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FINAL - Finance Commitee Packet 9.16.2024SEPTEMBER 16, 2024; FINANCE COMMITTEE MEETING AGENDA        PAGE  1  FINANCE COMMITTEE MEETING AGENDA  MONDAY, SEPTEMBER 16, 2024 MEETING BEGINS AT 12:00 PM 100 MIKAELA WAY, AVON CO 81620  1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF MAY 20, 2024 MINUTES (NOT APPROVED AT THE LAST MEETING) 3. APPROVAL OF JULY 15, 2024 MINUTES 4. PUBLIC COMMENT [Public comments are limited to three (3) minutes. The speaker may be given an additional one (1) minute, which may be approved by a majority of the Committee.] 5. RESOLUTION 24-01 SUPPORTING TOWN OF AVON BALLOT ISSUE 2C - USE TAX ON CONSTRUCTION MATERIALS TO BENEFIT COMMUNITY HOUSING (CHIEF FINANCIAL OFFICER PAUL REDMOND) 6. GENERAL UPDATE ON 2024 FINANCIALS (CHIEF FINANCIAL OFFICER PAUL REDMOND) 7. GENERAL UPDATE ON 2025 PROPOSED BUDGET AND REVENUE PROJECTIONS (CHIEF FINANCIAL OFFICER PAUL REDMOND) 8. DISCUSSION: COMMITTEE EXPIRATION ON DECEMBER 31, 2024 AND DESIRE TO EXTEND (TOWN MANAGER ERIC HEIL) 9. NEXT COMMITTEE MEETING DATE:  November TBD. We need to pick a date for November, the 3rd Monday in November conflicts with PZC due to a schedule adjustment for Thanksgiving the 4th week. 10. ADJOURNMENT FUTURE AGENDAS:  AVON RECREATION CENTER EXPANSION  EPS AVON REVENUE & ECONOMIC STUDY 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 FINANCE COMMITTEE MEETING MONDAY, MAY 20, 2024 HYBRID MEETING; IN-PERSON AND ON TEAMS Finance Committee Meeting, May 20, 2024 1 | 2 1. ROLL CALL The meeting began at 5:10 p.m. PRESENT- Finance Committee: Lisa Post (virtually), Craig Ferraro (virtually), John Widerman and Steve Coyer. Town Council: Councilor Rich Carroll Town Staff: Town Manager Eric Heil, Chief Financial Officer Paul Redmond and Chief Administrative Officer Ineke de Jong, as Secretary. ABSENT- Finance Committee: Clark Rogers and Markian Fedeschuk Town Council: Councilor Tamra Underwood Town Manager Eric Heil kicked off the meeting by thanking all committee members for their patience during the long pause in meetings as we started up the Avon Downtown Development Authority (DDA) Board which has taken up a lot of staff time in the last 12 months. Eric expressed staff was happily surprised by the enthusiasm and interest from everyone to continue to serve on the committee and tackle a list of finance topics. 2. APPROVAL OF JUNE 19TH, 2023 MINUTES Steve Coyer moved to approve the minutes from the June 19th, 2023 meeting and John Widerman seconded the motion. The motion passed unanimously by those present. 3. PUBLIC COMMENT There was no public comment. 4. GENERAL UPDATE ON 2024 FINANCIALS (CHIEF FINANCIAL OFFICER PAUL REDMOND) Chief Financial Officer Paul Redmond delivered his presentation on the financial results year to date. As this was a work session, no action was taken. 5. USE TAX (CHIEF FINANCIAL OFFICER PAUL REDMOND) Chief Financial Officer Paul Redmond delivered his presentation on Use Tax. As this was a work session, no action was taken. 6. VILLAGE (AT AVON) (CHIEF FINANCIAL OFFICER PAUL REDMOND) Chief Financial Officer Paul Redmond introduced the topic of the Village at Avon. As this was a ork session, no action was taken. 7. AVON DDA (CHIEF FINANCIAL OFFICER PAUL REDMOND) Chief Financial Officer Paul Redmond delivered his slides on the Avon DDA and expressed the DDA passed last August by the eligible Avon voters and there is an overlay with the Urban Renewal Authority. As this was a work session, no action was taken. 8. AVON HOUSING AUTHORITY (CHIEF FINANCIAL OFFICER PAUL REDMOND & TOWN MANAGER ERIC HEIL) Chief Financial Officer Paul Redmond explained this separate legal entity was established many years ago in 1989 and hasn’t been very active. As this was a work session, no action was taken. FINANCE COMMITTEE MEETING MONDAY, MAY 20, 2024 HYBRID MEETING; IN-PERSON AND ON TEAMS Finance Committee Meeting, May 20, 2024 2 | 2 9. GOALS AND ROLES OF THE FINANCE COMMITTEE (TOWN MANAGER ERIC HEIL) Town Manager Eric Heil expressed this was a general overview and re-introduction of a range of finance topics and staff would like to hear from the committee what we can bring back for more discussion. Otherwise we will focus on the Village at Avon and the State Land Board Annexation. The State Land Board Annexation will come with a lot of demand and little taxes, but the tenants will still pay sales taxes when they go shopping in Avon. It will not be a money maker but an increase in demand on services. It will be interesting to look into that with the committee. 10. NEXT COMMITTEE MEETING DATE After deliberations, consensus among Finance Committee Members was to schedule meetings bi- monthly on the 3rd Monday of the month. The next meeting is Monday July 15, 2024 at 5:00 p.m. at the Mount Holy Cross meeting room at Avon Town Hall. 11. ADJOURNMENT Craig Ferraro motioned to adjourn the meeting, the time was 6:32 p.m. Respectfully Submitted by: Ineke de Jong, Chief Administrative Officer. FINANCE COMMITTEE MEETING MONDAY, JULY 15, 2024 HYBRID MEETING; IN-PERSON AND ON TEAMS Finance Committee Meeting, July 15, 2024 1 | 2 1. ROLL CALL Present in Person: Committee members Craig Ferraro and Lisa Post and Councilors Rich Carroll and Tamra Underwood. Present Virtually: Courtney Sievers with Magellan Strategies and Town of Avon Marketing & Communications Manager Elizabeth Wood. Absent: Committee Members Clark Rogers, John Widerman, Markian Fedeschuk and Steve Coyer. Staff: Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Chief Financial Officer Paul Redmond and Chief Administrative Officer Ineke de Jong, as Secretary. The meeting was called to order at 5:13 p.m. Town Manager Eric Heil expressed we don’t have a quorum for the finance committee meeting but no decisions will be made this evening as all items are work sessions for informational purposes. 2. APPROVAL OF MAY 20TH, 2024 MINUTES The minutes did not get approved as there was no quorum for a meeting. 3. PUBLIC COMMENT There was no public comment. 4. USE TAX VOTER P OLLING UPDATE (CHIEF FINANCIAL OFFICER PAUL REDMOND) Chief Financial Officer Paul Redmond introduced Courtney Sievers with Magellan Strategies who delivered her presentation on the results of the Use Tax voter polling survey performed in June 2024 by Magellan Strategies. She answered questions from the committee members, councilors and staff. As this was a work session, no action was taken. 5. GENERAL UPDATE ON 2024 FINANCIALS (CHIEF FINANCIAL OFFICER PAUL REDMOND) Chief Financial Officer Paul Redmond delivered his presentation on the financial results through end of April 2024. As this was a work session, no action was taken. 6. VILLAGE (AT AVON) (CHIEF FINANCIAL OFFICER PAUL REDMOND AND TOWN MANAGER ERIC HEIL) Chief Financial Officer Paul Redmond and Town Manager Eric Heil delivered the slides on the Village at Avon financials. As this was a work session, no action was taken. 7. FISCAL PEER COMMUNITY COMPARISON STUDY (CHIEF FINANCIAL OFFICER PAUL REDMOND) Chief Financial Officer Paul Redmond delivered his slides on the Fiscal Peer Community Comparison Study. He explained the last study was completed in 2022 and the Town is looking to create an updated report in 2025. As this was a work session, no motion was made. 8. NEXT COMMITTEE MEETING DATE During it’s last meeting, the Finance Committee Members agreed to meet bi-monthly on the 3rd Monday of the month. The next meeting is Monday September 16, 2024 at 5:00 p.m. (or earlier) at the Mount Holy Cross meeting room at Avon Town Hall. The agenda will include consideration for a resolution to support a use tax ballot question. There would be a review of the RFP for the 2025 fiscal peer community comparison study and a few other items. The 2 members present expressed they are flexible with the meeting time on September 16 and asked staff to check with the other 4 members on FINANCE COMMITTEE MEETING MONDAY, JULY 15, 2024 HYBRID MEETING; IN-PERSON AND ON TEAMS Finance Committee Meeting, July 15, 2024 2 | 2 their preferred meeting time for that day and future meetings. The 3rd Monday in November conflicts with the Planning & Zoning Commission due to a schedule adjustment for the Thanksgiving holiday in the 4th week. The 2 members present suggested we can skip the November meeting (& reconvene in January) as the finance team and Town staff will be very busy with the 2025 proposed budget process and in general it’s a busy time of year for everyone. Staff said there would be a committee appreciation dinner for all Avon boards, committees & the planning & zoning commission on Tuesday December 17. A save the date will follow. 9. ADJOURNMENT The meeting adjourned, the time was 7:37 p.m. Respectfully Submitted by: Ineke de Jong, Chief Administrative Officer. These minutes are action minutes and only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office. 970.748.4088 predmond@avon.org TO: Finance Committee Members FROM: Paul Redmond, Chief Finance Officer RE: Resolution 24-01 Support of the Use Tax on Construction Materials Ballot Question DATE: September 13, 2024 SUMMARY: Resolution 24-01 expresses the Avon Finance Committee’s support of Ballot Issue 2C, the Use Tax on New Construction question placed on the November 5, 2024, ballot.  BACKGROUND: Avon Town Council Ordinance No. 24-12 Use Tax on Construction Materials was approved by Council at the August 27, 2024, Council Meeting, at the second and final reading. Ordinance No. 24-12 referred a ballot question to the November 5, 2024, election. The Ordinance also amended the Avon Municipal Code to establish Chapter 3.09, Use Tax on Construction Materials. The Use Tax would only apply to new construction and includes an exemption of $125,000 in total building materials value and limits the exemption value of building materials for building permits over a three-year period. SAMPLE MOTION: “I move to approve Resolution 24-01 Supporting Town of Avon Ballot Issue 2C, Use Tax on Construction Materials to benefit Community Housing”. The Towns Clerks office will post this Resolution 24-01 in the following locations: Avon Town Hall: 100 Mikaela Way, Avon Colorado, 81620 Avon Public Library: 200 Benchmark Rd, Avon Colorado, 81620 Avon Recreation Center: 90 Lake St, Avon Colorado, 81620 Thank you, Paul ATTACHMENT A – RESOLUTION 24-01 ATTACHMENT B – AVON TOWN COUNCIL ORDINANCE NO. 24-12 Resolution No. 24-24 September 24, 2024 Page 1 of 1 RESOLUTION 24-01 SUPPORTING TOWN OF AVON BALLOT ISSUE 2C USE TAX ON CONSTRUCTION MATERIALS TO BENEFIT COMMUNITY HOUSING WHEREAS, the Colorado Fair Campaign Practices Act expressly authorizes local governments to pass a resolution taking a position of advocacy and reporting the passage of, and distributing, the resolution through established and customary means by C.R.S. §1-45- 117(1)(b)(III), and WHEREAS, the Avon Finance Committee finds that Ballot Issue 2C will promote the sustainability of the Avon community by asking registered Avon voters to impose a 4% use tax on construction materials to fund community housing as part of the General Election on November 5th, 2024; and WHEREAS, the Committee acknowledges that there is a dire need for community housing and Avon Town Council has declared the development and acquisition of workforce housing to be the number one priority; and WHEREAS the imposition of the 4% use tax on construction materials is not a new tax but rather replaces the existing 4% sales tax, and allows for the collection of the tax on construction materials purchased outside Avon and dedicates the new revenue to support and secure the additional funding needed to make vital improvements for local community housing; and WHEREAS, the Town of Avon has adopted the Community Housing Plan in 2018 to help address the housing challenges with dedicated Real Estate Transfer Tax Revenues to programs such as the establishment of a homebuyer assistance program for Avon residents, potential use of town owned land for affordable housing, as well as secured state grants for regional housing planning efforts; and NOW, THEREFORE, BE IT RESOLVED, the Avon Finance Committee hereby supports and endorses Town of Avon Ballot Issue 2C for Use Tax on Construction Materials to benefit community housing in the upcoming November 5, 2024 General Election, as a measure that will improve funding for community housing and promote increased livability, sustainability and economic vitality for Avon and the Eagle County region. ADOPTED SEPTEMBER 16, 2024 BY THE AVON FINANCE COMMITTEE By: Attest:___________________________ Finance Committee Miguel Jauregui Casanueva, Town Clerk ATTACHMENT A Avon COLORADO ORDINANCE NO.24-12 REFERRING A BALLOT QUESTION REGARDING USE TAX ON CONSTRUCTION MATERIALS TO THE NOVEMBER 5, 2024 ELECTION AND AMENDING THE AVON MUNICIPAL CODE TO ESTABLISH CHAPTER 3.09 USE TAX ON CONSTRUCTION MATERIALS WHEREAS, pursuant to C.R.S. §31- 15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon ("Town"), the Avon Town Council ("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, Council finds that the referral of a 4% Use Tax on Construction Materials to the Avon electorate is appropriate and beneficial for the Avon community in order to reduce the administrative burden of Town and builders, to adopt a use tax that matches the Town's sales tax, to increase the collection of revenues related to new construction for general government purposes and to increase revenues in the Village (at Avon) for the purpose of accelerating the satisfaction of the Town's tax credit obligations; and WHEREAS, the Council finds that adoption of a use tax will promote the health, safety and general welfare of the Avon community; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Chapter 3.09 Enacted. A new Chapter 3.09 - Use Tax on Construction Materials in the Avon Municipal Code, set forth in EXHIBIT A: Chapter 3.09 attached hereto, is hereby enacted subject to voter approval as described in Section 3 of this Ordinance. Section 3. Election and Effective Date. Under Article X, Section 20 of the Colorado Constitution, the Council refers the tax increase provided in this ordinance to the qualified electors of the Town for approval at the regular Town election scheduled for November 5, 2024. Ord 24-12 Use Tax on Construction Materials August 23, 2024 — SECOND READING Page 1 of 2 ATTACHMENT B If approved by a majority of the electors voting thereon, this ordinance shall become effective when the Town Clerk or other designated election official duly files the required certificate of election, or on January 1, 2025, whichever occurs last. Section 4. Ballot Title and Questions. The ballot title and question submitted to the electors shall be as follows: Ballot Title: USE TAX ON NEW CONSTRUCTION TO FUND COMMUNITY HOUSING Ballot Question: SHALL THE TOWN OF AVON'S TAXES BE INCREASED BY FOUR MILLION DOLLARS ($4,000,000) IN THE FIRST YEAR 2025, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY THE IMPOSITION OF A FOUR PERCENT (4%) USE TAX FOR THE PRIVILEGE OF USING OR CONSUMING IN THE TOWN ANY CONSTRUCTION MATERIALS; AND SHALL SUCH USE TAX REVENUES BE APPROPRIATED FOR COMMUNITY HOUSING; AND SHALL CONSTRUCTION PROJECTS EQUAL TO OR LESS THAN $125,000 IN CONSTRUCTION MATERIALS BE EXEMPT FROM PAYING THE USE TAX; ALL IN ACCORDANCE WITH, AND FURTHER DEFINED BY, TOWN OF AVON ORDINANCE NO.24-12; AND SHALL THE REVENUES COLLECTED FROM SUCH TAX AND ANY EARNINGS FROM THE INVESTMENT OF SUCH REVENUES BE COLLECTED AND SPENT AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS WHICH WHOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on August 13, 2024, and setting such public hearing for August 27, 2024 at the Council Chambers of the Avon Municipal Building, located at 100 Mikaela Way, Avon, Colorado. Phijllips, Mayor ATTEST: Miguel Jauregui ED ON SECOND AND FINAL READING by the Avon T 2024, after conducting a public hearing. ATTEST: Miguel Jan APPROVED AS TO FORM: Nina Williams, Town Attorney Ord 24-12 Use Tax on Construction Materials August 23, 2024 — SECOND READING Page 2 of 2 eva, T Council on ATTACHMENT B EXHIBIT A: Chapter 3.09 — Use Tax on Construction Materials CHAPTER 3.09 — Use Tax on Construction Materials 3.09.010 — Title, Purpose, and Applicability. a) This Chapter shall be known and may be cited as "The Town of Avon Use Tax on Construction and Building Materials." b) The purpose of this Chapter is to raise revenue for the Community Housing Fund. The Town Council find that every person who uses or consumes in the Town any construction and building materials is exercising a taxable privilege. c) Subject only to the exemptions set out at Section 3.09.040, the use tax imposed herein shall apply to any use or consumption in the Town of construction and building materials purchased at retail on or after January 1, 2025. 3.09.020 — Definitions When not otherwise clearly indicated by the context, the following words and phrases, as used in this chapter, shall have the following meanings: Building permit means a permit, issued by the Town, allowing the permit holder to construct, enlarge, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or plumbing system regulated by the adopted building codes of the Town. A building permit shall not include any permit for demolition or dewatering. Charitable organization means any entity which has been certified as a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code. Construction equipment means any equipment, including mobile machinery and mobile equipment, which is used to erect, install, alter, demolish, repair, remodel, or otherwise make improvements to any real property, building, structure, or infrastructure, whether leased or owned. Construction Materials means tangible personal property which, when combined with other tangible personal property, loses its identity to become an integral and inseparable part of a structure or project including public and private improvements. Construction Materials include, but are not limited to, such things as: asphalt, bricks, builders' hardware, caulking material, cement, concrete, conduit, electric wiring and connections, fireplace inserts, electrical heating and cooling equipment, flooring, glass, gravel, insulation, lath, lead, lime, lumber, macadam, millwork, mortar, oil, paint, piping, pipe valves and pipe fittings, plaster, plumbing fixtures, putty, reinforcing mesh, road base, roofing, sand, sanitary sewer pipe, sheet metal, site lighting, steel, stone, stucco, tile, trees, shrubs and other landscaping materials, wall board, wall coping, wallpaper, weather stripping, wire netting and screen, water mains and meters, and wood preserver. The above materials, when used for forms, or other items which do not remain as an integral and inseparable part of completed structure or project are not construction materials. 1 ATTACHMENT B Construction valuation means the total value of the work, including labor and construction and building materials, for which a permit is issued, including leased construction equipment, electrical, gas, mechanical, plumbing equipment and permanent systems, as determined by the building department or building official. Consumption means the act or process of consuming, and includes waste, destruction, or use. Consumption is the normal use of property for the purpose for which it was intended. Contractor means any person who shall build, construct, reconstruct, alter, expand, modify, or improve any building, dwelling, structure, infrastructure, or other improvement to real property for another party pursuant to an agreement. For purposes of this definition, Contractor also includes subcontractor. Director means the Chief Finance Officer for the Town or such person's designee. Person means any individual, firm, partnership, joint venture, corporation, limited liability company, estate or trust, receiver, trustee, assignee, lessee, or any person acting in a fiduciary or representative capacity, whether appointed by court or otherwise, or any group or combination acting as a unit. Purchase or sale means the acquisition for any consideration by any person of tangible personal property by way of purchase, lease, or rental, including capital leases, installment and credit sales, and lease -purchase, rental or grant of a license to use, which consideration may include money, exchange of property or services, or any other thing of value. Purchase price means the aggregate value in money of anything or things paid or delivered or promised to be paid or delivered by a purchaser to a retailer or any person in the consummation of a retail sale as defined herein, without any deduction therefrom for the cost of the property sold, cost of materials used, labor or service cost, or any other expense whatsoever, and provided that when articles of tangible personal property are sold after manufacture or after having been made to order, the gross value of all materials, labor, service, and profit thereon shall be included in the purchase price; provided that the purchase price shall not include any direct tax imposed by the United States government, the state, or this chapter. Retail Sale or Purchased at Retail means any purchase or sale of tangible personal property, except a wholesale sale or purchase made for taxable resale. Taxpayer means any person obligated to collect and/or pay tax under this Code. Town means the Town of Avon. Use means the exercise, for any length of time, by any person with the Town of any right, power or dominion over tangible personal property or services when rented, leased, or purchased at retail from sources within or with the Town; or tangible personal property used in the 2 ATTACHMENT B performance of a contract in the Town, whether or not owned by the taxpayer. Use also includes withdrawal of items from inventory for consumption. Wholesale sales mean a sale to a licensed retailer, jobber, dealer, or other wholesaler for resale. Sales by wholesalers to consumers, including persons who use or consume construction and building materials, as defined by this Section, are not wholesale sales. Sales by wholesalers to non -licensed retailers are not wholesale sales. Wholesaler means any person selling to retailers, jobbers, dealers, or other wholesalers, for the purpose of resale and not for storage, use, consumption, or distribution. 3.09.030 — Use tax imposed. a) There is hereby imposed and levied in the Town, and shall be collected and paid, a use tax on the privilege of using or consuming within the Town construction and building materials of every kind and form purchased or leased inside or outside the Town. b) The use tax imposed by this Chapter shall be at the rate of four percent (4%) of the cost of construction and building materials used or consumed in the Town, including leased equipment. For purposes of this Chapter, the cost of construction and building materials is deemed to be fifty percent (50%) of the construction valuation. c) Any construction and building material used or consumed on a project which has received all final development review approvals required by Title 7 of the Avon Municipal Code on or before December 31, 2024, shall not be subject to the use tax imposed herein. If any approval expires by its terms after December 31, 2024, such application for development review shall then be subject to the use tax imposed by this Chapter. 3.09.040 — Exemptions. The following are exempt from the use tax imposed by this chapter, provided that the list of exemptions cannot be increased by implication or similarity and the burden of proof is upon the taxpayer to establish an exemption: a) The use or consumption of construction and building materials the sale of which is subject to a retail sales tax imposed by the Town; b) The use or consumption of construction and building materials purchased for resale in the Town, either in their original form or as an ingredient of a manufactured or compounded product, in the regular course of business; c) The use or consumption of construction and building materials by the United States government; by the State, its departments or institutions or political subdivisions thereof in their governmental capacities only; or by the Town; providing, however, that no commercial, industrial or other banking institution, organized or chartered by 3 ATTACHMENT B the United States government, any agency or department thereof, or by the State, shall be considered a governmental institution for the purpose of this exemption; d) The use or consumption of construction and building materials by charitable organizations in the conduct of their regular charitable functions; except that nothing herein contained shall be deemed to exempt use of construction and building material or supplies used by a contractor for the construction of an improvement for a charitable organization; e) The use or consumption of construction and building materials by a person engaged in the business of manufacturing or compounding for sale, profit, or use of any article, substance, or commodity, which construction and building materials enters into the processing of or becomes an ingredient or component part of the product or service which is manufactured, compounded, or furnished, and the container, label, or the furnished shipping case thereof, f) The use or consumption of construction and building materials if a written contract for the purchase thereof was entered into prior to January 1, 2025; g) The use or consumption of construction and building materials required or made necessary in the performance of any construction contract bid, let, or entered into at any time prior to January 1, 2025; h) The storage of construction and building materials; i) A building project or projects, subject to a Town of Avon Building Permit or Permits issued within a three arperiod, with a total ^enstr- ietion valuation building material value of one hundred twenty thousand dollars ($125,000.00) or less; j) The use or consumption of construction and building materials in the Town on which the use tax imposed by this Chapter has already been paid; and k) Any transaction which the Town is prohibited from taxing under applicable law. 3.09.050 — Credit for taxes paid to another taxing authority. a) The Town's use tax shall not apply to the use or consumption of any construction and building materials the sale or use of which has already been subjected to a legally imposed sales or use tax of another statutory or home rule town, city, or city and county equal to or in excess of the use tax imposed herein. b) A credit shall be granted against the Town's use tax in an amount equal to lawful tax previously paid by the purchaser or user to another taxing authority, provided that the amount of credit shall not exceed the amount of use tax imposed by this Chapter. c) The burden of proof is upon the taxpayer to establish the right to any credit claimed. 4 ATTACHMENT B d) It is the intent of this Chapter for Town taxes to be paid at the time a building permit is issued. Once such permit is issued, persons engaged in construction projects in the Town are considered to be the end users of construction and building materials and must not pay municipal sales tax to a retailer in another jurisdiction for materials to be used or consumed in the Town. No refund or credit of another municipality's tax will be allowed unless such tax is legally imposed. 3.09.055 — Tax credit for the Village (at Avon). RESERVE. I Netwithstandiag any ethpr-. of this Ghaptef:, there shall be gr-anted MOM! 3.09.056 - Tax credit for Community Housing. Notwithstanding any other provision of this Chapter, there may be granted a tax credit to each person owing tax on the use or consumption of construction and building materials and fixtures used in a Community Housing project provided that such use tax credit is approved by Council by resolution in accordance with Chapter 3.14. Neither the ability of the Town to grant this tax credit nor the repeal or termination of this tax credit shall constitute a tax rate increase, the imposition of a new tax or a tax policy change. 3.09.057 - Temporary tax credit for renewable energy production components. Notwithstanding any other provision of this Chapter, there shall be granted a temporary tax credit to each person owing tax on the use or consumption of components used in the production of electricity, generation of heat or cooling of air, from a renewable energy source, including but not limited to wind, solar, solar thermal systems, and geothermal energy systems, provided that this temporary tax credit shall commence on the effective date of this ordinance and shall continue until December 31, 2024, whereupon this temporary tax credit shall automatically expire unless extended by adoption of an ordinance. Neither the ability of the Town to grant the temporary tax credit nor the termination of the credit shall constitute a tax increase, the imposition of a new tax or a tax policy change. 3.09.060 — Collection and administration. a) The administration of this chapter is hereby vested in the Director, who shall prescribe forms and promulgate rules and regulations for the proper administration and 5 ATTACHMENT B enforcement of this chapter. The Director may delegate to any person the power and authority necessary for the proper administration and enforcement of this chapter. b) The use tax required by this Chapter shall initially be made by estimate, which estimated amount must be paid at or prior to the time any permit for building or construction within the Town is issued. No permit shall be issued by the Town Building Official, or any other town employee, to any person requesting a permit for construction within the Town until such estimated use tax has been paid, except as described below for single-family and duplex residential building_ permits. The tax estimate shall be made by the Director, working with the Community Development Department to determine the Construction Valuation. A single family or duplex building permit applicant may request deferral of the payment of the Use Tax until completion of construction whereupon payment in full shall be a condition of issuing a Temporary Certificate Occupancy or Certificate of Occupancy. c) All use taxes due to the Town must be paid in full before a final building inspection may take place and a permanent or temporary certificate of occupancy issued. The Director may determine the amount of use taxes due to the Town before final inspections occur or certificates of occupancy issue. To assist in this determination, the Director may request information from the taxpayer, who shall timely provide it, which information may include proof of actual amounts paid for construction and building materials used or consumed in the building project. d) A person engaged in a construction project in the Town who does not apply for and have issued a permit or who seeks and obtains prior approval of the Director to remit use taxes in accordance with this Subsection (d) shall, on or before the twentieth day of each succeeding month following the start of construction, file a return with the Director attaching all statements and invoices establishing the price paid for building and construction materials used in the local project, along with a summary sheet for materials purchased the previous month, and shall thereupon pay to the Town the full amount of use tax due for the preceding month or months. Any failure to make such return and payment of such use tax shall be deemed a violation of this Chapter, which may, upon conviction, subject the violator to penalties provided. 3.09.070 — Penalty and Interest. a) If any person fails, neglects, or refuses to pay the use tax as required by this chapter, or if any taxpayer fails to remit the proper amount of tax or underpays the tax, then penalties and interest shall be imposed in accordance with this section. b) If a person neglects or refuses to pay any use tax as required by this Chapter within ten (10) days after the same is due, the Director shall make an estimate, based upon such information as may be available, of the amount of use tax due for the period for which the taxpayer is delinquent and shall add thereto a penalty equal to the greater of fifteen dollars ($15.00) or ten percent (10%) of the amount due and interest at the rate a ATTACHMENT B of one -and -a -half percent (1.5%) per month from the time delinquent payment was due. c) If any part of the deficiency is due to fraud with the intent to evade the tax, there shall be added a penalty of one hundred percent (100%) of the total amount of the deficiency, and in such case the whole amount of the tax unpaid, including the additions, shall become due and payable ten (10) days after written notice and demand by the Director, and an additional three percent (3%) per month on said amount shall be added from the date payment was due, until paid. d) The Director may, for good cause shown, waive any penalty or interest. 3.09.080 — Remedies not exclusive. In addition to enforcement remedies expressly provided in this chapter, the Town may pursue any other remedies available at law or in equity. 3.09.090 — Lien. The tax imposed by this Chapter, together with accrued interest and penalties, shall be a first and prior lien on any real property into which the construction and building materials were incorporated. 3.09.100 — Limitation of Action. Use tax, interest, and penalties shall be assessed, and any action to collect the same shall be commenced, within three (3) years of the issuance of a final certificate of occupancy for the improvement on which the use tax was paid. This period of limitation shall not run for any period of time covered by an audit if written notice of that audit is given to the taxpayer prior to expiration of the limitation period. 3.09.110 — Refunds. a) Upon completion of construction, the taxpayer may apply to the Director for a refund of overpaid taxes. Such application shall be supported by documentation required by the Director or as needed to establish actual amounts paid for construction and building materials used or consumed as part of a building project. b) A taxpayer claiming an exemption may pay the use tax under protest. Applications for refund of such protested tax must be made within sixty (60) days of issuance of the building permit for which the use tax was paid under protest. c) A taxpayer claiming refund for use tax paid by mistake or in error must make that claim within three (3) years of the final inspection or issuance of a permanent certificate of occupancy, whichever comes later, for the improvement on which the use tax was paid. 7 ATTACHMENT B d) All claims for refund shall be upon forms prescribed by the Director and made in such manner as required by the Director. The Director shall promptly review refund claims and issue a denial in writing, state the reason therefor, or provide the funds requested, after applying any refund amount against outstanding tax liabilities. e) If a taxpayer disputes a refund denial, the taxpayer shall provide the Director with a written protest, filed within 30 days of the Director's notice. The protest shall identify specific grounds for dispute, including any necessary documentation, and shall request a hearing before the Director. This protest process, and that of any related appeal, shall be in accordance with Section 29-2-106.1, Colorado Revised Statutes. e) The right to refund shall not be assignable. 3.09.120 — Audit. a) The Town may audit, or the taxpayer request an audit, within three (3) years from the issuance of any certificate of occupancy for the improvement on which the use tax was paid. An audit requested by the taxpayer shall be at the taxpayer's sole cost. b) If the recomputed use tax is less than the amount of use tax paid by the taxpayer, the difference shall be refunded to the taxpayer within thirty (30) days of the final determination of the Town. If the recomputed use tax is more than the amount of use tax paid by the taxpayer, the difference, along with any interest and penalty imposed by this chapter, shall be due and payable by the taxpayer immediately upon the final determination of the Town with notice to the taxpayer. 3.09.130 — Book, Records, Reports, and Returns. a) Every person liable for any use tax imposed by this chapter shall keep and preserve, for a period of three (3) years from the date of issuance of a final certificate of occupancy for the improvement on which the use tax was paid, all books, records, reports and returns necessary to determine the amount of tax liability. All such books, records, reports, and returns shall be open for examination at any time by the Director. b) Any information gained by taxpayer disclosure or as part of an audit or investigation shall be entitled to the same level of confidentiality afford to sales tax information, as set out in Chapter 3.08 of the Avon Municipal Code. c) For the purpose of determining the amount of tax due from any taxpayer, the Director may hold investigations and hearings concerning any matters covered by this Chapter, and may examine any relevant books, papers, records, or memoranda of any such person, requiring the attendance of such taxpayer, or any officer or employee of such taxpayer, or of any person having relevant knowledge, and taking such testimony and proof as may be necessary to properly ascertain any tax liability. The Director shall H. ATTACHMENT B have power to administer oaths to any person in the course of such investigations or hearings. Production of documents and attendance of witnesses shall be requested by the Director on his or her own motion or on motion of any parry; any request for production or attendance shall inform persons that compliance is voluntary but that, if the request is not complied with, the Director may apply to the Municipal Judge for issuance of a subpoena. d) The Municipal Judge, upon application of the Director, may compel the attendance of witnesses, the production of books, papers, records or memoranda, and the giving of testimony before the Director or any of his or her duly authorized agents, by the issuance and enforcement of subpoenas, in the same manner as production of evidence may be compelled before the court. 3.09.140 — Violation and Penalty a) It is a violation of this Chapter for any person subject to the use tax levied by this chapter to submit any false or fraudulent use tax information to the town, to make any false statement on any document used to calculate taxes due under this chapter, to fail or refuse to make payment of any taxes due, to evade the payment of any taxes due, or to aid or abet another in any attempt to evade the payment of any taxes due under this chapter. b) In addition to any other penalty provided in this Chapter, any person who violates any provision of this Chapter shall be punished in accordance with Section 1.08 of the Avon Municipal Code. 9 ATTACHMENT B 970-748-4044 dstockdale@avon.org TO: Honorable Mayor Amy Philips and Council Members FROM: Dean Stockdale, Senior Accountant RE: Financial Report – July & June 2024 data DATE: August 15th, 2024 SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and short-term rental tax for June 2024 and the recreation fees and real estate transfer tax revenues for July 2024. BACKGROUND: The percentage variance, or comparative change is reflected in the analysis portion of this report in respect to each individual section for June revenues in 2024 and July 2024. Tax revenues are not budgeted on a monthly basis; however, for purposes of analysis, monthly budget variances are based on a 3-year average of actual revenues. REVENUE ANALYSIS: Sales Tax: Revenues – June 2024: June sales tax revenues totaled $1,169,041. This is a decrease of $167,691 or 12.54% compared to June 2023 sales tax revenue of $1,336,733. Decrease to Manufacturing and Construction sales tax is primarily due to sales tax from the Frontgate project in prior year. JUNE 2023 v JUNE 2024 SALES TAX COMPARISON BY INDUSTRY June 2023 June 2024 Increase/Decrease Home/Garden $156,867.11 $152,752.72 ($4,114.39) Grocery/Specialty/Health $182,542.05 $178,551.53 ($3,990.52) Sporting Goods Retail/Rental $45,712.28 $49,397.26 $3,684.98 Miscellaneous Retail $70,414.41 $59,232.67 ($11,181.74) Accommodations $119,618.16 $105,316.45 ($14,301.71) Restaurants/Bars $165,196.70 $166,812.23 $1,615.53 Other $38,069.05 $23,177.30 ($14,891.75) Service Related $128,046.99 $110,677.48 ($17,369.51) Liquor Stores $21,078.56 $19,935.41 ($1,143.15) E-Commerce Retail $64,313.63 $89,128.55 $24,814.92 Manufacturing/Wholesale $113,489.83 $66,985.20 ($46,504.63) Construction Related Services $184,120.81 $95,191.21 ($88,929.60) Digital Media Suppliers/Sellers $19,615.66 $27,534.13 $7,918.47 Commercial/Industrial Equipment $26,228.64 $22,242.38 ($3,986.26) Special Events $1,419.74 $2,107.11 $687.37 TOTAL $1,336,733.62 $1,169,041.63 ($167,691.99) Page 2 of 11 Sales Tax: June 2024 Budget v Actual Collections: June 2024 sales tax revenues totaled $1,169,041. This is a decrease of $126,063 over the June 2024 estimates of $1,295,105. This is 9.73% below the adopted 2024 budget (based on a 3-year average). JUNE 2024 BUDGET v ACTUAL COLLECTIONS - SALES TAX 2024 Budget 2024 Actual Dollar Variance Percentage Variance June $1,295,105.17 $1,169,041.63 ($126,063.54) (9.73%) 801,965.52 1,012,305.14 1,116,755.98 1,336,733.62 $1,169,041.63 26.23% 10.32% 19.70% -12.54% $300,000 $500,000 $700,000 $900,000 $1,100,000 $1,300,000 2020 2021 2022 2023 2024 2020-2024 June Sales Tax Revenue Trend Page 3 of 11 Accommodation Tax: Revenues – June 2024: Accommodation tax revenues totaled $113,439 for the month of June. This is a decrease of $14,900 or 11.61% compared to June 2023 accommodation tax revenues, which totaled $128,340. Accommodation tax collections by industry type for June 2024 compared to June 2023 reported a decrease for Hotels, Timeshares, and Vacation Rentals. JUNE 2023 v JUNE 2024 ACCOMMODATION TAX COMPARISON BY INDUSTRY June 2023 June 2024 Increase/(Decrease) Timeshares $23,630.23 $21,228.03 ($2,402.20) Hotels $55,839.83 $46,624.04 ($9,215.79) Vacation Rentals $48,869.94 $45,587.90 ($3,282.04) TOTAL $128,340.00 $113,439.97 ($14,900.03) June 2024 Budget v Actual Collections: June 2024 accommodation tax revenues totaled $113,439. This is a decrease of $43,012 over the June 2024 estimates of $156,452. This is 27.49% below the adopted 2024 budget (based on a 3-year average). JUNE 2024 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX 2024 Budget 2024 Actual Dollar Variance Percentage Variance June $156,452.86 $113,439.97 ($43,012.89) (27.49%) 51,187 158,588 142,677 128,340 113,440 209.82% -10.03% -10.05% -11.61% $0 $25,000 $50,000 $75,000 $100,000 $125,000 $150,000 2020 2021 2022 2023 2024 2020-2024 June Accommodation Tax Revenue Trend Page 4 of 11 Short Term Rental Tax for CH: Revenues – June 2024: STR Tax for Community Housing totaled $47,691 for the month of June. This is a decrease of $7,594 or 13.70% compared to June 2023. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential. JUNE 2023 v JUNE 2024 STR TAX FOR CH COMPARISON BY INDUSTRY June 2023 June 2024 Increase/(Decrease) Timeshares $11,815.10 $10,614.02 ($1,201.08) Hotels $20,374.80 $15,986.55 ($4,388.25) Vacation Rentals $23,095.88 $21,090.49 ($2,005.39) TOTAL $55,285.78 $47,691.06 ($7,594.72) Tobacco & Cigarette Tax: Revenues – June 2024: Tobacco tax revenues totaled $24,579 and cigarette tax revenues totaled $20,193 for June 2024. Compared to June 2023 revenues, this is a decrease of $7,296 for tobacco tax revenues, which totaled $31,876 and a decrease of $411 for cigarette tax revenues, which totaled $20,604. 15,707 22,965 27,785 31,877 24,580 46.21% 20.99% 14.73% -22.89% - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 2020 2021 2022 2023 2024 2020-2024 June Tobacco Tax Revenue Trend Page 5 of 11 June 2024 Adopted Budget v Actual Collections: June 2024 tobacco and cigarette tax revenues totaled $24,579 and $20,193, respectively. This is a decrease of $4,449, over the June 2024 budget for tobacco tax, which is $29,029 and a decrease of $529 over the June 2024 budget for cigarette tax estimates, which is $20,722 which is based on a 3-year average. JUNE 2024 BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES 2024 Budget 2024 Actual Dollar Variance Percentage Variance Tobacco $29,029.08 $24,579.89 ($4,449.19) (15.33%) Cigarettes $20,722.64 $20,193.00 ($529.64) (2.56%) Total ($4,978.83) 24,732 22,932 20,889 20,604 20,193 -7.28% -8.91%-1.36%-1.99% - 5,000 10,000 15,000 20,000 25,000 30,000 2020 2021 2022 2023 2024 2020-2024 June Cigarette Excise Tax Revenue Trend Page 6 of 11 Real Estate Transfer Tax: Revenues – July 2024: July 2024 real estate transfer tax totaled $282,466. Compared to July 2023, which totaled $268,804, this is an increase of $13,662. This is a decrease of $255,008 over the July 2024 budget which was based on a 3-year average. JULY 2024 BUDGET v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES 2024 Budget 2024 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $537,475.19 $282,466.58 ($255,008.61) (47.45%) $234,702 $463,720 $453,491 $268,804 $282,467 97.58% -2.21% -40.73% 5.08% $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 $450,000 $500,000 2020 2021 2022 2023 2024 Real Estate Transfer Tax July Revenue Trends Page 7 of 11 Recreation Center Fees: Revenues – July 2024 Admissions & Program Fees: Recreation admission revenues for July 2024 totaled $113,109 is a decrease of $1,856 compared to July 2023 which totaled $114,965. This is $11,955 above the adopted 2024 budget estimates of $101,154. Recreation program fee revenues for July 2024 totaled $36,990. This is a decrease of $8,933 compared to 2023, which totaled $45,924 This is $3,531 below the adopted 2024 budget estimates, which is $40,522 which is calculated based on a 3-year average. 22,390 92,029 79,235 114,966 113,109 311.03% -13.90% 45.09% -1.61% - 20,000 40,000 60,000 80,000 100,000 120,000 140,000 2020 2021 2022 2023 2024 Recreation Admissions July Revenue Trends $42,861 $44,413 $26,704 $45,925 $36,991 3.62% -39.87% 71.98% -19.45% $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 $50,000 2020 2021 2022 2023 2024 Recreation Program Fees July Revenue Trends Page 8 of 11 Tax Revenue Comparison – 2023 v 2024: All taxes and Rec Admissions are down for 2024 compared to 2023. Below is a table which reflects the dollar change and percentage variance. Adopted Budget 2023 v Actual 2024: Sales Tax, Accommodations Tax, STR for CH, and Tobacco Tax reflect an unfavorable variance over the 2024 budget. Total revenue for the YTD is reflecting an unfavorable variance to the 2024 budget. Below is a table which reflects the dollar change and percentage variance. 2023 v 2024 YTD Revenue Comparison 2023 2024 Dollar Variance Percentage Variance Sales Tax $6,824,829.06 $6,697,823.80 ($127,005.26) (1.86%) Acc. Tax $1,374,907.32 $1,216,137.65 ($158,769.67) (11.55%) STR Tax for CH $620,319.85 $553,891.91 ($66,427.94) (10.71%) Tobacco Tax $180,304.46 $161,885.07 ($18,419.39) (10.22%) Cigarette Tax $117,211.50 $116,175.00 ($1,036.50) (0.88%) Rec Admissions $703,389.81 $700,312.78 ($3,077.03) (0.44%) Rec Program Fees $256,377.11 $259,485.55 $3,108.44 1.21% TOTAL $10,077,339.11 $9,705,711.76 ($371,627.35) (3.69%) 2024 Revenue Comparison – Budget v Actual Budget Actual Dollar Variance Percentage Variance Sales Tax $6,891,957.94 $6,697,823.80 ($194,134.14) (2.82%) Acc. Tax $1,342,930.81 $1,216,137.65 ($126,793.16) (9.44%) STR Tax for CH $613,693.35 $553,891.91 ($59,801.44) (9.74%) Tobacco Tax $172,855.86 $161,885.07 ($10,970.79) (6.35%) Cigarette Tax $115,010.10 $116,175.00 $1,164.90 1.01% Rec Admissions $569,020.03 $700,312.78 $131,292.75 23.07% Rec Program Fees $207,436.77 $259,485.55 $52,048.78 25.09% TOTAL $9,912,904.86 $9,705,711.76 ($207,193.10) (2.09%) Page 9 of 11 Real Estate Transfer Tax: Revenues YTD 2024 BUDGET/PRIOR YEAR v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES 2024 Budget 2024 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $4,182,990.71 $4,086,111.97 ($96,878.74) (2.32%) 2023 Actual 2024 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $2,508,084.28 $4,086,111.97 $1,578,027.69 62.92% New and Renewed Business and STR Licenses – 2023 v 2024: The total number of 2024 business licenses issued through July was 640. This was down 40 licenses or 5.9% for the year to date. The total number of STR licenses issued through July was 108. Compared to July 2023 the STR licenses were down 17 licenses or 13.6%. 2024 v 2023 – Business and STR Licenses Period 1/1 – 7/31 2024 2023 License Variance Percentage Variance Business License - Vendor 456 491 (35) (7.1%) Business License – Fixed Location 116 119 (3) (2.5%) Business License – Home Occupation 41 40 1 2.5% Business License – Special Event 27 30 (3) (10.0%) TOTAL BUSINESS LICENSES 640 680 (40) (5.9%) STR License 108 125 (17) (13.6%) Page 10 of 11 - 100.00 200.00 300.00 400.00 500.00 600.00 Business License - Vendor Business License - Fixed Location Business License - Home Occupation Business License - Special Event Business Licenses Issued 1/1 -7/31 2022 2023 2024 0 20 40 60 80 100 120 140 160 STR License STR Licenses Issued 1/1 -7/31 2022 2023 2024 Page 11 of 11 EXPENDITURES: JUNE 2024 General Fund YTD Actuals v 2024 Budget: General Fund expenditures through July 2024 total $12,675,739 which is 48.17% of the total adopted budget. These expenditures include all wages, health benefits, events, computer services, operating cost, legal services, and utilities. Mobility Fund YTD Actuals v 2024 Budget: Mobility Fund expenditures through July 2024 total $1,405,990 which is 39.07% of the total adopted budget. These expenditures include the cost for wages, health benefits, consulting services, utilities, and bike share program. Fleet Maintenance YTD Actuals v 2024 Budget: Fleet Maintenance expenditures through July 2024 total $1,242,929 which is 57.0% of the total adopted budget. These expenditures include wages, health benefit, fuel, vehicle maintenance, utilities, equipment, and operating supplies. Capital Projects Fund YTD Actuals v 2024 Budget: The Capital Improvement expenditures through July 2024 total $2,674,046 which is 27.35% of the total adopted budget. These expenditures were made up of primarily West BC Blvd. street improvements project. Thank you, Dean 970.748.4088 predmond@avon.org TO: Finance Committee Members FROM: Paul Redmond, Chief Finance Officer RE: 2025 Budget Update on Revenue Projections DATE: September 11, 2024 SUMMARY: This report introduces the projected budget revenues for 2025 across several funds. The Finance Committee has been asked to provide input about the revenue projections presented by the CFO. Town Council will review the information on September 24, 2024 at the Council Meeting and either make modifications or approve revenue estimates. Town staff will then continue to build the other budget components to present the first draft of the 2025 Town Budget on October 22 at the Council’s retreat. The final budget is slated for final adoption in December. BUDGET APPROACH: The Town Manager strives to present a balanced budget, where the projected operating revenues for the next year match or exceed the projected operating expenses. The Town traditionally budgets conservatively with both revenues and expenses after reviewing historical trends, town council priorities, and an analysis of capital projects. The town’s actual revenue collections are usually higher than budgeted revenues. The conservative budgeting practices have helped the Town remain financially stable and has prevented it from overcommitting to operating expenses that are not sustainable. REVENUE PROJECTIONS: Revenue projections are modest and conservative. Not included in the Revenue Projections is the possibility of the Use Tax on Construction materials passing this November. Staff prefers to wait until the results of the election before including any increased revenues from the referred 4% Use Tax on Construction Materials. Sales tax projections take into account the likely increase in sales tax revenue as the newly Spring Hill Suites is completed and Phase II of Frontgate is finished and occupied. GENERAL FUND REVENUES: Total tax revenues in 2025 are projected to be relatively flat for 2025 comparted to the 2024 budget. Property Tax collections are projected to remain the same in 2025 compared to 2024. The increase from property taxes collections from 2023 to 2024 is 42% or $871,950. Real estate values have seen dramatic increases over the past several years. To help reduce some of these impacts for property owners, House Bill 24B-1001 was passed and lowers assessed valuation for lodging property owners, extending rates and value subtractions ($30,000) for the 2023 property tax year into property tax year 2024. The adopted legislation also lowers residential assessment rates beginning with the 2025 property tax year for both local governments and school districts based on the growth rate of actual values statewide from 2024 to 2025. And lastly, the bill reduces the assessment rates for most types of nonresidential property through the 2027 property tax year. Sales Tax is the Towns largest revenue stream. In 2021 the Town saw a 26% increase in sales tax revenues compared to 2020 and then another 14% increase in 2022 (up from 2021). The Town started to see a modest increase in 2023 as the growth was 2% over the prior year. This year’s collections started flat compared to 2023. However, we have not been realizing the same trends from the two previous years. The second quarter of 2024 saw a drop in sales tax revenues of approximately 6% from the same time last year. Sales tax revenues for 2024 is projected to be relatively flat compared to 2023. The Town does expect some growth in sales tax revenues as a result of the completion of new development; the Spring Hill Suites, One Riverfront and Frontgate are expected to bring more visitors to Town. Page 2 of 3 The chart below shows the sales tax collection by quarter and includes the 2024 forecast and 2025 projections for the Town’s 4% Sales Tax. Licenses and permits are budgeted to increase for 2025 as there continues to be a steady submittal of building permits year after year. Similarly, plan check fees are projected to increase with our historical averages. Recreation admission fees and program fees are projected to increase as we continue to see visitor growth in this department with the programs being offered. Intergovernmental revenues are projected to increase by $22,000 due to the addition of the Avon Best & Brightest internship program. The overall budget increase for the General Fund is 1% or $325,111 The General Fund Revenues can be seen on Attachment A. CIP FUND REVENUES: Real Estate Transfer Tax revenues are conservatively projected at $5,000,000 which are derived from the Town of Avon 2% Real Estate Transfer Tax. It is expected that the completion and sale of new real estate from the Frontgate projects will offset any decline in revenues from the downturn in real estate due to interest rate increases. The dedication of Real Estate Transfer Tax revenues to capital improvements is unique to Avon and has created a stable CIP Fund with adequate fund balances to continue with street resurfacing, facility replacements, and implementation of community projects identified in the Town’s Comprehensive Plan documents. COMMUNITY HOUSING FUND: Avon voters approved a 2% short-term rental tax in November, 2021 that began generating tax revenues in January, 2022. Estimated tax revenues are projected to decrease to $1,001,100 in the 2025 Budget. The 5.64% decrease is largely due to fewer short-term licenses being issued. These revenues are dedicated to community housing projects and staff is currently reviewing several future projects. If voters approve the Use Tax on Construction Materials, the Community Housing Fund will see an increase in revenues by approximately $2,000,000, however, this will affect the Sales Tax in the General Fund as the Sales Tax on Construction Materials will no longer be collected.  $‐  $500,000.00  $1,000,000.00  $1,500,000.00  $2,000,000.00  $2,500,000.00  $3,000,000.00  $3,500,000.00  $4,000,000.00  $4,500,000.00 Jan‐Mar Apr‐Jun Jul‐Sept Oct‐Dec SALES TAX  FOR THE LAST 5 YEARS 2019 2020 2021 2022 2023 2024 2025 Page 3 of 3 WATER FUND: The Water Fund collects revenues which are restricted to water related projects and expenses. Revenues are generated by a $4,000 per Single Family Equivalent (SFE) water tap fee and a $3.25/SFE/month fee on the water bill. Expenditures in the Water Fund include engineering and construction of projects, water attorney fees and irrigation ditch maintenance. The water surcharges coming into the Water Fund are very consistent every year. Council is asked to consider a proposal to increase these rates by 2% in 2025. This will have a minimal impact on the consumers as the price per SFE will increase by approximately six cents. We have reduced the Tap Fees revenues to $25,000 as the Town has not seen an permits for larger projects in 2025. FLEET MAINTENANCE FUND: The Fleet Maintenance Fund is an enterprise operation and is used to account for operations that are financed and operated in a manner similar to private business enterprises, where the costs of providing services to the Town's departments, other governmental third-party agencies, and up to 10% private clients, can be fully recovered through user charges. Monies may also be provided to the Fleet Maintenance Fund from general taxes collected by the Town of Avon, when appropriate, to ensure a positive net income on an annual basis. The Fleet labor billing will be increased 7% in 2025. OTHER FUNDS: The Town’s other funds are established to segregate revenues from specific sources for specific purposes, including the Avon Urban Renewable Fund, Community Enhancement Fund and Exterior Energy Offset Fund are all projected to remain flat in with no increase in 2025. After reducing the Disposable Paper Bag Fee in 2024 we are projecting this to increase in 2025 by $10,000 as one local vendor has started selling paper bags again. We have seen There are no substantial changes to these funds in 2023. Thank you, Paul ATTACHMENT A - General Fund Revenues Parent Budget 2025 % Account Number 2022 Total Activity 2023 Total Activity 2024 YTD Activity 2024 2024 2024 Projection 2025 2025  Increase / (Decrease)  Category: 51000 ‐ Taxes Revenue PROPERTY TAX ‐ CURRENT 2,107,960.86             2,086,973.67 2,958,923.62      2,961,699.00      2,958,923.62      2,961,699.00       ‐0% PROPERTY TAX ‐ DELINQUENT 8.08 181.99 ‐ 500.00 ‐ 500.00                  ‐0% CURRENT & DELINQUENT INTERE 2,391.03                               2,274.95 2,210.72               1,900.00               2,210.72               1,900.00               ‐0% PROPERTY TAX  ‐ ABATEMENTS (913.34)                 (1.01)(3,462.00)             ‐ (3,462.00)             ‐ ‐0% SPECIFIC OWNERSHIP TAXES 130,200.79                     137,110.68 94,688.19            130,000.00          189,376.38          130,000.00           ‐0% GENERAL SALES TAX 13,186,930.70         13,054,192.74 6,666,699.32      14,079,150.00    13,184,366.39    14,079,150.00    ‐0% UTILITY TAX 139,369.68                     154,918.47 67,254.84            120,000.00          115,294.01          120,000.00           ‐0% ACCOMMODATIONS TAX 2,494,535.14             2,323,443.40 1,239,096.05      2,558,503.00      2,152,523.37      2,558,503.00       ‐0% PENALTIES & INTEREST 59,338.20                          64,547.59 31,274.78            50,000.00            53,613.91            50,000.00             ‐0% SALES TAX AUDIT ASSESSMENTS 4,917.78                             13,299.69 36,286.79            50,000.00            45,000.00            50,000.00             ‐0% EAGLE COUNTY SALES TAX 712,986.76                     693,826.06 349,109.85          746,750.00          698,219.70          746,750.00           ‐0% EAGLE COUNTY ROAD & BRIDGE 155,134.94                     153,590.39 215,418.00          150,000.00          215,418.00          175,000.00          25,000.00         17% VAA RETAIL SALES FEE 991,380.51                 1,051,948.55 620,142.58          1,100,000.00      1,063,101.57      1,100,000.00       ‐0% CIGARETTE EXCISE TAX 247,799.31                     254,013.96 116,175.00          245,000.00          247,350.00          245,000.00           ‐0% SALES TAX ‐ TOBACCO PRODUCTS 348,916.91                     374,119.86 161,885.07          360,000.00          338,770.14          360,000.00           ‐0% FRANCHISE FEE 487,722.68                     504,749.07 270,409.13          440,000.00          463,558.51          460,000.00          20,000.00         5% Total Revenue: 21,068,680.03    20,869,190.06    12,826,111.94    22,993,502.00    22,198,965.29    23,038,502.00    45,000.00          ‐28% Total Category: 51000 ‐ Taxes:21,068,680.03    20,869,190.06    12,826,111.94    22,993,502.00    22,198,965.29    23,038,502.00    45,000.00          Category: 52000 ‐ Licenses and Permits Revenue LIQUOR LICENSES 6,130.00                               9,103.75 3,276.25               7,500.00               6,552.50               7,500.00               ‐0% BUSINESS LICENSES 177,400.00                     228,125.00 111,725.00          185,000.00          223,450.00          185,000.00           ‐0% CONTRACTOR'S LICENSES 21,270.00                          23,280.00 13,425.00            18,625.00            26,850.00            18,625.00             ‐0% TOBACCO/CIGARETTE LICENSES 1,250.00                               3,000.00 1,000.00               1,750.00               2,000.00               1,750.00               ‐0% BOOTING & TOWING LICENSES 300.00 450.00 300.00 600.00 600.00 600.00                  ‐0% BUILDING PERMITS 1,234,979.54                 276,074.80 307,987.58          190,000.00          350,000.00          225,000.00          35,000.00         18% ROAD CUT PERMITS 64,892.57                          60,937.00 22,503.00            9,000.00               30,000.00            20,000.00            11,000.00         122% MOBILE VENDOR CART PERMIT 175.00 700.00 525.00 700.00 1,050.00               700.00                  ‐0% Total Revenue:1,506,397.11      601,670.55          460,741.83          413,175.00          640,502.50          459,175.00          46,000.00         0% Total Category: 52000 ‐ Licenses and Permit 1,506,397.11      601,670.55          460,741.83          413,175.00          640,502.50          459,175.00          46,000.00          Category: 53000 ‐ Intergovernmental Revenue CLICK IT OR TICKET ‐ ‐   ‐ 3,000.00               ‐ ‐ (3,000.00)           ‐100% BULLET PROOF VEST GRANT 2,134.69                               2,143.44 ‐ 2,000.00               2,000.00               2,000.00               ‐0% LEAF GRANT 12,148.60            ‐   ‐ 12,500.00            12,500.00            12,500.00             ‐0% HIGH VISIBILITY GRANT 19,820.35                          27,777.38 19,651.17            20,000.00            19,651.17            20,000.00             ‐0% COLORADO POST GRANTS 34,396.66                            3,441.40 25,912.72            45,000.00            25,912.72            45,000.00             ‐0% AVONS BEST & BRIGHTEST 15,166.71            525.60 ‐ ‐ 22,000.00            25,000.00            25,000.00         0% OTHER STATE GRANTS 78,840.69                          24,317.89 67,898.55            ‐ 80,000.00            ‐ ‐0% CONSERVATION TRUST 78,579.43                          84,408.39 39,994.94            80,000.00            80,000.00            80,000.00             ‐0% MOTOR VEHICLE REGISTRATION 26,062.64                          23,745.55 14,336.14            26,000.00            28,000.00            26,000.00             ‐0% HIGHWAY USERS TAX 197,952.30                     192,134.66 109,916.19          191,805.00          191,000.00          191,805.00           ‐0% SEVERANCE TAX 2,406.70                               1,333.31 ‐ 2,400.00               2,400.00               2,400.00               ‐0% RETAIL DELIVERY FEE ‐                6,931.78 3,662.69               6,000.00               5,500.00               6,000.00               ‐0% LOCAL INTERGOVERNMENTAL PA ‐                 7,500.00 ‐ ‐ ‐ ‐ ‐0% OTHER GRANTS 1,306.87               810.00 ‐ ‐ ‐ ‐ ‐0% Total Revenue:468,815.64          375,069.40          281,372.40          388,705.00          468,963.89          410,705.00          22,000.00          ‐100% Total Category: 53000 ‐ Intergovernmental: 468,815.64          375,069.40          281,372.40          388,705.00          468,963.89          410,705.00          22,000.00          GENERAL FUND ATTACHEMENT A Parent Budget 2025 % Account Number 2022 Total Activity 2023 Total Activity 2024 YTD Activity 2024 2024 2024 Projection 2025 2025  Increase / (Decrease)  GENERAL FUND Category: 54000 ‐ Charges for Services Revenue PHOTOCOPYING CHARGES ‐ ‐   ‐ 100.00 ‐ ‐ (100.00)              ‐100% LICENSE HEARING FEES ‐ ‐   ‐ 100.00 ‐ ‐ (100.00)              ‐100% OTHER FEES & CHARGES 1,035.43               528.94 703.72 3,500.00               950.00 2,500.00               (1,000.00)          ‐29% CC & PAPER FILING FEE 3,498.99                               3,412.97 1,564.03               2,500.00               2,000.00               2,500.00                ‐0% PLAN CHECK FEES 796,624.57                     168,369.68 194,668.00          120,000.00          194,668.00          150,000.00          30,000.00         25% DEVELOPMENT REVIEW FEES 20,355.00                            6,029.00 13,713.48            15,000.00            15,000.00            15,000.00             ‐0% ANIMAL CONTROL FEES ‐ ‐   ‐ 150.00 ‐ ‐ (150.00)              ‐100% IMPACT FEE ADMIN CHARGE 10,428.24                            4,407.84 4,399.98               1,500.00               4,400.00               2,500.00               1,000.00           67% POLICE REPORTS 798.35 811.66 462.00 1,000.00               900.00 1,000.00                ‐0% OFF‐DUTY POLICE EMPLOYMNT 16,911.00                          15,848.50 26,746.00            25,000.00            28,000.00            27,500.00            2,500.00           10% FINGERPRINTING FEES 930.00 830.00 460.00 500.00 520.00 750.00                  250.00               50% V.I.N. INSPECTION FEES 1,695.00                               2,195.42 1,440.21               2,000.00               2,000.00               2,000.00                ‐0% FALSE ALARM FEES 25.00 30.00 20.00 75.00 50.00 75.00 ‐0% MISC POLICE DEPT. FEES (DUI, ET 9,619.66                             12,319.45 9,787.04               15,000.00            15,000.00            15,000.00             ‐0% AVON REC CTR ADMISSIONS 1,159,000.47             1,312,760.88 851,457.00          1,140,000.00      1,277,185.50      1,200,000.00      60,000.00         5% AVON REC CTR PROGRAM FEES 23,638.40                          28,746.50 22,005.75            30,000.00            25,000.00            30,000.00             ‐0% AVON REC CTR FACILITY RENTALS 18,904.22                          25,321.69 13,691.37            18,000.00            18,000.00            20,000.00            2,000.00           11% SALES OF MERCHANDISE 6,012.00                               9,471.50 5,236.00               10,000.00            8,500.00               9,000.00               (1,000.00)          ‐10% OTHER SERVICES 8,802.00                             10,786.00 6,476.00               8,800.00               8,500.00               8,800.00                ‐0% FITNESS PROGRAM REVENUES 46,093.50                          53,696.00 26,977.50            45,000.00            42,000.00            40,000.00            (5,000.00)          ‐11% SWIM TEAM REVENUE 47,876.70                          55,186.52 29,210.16            48,000.00            50,000.00            48,000.00             ‐0% PRIVATE LESSON REVENUE 14,943.00                          19,364.50 18,426.00            30,000.00            22,000.00            25,000.00            (5,000.00)          ‐17% AVON REC CTR GIFT CARDS ‐ 350.00 ‐ 1,000.00               350.00 1,000.00                ‐0% ADULT PROGRAM FEES 10,950.00                          28,765.00 18,837.00            14,000.00            25,000.00            25,000.00            11,000.00         79% CABIN EQUIPMENT RENTALS 35,976.12                          38,325.14 9,508.36               35,000.00            28,525.08            35,000.00             ‐0% RENTALS‐ATHLETIC FIELDS 500.00 220.00 360.00 240.00 360.00 240.00                  ‐0% CABIN CONCESSIONS ‐ 86.00 68.00 500.00 100.00 500.00                  ‐0% YOUTH PROGRAM REVENUES 129,331.17                     162,977.27 139,136.43          150,000.00          175,000.00          180,000.00          30,000.00         20% CONCESSION SALES 65,092.00                          98,045.00 88,652.00            96,130.00            96,000.00            94,131.00            (1,999.00)          ‐2% SPONSORSHIPS ‐                1,350.00 8,000.00               10,000.00            8,000.00               10,000.00             ‐0% SPECIAL EVENT FEES 13,780.00                          15,573.40 26,005.00            15,850.00            28,000.00            36,600.00            20,750.00         131% SPECIAL EVENT ADMISSION FEES 2,637.00                               1,851.00 ‐ 1,800.00               ‐ 500.00                  (1,300.00)          ‐72% PAVILION RENTAL FEES 4,020.00                               5,116.00 3,492.00               5,000.00               4,000.00               5,000.00                ‐0% Total Revenue: 2,449,477.82      2,082,775.86      1,521,503.03      1,845,745.00      2,080,008.58      1,987,596.00      141,851.00       8% Total Category: 54000 ‐ Charges for Services 2,449,477.82      2,082,775.86      1,521,503.03      1,845,745.00      2,080,008.58      1,987,596.00      141,851.00        Category: 55000 ‐ Fines and Forfeitures Revenue COURT FINES ‐ TRAFFIC 21,531.00                          18,945.00 18,704.00            23,000.00            22,000.00            23,000.00             ‐0% COURT FINES ‐ CRIMINAL 1,980.00                             18,760.00 23,550.00            6,500.00               23,550.00            15,000.00            8,500.00           131% COURT FINES ‐ PARKING 2,520.00                               2,390.00 2,145.00               3,000.00               3,000.00               3,000.00                ‐0% COURT COSTS 550.00                2,000.00 2,945.00               3,000.00               3,500.00               3,000.00                ‐0% JURY FEES ‐ ‐   ‐ 100.00 ‐ 100.00                  ‐0% BOND FORFEITURES ‐ ‐   ‐ 100.00 ‐ 100.00                  ‐0% POLICE TRAINING SURCHARGE 1,610.00                               2,610.00 2,595.00               3,000.00               2,595.00               3,000.00                ‐0% Total Revenue: 28,191.00            44,705.00            49,939.00            38,700.00            54,645.00            47,200.00            8,500.00           0% Total Category: 55000 ‐ Fines and Forfeiture 28,191.00            44,705.00            49,939.00            38,700.00            54,645.00            47,200.00            8,500.00            ATTACHEMENT A Parent Budget 2025 % Account Number 2022 Total Activity 2023 Total Activity 2024 YTD Activity 2024 2024 2024 Projection 2025 2025  Increase / (Decrease)  GENERAL FUND Category: 57000 ‐ Investment Earnings Revenue INTEREST EARNINGS 444,753.83                 1,689,099.08 937,980.63          1,500,000.00      1,550,000.00      1,500,000.00       ‐0% UNREALIZED GAIN (LOSS) ON INV (14,898.11)                         71,450.79 4,101.81               ‐ ‐ ‐ ‐0% Total Revenue:429,855.72          1,760,549.87      942,082.44          1,500,000.00      1,550,000.00      1,500,000.00       ‐0% Total Category: 57000 ‐ Investment Earnings 429,855.72          1,760,549.87      942,082.44          1,500,000.00      1,550,000.00      1,500,000.00       ‐ Category: 58000 ‐ Other Revenues Revenue RECREATIONAL AMENITY FEES 335,324.98                     349,154.62 177,069.12          330,000.00          354,138.24          345,000.00          15,000.00         5% LEASE OF TOWN OWNED PROPER 4,617.00                               4,350.00 ‐ 3,500.00               ‐ 3,500.00                ‐0% RETURNED CHECK FEE 70.00 ‐   ‐ ‐ ‐ ‐ ‐0% RESTITUTION & INSURANCE REIM 54,311.62                          73,445.03 (1,955.35)             ‐ (2,000.00)             ‐ ‐0% MISCELLANEOUS REFUNDS 21,910.33            590.29 6,230.00               ‐ 6,230.00               ‐ ‐0% CONTRIBUTIONS & DONATIONS 6,000.00                             10,583.18 ‐ ‐ ‐ ‐ ‐0% DEVELOPMENT REIMBURSEMENT ‐ (563.50)‐ ‐ ‐ ‐ ‐0% PARKING REVENUE ‐ 0.50 6,388.00               ‐ 6,388.00               7,500.00               7,500.00           0% MISCELLANEOUS REIMBURSEME 37,832.97                          47,926.71 ‐ ‐ ‐ ‐ ‐0% MISC NONCLASSIFIED REVENUE 23,168.30                          28,721.01 23,749.30            125,000.00          250,000.00          125,000.00           ‐0% Total Revenue: 483,235.20          514,207.84          211,481.07          458,500.00          614,756.24          481,000.00          22,500.00         5% Total Category: 58000 ‐ Other Revenues: 483,235.20          514,207.84          211,481.07          458,500.00          614,756.24          481,000.00          22,500.00          Category: 59000 ‐ Other Sources Revenue OPERATING TRANSFERS IN 494,593.00                     600,473.00 ‐ 618,487.00          618,487.00          657,747.00          39,260.00         0% OPERATING LEASE PROCEEDS 134,662.00                      122,352.00 ‐ ‐ ‐ ‐ ‐0% Total Revenue:629,255.00          722,825.00           ‐ 618,487.00          618,487.00          657,747.00          39,260.00         0% Total Category: 59000 ‐ Other Sources: 629,255.00          722,825.00           ‐ 618,487.00          618,487.00          657,747.00          39,260.00          Report Total: 27,063,907.52    26,970,993.58    16,293,231.71    28,256,814.00    28,226,328.50    28,581,925.00    325,111.00       1% ATTACHEMENT A