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TC Packet 12-12-2023_____________________________________________________________________________________ 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 12, 2023 MEETING BEGINS AT 5:10 PM Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (See Agenda on page 3) AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:10 PM 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may be given one (1) additional minute subject to Council approval. 5. BUSINESS ITEMS 5.1. Downtown Development Authority Business 5.1.1 PUBLIC HEARING: Resolution 23-32, Adoption of Avon Downtown Development Authority 2024 Budget (Treasurer Paul Redmond) 5.2. Public Hearing for the Adoption of the 2023 Final Revised Budgets, 2024 Operating Budget, 2024 Capital Projects Fund Budget & Long-Range Capital Program and Tax Levies (Finance Director Paul Redmond) o Resolution 23-26, Amending the 2023 Town of Avon Operating Funds Budgets o Resolution 23-27, Amending the 2023 Town of Avon Capital Projects Fund Budget o Resolution 23-28, Adopting the 2024 Town of Avon Operating Funds Budget o Resolution 23-29, Adopting the Town of Avon Long-Range Capital Program and Simultaneously Adopt the 2024 Capital Projects Fund Budget o Resolution 23-30, Levying General Property Taxes for the Town of Avon for the 2024 Budget Year o Resolution 23-31, Levying General Property Taxes for the Avon General Improvement District No. 1 for the 2024 Budget Year RECESS to allow Avon Town Council to Convene as the Avon Urban Renewal Authority Board See attached Avon Urban Renewal Authority Agenda RECONVENE the Avon Town Council Meeting 5.3. Adoption of the 2024 Council Meeting Schedule (General Government Manager Ineke de Jong) 5.4. Resolution 23-25 Supporting the 2024 RREO Grant application (Sustainability Coordinator Charlotte Lin) 6. MINUTES 6.1. Approval of November 14, 2023 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 7. WRITTEN REPORTS 7.1. Gift Reporting – Birds of Prey (Town Clerk Miguel Jauregui Casanueva) 7.2. Year-end Sustainability Updates (Sustainability Coordinator Charlotte Lin) _____________________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK MIGUEL JAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI@AVON.ORG WITH ANY SPECIAL REQUESTS. 7.3. Polystyrene Ban Update (Sustainability Coordinator Charlotte Lin) 7.4. Draft November 14 Health & Rec Committee Meeting Minutes (Aquatics Superintendent Kacy Carmichael) 7.5. Avon Turkey Trot Recap (Recreation Director Michael Labagh) 7.6. Draft November 16 CASE Committee Meeting Minutes (Special Events Coordinator Chelsea Van Winkle) 7.7. Grant Funding Updates (Deputy Town Manager Patty McKenny) 7.8. PZC Abstract (Planner 1+, Max Morgan) 7.9. Monthly Financials October (Senior Accountant Dean Stockdale) 7.10. Monthly Financial November (Senior Accountant Dean Stockdale) 7.11. Upper Eagle Regional Water Authority Meeting Summaries from July 27, 2023 August 25, 2023 September 28, 2023 and October 26, 2023 (Mayor Pro Tem Tamra Underwood) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES 9. ADJOURN Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The 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. AVON LIQUOR LICENSING AUTHORITY MEETING AGENDA TUESDAY, DECEMBER 12, 2023 MEETING BEGINS AT 5:00 PM Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA [AN INITIAL THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK. SPEAKER MAY REQUEST MORE TIME AT THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL.] 5. PUBLIC HEARING FOR A SPECIAL EVENTS LIQUOR PERMIT 5.1. APPLICANT NAME: WALKING MOUNTAINS SCIENCE CENTER EVENT: DRINKERING & TINKERING DATE AND TIME: 7:00 P.M. – 8:30 P.M. ON JANUARY 18, MARCH 21, JULY 18, SEPTEMBER 12, AND NOVEMBER 21, 2024 LOCATION: 318 WALKING MOUNTAINS LANE TYPE: SPECIAL EVENT PERMIT MANAGER: SCOTT DUNN 6. APPROVAL OF THE MINUTES FROM NOVEMBER 14, 2023 LIQUOR LICENSING AUTHORITY MEETING (DEPUTY TOWN CLERK BRENDA TORRES) 7. WRITTEN REPORT 7.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (DEPUTY TOWN CLERK BRENDA TORRES) 8. ADJOURNMENT 970-748-4022 btorres@avon.org TO: Avon Liquor Licensing Authority FROM: Brenda Torres, Deputy Town Clerk RE: PUBLIC HEARING for Special Event Permit Application - Drinkering & Tinkering DATE: December 6, 2023 SUMMARY: The Walking Mountains Science Center, as the Applicant, is applying for malt, vinous, spirituous liquor permit to serve/sell beverages at the Drinkering & Tinkering special event on January 18, March 21, July 18, September 12, and November 21, 2024. The Applicant has submitted materials required by the State of Colorado Liquor Enforcement Division and all materials are in order. Documents are on file in the Town Clerk’s office. The 318 Walking Mountains Lane premise has been posted with notice of the public hearing for this application. Public notices were also posted in the Town's premises and no public comments were received. The event manager will be present to answer question about the application. The Applicant has adequate proof of commercial liability insurance that meets Town requirements and has obtained any other permit needed for this event. Background checks show no previous failure by the Applicant to comply with Special Event Permit laws and fewer than 15 special event permits issued to the Applicant this calendar year. BACKGROUND: Special events permits are issued by the Local Licensing Authority to allow particular types of organizations, municipalities, and political candidates to sell, serve or distribute alcohol beverages in connection with public events. Avon has adopted the local option whereby applications are made directly to the Avon Local Licensing Authority. Special event permits may only be issued for prescribed hours on a single day. An entity may receive a maximum of 15 special event permits per calendar year. There is no required finding for the issuance of a special event permit. Section 44-5-106, C.R.S., states the grounds for denial of a special event permit application as follows: “The state or local authority may deny the issuance of a special event permit upon the grounds that the issuance would be injurious to the public welfare because of the nature of the special event, its location within the community, or the failure of the applicant in a past special event to conduct the event in compliance with applicable laws.” ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY: The Town Council, acting as the Local Liquor Licensing Authority, will consider a Special Events Permit Application for the upcoming Drinkering & Tinkering special event. A public hearing is required before final action is taken. Applicant Name: Walking Mountains Science Center Event Name: Drinkering & Tinkering Event Date: January 18, March 21, July 18, September 12, and November 21, 2024. 7:00 p.m. – 8:30 p.m. Location: 318 Walking Mountains Lane Event Manager: Scott Dunn Permit Type: Special Events Permit -Malt, Vinous & Spirituous Liquor Page 2 of 2 PROPOSED MOTION: “I move to approve (or deny based upon statutory grounds for denial) the Special Events Permit application for the Drinkering & Tinkering special event on January 18, March 21, July 18, September 12, and November 21, 2024 from 7:00 p.m. to 8:30 p.m.” Thank you, Brenda. SPECIAL EVENTS PERMIT APPLICATION ATTACHMENTS: The Applicant for the special event permit has submitted the following materials: ✓ Attachment A: Application for a Special Event Permit (State form DR 8439) ✓ Attachment B: Alcohol Management Plan ✓ Attachment C: Diagram where liquor will be served Attachment A Attachment B Attachment C AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES TUESDAY, NOVEMBER 14, 2023 IN-PERSON MEETING AT AVON TOWN HALL Page 1 1.CALL TO ORDER AND ROLL CALL The meeting was hosted in person. Chairwoman Amy Phillips called the meeting to order at 5:00 p.m. A roll call was taken, and Board members present were Ruth Stanley, Rich Carroll, Lindsay Hardy, and Vice Chairwoman Tamra Underwood. Board members RJ Andrade and Chico Thuon were absent. Also present were Chief of Police Greg Daly, Town Attorney Karl Hanlon, Town Manager Eric Heil, Deputy Town Manager Patty McKenny, General Government Manager Ineke de Jong, Liquor Authority Secretary Miguel Jauregui Casanueva, and Deputy Town Clerk Brenda Torres. 2.APPROVAL OF AGENDA Video Start Time: 00:00:50 No changes were made to the agenda. Board member Carroll moved to approve the Liquor Licensing Authority agenda as presented. Vice Chairwoman Underwood seconded the motion and the motion passed with a vote of 5 to 0. Board members Andrade and Thuon were absent. 3.DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:09 No conflicts of interest were disclosed. 4.PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Video Start Time: 00:01:25 Chairwoman Phillips asked for public comments. No public comments were made. She mentioned that technology is not working tonight, and the meeting is not available via Zoom. 5.PUBLIC HEARING FOR A NEW HOTEL & RESTAURANT WITH OPTIONAL PREMISE LICENSE Video Start Time: 00:02:20 5.1. APPLICANT NAME: PYRAMID AVON MANAGEMENT LLC D/B/A SPRINGHILL SUITES BY MARRIOTT AND TOWNEPLACE SUITES BY MARRIOTT LOCATION: 1782 SWIFT GULCH ROAD TYPE: HOTEL & RESTAURANT (CITY) WITH OPTIONAL PREMISES MANAGER: DREW GUNDERSON The hotel manager, Drew Gunderson, was present in person and answered questions from the Board. Deputy Town Clerk Brenda Torres presented this application to the Authority. She mentioned that the application has been sent to the State as concurrent review with no comments received, that there are no concerns on the background checks for all Officers included in the application, and that the applicant is current on their tax and business licenses with the Town. She clarified to Board member Carroll that the Optional Premises is to cover the outside recreational area. AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES TUESDAY, NOVEMBER 14, 2023 IN-PERSON MEETING AT AVON TOWN HALL Page 2 Board member Carroll pointed out that the zip code in the application was incorrect. Vice Chairwoman Underwood talked about the premises diagrams and requested to include only the diagrams needed, clearly outlined. Chairwoman Phillips called for public comments and no public comments were made. Vice Chairwoman Underwood asked the manager Drew Gunderson about the storage and outside alcohol. He responded that the alcohol will be in the bar and kitchen area and if staff sees alcohol coming from the exterior, they will question it, but in his 20 years of experience working in hotels, he has never had a problem with that. Board member Carroll moved to approve the Liquor Licensing Authority Resolution 23-03, Approving the application for Pyramid Avon Management LLC d/b/a Springhill Suites by Marriott and TownePlace Suites by Marriott for a New Hotel & Restaurant (City) with Optional Premises Liquor License. Board member Hardy seconded the motion and the motion passed with a vote of 5 to 0. Board members Andrade and Thuon were absent. 6.APPROVAL OF THE MINUTES FROM JULY 25, 2023 MEETING Video Start Time: 00:12:43 No changes were made to the minutes. Vice Chairwoman Underwood moved to approve the liquor license meeting minutes for Tuesday, July 25, 2023 as presented. Board member Stanley seconded the motion and the motion passed with a vote of 5 to 0. Board members Andrade and Thuon were absent. 7.WRITTEN REPORT 7.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (DEPUTY TOWN CLERK BRENDA TORRES) 8.ADJOURNMENT The Avon Liquor Authority meeting adjourned at 5:13 p.m. AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES TUESDAY, NOVEMBER 14, 2023 IN-PERSON MEETING AT AVON TOWN HALL Page 3 These minutes are only a summary of the proceedings of the Local Liquor Licensing Authority 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, Deputy Town Clerk APPROVED: Amy Phillips ___________________________________ Tamra Underwood Ruth Stanley Chico Thuon Rich Carroll Lindsay Hardy RJ Andrade (970) 748-4022 btorres@avon.org AVON LIQUOR LICENSING AUTHORITY WRITTEN REPORT To: Avon Liquor Licensing Authority From: Brenda Torres, Deputy Town Clerk Date: December 6, 2023 Topic: REPORT ON RECENT LIQUOR LICENSE ADMINISTRATIVE APPROVALS SUMMARY: The Town’s local liquor licensing regulations allow for administrative review and approval of routine liquor license applications, including: (1) Renewals, (2) Modification of Ownership, (3) Modification of Managers, and (4) Special Event Permits for events already approved by the Town Council. Requirements for administrative approval include that the application is complete, there is no new criminal activity on the background and there are no liquor code violations during the last year. Renewals require notice to be posted for seven days and Special Event Permits for ten days and require the Town Clerk to accept comments and/or requests for a public hearing before the Avon Town Council. In all cases, the Town Clerk has the discretion to refer the application to the Avon Town Council. The Town Clerk is required to report administrative approvals, which is the reason for this written report. Dating back to November 14, 2023, the Town has received 3 Renewal Applications that have met all the requirements for administrative review and approval and were ultimately approved by the Town Clerk. No comments, complaints, or request for hearings were received. They are as follows: Renewals: Applicant: Bob’s Place LLC d/b/a Bob’s Place Location: 100 W Beaver Creek Blvd Type: Hotel and Restaurant Manager: Chris Doyle Applicant: Vail Country Club LLC d/b/a Vail CC Location: 240 Chapel Place Unit B126 Type: Tavern (City) Manager: Kenny Thayer Applicant: Vail Valley Mexican Foods, LLC d/b/a Agave Location: 1060 E Beaver Creek Type: Hotel & Restaurant (City) Manager: Richard Wheelock Jr TO: Honorable Mayor Phillips and Council FROM: Ineke de Jong, General Government Manager RE: Public Comments Received Israeli Flag DATE: Compiled December 8, 2023 (up until 11.30AM) Council has received multiple public comments via email about the Israeli Flag between October 9 and today. The various comments are compiled below in chronological order. Private email addresses and phone numbers have been redacted. From: Steve Michonski <stevemichonski@outlook.com> Sent: Monday, October 9, 2023 8:40 AM To: Council Everyone Group <council@avon.org> Subject: I assume the Israeli flag will be flown in Avon? Thank you, Steve Sent from Mail for Windows From: TAL VAADIA <tvaadia@comcast.net> Sent: Wednesday, November 15, 2023 9:24 AM To: Council Everyone Group <council@avon.org> Subject: Show of support for Israel Dear Avon, As a Coloradoan I am curious as to why the Avon township is choosing not to display support for Israel and the 240 kidnapped victims while publicly supporting gay pride and Ukraine by publicly displaying those flags? Please explain, Regards, Tal Vaadia (Fort Collins resident) From: Elaine Farkas <pick2far@gmail.com> Sent: Thursday, November 16, 2023 2:51 PM To: Council Everyone Group <council@avon.org> Subject: Proposal to post Israeli Flag on Flagpole Hello, during the past several years, I have noticed that multiple flags have been raised on the township flagpoles (Rainbow for LGBTQ+; Ukraine, etc.,). In light of the current situation in Israel and the hostage situation, I propose that the Israeli flag be raised for the month of December. I realize that there are many opinions regarding this manner. However, Israel is a democracy, and firm ally of the United States, it sends a wonderful message to the people of both countries that Israel is supported by the township of Avon CO. What might I do to insure that this happens? Do you need a number of signatures? Requests? Please advise. Thank you, Elaine Farkas 37243 Highway 6, #103 Avon CO From: PJ Walder <pj.walder@gmail.com> Sent: Friday, November 17, 2023 11:47 AM To: Amy Phillips <aphillips@avon.org>; Tamra Underwood <tunderwood@avon.org>; Chico Thuon <cthuon@avon.org> Subject: Antiisemitism Avon Town Council, I am a Jew. I've raised my 2 children in the Valley. We have hosted countless International Jewish and Nonjewish families in our home for over 16 years. All have contributed to the thriving economy and culture of Avon and the Vail Valley. Please show respect to those whom for the last 70 years call Israel their Homeland. Refusal to fly the Israeli flag in support of a country that has been violently attacked by terrorists who slaughtered women and children is cowardly. By NOT acting in solidarity, the town of Avon could be potentially liable for inciting antisemitic actions. Please reverse your vote to not fly an Israeli flag. Additionally, publish an article in the Vail Daily stating this decision. Anything short of this is irresponsible and antisemitic. PJ Walder November 17,2023 From: Peter Buckley <Pete@InternetVail.com> Sent: Friday, November 17, 2023 2:42 PM To: Council Everyone Group <council@avon.org> Cc: Karl J. Hanlon <townattorney@avon.org> Subject: Friday's Fishwrap and Avon Councilmember quotes... Attorney Hanlon, Disclaimer: VD is notorious for misquoting folks…was not at the meeting. Recognize (below yellow) may be in error… That Said: When you get a minute please advise the Avon Council that the U.S. Constitution has NO SPECIFIC verbiage about “separation of church and state”. Disclaimer #2: I don’t consider myself neither a Biblical nor Constitutional expert. That Said: Friday’s article suggested that one Council member had no issue with flying the LBGTQ+ flag on an TOA flag pole. Pro Flag Context: inclusion and welcoming. Has any Councilmember considered that flying that Flag on a TOA flag pole might (inadvertently?) offend individuals that believe in what is printed in the 3rd book of the Torah as well as teachings in Romans from the New Testiment? -pete buckley PS Happy living/Sailing in Pensacola now. Our property tax was up $18.65 this year. Yup, you read that correctly. From: Megan Bronsther <mbronsther@gmail.com> Sent: Friday, November 17, 2023 4:15 PM To: Amy Phillips <aphillips@avon.org> Cc: Tamra Underwood <tunderwood@avon.org> Subject: Vail Daily 11/17/2023 - Israeli Flag Hi Amy, Having had the chance to work with you on various events and real estate showings, and as our Mayor, I wanted to reach out with some concerns. As a long standing active community member and Jewish American woman, I was disheartened to read this morning's Vail Daily article around the controversy on raising the Israeli flag. I understand the Council's desire to not invite vandalism and civil unrest, as seen following the many Free Palestine rallies occurring throughout the country. I certainly do not want to incite violence in a place I call home year round. I also want to be sure my local government will stand up for the needs of all its people. Having lived in this valley for over a decade, I have seen numerous flags in support of underrepresented groups representing solidarity with linked community members fly over the Avon roundabout. The excuses cited from the Council range from governmental decisions, questions of separation of Church and State, to representing marginalized groups are not only stretched, but irrelevant. So I ask: • What more of a "governmental decision" could be made than having our own Federal government outwardly display solidarity with the Israeli people by raising its colors on Capitol buildings and monuments? • There is a question of Church and State. Israel, while having an official religion, has a complete separation of Church and State. Meaning there are no religious figureheads in political power. This is similar to the government set up of Argentia, Spain, Hungary, Italy, Portugal, Thailand, Sweden, and countless others. There is not however a separation of Church and State in Israels' neighboring 22 Islamic controlled countries or Greece, Iceland or even the United Kingdom. • What group can possibly call themselves more marginalized than the Jewish people? They make up less than 2% of the world's population and half of which live in Israel. With anti-semtism at an all time high (300+% increase YoY), it seems that my already underrepresented group is at risk of being further victimized. Again, while I understand the intent of this article was to tamper tensions around an emotional topic and take an overall neutral or passive stance, this was not achieved. Ultimately I feel this statement was unsupportive and excluded the Jewish population of Avon, including myself. While more pressing and immediate local issues plague our community like housing, my ask is that moving forward the Council will not scrounge for reasons to leave the Jewish people out of their activism, but rather reasons to include all when standing up against hate; no matter the form it takes. I look forward to your response. Wishing you and your family a safe and happy holiday season! -- Megan Bronsther (518) 852-0221 mbronsther@gmail.com From: Bryan’s <bk_5280@comcast.net> Sent: Friday, November 17, 2023 6:08 PM To: Council Everyone Group <council@avon.org> Subject: Flags on Government Property Dear Mayor Amy, I trust you will read this and not just one of your staff members. As someone who frequents Avon year round and someone who cares greatly about your/our community I would strongly encourage you to change your Flag Policy and be more consistent in your Criteria. In reading the ar�cle in todays VD I saw that you’ve been flying both an LGBTQ and Ukraine flag, along with a USA and CO flags for over 2 years now. Who decided which flags and what’s the criteria? To me it sounds both inconsistent and le� leaning. Let’s take the poli�cs out of this and with the three flag poles I suggest the most obvious 2, The USA and Colorado. Maybe for the other one it has nothing to do with other causes or countries Maybe put up a promo�on for an event ie World Cup Skiing races? I think this way you’re not trying to please or disappoint at least half the people that will judge each decision you make? It’s not to say we don’t care about Ukraine, Israel, LGBT, MEGA, Save the Planet, or any cause people choose. Thank you for listening. BK PS these are the types of decisions that many of us will be considered during re-elec�on �me for all Council Members. Don’t take a side please. Sent from my iPhone From: Michael Mossman <mimossman@aol.com> Date: November 19, 2023 at 9:55:56 AM MST To: letters@vaildaily.com Subject: Avon Town Council and Flags Flags are incredibly symbolic and meaningful especially when flying high on a flagpole. Americans Pledge Allegiance to the Flag first, and then to the Republic. Our Olympic athletes wrap themselves in flags. In the South the Confederate flag has fallen out of favor because public opinion deemed the flag a symbol honoring slavery, segregation and inequality. Simply put, whether you fly a flag or wear one on your lapel or baseball cap it is an expression of love of country and patriotism or affiliation or support for a cause. The purpose of this letter to the community is to ask whether or not the Avon City Council created a slippery slope by flying the Ukrainian flag? In light of that fact why shouldn’t the Israeli flag now be raised? And what about the next war and the next Country’s flag? Did the Avon City Council put itself in the unenviable position of choosing sides in a foreign Country’s war? Did the Town Council overstep its mission of providing Public Service to the community it serves? So I pose these questions to you. Does every well meaning Country or organization for that matter get a shot at their symbolic flag hanging high? Or do we leave that to personal wearing apparel? “When the facts change, I change my mind. What do you do ,sir?” John Maynard Keynes Michael Mossman PO Box 9254 Avon, CO 81620 615-513-4444 mimossman@aol.com Sent from my iPad From: Daniel Altman <dan.altman90@gmail.com> Sent: Sunday, November 19, 2023 11:53 AM To: Council Everyone Group <council@avon.org> Subject: Y’all are hypocrites for not standing with Israel I saw one member say she wouldn’t vote on any more flag discussions. She should step down immediately. Fly the Israel flag. Stand with America. Stand up or resign. Sent from my iPhone From: Gary Moore <gsm212121@yahoo.com> Sent: Monday, November 20, 2023 12:46 PM To: Council Everyone Group <council@avon.org> Subject: Flag Shame on each and every one of you for forbidding the Israel flag to fly! Spineless, hypocritical, cowards each and every one of you! I’ve lived in Summit County for years and have treated Avon like my back yard, but no more! What a pathetic lot the bunch of you are. All for “unity”?! Please. Go crawl in a hole and hide from the light you so sorely need! Gary Moore From: Madrona Newton <madrona.newton@hotmail.com> Sent: Monday, November 20, 2023 3:56 PM To: Council Everyone Group <council@avon.org> Subject: With the holiday spirit, I ask you to remove all flags from Avon other than the American and Colorado. Any others reflecting politics, religion or sexual diversity are inappropriate. These unfortunate decisions you have made create controversy – not peace. Happy Holidays – Madrona Newton From: Alan Tanenbaum <alantanen@gmail.com> Sent: Thursday, November 30, 2023 6:34 PM To: Amy Phillips <aphillips@avon.org> Subject: Town of Avon policy? Mayor Phillips- In reaction to the Avon Town Council’s decision not to fly the flag of Israel in the roundabout at Avon Road and Benchmark Road, Rabbi Joel Newman wrote in his November 17, 2023 Vail Daily opinion piece: “The members of the Avon Town Council might want to note that the United States government is supporting the right for Israel to defend itself. Flying the flag of Israel states that the town of Avon stands for a country that is at war against terrorism. How can support of that premise possibly be a question?” Of course, the Town Council’s decision was made in the aftermath of having flown the flag of Ukraine in the very same roundabout. That decision set a noticeably clear precedent that the Town Council would proudly fly the flag of any nation that is attacked, brutalized or invaded without provocation. Israel is certainly a nation that fits this description, having sustained the death of 1400 of its innocent civilians in Hamas’s savage incursion of October 7. Additionally, to the extent that any member of the Town Council is of the opinion that this is a religious war, note that the U.S. government has not classified this as such and nor should the Avon Town Council. It is, as Rabbi Newman indicated, “…a war waged by a sovereign state in the Middle East clearly defending itself and responding to a terror attack by Hamas,” which of course, is the governing authority in Gaza. Considering the Town Council’s precedent and subsequent differential treatment of Israel, the question it must face is whether it regrets having flown the flag of Ukraine and now commits to flying the flag of no other nation than that of the United States. If the Town Council is now committed to a “no other nation’s flag” principle, the public deserves to know this (e.g., the Council could promptly and clearly express this position in The Vail Daily and on the Town Council’s website). Without such public clarity, its continuing decision to ban the flag of Israel (contrary to its own precedent established for the flag of Ukraine) can only be seen as having its basis in political and/or religious discrimination and prejudice. I urge you to reconsider the consequences of your starkly different treatment of the two countries, and to come clean on your policy so that the people who elected you to represent them know for certain what that policy is. Your prompt action on this request is appreciated and could affect possible future plans to broaden the public campaign in opposition to the Council’s current position. >> Alan Tanenbaum From: Jill Tanenbaum <jillt@jtdesign.com> Sent: Thursday, November 30, 2023 7:10 PM To: Amy Phillips <aphillips@avon.org> Subject: The Avon Town Council's decision not to fly the flag of Israel Mayor Phillips- In reaction to the Avon Town Council’s decision not to fly the flag of Israel in the roundabout at Avon Road and Benchmark Road, Rabbi Joel Newman wrote in his November 17, 2023 Vail Daily opinion piece: “The members of the Avon Town Council might want to note that the United States government is supporting the right for Israel to defend itself. Flying the flag of Israel states that the town of Avon stands for a country that is at war against terrorism. How can support of that premise possibly be a question?” Of course, the Town Council’s decision was made in the aftermath of having flown the flag of Ukraine in the very same roundabout. That decision set a noticeably clear precedent that the Town Council would proudly fly the flag of any nation that is attacked, brutalized or invaded without provocation. Israel is certainly a nation that fits this description, having sustained the death of 1400 of its innocent civilians in Hamas’s savage incursion of October 7. Additionally, to the extent that any member of the Town Council is of the opinion that this is a religious war, note that the U.S. government has not classified this as such and nor should the Avon Town Council. It is, as Rabbi Newman indicated, “…a war waged by a sovereign state in the Middle East clearly defending itself and responding to a terror attack by Hamas,” which of course, is the governing authority in Gaza. Considering the Town Council’s precedent and subsequent differential treatment of Israel, the question it must face is whether it regrets having flown the flag of Ukraine and now commits to flying the flag of no other nation than that of the United States. If the Town Council is now committed to a “no other nation’s flag” principle, the public deserves to know this (e.g., the Council could promptly and clearly express this position in The Vail Daily and on the Town Council’s website). Without such public clarity, its continuing decision to ban the flag of Israel (contrary to its own precedent established for the flag of Ukraine) can only be seen as having its basis in political and/or religious discrimination and prejudice. I urge you to reconsider the consequences of your starkly different treatment of the two countries, and to come clean on your policy so that the people who elected you to represent them know for certain what that policy is. Your prompt action on this request is appreciated and could affect possible future plans to broaden the public campaign in opposition to the Council’s current position. Sincerely Jill Tanenbaum From: Rita Numerof <rnumerof@nai-consulting.com> Sent: Thursday, November 30, 2023 7:45 PM To: Amy Phillips <aphillips@avon.org> Subject: Avon Residents Deserve Policy Decisions Free of the Town Council's Religious Bias Dear Mayor Phillips, In reaction to the Avon Town Council’s decision not to fly the flag of Israel in the roundabout at Avon Road and Benchmark Road, Rabbi Joel Newman wrote in his November 17, 2023 Vail Daily opinion piece: “The members of the Avon Town Council might want to note that the United States government is supporting the right for Israel to defend itself. Flying the flag of Israel states that the town of Avon stands for a country that is at war against terrorism. How can support of that premise possibly be a question?” Of course, the Town Council’s decision was made in the aftermath of having flown the flag of Ukraine in the very same roundabout. That decision set a noticeably clear precedent that the Town Council would proudly fly the flag of any nation that is attacked, brutalized or invaded without provocation. Israel is certainly a nation that fits this description, having sustained the death of 1400 of its innocent civilians in Hamas’s savage incursion of October 7. Additionally, to the extent that any member of the Town Council is of the opinion that this is a religious war, note that the U.S. government has not classified this as such and nor should the Avon Town Council. It is, as Rabbi Newman indicated, “…a war waged by a sovereign state in the Middle East clearly defending itself and responding to a terror attack by Hamas,” which of course, is the governing authority in Gaza. Considering the Town Council’s precedent and subsequent differential treatment of Israel, the question it must face is whether it regrets having flown the flag of Ukraine and now commits to flying the flag of no other nation than that of the United States. If the Town Council is now committed to a “no other nation’s flag” principle, the public deserves to know this (e.g., the Council could promptly and clearly express this position in The Vail Daily and on the Town Council’s website). Without such public clarity, its continuing decision to ban the flag of Israel (contrary to its own precedent established for the flag of Ukraine) can only be seen as having its basis in political and/or religious discrimination and prejudice. I urge you to reconsider the consequences of your starkly different treatment of the two countries, and to come clean on your policy so that the people who elected you to represent them know for certain what that policy is. Your prompt action on this request is appreciated and could affect possible future plans to broaden the public campaign in opposition to the Council’s current position. Respectfully, Rita E. Numerof, Ph.D. Local resident From: Les Lerner <llerner@lalproperties.com> Sent: Thursday, November 30, 2023 8:04 PM To: Amy Phillips <aphillips@avon.org> Subject: Flag of Israel Mayor Phillips- In reaction to the Avon Town Council’s decision not to fly the flag of Israel in the roundabout at Avon Road and Benchmark Road, Rabbi Joel Newman wrote in his November 17, 2023 Vail Daily opinion piece: “The members of the Avon Town Council might want to note that the United States government is supporting the right for Israel to defend itself. Flying the flag of Israel states that the town of Avon stands for a country that is at war against terrorism. How can support of that premise possibly be a question?” Of course, the Town Council’s decision was made in the aftermath of having flown the flag of Ukraine in the very same roundabout. That decision set a noticeably clear precedent that the Town Council would proudly fly the flag of any nation that is attacked, brutalized or invaded without provocation. Israel is certainly a nation that fits this description, having sustained the death of 1400 of its innocent civilians in Hamas’s savage incursion of October 7. Additionally, to the extent that any member of the Town Council is of the opinion that this is a religious war, note that the U.S. government has not classified this as such and nor should the Avon Town Council. It is, as Rabbi Newman indicated, “…a war waged by a sovereign state in the Middle East clearly defending itself and responding to a terror attack by Hamas,” which of course, is the governing authority in Gaza. Considering the Town Council’s precedent and subsequent differential treatment of Israel, the question it must face is whether it regrets having flown the flag of Ukraine and now commits to flying the flag of no other nation than that of the United States. If the Town Council is now committed to a “no other nation’s flag” principle, the public deserves to know this (e.g., the Council could promptly and clearly express this position in The Vail Daily and on the Town Council’s website). Without such public clarity, its continuing decision to ban the flag of Israel (contrary to its own precedent established for the flag of Ukraine) can only be seen as having its basis in political and/or religious discrimination and prejudice. I urge you to reconsider the consequences of your starkly different treatment of the two countries, and to come clean on your policy so that the people who elected you to represent them know for certain what that policy is. Your prompt action on this request is appreciated and could affect possible future plans to broaden the public campaign in opposition to the Council’s current position. Les Lerner President L.A.L. Property Management Corp. 3190 Riverdale Avenue, Suite #3 Bronx, NY 10463 www.LALProperties.com Office 718-601-1414 Fax 718-601-1441 Cell 516-702-4042 Mail P.O. Box 427 Syosset, NY 11791 From: Bonnie Kivel <bsbso@aol.com> Sent: Thursday, November 30, 2023 8:46 PM To: Amy Phillips <aphillips@avon.org> Subject: the flag of Israel Mayor Phillips- In reaction to the Avon Town Council’s decision not to fly the flag of Israel in the roundabout at Avon Road and Benchmark Road, Rabbi Joel Newman wrote in his November 17, 2023 Vail Daily opinion piece: “The members of the Avon Town Council might want to note that the United States government is supporting the right for Israel to defend itself. Flying the flag of Israel states that the town of Avon stands for a country that is at war against terrorism. How can support of that premise possibly be a question?” Of course, the Town Council’s decision was made in the aftermath of having flown the flag of Ukraine in the very same roundabout. That decision set a noticeably clear precedent that the Town Council would proudly fly the flag of any nation that is attacked, brutalized or invaded without provocation. Israel is certainly a nation that fits this description, having sustained the death of 1400 of its innocent civilians in Hamas’s savage incursion of October 7. Additionally, to the extent that any member of the Town Council is of the opinion that this is a religious war, note that the U.S. government has not classified this as such and nor should the Avon Town Council. It is, as Rabbi Newman indicated, “…a war waged by a sovereign state in the Middle East clearly defending itself and responding to a terror attack by Hamas,” which of course, is the governing authority in Gaza. Considering the Town Council’s precedent and subsequent differential treatment of Israel, the question it must face is whether it regrets having flown the flag of Ukraine and now commits to flying the flag of no other nation than that of the United States. If the Town Council is now committed to a “no other nation’s flag” principle, the public deserves to know this (e.g., the Council could promptly and clearly express this position in The Vail Daily and on the Town Council’s website). Without such public clarity, its continuing decision to ban the flag of Israel (contrary to its own precedent established for the flag of Ukraine) can only be seen as having its basis in political and/or religious discrimination and prejudice. I urge you to reconsider the consequences of your starkly different treatment of the two countries, and to come clean on your policy so that the people who elected you to represent them know for certain what that policy is. Your prompt action on this request is appreciated and could affect possible future plans to broaden the public campaign in opposition to the Council’s current position. Sincerely, Bonnie Kivel From: Patrick Baldasare <pbaldasare@gmail.com> Sent: Thursday, November 30, 2023 8:54 PM To: Amy Phillips <aphillips@avon.org> Subject: The Town of Avon's decision not to fly the flag of Israel Mayor Phillips- In reaction to the Avon Town Council’s decision not to fly the flag of Israel in the roundabout at Avon Road and Benchmark Road, Rabbi Joel Newman wrote in his November 17, 2023 Vail Daily opinion piece: “The members of the Avon Town Council might want to note that the United States government is supporting the right for Israel to defend itself. Flying the flag of Israel states that the town of Avon stands for a country that is at war against terrorism. How can support of that premise possibly be a question?” Of course, the Town Council’s decision was made in the aftermath of having flown the flag of Ukraine in the very same roundabout. That decision set a noticeably clear precedent that the Town Council would proudly fly the flag of any nation that is attacked, brutalized or invaded without provocation. Israel is certainly a nation that fits this description, having sustained the death of 1400 of its innocent civilians in Hamas’s savage incursion of October 7. Additionally, to the extent that any member of the Town Council is of the opinion that this is a religious war, note that the U.S. government has not classified this as such and nor should the Avon Town Council. It is, as Rabbi Newman indicated, “…a war waged by a sovereign state in the Middle East clearly defending itself and responding to a terror attack by Hamas,” which of course, is the governing authority in Gaza. Considering the Town Council’s precedent and subsequent differential treatment of Israel, the question it must face is whether it regrets having flown the flag of Ukraine and now commits to flying the flag of no other nation than that of the United States. If the Town Council is now committed to a “no other nation’s flag” principle, the public deserves to know this (e.g., the Council could promptly and clearly express this position in The Vail Daily and on the Town Council’s website). Without such public clarity, its continuing decision to ban the flag of Israel (contrary to its own precedent established for the flag of Ukraine) can only be seen as having its basis in political and/or religious discrimination and prejudice. I urge you to reconsider the consequences of your starkly different treatment of the two countries, and to come clean on your policy so that the people who elected you to represent them know for certain what that policy is. Your prompt action on this request is appreciated and could affect possible future plans to broaden the public campaign in opposition to the Council’s current position. Regards, Patrick Patrick Baldasare 610.256.4950 From: Robert Willoughby <robertlwilloughby@gmail.com> Sent: Thursday, November 30, 2023 9:25 PM To: Amy Phillips <aphillips@avon.org> Subject: Incorrect decisions Mayor Phillips- In reaction to the Avon Town Council’s decision not to fly the flag of Israel in the roundabout at Avon Road and Benchmark Road, Rabbi Joel Newman wrote in his November 17, 2023 Vail Daily opinion piece: “The members of the Avon Town Council might want to note that the United States government is supporting the right for Israel to defend itself. Flying the flag of Israel states that the town of Avon stands for a country that is at war against terrorism. How can support of that premise possibly be a question?” Of course, the Town Council’s decision was made in the aftermath of having flown the flag of Ukraine in the very same roundabout. That decision set a noticeably clear precedent that the Town Council would proudly fly the flag of any nation that is attacked, brutalized or invaded without provocation. Israel is certainly a nation that fits this description, having sustained the death of 1400 of its innocent civilians in Hamas’s savage incursion of October 7. Additionally, to the extent that any member of the Town Council is of the opinion that this is a religious war, note that the U.S. government has not classified this as such and nor should the Avon Town Council. It is, as Rabbi Newman indicated, “…a war waged by a sovereign state in the Middle East clearly defending itself and responding to a terror attack by Hamas,” which of course, is the governing authority in Gaza. Considering the Town Council’s precedent and subsequent differential treatment of Israel, the question it must face is whether it regrets having flown the flag of Ukraine and now commits to flying the flag of no other nation than that of the United States. If the Town Council is now committed to a “no other nation’s flag” principle, the public deserves to know this (e.g., the Council could promptly and clearly express this position in The Vail Daily and on the Town Council’s website). Without such public clarity, its continuing decision to ban the flag of Israel (contrary to its own precedent established for the flag of Ukraine) can only be seen as having its basis in political and/or religious discrimination and prejudice. I urge you to reconsider the consequences of your starkly different treatment of the two countries, and to come clean on your policy so that the people who elected you to represent them know for certain what that policy is. Your prompt action on this request is appreciated and could affect possible future plans to broaden the public campaign in opposition to the Council’s current position. Robert Willoughby robertlwilloughby@gmail.com +1 970 390 7787 From: Shelly Baldasare <shellybaldasare@gmail.com> Sent: Friday, December 1, 2023 6:23 AM To: Amy Phillips <aphillips@avon.org> Cc: Amy Phillips <aphillips@avon.org> Subject: The Avon Town Council's decision not to fly the flag of Israel Mayor Phillips- In reaction to the Avon Town Council’s decision not to fly the flag of Israel in the roundabout at Avon Road and Benchmark Road, Rabbi Joel Newman wrote in his November 17, 2023 Vail Daily opinion piece: “The members of the Avon Town Council might want to note that the United States government is supporting the right for Israel to defend itself. Flying the flag of Israel states that the town of Avon stands for a country that is at war against terrorism. How can support of that premise possibly be a question?” Of course, the Town Council’s decision was made in the aftermath of having flown the flag of Ukraine in the very same roundabout. That decision set a noticeably clear precedent that the Town Council would proudly fly the flag of any nation that is attacked, brutalized or invaded without provocation. Israel is certainly a nation that fits this description, having sustained the death of 1400 of its innocent civilians in Hamas’s savage incursion of October 7. Additionally, to the extent that any member of the Town Council is of the opinion that this is a religious war, note that the U.S. government has not classified this as such and nor should the Avon Town Council. It is, as Rabbi Newman indicated, “…a war waged by a sovereign state in the Middle East clearly defending itself and responding to a terror attack by Hamas,” which of course, is the governing authority in Gaza. Considering the Town Council’s precedent and subsequent differential treatment of Israel, the question it must face is whether it regrets having flown the flag of Ukraine and now commits to flying the flag of no other nation than that of the United States. If the Town Council is now committed to a “no other nation’s flag” principle, the public deserves to know this (e.g., the Council could promptly and clearly express this position in The Vail Daily and on the Town Council’s website). Without such public clarity, its continuing decision to ban the flag of Israel (contrary to its own precedent established for the flag of Ukraine) can only be seen as having its basis in political and/or religious discrimination and prejudice. I urge you to reconsider the consequences of your starkly different treatment of the two countries, and to come clean on your policy so that the people who elected you to represent them know for certain what that policy is. Your prompt action on this request is appreciated and could affect possible future plans to broaden the public campaign in opposition to the Council’s current position. Hoping you can change your mind and show support for Israel as you did for Ukraine. Thanks very much! Shelly Baldasare From: Michael Mossman <mimossman53@gmail.com> Sent: Friday, December 1, 2023 7:05 AM To: Ineke de Jong <idejong@avon.org> Subject: Petition /Israeli Flag issue Hello, Attached is a Petition drafted by other concerned citizens for your review. Please forward same to the Mayor and Town Council. Let me know if the Flag matter will be added to the agenda for the upcoming Town Council meeting. I anticipate we will have one person presenting remarks to the Council. Thank you, Michael Mossman 615-513-4444 “When the facts change, I change my mind. What do you do, sir?” John Maynard Keynes The email attachment that is labeled “AvonTownCouncil 11.28.2023” can be viewed on the next page In reaction to the Avon Town Council’s decision not to fly the flag of Israel in the roundabout at Avon Road and Benchmark Road, Rabbi Joel Newman wrote in his November 17, 2023 Vail Daily opinion piece: “The members of the Avon Town Council might want to note that the United States government is supporting the right for Israel to defend itself. Flying the flag of Israel states that the town of Avon stands for a country that is at war against terrorism. How can support of that premise possibly be a question?” Of course, the Town Council’s decision was made in the aftermath of having flown the flag of Ukraine in the very same roundabout. That decision set a noticeably clear precedent that the Town Council would proudly fly the flag of any nation that is attacked, brutalized or invaded without provocation. Israel is certainly a nation that fits this description, having sustained the death of 1400 of its innocent civilians in Hamas’s savage incursion of October 7. Additionally, to the extent that any member of the Town Council is of the opinion that this is a religious war, note that the U.S. government has not classified this as such and nor should the Avon Town Council. It is, as Rabbi Newman indicated, “…a war waged by a sovereign state in the Middle East clearly defending itself and responding to a terror attack by Hamas,” which of course, is the governing authority in Gaza. Considering the Town Council’s precedent and subsequent differential treatment of Israel, the question it must face is whether it regrets having flown the flag of Ukraine and now commits to flying the flag of no other nation than that of the United States. If the Town Council is now committed to a “no other nation’s flag” principle, the public deserves to know this (e.g., the Council could promptly and clearly express this position in The Vail Daily and on the Town Council’s website). Without such public clarity, its continuing decision to ban the flag of Israel (contrary to its own precedent established for the flag of Ukraine) can only be seen as having its basis in political and/or religious discrimination and prejudice. I urge you to reconsider the consequences of your starkly different treatment of the two countries, and to come clean on your policy so that the people who elected you to represent them know for certain what that policy is. Your prompt action on this request is appreciated and could affect possible future plans to broaden the public campaign in opposition to the Council’s current position. From: Jeffrey Greenspoon <jeff@drgreenspoon.com> Sent: Friday, December 1, 2023 8:14 AM To: Amy Phillips <aphillips@avon.org> Cc: d.greenspoon@icloud.com <d.greenspoon@icloud.com> Subject: Israel flag decision.. . Indifference to evil Mayor Phillips- In reaction to the Avon Town Council’s decision not to fly the flag of Israel in the roundabout at Avon Road and Benchmark Road, Rabbi Joel Newman wrote in his November 17, 2023 Vail Daily opinion piece: “The members of the Avon Town Council might want to note that the United States government is supporting the right for Israel to defend itself. Flying the flag of Israel states that the town of Avon stands for a country that is at war against terrorism. How can support of that premise possibly be a question?” Of course, the Town Council’s decision was made in the aftermath of having flown the flag of Ukraine in the very same roundabout. That decision set a noticeably clear precedent that the Town Council would proudly fly the flag of any nation that is attacked, brutalized or invaded without provocation. Israel is certainly a nation that fits this description, having sustained the death of 1400 of its innocent civilians in Hamas’s savage incursion of October 7. Additionally, to the extent that any member of the Town Council is of the opinion that this is a religious war, note that the U.S. government has not classified this as such and nor should the Avon Town Council. It is, as Rabbi Newman indicated, “…a war waged by a sovereign state in the Middle East clearly defending itself and responding to a terror attack by Hamas,” which of course, is the governing authority in Gaza. Considering the Town Council’s precedent and subsequent differential treatment of Israel, the question it must face is whether it regrets having flown the flag of Ukraine and now commits to flying the flag of no other nation than that of the United States. If the Town Council is now committed to a “no other nation’s flag” principle, the public deserves to know this (e.g., the Council could promptly and clearly express this position in The Vail Daily and on the Town Council’s website). Without such public clarity, its continuing decision to ban the flag of Israel (contrary to its own precedent established for the flag of Ukraine) can only be seen as having its basis in political and/or religious discrimination and prejudice. I urge you to reconsider the consequences of your starkly different treatment of the two countries, and to come clean on your policy so that the people who elected you to represent them know for certain what that policy is. Your prompt action on this request is appreciated and could affect possible future plans to broaden the public campaign in opposition to the Council’s current position. On a personal note, Eli Wiesel of blessed memory warned about any difference towards evil. Edmund Burke reiterated that warning as follows "the only thing necessary for the triumph of evil is for good men to do nothing". Thank you for your consideration. Jeffrey and Danielle Greenspoon From: Kathy <kathypk11@gmail.com> Sent: Friday, December 1, 2023 3:26 PM To: Amy Phillips <aphillips@avon.org> Subject: Israeli flag Dear Mayor Phillips, In reaction to the Avon Town Council’s decision not to fly the flag of Israel in the roundabout at Avon Road and Benchmark Road, Rabbi Joel Newman wrote in his November 17, 2023 Vail Daily opinion piece: “The members of the Avon Town Council might want to note that the United States government is supporting the right for Israel to defend itself. Flying the flag of Israel states that the town of Avon stands for a country that is at war against terrorism. How can support of that premise possibly be a question?” Of course, the Town Council’s decision was made in the aftermath of having flown the flag of Ukraine in the very same roundabout. That decision set a noticeably clearprecedent that the Town Council would proudly fly the flag of any nation that is attacked, brutalized or invaded without provocation. Israel is certainly a nation that fits this description, having sustained the death of 1400 of its innocent civilians in Hamas’s savage incursion of October 7. Additionally, to the extent that any member of the Town Council is of the opinion that this is a religious war, note that the U.S. government has not classified this as such and nor should the Avon Town Council. It is, as Rabbi Newman indicated, “…a war waged by a sovereign state in the Middle East clearly defending itself and responding to a terror attack by Hamas,” which of course, is the governing authority in Gaza. Considering the Town Council’s precedent and subsequent differential treatment of Israel, the question it must face is whether it regrets having flown the flag of Ukraine and now commits to flying the flag of no other nation than that of the United States. If the Town Council is now committed to a “no other nation’s flag” principle, the public deserves to know this (e.g., the Council could promptly and clearly express this positionin The Vail Daily and on the Town Council’s website). Without such public clarity, itscontinuing decision to ban the flag of Israel (contrary to its own precedent established for the flag of Ukraine) can only be seen as having its basis in political and/or religious discrimination and prejudice. I urge you to reconsider the consequences of your starkly different treatment of the two countries, and to come clean on your policy so that the people who elected you to represent them know for certain what that policy is. Your prompt action on this request is appreciated and could affect possible future plans to broaden the public campaign in opposition to the Council’s current position. Dr. Kathy Palakow Kimmel, Psy.D. 303.517.5108 From: Heidi Troester <heidift@comcast.net> Sent: Friday, December 1, 2023 9:30 PM To: Amy Phillips <aphillips@avon.org> Subject: Flying the Flags Dear Amy, In reaction to the Avon Town Council’s decision not to fly the flag of Israel in the roundabout at Avon Road and Benchmark Road, Rabbi Joel Newman wrote in his November 17, 2023 Vail Daily opinion piece: “Themembers of the Avon Town Council might want to note that the United States government is supporting the right for Israel to defend itself. Flying the flag of Israel states that the town of Avon stands for a country that is at war against terrorism. How can support of that premise possibly be a question?” Of course, the Town Council’s decision was made in the aftermath of having flown the flag of Ukraine in the very same roundabout. That decision set a noticeably clearprecedent that the Town Council would proudly fly the flagof any nation that is attacked, brutalized or invaded without provocation. Israel is certainly a nation that fits this description, having sustained the death of 1400 of its innocent civilians in Hamas’s savage incursion of October 7. Additionally, to the extent that any member of the Town Council is of the opinion that this is a religious war, note that the U.S. government has not classified this as such and nor should the Avon Town Council. It is, as Rabbi Newman indicated, “…a war waged by a sovereign state in the Middle East clearly defending itself and responding to a terror attack by Hamas,” which of course, is the governing authority in Gaza. Considering the Town Council’s precedent and subsequent differential treatment of Israel, the question it must face is whether it regrets having flown the flag of Ukraine and now commits to flying the flag of no other nation than that of the United States. If the Town Council is now committed to a “no other nation’s flag” principle, the public deserves to know this (e.g., the Council couldpromptly and clearly express this position in The Vail Daily and on the Town Council’s website). Without such public clarity, its continuing decision to ban the flag of Israel(contrary to its own precedent established for the flag ofUkraine) can only be seen as having its basis in political and/or religious discrimination and prejudice. I urge you to reconsider the consequences of your starkly different treatment of the two countries, and to come clean on your policy so that the people who elected you to represent them know for certain what that policy is. Your prompt action on this request is appreciated and could affect possible future plans to broaden the public campaign in opposition to the Council’s current position. Most Sincerely, Heidi Fremont Troester From: Ken Wagner <kenlwagn@gmail.com> Sent: Friday, December 1, 2023 10:09 AM To: Amy Phillips <aphillips@avon.org> Subject: Israeli flag Mayor Phillips- In reaction to the Avon Town Council’s decision not to fly the flag of Israel in the roundabout at Avon Road and Benchmark Road, Rabbi Joel Newman wrote in his November 17, 2023 Vail Daily opinion piece: “The members of the Avon Town Council might want to note that the United States government is supporting the right for Israel to defend itself. Flying the flag of Israel states that the town of Avon stands for a country that is at war against terrorism. How can support of that premise possibly be a question?” Of course, the Town Council’s decision was made in the aftermath of having flown the flag of Ukraine in the very same roundabout. That decision set a noticeably clear precedent that the Town Council would proudly fly the flag of any nation that is attacked, brutalized or invaded without provocation. Israel is certainly a nation that fits this description, having sustained the death of 1400 of its innocent civilians in Hamas’s savage incursion of October 7. Additionally, to the extent that any member of the Town Council is of the opinion that this is a religious war, note that the U.S. government has not classified this as such and nor should the Avon Town Council. It is, as Rabbi Newman indicated, “…a war waged by a sovereign state in the Middle East clearly defending itself and responding to a terror attack by Hamas,” which of course, is the governing authority in Gaza. To underscore that support for Israel is not necessarily religious in nature, please note that many non-Jews, like us, view flying the Israeli flag as an affirmation of basic human values in the face of a horrific terrorist attack that specifically targeted innocent civilians, including infants, children and the elderly. The Israeli flag was flown immediately after 0ctober 7th in cities throughout Germany as an expression of those values. Considering the Town Council’s precedent and subsequent differential treatment of Israel, the question it must face is whether it regrets having flown the flag of Ukraine and now commits to flying the flag of no other nation than that of the United States. If the Town Council is now committed to a “no other nation’s flag” principle, the public deserves to know this (e.g., the Council could promptly and clearly express this position in The Vail Daily and on the Town Council’s website). Without such public clarity, its continuing decision to ban the flag of Israel (contrary to its own precedent established for the flag of Ukraine) can only be seen as having its basis in political and/or religious discrimination and prejudice. We urge you to reconsider the consequences of your starkly different treatment of the two countries, and to come clean on your policy so that the people who elected you to represent them know for certain what that policy is. Your prompt action on this request is appreciated and could affect possible future plans to broaden the public campaign in opposition to the Council’s current position. Thank you for your consideration. Ken and Meg Wagner Edwards, Colorado From: Alan Rubin <alanmrubin@gmail.com> Sent: Friday, December 1, 2023 1:24 PM To: Amy Phillips <aphillips@avon.org> Subject: Fly the flag of Israel Dear Mayor Phillips, In reaction to the Avon Town Council’s decision not to fly the flag of Israel in the roundabout at Avon Road and Benchmark Road, Rabbi Joel Newman wrote in his November 17, 2023 Vail Daily opinion piece: “The members of the Avon Town Council might want to note that the United States government is supporting the right for Israel to defend itself. Flying the flag of Israel states that the town of Avon stands for a country that is at war against terrorism. How can support of that premise possibly be a question?” Of course, the Town Council’s decision was made in the aftermath of having flown the flag of Ukraine in the very same roundabout. That decision set a noticeably clear precedent that the Town Council would proudly fly the flag of any nation that is attacked, brutalized or invaded without provocation. Israel is certainly a nation that fits this description, having sustained the death of 1400 of its innocent civilians in Hamas’s savage incursion of October 7. Additionally, to the extent that any member of the Town Council is of the opinion that this is a religious war, note that the U.S. government has not classified this as such and nor should the Avon Town Council. It is, as Rabbi Newman indicated, “…a war waged by a sovereign state in the Middle East clearly defending itself and responding to a terror attack by Hamas,” which of course, is the governing authority in Gaza. Considering the Town Council’s precedent and subsequent differential treatment of Israel, the question it must face is whether it regrets having flown the flag of Ukraine and now commits to flying the flag of no other nation than that of the United States. If the Town Council is now committed to a “no other nation’s flag” principle, the public deserves to know this (e.g., the Council could promptly and clearly express this position in The Vail Daily and on the Town Council’s website). Without such public clarity, its continuing decision to ban the flag of Israel (contrary to its own precedent established for the flag of Ukraine) can only be seen as having its basis in political and/or religious discrimination and prejudice. I urge you to reconsider the consequences of your starkly different treatment of the two countries, and to come clean on your policy so that the people who elected you to represent them know for certain what that policy is. Your prompt action on this request is appreciated and could affect possible future plans to broaden the public campaign in opposition to the Council’s current position. Sincerely, Alan M. Rubin, Ph.D. From: Steven Wellins <president@bnaivail.org> Sent: Saturday, December 2, 2023 3:03 PM To: Ineke de Jong <idejong@avon.org>; Patty McKenny <pmckenny@avon.org>; Eric Heil <eheil@avon.org> Cc: Newman Joel <rabbi@bnaivail.org>; Michael Mossman <mimossman53@gmail.com>; Michelle Cohn Levy <cantor@bnaivail.org>; Ralph Merritt, Jr <ralph@cpg.info> Subject: Letter for the Town Council Meeting 12 12 2023 Dear Inked, Patty, and Eric, Please accept this letter as my formal request to have it included in the Avon Town Council agenda packet for December 12, 2023. In addition, I am requesting to be heard during the public comment portion of the meeting and would like to ask for an additional minute to complete my comments. Should you have any question or would like additional information, I can be reached via my cell phone 954-260-8874 or via email at President@bnaivail.org. Thank you Steven A. Wellins President@bnaivail.org 954-260-8874 The email attachment that is labeled “Town of Avon Letter 12 2 2023” can be viewed on the next 3 pages December 2, 2023 Ineke De Jong General Government Manager Town of Avon, Colorado Town Hall 100 Mikaela Way Avon, CO 81620 I am submitting this letter to the Town Council and formally asking to be added to the public comment list for the upcoming December 12, 2023, Town of Avon Council meeting. It is my understanding that public comments are limited to 3 minutes, but I respectfully ask that an additional minute be provided for my comments. Please confirm receipt of the letter and that I have been added to the public comment portion of the meeting. Sincerely, Steven A. Wellins President – B’nai Vail Congregation December 2, 2023 The Honorable Mayor Amy Phillips & The Avon Town Council Town Hall 100 Mikaela Way Avon, CO 81620 Dear Mayor Phillips and Members of the Town Council My name is Steven Wellins, and I am the current President of the B’nai Vail Congregation. It is with a heavy heart that I find the necessity to submit this letter in support of the State of Israel. On October 7, 2023, Jews in the Vail Valley and around the world woke up to the atrocities unfolding in Israel after being attacked by the terrorist organization Hamas. As Jews, our worst fears were once again front and center for the world to bear witness. Since the holocaust, Jews have promised to “Never Again” allow anyone to jeopardize our safety, our sovereignty, or our freedom to live in peace. As a result of the attacks, the global Jewish community banded together to mobilize a global effort to provide the necessary assistance Israelis needed to survive the days to come. Hamas murdered 1400 people and kidnapped hundreds of men, women, and children who only dreamed of living in peace. Locally, our Jewish community mobilized support for the State of Israel raising money to acquire motorcycle ambulances, medical supplies, and necessary supplies the IDF needed to defend the sovereignty of the State of Israel. This time was different. Our children have also been forever affected by this attack. They have been subjected to antisemitism, threats, and violence on college campuses throughout the US and the world. Jewish kids have been forced to miss classes, lock themselves in buildings, and beg their schools to protect them. Imagine the fear our kids are facing daily, and they are looking to the leaders of their schools, communities, and public officials to help them make sense of this madness. Given what has happened, imagine our shock when we learned the Avon Town Council had the opportunity to stand with our community but failed to do so. Your comments and the decision of the Town Council to pass on the opportunity to stand in solidarity with us struck a raw nerve in our community and we are hurting. We have been an instrumental part of this community for almost 50 years, and we have supported Avon and the Vail Valley from very beginning. Maybe we should have been more focused on bringing this issue to the Town Council earlier but honestly, we had tears in our eyes, pain in our hearts, and we were singular focused on helping Israelis survive the darkest of days. “Never Again” is what we said after the Holocaust, and “Never Again” is what we still believe today. The council raised the Ukrainian flag in solidarity with Ukraine after the invasion by Russia, and you raise the LBGQT+ flag during pride month, but apparently supporting Israel was a bridge too far for the Town Council? We ask why? We sincerely hope you realize how vulnerable we feel and how much we needed the support of our community during this time. Our community is hurting, and we hoped you would have recognized the moment and stood with us when we needed you. Moving forward we hope the Avon Town Council will review its Flag policy and be more mindful in the future. In our hearts we hope the refusal to fly the Israeli flag was not an act of antisemitism by this tribunal. The US government strongly supports both the Ukraine and Israel recognizing that both Democracies are fighting for their survival. Flying one flag and not the other sent a chilling message to supporters of Israel, both Jewish and non-Jewish in the Valley. Rather than remaining silent on this issue we think the best course of action would be a transparent letter to the editor acknowledging the misstep and addressing the Council’s Flag policy in the future. Thank you and I stand ready to discuss the matter further at any time. Sincerely, Steven A. Wellins President, B’nai Vail Congregation President@bnaivail.org 954-260-8874 From: Julia Knight <julia@juliaknight.net> Sent: Monday, December 4, 2023 12:38 PM To: Amy Phillips <aphillips@avon.org> Subject: The. Your decision regarding the Israeli flag. Mayor Phillips- As an Edwards resident and property owner, in reaction to the Avon Town Council’s decision not to fly the flag of Israel in the roundabout at Avon Road and Benchmark Road, Rabbi Joel Newman wrote in his November 17, 2023 Vail Daily opinion piece: “The members of the Avon Town Council might want to note that the United States government is supporting the right for Israel to defend itself. Flying the flag of Israel states that the town of Avon stands for a country that is at war against terrorism. How can support of that premise possibly be a question?” Of course, the Town Council’s decision was made in the aftermath of having flown the flag of Ukraine in the very same roundabout. That decision set a noticeably clear precedent that the Town Council would proudly fly the flag of any nation that is attacked, brutalized or invaded without provocation. Israel is certainly a nation that fits this description, having sustained the death of 1400 of its innocent civilians in Hamas’s savage incursion of October 7. Additionally, to the extent that any member of the Town Council is of the opinion that this is a religious war, note that the U.S. government has not classified this as such and nor should the Avon Town Council. It is, as Rabbi Newman indicated, “…a war waged by a sovereign state in the Middle East clearly defending itself and responding to a terror attack by Hamas,” which of course, is the governing authority in Gaza. Considering the Town Council’s precedent and subsequent differential treatment of Israel, the question it must face is whether it regrets having flown the flag of Ukraine and now commits to flying the flag of no other nation than that of the United States. If the Town Council is now committed to a “no other nation’s flag” principle, the public deserves to know this (e.g., the Council could promptly and clearly express this position in The Vail Daily and on the Town Council’s website). Without such public clarity, its continuing decision to ban the flag of Israel (contrary to its own precedent established for the flag of Ukraine) can only be seen as having its basis in political and/or religious discrimination and prejudice. I urge you to reconsider the consequences of your starkly different treatment of the two countries, and to come clean on your policy so that the people who elected you to represent them know for certain what that policy is. Your prompt action on this request is appreciated and could affect possible future plans to broaden the public campaign in opposition to the Council’s current position. Sincerely, Julia Knight From: Ellen Keszler <ellen.keszler@clearskyassociates.com> Sent: Monday, December 4, 2023 6:40 PM To: Amy Phillips <aphillips@avon.org> Subject: Israel vs Ukraine Flag decision Mayor Phillips- In reaction to the Avon Town Council’s decision not to fly the flag of Israel in the roundabout at Avon Road and Benchmark Road, Rabbi Joel Newman wrote in his November 17, 2023 Vail Daily opinion piece: “The members of the Avon Town Council might want to note that the United States government is supporting the right for Israel to defend itself. Flying the flag of Israel states that the town of Avon stands for a country that is at war against terrorism. How can support of that premise possibly be a question?” Of course, the Town Council’s decision was made in the aftermath of having flown the flag of Ukraine in the very same roundabout. That decision set a noticeably clear precedent that the Town Council would proudly fly the flag of any nation that is attacked, brutalized or invaded without provocation. Israel is certainly a nation that fits this description, having sustained the death of 1400 of its innocent civilians in Hamas’s savage incursion of October 7. Additionally, to the extent that any member of the Town Council is of the opinion that this is a religious war, note that the U.S. government has not classified this as such and nor should the Avon Town Council. It is, as Rabbi Newman indicated, “…a war waged by a sovereign state in the Middle East clearly defending itself and responding to a terror attack by Hamas,” which of course, is the governing authority in Gaza. Considering the Town Council’s precedent and subsequent differential treatment of Israel, the question it must face is whether it regrets having flown the flag of Ukraine and now commits to flying the flag of no other nation than that of the United States. If the Town Council is now committed to a “no other nation’s flag” principle, the public deserves to know this (e.g., the Council could promptly and clearly express this position in The Vail Daily and on the Town Council’s website). Without such public clarity, its continuing decision to ban the flag of Israel (contrary to its own precedent established for the flag of Ukraine) can only be seen as having its basis in political and/or religious discrimination and prejudice. I urge you to reconsider the consequences of your starkly different treatment of the two countries, and to come clean on your policy so that the people who elected you to represent them know for certain what that policy is. Your prompt action on this request is appreciated and could affect possible future plans to broaden the public campaign in opposition to the Council’s current position. Ellen Keszler 94 Knudson Ranch Rd, Edwards CO 81632 PO Box 2775 Avon, CO 81620 From: Mimi Pockross <mimip03@comcast.net> Sent: Tuesday, December 5, 2023 7:14 AM To: Amy Phillips <aphillips@avon.org> Subject: The Israeli Flag Controversy Dear Mayor Phillips, I do not live in Avon. I am a permanent resident of West Vail. My family has had homes here since 1996. I also am also a longtime member of Bnai Vail. A friend forwarded the details of the current controversy regarding the dissatisfaction by some over the omission of raising the Israeli flag to show support for the distressful October 7th massacre. I grew up in an Illinois community where, when I first moved there, there were few Jews and at Christmas time, a creche was placed in front of City Hall. But then a lot of Jewish people moved into town and complained about the creche and ultimately it was removed from the scene. When it was a tiny homogeneous community, the residents had no problem with the display, but when the community population developed a more diverse population, it became more of a problem to accommodate the different groups’ preferences. Now that the Avon population has become more diverse, I can certainly see how the divisive thought about the Israeli war has a similar problem that my little Illinois village had many years ago. I suggest that the city council take down all flags other than the Avon flag, the Colorado flag and the United States flag. I just think that the city council should stay out of politics as much as possible. Thank you. Mimi Pockross A West Vail Citizen From: Jewish Vail <info@jewishvail.com> Sent: Tuesday, December 5, 2023 9:47 AM To: Ineke de Jong <idejong@avon.org> Subject: Letter for Town Council Meeting Hi Ineke, Hope all is well. Please see the letter below, which was submitted to the Vail Daily, for inclusion in the Town Council packet for the upcoming meeting. Thank you very much, Rabbi Dovid Mintz JCC Chabad Vail - To the Editor, I write to express my views on the recent proposal to fly an Israeli flag in Avon, echoing the town’s support for various causes. While I appreciate the intent, it’s crucial to consider the diverse population of Israel, which includes about 20 percent Muslim Arabs. Israel, despite some religious references in its founding declarations, is not a religious state, as many Israelis identify culturally and ethnically rather than religiously. Moreover, the recent horrific terrorist attack on Oct. 7 by Hamas, claiming the lives of over 1,200 individuals, highlights the urgent need for solidarity against terrorism. Members of Hamas murdered Jews, Muslims, and Thai migrant workers, among others, emphasizing the indiscriminate nature of terrorism. In this context, flying the Israeli flag would not just signify support for Israel but also a condemnation of terrorism. Avon has previously flown flags in support of Ukraine, aligning itself with international issues. Given the global rise in antisemitism, it’s crucial for Avon to demonstrate solidarity with its Jewish community. Jews, like any other community, deserve to see support in the face of hatred, bigotry and adversity. In making such decisions, it’s important to differentiate between expressing support for a nation and endorsing religious doctrines. Israel’s diverse population and the shared condemnation of terrorism should guide Avon’s decision to fly the Israeli flag, fostering unity rather than division. Rabbi Dovid Mintz Vail Chabad Jewish Center From: Patrick Baldasare <pbaldasare@gmail.com> Sent: Friday, December 8, 2023 11:11 AM To: Amy Phillips <aphillips@avon.org> Cc: Russell Andrade <randrade@avon.org>; Chico Thuon <cthuon@avon.org>; Tamra Underwood <tunderwood@avon.org>; Lindsay Hardy <lhardy@avon.org>; Council Everyone Group <council@avon.org>; Ruth Stanley <rstanley@avon.org>; Rich Carroll <rcarroll@avon.org> Subject: Re: The Town of Avon's decision not to fly the flag of Israel Thank you so much for your prompt and thoughtful response. Any yes, please feel free to make all of my emails (including this one) public statements and share them with the Town Council. I have thought about the predicament that you might be in given the widespread attention that this issue has received, and the fact that you are without a Town Attorney. I'd like to underscore the fact that while we would be delighted if the Town of Avon were to fly the flag of Israel, a public statement asserting that you will not fly the flags of other entities other than those of the U.S., Colorado and Avon, would be a totally understandable and acceptable position. Having established this position, the Town of Avon, would no longer have to debate future requests and would not be faced with having to manage collateral ramifications. Is this a position that you could take quickly? I know that many of us remain concerned about continuing uncertainty caused by long delays to resolve this matter. This approach could be a low impact way to put this behind us so that you and we can move on to other pressing issues. Thanks again for your quick response. I look forward to hearing from you soon. Thanks again. Sincerely, Patrick Baldasare (970) 748-4055 predmond@avon.org TO: Mayor Amy Phillips and Town Council Members FROM: Paul Redmond, Town of Avon Finance Director RE: 2024 Proposed Budget for Downtown Development Authority DATE: December 7, 2023 SUMMARY: The 2024 Budget for the Avon Downtown Development Authority (“Avon DDA”) is presented to the Council for review and adoption. The Avon Downtown Development Authority Board approved this budget with the adoption of Resolution 23-01 at the Avon Downtown Development Authority’s Board meeting on December 4, 2023. BACKGROUND: The Avon DDA is considered a separate legal entity from the Town authorized by Colorado State Statutes 31-25-801. The Avon DDA is required to adopt a budget each fiscal year (C.R.S. §31-25-816). In addition, the Local Government Budget Law of Colorado requires every local government to adopt a budget each year. Avon’s Municipal Code sets forth duties of the DDA and also requires Town Council approval of budgets and plan developments, noted below. TITLE 4 - Avon Downtown Development Authority[1] Chapter 4.12 - Duties The DDA Board shall have the following duties: 4.12.010 - Review and approval authority. (1) DDA Plan. The DDA Board shall review and adopt a DDA Plan, which shall be subject to concurring Council approval. (2) DDA Budget. The DDA Board shall review and adopt the annual DDA budget, and any revisions thereto, which shall be subject to concurring Council approval. (3) Plan of Development Area. The DDA Board shall review any Plan of Development Area and shall provide recommendations to the Council on the adoption of any Plan of Development Area. (Ord. No. 23-02 , § 6(Exh. C)) FINANCIAL: The proposed 2024 Budget Fund Summary is attached as an exhibit to this memorandum. Note the summary is also included for informational purposes in the Town of Avon’s budget summary as a component unit of the Town. We do not have any decent estimate of revenues that may be generated by the Avon DDA and we do not have any identified or planned expenditures. The proposed revenues of $100,000 and proposed miscellaneous expenditures of $10,000 are purely placeholders for the purpose of adopting a budget for 2024 and complying with Colorado law. We are coordinating with the Eagle County Assessor with regard to implementation of the tax increment financing provisions. It appears that the Avon DDA may capture a significant majority of the increased valuation of new construction from the dual brand hotel and Maverick gas station, so we are optimistic that the actual revenues in 2024 will be excess of $100,000. Local government budget law allows for amendments of the budget after conducting a public hearing. We expect that we will propose budget amendments in 2024, probably in the 3rd quarter, when we have a more accurate idea of the actual revenues. RECOMMENDATION: Staff recommends Council adopt the Resolution as presented. Page 2 of 2 TOWN MANAGER RECOMMENDATION OR COMMENTS: At the next Avon DDA Board of Directors meeting, we will bring an agreement to rebate or share back any tax increment captured by the Avon Station, Confluence and Village Metropolitan Districts. This arrangement is consistent with the current arrangement with the Avon Urban Renewal Authority for Avon Station and Confluence Metropolitan Districts. PROPOSED MOTION: “I move to approve Resolution 23-32 adopting the proposed 2024 Budget for the Avon Downtown Development Authority.” ATTACHMENTS: Attachment A - Resolution No. 23-32 Adopting 2024 Budget Attachment B – Avon DDA Resolution No. 23-01 Adopting 2024 Budget Attachment C – Avon Downtown Development Authority Fund Summary Thank you, Paul Avon Downtown Development Authority Resolution No. 23-32 – Adopting 2024 Budget December 4, 2023 Page 1 of 1 RESOLUTION 23-32 ADOPTING THE AVON DOWNTOWN DEVELOPMENT AUTHORITY 2024 BUDGET WHEREAS, the Avon DDA is considered a separate legal entity from the Town authorized by Colorado State Statutes 31-25-801 and was formed as the result of a Special Election held August 29, 2023; and WHEREAS, the Avon DDA is required to adopt a budget each fiscal year (C.R.S. §31-25-816) as required by Local Government Budget Law of Colorado; and WHEREAS, Avon’s Municipal Code sets forth duties of the DDA and requires Town Council approval of budgets and plan developments as outlined in TITLE 4 - Avon Downtown Development Authority; and WHEREAS, the Board of Directors of the Avon Downtown Development Authority adopted the 2024 Budget at its December 4, 2023, meeting; and WHEREAS, the notice of a public hearing has been properly posted at official posting locations for December 12, 2023 and the proposed 2024 Downtown Development Authority Budget is presented to the Avon Town Council for adoption; 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 Avon Downtown Development Authority Fund is presented as follows for 2024: 2024Budget Avon Downtown Development Authority Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 0 100,000 10,000 Ending Fund Balance $ 90,000 ADOPTED DECEMBER 12, 2023 BY THE AVON TOWN COUNCIL. By:______________________________ Attest:____________________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT A I\ Avon AVON DOWNTOWN DEVELOPMENT AUTHORITY RESOLUTION 23-01 ADOPTING THE 2024 BUDGET WHEREAS, the Board of Directors of the Avon Downtown Development Authority hasdirected the Authority's Executive Director to prepare and submit a proposed budget for its consideration; and WHEREAS, the proposed 2024 Budget has been presented to the Board and notices of a publichearing has been property posted for 3pm on December 4, 2023; and WHEREAS, whatever increases may have been made in the expenditures, like increases wereadded 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 A VON URBAN RENEWAL AUTHORITY that the Board of Directors of the Avon Downtown Development Authority hereby adopt the following 2024 budget: Avon Downtown Development Authority Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ $ 2024 Budget 0 100,000 10.000 90.000 ADOPTED DECEMBER 4, 2023 by the A VON DOWNTOWN DEVELOPMENT AUTHORITY BOARD OF DIRECTORS. �==-r,-7 Q. � By:_�---�-------­To Emrick, Chairman Avon Downtown Development Authority Resolution No. 23-01 -Adopting 2024 Budget December 4, 2023 Page 1 of 1 Attest:/ L/4---.____ 5.'ri��cretary ATTACHMENT B Proposed Budget 2024REVENUES Taxes 100,000$ Total Operating Revenues 100,000 TOTAL REVENUES 100,000 EXPENDITURES Current: Treasurer Fees 1,000 Misc Expense 9,000 Total Operating Expenditures 10,000 TOTAL EXPENDITURES 10,000 NET SOURCE (USE) OF FUNDS 90,000 FUND BALANCES, Beginning of Year - FUND BALANCES, End of Year 90,000$ Fund Summary Avon Downtown Development Authority ATTACHMENT C (970) 748-4088 predmond@avon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Paul Redmond, Finance Director Eric Heil, Town Manager RE: 2023 Final Revised Budget and 2024 Proposed Budget DATE: December 12, 2023 SUMMARY: This report is presented to Council for review and adoption of the final revised 2023 operating, community housing, water and capital projects fund budgets, adoption of the proposed 2024 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. BACKGROUND: As required by Town Charter, Public Hearings have previously been held regarding the proposed 2024 budget on October 17 and November 14, 2023. On December 12, 2023 a final public hearing will be held for members of the public to comment on the proposed 2024 budget, as well as the final supplemental amendment to the 2023 budget. The local government budgets must be adopted by December 15, and filed with the Division of Local Governments no later than January 31. BUDGET HIGHLIGHTS: 2023 Final Revised Budgets Resolutions No. 23-26 and 23-27 present the Town’s final revised operating budgets and capital project fund budget for 2023 and are submitted for adoption by the Avon Town Council. Below is a summary of the proposed budget revisions and the estimated impacts to fund balance. General Fund Expense: A total increase of $86,407 is proposed to the General Fund to implement pending programs, respond to changed circumstances, and include expenditures with were not identified and included during the 2023 Budget process last fall. The following are proposed revisions to expenditure appropriations in the General Fund. 1. Water Slide Repairs: Increase of $12,000 to resurface the water slide stairs and repair the ADA pool lift at the Avon Recreation Center. 2. Bus Shelter: Increase of $17,000 to install an extra bus shelter at the Christy Sports Bus stop. 3. Employee Recognition: Increase of $15,500 for Holiday Gifts for Town of Avon Staff. 4. Local Government Holiday Gathering: Increase of $12,000 for hosting the annual Local Government Holiday Gathering. 5. Council Chambers AV Boxes: Increase of $1,560 to purchase and repair the AV Boxes in the Town of Avon Council Chambers. 6. Annual Thanksgiving Turkey Tort Race: Increase of $2,000 for hosting the 2023 Turkey Trot Race. The Town has volunteered to host the race for 2023 in Nottingham. Collaborating with the Vail Valley Foundation and Youth Power 365, the Town has agreed to donate 25% of the total proceeds to Youth Power 365. (970) 748-4088 predmond@avon.org 7. Childcare Sustainability Grant: Increase of $3,326.93 to program supplies as the Town received a bonus grant amount of $14,326.93 from the Childcare Sustainability Grant that was issued in 2022.   8. Signage for Paid Parking:  Increase of $23,020 for the installation of signage for paid parking to include QR code and text to park information.    General Fund Revenue Increases: The following are proposed revisions to revenue estimates:  Increase of $8,000 for Recreation Center Adult Program fees. The Town anticipates $8,000 in additional revenue for hosting the Annual Turkey Trot Race.  Increase of $14,326.93 for the Childcare Sustainability Grant.  Increase of $1,020,000 to Interest Earnings as ColoTrust has been receiving close 5% interest on the Towns investments. Capital Projects Fund: The changes to the Capital Project Fund are as follows:  Net additions to project budgets total $40,000. Project budget increases include the following: o $40,000 for the purchase of furniture for the Finance Department and Recreation Center Lobby. Community Housing Fund: Increase of $6,200 for a new contract with Sustainable Strategies. Sustainable Strategies is a grant advocacy and administrative services. The cost will be applied to housing related grant opportunities and fund. Water Fund: Increase of $10,000 for the ongoing water related legal fees. 2024 Proposed Budgets Resolutions No. 23-28 and 23-29 present the Town’s proposed operating budgets and capital project fund budgets and long-range capital improvements program for 2024 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 September 19, October 14 and subsequent public hearings on October 24 and November 14. Final revisions to the 2024 proposed budgets based on discussion and feedback subsequent to these hearings are identified and described as follows: General Fund  Decrease in the Sustainability Carpooling program by $10,000.  In addition to the above revisions, one further change not reflected in the original 2024 proposed budget has a reduction in personnel benefit costs of approximately $207,755 resulting from a reduction in the group health insurance stop loss premium renewal. We previously projected a 15% increase and the actual renewals came in at an increase of 7%. The reduction in personnel benefit costs also reduced this expense in the following funds: (970) 748-4088 predmond@avon.org o Water Fund - $457oMobility Enterprise Fund - $10,743 o Fleet Maintenance Fund - $18,542 Capital Projects Fund Increased revenues in the amount of $1,000,000 for the Avon Downtown Improvements projectfor a grant from DOLA (Revitalize Main Street). 2023 Property Tax Mill Levies Resolutions No. 23-30 and 23-31 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, no change from the previous year According to State Statute, because the Town levies a property tax, the budget must be adopted by December 15, and filed with the Division of Local Governments no later than January 31. This budget meets this and all other legal requirements for submission. RECOMMENDATION: Staff recommends Council adopt the resolutions discussed above as presented. TOWN MANAGER RECOMMENDATION OR COMMENTS: PROPOSED MOTION: “I move to approve Resolutions 23-26 through 23-31 as listed on the Town Council meeting agenda for December 12, 2023, adopting the final revised 2023 operating funds and capital projects fund budgets, adopting the proposed 2024 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. 23-26 Attachment B - Resolution No. 23-27 Attachment C - Resolution No. 23-28 Attachment D - Resolution No. 23-29 Attachment E - Resolution No. 23-30 Attachment F - Resolution No. 23-31 Attachment G - Financial Overview, Total All Funds Attachment H - Financial Overview, Total by Fund Attachment I - Long-range Capital Plan Thank you, Paul Resolution No. 23-26 December 12, 2023 Page 1 of 3 RESOLUTION NO. 23-26 AMENDING THE 2023 TOWN OF AVON OPERATING FUND BUDGETS WHEREAS, the Town Council of the Town of Avon has previously adopted the 2023 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for all operating funds for 2023; and WHEREAS, the Town Council finds it necessary to amend the 2023 budget to more accurately reflect the revenues and expenditures for 2023; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, the proposed supplemental amendment to the 2023 budget was open for inspection by the public at a designated place, a public hearing was held on December 12, 2023 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 2023: Original or Previously Amended 2023 Budget Current Proposed Amended 2023 Budget General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 20,311,855 24,796,582 26,260,421 $ 20,311,855 25,856,807 26,743,751 Ending Fund Balance $ 18,848,016 $ 19,424,911 Original or Previously Amended Current Proposed Amended ATTACHMENT A Resolution No. 23-26 December 12, 2023 Page 2 of 3 Original or Previously Amended 2023 Budget Current Proposed Amended 2023 Budget Community Enhancement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 301,421 82,000 140,000 $ 377,774 82,000 140,000 Ending Fund Balance $ 243,421 $ 319,774 Water Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 1,008,885 762,000 1,295,316 $ 1,008,885 762,000 1,307,816 Ending Fund Balance $ 475,569 $ 463,069 Community Housing Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 1,628,440 1,836,352 2,295,493 $ 1,628,440 1,836,362 2,295,493 Ending Fund Balance $ 1,169,299 $ 1,169,299 Exterior Energy Offset Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 198,222 25,000 41,000 $ 212,282 25,000 41,000 Ending Fund Balance $ 182,222 $ 196,282 Disposable Paper Bag Fee Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 168,009 55,000 140,407 $ 168,009 55,000 140,407 Ending Fund Balance $ 82,602 $ 102,151 Debt Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 35,942 963,142 963,142 $ 35,942 963,142 963,142 Ending Fund Balance $ 35,942 $ 35,942 ATTACHMENT A Resolution No. 23-26 December 12, 2023 Page 3 of 3 Mobility Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Original or Previously Amended 2023 Budget $ 1,382,370 3,097,344 3,780,660 Current Proposed Amended 2023 Budget $ 1,382,370 3,098,344 3,830,882 Ending Fund Balance $ 699,054 $ 649,832 Fleet Maintenance Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 532,448 2,375,514 3,000,082 $ 532,448 3,043,030 3,066,632 Ending Fund Balance $ 506,646 $ 508,846 Equipment Replacement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 4,257,684 1,989,757 2,512,988 $ 4,257,684 1,989,757 2,512,988 Ending Fund Balance $ 3,734,453 $ 3,734,453 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 12, 2023 by the AVON TOWN COUNCIL By:______________________________ Attest:_____________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT A Resolution No. 23-27 December 12, 2023 Page 1 of 2 RESOLUTION NO. 23-27 AMENDING THE 2023 TOWN OF AVON CAPITAL PROJECTS FUND BUDGET WHEREAS, the Town Council of the Town of Avon has previously adopted the 2023 Capital Projects Fund budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for 2023; and WHEREAS, the Town Council finds it necessary to amend the 2023 Capital Projects Fund budget to more accurately reflect the revenues and expenditures for 2023; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, the proposed supplemental amendment to the 2023 budget was open for inspection by the public at a designated place, a public hearing was held on December 12, 2023, 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 2023: Original orPreviously Amended 2023 Budget Current Proposed Amended 2023 Budget Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 14,018,774 10,687,330 23,002,937 $ 13,714,320 10,687,330 21,797,937 Ending Fund Balance $ 1,733,167 $ 2,908,167 ATTACHMENT B Resolution No. 23-27 December 12, 2023 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, 2023, by the AVON TOWN COUNCIL By:______________________________ Attest:_____________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT B Resolution No. 23-28 December 12, 2023 Page 1 of 3 RESOLUTION NO. 23-28 ADOPTING THE 2024 TOWN OF AVON OPERATING BUDGET 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 October 24, November 14, and December 12, 2023, 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 2024: 2024 Proposed Budget General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 19,424,911 28,256,814 28,039,059 Ending Fund Balance $ 19,642,666 Community Enhancement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 319,774 90,000 120,000 Ending Fund Balance $ 289,774 ATTACHMENT C Resolution No. 23-28 December 12, 2023 Page 2 of 3 Water Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses 2024 Proposed Budget $ 463,069 522,000 613,777 Ending Fund Balance $ 371,292 Community Housing Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 1,169,299 1,815,514 2,871,000 Ending Fund Balance $ 113,813 Exterior Energy Offset Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 196,282 25,000 40,000 Ending Fund Balance $ 181,282 Disposable Paper Bag Fee Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 82,602 25,000 45,440 Ending Fund Balance $ 62,162 Debt Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 35,941 962,124 962,124 Ending Fund Balance $ 35,941 Mobility Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 649,832 3,391,021 3,845,888 Ending Fund Balance $ 194,965 ATTACHMENT C Resolution No. 23-28 December 12, 2023 Page 3 of 3 2024 Proposed Budget Fleet Maintenance Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 508,846 2,199,596 2,180,493 Ending Fund Balance $ 527,949 Equipment Replacement Internal Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 4,257,684 1,976,297 722,194 Ending Fund Balance $ 5,511,787 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 12, 2023 by the AVON TOWN COUNCIL By:______________________________ Attest:_____________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT C Resolution No. 23-29 December 12, 2023 Page 1 of 2 RESOLUTION NO. 23-29 ADOPTING THE TOWN OF AVON LONG-RANGE CAPITAL PROGRAM AND SIMULTANEOUSLY ADOPT THE 2024 CAPITAL PROJECTS FUND BUDGET 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 October 24, November 14, and December 12, 2023, 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 2024: 2024 Proposed ATTACHMENT D Resolution No. 23-29 December 12, 2023 Page 2 of 2 Budget Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 2,908,167 13,750,000 9,839,284 Ending Fund Balance $ 6,818,883 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 12, 2023 by the AVON TOWN COUNCIL By:_____________________________ Attest:_____________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT D Resolution No. 22-30 December 13, 2022 Page 1 of 1 RESOLUTION 23-30 LEVYING GENERAL PROPERTY TAXES FOR THE TOWN OF AVON FOR THE 2024 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 12, 2023; and WHEREAS, the amount of money necessary to balance the budget for general operating purposes from property tax revenue is $2,961,699; and WHEREAS, the 2023 net total assessed valuation for the Town of Avon, as certified by the County Assessor is $330,694,450. 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 2023 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 2023. 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 12, 2023 by the AVON TOWN COUNCIL By:______________________________ Attest:_____________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT E Resolution No. 23-31 December 12, 2023 Page 1 of 2 RESOLUTION NO. 23-31 LEVYING GENERAL PROPERTY TAXES FOR THE AVON GENERAL IMPROVEMENT DISTRICT NO.1 FOR THE 2024 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 12, 2023; and WHEREAS, the estimated cost of providing transportation and recreation services to and within the District is $70,135; and WHEREAS, the 2023 net total assessed valuation for the property included in the District as certified by the County Assessor is $4,618,440. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON: Section 1. That for the purpose of providing transportation and recreation services to and within the District during the 2024 budget year there is levied a tax of 15.640 mills upon each dollar of the net total assessed valuation of all taxable property within the District for the year 2023. ATTACHMENT F Resolution No. 23-31 December 12, 2023 Page 2 of 2 Section 2. That the Mayor is hereby authorized and directed to certify to the County Commissioners of Eagle County, Colorado, the mill levies for the Town of Avon Local Improvement District No. 1 as hereinabove determined and set. ADOPTED December 12, 2023 by the AVON TOWN COUNCIL By:______________________________ Attest:____________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT F Final Original Revised Proposed Actual Budget Budget Budget 2022 2023 2023 2024 REVENUES Taxes 29,228,285$ 27,214,639$ 29,218,666 34,612,596$ Licenses and Permits 1,636,380 403,450 403,450 438,175 Intergovernmental 3,390,328 4,540,455 6,015,200 5,227,455 Charges for Services 5,909,905 6,503,663 6,573,413 5,851,987 Fines and Forfeitures 28,191 38,700 38,700 38,700 Investment Earnings 415,982 870,000 900,000 1,920,000 Other Revenue 1,127,827 760,389 768,801 728,111 Total Operating Revenues 41,736,898 40,331,296 43,918,230 48,817,024 Other Sources Sales of Fixed Assets 134,662 140,000 140,000 - Transfers-In From Other Funds 5,817,445 6,743,506 7,112,259 7,081,151 Total Other Sources 5,952,107 6,883,506 7,252,259 7,081,151 TOTAL REVENUES 47,689,005 47,214,802 51,170,489 55,898,175 EXPENDITURES General Government and Finance 6,807,714 9,596,237 9,403,418 7,791,727 Community Development 653,294 1,141,608 1,141,608 1,219,104 Public Safety 5,044,825 5,177,982 5,177,982 6,408,261 Public Works, Engineering and Utilities 6,084,870 8,320,706 8,408,206 8,190,273 Transportation and Fleet Maintenance 5,997,667 6,719,027 6,897,514 6,026,381 Recreation 2,018,510 2,692,863 2,692,863 3,061,455 Total Operating Expenditures 26,606,880 33,648,423 33,721,591 32,697,201 Debt Service 1,766,395 1,768,798 1,768,798 1,767,554 Capital Improvements and Equipment Replacement 5,638,574 16,878,487 20,812,031 10,300,607 Other Uses Transfers-Out To Other Funds 5,817,445 6,743,506 7,112,259 7,081,151 TOTAL EXPENDITURES 39,829,294 59,039,214 63,414,679 51,846,513 NET SOURCE (USE) OF FUNDS 7,859,711 (11,824,412) (12,244,190) 4,051,662 FUND BALANCES, Beginning of Year 36,167,332 36,020,165 41,204,318 30,227,242 FUND BALANCES, End of Year 44,027,043$ 24,195,753$ 28,960,128$ 34,278,904$ TOTAL - ALL FUNDS TOWN OF AVONFinancial Overview ATTACHMENT G Urban Avon Downtown Community General Renewal Development Authority Enhancement Water Fund Fund Fund Fund Fund REVENUE Taxes 22,096,752$ 2,784,809$ 100,000$-$ -$ Licenses and Permits 413,175 - - - - Intergovernmental 1,285,455 - - - - Charges for Services 1,845,745 - - - 522,000 Fines and Forfeitures 38,700 - - - - Investment Earnings 1,500,000 - - - - Other Revenue 458,500 - - 90,000 - Total Operating Revenues 27,638,327 2,784,809 100,000 90,000 522,000 Other Sources Sales of Fixed Assets - - - - - Transfers-In From Other Funds 618,487 - - - - TOTAL REVENUES 28,256,814 2,784,809 100,000 90,000 522,000 EXPENDITURES General Government, HR and Finance 7,678,287 58,000 10,000 - - Community Development 1,179,104 - - - - Public Safety 6,408,261 - - - - Public Operations, Engineering, Facilities 8,056,952 - - 20,000 113,321 Mobility and Fleet Maintenance - - - - - Recreation 3,061,455 - - - - Total Operating Expenditures 26,384,059 58,000 10,000 20,000 113,321 Debt Service - 749,710 - - - Capital Expenditures - -- - - Other Uses Transfers-Out To Other Funds 1,655,000 1,750,000 - 100,000 500,000 TOTAL EXPENDITURES 28,039,059 2,557,710 10,000 120,000 613,321 NET SOURCE (USE) OF FUNDS 217,755 227,099 90,000 (30,000) (91,321) FUND BALANCES, Beginning of Year 19,424,911 210,835 - 319,774 463,069 FUND BALANCES, End of Year 19,642,666$ 437,934$ 90,000$289,774$ 371,748$ Special Revenue Funds TOTAL - BY FUND TOWN OF AVONFinancial Overview ATTACHMENT H Debt Service Internal Fund Service Community Exterior Disposable Capital Housing Energy Offset Paper Bag Bond Projects Mobility Fleet Equipment Fund Fund Fee Fund Redemption Fund Fund Maintenance Replacement Total 1,060,900$ -$ -$ -$8,500,000$ 70,135$ -$ -$ 34,612,596$ -25,000 - -- -- - 438,175 216,000 - - - 2,600,000 1,126,000 - - 5,227,455 79,614 - - -- 349,275 1,851,594 1,203,759 5,851,987 -- - -- -- - 38,700 -- - - 300,000 -- 120,000 1,920,000 9,000 - 25,000 -- 145,611 - - 728,111 1,365,514 25,000 25,000 - 11,400,000 1,691,021 1,851,594 1,323,759 48,817,024 -- - -- -- - - 450,000 - - 962,124 2,350,000 1,700,000 348,002 652,538 7,081,151 1,815,514 25,000 25,000 962,124 13,750,000 3,391,021 2,199,596 1,976,297 55,898,175 -- 45,440 -- -- - 7,791,727 -40,000 - -- -- - 1,219,104 --- -- -- - 6,408,261 --- -- -- - 8,190,273 --- -- 3,845,888 2,180,493 - 6,026,381 --- -- -- - 3,061,455 -40,000 45,440 -- 3,845,888 2,180,493 - 32,697,201 -- - 962,124 55,720 -- - 1,767,554 2,871,000 - - - 6,707,413 -- 722,194 10,300,607 -- - - 3,076,151 -- - 7,081,151 2,871,000 40,000 45,440 962,124 9,839,284 3,845,888 2,180,493 722,194 51,846,513 (1,055,486) (15,000) (20,440) - 3,910,716 (454,867) 19,103 1,254,103 4,051,662 1,169,299 196,282 82,602 35,941 2,908,167 649,832 508,846 4,257,684 30,227,242 113,813$ 181,282$ 62,162$ 35,941$ 6,818,883$ 194,965$ 527,949$ 5,511,787$ 34,278,904$ 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 2022 2023 2023 2023 2024 2025 2026 2027 2028 REVENUES Real Estate Transfer Tax: Base Level 5,943,400$ 4,500,000$ 4,500,000$ 4,500,000$ 4,500,000$ 4,500,000$ 4,500,000$ 4,500,000$ 4,500,000$ Frontgate - - - - 1,300,000 675,000 - - - One RiverFront - - - - 2,700,000 - - - - McGrady Acres - - - - - 270,000 - - - Penalties and Interest 27,792 - - - - - - - - Interest Earnings (15,545) 300,000 300,000 300,000 300,000 200,000 150,000 100,000 75,000 Intergovernmental: Federal/State/County: Colorado Water Conservation Board - - 60,000 60,000 - - - - - American Recovery Plan Act - - 1,600,000 - - - - DOLA Irrigation Grant - - - - 1,000,000 - - - - CDOT Transit Grant - - - - 256,000 - - - - GOCO Grant (Eaglebend Playground)- - 375,000 375,000 - - - - - 2024 Charge Ahead Grant Fast (EV Charging Station)45,000 - - - 20,000 - - - - Eagle County Contribution (Hwy 6 Roundabout)- - 200,000 200,000 - - - - - CDOT Revitalize Main Street Grant (Hwy 6 Roundabout)- - 2,000,000 2,000,000 - - - - - Colorado Parks and Wildlife Grant - - 39,745 39,745 CDOT Multimodal Options Fund Grant (Hwy 6 Roundabout)- 2,200,000 1,000,000 1,000,000 - - - - - Other Revenues: Contributed Infrastructure & Improvements (McGrady Acres Park)248,507 - - - - - - - - Armored Rescue Vehicle (Community Contributions)- - - - 437,375 - - - - Nonclassified 705 - 3,500 3,500 - - - - - Total Operating Revenues 6,249,859 7,000,000 8,478,245 8,478,245 12,113,375 5,645,000 4,650,000 4,600,000 4,575,000 Other Sources: Transfers In - General Fund - Storage Facility 535,000 - - - - - - - - Transfers In - Avon URA - Tract G Projects 1,000,000 1,000,000 1,000,000 1,000,000 1,750,000 1,750,000 1,750,000 1,750,000 1,750,000 Transfers In - Community Enhancement Fund - Powerline Undergrounding/LED Rec Center - 120,000 120,000 120,000 100,000 - - - - Transfers In - Water Fund - Nottingham-Puder Ditch Piping 23,512 756,250 1,089,085 1,089,085 500,000 - - - - Transfers In - Equipment Replacement Fund - Water Slide 11,576 - - - - - - - - Total Other Sources 1,570,088 1,876,250 2,209,085 2,209,085 2,350,000 1,750,000 1,750,000 1,750,000 1,750,000 Total Revenues and Sources of Funds 7,819,947$ 8,876,250$ 10,687,330$ 10,687,330$ 14,463,375$ 7,395,000$ 6,400,000$ 6,350,000$ 6,325,000$ Projected ATTACHMENT I CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Current Final Original Revised Revised Proposed Audited Budget Budget Budget Budget 2022 2023 2023 2023 2024 2025 2026 2027 2028 Projected EXPENDITURES Capital Improvements: Facilities 2,117,461 3,911,000 5,373,044 5,443,044 1,682,000 50,000 - 270,000 - Parks and Open Space - - - - 1,195,238 1,421,520 1,145,138 40,000 40,000 Streets and Parking - - - - 2,070,175 5,230,000 1,858,955 3,034,000 40,000 Drainage - - - - 1,575,000 600,000 - - - Utility Projects 253,688 1,031,250 1,460,755 1,460,755 185,000 - - - - Land and Land Improvements 1,465,506 215,000 1,571,958 1,571,958 - - - - - Roads and Streets 848,579 8,924,748 10,414,147 9,169,147 - - - - - Planning and Consulting 31,544 175,000 318,456 318,456 - - - - - Communications and Technology 95,638 229,338 375,683 375,683 - - - - - Debt Service: Capital Leases: - 2017 Commerce Bank, Plow Truck, Electrician Lift Truck 55,720 55,720 55,720 55,720 55,720 - - - - Total Expenditures 4,868,136 14,542,056 19,569,763 18,394,763 6,763,133 7,301,520 3,004,093 3,344,000 80,000 Other Uses: Transfers Out - General Fund: - Engineering Department Salary and Benefits 494,593 600,473 600,473 600,473 618,487 618,487 637,042 656,153 675,837 Transfers Out - Community Housing Fund: - Mi Casa Program 597,699 734,871 734,871 734,871 450,000 450,000 450,000 450,000 450,000 Transfers Out - Debt Service Fund: - 2014B COPS (Street Improvements)319,119 321,544 321,544 321,544 318,666 320,637 317,304 318,820 320,033 - 2016 COPS (Public Safety Bldg.)448,375 447,475 447,475 447,475 447,475 449,325 448,225 446,425 448,225 - 2020 Refunding COPs 192,214 194,123 194,123 194,123 195,983 190,793 192,640 193,437 194,200 Transfers Out - Mobility Fund: - Diesel Buses (2)- 200,000 200,000 200,000 200,000 - - - - - Electric Buses (2)400,000 - - - - - - - - Transfers Out - Fleet Maintenance Fund: - 2020 COPs (Fleet Maintenance Bldg.)195,357 197,204 197,204 197,204 193,002 193,825 195,612 196,348 196,048 - 80/20 Match on Grant for Lifts - 201,562 201,562 201,562 - - - - - Transfers Out - Equipment Replacement Fund: - Police Dept. Take-home Vehciles and Equipment - 470,004 505,922 505,922 - - - - - - Dump Truck/Road Widener/Roller 316,163 - Armored Rescue Vehicle - - - - 336,375 - - - - - Snow Plow - - - - - 425,000 - 450,000 - Total Other Uses 2,647,357 3,367,256 3,403,174 3,403,174 3,076,151 2,648,067 2,240,823 2,711,183 2,284,343 Total Expenditures and Uses of Funds 7,515,493 17,909,312 22,972,937 21,797,937 9,839,284 9,949,587 5,244,916 6,055,183 2,364,343 Net Source (Use) of Funds 304,454 (9,033,062) (12,285,607) (11,110,607) 4,624,091 (2,554,587) 1,155,084 294,817 3,960,657 ATTACHMENT I CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Current Final Original Revised Revised Proposed Audited Budget Budget Budget Budget 2022 2023 2023 2023 2024 2025 2026 2027 2028 Projected Fund Balance, Beginning of Year 13,714,320 10,327,090 14,018,774 14,018,774 2,908,167 7,532,258 4,977,671 6,132,755 6,427,572 Fund Balance, End of Year 14,018,774$ 1,294,028$ 1,733,167$ 2,908,167$ 7,532,258$ 4,977,671$ 6,132,755$ 6,427,572$ 10,388,229$ Fund Balances Restricted For: Asphalt Overlay 451,280$ 11,280$ 36,736$ 36,736$ -$ -$ -$ -$ -$ Assigned For: Tract G/URA Projects 1,155,610 800,610 844,108 844,108 2,429,108 2,659,108 3,303,970 5,053,970 6,803,970 Unassigned:. Unreserved 12,411,884 482,138 852,323 2,027,323 5,103,150 2,318,563 2,828,785 1,373,602 3,584,259 Total Fund Balances 14,018,774$ 1,294,028$ 1,733,167$ 2,908,167$ 7,532,258$ 4,977,671$ 6,132,755$ 6,427,572$ 10,388,229$ ATTACHMENT I CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Current Final Estimated Original Revised Revised Project Cost Proposed Audited Budget Budget Budget To-Date Budget Project #Capital Improvement Projects 2022 2023 2023 2023 2023 2024 2025 2026 2027 2028 Facilities: 2023 Carry-Over to 2024 11032 Building Door Replacements (Town Hall, Rec Center)- 105,000 105,000 105,000 105,000 - - - - - 13014 Public Works Facilities Expansion Planning 14,774 500,000 585,226 585,226 600,000 - - - - 14010 Fleet Maintenance EPDM Roof Replacement - 440,000 449,500 449,500 460,000 - - - - - 14020 Fleet Maintenance - HVAC / AC - -25,000 25,000 25,000 - - - - - 14021 ARTF - Roof Improvements / Snow 44,860 - - - 44,860 - - - - - 14022 ARTF - Roof Repair 75,701 - 64,299 64,299 140,000 - - - - - 14023 ARFT - Overhead Door Replacement - 105,000 105,000 105,000 105,000 - - - - - 14024 ARTF - BAS / HVAC PM - 165,000 165,000 165,000 165,000 - - - - - 14025 ARTF - HVAC Separation - 150,000 170,000 170,000 170,000 - - - - - 14026 ARTF - Bus Wash Exit - 125,000 125,000 125,000 125,000 - - - - - 15029 Recreation Center Aquatics Deck Repair - -50,000 50,000 50,000 750,000 - - - - New Projects for 2024: Non Discretionary NEW IT Office Expansion - - - 30,000 30,000 - - - - - NEW PD Cooling Tower Chemical loop pump - - - - - 12,000 - - - - NEW Fleet Compressor System - - - - - 40,000 - - - - NEW Swim Area Anchors Nottingham Lake (4)- - - - - 10,000 - - - - NEW Fleet Vehicle Lifts Repair*- - - - - 320,000 - - - - NEW PSF HVAC BAS - - - - - -- - 75,000 - NEW PSF Security Systems - - - - - -- - 155,000 - NEW Public Works Annex Roof (Wildridge)- - - - - -- - 40,000 - Discretionary NEW Additional Lighting and Signage for Stage - - - - - 50,000 - - - - NEW Pool area LED replacement - - - - - 100,000 - - - - NEW Fitness Court Removal Design - - - - - 35,000 - - - - NEW Improve Rear Access to Rec Center - - - - - 150,000 - - - - NEW Rec Center Building Key Card Access - - - - - 50,000 - - - - NEW Rec Center additional 8 new cameras - - - - - 25,000 - - - - NEW Metcalf Cabin/Parks Garage - - - - - -50,000 - - - NEW Rec Cernter Furniture - - - - - 15,000 - - - - NEW ARTF Furniture for Facilities - - - - - 50,000 - - NEW Monument Signs for Pocket Parks - - - - - 75,000 - - - - Projected ATTACHMENT I CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Current Final Estimated Original Revised Revised Project Cost Proposed Audited Budget Budget Budget To-Date Budget Project #Capital Improvement Projects 2022 2023 2023 2023 2023 2024 2025 2026 2027 2028 Projected Completed in 2023: 11023 New Town Hall 2nd and 3rd Floor Updates 53,750 - 11,491 11,491 101,999 - - - - - 11028 Office Furniture 68,435 50,000 107,565 147,565 243,184 - - - - - 11029 Building Access Control - - 70,000 70,000 70,000 - - - - - 11030 New Town Hall Front Entry ADA Access 13,225 - 11,775 11,775 25,000 - - - - - 11031 511 Metcalf Road #G20 537,519 - -- 537,519 - - - - - 14019 Bus Shelters 436,350 - 26,150 26,150 462,500 - - - - - 15019 Pavilion - Deck Railing and Floor Replacement 18,161 - -- 415,314 - - - - - 15021 Recreation Center Locker Replacement 27,027 - -- 330,439 - - - - - 15023 Recreation Center HVAC Upgrade 44,945 - 197,555 197,555 250,000 - - - - - 15024 Recreation Center ADA Parking 19,135 - -- 20,000 - - - - - 15028 Recreation Center Pool Replastering 1,160 - -- 204,140 - - - - - 15031 Water Slide Repair 33,070 - -- 33,070 - - - - - 15032 Steam Room / Sauna Remodel 7,867 - 99,897 99,897 107,764 - - - - - 15033 Public Art - "Mother's Pride"- - 30,000 30,000 30,000 - - - - - 19008 EV Charging Stations (6)226,395 - - - 226,395 - - - - - 19009 2120 Saddle Ridge Loop Window Replacement - - 40,000 40,000 40,000 - - - - - 19010 Heat Recovery Controls Replacement - 251,000 251,000 251,000 251,000 - - - - - 79115 Facility Reserve Study - -75,000 75,000 75,000 - - - - - Parks and Open Space 2023 Carry-Over to 2024 11025 H.A. Nottingham Park East Improvements**261,311 2,000,000 2,530,570 2,530,570 2,850,437 - - - - - 21058 North Restrooms - Nottingham Lake Beach** 39,812 - 480,246 480,246 540,000 - - - - - 21063 Saddleridge Park Refresh*- 25,000 25,000 25,000 25,000 - - - - 21064 Park Water Fountain Replacement*- 75,000 75,000 75,000 75,000 - - - - - 21065 Irrigation System and Landscape Design*- -80,000 80,000 80,000 - - - - - 21066 Eaglebend Park Improvements*- -550,000 550,000 550,000 - - - - - 34041 Lee's Way Rebuild*600 - - - 600 - - - - - 34045 Recreation Trail Path Recon. - Lower Athletic Field*13,238 794,000 852,762 852,762 866,000 - - - - - 34046 Hurd Lane - Recreation Trail Reconstruction*- 205,000 205,000 205,000 205,000 - - - - - 34047 Eagle Valley Trail - West Reconstruction*- 325,000 325,000 325,000 325,000 - - - - - 21054 Wildland Fire Mitigation*40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 21027 O'Neil Spur Park Improvements Design**- - 20,000 20,000 20,000 - - - - - 21067 Wildridge Trail Contribution*- - 58,245 58,245 58,245 CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Current Final Estimated Original Revised Revised Project Cost Proposed Audited Budget Budget Budget To-Date Budget Project #Capital Improvement Projects 2022 2023 2023 2023 2023 2024 2025 2026 2027 2028 Projected New Projects for 2024: Non Discretionary NEW EV Charging Station at PD* - - - - - 20,000 - - - - NEW Art Pedestal Repairs and Solar Light Install - - - - - 75,000 - - - - NEW Recreation Trail Path Recon. - WBCB to Spillway - - - - - - 60,000 605,138 - - NEW H.A.N. Irrigation System Construction* - - - - - 750,000 750,000 - - - NEW Railing Repairs at VAA - - - - - 35,000 - - - - NEW Post Blvd Irrigation Repair - - - - - 150,000 - - - - NEW Nottingham Park Rec Trail - North - - - - - - 60,000 500,000 - - Discretionary NEW West Restrooms - - - - - 60,000 480,000 - - - NEW Special Events Meridian Barriers - - - - - 65,238 31,520 Completed in 2023: 21053 Nottingham Park West Courts Reconstruction 1,384,494 - - - 1,409,347 - - - - - Streets and Parking 2023 Carry-Over to 2024 21057 O'Neil Spur Park Parking Lot Rebuild*- - - - - - - - - - 32026 Retaining Wall Repairs - Nottingham & Swift Gulch Rd.*1,263 50,000 192,558 192,558 200,000 - - - - - 32030 Avon Road Safety Improvements*69,196 150,000 150,000 150,000 219,196 150,000 150,000 - - - 32032 Hurd Lane Intersection Improvements*2,927 - - - 9,957 - - - - - 32035 Metcalf Road - Retaining Wall Stabilization*- - 80,000 80,000 80,000 - - - - - 32037 W. B/C Blvd. - Concrete Repairs*- - 223,701 223,701 223,701 - - - - - 32039 US Hwy 6 Safety and Mobility Improvements Project*369,712 4,200,000 4,230,288 3,130,288 3,500,000 - - - - - 32043 Upper Buck Creek Repairs / Asphalt Overlay*- 1,292,748 1,292,748 1,292,748 1,292,748 - - - - - 32044 Swift Gulch Road - Buffalo Ridge Asphalt Overlay*- 60,000 60,000 60,000 60,000 613,474 - - - - 32045 Old Trail Road Asphalt Overlay*- 63,000 63,000 63,000 63,000 626,701 - - - - 32046 WBCB River Bridge Deck Repair Railing Upgrade*- 225,000 250,000 250,000 250,000 - - - - - 32047 Avon Road Pedestrian Crosswalk Repairs*- 50,000 50,000 50,000 50,000 - - - - - 33220 Annual Guard Rail Repair*6,230 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 34044 June Creek Emergency Access*1,791 - 101,082 101,082 110,000 - - - - - 79114 Schematic Design / Final Design - W. Main Street**31,544 175,000 243,456 243,456 275,000 - - - - - CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Current Final Estimated Original Revised Revised Project Cost Proposed Audited Budget Budget Budget To-Date Budget Project #Capital Improvement Projects 2022 2023 2023 2023 2023 2024 2025 2026 2027 2028 Projected New Projects for 2024: Non Discretionary NEW I-70 Off-ramp Streetlight Repair - - - - - 50,000 - - - - NEW Town Wide Retaining Wall Structures Analysis - - - - - 80,000 NEW Post Blvd. Asphalt Overlay - - - - - - 2,750,000 - - - NEW Swift Gulch Road - East Asphalt overlay - - - - - -- 400,000 - - NEW Avon Road Asphalt Overlay - - - - - -- 1,418,955 - - NEW Lake Street / Riverfront Asphalt Overlay - - - - - -890,000 - - - NEW Wildridge Road Asphalt Overlay - - - - - -- - 2,344,000 - NEW Riverfront/Ped Mall Manhole Repairs - - - - - 60,000 - - - - NEW WBCB - Elementary School to Lake St Asphalt Overlay - - - - - -- - 650,000 - Discretionary NEW Tract A DC Fast Chargers (4)- - - - - 350,000 - NEW W. Main Street Mall Improvements - - - - - 100,000 1,400,000 - - - Completed in 2023:31030 Mall Activation Elements 9,878 - 13,421 13,421 40,000 - - - - - 33221 Asphalt Seal Coat Roadway & Parking Lots - 485,000 100,000 100,000 100,000 - - - - - 32033 WB B/C Blvd - US Hwy 6 to Avon Elem.29,470 830,000 1,320,043 1,320,043 1,349,513 - - - - - 32036 Fawcett Road Asphalt Overlay 25,456 440,000 414,544 414,544 440,000 - - - - - 32038 Metcalf Road Culvert Repair 2,210 - 450,000 450,000 493,820 - - - - - 32040 Metcalf Road Manhole Repair 15,055 - -- 15,055 - - - - - 32041 Millie's Lane Asphalt Overly 42,653 - -- 42,653 - - - - - 32042 East Beaver Creek Blvd. Repair Project 28,806 - -- 28,806 - - - - - 12006 PSF Parking Lot Canopy Design 5,847 - -- - - - - - - 12007 Wildridge Emergency Warning Siren 194,984 - 133,016 133,016 356,436 - - - - - 32034 Buck Creek Road Repairs 2,518 - -- 582,985 - - - - - 31031 Avon Rd./I70 Aesthetic Improvements 227,576 - -- 1,135,669 - - - - - Drainage 2023 Carry-Over to 2024 21029 GIS Implementation - Drainage Infrastructure Layers 52,176 125,000 - - 52,176 - - - - - 61011 Tract A Drainage Improvements - - 50,000 50,000 50,000 - - - - - 61013 330 Nottingham Road Drainage Improvements - 75,000 75,000 75,000 75,000 500,000 - - - - 61014 400 WBCB Drainage Improvements - 75,000 75,000 75,000 75,000 500,000 - - - - New Projects for 2024: Non Discretionary URA NEW Nottingham Rd Basin 4 Erosion Control - - - - - 400,000 - - - - NEW Puder Ditch Headgate Repair - - - - - 75,000 600,000 - - - NEW Nottingham Reservoir Repairs - - - - - 100,000 - - - - Completed in 2023: 21026 Nottingham Rd. Debris Flow Improvements and Water Quality 178,000 - 46,670 46,670 600,810 - - - - - 61015 Nottingham / Wildridge Culvert Repairs - - 125,000 125,000 125,000 - - - - - 61012 Nottingham-Puder Ditch Piping 23,512 756,250 1,089,085 1,089,085 1,112,597 - - - - - ATTACHMENT I CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Current Final Estimated Original Revised Revised Project Cost Proposed Audited Budget Budget Budget To-Date Budget Project #Capital Improvement Projects 2022 2023 2023 2023 2023 2024 2025 2026 2027 2028 Projected Utilities 2023 Carry-Over to 2024 21055 Power Line Undergrounding* 1,200 - 118,467 118,467 120,000 - - - - - 81011 Broadband (Connection to Thor and Avon PD)**- 60,000 80,402 80,402 125,000 - - - - - 81020 Surveillance NVR Server Consolidation/Replacement*22,201 - 32,000 32,000 54,201 - - - - - 81021 Nottingham Park Wi-Fi Access**- 150,000 150,000 150,000 150,000 - - - - - New Projects for 2024: Discretionary NEW Council Chambers AV Improvements - - - - - 10,000 - - - - NEW Rec Center AV/WIFI upgrades - - - - - 65,000 - - - - NEW Recycling Center Upgrade*- - - - - 110,000 - - - - Completed in 2023: 11019 Utility Upgrade 32,945$ -$ -$ -$ 483,678$ -$ -$ -$ -$ -$ 81015 Finance/Comm Dev./HR ERP & HRIS Systems 22,820 - 87,415 87,415 275,290 - - - - - 81016 Mini-split NTH Data Center 12,070 - -- 12,070 - - - - - 81019 Microsoft Teams Phone System Migration 38,547 19,338 25,866 25,866 64,413 - - - - - Total Capital Improvement Projects 4,812,416$ 14,771,336$ 19,514,043$ 18,339,043$ 26,821,587$ 6,707,413$ 7,301,520$ 3,004,093$ 3,344,000$ 80,000$ - - - ATTACHMENT I _______________________________________________________________________________ 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 12, 2023 MEETING BEGINS AT 6:30 PM 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 6:10PM. 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. BUSINESS ITEMS 4.1. APPOINTING PAUL REDMOND AS THE URA TREASURER 4.2. PUBLIC HEARING FOR THE ADOPTION OF THE 2024 PROPOSED AND 2023 FINAL REVISED AVON URBAN RENEWAL AUTHORITY ANNUAL BUDGETS (TREASURER PAUL REDMOND) (5 Minutes) • RESOLUTION 23-01, AMENDING THE 2023 AVON URBAN RENEWAL AUTHORITY BUDGET • RESOLUTION 23-02, 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 2024 AND ENDING ON THE LAST DAY OF DECEMBER 2024 5. APPROVAL OF DECEMBER 13, 2022 URA MEETING MINUTES (AUTHORITY CLERK MIGUEL JAUREGUI CASANUEVA) (5 Minutes) 6. ADJOURNMENT *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) 748-4088 predmond@avon.org TO: Chairperson Amy Phillips and URA Commissioners FROM: Paul Redmond, Authority Treasurer Eric Heil, Town Manager RE: Avon Urban Renewal Authority 2024 Proposed Budget DATE: December 12, 2023 SUMMARY: This report is presented to Council for adoption of the final revised 2024 Urban Renewal Authority 2024 Budget. 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 report and is also included for informational purposes in the Town’s budget summary as a component unit of the Town. There have been no changes to either the 2023 final revised budget or the 2024 proposed budget since the budget retreats were held on September 19th, and October 17th. Public hearings were previously held on October 24th and November 14th. RECOMMENDATION: Staff recommends that the Board adopt the resolution as presented. PROPOSED MOTION: “I move to approve Resolution 23-01 adopting the proposed annual budget for the 2024 Avon Urban Renewal Authority 2024 Budget.” ATTACHMENTS: Attachment A - Resolution No. 23-01 Attachment B – Avon Urban Renewal Authority Fund Summary Thank you, Paul Avon Urban Renewal Authority Resolution No. 23-01 December 12, 2023 Page 1 of 2 AVON URBAN RENEWAL AUTHORITY RESOLUTION NO. 23-01 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, 2024, AND ENDING ON THE LAST DAY OF DECEMBER, 2024. 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, Paul Redmond, Treasurer, has submitted a proposed budget and held a budget retreat with said governing body on September 19, and October 17, 2023; 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 October 24, November 14, and December 12, 2023 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 2024: 2024 Proposed Budget Avon Urban Renewal Authority Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 210,835 2,784,809 2,557,710 Ending Fund Balance $ 437,934 ATTACHMENT A Avon Urban Renewal Authority Resolution No. 23-01 December 12, 2023 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 12, 2023 by the AVON URBAN RENEWAL AUTHORITY BOARD OF COMMISSIONERS By:______________________________ Attest:________________________ Amy Phillips, Chairwoman Paul Redmond, Treasurer CERTIFIED: _____________________________ Miguel Jauregui Casanueva, Authority Clerk FinalOriginal Revised Proposed Actual Budget Budget Budget2022 2023 2023 2024 SEE FUND SUMMARY EXPENDITURES BY CATEGORY The Urban Renewal Fund's main source of funding is property tax increment revenues for Urban Renewal Plan areas within the Town. The Town Center West Urban Renewal Plan Area was created in 2007, and is the only urban renewal plan area within Avon. The plan area has a 25-year life for tax increment financing. Property tax increment revenues for 2023 are based upon a preliminary increment of $44,473,690 and a mill rate of 62.617. BUDGET SUMMARY: AVON URBAN RENEWAL FUND ADMINISTRATION OF THE FUND The Avon Urban Renewal Fund is administered by the AURA Treasurer / Town of Avon Chief Finance Officer. FINANCIAL SUMMARY ATTACHMENTB Fund Summary Final Original Revised Proposed Actual Budget Budget Budget 2022 2023 2023 2024 REVENUES Taxes 1,887,132$ 1,835,895$ 1,839,922$ 2,784,809$ Investment Earnings 767 - - - TOTAL REVENUES 1,887,899 1,835,895 1,839,922 2,784,809 EXPENDITURES Current: General Government - 1,000 1,000 1,000 Treasurer Fees 56,556 55,077 55,198 57,000 Debt Service: Principal 619,647 634,175 634,175 648,867 Interest 129,525 114,861 114,861 99,843 Fiscal Charges 400 900 900 1,000 Total Operating Expenditures 806,128 806,013 806,134 807,710 Other Uses Transfers Out - Capital Projects Fund 1,000,000 1,000,000 1,000,000 1,750,000 TOTAL EXPENDITURES 1,806,128 1,806,013 1,806,134 2,557,710 NET SOURCE (USE) OF FUNDS 81,771 29,882 33,788 227,099 FUND BALANCES, Beginning of Year 95,276 70,399 177,047 210,835 FUND BALANCES, End of Year 177,047$ 100,281$ 210,835$ 437,934$ AVON URBAN RENEWAL AUTHORITY #22Summary Debt Service Summary FinalOriginal Revised Proposed Account Actual Budget Budget BudgetNumber Description 2022 2023 2023 2024 DEBT SERVICE 932 Series 2013, Tax Increment Revenue Bonds 65101 Principal -$ -$ -$ -$ 65102 Interest - - - - 65103 Fiscal Agent Fees - - - - 65108 Arbitrage Compliance Fees - - - - 933 Series 2017, Tax Increment Revenue Bonds 65101 Principal 186,647 192,175 192,175 197,867 65102 Interest 61,435 55,908 55,908 50,216 65103 Fiscal Agent Fees 400 400 400 500 65108 Arbitrage Compliance Fees - - - - 934 Series 2020, Tax Increment Revenue Bonds 65101 Principal 433,000 442,000 442,000 451,000 65102 Interest 68,090 58,953 58,953 49,627 65103 Fiscal Agent Fees - 500 500 500 65108 Arbitrage Compliance Fees - - - - 60000 TOTAL DEBT SERVICE 749,572$ 749,936$ 749,936$ 749,710$ AVON URBAN RENEWAL AUTHORITYDebt Service MINUTES FOR THE URBAN RENEWAL AUTHORITY MEETING WEDNESDAY DECEMBER 13, 2022 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 6:33 p.m. A roll call was taken, and Authority members present in person were Chairwoman Smith Hymes, Vice Chairwoman Amy Phillips, Scott Prince, RJ Andrade, Chico Thuon, Lindsay Hardy, and Tamra Underwood. Also present in person were Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Town Attorney Karl Hanlon, General Government Manager Ineke de Jong, Finance Director Scott Wright, Authority Clerk Miguel Jauregui Casanueva, and Deputy Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA The Video Start Time: 01:34:07 No changes were made to the agenda. Authority Member Underwood presented a motion to approve the Agenda. Vice Chairwoman Phillips seconded the motion. The motion passed unanimously with a 7-0 vote. 3. PUBLIC COMMENT The Video Start Time: 01:34:16 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 in person nor virtually. 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) The Video Start Time: 01:34:38 Treasurer Scott Wright spoke about the changes in the budget for both 2022 and 2023. He also answered questions from Authority Members. Chairwoman Smith Hymes opened the floor of the public hearing and called for public comments. No public comments were made in person nor virtually. Authority Member Underwood moved to approve Resolution 22-01 Amending the 2022 Avon Urban Renewal Authority Budget and 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. Vice Chairwoman Phillips seconded the motion. The motion passed unanimously with a 7-0 vote. 4.2 APPROVAL OF THE DECEMBER 14, 2021 URA MEETING MINUTES (AUTHORITY CLERK BRENDA TORRES) The Video Start Time: 01:37:10 Authority Member Prince moved to approve the December 14, 2021 URA Meeting Minutes. Vice Chairwoman Phillips seconded the motion. The motion passed unanimously with a 7-0 vote. 5. ADJOURNMENT There being no further business to come before the Authority, Chairwoman Smith Hymes moved to adjourn the meeting. The time was 6:37 p.m. MINUTES FOR THE URBAN RENEWAL AUTHORITY MEETING WEDNESDAY DECEMBER 13, 2022 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: ______________________________ Miguel Jauregui Casanueva, Authority Clerk APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade TO: Honorable Mayor Phillips and Council FROM: Ineke de Jong, General Government Manager RE: Approval of 2024 Regular Meeting Schedule DATE: December 8, 2023 SUMMARY: A draft of the Council regular meeting schedule is presented to Council for review, discussion and approval. Council traditionally approves the year’s meeting schedule early in each year to verify that the schedule works for all Council members and this year Council requested to review & adopt it in December so everyone could preplan for January. Once the schedule has been approved by Council, the dates will be posted to the Town’s website and staff will follow-up with calendar invites for all Councilors. ACTION BEFORE COUNCIL: Please find attached the proposed regular meeting schedule for 2024, which reflects the second and fourth Tuesdays of each month, unless otherwise noted. Meetings will begin at 5:00 p.m., unless Council would like to discuss and provide direction on a different start time for meetings. The Council meeting schedule includes the following special considerations for meeting dates: 1.January 16th – Special Executive Session meeting for legal advice and review of Village (at Avon)Annexation and Development agreement and the Planned Unit Development Guide. 2.February 27th – Council Chambers will be in use for the Presidential Primary Election, so we propose avirtual meeting. 3.June 25th – Council Chambers will be in use for the State and Local Primary Election, so we propose tocancel that meeting. 4.July 9th – (Summer Break) – We propose having this meeting if the June 25th meeting is cancelled or skipJuly 9th to allow Council a break in the middle of summer while Eagle County schools are not in session. 5.October 22nd – Council Chambers will be in use for the 2024 Presidential Election so we propose holdingthe second budget retreat in the Holy Cross Meeting Room . 6.November 19th – Council Meeting will be on the 3rd Tuesday in November (instead of the 4th Tuesday) dueto the Thanksgiving Break the following week. 7. December 24 th – No meeting due to the Christmas Break 8.Council Retreats – We propose two retreats, one on January 16 as an Executive Session for legal adviceand review of Village (at Avon) documents and one on October 22 to review the draft 2025 Budget. PROPOSED MOTION: “I move to approve the 2024 Avon Town Council Meeting Schedule as presented.” ATTACHMENTS: Proposed 2024 Council Meeting Calendar Council Meeting Council Retreat Holiday or School Break Council Meeting Council Retreat Holiday or School Break 2024 Proposed Avon Town Council Meeting Calendar January February March Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 1 2 3 1* 2* 7 8 9 10 11 12 13 4 5 6 7 8 9 10 3 4* 5* 6 7 8 9 14 15 16 17 18 19 20 11 12 13 14 15 16 17 10 11 12 13 14 15 16 21 22 23 24 25 26 27 18 19 20 21 22 23* 24 17 18 19 20 21 22 23 28 29 30 31 25 26* 27* 28* 29* 24 25 26 27 28 29 30 31 April May June Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 1 2 3 4 1 7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 8 14 15 16 17 18 19 20 13 13 14 15 16 17 18 9 10 11 12 13 14* 15 21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17* 18* 19* 20* 21* 22* 28 29 30 26 27 28 29 30 31 23 24* 25* 26 27 28 29 30 July August September Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 1 2 3 1 2 3 4 5 6 7 7 8 9 10 11 12 13 4 5 6 7 8 9 10 8 9 10 11 12 13 14 14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 18 19 20 21 21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 23 24 25 26 27 28 28 29 30 31 25 26 27 28 29 30 31 29 30 October November December Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 1* 2* 1 2 3 4 5 6 7 6 7 8 9 10 11 12 3 4* 5* 6 7 8 9 8 9 10 11 12 13 14 13 14 15 16 17 18* 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21 20 21* 22* 23* 24* 25* 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 27 28* 29* 30* 31* 24 25 26 27 28 29 30 29 30 31 Highlights: 2/26– 3/1: EC School District Mid Winter Break 10/14 – 10/18: EC School District Fall Break 4/22 – 4/26: EC School District Spring Break 11/25 – 11/29: EC School District Thanksgiving Break 6/3 – 8/16: EC School District Summer Break 12/20 – Jan 2025: EC School District Christmas Break *Presidential Primary Election, State & Local Primary Election and 2024 Presidential Election Retreats: 1/16 Executive Session for legal advice and review of Village (at Avon) documents, 10/22 Budget Retreat ATTACHMENT A 720-278-0442 clin@avon.org TO: FROM: RE: DATE: Honorable Mayor Smith Hymes and Council members Charlotte Lin, Sustainability Coordinator Resolution 22-25: Supporting the Recycling Resources Economic Opportunity (RREO) grant application December 8, 2023 SUMMARY: Resolution 23-25 (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 installation of a polystyrene densifier system at the Avon Recycling Center. The Town Council is asked to consider adopting Resolution 23-25 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, 2024. ANALYSIS: The Town of Avon is applying for the RREO grant to install a Styrofoam densifier produced by Foam Cycle (Attachment B) at the Avon Recycling Center. With Avon’s new Recycling Ordinance (ORD22-13) in place, improving services at the free recycling center will be crucial to encourage Avon residents to use it, especially for those single-home residents who choose not to subscribe to recycling services. 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 through the densifying process, 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 densifier through the RREO grant in 2021; they have reported high satisfaction with the equipment in their most recent RREO update. They have also reported outstanding data for Styrofoam collection. In the 2022-2023 timeframe, they collected approximately 18000 lbs (9 tons) of packaging foam. This equates to 13,846 CF of landfill airspace saved. They also generated $2,763 additional revenue for marketing the densified foam. Benefits of a Styrofoam recycling program: •Become a leading community example of excellent recycling efforts with a positive regional impactby accepting foam from other surrounding communities. Page 2 of 2 • 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. • Avon’s Styrofoam recycling program will capture the large and bulky packaging foam that is not covered by HB20-1162. FINANCIAL CONSIDERATIONS: The quote for the Styrofoam densifier, plus delivery and training is $89,500 (Attachment C). In addition, the Town is requesting $21,605 to cover the staffing cost to operate the program. To cover these components of the Styrofoam recycling program, the Town is seeking a total of $111,105 from the RREO grant (the maximum request is $200,000). RECOMMENDATION: I recommend that Council passes Resolution 23-25 to support the RREO grant application. PROPOSED MOTION: “I move to approve Resolution 23-25, authorizing and supporting the application for the Recycling Resources Economic Opportunity grant from the Colorado Department of Public Health and Environment, in order to install a polystyrene densifier at the Avon Recycling Center.” Thank you, Charlotte ATTACHMENT A: Resolution 23-25 ATTACHMENT B: Foam Cycle Impact Report 2023 ATTACHMENT C: Foam Cycle Quote for Town of Avon 2023 (equipment & training) Page 1 of 1 RESOLUTION 23-25 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 of polystyrene products from the Eagle County Landfill; and WHEREAS, in July 2021, the Avon Town Council adopted Ordinance 21-05, which is aligned with HB21-1162, Plastic Pollution Reduction Act, to ban the use of polystyrene cups and food containers at all retail food establishments in Colorado starting January 1, 2024. WHEREAS, the Town supports expanding the infrastructure of polystyrene diversion to include large packaging polystyrene, in order to enhance 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 purchase a polystyrene densifier, requesting a total of $111,105; and WHEREAS, the addition of the polystyrene recycling program will complement the implementation of Ord.22-13, the Recycling Ordinance, effective on November 1, 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 12th, 2023, BY THE AVON TOWN COUNCIL By: Attest: _____________________________ _____ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk www.foamcycle.com IMPACT REPORT 6 FOAM CYCLE REPORT IMPACT OF CURRENT LOCATIONS Foam Cycle's Impact Report Foam Cycle was formed as an LLC in May 2016 The first "test" Foam Cycle system was placed under a Public-Private Partnership Agreement at the Sussex County Municipal Utilities Authority (SCMUA) in September 2016 The first "sale" of a Foam Cycle supplied foam densifier was to Middlesex County, NJ in March 2018 The first "sale" of a complete Foam Cycle system was to Passaic County, NJ in October 2018 In February 2022, Foam Cycle was issued a Utility Patent by the United States Patent and Trademark Office. The patent outlines a “method and system of recycling polystyrene waste”. (Patent No.: US 11,241,695) Introducing Foam Cycle, the first patented foam recycling system designed to be placed at municipal recycling drop-off centers. Below 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. The following data from a Penn State University research project depicts the cumulative effort (from 2017 to 2021), in providing access to community-based polystyrene foam recycling programs. This report illustrates the growth and expansion across the country, of Foam Cycle’s unique “plug and play” systems to collect, recycle and repurpose foam waste. Infographic conversion metrics are supported by the Foam Recycling Coalition https://www.recyclefoam.org/grants 1 6 2 TEAM FOAM CYCLE The Foam Cycle System is now successfully operating in several states across the country. In these past seven 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. Foam Cycle's Impact Report Who We Serve: 11,344.365 ... and growing! Thanks to Foam Cycle, over 11,344.365* people have access to foam recycling where none existed before. *2020 US Census 1. Sussex County Municipal Utilities Authority 2. Middlesex County 3. Middletown Township 4. Woodbridge Township 5. Ridgewood Village 6. Passaic County 7. Long Hill Township 8. Monroe Township NEW JERSEY 1. Collier County 2. Saint Lucie County FLORIDA 1. Pulaski County 2. Boone County KENTUCKY Binghampton Development Corp (BDC Memphis) TENNESSEE Clark County OHIO Outagamie County WISCONSIN Northeast Kingdom Waste Management District VERMONT 1. Tiny Houses/Greensboro 2. Mecklenburg County 3. Henderson County 4. UNC Charlotte 5. City of High Point MRF NORTH CAROLINA 1. Westmoreland Clean Ways 2. Fayette County PENNSYLVANIA SustainAbility COLORADO Town of Gilford NEW HAMPSHIRE 3 Foam Cycle's Impact Report 1. South Suburban College & Cook County 2. Village of Mount Prospect ILLINOIS Town of Granby QUEBEC, CANADA 1. Michigan/Detroit 2. Michigan/East Lansling 3. Wisconsin/LaCrosse County PENDING INSTALLATIONS 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 Foam Cycle's Impact 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 Foam Cycle's Impact 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. Foam Cycle's Impact 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 Foam Cycle's Impact 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 Foam Cycle's Impact Report 8 CUBIC FEET OF FOAM DIVERTED PER YEAR THE IMPACT WE MADE Prepared by DOROTHY THOMPSON, DIRECTOR SOCIAL MEDIA 6 INDUSTRY AWARDS 9 EPS Industry Excellence in Recycling SWANA Excellence in Special Waste New Jersey DEP Outstanding Achievement in Recycling 6 10 MEET THE TEAM Lou Troiano is the founder and President of Foam Cycle, LLC. He has worked on the sales side of both the recycling and solid waste industries for the past 23 years. Throughout his career, Lou has identified and found solutions for waste diversion at a local level, culminating with development of this unique, patented, modular and turnkey foam recycling system. He leads a small, multi-talented team of experienced problem solvers to provide technical resources to the ever-growing Foam Cycle locations across the U.S. Foam Cycle's Impact Report Reenee Casapulla is retired as the District Recycling Coordinator for Sussex County, New Jersey – a county owned landfill and recycling center. With a Master’s Degree from Montclair State University, and certifications in SWANA Recycling Systems and the National Recycling Certification series, Reenee specializes in conducting research to improve recycling access for municipal residents. Her “boots on the ground” work ethic has been beneficial in promoting Foam Cycle with training, community outreach and group presentations. Renée Garrin is the Foam Cycle company spokeswoman and marketing coordinator. She is the liaison between Lou and any county, municipal, college or university recycling drop off center that is interested in providing a foam collection program. She assists with several marketing initiatives, produces marketing materials and handles administrative tasks as needed. OUR PERFORMANCE Foam Packaging and Food Service Foam are one of the most plentiful, yet least recycled forms of plastics in existence today. 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. Foam Cycle's Impact Report "Necessity is the mother of invention" and at Foam Cycle we found the solution you have been waiting for. www.foamcycle.com©2023 Foam Cycle LLC FOAM CYCLE LLC “Your EPS Foam Reduction and Recycling Specialist” DATE: 11-25-23 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 AND INSTALLATION: $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 AND START UP THE DENSIFIER. 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 FOAM CYCLE LLC “Your EPS Foam Reduction and Recycling Specialist” DATE: 11-25-23 TOWN OF AVON CHARLOTTE LIN – SUSTAINABILITY COORDINATOR 100 MIKAELA WAY P.O BOX 975 AVON. COLORADO 81620 FOAM CYCLE SYSTEM TRAINING QUOTE THIS QUOTE IS FOR THE FOAM CYCLE SYSTEM ON SITE DAY TRAINING, WHICH INCLUDES 2-3 HOURS FOAM PROCESSING TIME USING THE NEWLY INSTALLED FOAM CYCLE SYSTEM’S DENSIFIER MACHINE. GROUP TRAINING IS ALSO INCLUDED ON THE TYPES OF FOAM WASTE THAT CAN AND CANNOT BE RECYCLED. 1. ON-SITE FOAM CYCLE SYSTEM TRAINING: $2,500.00 ___ TOTAL: $2,500.00 Contact: Foam Cycle LLC Email: Lou@FoamCycle.com Mail: 3008 Grey Cliff Way, Milford PA 18337 Web: www.FoamCycle.com AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 14, 2023 IN-PERSON MEETING AT AVON TOWN HALL NOT AVAILABLE VIRTUALLY THROUGH ZOOM DUE TO TECHNICAL DIFFICULTIES 1 1. CALL TO ORDER AND ROLL CALL The meeting was hosted in-person at Avon Town Hall but not virtually nor Zoom.us due to technical difficulties experienced at Avon Town Hall. Mayor Amy Phillips called the November 14, 2023, Council regular meeting to order at 5:13 p.m. A roll call was taken, and Councilors present were Rich Carroll, Lindsay Hardy, Ruth Stanley, Mayor Pro Tem Tamra Underwood, and Mayor Phillips. Councilor RJ Andrade joined the meeting at 5:36 p.m. Councilor Chico Thuon joined the meeting at 6:30 p.m. They were joined by Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Town Attorney Karl Hanlon, General Government Manager Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Avon Police Chief Greg Daly, Finance Director Paul Redmond, Public Works Director Eva Wilson, Avon Rec Director Michael Labagh, Planning Director Matt Pielsticker, Planner 1+ Max Morgan, and Transportation Operations Superintendent Jim Shoun. 2. APPROVAL OF AGENDA Video Start Time: 00:14:00 Mayor Phillips initiated the meeting with the Agenda approval process. Mayor Phillips asked that Written Report 7.2 (2024 Community Grants Update) be added for discussion after Business Item 5.9 of the Agenda, and Written Report 7.3 (Wildridge Skier Shuttle Pilot Program Update) be added for discussion after Business Item 5.1. Town Manager Eric Heil requested that Business Item 5.6 (Work Session: Village (at Avon) PUD Amendment for Avondale Apartments and Planning Area E Early Childhood Education & Community Housing) and Business Item 5.8 (Contract for Professional Design Services: Avondale Apartments) be removed from today’s Agenda for future discussion. Without further discussion, Councilor Stanley presented a motion to approve the Agenda, as amended. Councilor Hardy seconded the motion. It was approved with a 5-0 vote of those present. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:15:44 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:15:56 Mayor Phillips explained that public comment can be made by participating in the meeting in person but not via zoom’s video/audio or telephone due to technical difficulties. She then clarified that the public comment section is intended for items not listed in the Agenda, and participation by members of the public is limited to 3 minutes. She asked if there was any public comment from those present in the room. Mr. Frank Pittser took the podium and stated he is a resident of Avon and a supporter of First Responders and the US Military and its veterans. He wondered if the old firehouse in Avon could be repurposed to host first responders and veterans and asked for Council’s help with this project. No other public comment was made in person nor virtually. AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 14, 2023 IN-PERSON MEETING AT AVON TOWN HALL NOT AVAILABLE VIRTUALLY THROUGH ZOOM DUE TO TECHNICAL DIFFICULTIES 2 5. BUSINESS ITEMS 5.1. Proclamation: Colorado Gives Day 2023 (John Weiss, Eagle County Gives Collaborative) Video Start Time: 00:22:40 John Weiss with the Eagle County Gives Collaborative delivered a presentation related to Colorado Gives Day. No public comment was made in person. Mayor Phillips read the proclamation into the record declaring Tuesday, December 5, 2023 as Colorado Gives Day. New Business Item included after 5.1. [formerly Written Report 7.3. Wildridge Skier Shuttle Pilot Program Update (Transportation Operations Superintendent Jim Shoun)] Video Start Time: 00:29:24 Transportation Operations Superintendent Jim Shoun took to the podium to update Council on the Skier Shuttle Pilot Program that will be running while the mountain is open, during peak times. He answered service-related questions from Councilors, including bus stops, dates and times included in the new shuttle pilot program. Councilor Carroll asked how this new shuttle pilot program will be communicated to the community and he was advised it will be through Wildridge neighborhood email group, on the town website, social media and in the local paper. Mayor Phillips suggested to staff that it be called the ‘Wildridge Weekend Skier Shuttle Program’ so that the title includes ‘weekend’ in it. Additional deliberations included future ridership goals and past successes and failures. No public comment was made. At 5:36 p.m., Councilor RJ Andrade joined the meeting in person. 5.2. Resolution 23-21: Receiving Annexation Petition and Setting Public Hearing (Town Manager Eric Heil) Video Start Time: 00:41:30 Town Manager Eric Heil delivered a presentation related to the receipt of an official petition for annexation submitted by the State Land Board and recommended to Councilors the approval of Resolution 23-21 for the purpose of setting a public hearing to determine if the property is eligible for annexation. He added that there would be a public hearing on January 9, 2023 which notice must be published in the Vail Daily once a week for four consecutive weeks prior to the hearing. At the request of Mayor Pro Tem Underwood, Town Manager Heil noted that there needs to be an Ordinance approving the Annexation after the Public Hearing deems the parcel is eligible for annexation. No public comment was made in person. After deliberations, Mayor Pro Tem Underwood made a motion to approve Resolution 23-21, amending a typo in the packet that designates it Resolution 23-09 and correcting it to Resolution 23-21. Councilor Ruth Stanley seconded the motion. It was approved unanimously with a 6-0 vote of those present. 5.3. Work Session: Eagle River Water and Sanitation District Wate and Wastewater Rate Presentation (General Manager Siri Roman, Director of Business Administration David Norris) Video Start Time: 00:46:19 General Manager Siri Roman and Director of Business Administration David Norris took the podium AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 14, 2023 IN-PERSON MEETING AT AVON TOWN HALL NOT AVAILABLE VIRTUALLY THROUGH ZOOM DUE TO TECHNICAL DIFFICULTIES 3 to deliver their presentation related to Water Rights and existing and future water rates. She spoke of the wastewater treatment Facility in Avon and noted that Council will be invited to walk the site in spring of 2024. She spoke of the construction of a new historic reservoir South of Minturn to be called Bolts Lake at a cost of approximately $100 Million which will likely come online in 2029. They fielded questions from Councilor Carroll about the number of individual subscribers, number of Tier 5+ consumers, and the 2024 lawn transformation program. Mayor Pro Tem Underwood asked if the water rate increase will cover debt service for the wastewater treatment project, which Ms. Roman confirmed. During public comment, Steve Coyer, resident of Mountain Star, took the podium to speak of how price increases will work for end users, and used himself as an example at Mountain Star. No other public comment was made in person. As this was a work session, no action was taken by Council. 5.4. Work Session: Skate Plaza Concept Review (Planning Manager Matt Pielsticker, Planner Max Morgan) Video Start Time: 01:17:45 Planner Max Morgan delivered his presentation related to the Skate Plaza Concept. He was joined by Mr. Canton Russel, Director of Design with NewLine SkateParks, who worked on the design of the Avon Skate Plaza and who guided Council in a walkthrough of the Avon Skate Plaza design. They were also joined by Mr. Andy Stone, Director of Engineering for NewLine SkateParks who also presented design considerations for the Avon Skate Plaza. Max Morgan noted that the Planning and Zoning Commission recommended that Council favor Avon Skate Plaza Concept 2 from the Packet. At 6:30 p.m., Councilor Thuon joined the meeting in person. Ample deliberations between Councilors ensued. They discussed how this project coexists with the La Zona project, how it will be managed during special events with temporary fencing, parking considerations, whether the skate park component is sufficient and balanced within the plaza component, and what the highest and best use is for this parcel. Councilor Thuon asked if this location is being imposed by Town Staff. Councilor Hardy noted that Council did not chose this location. Town Manager Eric Heil provided Council a historical recap of Council feedback which led to favoring this site. Councilors Thuon and Hardy questioned if this is the highest and best use for this land. Town Manager Heil indicated that Town Staff also considered the old firehouse, but this was earmarked for a civic center and is a better location for a structure than the old Town Hall site. Mayor Pro Tem Underwood asked for Town Manager Heil to expand on the urgency of bathrooms in the area that accompany the Skate Plaza project, and he noted the Town is ready to install modular bathrooms along with this or any project but the plan is to start construction in May of 2024. Councilor Hardy asked if the bathrooms can be built without the Plaza and Mr. Heil noted AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 14, 2023 IN-PERSON MEETING AT AVON TOWN HALL NOT AVAILABLE VIRTUALLY THROUGH ZOOM DUE TO TECHNICAL DIFFICULTIES 4 that they are interconnected but the bathrooms can be built without the Skate Plaza. Councilor Stanley expressed concern at hundreds of skateboarders skating on the bike paths leading to the Skate Plaza and noted skateboarders may have to be banned from skateboarding in bike paths around the park. During public comment, Pedro Campos, a member of the CASE Committee, took the podium and spoke of his recollection of many discussions over the years around the highest best use for this parcel. He recapped the projects considered for that location since 2004. He added that he led the project in Telluride for a Skate Plaza, and highlighted they coexist very well. He noted CASE was excited for the space, and there could even be space specific events for the plaza which was an exciting opportunity for CASE Committee Members. Mayor Pro Tem Underwood asked the record to reflect that she received a text message from former Councilor Scott Prince at 7:44 p.m. which she read into the record and spoke against the Skate Plaza being built at that location. Champ McNair, resident of Avon, spoke of his and his dad’s shared enjoyment of skateboarding. He spoke in favor of the Skate Plaza as presented in the center of town. He said he enjoyed the Edwards skate park and hopes that Avon can have the same opportunity. William Golacki, a resident of Edwards, said the Edwards Skate Park created a community space for him to relate locally, noting the Avon Skate Plaza will add to Avon’s experience. He added the location proposed in the middle of town is desirable to facilitate access to the Plaza. Jason Fines, a resident of Avon, spoke in favor of the Skate Plaza. He said his son would benefit greatly from the Plaza, as would the Community. He added that he considers this won’t become a novelty and will have continuous use and will be an attraction for the community long-term. Joe Otremba, resident of Avon, said he has 2 sons who like to skateboard and having this Skate Plaza in Avon would be nice for them to start skateboarding locally. He said he likes the location proposed and it would be helpful to add it to spaces where children can recreate. Rachel Stroker, resident of Miller Ranch, who lives next to the Edwards skate park said there is so much growth in use that there needs to be more places for kids to go skateboard, and having a Skate Plaza close to Edwards would help provide more exterior safe spaces in the Valley. She said the proposed location for the Avon Skate Plaza is easily accessible on the bus for kids in the area. She also advocated that Minturn and Eagle should also add skate parks. Nico Otremba, resident of Avon, spoke in favor of having a skate plaza in Avon where he resides so that he doesn’t have to commute to other places to skateboard. He added the smaller Gypsum skate park is sufficient and having one bigger in Avon would be amazing. AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 14, 2023 IN-PERSON MEETING AT AVON TOWN HALL NOT AVAILABLE VIRTUALLY THROUGH ZOOM DUE TO TECHNICAL DIFFICULTIES 5 Clare Alteneau, resident of Avon, and Executive Director of a local non-profit that runs skateboarding camps in the summer, spoke in favor of the Skate Plaza. She added the skateboarding camps are crowded and are getting overbooked. She highlighted Avon needs to add a Skate Plaza and she already has programming that will help maximize use of the space. She said that skateboarding is a sport that has a low barrier of entry compared to other local sports. Ben McNair, resident of Avon, spoke in favor of the Skate Plaza and addressed the stigmas around skateboarding. He said no one would demand fencing around the Park if this was another sport such as volleyball. He highlighted that Avon needs a Skate Plaza in the location proposed where its accessibility is key and the best use for the space. He encouraged Council to listen to the community and their feedback. Amy Lewis, resident of Eagle Vail and a member of the Avon Skate Coalition, spoke in favor of this community-driven project. She noted it is grass roots and she has been working on it for 4 years with strong community support. She asked Council to hear the community and consider this initiative and said a Skate Plaza deserves that view and is the best spot for this project. No other public comment was made in person. After additional questions, Councilor Stanley noted that she hears public comment and will support this location for the Skate Plaza. Councilor Hardy thanked public input and said that she does not believe this is the best location for a Skate Plaza. She added she is blown away by the passion of those involved. She said she wished there was a skate park in Eagle or Eagle Vail or Minturn in lieu of this proposal in Avon which would use a tiny piece of land with huge value. She said she is not against the skate park itself but against this location. She said she is worried about parking issues and rogue skateboards. She said she prefers to finish La Zona first and wants to see the Skate Plaza located by the Tennis Courts instead. She closed remarks saying it is a land use planning mistake. Councilor Andrade stated he was initially opposed to this location but only because he wanted the best skate park possible. He added that the assurances of the Skate Plaza designers that this will be an excellent skate park within the Skate Plaza makes him fully in favor now at this location. Mayor Pro Tem Underwood spoke of the grass roots effort to raise funds and make this project happen. She noted there is stigma associated with skateboarding and highlighted it brings equity, diversity, inclusion, and positive mental health impacts. She supports it and this location. Councilor Carroll thanked everyone who came to the meeting and voiced their opinions. He said this could be a great gathering place for the youths in the community. He used the West Avon Preserve as an example of a space where some did not want bike and hike trails but ultimately they AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 14, 2023 IN-PERSON MEETING AT AVON TOWN HALL NOT AVAILABLE VIRTUALLY THROUGH ZOOM DUE TO TECHNICAL DIFFICULTIES 6 had a positive impact. He spoke in support of this location and this design. Councilor Thuon said he does not think it is highest and best use for this location. He said he does not want a concrete jungle in the park and has had horrific to awful experiences in other skate parks because of foul mouths and lack of respect. He said if this proceeds, he wants a mission-vision statement with respect to families and Town. He added he doesn’t think Avon does a great job at caring for its parks and has issues with the park near his home. He said there needs to be ownership from the coalition as far as taking care of this thing. He closed remarks stating that his instinct and gut says the Town needs to do this, so let’s do it and ended his remark in support of this location. Mayor Phillips noted that the Skate Plaza deserves the million-dollar view that comes with that location, and everyone should be able to enjoy it. She asked for the design to be as non-concrete in appearance as possible. She added the kids who live in Avon will be able to get to it in a free bus without needing to travel 3 miles on a skateboard to the Edwards Skate Park which is not as easy as it sounds. She said this will be an added activity to the park, a homerun, and spoke in support of it. Town Manager Eric Heil noted that majority consensus is to move forward with the final design at this site and heard Council interest in seeing the final design so he will come back to Councilors with an additional presentation sometime between January and February of 2024. As this was a work session, no action was taken by Council other than giving staff direction, as indicated. At 8:28 p.m., Mayor Phillips declared a brief recess and Council reconvened at 8:40 p.m. Upon reconvening, Councilor Andrade noted he will need to leave to go back to work at 9:00 p.m. and apologized to his fellow Councilors for his early departure from the Meeting. 5.5. Work Session: Operations Garage Design (Senior Project Engineer Drew Stewart) Video Start Time: 03:28:20 Public Works Director Eva Wilson delivered a presentation related to the Operations Garage Design as it relates to the Public Works Complex. Councilor Hardy asked questions related to costs and was advised the biggest cost is the foundation and prefabricated elements. She said she had sticker shock from the cost. No public comment was made in person. As this was a work session, no action was taken by Council other than giving staff direction, as indicated. 5.6. Work Session: Village (at Avon) PUD Amendment for Avondale Apartments and Planning Area E Early Childhood Education & Community Housing (Town Manager Eric Heil) This business item was removed from the Agenda for this meeting. 5.7. Public Hearing: Proposed 2024 Budget (Finance Director Paul Redmond) Video Start Time: 03:34:45 AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 14, 2023 IN-PERSON MEETING AT AVON TOWN HALL NOT AVAILABLE VIRTUALLY THROUGH ZOOM DUE TO TECHNICAL DIFFICULTIES 7 Finance Director Paul Redmond delivered his presentation related to the adoption of the proposed 2024 Budget. He was joined by Rec Director Michael Labagh who fielded questions related to the adjustment in Rec Fees for out-of-towners and a redefinition of ‘older adults’ age range. After deliberations, Town Manager Eric Heil recapped that there’s room to raise the rate for out- of-town adults from $18 to $22. Also, that staff will adjust other rates accordingly. With a 4-2 vote, Councilors elected to keep the definition of older adult unchanged with Mayor Phillips and Councilor Hardy in the minority. At 8:54 p.m., Councilor Andrade exited the Meeting. Mayor Phillips opened the floor to the public hearing and no public comment was made in person. As this was a Public Hearing to receive feedback on the 2024 Proposed Budget, no action was taken by Council at this time. 5.8. Contract for Professional Design Services: Avondale Apartments (Town Manager Eric Heil) This business item was removed from the Agenda for this meeting. 5.9. DOLA Grant Opportunities Update (Town Manager Eric Heil) Video Start Time: 03:56:21 Town Manager Eric Heil indicated that this item should also have been removed from the Agenda as there is no need to discuss it given that it relates to the Avondale apartments that are on hold, which concluded the discussion. New Business Item included after 5.9. [formerly Written Report 7.2. Community Grants Update (Communications Manager Liz Wood)] Video Start Time: 03:56:51 Councilor Caroll stated that he asked for this item to be added to the Agenda to detail that he is very impressed by the amount of work behind the Community Grants Group and there is a lot of thought and care to how funds are allotted. Councilor Hardy also supported this message. 6. MINUTES 6.1. Approval of the October 24, 2023, Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) Video Start Time: 03:58:11 Councilor Stanley moved to approve the Minutes from October 24, 2023. Councilor Hardy seconded the motion. They were approved with a 6-0 vote of those present. 7. WRITTEN REPORTS 7.1. November 7 Planning & Zoning Commission Abstract (Planner I+ Max Morgan) 7.2. 2024 Community Grants Update (Communications Manager Liz Wood) 7.3. Wildridge Skier Shuttle Pilot Program Update (Transportation Operations Superintendent Jim AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 14, 2023 IN-PERSON MEETING AT AVON TOWN HALL NOT AVAILABLE VIRTUALLY THROUGH ZOOM DUE TO TECHNICAL DIFFICULTIES 8 Shoun) 7.4. CASE Committee Meeting Minutes Sept 21, 2023 (CASE Manager Danita Dempsey) 7.5. Bi-Monthly Sustainability Updates (Sustainability Coordinator Charlotte Lin) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 04:00:15 Councilor Thuon noted there have been texts and emails going back and forth about utilizing flag poles to fly the Israeli flag in support of Israel and he would like a discussion because he supports the idea, and the town has supported the flag of Ukraine and the flag of LGBTQ. He said the U.S. government supports Israel and the Town needs to be uniform, but he has heard rumors that Avon should separate church and state and he does not see this as a church and state thing, and we need to support our partners around the world. At the direction of Mayor Phillips, Town Manager Karl Hanlon reminded Council that there is no formal policy in place to turn the flagpole into a formal public forum but there were discussions in 2022 and 2023 around it. He added that for it to remain government speech, it needs to come by request of Councilors. Councilor Thuon stated that it is his request that Council consider flying the flag of Israel as government speech on behalf of Avon. Councilor Hardy said she is not prepared to speak on this but worries about flying the flag of Israel given the complexity of the conflict. Councilor Stanley said she is not in favor of any flag being flown and will abstain. Mayor Pro Tem Underwood noted there is a distinction between supporting LGBTQ in the Community and the Pride event Avon hosts. She said she welcomes sincere authentic community-based speech. She added her heart breaks for Ukraine, Israel, and the Palestinian people caught-up in conflict. She stated she voted against flying the Ukrainian flag not because she hates it but because this forum is not the place to speak on massively complicated issues of international relations. She noted she supports democracy and hates that Hammas killed innocent civilians in Israel, but it is different than supporting the Pride flag and she would vote against flying the flag of Israel. Councilor Carroll said this is not the time or place for this type of decision. Mayor Phillips said she understands why some members of the community want to fly the Israeli flag and highlighted there should be a separation between church and state in the context of religious wars. She wondered if flying the Israeli flag would support a state that AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 14, 2023 IN-PERSON MEETING AT AVON TOWN HALL NOT AVAILABLE VIRTUALLY THROUGH ZOOM DUE TO TECHNICAL DIFFICULTIES 9 does not separate church and state. She said that for this reason, she would not support it. She agreed with Mayor Pro Tem Underwood and said that flying the Pride flag is different. She said that flying the Israeli flag would not produce anything positive in the community. Councilor Thuon closed remarks indicating there was nothing more to say on the topic. 9. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 09:23 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: ________________________________ Miguel Jauregui Casanueva, Town Clerk APPROVED: Mayor Amy Phillips ___________________________________ Tamra Underwood Ruth Stanley Lindsay Hardy RJ Andrade Rich Carroll Chico Thuon (970) 748-4001 mjauregui@avon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Miguel Jauregui Casanueva, Town Clerk RE: Gift Reporting and Disclosure 2023 Birds of Prey World Cup VIP Tickets and Gift Bags DATE: December 12, 2023 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: 2023 Birds of Prey World Cup VIP Tickets and Gift Bags – The twelve (12) gift bags provided by the Vail Valley Foundation for the 2023 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 for each day. The value of each VIP ticket is $450, except for the Saturday ticket value which is $500. The total value of each gift bag, not including the VIP tickets, equals approximately $350.00. Each Councilor plus Town Manager Eric Heil, Deputy Town Manger Patty McKenny, General Government Manager Ineke de Jong, CASE Manager Danita Dempsey and CASE Coordinator Chelsea Van Winkle 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. Thank you, Miguel. 970-748-4083 clin@avon.org TO: Honorable Mayor Phillips and Council members FROM: Charlotte Lin, Sustainability Coordinator RE: Bi-monthly Sustainability Updates DATE: December 7, 2023 SUMMARY: This report provides an update for all Sustainability and Climate Action initiatives at the Town of Avon within the timeframe of November to December 2023. No action is required by Council. BACKGROUND: At the Budget Retreat on October 28, 2022, Council approved the 2023 Climate Action & Sustainability Programs (ATTACHMENT A) consisting of 15 official goals. Staff have been consistently working on these goals, as well as advancing other sustainability projects that are important parts of the Town of Avon’s overall sustainability effort. All of these goals and projects are listed in the table below with their respective progress updates. It is important to note that the progress we have made is the result of the collaborative efforts of many TOA staff members. SUSTAINABILITY UPDATES 2023 Goals and Programs What this goal accomplishes Progress November-December 2023 1. Building Benchmarking Understand Building Benchmarking programs & establish Town of Avon’s own program. • The energy utility data including electric, natural gas, solar and water are being recorded in the software EnergyStar, which is the State-mandated energy benchmarking software. The buildings covered include Town Hall, Recreation Center, ARTF, Public Safety, Fleet and the Bus Wash. • The “Building Benchmarking” goal will continue on as a Sustainability project in 2024, with a focus on identifying Building Performance Standards (BPS) and implementing energy efficiency measures. 2. Recycling Ordinance & accompanying educational campaign Implement Ordinance 22-13 • Since the ordinance’s effective date on November 1, Staff has continued to assist Avon residents and businesses with recycling materials and trainings. Overall, there is visible growth in recycling participation, cooperation and enthusiasm, indicating a successful early shift in the culture around recycling. • Staff is working diligently with haulers to make sure that they provide adequate recycling capacity for multifamily complexes and residents. • Training for multi-family properties is continuing with active participation. • Avon businesses and multi-families ordered 56 outdoor wildlife-resistant dual trash/recycling bins through our 50/50 cost share program. Delivery is expected in early December. • 1060 Avon-branded mini recycling totes have been delivered and are being distributed at in-person trainings. • Staff has drafted a code enforcement plan for the recycling ordinance. • The pumpkin composting program was extended to the entire month of November and successfully began on November 1 Page 2 of 6 (ATTACHMENT B). The program was in use every single week, resulting in about 7 cubic yard or 4200 lb of pumpkin collected. (Note: the tonnage for 2023 was 1800 lb.) • Staff has rolled out the press release and public outreach for the upcoming polystyrene food container ban. More details can be found in the separate 7.3 report. • Staff is working on Colorado Department of Public Health and Environment’s Recycling Resources Economic Opportunity (RREO) grant for funding to purchase a Styrofoam densifier and establish the first Styrofoam recycling program in Eagle County. More details can be found in the 3. Sustainability Education & Marketing Increase awareness, support and implementation of Sustainability programs and policies • Staff is working on the content for all our sustainability and climate initiatives. • This goal will continue in 2024 as a regular Sustainability duty with tasks to update content as needed and to promote sustainability with digital advertising. Goal #3 & #12 on this list will be combined in 2024. 4. Avon GHG inventory Identify the possible extent of Avon’s GHG baseline in order to measure GHG reduction and effectiveness of Climate Action programs and policies • The final set of GHG inventory data was received in late November and staff is working with ICLEI on the report now. The first draft of the report will be reviewed internally in early January. • The inventory data will be used to conduct a Net Zero forecasting project, also facilitated by ICLEI, in 2024. A Scope of Work has been reviewed by the Town Manager and was approved. • While there are a few more tasks left in this goal, this goal can be considered complete. Staff aims to present the report to Council in February 2024. 5. Fleet Conversion to Electric and Hybrid Vehicles Reduces GHG emissions from Avon’s fleet • This goal was completed at the April 25 work session. 6. E-Bike Incentive Program Promote increased use of e-bikes • This goal was completed. 7. Research Net Zero Communities Understand the lifestyle, regulations, and investments of Net Zero Communities • This goal was completed on February 14, 2023. 8. Climate Action Investment Matrix Assists with understanding return on investment for Climate Action programs • Staff continues to add climate action related expenses and tracking to our current Matrix. • The Town has reviewed a proposal from Lotus Sustainability & Engineering regarding improving our current Matrix – this work Page 3 of 6 will likely take place in 2024, after our GHG inventories have been completed. 9. Vehicle Idling Prevention Education Promote awareness and support to minimize vehicle idling • Anti-idling signs will be installed in Avon Town Core and at schools serving Avon students; • A second round of the anti-idling education campaign will be launched this year with more focus on standard education as opposed to the interactive myth-or-truth game last year. 10. Develop a program to promote electrification and reduction of energy use of existing buildings Break down the inventory of all buildings to make appropriate recommendations for electrification based on benchmarking data. This contributes to the Net Zero Housing goal. • Staff is working with NWCCOG and Walking Mountains to promote weatherization and beneficial electrification grant programs at the Aspens Mobile Home Park. • With progress made in Goal #1, Building Benchmarking, Staff aims to research electrification roadmap. The direction of this program is shifting towards assisting and amplifying existing electrification programs, such as those from the NWCCOG through marketing and education, including bilingual outreach. • Workforce development has emerged as an important topic for the success of this program. There may be potential to support workforce development programs from CMC, CORE, and NWCCOG in 2024. 11. Double PuRE registration rate Involve more Avon residents and businesses to use renewable energy, which contributes to the Net Zero Housing goal. • In-person events to accelerate PuRE registrations have been ineffective, so Staff is planning a digital campaign for a 2024 launch. The digital campaign will consist of a video advertisement and the town plans to offer a small incentive for participants. 12. Sustainability Marketing Program Improve community wide awareness and support for sustainability goals and programs. • Staff is preparing to roll out small digital campaigns in 2024 to promote existing sustainability programs. 13. Biochar Pilot Project Create biochar material from organic wood waste in Avon and integrate as a soil amendment on a small pilot project scale. Research and propose options for expanding biochar production for 2024. • Despite Avon’s internal decision to postpone this project, the CAC secured 40-hours of consulting from NREL which will be used towards biosolid and biochar implementation in Eagle County. Staff will be using the knowledge gained from this consultation to plan for Avon’s future biochar project. • As of December 2023, the NREL consulting is ongoing and has not produced deliverables. 14. Composting Program Develop options with identified costs for a community wide composting program, • The USDA Composting and Food Waste Reduction (CFWR) Pilot Project grant decision was supposed to be announced towards the end of August. Unfortunately, the announcement is Page 4 of 6 or initial pilot project, to be implemented in 2024. being delayed and there are no updates as of the end of October. • Staff plans to proceed with the planning process of the restaurant composting program as well as a residential curbside composting program regardless of the result of the grant. 15. Long Range Planning for Micro-Transit Identify alternatives to traditional transit that can serve communities not on existing transit lines and which reduces single occupancy vehicle trips • This goal will continue in 2024 through the Mobility Department. OTHER SUSTAINABILITY PROJECTS & UPDATES Sustainability Projects What this project accomplishes Progress July-August 2023 1. Employee Carpool Program Understand Building Benchmarking programs & establish Town of Avon’s own program. • A total of 4 carpooling teams utilized the program in 2023, resulting in a total of 29206 avoided mileage and 11.39 metric tons of savings in GHG emission. A chart illustrating the impact of this GHG savings is shown in ATTACHMENT C. • Based on the data, the Town will reduce the budget from $30,000 to $20,000 in 2024. • This program will continue in 2024 but the rollout and implementation for 2023 was completed, see Attachment C. 2. Sustainability for National Night Out and other PD events Make sure that sustainability efforts and the Recycling Ordinance is implemented in all public-facing Avon activities. • Sustainability and zero-waste practices were successfully deployed at the 2023 National Night Out events. With the process set in place, the rollout is expected to be easy next year. • This task is completed. 3. Recycling curriculum for elementary school and summer camps Make sure that the Recycling Ordinance is implemented in all public-facing Avon activities. • The Spanish translation done for other recycling education materials will be used towards the Elementary and Summar Camp materials too. 5. Sustainability grants program Establish a consistent and comprehensive grants program to • Staff is still waiting on the USDA CFWR result. The announcement of the result has been delayed for 2+ months. The proposed pilot program would fund composting program for local restaurants and is done in partnership with Town of Vail. Page 5 of 6 advance climate action across departments. • The RREO grant for fiscal year of 2024 opened on November 6, with the deadline of January 5, 2024. Staff will be working on the application again with a focus on the Styrofoam densifier. 6. Net Zero Building Expo Share expertise on Net Zero development with the Eagle County community. • This goal has been officially assigned to the Community Development department, with General Government Staff supporting the planning. The planning is going smoothly so far. 7. Recycling video for Avon events Promote recycling knowledge and awareness to all visitors and locals that attend Avon events. • This task is completed. 8. Sustainability Fair Expand on the annual “Avon Town Clean Up” event with additional sustainability activities and vendor exhibitions. • This task was completed on May 24, 2023. 9. Sustainability Booth at AvonLive! Leverage the outreach opportunity afforded by AvonLive! to promote multiple sustainability initiatives by the Town of Avon and our community partners. • This task was completed on Aug 30, 2023. 10. Carshare Program Establish a regional carshare program to reduce vehicle GHG emissions and parking spaces. • The Town of Vail re-released the RFP and received a proposal from Colorado Car Share, a nonprofit car sharing service that built the carshare program in Breckridge. The team is currently reviewing the proposal. 11. Mountain Towns 2023 Conference Represent Avon to talk about various climate action initiatives at MT2030 • This task is completed. Thank you, Charlotte Page 6 of 6 ATTACHMENT A: Report - Budget Retreat: Climate Action & Sustainability Program ATTACHMENT B: Pumpkin Composting Program 2023 ATTACHMENT C: Employee Carpool Program GHG Savings 2023 970-748-4083 clin@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Charlotte Lin, Sustainability Coordinator and Eric Heil, Town Manager RE: Budget Retreat: Climate Action & Sustainability Programs DATE: October 21, 2022 SUMMARY: This report presents the proposed budget for the Town of Avon sustainability goals and programs in 2023. Council provided direction in early 2022 that all Climate Action goals should be a Tier 1 priority for immediate focus. Town of Avon created the position Sustainability Coordinator in early 2022 to provide dedicated staffing to coordinate overall Climate Action goals and programs and to provide dedicated Staff focus on specific Sustainability goals and programs. The proposed Sustainability budget includes an increase from $20,300 in 2022 to $70,771 in 2023 to support the activities of the Sustainability Coordinator. Some existing expenses were moved into this Sustainability Budget. Many other expenses to Sustainability reside in other Departments (e.g. electric bus purchases in Mobility, debris flow hazard mitigation in Capital Improvements, etc.). The proposed 2023 Sustainability budget is a rough estimate of costs for certain activities. Many of these goals and programs are new, therefore, we expect actual costs to be refined as these programs are further developed. The expectation is that Staff will periodically update Council on all Sustainability goals and projects throughout the year. BACKGROUND: Sustainability programs are considered as activities that include Climate Action, Water Quality and Water Conservation and Resiliency. “Climate Action” is specifically focused on reducing greenhouse gas (“GHG”) emissions. Resiliency includes hazard mitigation and improvements to infrastructure to better withstand natural hazard events. An overview of proposed Climate Action strategies is set forth in the table on the following pages. Many of these strategies are multi-year and inter-departmental. The goals and programs for sustainability will involve Staff time beyond the Sustainability Coordinator, including General Government, the General Government Intern, Community Development, Fleet, Mobility and Operations. 2023 Sustainability Budget Books and Education $ 1,000 Feasibility Study for Composting $ 5,000 Printed Educational Materials (Recycling, Climate Action and other sustainability efforts) $15,000 Development of Marketing Content $12,500 Memberships (Actively Green, International Council for Local Environment, Recycle Colorado) $ 3,050 Events (PuRE Sign-Up, Sustainability Workshops) $10,000 Advertising $ 8,860 Eagle River Watershed Council $ 7,000 Video Production $ 6,600 Miscellaneous $ 1,761 TOTAL $70,771 Thank you, Charlotte and Eric ATTACHMENT A Page 2 of 4 2023 Goals and Programs What this goal accomplishes Simplified Work Plan in 2023 Financial Consideration Building Benchmarking Understand Building Benchmarking programs • Research and monitor State and municipal building benchmarking programs • Report on lessons learned from initial implementation • Determine goals and purpose for any local building benchmarking program • Develop recommendations for Avon Internal Staff work, no additional financial cost Recycling Ordinance Implement Ordinance 22-13 • Create information materials and conduct community outreach on requirements of Ord 22-13 to achieve implementation and compliance by Nov 1, 2023 Internal Staff work, design and printing of educational materials Sustainability Education & Marketing Increase awareness, support and implementation of Sustainability programs and policies • Develop and implement education materials and programs for Staff and for Avon community • Establish a robust marketing and communication workflow for all sustainability education. Staff to implement, cost of marketing included in sustainability marketing budget. More marketing budget ($5-10k; not in Attachment A) may be needed to reconstruct our websites. Avon GHG inventory Identify the possible extent of Avon’s GHG baseline in order to measure GHG reduction and effectiveness of Climate Action programs and policies • Engage consultant to develop Avon baseline. Budget proposed for consultant $10K – $15K (not included in Attachment A) Fleet Conversion to Electric and Hybrid Vehicles Reduces green house gas emissions from Avon’s fleet • Continue to purchase electric and hybrid vehicles Staff to implement, no additional financial cost other than electric vehicles may be more expensive than comparable fossil fuel and hybrid vehicles. E-Bike Incentive Program Promote increased use of e-bikes • Application process and administration is already Staff to support administration, Page 3 of 4 established. Council direction on eligibility is required appropriation of funds for rebates Research Net Zero Communities Understand the lifestyle, regulations, and investments of Net Zero Communities • Research and compile information on Net Zero Communities, prepare presentation to Council Staff to implement, no appropriation required Climate Action Investment Matrix Assists with understanding return on investment for Climate Action programs • Prepare and present Climate Action Investment Matrix in a format that can be regularly updated to reflect new investments Staff to implement, no appropriation required Vehicle Idling Prevention Education Promote awareness and support to minimize vehicle idling • Prepare and implement educational materials to reduce vehicle idling Staff to implement, cost of marketing included in sustainability marketing budget. Develop a program to promote electrification and reduction of energy use of existing buildings Break down the inventory of all buildings in order to make appropriate recommendation for electrification based on benchmarking data. This contributes to the Net Zero Housing goal. • Research programs in other communities to promote and implement energy reduction through electrification and building improvements • Research potential grants for building electrification and energy reduction • Development and propose program to promote electrification and energy reduction of existing buildings Collaborative effort between Sustainability and Community Development Grant Funding: Resilient and Efficient Codes Implementation (RECI) Staff to implement; no extra cost in 2023. Double PuRE registration rate Involve more Avon residents and businesses to use renewable energy, which contributes to the Net Zero Housing goal. • Determine existing number of PuRE registrants in Avon and identify target for end of 2023. • Design and launch a PuRE promotion campaign. Collaborate with Holy Cross on the promotion. • Conduct PuRE sign-up events to promote awareness and participation Sustainability Staff; assistance from Gen Gov Intern, $5,000 to support sign-up events Sustainability Marketing Program Improve community wide awareness and support for sustainability goals and programs • Develop a consistent content plan for social media, monthly newsletters and local media outlets such as the Vail Daily and radio stations. Staff to administer, costs included in marketing Page 4 of 4 Biochar Pilot Project Create biochar material from organic wood waste in Avon and integrate as a soil amendment on a small pilot project scale. Research and propose options for expanding biochar production for 2024. • Create 3-10 cubic yards of biochar as a pilot project, apply in 2-4 identified landscape areas • Research labs that can analyze and evaluate biochar quality and how effective the biochar is working. • Research long-term and Town-scale implementation of biochar. Nominal cost for pilot project. Staff can execute in-house. Composting Program Develop options with identified costs for a community wide composting program, or initial pilot project, to be implemented in 2024. • Review local and peer community composting programs. • Review service and potential programs with local waste haulers. • Evaluate options for a local composting operation to serve Avon versus a regional composting operation. • Prepare a concept composting program for Avon businesses with a focus on restaurants. • Conduct community outreach with residential users, restaurants and other Avon businesses to identify support and barriers to a community wide composting program Sustainability Staff, Gen Gov Intern. Feasibility study budgeted $5,000. Long Range Planning for Micro-Transit Identify alternatives to traditional transit that can serve communities not on existing transit lines and which reduces single occupancy vehicle trips • Mobility will solicit and review proposals from micro-transit providers and assist with identifying areas that may be potentially served with micro-transit Mobility Division will lead effort to research potential micro-transit service in Avon Pumpkin Composting Program 2023 ATTACHMENT B Employee Carpool Program 2023 GHG Emission Savings Total savings = 11.39 metric tons ATTACHMENT C 970-748-4083 clin@avon.org TO: Honorable Mayor Phillips and Council members FROM: Charlotte Lin, Sustainability Coordinator RE: Polystyrene Ban Effective January 1, 2024 DATE: December 8, 2023 SUMMARY: Effective January 1, 2024, retail food establishments within the Town of Avon are prohibited from using ready-to-eat food containers made from polystyrene foam (including hinged food containers, plates, bowls, cups and trays). Often referred to as Styrofoam™, this material is made from non-renewable thermoplastic petrochemicals which do not biodegrade and will fragment into small pieces that pollute our environment and can be ingested by wildlife. These materials cannot be repurposed or recycled locally. Staff has conducted community outreach regarding this regulation, including press release, social media posts, and direct outreach to all affected Avon businesses via email and mail. BACKGROUND: In July 2021, Avon Town Council passed Ordinance 21-05 - Concerning the Management of Plastic Products (ATTACHMENT A), establishing the prohibition on the use of expanded polystyrene food containers in municipal code chapter 8.50. This regulation is aligned with the Plastic Pollution Reduction Act (also known as the PPRA or HB21-1162), which was passed by the Colorado state legislature in 2021. The key point of the polystyrene ban includes: o Effective January 1, 2024, the ban prohibits the use of polystyrene products for use as ready-to-eat food containers, including hinged food containers, plates, bowls, cups and trays. o The ban applies to all retail food establishments within the Town, except schools. Polystyrene ready-to eat food containers purchased before January 1, 2024 may be distributed until the inventory is depleted or by the deadline of July 1, 2024. o Packaging of drugs, medical devices or dietary supplements regulated by the U.S. Food and Drug Administration are also exempt. o Any person violating the polystyrene ban shall be subject to the penalties contained in Chapter 1.09 of the Avon Municipal Code. ANALYSIS: Staff is implementing the following outreach to notify the public about this regulation, as well as to assist affected Avon businesses to go through the transition. o The press release regarding the polystyrene ban was published on November 29, 2023. o A new web page was created to provide more information and education on the polystyrene ban, including assets such as:  Announcement Poster (ATTACHMENT B).  Eco-cycle’s Guide to Sustainable Serviceware for Restaurants and Food Prep Businesses helps businesses choose sustainable options for their customers and offer cost-saving options (ATTACHMENT C). o Social media posts: the above poster was also used as a social media post; more education posts will be created regarding polystyrene management. o Direct email & mail to affected Avon businesses. o Similar to the recycling ordinance rollout, personal consultations will be offered to businesses who request them. Thank you, Charlotte Page 2 of 2 ATTACHMENT A: Ordinance 21-05 Concerning the Management of Plastic Products ATTACHMENT B: Announcement Poster ATTACHMENT C: Eco-Cycle’s Guide to Sustainable Serviceware for Restaurants and Food Prep Businesses l 1 Avo n G OI 0RA 1)0 ORDINANCE NO.21-05 CONCERNING THE MANAGEMENT OF PLASTIC PRODUCTS WHEREAS, pursuant to §31-15-103 and §31-15-104, C.R.S. 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, in October of 2017, the Town Council adopted Ordinance 17-08, which promoted the use of reusable bags by prohibiting disposable plastic bags and requiring a charge for the use of disposable paper bags at grocers and other retailers which would help address the environmental and health problems associated with such use, would relieve Town taxpayers of the costs incurred by the Town in conjunction therewith, and would be in the best interest of the public health, safety and welfare of the citizens of the Town; and WHEREAS, in promoting the use of reusable bags, Ordinance 17-08 specifically defines the term "reusable bag" as a bag that: 1. Is designed and manufactured to withstand repeated uses over a period of time. 2 2. Is made from a material that can be cleaned and disinfected regularly; 3. Is at least two and one-fourth (2.25) mils thick if made from plastic; and 4. Has the capability of carrying a minimum of eighteen (18) pounds. WHEREAS, an Avon retailer has proposed introducing a new type of reusable plastic bag to be provided to patrons at no cost to carry purchased items; and WHEREAS, the proposed new reusable plastic bags are made of 2.25 mil thick plastic, purportedly can be reused up to 125 times, carry 18 pounds, and can be cleaned and disinfected regularly in compliance with Ordinance 17-08; and WHEREAS, Town Council and Town staff have examined the proposed resusable plastic bags, and have determined such bags are unlikely to be reused and are likely to be treated as traditional plastic bags, including being disposed of in a manner that creates they precise environmental and health impacts Ordinance 17-08 seeks to avoid; and WHEREAS, the Town Council finds that amending the definition of "reusable bag" to more clearly clarify such bags shall not be disposed of like traditional plastic bags will achieve the overall goals of Ordinance 17-08 and will promote the health, safety and general welfare of the Avon community; and WHEREAS, polystyrene foam is a petroleum -based, lightweight plastic material commonly used as food service ware by retail food vendors operating in the Town of Avon; and Ord 21- 05 Management of Plastic Products [July 13, 20211 Page 1 of 7 ATTACHMENT A WHEREAS, polystyrene foam, which means and includes blown polystyrene and expanded and extruded foams (sometimes incorrectly called StyrofoamTM, a Dow Chemical Company trademarked form of polystyrene foam insulation) that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion -blow molding (extruded foam polystyrene), has also become a problematic environmental pollutant given its non -biodegradability and nearly non -reusable nature; and WHEREAS, there is no economically feasible means of recycling polystyrene foam locally; and WHEREAS, polystyrene foam is a common pollutant that fragments into small, non - biodegradable pieces that are difficult to clean up and are ingested by aquatic life and other wildlife; and WHEREAS, effective ways to reduce the negative environmental impacts of disposable food service ware include reusing or recycling food service ware and using compostable materials made from renewable resources such as paper, cardboard, corn starch, potato starch, and/or sugarcane; and WHEREAS, the Town desires to restrict the use by food vendors of polystyrene foam disposable food service ware; 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. Amendment to Section 8.38.020 — Definition of Reusable Bat. Section 8.38.020 is hereby amended to read as follows with r....out indicating language to be deleted and underline indicating language to be adopted: Reusable bag: a bag that: 1. Is designed, manufactured, for at least one hundred twenty-five uses to r-epeattedd ussiesperiod f time Ord 21-05 Management of Plastic Products [July 13, 20211 Page 2 of 7 2. is made f.,ffl material that , be ,.leaned and disc f ete r . lar-1., Can carry at least twenty-two pounds over a distance of one hundred seventy-five feet; 3. Has stitched handles; and 4. Is made of cloth, fiber or other fabric or a recycled material such as polyethylene terephthalate. Section 3. Addition of Chapter 8.40 to Title 8 of the Avon Municipal Code. Chapter 8.50, Prohibition on Use of Expanded Polystyrene Food Containers" is added to Title 8, "Health and Safety," of the Avon Municipal Code to read as set forth in Exhibit A: Addition of Chapter 8.50 to Title 8 of the Avon Municipal Code, attached hereto. 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 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 Ord 21-05 Management of Plastic Products [July 13, 20211 Page 3 of 7 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 ofthe 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. SIGNATURE PAGE FOLLOWS] Ord 21- 05 Management of Plastic Products [July 13, 2021] Page 4 of 7 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on June 22, 2021 and setting such public hearing for July 13, 2021 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. A= 7 Sarah Smith Hymes, Mayor ATTEST: Brenda Torres, Town Cle ADOPTED ON SECOND AND FINAL READING on August 10, 2021. BY: Sarah Smith Hymes, Ma r 1 Wisor, Town Attorney Ord 21-05 Management of Plastic Products [July 13, 20211 Page 5 of 7 ATTEST: WN OFgN Brenda Torres, Town Cl k EXHIBIT A: ADDITION OF CHAPTER 8.50 TO TITLE 8 OF THE AVON MUNICIPAL CODE CHAPTER 8.50 PROHIBITION ON USE OF EXPANDED POLYSTYRENE FOOD CONTAINERS Section 8.50.010 Definitions. Section 8.50.020 Prohibited use of expanded polystyrene food containers. Section 8.50.030 Exemptions. Section 8.50.040 Violation and Penalties. 8.50.010 DEFINITIONS. For the purposes of this chapter, the following terms have the following meanings: a) "Container" means a receptacle upon which or inside which food may be placed for consumption, whether or not the receptacle can be fully closed. Container includes hinged food containers, plates, bowls, cups, and trays. b) "Expanded Polystyrene" means and includes blown polystyrene commonly known as called StyrofoamTM, and any other expanded or extruded foam consisting of thermoplastic petrochemical materials utilizing a styrene monomer and processed by techniques that may include: 1) For expandable bead polystyrene, fusion of polymer spheres; 2) Injection Molding; 3) Foam molding; and 4) For extruded foam polystyrene, extrusion blow molding. c) "Food" means any raw, cooked, or processed edible substance, ice, beverage, or indgrediebt used or intended for use or for sale, in whole or in part, for human consumption. Food does not include a drug, as that term is defined in §25-5402(9), C.R.S., as amended. d) "Ready -to -eat" means food that is cooked or otherwise prepared in advance for immediate consumption. f) "Retail food establishment" has the same meaning as set forth in §254-1602(14), C. R.S., as amended, except retail food establishment does not include farmers markets and roadside markets as described in §25-4-1602(14)(j), C.R.S., as amended. g) "School" has the same meaning as set forth in §23-3.9-101(6), C.R.S., as amended. 8.50.020 Prohibited use of expanded polystyrene food containers. a) Except as provided in subsection (b), effective January 1, 2024, a retail food establishment shall not distribute an expanded polystyrene product for use as a container for ready -to -eat food in the Town. b) If a retail food establishment purchased expanded polystyrene products before January 1, 2024, the retail food establishment may distribute any remaining inventory of the expanded polystyrene products then purchased for use as containers for ready -to -eat food in the Town until the inventory is depleted. Ord 21- 05 Management of Plastic Products [July 13, 20211 Page 6 of 7 8.50.030 EXEMPTIONS. The following distribution of polystyrene product shall be exempt from this Section 8.50: a) Distribution of a polystyrene product that is regulated as a drug, medical device or dietary supplement by the Food and Drug Administration n the United States Department of Health and Human Services under the "Federal Food, Drug and Cosmetic Act 21 U.S,C. Sec 321 est seq,, as amended; and b) Distribution of a polystyrene product by a school. 8.50.040 VIOLATIONS AND PENALTIES. Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Ord 21- 05 Management of Plastic Products [July 13, 20211 Page 7 of 7 ATTACHMENT B A Guide to Sustainable Serviceware for Restaurants and Food Prep Businesses Navigating new rules in Colorado’s PLASTIC POLLUTION REDUCTION ACT plus tips for reducing plastics and saving costs. ATTACHMENT C We know you’re busy... so we’ve produced a guide to make it as easy as possible for you to avoid polystyrene products in compliance with Colorado’s new law. Beginning January 1, 2024, restaurants and food prep businesses in Colorado will no longer be allowed to use polystyrene foam (often mistakenly referred to as Styrofoam®) to serve food or beverages. So, what to use instead? Are some packaging choices better for the environment than others? How much will these alternatives cost? This guide will help you navigate your choices, including for those businesses in regions where compostable products are not accepted in the compost stream. You’ll also learn more ways your business can choose sustainable options for customers, some of which can save your business money. THANK YOU to Boulder County’s Partners for a Clean Environment for their significant contributions to this guide, and to the following communities for sponsoring the production of this guide. Inside This Guide Product Guide for Containers, Cups & Accessories page 1 This graphic guide shows you your options for packaging food, from BEST choices for the environment to WORST: Containers for Dry/Solid Foods page 2 Containers for Wet/Moist Foods page 3 Containers for Beverages page 4 Accessories page 5 How to Consider Your Options: Reduce, Reuse, Recycle, Compost & Landfill page 7 Learn more about what went into our criteria for determining what is BEST and what is WORST and find helpful tips and additional resources to make the most informed choices for your business. THE VERY BEST: Your Options for REDUCING Waste in the First Place page 8 BEST: Your Options for REUSE and Avoiding Single-Use Products page 10 • REUSABLE Product Options page 11 GOOD: Your Options for RECYCLABLE Alternatives to Disposable Products page 12 • RECYCLABLE Product Options page 13 GOOD: Your Options for COMPOSTABLE Alternatives to Disposable Products page 14 (only applicable to regions where compostable products are accepted in compost streams) • COMPOSTABLE Product Options page 15 WORST: What Must Be Landfilled & What to Avoid page 16 THE WORST OF THE WORST: The Most Important Products to Avoid page 17 1 PB Product Guide for Containers, Cups & Accessories 2 PB Durable/Washable Subscription reuse services Aluminum Many compost facilities do not accept compostable products. Check your local composting guidelines to see if these items can be composted or must be landfilled. In communities that do accept compostables, they must be certified compostable. For example: Plastic-coated papers #6 Polystyrene Black plastics and #3 PVC & #7 PC plastics RECYCLABLES COMPOSTABLES LANDFILL AVOID Containers for Dry/Solid Foods Worst choicesBest choices Encourage customers to bring their own containers for leftovers REUSABLES RECYCLABLES Recyclable plastics Recycling guidelines vary across the state. Check your local recycling guidelines to determine which plastics are recyclable. 3 PB Aluminum Recyclable plastics Recycling guidelines vary across the state. Check your local recycling guidelines to determine which plastics are recyclable. Plastic-coated papers REUSABLES RECYCLABLES COMPOSTABLES LANDFILL AVOID Containers for Wet/Moist Foods Lids containing paper must be landfilled; aluminum tin or lid is recyclable Durable/Washable REUSABLES Encourage customers to bring their own containers for leftovers Worst choicesBest choices Many compost facilities do not accept compostable products. Check your local composting guidelines to see if these items can be composted or must be landfilled. In communities that do accept compostables, they must be certified compostable. For example: Subscription reuse services #6 Polystyrene Black plastics and #3 PVC & #7 PC plastics 4 PB Durable/Washable Aluminum Glass Plastic-coated papers REUSABLES RECYCLABLES COMPOSTABLES LANDFILL AVOID Containers for Beverages Plastic Many compost facilities do not accept compostable products. Check your local composting guidelines to see if these items can be composted or must be landfilled. In communities that do accept compostables, they must be certified compostable. For example:Encourage customers to bring their own mug or cup Worst choicesBest choices #6 Polystyrene Non-recyclable plastics 5 PB Accessories UTENSILS NAPKINS STRAWS Plastic stirrers BEST OPTION BETTER OPTION WORST OPTION Reusable utensils Reusable cloth napkins No straws—provide only upon request Single-use cutlery self-selected or provided only upon request Bamboo or paper straws (self-selected) Wrapped, bundled, single-use utensils Large quantities of paper napkins Paper napkins in a dispenser or provided only upon request Plastic straws No lids—provide only upon request Lid with no straw Lid with straw LIDS 6 PB Accessories CONDIMENTS Large quantities of condiment packets automatically provided to customer Single-use condiment packets provided only upon request Customer access to bulk condiment dispensers BAGS Repurposed box or customer-provided reusable bag 100% recycled paper bag Plastic bags TOOTHPICKS No toothpicks Unwrapped wood toothpick in a dispenser Plastic toothpick STIRRERS Reusable stirrers Uncooked noodle or wooden stirrer Single-use plastic stirrers BEST OPTION BETTER OPTION WORST OPTION 7 PB VERY BEST WORST How to Consider Your Options Including Reduce, Reuse, Recycle, Compost & Landfill What is best for the environment may also be best for your bottom line! Here’s the criteria that went into determining Best and Worst in our product guide, and what to keep in mind when deciding what’s right for your business. 8 PB THE VERY BEST Your Options for REDUCING Waste in the First Place Before recycling and composting, reducing is best, and there are easy ways to do it. Environmental Considerations The best way to reduce harm to our environment caused by cutting down trees for paper, or mining or drilling for ores and fossil fuels, is to avoid the creation of packaging altogether. No packaging means no environmental destruction, and no resulting pollution. It also means a cost savings for you! It’s worth looking at where it’s possible to eliminate or significantly reduce food packaging at your business. Customer Service and Employee Retention Considerations Numerous polls and studies show that consumers want to support companies that reduce packaging and make it easy for them to make more environmentally friendly choices when purchasing items and food. Additionally, many employees take pride in knowing they work for a company that cares about doing the right thing. Financial Savings Considerations Reducing saves your business money, but exactly how much could you save? The Clean Water Action Fact Sheet provides examples of cost savings from eliminating single-use items through reuse or reduction efforts. Upstream’s Chart Reuse Tool allows businesses to calculate their actual projected savings by making the shift to reducing and/or reusing. The following chart also shows a few examples of potential reductions in costs and plastic waste by providing items by request only or by allowing customers to select the items they need rather than providing items to customers automatically.Download Break Free From Plastic’s “Hold the Plastic, Please: A Restaurant's Guide to Reducing Plastic” for ideas on training staff and promoting your plastic reduction efforts, plus other great tips on waste reduction in restaurants. 9 PB It’s Easy to Reduce Single-Use Items and Save Money • Train employees to ask customers which single-use items they need rather than automatically providing utensils, condiment packages, straws, etc. • Let customers choose the single-use items they need from utensil or condiment dispensers rather than automatically giving them out at checkout. • Provide bulk condiment dispensers instead of or alongside single-use packets for customers who are dining in or dressing their food before carrying it out. • For utensils and straws, if providing, offering them unwrapped and unbundled reduces plastic and saves money. • Share your company’s commitment to waste reduction! Educate your employees and customers about the cost and environmental benefits of reducing single-use items. Post on social media about your commitment and efforts to reduce waste. Straw $0.01 150 1 54,750 $548 27,375 $274 13,688 $137 5,475 $55 Ketchup $0.05 150 3 164,250 $8,213 82,125 $4,106 41,063 $2,053 16,425 $821 packet Utensil $0.04 150 1 54,750 $2,190 27,375 $1,095 13,688 $548 5,475 $219 packet (fork, spoon, knife) Item Cost per item*Avg. # of customers per day Avg. # of units given per customer Units provided per year Costper year Units provided per year Costper year Reduce by 50%Reduce by 75%Reduce by 90% Units provided per year Costper year Units provided per year Costper year Current Scenario *Cost based on prices for items on webstaurantstore.com as of July 2023. Re d u c t i o n S c e n a r i o s 10 PB BEST Your Options for REUSE and Avoiding Single-Use Products Providing reuse choices for your customers is easier than you might think—even for smaller businesses with limited dishwashing capacity. Environmental Considerations Investing in durable serving ware to meet the needs of “for here” customers saves water and reduces environmental impacts after only a few washes. For example, according to Upstream’s report, “Reuse Wins”: • After only two washes, stainless steel cutlery breaks even with disposable cutlery when comparing the environmental impacts of producing these items. After that, every usage increases the environmental benefits of the reusable cutlery. • Using and washing one ceramic cup 500 times consumes only 53 gallons of water compared to 500 paper cups, which consume nearly 370 gallons of water to produce. Financial Savings Considerations The average savings for small businesses switching to reusables is between $3,000 and $22,000 annually! For takeout, encourage your customers to bring their own to-go boxes or cups with the help of signage or by offering a discount for “BYO box or cup.” Some municipalities offer financial incentives to businesses that switch to reusables and/or are working with businesses that provide reusable to-go systems for restaurants. Reusable products are less susceptible to supply chain disruptions. Once your business owns the items you use (or is partnered with businesses that provide reuse systems, like Ozzi, DeliverZero, or r.Cup, which are active in Colorado), challenges in sourcing food serviceware are greatly reduced or eliminated. SAVINGS TIP: Some companies that provide reuse systems for restaurants and other food service businesses will collect dirty containers! You don’t have to own the containers OR wash them! Find service providers in Upstream’s Reuse Business Directory. 11 PB REUSABLE Product Options What to do when reusables break? When reusable/durable items break, they don’t necessarily have to be landfilled; some can be recycled through special collection programs. For example, Eco-Cycle’s Center for Hard-to-Recycle Materials (CHaRM) collects ceramics, glassware, #2 and #5 durable plastics, and scrap metal for recycling. REUSABLE Product Options Ceramic, glass, stainless steel, or durable plastic are all good options for reusables. These materials can transfer heat, so if used for serving hot food you may want to consider designs with handles, insulated walls, or other heat-mitigating elements. There are three common ways to use durable, reusable serviceware: • Purchase reusable items and clean them in-house. • Contract with a business that specializes in providing reusable serviceware. That company will provide the needed items and a drop-off collection system where your customers return them. The company will then sanitize the items and return cleaned inventory to you. Some companies will sell the inventory to you, while some will retain ownership of the inventory and there is no cost to your business; customers pay only a nominal fee. • Encourage your customers to bring their own mugs or take-out containers (that they fill themselves from a reusable “for here” plate) by offering discounts or reminding them to Bring Your Own (BYO) via social media, text message, and/or signs at your business. USEFUL RESOURCES • PlasticFreeRestaurants.org provides funds for restaurants and schools looking to switch away from single-use: plasticfreerestaurants.org/subsidy • Upstream’s report “Reuse Wins” shows how a restaurant’s choice to reuse beats single- use every time: upstreamsolutions.org/reuse-wins-report 12 PB GOOD Your Options for RECYCLABLE Alternatives to Disposable Products After looking at ways to reduce and reuse, you may prefer one of the many recyclable alternatives to polystyrene and other disposables. Environmental Considerations While reducing and reusing are best, choosing products and packaging that are recyclable is the next best thing. We say “next best,” because even if something can be recycled and kept out of the landfill, there is an environmental impact when the natural resource was extracted from the earth and the product was produced—paper comes from clear-cut forests, metals must be mined, and plastics are made from fossil fuels. But once these natural resources have been extracted, it’s critical to keep them in circulation through recycling to prevent further resource extraction. Some materials are more recyclable than others. Aluminum, steel, and glass are all infinitely recyclable. As long as customers put them in the recycling bin, they can go through the recycling process over and over again. Products made from these materials are very likely to contain recycled content. Most single-use plastics must be landfilled, but for the relatively few plastics that are recyclable, they can go through the recycling process only once or twice. When choosing plastic to-go containers, choose those that are #1 PETE, #2 HDPE, or #5 PP bottles, tubs, jars, or clamshells and avoid all #3 PVC, #6 PS, or #7 PC items, as well as those made from black plastics. Most paper products used in the food industry will be plastic-coated and therefore not recyclable. If purchasing plastic or paper, choose products that include post- consumer recycled content and avoid paper products coated with plastic. Cost Considerations This toolkit does not measure single-use materials by cost, since cost for items varies by brand and as markets shift. The up- front cost of reusable products is higher than recyclable containers, but multiple studies have shown that replacing single- use items with reusables and/or reducing the number of single-use items provided per transaction can save cafes, food trucks, and restaurants thousands of dollars per year! 13 PB RECYCLABLE Product Options Aluminum Soda cans, food tins, foil, and other aluminum items are infinitely recyclable. Cans should not be crushed. Aluminum foil or food tins should be empty and rolled into balls 2" or larger in diameter before placing in the recycling bin. Automatic sorting equipment at recycling facilities separates flat, two-dimensional items (such as paper) from three-dimensional items (such as containers). Flattened aluminum can be missorted into the paper! Glass Glass bottles and jars (like pickle or salsa jars) are also infinitely recyclable and can be recycled in most (but not all) places in Colorado. Be sure to put metal lids that are larger than 2" in diameter in recycling SEPARATE from the glass jar so each material goes to the correct market. Drinking glasses and canning jars cannot be recycled in curbside bins because they do not melt at the same temperature as single-use bottles and jars. Recyclable plastic (#1 PETE, #2 HDPE, #5 PP) Look for products that include post-consumer recycled content. Small plastics like condiment cups are too small to be recycled. Attach plastic lids to empty plastic containers or jars before recycling. Recycling facilities around the state vary in their ability to accept some plastics. Check local guidelines to see what is recyclable in your area. Recycle It Right! If choosing recyclable materials for your business, it helps to make recycling as easy as possible for your customers! Recyclable single- use products that are landfilled waste valuable resources, and those that are recycled with large amounts of food contamination cause problems in recycling systems. It is critical to provide well-marked recycling collection bins with signage to capture recyclable materials. USEFUL RESOURCES • Eco-Cycle’s Quick Guide to Plastics helps you know which plastics are better and which should be avoided. 14 PB GOOD Your Options for COMPOSTABLE Alternatives to Disposable Products Note: This option only qualifies as “good” if your business is in a community that is able to compost certified compostable products. If you are in a community that cannot accept these materials (which currently includes most communities along the Front Range, the Eastern Plains and Western Slope, and many in the Mountains), please consider recyclable or reusable alternatives. Environmental Considerations Like with recyclable options, all single-use materials have environmental impacts when they are produced. Even if they can be composted and kept out of the landfill, we still have to consider these impacts. In the case of certified compostables, paper comes from clear-cut forests, and plant-based plastics are often made from plants grown specifically to produce compostable products, requiring pesticides, petrochemical fertilizers, fuel for farming equipment, and lots of water. Some compostable products, however, are made from repurposed byproducts of other industrial processes, such as bagasse made from sugarcane processing. One example of these environmental impacts for a compostable item can be found in chopsticks. The equivalent of 3.8 million trees go into the manufacture of about 57 billion disposable pairs of chopsticks annually in China alone. About 45% of disposable chopsticks are made from trees like cottonwood, birch, and spruce, while the remainder are made from bamboo, which is technically a grass. Cost Considerations This toolkit does not measure single-use materials by cost, since cost for items varies by brand and as markets shift. The up-front cost of reusable products is higher than single-use, but multiple studies have shown replacing single-use items with reusables (like reusable chopsticks) and/or reducing the number of single-use items provided per transaction can save cafes, food trucks, and restaurants thousands of dollars per year! 15 PB Check Your Local Compost Guidelines In an effort to reduce plastic contamination in compost streams due to products mislabeled as compostable, compostable products (even those that are certified compostable) are currently not accepted by the primary Front Range compost facility, nor in many other parts of the state, and must be landfilled. Check with your local compost haulers/facility to learn what types of compostable products they accept (if any) or if these products must be landfilled in your area. Compostable Product Options If your community accepts compostable products for industrial composting, select only certified compostable products that are accepted by your local compost facility. Look for a trusted certification logo such as BPI (Biodegradable Products Institute) or CMA (Compost Manufacturing Alliance). Avoid products labeled “biodegradable,” “oxo-degradable,” “degradable,” “decomposable,” “bio-plastic,” or “plant-based” and those that make vague marketing claims that are not certified by a third party. These badly marketed products are NOT compostable. COMPOSTABLE Product Options USEFUL RESOURCES: • Eco-Cycle’s Clean Compost Campaign toolkit provides everything you need to generate clean compost for communities where compostable serviceware is not accepted. • Eco-Cycle’s Compost Guidelines Poster for Restaurants for areas that do NOT accept compostable products can be downloaded, printed, and posted above your compost bins. 16 PB WORST What Must Be Landfilled & What to Avoid Disposables bound for the landfill aren’t a necessary evil—they can largely be avoided. Environmental Considerations Unfortunately, most of the disposable products that make their way into American trash bins have a dark history and a sad future: They’re mostly made from finite, nonrenewable natural resources such as natural gas and petroleum. Even “renewable” resources like trees often come from clear-cut forests that were part of a whole ecosystem that provided habitat and helped reverse climate change by sequestering carbon. The production and disposal of disposable products, especially plastics, are clogging up our waterways and oceans, killing wildlife, adversely impacting our climate, impacting the health of humans, and taking tremendous tolls on ecosystems. Containers and packaging alone contribute over 23% of the material reaching landfills in the US. A recent study found that 18% of ocean plastics are plastic food containers, cutlery, straws, and wrappers. An estimated 40 BILLION non-recyclable, petroleum-based plastic forks, spoons, and knives are used every year in the United States alone! So much of this material will wind up in our environment, where it will remain indefinitely, likely breaking up into microplastics that can make their way into our soil, water, and bodies. Cost Considerations This toolkit does not measure products by cost, since cost for items varies by brand and as markets shift. The up-front cost of reusable products is higher than disposable items, but multiple studies have shown replacing disposable items with reusables and/or reducing the number of single-use items provided per transaction can save cafes, food trucks, and restaurants thousands of dollars per year! USEFUL RESOURCES Eco-Cycle’s Landfill Guidelines can be downloaded, printed, and posted above your landfill (trash) containers. 17 PB THE WORST OF THE WORST: The Most Important Products to Avoid Black Plastics Black plastics are very hard, if not impossible, to recycle, as markets do not want to buy black plastic; the dark pigment makes it so that it cannot be recycled into anything other than more black plastic. #6 Polystyrene Both #6 PS (polystyrene) plastic and polystyrene foam (sometimes incorrectly called by the brand name Styrofoam®) is a plastic made up of multiple styrene molecules, and is one of the worst plastics for the environment and human health. Over fifty chemical byproducts are released during the manufacturing of polystyrene, contaminating the air, water, and communities of people who work in and live near these facilities. The US Department of Health and Human Services identifies styrene as “reasonably anticipated to be a human carcinogen,” and reports that styrene exposure is linked to “increased risks for leukemia, lymphoma, or all lymphohematopoietic cancer.” Because it is lightweight, it is commonly blown or washed into the environment and small pieces of it can easily be mistaken for food, particularly by aquatic animals. #3 PVC and #7 PC Plastics Along with #6 PS (polystyrene) and black plastic, #3 PVC (polyvinyl chloride) and #7 PC (polycarbonate) plastics are considered among the most toxic plastics to produce, and the most difficult to recycle. Their toxic components pose multiple health risks to humans and other organisms. The components of #3 PVC have been evidenced to be a carcinogen that can cause rare liver cancer, disrupt male endocrine systems, cause short-term lung irritation and dizziness, induce reproductive and birth defects, impair child development, and suppress one’s immune system. Often #7 PC contains highly dangerous BPA (Bisphenol A). Lab tests show that BPA appears to copy or disturb the hormone estrogen and affect the reproductive system, which could raise the risk for cancer. Cling wrap is an example of a #3 PVC plastic 18 PB Recycling and Compost Guidelines Recycling and compost guidelines will vary across the state. Your local community, recycling operator, or recycling/compost/trash hauler can provide information on what materials are recyclable or compostable where you live. They should also be able to provide signage to place above collection bins to educate your customers and employees on how to properly sort their materials. Guidelines can also be printed from ecocycle.org, but note that these are guidelines for Boulder County and may not correctly reflect the list of materials accepted in your area. Not sure whether the polystyrene foam ban applies to your business, or have more questions about the new Colorado law? Visit ecocycle.org to find our PPRA toolkit with all the information and tools you need to navigate and benefit from Colorado’s new law. recycle@ecocycle.org 303-444-6634 recycle@ecocycle.org © 2023, Eco-Cycle, Inc. Published August 2023. HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, NOVEMBER 14, 2023 IN PERSON AT AVON TOWN HALL HEALTH AND RECREATION COMMITTEE MEETING MINUTES, NOVEMBER , 2023 PAGE 1 | 7 1. ROLL CALL Present- Committee Members: Committee Chair Kevin Hyatt, Committee Vice Chair Pat Nolan and Committee Members Kathy Ryan, Lisa Post, Pam Warren, and Nancy Tashman (phone) Staff: Recreation Director Michael Labagh, Aquatics Superintendent Kacy Carmichael, Recreation Services Superintendent Jerrica Miller and Recreation Programs Supervisor Luke Herron Absent- Councilor RJ Andrade, Councilor Ruth Stanley Committee Chair Kevin Hyatt opened the meeting at 10:03 a.m. 2. APPROVAL OF THE AGENDA Committee Member Kathy Ryan motioned to approve the agenda and Committee Vice Chair Pat Nolan seconded the motion to approve the agenda. Committee Chair Kevin Hyatt declared the agenda approved. 3. APPROVAL OF THE SEPTEMBER 2023 MEETING MINUTES Committee Member Lisa Post made a motion to approve the minutes from the September 12, 2023 meeting and Pam Warren seconded the motion. Committee Chair Kevin Hyatt declared the minutes approved. 4. PUBLIC COMMENT No public comments were made. 5. BUSINESS ITEMS 5.1 Recreation Department Update Recreation Direction Michael Labagh provided the Committee with an update on the Recreation Department programming including the Pumpkin Fun Run, MVPeeWees (preschool sports), Lifeguarding, Lifeguarding Instructor, First Aid/CPR/AED and Babysitter’s Training. Recreation Programs Supervisor Luke Herron spoke about the Pumpkin Fun run, explaining the pumpkin pie eating contest, the pumpkin patch and described it as a successful event. Recreation Director Michael Labagh reminded the Committee of the Super Dad Fun run in the Spring, explaining that the Town and Beaver Creek run the large events in the Town, and the Recreation Department will focus on smaller community-based events/programs. Recreation Programs Supervisor Luke Herron explained that the Vail Valley Foundation was not going to run their annual Turkey Trot, so the Town of Avon Recreation Department stepped in to put it on this year. A percentage of the proceeds will benefit YouthPower365. The community has come together to make it possible, including food and beverage donations from several local businesses. Over 100 people are already signed up with two different race options, a 5km and a 2km route. Estimated revenue is $2,000-$6,000. The race will be held at 9:30 a.m. on Thanksgiving Day with check in at the Avon Recreation Center and the starting line at the Performance Pavilion in Harry A. Nottingham Park. Recreation Director Michael Labagh explained the logistics of the race will be as simple as possible so there is the least amount of impact to staff and the community. HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, NOVEMBER 14, 2023 IN PERSON AT AVON TOWN HALL HEALTH AND RECREATION COMMITTEE MEETING MINUTES, NOVEMBER , 2023 PAGE 2 | 7 Recreation Director Michael Labagh spoke about the Winter Sports Conditioning class being added as a free option for all facility users. He informed the Committee that the new Yoga Alignment Workshop has started and there are 5 participants signed up. Recreation Director Michael Labagh stated the ice-skating opening date is ideally the end of December during the holidays but realistically it depends on the weather. Recreation Services Superintendent Jerrica Miller explained to the Committee how the Kids Swim Night Out is structured and provided the upcoming dates. The event can support up to 25 kids aged 5-12 years old. She also spoke about new fitness classes specifically geared toward older adults. Recreation Director Michael Labagh updated the Committee on the October facility closure which included deep cleaning, LED light upgrades in the fitness area and some in the pool area. The Family Change rooms required plumbing repair, and contractors were coordinated for updates to the steam room, sauna, water slide stairs and weight room mirrors. Recreation Director Michael Labagh gave an update on admissions revenue, explaining that October is usually a month with lower revenue due to long maintenance closures, but not 2023 since the Recreation Center was only closed for a week. Aquatics Superintendent Kacy Carmichael shared with the Committee that Aquatics Supervisor Zak Kornhauser was the 2023 recipient for the Colorado Parks and Recreation Association (CPRA) Aquatics Professional of the Year. He received the award by surprise at the CPRA Awards banquet in front of approximately 500 parks and recreation professional peers. Recreation Director Michael Labagh shared that Kevin Wilkinson, Recreation Services Coordinator has departed from his position with the Town but have been able to hire his replacement, Daniel Griffith. The Department is hiring for three full-time positions, two full-time Aquatics Coordinator positions, and one Recreation Programs Coordinator. Staff informed the committee that these staffing shortages may lead to facility hours requiring operational adjustments. Recreation Director Michael Labagh shared a slide explaining adjusted facility hours for the holidays and opened the floor for questions. The Committee commented/inquired: A. Committee Vice Chair Pat Nolan informed the Committee that the Turkey Trot traditionally had a prize for best costume. a. Recreation Programs Supervisor Luke Herron thanked her for the information and said prizes are a possibility due to several donations from local businesses. B. Committee Member Kathy Ryan inquired if the event would become a permanent event for the Town. a. Recreation Director Michael Labagh explained that is yet to be determined. C. Committee Member Nancy Tashman commented that she thinks this is terrific that the Town host a Turkey Trot. D. Committee Member Kathy Ryan inquired about snow conditions, and asked if there will there be plowing? HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, NOVEMBER 14, 2023 IN PERSON AT AVON TOWN HALL HEALTH AND RECREATION COMMITTEE MEETING MINUTES, NOVEMBER , 2023 PAGE 3 | 7 a. Recreation Program Supervisor Luke Herron explained the race will be run in all weather conditions. Recreation Director Michael Labagh explained that all participants will sign a liability waiver. E. Committee Member Pam Warren thanked Recreation Director Michael Labagh for the Winter Sports Conditioning class because she really appreciates the return of this class. F. Committee Vice Chair Pat Nolan inquired about a movement and music class. a. Recreation Director Michael Labagh stated that it needs to be added to the schedule and advertised. G. Committee Member Pam Warren inquired about the anticipated revenue for the Black Friday seasonal membership sale. a. Recreation Director Michael Labagh estimated $60-90K for the sale. H. Committee Member Kathy Ryan inquired if there is a punch card discount for Seniors. a. Recreation Director Michael Labagh explained that Avon resident vs. non-resident is the current tier system, and the punch cards are not discounted by age group. I. Committee Member Pam Warren inquired about how Silver Sneakers reimburses the Recreation Department. a. Recreation Services Superintendent Jerrica Miller explained that Mike Atencio, Recreation Services Supervisor invoices Silver Sneakers and they reimburse what the Recreation Department would typically charge. 5.2 La Zona Planning Project Update Recreation Director Michael Labagh provided an update on La Zona Planning Project. The Town has several priorities including affordable housing, building a childcare facility and a public operations facility, so the Recreation Center portion of the La Zona project is put on pause for now. He stated that the benefits of working on La Zona are the resources that came from the designers and architects including scaled building maps. He also stated that this is the furthest progress ever made on a Recreation Center expansion initiative and it can be pursued again in the future. Recreation Director Michael Labagh explained as well that with continued increase in attendance at the Recreation Center, there have been instances of turning people away from using the fitness area and the pool area because of the volume of people. The Committee commented/inquired: J. Committee Member Nancy Tashman inquired if the defeat of the construction tax had to do with the decision to not move forward with La Zona? a. Recreation Director Michael Labagh replied that no, that is not the reason. The Town does not want to ask the residents for a general obligation bond to expand the Recreation Center but they have explored government financing options. K. Committee Member Pam Warren inquired about scheduling for public use of the Recreation Center because she appreciates having a guaranteed workout area, such as a lap lane to swim in. a. Recreation Director Michael Labagh explained that a reservation system is not currently in place but could be discussed by staff as a future possibility. HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, NOVEMBER 14, 2023 IN PERSON AT AVON TOWN HALL HEALTH AND RECREATION COMMITTEE MEETING MINUTES, NOVEMBER , 2023 PAGE 4 | 7 5.3 Eaglebend Pocket Park Transformation Project Update Recreation Director Michael Labagh provided an update on the Eaglebend Pocket Park, explaining that the November community meeting has been postponed to January 2024. The park looks better than it did in the past because the contractors were required to repair and improve the area for the interim. Some of the feedback from attendees was that they didn’t know the land was a Town of Avon public park. He also shared that the neighborhood does not have as many children as it used to, and the park needs better wayfinding signage. Survey results included: 22 responses, 81% were full time residents, 77% lived in the Hurd Lane/Eaglebend neighborhood, 50% have used the park, most used the park a couple times a week or per month. A slide, swings, monkey bars, and play structure were favored ideas. The Committee commented/inquired: L. Committee Member Nancy Tashman inquired about the attendance at the September community meeting. a. Recreation Director Michael Labagh shared that about 20 people were there with their children. There were more questions about the new housing development than the pocket park. M. Committee Member Nancy Tashman inquired about the vision board and what ideas came from it. a. Recreation Director Michael Labagh shared that water features/spray park ideas were popular as well as monkey bars, slides, swings, multiuse play structure, and a dog park. 5.4 Health & Recreation Committee 2024 Schedule and Update Recreation Director Michael Labagh presented a slide explaining that the Health & Recreation Committee is setup as an ad hoc committee in the Town and it is set to expire at the end of January 2024. In January 2024 the committee can be renewed by the Town Council. It could be possible to make this Committee permanent with limited terms of service. If renewed, new member recruitment would occur in January and February 2024. He shared the 2024 Proposed Meeting Schedule: Every other month, third Tuesday, 10:00 a.m.-11:30 a.m. • January 16 • March 19 • May 21 • July 16 • September 17 • November 12 (second Tuesday) The Committee commented/inquired: N. Committee Member Pam Warren inquired what the Town Council thinks of the Committee? Would it be easy for Town Council to support? HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, NOVEMBER 14, 2023 IN PERSON AT AVON TOWN HALL HEALTH AND RECREATION COMMITTEE MEETING MINUTES, NOVEMBER , 2023 PAGE 5 | 7 a. Recreation Director Michael Labagh said that the Town Council was supportive 2 years ago when La Zona started. Director Michael Labagh shared his opinion that he feels that the Committee is valuable because the members use the Recreation Center facility and parks and can provide relatable insight to staff and guests. The committee promotes citizen involvement and provides an outlet for the community to be heard. He would like the Committee’s help implementing a new scholarship program in the future as well. O. Committee Member Pam Warren suggested that the Committee analyze what topics the community wants to discuss. Some topics would be better discussed during a weeknight evening, while others are available to discuss topics in the mornings. a. Recreation Services Superintendent Jerrica Miller suggested a round robin type of discussions, one meeting for Recreation Services, then Aquatics, then Programs, etc. P. Committee Member Kathy Ryan stated a concern that the community members do not feel heard. a. Recreation Director Michael Labagh responded by asking Committee Member Kathy Ryan for her suggestions on how to change that perception. b. Committee Member Kathy Ryan responded that people need to see where community input actually worked and produced the change they were seeking. c. Committee Member Lisa Post inquired of Committee Member Kathy Ryan if she believes the Town Council doesn’t listen to community feedback and Kathy confirmed. d. Committee Member Pam Warren shared that the Avon Swim Club’s engagement with Town Council was emotionally moving and a great example of reaching the Town Council with community supported ideas. The swim team did a great job from the parents to the coaches to the children speaking about their need for a new swimming pool. e. Committee Member Kathy Ryan said that the Town Council needs to be reminded that they failed to build restrooms in the park. Q. Committee Member Pam Warren recommended that the Turkey Trot will be a win and it needs to be leveraged in favor of Recreation initiatives. R. Committee Member Nancy Tashman brought up the issue with parking at Avon Elementary School (AES) for pickleball and sun shading in front of the courts for people waiting to play. a. Recreation Director Michael Labagh stated that the parking issue at AES is on the list of items to be discussed moving into next summer. S. Committee Member Kathy Ryan stated that the pickleball court development planning should have anticipated a parking issue. The Town of Avon puts things in without considering the ramifications. T. Committee Member Pam Warren expressed that she feels the parking issue is out of hand and will get worse when a skate park is built. a. Recreation Director Michael Labagh suggested more information posted online about what the Committee is discussing and working on. b. Committee Member Pam Warren suggested a monthly update put in the Vail Daily to engage the community. Take credit for the work being done and let residents and users know that they are heard. Also share who to talk to on the staff and provide feedback. Give people a venue for communication to put the Town Council on notice. The parking on Beaver Creek Blvd was a win. HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, NOVEMBER 14, 2023 IN PERSON AT AVON TOWN HALL HEALTH AND RECREATION COMMITTEE MEETING MINUTES, NOVEMBER , 2023 PAGE 6 | 7 c. Committee Member Nancy Tashman requested that the topics of the meeting need to be posted so people know when to come and share feedback. Also, the pickleball courts are world class and greatly appreciated. d. Recreation Director Michael Labagh shared praise for Recreation Services Superintendent Jerrica Miller’s response to the feedback about pickleball and implementing operational adjustments. U. Committee Member Kathy Ryan shared that the parking for Nottingham Park’s amenities are too far away for less mobile older adults. V. Committee Member Pam Warren requested a comment section to be added to the website that is easy to use. a. Recreation Director Michael Labagh showed the Committee the Avon.org website and the current public comment feature. W. Committee Member List Post pointed out that the Town Council members are both absent and are inconsistent with attendance to the Health & Recreation Committee. Is this because La Zona has been tabled, and what are their requirements? a. Recreation Director Michael Labagh explained that Town Council members are on several committees and it’s possible that the timing doesn’t work well for their schedules to attend all meetings. For example, there is a Town Council meeting tonight. Committee meeting days and times can be adjusted based on member availability. b. Committee Member Lisa Post said that the Town Council members prioritize the finance committee, but not the Health & Recreation Committee. Their absences is noted. Committee Member Lisa Post expressed her disappointment that she has made the effort to attend every meeting and would like to see Town Council members respectfully make the same effort. c. Committee Member Pam Warren agreed with Committee Member Lisa Post that the Town Council is not prioritizing Health & Recreation Committee meetings. X. Recreation Director Michael Labagh inquired of the Committee what time of day works for them. a. Committee Members said they can be flexible if they can plan ahead and the meetings do not overlap with their favorite exercise classes or jobs. b. Committee Vice Chair Pat Nolan expressed that she does not prefer evening meetings, but she appreciates that an evening meeting may increase community engagement. Y. Committee Member Nancy Tashman inquired about the fee structure. a. Recreation Director Michael Labagh shared the history of the fee structure and explained that Avon Recreation fees are the most affordable in the area. There are seven communities used for comparison that are similar in their demographics and are resort towns. The next move is to tier the prices for Avon residents vs. non-residents. The plan to create new cost recovery goals is in progress and will be discussed at the next Health & Recreation Meeting. 6. Other Business and Committee Member Comments The Committee had no additional business items. HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, NOVEMBER 14, 2023 IN PERSON AT AVON TOWN HALL HEALTH AND RECREATION COMMITTEE MEETING MINUTES, NOVEMBER , 2023 PAGE 7 | 7 7. ADJOURNMENT Committee Chair Kevin Hyatt motioned to adjourn, and Committee Member Lisa Post seconded the motion. Committee Chair Kevin Hyatt declared the meeting adjourned at 11:26 a.m. Respectfully Submitted by Kacy Carmichael Aquatics Superintendent 970-748-4446 mlabagh@avon.org Page 1 of 1 TO: Honorable Mayor Amy Phillips and Council members FROM: Michael Labagh, Recreation Director RE: Avon Turkey Trot Race Recap DATE: December 5, 2023 SUMMARY: Recreation Department staff were informed that the EagleVail Turkey Trot 5k race was taking a one-year hiatus. Recreation programs staff approached the event producer, the Vail Valley Foundation, and offered to put on the race in their absence. The Recreation Department was able to host a 2k and 5k race in Harry A. Nottingham Park and along the Eagle Valley Trail, with help from Town Staff, volunteers and local businesses. BACKGROUND: The EagleVail Turkey Trot 5k race has been a staple in the community for the last several years. The race is usually produced by the Vail Valley Foundation and benefits YouthPower365. Even though Recreation Department Staff took the lead on event planning and management, a percentage of the proceeds will continue to benefit YouthPower365. After confirming the race could be held in Harry A. Nottingham Park, Staff spent approximately 4 weeks planning the event, securing sponsors and recruiting volunteers. ANALYSIS: There were 604 registrants for the 5k and 2k races combined with approximately 700 people in attendance. The Town made $11,795 in race revenue and will donate $2,948.75 (25%) to YouthPower365. The Town spent $3,800 on the event which included race day staffing, general supplies and advertising expenses. In-Kind costs included all donations by local businesses and totaled $1500 in value. More information and analysis can be found in the Post Event Brief in Attachment A. RECOMMENDATION: I recommend partnering with the Vail Valley Foundation and local businesses to support a community based, Thanksgiving Day race in Avon and/or the immediate area. Thank you, Michael ATTACHMENTS: Attachment A – Avon Turkey Trot Post Event Brief Attachment B – Avon Turkey Trot Flyer POST-EVENT BRIEF EVENT OVERVIEW EVENT NAME DAY/DATE AND TIMES PRODUCER Avon Turkey Trot 2k & 5k Race Thursday November 23rd, 2023 Check-In 8:30AM Race 9:30AM Event end 11:00AM ☒Town Produced ☐3rd party _______________ LOCATION ESTIMATED ATTENDANCE/FREE OR TICKETED WEATHER DURING EVENT Harry A. Nottingham Park Performance Pavilion 604 registrants, 700+ people/spectators, $11,795 race fee revenue Air Temp: 30-40 Degrees Overcast weather BRIEF EVENT DESCRIPTION The annual YouthPower365 EagleVail Turkey Trot took a one-year hiatus, so this year the Town of Avon was proud to host a 2K and 5K race in Harry A. Nottingham Park to provide a fun and healthy way for our community to gather this Thanksgiving. The Avon Turkey Trot is a 2K or 5K Run/Walk with costumes highly encouraged. EVENT DETAILS CASH FUNDING IN-KIND FUNDING: ESTIMATED COST ALCOHOL SERVED $3,800 for advertising, event supplies and staffing $1500 in donations ☐Yes, Town Served ☐Yes, BYOB ☐Yes, S.E. Permit ☒No STAFF OBSERVATI0NS/RECOMMENDATIONS Functioned Well: •Collaborative planning effort •Marketing efforts •Sponsorships •Venue and racecourse •Running clock (timing) •Parking options •Weather •Race day volunteers •Online registration and digital waiver collection •Speaker system for festive music and announcements •Course amenities (signage, water, etc.) Areas for Improvement/Adjustment •Racecourse – out and back proved difficult with amount of people who registered o Racers running on Beaver Creek Blvd ▪Add cones along Beaver Creek Blvd to park entrance along bike path. Add volunteers to this location. o Close Avon Elementary School (AES) parking lot for enhanced route and safety ▪Route 2k traffic through AES drop off circle and parking lot o Add cones, separating 2k and 5k traffic to Northwest bridge in park ▪Volunteer was present but not enough to split traffic in this section •Provide race bibs •Provide race gift to pre-registered participants ATTACHMENT A Page 2 • Wristband registration verification was well intended but proved challenging • Ran out of food and beverage (donated items) • Expand sponsorship opportunities • Increase event planning time Marketing Promotions & Communications • Email list communication: Avon Recreation Department Constant Contact marketing email list, Vail Valley Foundation email blast, Vail Valley Partnership email blast • Vail Daily Print, Digital and Social Media Ads • Sponsored social media posts - reached 10,000 people o November 1 – 23 campaign o High “click rate” o 400+ engagements o Top demographic ages 35-44 • Radio ads • Event flyers posted Minturn to Edwards - $100 • Vail Daily Ads – English and Spanish • Word of mouth – EagleVail Turkey Trot past participants • Sponsorships o Cash contribution ▪ FirstBank - $100 ▪ Schaeffer Hyde Construction - $250 o Sponsors/Raffle/Race Prizes ▪ Peak Performance Footwear – Gift Cards ▪ Liberty Skis – Ski Poles ▪ Bob's Place – Gift Cards ▪ Village Bagel - Gift Cards ▪ Grass Sticks Ski Poles - Gift Cards ▪ The Westin Riverfront Resort and Spa - Stoke & Rye Gift Card ▪ Vail Mountain Coffee & Tea – Bags of coffee ▪ Dogma Athletica – Training Equipment ▪ Lululemon – Gift Card and Apparel ▪ Axis Sports Medicine – Apparel ▪ Ptarmigan Sports – Gift Card ▪ Always Mountain Time Mountain Network ▪ 104.7 the MILE KKVM VAIL ▪ Float Dream and Spa – 20% off coupon and Gift Cards ▪ Starbucks Coffee – Coffee for event ▪ Blue Moose Pizza – Cookies for event ▪ Northside Café– Donuts for event ▪ Vail Recreation District (VRD) – Inflatable race arch and course signage Staffing • 2 full-time staff on race day • 10 race day volunteers Page 3 Event Maps & Photos 5k Course 2K Course Page 4 Page 5 Thank you, Luke Herron Recreation Program Supervisor AVON TURKEY TROT 2K&5K Harry A. Nottingham Park Thanksgiving Day - November 23 Race check in begins at 8:30 AM at the Avon Rec Center Pre-Run Stretch: 9:15-9:25 AM, Race 9:30 AM A percentage of proceeds benefits YouthPower365 2K- $10 per person, $20 per family, 5K- $20 per person Costumes are highly encouraged! THANK YOU TO ALL OF OUR PARTNERS AND LOCAL BUSINESS WHO MADE THIS EVENT POSSIBLE! ATTACHMENT B CASE COMMITTEE MEETING MINUTES THURSDAY, NOVEMBER 16, 2023 IN PERSON AT AVON TOWN HALL CASE COMMITTEE MEETING MINUTES, 16 NOVEMBER 2023 PAGE 1 | 4 1. ROLL CALL Present: Committee Chair Doug Jimenez, Committee Member Danielle McNair, Lisa Mattis, Thomas Walsh and Justin Chesney and Town Council Member Ruth Stanley Staff: Culture, Arts & Special Events Manager Danita Dempsey, and Special Events Coordinator Chelsea Van Winkle Absent: Committee Member Pedro Campos and Calyn Rieger and Town Council Member Lindsay Hardy Committee Member Lisa Mattis joined at 12:35 p.m. The meeting was called to order at 12:33 p.m. 2. PUBLIC COMMENT No public comments were made. 3. MINUTES Committee Member Thomas Walsh motioned to approve the minutes from October 19, 2023. Committee Member Justin Chesney seconded the motion and it passed unanimously. 4. STAFF UPDATE Council and CASE Work Session Review CASE Manager Dempsey went through the committee packet (available at Avon.org) including a quick recap on the CASE & Council Work Session. Council supported removing Summer’s End, adding budget to begin crating collateral for Best of the West and Heart & Soul, funding for XTERRA and the large format mural. Council raised the question of the local car show, and they supported the idea. Regarding the Car Show, Danita explained we have an employee who has done a car show in Leadville since 1992. We met with him on November 6th and have made a recommendation to Town Manager that we support it with in-kind services. We have targeted the 4th weekend of August on Saturday which works with our long-term calendar. We don’t feel like he will need a lot of resources but will need Chelsea and my expertise. Traditionally the car show allows all cars, all trucks, motorcycles, etc. We also received direction from Council that we can reallocate the proposed funds from Summer’s End and put towards additional marketing. XTERRA is not able to come Avon/BCRC in 2024. Beaver Creek Resort Company made the decision to not offer the dates they have historically occupied and instead offered late June dates although trails do not open until July 1. We offered West Avon Preserve trails for consideration, however, XTERRA felt these trails may not be sufficient. Therefore, $15,000 went back into the budget. The Committee commented/inquired: A. Will the car show be a vintage car show? CASE COMMITTEE MEETING MINUTES THURSDAY, NOVEMBER 16, 2023 IN PERSON AT AVON TOWN HALL CASE COMMITTEE MEETING MINUTES, 16 NOVEMBER 2023 PAGE 2 | 4 B. High country cars and coffee would maybe be someone to look at to also put on a car show. May be someone to connect Vern with. C. Will we fill that hole from XTERRA? CASE Manager Dempsey we currently don’t have anything to fill that hole but if something came up, we could fill it. Three RFPs will be released soon, and one includes the XTERRA dates. Third Party Producers Events Summary and Debriefs CASE Manager Dempsey reviewed updates of third-party producers and their post event debriefs. The first update was that Copper Triangle has approached us to bring the event to Avon and after speaking with the producer, we feel that it would be a good fit. We would offer them in-kind services and they would start and finish in Nottingham Park. A new development Vail Valley Brew Au’s non-profit partner Vail Valley Charitable will no longer be a partner for the event as it is no longer a fit for the brand. We are waiting to hear back from Adam Bey, the owner of Happy Hour Entertainment to see what he would like to do to move forward. We did an analysis of each third-party producer and the cost per attendance and reviewed each producer. CASE Manager Dempsey reviewed the Third-Party Event Producer recap slides (available at Avon.org) which included what went well and improvements for each event. The Committee commented/inquired: A. Vail when they give funding also has a clause that all lodging must be in Vail. B. Do you think that the length of the show is a deterrent for people coming to Dancing in the Park? C. I like Celebrate the Beat as it adds families from the community. D. I felt like the content was better this year, more engaging. E. There was competition against Man of the Cliff with the new Bluegrass Festival in Vail. Was the Bluegrass Festival successful? F. Man of Cliff is a really unique community. I believe the event has great value but making it more sustainable is a challenge. I think it adds to the community and community flavor, it hits that, and I just love it! G. It depends on what we are looking at, does it need to be profitable, or does it need to hit community? H. Are the extra funds from XTERRA, is there a way we could support Man of the Cliff and give it more traction? I. The town support is for marketing and equipment for Man of the Cliff. J. Is there another tournament we could bring in? K. Are beer festivals just not as popular anymore? L. What is the right bang for our buck? We need to create a framework to how these events fit, and our dollars are being used well. CASE Manager Dempsey responded and said that in discussion with the VVF a few years ago, the dancers can’t handle any extra length of time above the 90-minute show. We talked to them this year about them only promoting the Vail Dance Festival in Vail and then thanked Avon at the last minute and they were very receptive and understanding. We can ask for an additional time extension. CASE COMMITTEE MEETING MINUTES THURSDAY, NOVEMBER 16, 2023 IN PERSON AT AVON TOWN HALL CASE COMMITTEE MEETING MINUTES, 16 NOVEMBER 2023 PAGE 3 | 4 I don’t believe that the Bluegrass Festival was a detractor, but it was very successful, and they will continue it. My intuition says it’s not a funding issue. The owners are passionate and can’t imagine life without this event but also are juggling a lot with other businesses, family, etc. I don’t want to fix something that is not broken, we have the charge from council that “we want community” and we have hit that. We mostly look at brand fit but also consider the financial health of the event/organization. I don’t think our process or criteria are broken. Town of Avon Events Summary and Debriefs CASE Manager Dempsey reviewed the post event summary process and noted the team does an event debrief after every event. Research Cultural Plans CASE Manager Dempsey went through the proposed travel schedule for the CASE Staff and Committee Members to do research into creating our cultural plans. Between the team and Pedro, we felt these top five locations would best fit our goals and desires for Avon and asked for initial thoughts. We will try and get dates so you can reserve space in your calendars as soon as possible. The Committee commented/inquired: A. What towns have “grown” quickly like Avon? Salida, Buena Vista and Silverthorne. B. We all know what these places “have” and how we want to incorporate those into Avon. C. Looking at more performing arts facilities and locations. D. I am excited to look at these places and bring something back that can help us decide what fits best for our community. E. Why is there nowhere around the Vail Valley that brings Dia Da Los Muertos? CASE Manager Dempsey then reviewed our 2024 goals for CASE which goes hand in hand for us to help build capacity in the Vail Valley Art Guild, and when the time comes, have the old fire station be a Cultural and Arts facility. I think our portfolio for events is settled but now, is the same approach to arts and culture and the process and struggle on what fits best here in Avon. CASE Committee Members & Terms CASE Manager Dempsey went through the committee seats are open and those are Doug Jimenz and Pedro Campos. We will have two seats open and the application process will start in mid-December. We are going to take a hard look at the questions and what the committee make up looks like as we look at culture and arts more than events. There will be a press release, listed on the website and will go directly to past committees. Danita asked the Committee to consider if there are individuals that they know who could provide the right skill set for what we are charged with in the coming years. 2024 CASE Committee Regular Meeting Schedule CASE Manager Dempsey went through the meetings schedule which is the third Thursday of every month at 12:30pm. CASE COMMITTEE MEETING MINUTES THURSDAY, NOVEMBER 16, 2023 IN PERSON AT AVON TOWN HALL CASE COMMITTEE MEETING MINUTES, 16 NOVEMBER 2023 PAGE 4 | 4 The Committee all agreed that the schedule looks good. 5. CLOSING COMMENTS I think it is really cool and funny that the Zamboni sank in Avon lake, could we do something like they do in Dillon on the lake. 6. ADJOURNMENT The meeting was adjourned at 2:04 p.m. Respectfully submitted by: Chelsea Van Winkle Specials Events Manager 970-748-4021 pmckenny@comcast.net TO: Honorable Mayor Phillips and Council members FROM: Patty McKenny, Deputy Town Manager RE: Grants Program Update DATE: December 7, 2023 SUMMARY: The purpose of the written report is to provide an update about the town’s grant program. A number of departments have been working on grants in 2023. Sustainable Strategies DC, grant consultant and advocate, has provided invaluable assistance with Avon’s program providing frequent updates about federal and state funding that might be applicable to the town’s projects and programs. This is submitted as a written report and no action by Council is requested. BACKGROUND: The Town Manager’s Office has prioritized developing and implementing a more formal program for grant administration that would seek to obtain federal, state, and local funding for town wide projects. Town of Avon contracts with Sustainable Strategies (S2), a government affairs and strategic consulting firm based in Washington, DC, and Denver, CO, for grant searching and administration services (full-service grant writing). The consulting firm helps local governments secure resources for community projects that will revitalize, sustain, and keep communities resilient. Town staff meets monthly, and on an as needed basis, with S2 representatives to review grant opportunities and determine which ones to pursue based on Town priorities and ability to compete. The last grant update to Town Council was provided at the end of June. GRANT HIGHLIGHTS: Please see Attachment A for the compilation and status of the Town’s grant applications. The summary is broken into active and approved sections. The town has been successful in securing funding for upwards of 15 grants for an amount exceeding $7M across departments, including police, public works: mobility, fleet, trails and parks, as well as for a regional housing plan effort. Please note Attachment B is the award letter from Department of Local Affairs granting $1M from the Main Street LIVE Initiative to support the Avon Downtown Improvements aka the Skatepark Plaza and Infrastructure Improvements at Harry A. Nottingham Park. Town staff continue to seek grant opportunities with both consultants and continue to place focus on funding offered for community housing projects. FINANCIAL CONSIDERATIONS: The 2024 budget includes monies for the retainer to continue supporting the arrangement with S2 for their advocacy and grant writing services. Project teams for grant submittals and administration typically include the point of contact from the department, the town manager’s office, and a finance staff member. There are also GFOA requirements related to reporting of federal and state grant awards, identified as a Schedule of Expenditures of Federal Awards (SEFA). TOWN MANAGER RECOMMENDATION OR COMMENTS: PROPOSED MOTION: No motion is required as this is a written report only. Thank you, Patty ATTACHMENT A: Summary of Grant Program ATTACHMENT B: Grant Award Letter from DOLA Town of Avon, ColoradoFederal and State Grant Opportunities12/7/2023 Grant Name Funding Agency Type Purpose TOA Funds Requested Matching Funds Application Deadline Decision Follow up as of 12/1/23 1 USDA Compost & Food Waste Reduction Pilot Program (CFWR)USDA federal Partnership between Town of Avon and Town of Vai to launch a two-year regional commercial composting pilot program. The towns will launch a joint composting project that will expand local composting infrastructure and capacity $ 400,000 $100,000 6/14/23 PENDING Submitted grant application by 6/14/23 2 Recycling Resources Economic Opportunity (RREO)Colorado Department of Public Health and Environment state Supports Styrofoam recycling program for Eagle County with the addition of a Styrofoam Densifier at the Avon Recycling Center location. $ 95,000 NA 1/5/24 Will submit by deadline - 3 Colorado Energy Office DC Fast Chargers Plaza Program (DCFC) Colorado Energy Office Supports EV Charging Plaza for high speed charging systems ($140K per charging port & up to 80%of costs for installation) TBD 20% Required 12/15/23 TBD - 1 Main Street LIVE: Livability Investments for Vibrant Economies Main Street LIVE will fund downtown public infrastructure and facilities as Livability Investments for Vibrant Economies. This $17.5 million infusion will reinvest in our downtowns and enhance long-term sustainability, add to the built environment (buildings, streets, infrastructure), attract workforce, and augment other energy and housing projects. Energy / Mineral Impact Asssitance Fund state Supports Harry A. Nottingham Park Restrooms, Skatepark Plaza and Park Area Infrastructure Improvements Max Funds $1.5M Application Guidelines released end of June Requires 25% Match 8/1/23 Funding awarded $1M November 8, 2023Reviewed by DOLA Oct 24Town Budgeted $1M Contract w/ DOLA pending execution slated for early Feb 2024Project Team drafting RFP for various components of project ACTIVE GRANT APPLICATIONS APPROVED GRANT APPLICATIONS Subject to Change 1 of 3 Town of Avon, ColoradoFederal and State Grant Opportunities12/7/2023 Grant Name Funding Agency Type Purpose TOA Funds Requested Matching Funds Application Deadline Decision Follow up as of 12/1/23 2 More Housing NOW and Land Use Initiatives Energy / Mineral Impact Assistance Fund state Supports drafting Eagle County Housing Action Plan which addresses 1) updated housing needs assessment, 2) establishes housing goals for next 10 years, 3) Land Use Strategies, 4) Funding Strategies, 5) Analysis of potential Housing Authorities and partnerships to implement housing strategies $ 200,000 $24,000Avon, Vail and Eagle County split $8K each 8/1/23 Funding awarded $200K Reviewed by DOLA Oct 24 & 25 Contract w/ DOLA awaiting signatures Housing Team Meetings have been held (TOA, TOV, Eagle County) 3 Charge Ahead Colorado (CAC) Colorado Energy Office state High Speed L2 Charger for Police Station location $ 12,500 - completed Funding awarded $12,500 Funds will be received 2024 4 Synthetic Opiate Poisoning Investigation & Distribution Interdiction Grant Program Colorado Division of Criminal Justice state Application for the Fentanyl Grant Program $ 95,000 - completed Funding awarded $50K Contracts & funding pending 5 2023 Edward Byrne Memorial Justice Assistance Grant Program (JAG)Colorado Division of Criminal Justice state Supports purchase of 8 Automatic License Plate Reader (LPR) Cameras $ 26,000 - 3/9/23 Funding awarded $20K in September 2023 Contract executed and program implemented 6 2023 SMART - LE Workforce, Retention, and Tuition Grant Program Colorado Division of Criminal Justice state Covers salary & benefits for two new additional police officers ($110,200 each officer) $ 220,400 Town covers related expenses, academy tuition, training, uniforms, equipment completed Funding awarded $110K Contract & funding pending 7 Colorado Water Plan Grants Colorado Water Conservation Board state Town of Avon’s Benchmark Reservoir Conservation Project - Design Phase for New Irrigation System and Demonstration Gardens in Harry A. Nottingham Park $ 60,000 $20,000 completed Funding awarded $60K Contract executedDraft RFP pending; to be released early December Subject to Change 2 of 3 Town of Avon, ColoradoFederal and State Grant Opportunities12/7/2023 Grant Name Funding Agency Type Purpose TOA Funds Requested Matching Funds Application Deadline Decision Follow up as of 12/1/23 8 Community Impact Fund - Third Cycle Grant Request Great Outdoors Colorado (GOCO) Dan Omasta state Avon to Revitalize Eaglebend Pocket Park$150K cash ; $45K in kind $ 375,000 $175,000 cash$45K in-kind completed Funding awarded $375K RFP released & Design Firm selected (Zehren & Associates, Inc.)Open House at Eaglebend Properties held in August 9 Off Highway Vehicle Trail Maintenance Grant Colorado Parks & Wildlife state Maintenance for USFS 779 Road Improvements $ 40,000 NA completed Funding awarded $40K 10 Highway Safety Improvement Program (HSIP)Colorado Dept of Transportation (CDOT) state Pedestrian Safety: Purchase and install 6 flashing beacons and permanent median at Avon Road & Hurd Lane $ 366,000 $24,000 completed Funding awarded 5/28/23 11 Off System Bridge Grant Colorado Dept of Transportation (CDOT)state Repair and Maintain WBCB Bridge. $ 348,397 $87,099 completed Funding awarded 2023 - 12 FASTER Capital and Facilities Grant Colorado Dept of Transportation (CDOT) state Purchase heavy duty recessed scissor lift and portable mobile Column lifts $ 256,000 $64,000 completed Funding awarded $256K5/28/23 - 13 CDOT Grant Colorado Department of Transportation (CDOT) state Supports the Avon-US6 Mobility Improvement Project - construction of sidewalk improvements, pedestrian crossings, and traffic calming infrastructure; safety improvements at the intersection of US 6 & Stone Bridge $ 3,500,000 ?completed Funds awarded $3.5 M Contract w/ CDOT pending 13 CDOT 5304 Planning Grant Colorado Dept of Transportation (CDOT)state Provide planning and implementation support to the Eagle Valley Transportation Authority $ 96,000 $0 completed Funded 2023 Contract w/ CDOT pending 14 CDOT 5311 Transit Operations Colorado Dept of Transportation (CDOT)state Provide funding for Transit Operations $ 245,980 $ 245,980 completed Funded 2023 Contract w/ CDOT pending Subject to Change 3 of 3 Governor Jared Polis | Rick M. Garcia, Executive Director | Chantal Unfug, Division Director 1313 Sherman Street, Room 521, Denver, CO 80203 P 303.864.7720 TDD/TTY 303.864.7758 www.dola.colorado.gov Strengthening Colorado Communities November 8, 2023 The Honorable Amy Phillips, Mayor Town of Avon P.O. Box 975 100 Mikaela Way Avon, CO, 81620 RE: EIAF 9772 – MSL Avon Downtown Improvements Dear Mayor Phillips: Congratulations! After thorough review, I am excited to offer a grant award in the amount of $1,000,000 from the Main Street LIVE Initiative to assist with the above mentioned project. Your project was reviewed based on a variety of factors such as its connection to energy impact, degree of need, measurable outcomes, amount of request, relationship to community goals, level of local match and community support, management capacity, resiliency and readiness to go. Competition for these limited funds is intense and we are seeing great demand. DOLA supports local governments with direct place-based development, redevelopment, and housing in downtowns as a critical component to a robust and active economy, local government fiscal health, and sustainable development patterns. The Main Street LIVE Initiative is designed to fund reinvestment in downtowns and enhance long-term sustainability, add to the built environment, attract workforce, and augment other energy and housing projects. These grant funds will be from state severance tax proceeds, which may cause you to go to election to receive and spend them. You should confer with your legal and budget advisors to determine if such an election is necessary. Please contact your DOLA Regional Manager, Kate McIntire, at 970-744-0760 for information on how to proceed. Expenditure of State funds prior to the contract being fully executed cannot be included in the contract budget or reimbursed by the State. Per our program guidelines, this offer is valid for one year from the date of this letter. I wish you success with your project. Thank you for helping Colorado build an economy where all Coloradans can thrive. Sincerely, Rick M. Garcia Executive Director cc: Dylan Roberts, State Senator Meghan Lukens, State Representative Eric Heil, Town of Avon Patty McKenny, Town of Avon Kate McIntire, DOLA ATTACHMENT B _______________________________________________________________________________ AVON PLANNING & ZONING COMMISSION MEETING ABSTRACT FOR TUESDAY, DECEMBER 5, 2023 1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON) A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS BRAD CHRISTIANSON, KEVIN HYATT, BILL GLANER, ANTHONY SEKINGER, AND OLIVIA COOK WERE PRESENT. ALSO PRESENT WERE PLANNING DIRECTOR MATT PIELSTICKER AND PLANNER 1+ MAX MORGAN. COMMISSIONER TOM SCHAEFER WAS NOT IN ATTENDANCE. 2. APPROVAL OF AGENDA THE AGENDA WAS APPROVED AS PUBLISHED. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS THERE WERE NO CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION. 4. PUBLIC HEARINGS 4.1. FILE #CTA23002 | CODE TEXT AMENDMENTS FOR COMMUNITY HOUSING ZONE DISTRICTS (SENIOR PLANNER JENA SKINNER) 4.2. FILE #CPA23002 | COMPREHENSIVE PLAN AMENDMENTS FOR COMMUNITY HOUSING (SENIOR PLANNER JENA SKINNER) ACTION: COMMISSIONER COOK MADE A MOTION TO CONTINUE THE APPLICATION TO THE DECEMBER 19, 2023 PZC MEETING. COMMISSIONER CHRISTIANSON SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 5-0. 5. CONSENT AGENDA 5.1. NOVEMBER 7, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES 5.2. RECORD OF DECISION FOR MJR23004 – APPROVED NOVEMBER 7, 2023 5.3. 2024 PLANNING AND ZONING COMMISSION MEETING SCHEDULE ACTION: COMMISSIONER GLANER MADE A MOTION TO APPROVE THE CONSENT AGENDA. COMMISSIONER HYATT SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 5-0. 6. STAFF UPDATES 6.1. SKATE PLAZA 6.2. SUN RD/EAST AVON MASTER PLANNING 6.3. STATE LAND BOARD 6.4. REGIONAL HOUSING ACTION PLAN 6.5. AVONDALE APARTMENTS 7. FUTURE MEETINGS 7.1. DECEMBER 19, 2023 7.2. JANUARY 3, 2024 (WEDNESDAY) 8. THE MEETING WAS ADJOURNED AT 6:23 PM. _______________________________________________________________________________ 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 970-748-4044 dstockdale@avon.org TO: Honorable Mayor Amy Philips and Council Members FROM: Dean Stockdale, Senior Accountant RE: Financial Report – September 2023 & October 2023 data DATE: December 6th, 2023 SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and short-term rental tax for September 2023 and the recreation fees and real estate transfer tax revenues for October 2023. BACKGROUND: The percentage variance, or comparative change is reflected in the analysis portion of this report in respect to each individual section for September and October revenues in 2023. Tax revenues are not budgeted on a monthly basis; however, for purposes of analysis, monthly budget variances are based on a 3-year average of actual revenues. REVENUE ANALYSIS: Sales Tax: Revenues – September 2023: September sales tax revenues totaled $1,289,076. This is a decrease of $24,626 or 1.87% compared to September 2022 sales tax revenue of $1,313,703. Unfavorable Restaurants sales tax due late payment of sales tax in prior year received in August along with down sales tax across most restaurant locations. Unfavorable Home/Garden sale tax due to overpayment in 2022, correction made in December. SEPTEMBER 2022 v SEPTEMBER 2023 SALES TAX COMPARISON BY INDUSTRY September 2022 September 2023 Increase/Decrease Home/Garden $176,458.18 $130,088.47 ($46,369.71) Grocery/Specialty/Health $186,809.90 $194,994.97 $8,185.07 Sporting Goods Retail/Rental $47,446.35 $45,390.06 ($2,056.29) Miscellaneous Retail $86,466.11 $74,578.15 ($11,887.96) Accommodations $159,861.54 $143,960.18 ($15,901.36) Restaurants/Bars $188,088.20 $169,451.94 ($18,636.26) Other $24,337.04 $22,523.89 ($1,83.15) Service Related $69,178.81 $138,193.70 $69,014.89 Liquor Stores $15,201.65 $13,867.77 ($1,333.88) E-Commerce Retail $58,916.18 $84,918.94 $26,002.76 Manufacturing/Wholesale $132,355.40 $87,566.62 ($44,788.78) Construction Related Services $119,166.17 $139,902.24 $20,736.07 Digital Media Suppliers/Sellers $20,259.87 $20,813.29 $553.42 Commercial/Industrial Equipment $29,157.71 $22,643.62 ($6,514.09) Special Events $0.00 $182.92 $182.92 TOTAL $1,313,703.11 $1,289,076.76 ($24,626.35) Page 2 of 11 Sales Tax: September 2023 Budget v Actual Collections: September 2023 sales tax revenues totaled $1,289,076. This is an increase of $53,733 over the September 2023 estimates of $1,235,343. This is 4.35% above the adopted 2023 budget (based on a 3-year average). SEPTEMBER 2023 BUDGET v ACTUAL COLLECTIONS - SALES TAX 2023 Budget 2023 Actual Dollar Variance Percentage Variance September $1,235,343.51 $1,289,076.76 $53,733.25 4.35% 903,289.81 893,931.44 1,067,978.54 1,313,703.11 $1,289,076.76 -1.04% 19.47% 23.01% -1.87% $300,000 $500,000 $700,000 $900,000 $1,100,000 $1,300,000 2019 2020 2021 2022 2023 2019-2023 September Sales Tax Revenue Trend Page 3 of 11 Accommodation Tax: Revenues – September 2023: Accommodation tax revenues totaled $151,888 for the month of September. This is a decrease of $15,873 or 9.46% compared to September 2022 accommodation tax revenues, which totaled $167,762. Accommodation tax collections by industry type for September 2023 compared to September 2022 reported a decrease for Hotels, Vacation Rentals and Timeshares. SEPTEMBER 2022 v SEPTEMBER 2023 ACCOMMODATION TAX COMPARISON BY INDUSTRY September 2022 September 2023 Increase/(Decrease) Timeshares $24,036.79 $22,905.29 ($1,131.50) Hotels $71,220.63 $65,514.33 ($5,706.30) Vacation Rentals $72,505.14 $63,469.02 ($9,036.12) TOTAL $167,762.56 $151,888.64 ($15,873.92) September 2023 Budget v Actual Collections: September 2023 accommodation tax revenues totaled $151,888. This is a decrease of $41,028 over the September 2023 estimates of $192,917. This is 21.27% below the adopted 2023 budget (based on a 3-year average). SEPTEMBER 2023 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX 2023 Budget 2023 Actual Dollar Variance Percentage Variance September $192,917.02 $151,888.64 ($41,028.38) (21.27%) 89,363 95,187 164,799 167,763 151,889 6.52% 73.13%1.80% -9.46% $0 $50,000 $100,000 $150,000 $200,000 $250,000 2019 2020 2021 2022 2023 2019-2023 September Accommodation Tax Revenue Trend Page 4 of 11 Short Term Rental Tax for CH: Revenues – September 2023: STR Tax for Community Housing totaled $67,433 for the month of September. This is a decrease of $6,616 or 8.94% compared to September 2022. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential. SEPTEMBER 2022 v SEPTEMBER 2023 STR TAX FOR CH COMPARISON BY INDUSTRY September 2022 September 2023 Increase/(Decrease) Timeshares $12,018.38 $11,452.63 ($565.75) Hotels $27,265.42 $24,349.98 ($2,915.44) Vacation Rentals $34,766.43 $31,630.74 ($3,135.69) TOTAL $74,050.23 $67,433.35 ($6,616.88) Tobacco & Cigarette Tax: Revenues – September 2023: Tobacco tax revenues totaled $31,851 and cigarette tax revenues totaled $23,157 for September 2023. Compared to September 2022 revenues, this is an increase of $2,269 for tobacco tax revenues, which totaled $29,581 and an increase of $2,172 for cigarette tax revenues, which totaled $20,984. 12,647 19,330 23,932 29,582 31,851 52.85% 23.81% 23.60% 7.67% - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 2019 2020 2021 2022 2023 2019-2023 September Tobacco Tax Revenue Trend Page 5 of 11 September 2023 Adopted Budget v Actual Collections: September 2023 tobacco and cigarette tax revenues totaled $31,851 and $23,157, respectively. This is an increase of $4,076, over the September 2023 budget for tobacco tax, which is $27,775 and an increase of $1,673 over the September 2023 budget for cigarette tax estimates, which is $21,483 which is based on a 3-year average. SEPTEMBER 2023 BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES 2023 Budget 2023 Actual Dollar Variance Percentage Variance Tobacco $27,775.22 $31,851.26 $4,076.04 15.09% Cigarettes $21,483.94 $23,157.00 $1,673.06 7.79% Total $5,749.10 15,846 23,973 22,341 20,984 23,157 51.28% -6.81%-6.07% 10.35% - 5,000 10,000 15,000 20,000 25,000 30,000 2019 2020 2021 2022 2023 2019-2023 September Cigarette Excise Tax Revenue Trend Page 6 of 11 Real Estate Transfer Tax: Revenues – October 2023: October 2023 real estate transfer tax totaled $762,377. Compared to October 2022, which totaled $712,882, this is an increase of $49,495. This is an increase of $104,451 over the October 2023 budget which was based on a 3-year average. OCTOBER 2023 BUDGET v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES 2023 Budget 2023 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $657,926.12 $762,377.82 $104,451.70 15.88% $359,783 $906,843 $1,015,510 $712,882 $762,378 152.05% 11.98% -29.80% 6.94% $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 2019 2020 2021 2022 2023 Real Estate Transfer Tax October Revenue Trends Page 7 of 11 Recreation Center Fees: Revenues – October 2023 Admissions & Program Fees: Recreation admission revenues for October 2023 totaled $81,585.82 an increase of $26,057 compared to October 2022 which totaled $55,528. This is $26,604 above the adopted 2023 budget estimates of $54,981. Recreation program fee revenues for October 2023 totaled $24,531. This is an increase of $3,424 compared to 2022, which totaled $21,106 This is $1,206 above the adopted 2023 budget estimates, which is $23,324 which is calculated based on a 3-year average. $22,589 $18,070 $16,821 $21,106 $24,531 -20.01%-6.91% 25.47% 16.23% $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 2019 2020 2021 2022 2023 Recreation Program Fees September Revenue Trends 58,056 28,628 33,107 55,528 81,586 -50.69% 15.65% 67.72% 46.93% - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 2019 2020 2021 2022 2023 Recreation Admissions October Revenue Trends Page 8 of 11 Tax Revenue Comparison – 2022 v 2023: All revenues except for Accommodations Tax and STR Tax for CH are reporting an increase for 2023 compared to 2022. Below is a table which reflects the dollar change and percentage variance. Adopted Budget 2023 v Actual 2023: All revenues except for Accommodations Tax reflect a positive variance over the 2023 budget. Below is a table which reflects the dollar change and percentage variance. 2022 v 2023 Year-to-Date Revenue Comparison 2022 YTD 2023 YTD Dollar Variance Percentage Variance Sales Tax $9,633,990.80 $9,763,570.72 $129,579.92 1.35% Acc. Tax $1,934,290.80 $1,879,829.31 ($54,461.49) (2.82%) STR Tax for CH $871,091.33 $842,884.64 ($28,206.69) (3.24%) Tobacco Tax $261,296.16 $243,471.53 $25,549.74 9.78% Cigarette Tax $185,449.89 $189,991.50 $4,541.61 2.45% Rec Admissions $823,253.97 $955,125.88 $131,871.91 16.02% Rec Program Fees $290,161.13 $364,018.84 $73,857.71 25.45% TOTAL $13,999,534.08 $14,238,892.42 $282,732.71 2.02% 2023 Revenue Comparison – Budget v Actual Budget Actual Dollar Variance Percentage Variance Sales Tax $9,152,128.23 $9,763,570.72 $611,442.49 6.68% Acc. Tax $1,975,036.99 $1,879,829.31 ($95,207.68) (4.82%) STR Tax for CH $799,198.57 $842,884.64 $43,689.07 5.47% Tobacco Tax $243,471.53 $286,845.90 $43,374.37 17.81% Cigarette Tax $183,529.15 $189,991.50 $6,462.35 3.52% Rec Admissions $765,027.26 $955,125.88 $190,098.62 24.85% Rec Program Fees $349,604.78 $364,018.84 $14,414.06 4.12% TOTAL $13,467,996.51 $14,282,266.79 $814,273.28 6.05% Page 9 of 11 Real Estate Transfer Tax: Revenues YTD 2023 BUDGET/PRIOR YEAR v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES 2023 Budget 2023 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $3,676,278.07 $4,183,908.85 $507,630.78 13.81% 2022 Actual 2023 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $4,959,367.59 $4,183,908.85 ($775,458.74) (15.64%) New and Renewed Business and STR Licenses – 2022 v 2023: The total number of business licenses issued as of the end of October was 1,051. This was down 19 licenses or 1.8% from the same period in 2022. The total number of STR licenses issued as of the end of October is 124. Compared to October 2022 the STR licenses are down 108 licenses or 46.6% from the prior year. The unfavorable variance to the prior year is due to the changes made to the STR license regulations that started last November. We will be seeing a significant increase in STR license renewals for November and December as those licenses from the prior year will be expiring. We have 804 businesses that were issued a vendor license in 2023 compared to 803 in the prior year. Of the 803 from the prior year 103 of them no longer have a vendor license due to SB22-032. 2023 v 2022 – Business and STR Licenses Period 1/1 – 10/31 2023 2022 License Variance Percentage Variance Business License - Vendor 804 803 1 0.1% Business License – Fixed Location 171 179 (8) (4.5%) Business License – Home Occupation 48 56 (8) (14.3%) Business License – Special Event 28 32 (4) (12.5%) TOTAL BUSINESS LICENSES 1,051 1,070 (19) (1.8%) STR License 124 232 (108) (46.6%) Page 10 of 11 0 100 200 300 400 500 600 700 800 900 Business License - Vendor Business License - Fixed Location Business License - Home Occupation Business License - Special Event Business Licenses Issued from January -October 2023 2022 2021 0 50 100 150 200 250 STR License STR Licenses Issued January -October 2023 2022 2021 Page 11 of 11 EXPENDITURES: OCTOBER 2023 General Fund YTD Actuals v 2023 Budget: General Fund expenditures through October 2023 total $17,853,653 which is 71.41% of the total adopted budget. These expenditures include all wages, health benefits, events, computer services, operating cost, legal services, and utilities. Mobility Fund YTD Actuals v 2023 Budget: Mobility Fund expenditures through October 2023 total $1,692,552 which is 44.18% of the total adopted budget. These expenditures include the cost for wages, health benefits, consulting services, utilities, and bike share program. Fleet Maintenance YTD Actuals v 2023 Budget: Fleet Maintenance expenditures through October 2023 total $1,423,054 which is 46.40% of the total adopted budget. These expenditures include wages, health benefit, fuel, vehicle maintenance, utilities, equipment, and operating supplies. Capital Projects Fund YTD Actuals v 2023 Budget: The Capital Improvement expenditures through October 2023 total $3,282,105 which is 14.27% of the total adopted budget. These expenditures were made up of Metcalf culvert repair, sauna remodel and design fees. Thank you, Dean 970-748-4044 dstockdale@avon.org TO: Honorable Mayor Amy Philips and Council Members FROM: Dean Stockdale, Senior Accountant RE: Financial Report – October 2023 & November 2023 data DATE: December 6th, 2023 SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and short-term rental tax for October 2023 and the recreation fees and real estate transfer tax revenues for November 2023. BACKGROUND: The percentage variance, or comparative change is reflected in the analysis portion of this report in respect to each individual section for October and November revenues in 2023. Tax revenues are not budgeted on a monthly basis; however, for purposes of analysis, monthly budget variances are based on a 3-year average of actual revenues. REVENUE ANALYSIS: Sales Tax: Revenues – October 2023: October sales tax revenues totaled $733,685. This is a decrease of $57,551 or 7.27% compared to October 2022 sales tax revenue of $791,237. Unfavorable Home/Garden sale tax due to overpayment in 2022, correction made in December. OCTOBER 2022 v OCTOBER 2023 SALES TAX COMPARISON BY INDUSTRY October 2022 October 2023 Increase/Decrease Home/Garden $149,170.19 $100,231.33 ($48,938.86) Grocery/Specialty/Health $164,387.21 $167,566.78 $3,179.57 Sporting Goods Retail/Rental $31,993.50 $28,378.94 ($3,614.56) Miscellaneous Retail $31,619.02 $22,491.89 ($9,127.13) Accommodations $112,541.43 $99,656.47 ($12,884.96) Restaurants/Bars $139,326.64 $133,368.63 ($5,958.01) Other $7,536.44 $6,704.46 ($831.98) Service Related $22,530.64 $21,408.26 ($1,122.38) Liquor Stores $12,431.26 $11,624.80 ($806.46) E-Commerce Retail $47,502.40 $64,844.00 $17,374.60 Manufacturing/Wholesale $10,639.18 $18,240.77 $7,601.59 Construction Related Services $52,118.91 $49,555.13 ($2,563.78) Digital Media Suppliers/Sellers $6,987.64 $8,575.22 $1,587.58 Commercial/Industrial Equipment $2.453.05 $822.60 ($1,630.45) Special Events $0.00 $183.60 $183.60 TOTAL $791,237.51 $733,685.88 ($57,551.63) Page 2 of 11 Sales Tax: October 2023 Budget v Actual Collections: October 2023 sales tax revenues totaled $733,685. This is a decrease of $76,956 over the October 2023 estimates of $810,642. This is 9.49% below the adopted 2023 budget (based on a 3-year average). OCTOBER 2023 BUDGET v ACTUAL COLLECTIONS - SALES TAX 2023 Budget 2023 Actual Dollar Variance Percentage Variance October $810,642.53 $733,685.88 ($76,956.65) (9.49%) 445,742.30 611,071.51 747,175.12 791,237.51 $733,685.88 37.09% 22.27% 5.90% -7.27% $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 2019 2020 2021 2022 2023 2019-2023 October Sales Tax Revenue Trend Page 3 of 11 Accommodation Tax: Revenues – October 2023: Accommodation tax revenues totaled $104,327 for the month of October. This is a decrease of $13,838 or 11.71% compared to October 2022 accommodation tax revenues, which totaled $118,165. Accommodation tax collections by industry type for October 2023 compared to October 2022 reported a decrease for Hotels, Vacation Rentals and Timeshares. OCTOBER 2022 v OCTOBER 2023 ACCOMMODATION TAX COMPARISON BY INDUSTRY October 2022 October 2023 Increase/(Decrease) Timeshares $18,034.26 $15,767.85 ($2,266.41) Hotels $50,646.66 $41,400.23 ($9,246.43) Vacation Rentals $49,484.57 $47,159.23 ($2,325.34) TOTAL $118,165.49 $104,327.31 ($13,838.18) October 2023 Budget v Actual Collections: October 2023 accommodation tax revenues totaled $104,327. This is a decrease of $44,216 over the October 2023 estimates of $148,543. This is 29.77% below the adopted 2023 budget (based on a 3-year average). OCTOBER 2023 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX 2023 Budget 2023 Actual Dollar Variance Percentage Variance October $148,543.53 $104,327.31 ($44,216.22) (29.77%) 45,781 56,679 154,516 118,165 104,327 23.80% 172.62% -23.53% -11.71% $0 $50,000 $100,000 $150,000 $200,000 2019 2020 2021 2022 2023 2019-2023 October Accommodation Tax Revenue Trend Page 4 of 11 Short Term Rental Tax for CH: Revenues – October 2023: STR Tax for Community Housing totaled $45,627 for the month of October. This is a decrease of $5,414.21 or 10.61% compared to October 2022. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential. OCTOBER 2022 v OCTOBER 2023 STR TAX FOR CH COMPARISON BY INDUSTRY October 2022 October 2023 Increase/(Decrease) Timeshares $9,017.13 $7,883.92 ($1,133.21) Hotels $18,167.23 $15,268.53 ($2,898.70) Vacation Rentals $23,857.58 $22,475.28 ($1,382.30) TOTAL $51,041.94 $45,627.73 ($5,414.21) Tobacco & Cigarette Tax: Revenues – October 2023: Tobacco tax revenues totaled $26,459 and cigarette tax revenues totaled $21,387 for October 2023. Compared to October 2022 revenues, this is an increase of $806 for tobacco tax revenues, which totaled $25,652 and a decrease of $51 for cigarette tax revenues, which totaled $21,438. 8,459 18,295 21,262 25,653 26,459 116.29% 16.22% 20.65%3.14% - 5,000 10,000 15,000 20,000 25,000 30,000 2019 2020 2021 2022 2023 2019-2023 October Tobacco Tax Revenue Trend Page 5 of 11 October 2023 Adopted Budget v Actual Collections: October 2023 tobacco and cigarette tax revenues totaled $26,459 and $21,387, respectively. This is an increase of $1,594, over the October 2023 budget for tobacco tax, which is $27,775 and an increase of $896 over the October 2023 budget for cigarette tax estimates, which is $20,490 which is based on a 3-year average. OCTOBER 2023 BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES 2023 Budget 2023 Actual Dollar Variance Percentage Variance Tobacco $24,864.48 $26,459.45 $1,594.97 6.41% Cigarettes $20,490.37 $21,387.00 $896.63 4.38% Total $2,491.26 15,297 22,063 20,685 21,438 21,387 44.23% -6.25% 3.64% -0.24% - 5,000 10,000 15,000 20,000 25,000 2019 2020 2021 2022 2023 2019-2023 October Cigarette Excise Tax Revenue Trend Page 6 of 11 Real Estate Transfer Tax: Revenues – November 2023: November 2023 real estate transfer tax totaled $277,724. Compared to November 2022, which totaled $274,256, this is an increase of $3,467. This is a decrease of $138,559 over the November 2023 budget which was based on a 3-year average. NOVEMBER 2023 BUDGET v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES 2023 Budget 2023 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $416,284.28 $277,724.52 ($138.559.76) (33.28%) $570,245 $461,399 $1,049,676 $274,257 $277,725 -19.09% 127.50% -73.87% 1.26% $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 2019 2020 2021 2022 2023 Real Estate Transfer Tax November Revenue Trends Page 7 of 11 Recreation Center Fees: Revenues – November 2023 Admissions & Program Fees: Recreation admission revenues for November 2023 totaled $245,865 an increase of $87,874 compared to November 2022 which totaled $157,991. The increase over prior year is due to a change in the black Friday sale to include punch card sale which was has been held in December in prior years. This is $96,429 above the adopted 2023 budget estimates of $149,436. Recreation program fee revenues for November 2023 totaled $36,472. This is an increase of $9,706 compared to 2022, which totaled $26,765 This is $9,776 above the adopted 2023 budget estimates, which is $26,696 which is calculated based on a 3-year average. $20,749 $13,732 $23,594 $26,765 $36,472 -33.82% 71.82% 13.44% 36.27% $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 2019 2020 2021 2022 2023 Recreation Program Fees November Revenue Trends 51,282 26,029 134,698 157,992 245,866 -49.24% 417.49% 17.29% 55.62% - 50,000 100,000 150,000 200,000 250,000 300,000 2019 2020 2021 2022 2023 Recreation Admissions November Revenue Trends Page 8 of 11 Tax Revenue Comparison – 2022 v 2023: All revenues except for Accommodations Tax and STR Tax for CH are reporting an increase for 2023 compared to 2022. Below is a table which reflects the dollar change and percentage variance. Adopted Budget 2023 v Actual 2023: All revenues except for Accommodations Tax reflect a positive variance over the 2023 budget. Below is a table which reflects the dollar change and percentage variance. 2022 v 2023 Year-to-Date Revenue Comparison 2022 YTD 2023 YTD Dollar Variance Percentage Variance Sales Tax $10,425,228.31 $10,497,256.60 $72,028.29 0.69% Acc. Tax $2,052,456.29 $1,984,156.62 ($68,299.67) (3.33%) STR Tax for CH $922,133.27 $888,512.37 ($33,620.90) (3.65%) Tobacco Tax $286,948.97 $313,305.35 $26,356.38 9.19% Cigarette Tax $206,887.89 $211,378.50 $4,490.61 2.17% Rec Admissions $981,245.47 $1,200,991.38 $219,745.91 22.39% Rec Program Fees $316,926.58 $400,491.14 $83,564.56 26.37% TOTAL $15,191,826.78 $15,496,091.96 $304,265.18 2.00% 2023 Revenue Comparison – Budget v Actual Budget Actual Dollar Variance Percentage Variance Sales Tax $9,962,770.76 $10,497,256.60 $534,485.84 5.36% Acc. Tax $2,123,580.53 $1,984,156.62 ($139,423.91) (6.57%) STR Tax for CH $846,024.74 $888,512.37 $42,487.63 5.02% Tobacco Tax $268,336.01 $313,305.35 $44,969.34 16.76% Cigarette Tax $204,019.52 $211,378.50 $7,358.98 3.61% Rec Admissions $914,463.37 $1,200,991.38 $286,528.01 31.33% Rec Program Fees $376,301.02 $400,491.14 $24,190.12 6.43% TOTAL $14,695,495.95 $15,496.091.96 $800,596.01 5.45% Page 9 of 11 Real Estate Transfer Tax: Revenues YTD 2023 BUDGET/PRIOR YEAR v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES 2023 Budget 2023 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $4,092,562.34 $4,461,633.37 $369,071.03 9.02% 2022 Actual 2023 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $5,233,624.26 $4,461,633.37 ($771,990.89) (14.75%) New and Renewed Business and STR Licenses – 2022 v 2023: The total number of business licenses issued through November was 1,133. This was down 18 licenses or 1.6% from the same period in 2022. The total number of STR licenses issued as of the end of November is 128. Compared to November 2022 the STR licenses are down 135 licenses or 51.3% from the prior year. The unfavorable variance to the prior year is due to the changes made to the STR license regulations that started last November. We will be seeing a significant increase in STR license renewals for December as those licenses from the prior year will be expiring. We have 858 businesses that were issued a vendor license in 2023 compared to 854 in the prior year. Of the 854 from the prior year 101 of them no longer have a vendor license due to SB22-032. 2023 v 2022 – Business and STR Licenses Period 1/1 – 11/30 2023 2022 License Variance Percentage Variance Business License - Vendor 858 854 4 0.5% Business License – Fixed Location 195 204 (9) (4.4%) Business License – Home Occupation 52 61 (9) (14.8%) Business License – Special Event 28 32 (4) (12.5%) TOTAL BUSINESS LICENSES 1,133 1,151 (18) (1.6%) STR License 128 263 (135) (51.3%) Page 10 of 11 - 100.00 200.00 300.00 400.00 500.00 600.00 700.00 800.00 900.00 1,000.00 Business License - Vendor Business License - Fixed Location Business License - Home Occupation Business License - Special Event # of Licenses Issued from 1/1 -11/30 2023 2022 2021 0 50 100 150 200 250 300 STR License STR Licenses Issued 1/1 -11/30 2023 2022 2021 Page 11 of 11 EXPENDITURES: NOVEMBER 2023 General Fund YTD Actuals v 2023 Budget: General Fund expenditures through November 2023 total $19,646,482 which is 78.58% of the total adopted budget. These expenditures include all wages, health benefits, events, computer services, operating cost, legal services, and utilities. Mobility Fund YTD Actuals v 2023 Budget: Mobility Fund expenditures through November 2023 total $1,794,008 which is 46.83% of the total adopted budget. These expenditures include the cost for wages, health benefits, consulting services, utilities, and bike share program. Fleet Maintenance YTD Actuals v 2023 Budget: Fleet Maintenance expenditures through November 2023 total $1,512,481 which is 49.32% of the total adopted budget. These expenditures include wages, health benefit, fuel, vehicle maintenance, utilities, equipment, and operating supplies. Capital Projects Fund YTD Actuals v 2023 Budget: The Capital Improvement expenditures through November 2023 total $4,411,321 which is 19.18% of the total adopted budget. These expenditures were made up of Metcalf culvert repair, W Beaver Creek Blvd asphalt overlay, sauna remodel, parking lots, and design fees. Thank you, Dean MEMORANDUM TO: Board of Directors FROM: Brian Thompson, Government Affairs Administrator DATE: August 18, 2023 RE: Summary of Authority’s July 27, 2023, Board Meeting The following is a summary of items discussed at the Authority’s July 27, 2023, board meeting. Directors present and acting were Chair George Gregory, Secretary Kim Bell Williams, Treasurer Geoff Dreyer, Kevin Hillgren, and Mike Trueblood. Director Tamra Underwood was absent and excused; Alternate Director Eric Heil was present and acting in her place. Bolts Lake project field visit Chair Gregory reported on the Jun. 29 joint board field visit of the Bolts Ditch diversion structure and the Bolts Lake site; Authority board attendees were Chair Gregory, Director Hillgren, Director Underwood, and Alternate Director Mike Towler. Quarterly financials Jim Cannava presented the second-quarter financial report. First-half expenses and revenue are tracking to budget, with water revenue slightly under budget due to a wet June. The board will consider a $20 million bond in October to fund upcoming capital projects. Wildfire preparedness Dan Siebert reported on the District’s wildfire mitigation protocols and programs. Kristin Moseley reported on federal legislation to assist with wildfire response. The board supported the concepts of the proposed bill, which includes language consistent with what the Authority and District negotiated into the 2016 No Name and Spraddle Gulch wilderness bills. Rate restructure analysis David Norris presented a proposed restructure of variable (usage) rates for Individually Metered Residential accounts. Per board direction, staff and members of the joint board Water Conservation committee have been evaluating the current rate structure, particularly concerning the amount of water allocated in each billing tier and the inequity of multiplying the tier allotments by the customer account’s Single Family Equivalent (SFE), which results in homes with greater than 1 SFE that use water above Tier 1 paying less per 1,000 gallons than smaller homes for the same amount of water use. As such, analysis has focused on eliminating the SFE multiplier from the usage tiers used for billing and redesigning the tier allotments with a per 1,000-gallon price to align with volumetric thresholds. The board provided direction to incorporate this approach in the FY24 budget. This proposal applies only to Individually Metered Residential accounts; the board will analyze Irrigation Only accounts in August, and remaining account types in 2024. Bolts Ditch federal legislation Kristin Moseley reported on federal legislation introduced in the U.S. House and Senate that would amend the 2019 John D. Dingell, Jr. Conservation, Management, and Recreation Act to allow the District and Authority to use, maintain, and repair Bolts Ditch and its associated headgate within Holy Cross Wilderness. The Dingell Act currently applies exclusively to the Town of Minturn; this amendment is necessary to further the District and Authority’s Bolts Lake project. MEMORANDUM TO: Board of Directors FROM: Brian Thompson, Government Affairs Administrator DATE: September 20, 2023 RE: Summary of Authority’s August 24, 2023, Board Meeting The following is a summary of items discussed at the Authority’s August 24, 2023, board meeting. Directors present and acting were Chair George Gregory, Secretary Kim Bell Williams, Treasurer Geoff Dreyer, Kevin Hillgren, Mike Trueblood, and Tamra Underwood. Board committee alternates Board committees were amended to assign directors as a backup to serve in the absence of a primary committee member, as follows: Chair Gregory to Rules and Regulations, Director Hillgren to Water Conservation; and Director Trueblood to Audit and Budget. Bench installation by Edwards facility Bill Simmons, former Authority director and District board chair, will dedicate a bench in honor of his late wife, Shelley, to be installed near the Edwards Drinking Water Facility. Proposed 2024 budget The proposed FY 2024 budget will be provided to board members for discussion at the Sept. 28 board meeting, earlier than previous years and before the Oct. 15 statutory deadline. The draft budget will be in the publicly available board packet. Eagle River Watershed Council (ERWC) Funding Request for FY 2024 ERWC Executive Director James Dilzell presented the annual funding request. ERWC is requesting the same funding as FY 2023: $25,000 towards the Water Quality Monitoring & Assessment Program and $25,000 towards ERWC’s general administration. This funding request will be considered during the development of the FY 2024 budget. Community involvement Siri Roman reported on a wildfire/watershed meeting with Congressman Joe Neguse, the Colorado Water Congress summer conference, and upcoming presentations at the Special District Association of Colorado annual conference. Irrigation-Only Rate Restructure Analysis David Norris presented a proposed restructure of variable (usage) rates for Irrigation-Only accounts. Per board direction, staff and members of the joint board Water Conservation committee have been evaluating the current rate structure to address inequities and make progress towards the Authority’s water conservation goals. The 383 Irrigation-Only accounts are only 3.8% of the total accounts, though constitute 60.55% of total consumptive use by all customers because Irrigation-Only accounts are exclusively outdoor use. The restructure would consolidate the current three structures into one Coverage Based structure using a multiplier based on acres of irrigated area, add year-round base rates to align with other account types, and anchor the allotment and pricing structure to targeted percentages of water needed during peak season to supplement precipitation. Modified rate structures on Individually Metered Residential and Irrigation-Only accounts will be incorporated into the FY 2024 budget; the board will analyze remaining account types in 2024. Colorado Green Business Network (CGBN) Gold Level Status Tim Friday reported on the District’s completion of the requirements to achieve CGBN’s gold level status and the preliminary results of the greenhouse gas (GHG) inventory, which recognized the District’s operational efficiencies including reducing GHG emissions by 3,121 metric tons over the past five years. The following is a summary of items discussed at the Aug. 25, 2023, Joint Meeting with the Eagle River Water & Sanitation District board of directors. UERWA Directors present and acting were Chair George Gregory, Secretary Kim Bell Williams, Treasurer Geoff Dreyer, Kevin Hillgren, Mike Trueblood, and Tamra Underwood. Bolts Lake project update Jason Cowles and Justin Hildreth provided an update on the Bolts Lake reservoir project, which is a planned 1,200 acre-foot reservoir on private property that is meant to provide additional in-basin storage supplies necessary to serve customers while maintaining healthy river flows and building strategic reserves to mitigate against the impacts of a warming climate. They reviewed timelines for preliminary design, permitting, and construction, as well as projected expenses, grant opportunities, and water rights implications. Gore Creek fish kill settlement Siri Roman reported on the state’s $275,000 settlement with Vail Resorts that resolves damages associated with the September 2021 fish kill incident on Mill and Gore creeks. She said staff is pleased that the outcome will provide funds to help restore the Gore Creek basin. MEMORANDUM TO: Board of Directors FROM: Brian Thompson, Government Affairs Administrator DATE: October 20, 2023 RE: Summary of Authority’s September 28, 2023, Board Meeting The following is a summary of items discussed at the Authority’s September 28, 2023, board meeting. Directors present and acting were Chair George Gregory, Secretary Kim Bell Williams, Treasurer Geoff Dreyer, Kevin Hillgren, Mike Trueblood, and Tamra Underwood. Awards Recognition The board congratulated the District for receiving the Special District Association’s “Safest District of the Year” award; the Avon Wastewater Treatment Facility for receiving operational awards from the Rocky Mountain Water Environment Association (RMWEA) and American Concrete Institute; and project manager Madeleine Harris for receiving RMWEA’s Young Professional of the Year. Supporting the Bolts Ditch Act The board passed a joint resolution supporting the Bolts Ditch Act (S. 2156), which would include the Authority and District as governmental entities that may use, maintain, and repair Bolts Ditch and its headgate. Budget Work Session The board convened a work session to study the proposed FY 2024 budget. Board discussion included reaffirming that accelerating the completion of Bolts Lake Reservoir is the board’s top priority. A public hearing on the proposed budget will be held on Oct. 26. Community Outreach: Rate restructuring Siri Roman reported on community outreach explaining the foundational corrections to certain rate structures that will be implemented in January 2024. Diane Johnson said a postcard was sent to all mailing address in the Authority and Vail Water service areas to inform customers of increased rates and rate structure changes to Individually Metered Residential and Irrigation-Only accounts. Minturn/Battle North Settlement Agreement Siri Roman presented a letter that was sent to Minturn and Battle North restating agreement provisions and clarifying mutual expectations regarding the recreational uses of Bolts Lake. Water Conservation Program Updates Allison Ebbets and Salma Huque presented a personalized, interactive web-based bill forecasting tool to help customers calculate projected 2024 billings compared to 2023 and how changing water use will impact their total bill. The tool will be available on the District website in October. Drought Management Plan Jason Cowles said the District and Authority received a Colorado Water Conservation Board grant to develop a drought / water scarcity management plan. Joint Work Session with Becky Mitchell Diane Johnson said Colorado River Commissioner Becky Mitchell will meet with the District and Authority boards on Oct. 20. Commissioner Mitchell will also speak at a community event on Oct. 20 at the Lionshead Grand View Room. M E M O R A N D U M TO: Board of Directors FROM: Brian Thompson, Government Affairs Supervisor DATE: Dec. 1, 2023 RE: Summary of Authority’s Oct. 26, 2023, Board Meeting The following is a summary of items discussed at the Authority’s Oct. 26, 2023, board meeting. Directors present and acting were Chair George Gregory, Secretary Kim Bell Williams, Treasurer Geoff Dreyer, Kevin Hillgren, Mike Trueblood, and Tamra Underwood. Secretary Bell Williams served as the presiding officer due to Chair Gregory’s remote attendance. FY 2024 Budget. Rates and Fees Public hearings were held concerning the proposed FY 2024 budget, service rates, and fees. The board approved resolutions to adopt the budget, appropriate sums of money, and increase certain rates and fees. Water Revenue Bond The board approved a parameters resolution authorizing the issuance and sale of an enterprise water revenue bond. Stock Purchase The board exercised the Authority’s option to purchase 250 shares of stock in Eagle Park Reservoir Company from the Eagle River Water & Sanitation District, equating to 25 acre-feet of water. Water Lease The board approved negotiating a long-term lease from the Colorado River Water Conservation District. Fund Balance Policy Jim Cannava presented a draft fund balance policy that would set the fund balance target at a minimum of six months and a maximum of twelve months of annual budgeted operating costs. The board will consider it for adoption on Dec. 7. Water allocation for State Land Board (SLB) Parcel Jason Cowles discussed the proposed plan to annex and rezone SLB property in Dowd Junction and a potential allocation of water for workforce housing projects. Extended Shoshone Power Plant Outage The board approved allocating the Authority’s remaining contracted water supplies in Green Mountain Reservoir to support the Shoshone Outage Protocol. Draft Water Dedication Policy Kristin Moseley presented a draft water dedication policy. The policy increases the cash in lieu fees based on inflation, the anticipated construction costs of Bolts Lake, and the elimination of a summer water price. The board will consider the policy for adoption at the Dec. 7 board meeting. PFAS Class Action Settlements The board discussed the Authority’s class member status in certain per- and polyfluorinated (PFAS) class action settlements. Steve Bushong will consult with an attorney specializing in PFAS and report to the board prior to the settlement deadlines with insights into whether the Authority should be included or excluded in these settlements.