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TC Packet 02-27-2024_____________________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK MIGUEL JAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI@AVON.ORG WITH ANY SPECIAL REQUESTS. AVON TOWN COUNCIL MEETING AGENDA TUESDAY, February 27, 2024 MEETING BEGINS AT 5:00 PM Virtual-Only meeting through Zoom AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may be given one (1) additional minute subject to Council approval. 5. BUSINESS ITEMS 5.1. Energy Smart Colorado 2023 Program Update (Energy Programs Director Nikki Maline) 5.2. CASE Committee Appointments (CASE Manager Danita Dempsey) 5.3. Performance Pavilion Name & Sign (CASE Manager Danita Dempsey) 5.4. Resolution 24-04 Approving 2024 Special Events for Administrative Approval (CASE Manager Danita Dempsey) 5.5. Resolution 24-05 Extending Health and Recreation Committee (Recreation Director Michael Labagh) 5.6. PUBLIC HEARING: First Reading of Ordinance 24-03 Adopting Updates to the Exterior Energy Offset Requirements and Re-Establishing Minimum Energy Efficiency Standards (Building Official Derek Place) 5.7. Review of 2024 Department Goals (Town Manager Eric Heil) 5.8. Letter of support for 2024 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) discretionary grant program (Town Manager Eric Heil) 5.9. Resolution 24-07, Supporting the Federal Bolts Ditch Act (Town Manager Eric Heil and Jason Cowles, Director of Engineering and Water Resources at Eagle River Water and Sanitation District) 5.10. Resolution 24-06, Approving Conveyance of Utility Easement to UERWA for the Wildridge Booster Pump Station#1 Improvements Project (Project Engineer Jim Horsley) 5.11. Approval of Zehren and Associates Design Contract for Old Town Hall Site (Project Engineer Jim Horsley) 5.12. Resolution 24-08 Approving the establishment of a DDA Fund (Chief Financial Officer Paul Redmond) 6. MINUTES 6.1. Approval of February 13, 2024 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 7. WRITTEN REPORTS 7.1. 2023 E-Bike Share Summary and Final Report (Mobility Manager Jim Shoun) 7.2. Short-term Rental Updates (Planner II Max Morgan) _____________________________________________________________________________________ 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. Monthly Financials (Senior Accountant Dean Stockdale) 7.4. Bi-Monthly Sustainability Update (Sustainability Coordinator Charlotte Lin) 7.5. Upper Eagle Regional Water Authority January 25, 2024 Meeting Summary (Mayor Pro Tem Tamra Underwood) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 8:30 9. ADJOURN 8:45 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. 970-748-4083 clin@avon.org TO: Honorable Mayor Phillips and Council members FROM: Charlotte Lin, Sustainability Coordinator RE: Energy Smart Colorado Avon Rebates 2023 Updates DATE: February 21, 2024 SUMMARY: Council approved $40,000 in funding to the Energy Smart Colorado program at Walking Mountains Science Center in both 2022 and 2023. This funding directly supports Avon specific energy efficiency and electrification work such as energy coaching, comprehensive home energy assessments, and rebates to both businesses and homes. Nikki Maline, Energy Programs Director at Walking Mountains, will attend the February 27 Council meeting to present information about Energy Smart Colorado and the work done in Avon in 2023. She will provide a summary of the 2023 program and potential improvements for 2024. This presentation is for informational purposes only and no action is required by Council. Thank you, Charlotte ATTACHMENT A: Energy Smart Colorado Presentation ATTACHMENT B: 2023 Final Report 970-328-8777 energy@walkingmountains.org www.walkingmountains.org/energy Providing: Energy Assessments Energy Coaching, Education, Resources Weatherization, Energy Efficiency, Electrification & Safety Rebates Helping: Homeowners Businesses Multi-Family buildings Local Working Households (max 150% AMI) Nikki Maline Program Director Diego Betts Commercial/MF Coordinator Cody Kumar Residential Coordinator Energy Programs ATTACHMENT A www.walkingmountains.org/energy Energy ProgramsHow we can help STEP 1:INFORMATION Get an Energy Visit to determine areas of improvement and gather data STEP 2:WORKFORCE Use our local preferred Contractor List to complete upgrades while receiving free energy coaching from a local Energy Smart Colorado professional STEP 3:INCENTIVES Obtain Energy Smart Colorado and local town rebates from Walking Mountains; learn about local utility rebates & potential tax incentives available from your energy coach Take these steps for a more Comfortable & Energy Efficient home or building! www.walkingmountains.org/energy Energy Programs -How we can helpEnergy Smart Colorado www.walkingmountains.org/energy Energy Programs -How we can helpEnergy Smart Colorado •Balanced Ventilation (ERV/HRV) •Building Envelope: Air Sealing, Insulation, Residential Crawlspace Conversion •Cold Climate Air, Water, or Ground Source Heat Pump (heating and cooling) •Duct Sealing •Economizers (Air-side) •Electric Fireplace •Electric Ready Upgrade & Smart Panels •Electronically Commutated Motor (ECM) or Variable Speed Motor •Energy Management System / Data Trackers / Smart Controls •Heat Pump Clothes Dryer •Heat Pump (Hybrid) Water Heater •Heat Tape Timer •Induction Cooktop/Range •Insulated Cellular Shades (honeycomb) •LED Lighting & Lighting Controls –Commercial/MF Only •Pool & Spa Pumps •Retro-commissioning, Re-commissioning, Commercial ASHRAE Level II or III Audit •Smart (Wi-Fi Enabled) or Programmable Thermostats •Variable Frequency Drive (VFD) •Variable Refrigerant Flow (VRF) –Commercial/MF Only www.walkingmountains.org/energy Energy Programs -How we can helpEnergy Smart Colorado Location Specific Incentives Info Coming Soon! Sneak Peak: •$50 Home Energy Assessments •Rebates in various locations may include: Solar PV, Public EV Chargers, Electric Vehicles, Weatherization Bonus, Heat Pump Bonus, Business Rebates, and more! •These rebate are stackable www.walkingmountains.org/energy Annual Monthly 1 Person $124,350 $10,363 2 Persons $142,050 $11,838 3 Persons $159,750 $13,313 4 Persons $177,450 $14,788 5 Persons $191,700 $15,975 6 Persons $205,950 $17,163 7 Persons $220,050 $18,338 8 Persons $234,300 $19,525 ReEnergize Eagle County Local Working Households Max Household Income Amounts Below # people living full time in the home (including kids) 150% AMI (Area Median Income) ALL INCOME EARNERS•Local working households (and retirees) •Easy qualification/approval •Free energy assessment & energy coaching •Free energy efficiency, weatherization, and electrification improvements •Limited annual funds www.walkingmountains.org/energy Energy Programs –Town of Avon 2023 Incentive/Hard Cost Details 2023 Budget Q1 Q2 Q3 Q4 Total 2023 Funds 2023 YTD MtCO2e reduced/offset * Annual Utility Cost Savings # empolyees # businesses/MF Home Energy Assessments Goal: 30 - $50 assessment $1,500 6 15 7 4 32 $2,385 2.61 $684 4 Solar PV Rebates Goal: 20 - $1,000 Solar PV rebate $20,000 2 1 4 2 10 $9,000 58.25 $13,961 1 Weatherization Rebates Goal: 8 - $500 bonus rebate for Air Sealing & Insulation improvement $4,000 2 1 3 $1,500 2.88 $719 Heat Pump Rebates Goal: 9 - $500 bonus rebate for Heat Pump installation $4,500 3 1 2 3 8 $4,500 64.57 $4,525 1 Marketing & Outreach Hard costs for marketing/outreach in order to increase participation $2,000 $2,000 Program Administration Hard costs for program management & energy coaching $8,000 $8,000 $40,000 $27,385 128.31 $19,889 $12,615 full year accounted for in marketing & admin incentive funds + annual admin/marketing funds remaining funds for 2023 www.walkingmountains.org/energy 147.63 MtCO2e Reduced Annually Energy Programs –Town of Avon 2023 www.walkingmountains.org/energy Energy Programs –Town of Avon 2024 www.walkingmountains.org/energy Energy Programs –2024 970-328-8777 energy@walkingmountains.org www.walkingmountains.org/energy Providing: Energy Assessments Energy Coaching, Education, Resources Weatherization, Energy Efficiency, Electrification & Safety Rebates Helping: Homeowners Businesses Multi-Family buildings Local Working Households (max 150% AMI) Nikki Maline Program Director Diego Betts Commercial/MF Coordinator Cody Kumar Residential Coordinator Energy Programs APPENDIX –ADDITIONAL REFERENCE INFORMATION Energy Programs www.walkingmountains.org/energy Energy ProgramsHow we can help •Home Energy Assessments & Business/Multifamily Building Energy Walkthroughs •Energy Coaching about Energy Use & Upgrades in Homes & Buildings •Rebates for Weatherization, Energy Efficiency & Building Electrification •Local Qualified Contractor List Available •ReEnergize Eagle County -Income Qualified Working Households Program •Free Radon Test Kits & Radon Awareness in Homes •Educational Materials, Workshops, and Trainings •Partner with Local Communities & Participate in our Local Climate Action Collaborative Program Funds Provided By: Eagle County, Town of Vail, Town of Avon, Town of Eagle, Town of Avon, Town of Minturn, Holy Cross Energy, Xcel Energy, CO Dept. of Public Health & Environment MAKING ENERGY IMPROVEMENTS SIMPLE & AFFORDABLE Easy access to: Information, Workforce, and Incentives www.walkingmountains.org/energy Energy Programs -How we can helpHome Energy Assessment •Comprehensive, all areas, thermal envelope, insulation inspection, mechanical systems •2-4+ hours in the home •FREE QUICK FIXES instantly save money/energy (max $100 value) •Blower Door Test –diagnostic testing of home air leakage •Infrared Camera Photos •Safety Checks –Combustion Appliance Zones (CO/gas) •Energy Saving Analysis and Comprehensive Report with Recommendations STEP 1: INFORMATION www.walkingmountains.org/energy Energy Programs -How we can helpBuilding Walkthrough STEP 1: INFORMATION •FREE visit to Businesses & Multifamily Buildings •High level overview of energy usage •Review of occupant comfort and concerns •Review of mechanical systems & opportunities for electrification •1-3 hours in the building •Infrared Camera Photos •Lighting Audit •Report with recommendations & rebate opportunities 2023 Town of Avon Community Energy Efficiency Program final report - page 1 2/12/24 Town of Avon 2023 Final Report Community Energy Efficiency Program 1/1/2023 through 12/31/2023 CONTACT INFORMATION Walking Mountains Science Center Contact: Nikki Maline, Energy Programs Director P.O. Box 9469, Avon, CO 81620 Office Phone: 970-328-8777 Email: nikkim@walkingmountains.org Website: www.walkingmountains.org/energy SUMMARY OF 2023 PROGRAM, PARTNERSHIP, PURPOSE, and DELIVERABLES Through the Energy Smart Colorado program, Walking Mountains provides energy coaching, comprehensive home energy assessments (at a highly discounted and affordable rate), and rebates to both businesses and homes, including increased specific income-qualified incentives. The purpose of this partnership was to create a system of incentives that are specific and targeted for the Town of Avon community in order to increase participation in the local Energy Smart Colorado program. Homes and buildings that invest in improvements rebated through Walking Mountains for Energy Efficiency, Renewable Energy, and Building Electrification significantly help our community local climate goals. By partnering with Walking Mountains and the Energy Smart Colorado program, we have been able to implement a program in the Town of Avon that is accessible, available, and affordable to all homes & businesses within the Town. The local Climate Action Collaborative has a goal of a 50% reduction of greenhouse gas emissions by 2030 (from a 2014 baseline). The Town of Avon has implemented an action-based and town-specific CLIMATE ACTION PLAN schedule based on these goals. Avon is also a key partner involved in the local Climate Action Collaborative and their working groups. In 2016 the Town of Avon approved the adoption of the Exterior Energy Offset Program (EEOP), which bring funds in for those implementing outdoor energy use without on-site offsets. The intended use of these funds is for energy improvements within the town and they can be used to partner with the Energy Smart Colorado program. During 2023, Walking Mountains partnered with the Town of Avon and other local entities and completed the following work: Project management and reporting of the Energy Smart Colorado program in all local areas in the Eagle River Valley, including an annual energy savings report to The Town of Avon with number of homes and businesses worked with, energy reductions, and other data. Administration of the Energy Smart Colorado program locally, providing base rebates available to everyone plus special rebates available to Town of Avon residents specifically of: $50 home energy assessments, free energy coaching, solar PV rebates, and bonus weatherization and electrification rebates. ATTACHMENT B 2023 Town of Avon Community Energy Efficiency Program final report - page 2 2/12/24 Incentive/Hard Cost Details 2023 Budget Q1 Q2 Q3 Q4 Total 2023 Funds 2023 YTD MtCO2e reduced/offset* Annual Utility Cost Savings Home Energy Assessments Goal: 30 - $50 assessment $1,500 6157 4 32 $2,385 2.61 $684 Solar PV Rebates Goal: 20 - $1,000 Solar PV rebate $20,000 2142 10 $9,000 58.25 $13,961 Weatherization Rebates Goal: 8 - $500 bonus rebate for Air Sealing & Insulation improvement $4,000 213$1,500 2.88 $719 Heat Pump Rebates Goal: 9 - $500 bonus rebate for Heat Pump installation $4,500 3123 8 $4,500 64.57 $4,525 Marketing & Outreach Hard costs for marketing/outreach in order to increase participation $2,000 $2,000 Program Administration Hard costs for program management & energy coaching $8,000 $8,000 $40,000 $27,385 128.31 $19,889 $12,615 full year accounted for in marketing & admin incentive funds + annual admin/marketing funds remaining funds for 2023 Collaboration with Town of Avon staff to educate locals about available local energy resources for their homes and businesses, and develop best practices for outreach and marketing this program within Avon. SUMMARY OF 2023 BUDGET, GOALS, and SAVINGS A total of $40,000 in 2023 was budgeted, to be provided from the Town of Avon to the Energy Smart Colorado program at Walking Mountains. Billing was based on actual incentives provided. The following is a breakdown of how this money was actually spent, and how much. Notes about 2023 budget & goals: Unfortunately, there was $12,615 leftover in budgeted funds that we could have put out into the Avon community in more rebates or $50 assessments to Avon residents. We are evaluating ways to improve our outreach and marketing so folks know about incentives, as well as improve the incentive options that are specific to Avon for 2024, in order to get these funds back out into the community to get work done. We are very on par with what we thought would be completed for home energy assessments. The demand and requests for assessments stays high. We only provided half of the Solar PV rebates we thought we would (this is a large reason for the leftover funds). We did not do another Solarize program, and it shows how much doing that limited-time program in 2022 really got homes to install Solar PV. We may consider a program similar to this again in 2025. Weatherization was not implemented in homes and businesses throughout the town as much as we would like to see. We will continue to educate the public on the importance of weatherization prior to any heating upgrades in order to maximize efficiency. We are also having many conversations about how to get more local weatherization contractors for retrofits as there is definitely a contractor shortage in this area. 2023 Town of Avon Community Energy Efficiency Program final report - page 3 2/12/24 In 2023 the estimated annual MtCO2e reduced from all projects completed in the Town of Avon through the Energy Smart Colorado Program = 130.53 MtCO2e, with an estimated $20,453 saved annually on utility bills. These are for all projects rebated, even rebates that were not from Town of Avon funding. Below are some other ways to view these reductions. 130.53 MtCO2e is equivalent to greenhouse gas emissions from: 130.53 MtCO2e is equivalent to CO2 emissions from: 130.53 MtCO2e is equivalent to greenhouse gas emissions avoided by: 130.53 MtCO2e is equivalent to carbon sequestered by: 970-748-4065 ddempsey@avon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Danita Dempsey, CASE Manager RE: Interviews and Appointments to CASE Committee DATE: February 2, 2024 SUMMARY: Two (2) vacancies open on the Culture, Arts & Special Events Committee on or before February 1, 2024. Outgoing members are Pedro Campos and Doug Jimenez. The CASE Committee, advisory in nature, reviews, researches, and provides guidance the on culture, arts, and special events programming in the Town of Avon. Their role is more defined in Resolution 19-12 adopted on May 28, 2019, and in the CASE Committee Brand Ambassador provided and attached as Attachment A. The CASE Committees primary focus has historically been the growth and development of our special events portfolio. This included evaluating an events brand that was compatible with Avon, ensuring we had a robust and diverse event calendar, and creating memorable experiences for the Avon community. In 2024 through the next few years, the Town’s desire to further develop Avon’s arts and cultural offerings shifts CASE’s primary focus. To adapt to this shift, Staff added questions to the CASE Committee Application in hopes of learning more about an applicant’s experience in arts and cultural offerings. The questions added are provided below: 1. Considering the three categories of CASE oversight (cultural, arts, and special events), which category interests you the most and why? 2. Do you have experience in developing arts and/or culture strategic plans and/or programming? 3. What are you passionate about? A press release announcing the Town was seeking community members to serve on the CASE Committee was sent out on December 7, 2023, through the Town website / database and social channels. The coinciding application process ended on January 15th, 2024. Staff received three (3) applications for two (2) open seats on the CASE Committee including outgoing member Pedro Campos who wishes to continue for another two-year term. There are two first time applicants, Greg Cooper, and Kerri Thelen. Applicant Materials is provided and attached as Attachment B. QUALIFICATIONS: Resolution 19-12 requires CASE Committee members are Eagle County residents to be eligible for appointment as Voting Members; and at least four Voting Members are registered electors of the Town or owners or representatives of an existing business with a physical location and address in the Town of Avon at the time of their appointment to CASE. Resolution 19-12 guides and prioritizes preferences to persons having experience with (1) special events, (2) event site planning and design, (3) culture and arts or (4) local business. Appointments shall be made by the Council in February, or as soon thereafter as possible, after posting notice to solicit interested people. Typically, the Council shall appoint four (4) people in odd numbered years and three (3) people in even numbered years to fill CASE seats. However, due to former CASE Committee members Ruth Stanley being elected to Avon Town Council, and Kim Hannold’s employment by the Town of Avon, the 2023 application and appointment process included four members being appointed for two-year terms and one member appointed for a three-year term. CASE COMMITTEE COMPOSITION: Provided in Table 1 below, is a summary of the continuing members and applicants along with their term dates. Page 2 of 3 Table 1 CASE Committee Voting Members Appointment & Term Member Term Start Date Term End Date Profession Lisa Mattis2 1-Feb-23 1-Feb-25 President, CanDo MS Justin Chesney 1-Feb-23 1-Feb-25 Assoc. Director of Meetings & Special Events, Ritz Carlton Bachelor Gulch Danielle McNair 1-Feb-23 1-Feb-25 Director of Sales & Marketing, Westin Riverfront Resort & Spa Calyn Reiger 1-Feb-23 1-Feb-25 Assistant Community Manager, Mountain Valley Property Management Thomas Walsh1 1-Feb-23 1-Feb-26 Professional Athlete, U.S. Olympic and Paralympic Committee, and U.S. aralympics Alpine Skiing National A Team Member Open 1-Mar-24 1-Feb-26 Open 1-Mar-24 1-Feb-26 Ex-Officio Non-Voting Stanley, Ruth1 10-Jan-23 1-Feb-25 Hardy, Lindsay 10-Jan-23 1-Feb-25 1 Denotes 3-year term 2 Denotes service on the sunset Ad Hoc Special Events Committee Applicants Name Profession Greg Cooper Retired Pedro Campos Zehren & Associates, Principal, Landscape Architect & Land Planner Kerri Thelen Vail Valley Soccer Club Executive Director RECOMMENDATION: I recommend the Council consider following the selection process outlined directly below to interview and appoint two individuals for two-year terms on the CASE Committee. SELECTION PROCESS: The applicants will join the virtual meeting and be advanced to a panelist one-by-one, and in the order applications were received, provided below: 1. Greg Cooper 2. Pedro Campos 3. Kerri Thelen Page 3 of 3 After a brief introduction by each applicant and a summary of their interest to serve, the Council will have time to ask each applicant questions prior to appointments. There will then be time for Council questions. Up to three minutes per applicant is scheduled. After each applicant has had a chance to address the Council, there will be time for Council discussion. Staff will then request that each Council member text their selected candidates to the Town Clerk for tallying. The results of each Council member will be read in the record, as well as the final selected candidates. PROPOSED MOTION: “I move to appoint [Greg Cooper, Pedro Campos, or Kerri Thelen] and [Greg Cooper, Pedro Campos, or Kerri Thelen] to a two-year term on the CASE Committee.” Thank you, Danita. ATTACHMENTS: Attachment A – Final Resolution 19-12 and CASE Committee Brand Ambassador Role Attachment B – Applicant Materials Avon COLORADO RESOLUTION 19-12 APPROVING A CULTURAL, ARTS AND SPECIAL EVENTS COMMITTEE WHEREAS, the Town of Avon, Colorado (the "Town") is a home rule municipality and political subdivision of the State of Colorado (the "State") organized and existing under a home rule charter (the "Charter") pursuant to Article XX of the Constitution of the State; and WHEREAS, the Town Council finds that the Ad Hoc Special Events Committee has provided valuable and important review, research and advisory functions with regard to special event planning and programming for the Avon community and desires to create a permanent standing advisory committee to continue with these efforts; and WHEREAS, Section 11.2 of the Charter states that Council may create any boards or commissions including an advisory committee; and WHEREAS, the Avon Town Council finds that special events promote the local community and character of Avon as well as promote the local economy and that the establishment of a permanent Cultural, Arts and Special Events Committee will promote the health, safety and general welfare of the Avon community; and NOW THEREFORE, the Avon Town Council, hereby RESOLVES to create the Cultural, Arts and Special Events Committee as set forth in Exhibit A: Cultural, Arts and Special Events Committee Authority and Procedures, attached hereto. ADOPTED May 28, 2019 by the AVON TOWN COUNCIL 1)WBy: Attest: Sarah Smith Hymes, Iti or Brenda Torres, Town Cl EXHIBIT A: CULTURAL, ARTS AND SPECIAL EVENTS COMMITTEE AUTHORITY AND PROCEDURES 1. Establishment, Purpose and Duties. There is hereby established the Cultural, Arts and Special Events Committee ("CASE") of the Town. The purposes and duties of CASE are as follows: a) To provide advice concerning the Cultural Plan for the Town of Avon, as may be amended from time to time; b) To review, research and provide guidance and advice on culture, arts and special event programming in the Town of Avon; c) To review applications for Town funding allocated for special events and provide recommendations to the Avon Town Council, and to develop applications forms and procedures and review criteria related to such funding applications; d) To conduct surveys and prepare reports related to special events as appropriate and as directed by Council; e) To attend joint meetings with the Avon Town Council to review past, present and future special events, review and evaluate implementation of the Cultural Plan, review annual appropriations to support culture, arts and special events, and to review policies, procedures and practices for culture, arts and special events and CASE; and, f) To perform such other tasks related to culture, arts and special events in or near Avon as the Avon Town Council may direct. 2. Membership. CASE shall be composed of seven (7) Voting Members and two (2) Ex -Officio Non - Voting Council members appointed by Council. 3. Qualification of Voting Members. Eagle County residents shall be eligible for appointment as Voting Members, provided that at least four (4) Voting Members shall be registered electors of the Town or owners or representatives of an existing business with a physical location and address in the Town of Avon at the time of their appointment to CASE. Persons having experience with special events, event site planning and design, culture, arts or local business which is of particular value to CASE should be preferred over persons who do not. Appointments shall be made by Council in February, or as soon as thereafter as possible, after posting notice to solicit interested persons. Council shall appoint four (4) persons in odd numbered years and three (3) persons in even numbered years to fill Case seats. 4. Qualification of Ex -Officio Non -Voting Members. Council members shall be eligible for appointment to the two (2) Ex -Officio Non -Voting seats. Appointments shall be made by Council in January of odd numbered years after the election and seating of Council members, or as soon thereafter as possible, and shall be made at the same time as appointments of Council members to other committees. The term of office for Ex -Officio Non -Voting Members shall be two (2) years until the bi-annual appointment of Council members to committees. Ex -Officio Non -Voting Members shall Cultural, Arts and Special Events Committee Adopted February 26, 2019 Page 1 of 3 have the equal right to participate at CASE meetings and equal right to receive all CASE materials and notices of CASE meetings, but shall not have any right to vote on recommendations, advisory matters, or other actions of CASE. 5. Quorum. Four (4) Voting Members of CASE shall constitute a quorum for the transaction of business, but in the absence of a quorum, a lesser number may adjourn any meeting to a later time or date. In the absence of all Voting Members, any staff member may adjourn any meeting to a later time or date. 6. Term. The term of office for a Voting Member shall be two (2) years on an overlapping tenure. A Voting Member of CASE who ceases to possess the qualifications for office that the Voting Member possessed at the time of appointment may be permitted by the Council to serve until the end of the appointed term, provided that the CASE member continues to reside in Eagle County. A member of CASE may be removed by Council pursuant to Section 8 Removal from Office, below. 7. Vacancies. A vacancy on CASE shall occur whenever a member of CASE is removed by the Council, dies, becomes incapacitated and unable to perform the required duties for a period of ninety 90) days, resigns, ceases to meet the qualifications of CASE and is not permitted by Council to serve until the end of the existing term or is convicted of a felony. In the event a vacancy occurs, the Council shall appoint a successor to fill the vacancy who shall serve the remainder of the term of the former member after posting notice of such vacancy to solicit interest from qualified persons. 8. Removal from Office. Any member of CASE may be removed for just cause at the pleasure of the Town Council by a majority vote of the entire Council in office at the time the vote is taken. Just cause shall include misconduct, conduct unbecoming of a Town official, violation of the Town Code of Ethics, inefficiency or more than two (2) unexcused absences within a twelve-month period. Prior to removal, Council shall conduct a hearing and shall provide written notice to the CASE member stating the grounds for removal at least three (3) days prior to the hearing. 9. Officers. CASE shall select its own Chairperson and Vice -Chairperson. The Chair or, in the absence of the Chair, the Vice -Chair, shall be the presiding officer of its meetings. In the absence of both the Chair and the Vice -Chair from a meeting, the Voting Members present shall appoint a Voting Member to serve as Acting Chair at the meeting. 10. Compensation. All members of CASE shall serve with compensation and benefits, if any, as may be established by the Council and shall be reimbursed for all authorized personal expenses incurred while performing duties as a CASE member. 11. Staff. The Town Manager shall designate Town staff to serve as the staff of CASE and shall provide for the service of a recording secretary who shall act in the capacity of secretary for CASE. 12. Rules and Regulations. CASE shall operate in accordance with its own rules of procedure; provided, however, that CASE shall submit its proposed rules or any amendment to the rules to the Council, which by motion shall approve the rules or amendment and direct their adoption by CASE or disapprove the proposal with directions for revision and resubmission. The rules shall incorporate and comply with the Colorado Open Meetings Law, Colorado Open Records Act, and the Colorado Municipal Records Retention Schedule as such are adopted and implemented by the Town of Avon. The rules shall be filed with the Town Clerk and maintained in the records of the Town and shall be Cultural, Arts and Special Events Committee Adopted February 26, 2019 Page 2 of 3 subject to public inspection. CASE may provide for certain variances, exceptions and exemptions from the requirements of its rules and regulations. 13. Meetings. CASE shall meet in accordance with the rules of procedure governing CASE and otherwise upon the call of the Chairperson or, in the absence of the Chair, by the Vice -Chairperson. All meetings shall be held at the offices of the Town, unless otherwise specified, with adequate notice given to all interested parties. 14. Appropriation Authority. CASE shall not have authority to appropriate or spend Town of Avon funds. CASE may provide recommendations to the Events Manager, Town Manager and/or Avon Town Council with regard to any annual budget for special events, expenditures related to the annual applications in response to the special events request for proposal, Town staff support for special events and capital improvements related to events. 15. Council Amendments. Council reserves the right to amend, increase, reduce or change any or all of the powers, duties and procedures of CASE. Cultural, Arts and Special Events Committee Adopted February 26, 2019 Page 3 of 3 Cultural, Arts and Special Events Committee Rules of Order These Rules of Order establish rules and procedures for Cultural, Arts and Special Events CASE") Committee meetings. The intent is to set forth rules which are readily accessible and usable by the CASE Committee members and understandable by the general public. I. STANDARDS OF CONDUCT FOR CASE COMMITTEE MEETINGS: The CASE Committee finds that the foundation of municipal democracy rests on open, respectful and informed discussion and debate balanced with the necessary efficiency required to take action in the public interest. Reasonable persons will often disagree on many public matters which arise before appointed officials. The process of discussion and debate is essential to the ability of appointed officials to render the best decisions possible for the Avon community. The following standards of conduct are considered the minimum standards for members of the CASE Committee. A. CASE Committee members shall conduct themselves in a mature manner that is becoming of public officials, shall respect one another and shall respect members of the public. B. CASE Committee members shall refrain from profanity, rude behavior or personal attacks and shall promptly apologize to both the board and the recipient of any such behavior in the event of a temporary lapse of appropriate behavior. C. The CASE Committee Chair shall be responsible for maintaining civility, decorum and order throughout the meeting. D. Members of the CASE Committee shall not communicate between or amongst themselves by text message, e-mails or other forms of electronic communication during a CASE Committee meeting. E. Members of the CASE Committee shall promptly disclose and announce the sending or receipt by a CASE Committee member of a text message, e-mail or other form of electronic communication during a CASE Committee meeting, to or from any person, for any such communication that concerns a matter on the CASE Committee agenda for that meeting. II. CHAIR: Every meeting of the CASE Committee shall be presided over by the Chair. If the Chair is absent the Vice Chair shall preside over the meeting. If the Chair has a conflict of interest on a matter, then the Vice Chair shall preside over the meeting for such matter. If the Chair and Vice Chair are absent, or if they both have a conflict of interest on a matter, then a quorum of CASE Committee members shall appoint an Acting Chair, by motion and vote, who shall then preside over the meeting or shall preside over such matter for which the Chair and Vice Chair have a conflict of interest. The Chair shall strive to moderate CASE Committee meetings with impartiality, shall strive to allow input from all other CASE Committee members on matters before expressing his or her opinion, and shall refrain from making a motion or seconding a motion until it is apparent that no other member of the CASE Committee member will do so. III. AGENDAS: The following rules and procedures shall apply to agendas: A. The Chair shall determine the agenda in consultation with the CASE Manager. The CASE Committee may direct items to be included on an agenda. Individual CASE Committee members may contact the Chair to request inclusion of a matter on an agenda. The Chair shall consult with the CASE Manager and exercise discretion to determine if the matter should be included on the agenda as a discussion item or an action item. Page 1 of 4 B. After roll call, the CASE Committee shall approve the agenda, by motion, by a majority of the quorum present with any additions or deletions the CASE Committee deems appropriate. C. The CASE Committee may take action by motion at any time during a meeting to schedule discussion or action items on a future agenda which shall be scheduled by the CASE Manager. IV. MOTIONS: All official CASE Committee actions are initiated by motion. These following rules and procedures apply to motions. There are two basic motions: action motions and procedural motions. Only one action motion may be on the floor at a time. A procedural motion may be proposed, discussed and acted upon when an action motion is on the floor or at any other time. A. Basic Motion: The basic motion to take action is stated as, "I move to ...." Every motion requires a second. Once a motion is made no further discussion can continue until a second is made to support the motion. B. Discussion: All CASE Committee members have the right to discuss the motion on the floor. Discussion cannot be concluded unless (1) all CASE Committee members present consent or (2) a majority of CASE Committee members present approve a procedural motion to "Call the Question" and end debate. C. Withdraw a Motion: The maker of a motion may choose to withdraw the motion at any time prior to the vote on the motion and may interrupt a speaker to withdraw the motion and consent of the CASE Committee member who seconded the motion is not required. The motion is immediately withdrawn; however, the Chair may then ask the CASE Committee member who seconded the withdrawn motion and any other CASE Committee member if such CASE Committee member wishes to make the motion. D. Amendment to Motion: Any CASE Committee member may request an amendment to a pending motion. The maker of the pending motion and CASE Committee member who seconded the motion must consent to the proposed amendment. Any CASE Committee member may also propose a substitute motion to a pending motion which also requires consent of the maker of the pending motion and the CASE Committee member who seconded the pending motion. E. Procedural Motion: A procedural motion may be made at any time and may impose or modify any procedural rule provided that such procedure is not in conflict with the Avon Home Rule Charter, any ordinance adopted by the Town, or any applicable state law. Procedural motions require a majority vote of the quorum present. F. Motion to Call the Question or End the Discussion: A motion to "call the question" (also known as a motion to end the discussion) is a procedural motion to end debate and discussion. A motion to call the question cannot be made until each CASE Committee member has had at least one reasonable opportunity to ask questions and express his or her opinion on the matter. Once a motion to call the question is made and seconded, it shall be the Chair's discretion to allow any further discussion on such procedural motion for the purpose of clarifying any technical, procedural or legal issue related to the procedural motion. A motion to call the question requires a majority vote of the quorum present. Once a motion to call the question is approved, the pending action motion on the floor must be voted upon promptly or, if no action motion is pending, the Chair shall proceed to the next agenda item. G. Motion to Continue: A motion to continue an agenda item must include a specific future CASE Committee meeting date, time and place for the continued matter to be considered again without re -noticing a required public hearing. Page 2 of 4 H. Motion to Table: A motion to table places the agenda item on hold and does not require a specific time for the return of the agenda item. I. Motion to Suspend Rules: A motion to suspend rules may allow suspension of any rule in these Rules of Order. Such motion may be made and requires a supermajority vote of a majority of the quorum present plus one for approval. A motion to suspend rules may not supersede the procedural requirements of the Avon Home Rule Charter, any ordinance adopted by the Town, or any applicable state law. J. A Motion to Reconsider: A Motion to Reconsider allows the CASE Committee to reconsider a vote on a matter. A Motion to Reconsider may only be made and considered by a member of the CASE Committee who voted in the majority on the motion which is proposed for reconsideration. V. MEETING CONDUCT A. Point of Privilege: A CASE Committee member may interrupt the speaker to raise a matter related to the comfort of the meeting, such as room temperature, distractions, or ability to hear speaker. B. Point of Order: A CASE Committee member may raise a Point of Order at any time that the Chair permits meeting conduct which does not follow these Rules of Order or otherwise fails to maintain civility and decorum by the CASE Committee and the general public. C. Appeal: A CASE Committee member may move to appeal the ruling of the Chair on any procedural matter or other decision related to the conduct of the meeting. If the motion is seconded and, after debate, if such motion passes by a simple majority vote of the quorum present, then the ruling or conduct of the Chair shall be overruled and reversed. D. Call for Orders of the Day: A CASE Committee member may call for Orders of the Day when such CASE Committee member believes that CASE Committee discussion has strayed from the agenda. No second or vote is required. If the Chair does not return to the agenda, then such ruling may be appealed. E. Adjournment: The Chair may announce the meeting adjourned when there are no further items on the agenda which have not been addressed. The CASE Committee may adjourn a meeting at any time by motion, second and approval by a majority of the quorum present. VI. PUBLIC COMMENTS: CASE Committee agendas shall include a general item labeled Public Comment" near the beginning of all CASE Committee meetings. Members of the public who wish to provide comments to the CASE Committee 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 CASE Committee in advance of the CASE Committee meeting. The Chair shall permit public comments during any agenda item and may limit public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. VII. REMOTE TELEPHONEIVIDEO MEETING ATTENDANCE: A member of the CASE Committee may participate in a CASE Committee meeting by Remote Attendance only in accordance with this section. Remote Attendance shall be made available and shall be limited as follows: A. A CASE Committee member may participate by Remote Attendance only when such member's absence would otherwise constitute an excused absence. An excused absence shall include but not be limited to the inability to physically attend due to unavoidable travel Page 3 of 4 schedule conflicts which are communicated to the CASE Manager in advance of a meeting and unanticipated emergencies or accidents which render physical attendance not possible. B. CASE Committee must approve by a majority vote of the CASE Committee members physically present to allow a CASE Committee member to participate by Remote Attendance. C. The communication equipment and connections must be sufficient to allow clear, uninterrupted two-way communication between the Remote Attendee and all participants physically present at a CASE Committee meeting. D. Multiple CASE Committee members may participate by Remote Attendance if the communication equipment is sufficient to allow clear, uninterrupted two-way communication. E. The CASE Committee may discontinue Remote Attendance at a meeting when a majority of the CASE Committee members physically present find that communication equipment or connection is inadequate and results in noise, poor sound quality, delay or lost connections. F. Remote Attendance shall constitute physical attendance for purposes of establishing a quorum. Meeting minutes shall acknowledge any Remote Attendance. Motions, votes and other actions of a remote attendee shall be the same as if CASE Committee member physically attended the meeting. G. Non -CASE Committee members may participate by Remote Attendance when the majority of the CASE Committee members determine that Remote Attendance is necessary for the consideration of business presented to the Town, such Remote Attendance would not violate the policies set forth above, the public interest would be harmed, threatened or diminished by continuation of the business item, and good cause exists for the inability of the non -CASE Committee member Remote Attendee to physically attend. H. The Town shall provide reasonable accommodation and shall waive or modify this policy to provide handicapped CASE Committee members full and equal access to CASE Committee meetings. Page 4 of 4 CASE COMMITTEE BRAND AMBASSADOR Brand Ambassador for Avon’s Culture, Arts & Special Events Page 1 Updated: April 2020 POSITION TITLE: BRAND AMBASSADOR DIVISION: CULTURE, ARTS & SPECIAL EVENTS DEPARTMENT: GENERAL GOVERNMENT POSITION TYPE: VOLUNTEER MONTH AND YEAR: APRIL 2020 GENERAL STATEMENT Avon is requesting the CASE Committee act as ambassadors representing our brand at Town produced and third-party produced culture, art, special events and activations. Ambassadors ideally will have flexibility in their availability to attend multiple events during their two-year term. You play an important role at Avon’s events and belong to a team that makes a positive difference in our community, the success of our events and our ability to meet our strategic goals. Your ability to build and sustain loyal, long-term relationships within our business, residential and visitor community is paramount. You are the "Bridge between our municipal staff and our community." KEY CHARACTERISTICS OF A SUCCESSFUL EVENT AMBASSADOR: o Friendly, approachable and outgoing o Knowledgeable about our community - 'Be Invited In' o Knowledgeable about Avon’s event and it’s event policies & resources o Highly personable and engaging o Ability to build relationships o Dynamic leadership skills o Passionate for Avon o Influential RESPONSIBILITIES AND DUTIES: Key responsibility is to further the success of our events by engaging with community members through personal and genuine interactions. o Attend multiple events and activations during two-year term as requested by the committee and/or events team. o Approach and welcome attendees during the event/activation. o Bring the CASE Committee vision, culture, and values to life in every interaction by sharing expertise and enthusiasm for Avon’s events. o Develop relationships with our community members and visitors and encourage them to return to experience other events. o Maximize event attendance by driving awareness of events through your resources and/or channels o Stay up to date on Town initiatives, programming and services. o Share feedback, experiences and ideas with the CASE Manager via email and with the CASE Committee during scheduled public meetings. o Follow all policies, processes, and relevant government regulations o Perform other related duties as assigned and required by the committee and/or events team References 1) Town Manager 2) (perhaps) Town Mayor 3) (perhaps) Town Mayor Pro Tempore 4) Others available upon request Gregg Cooper 126 Riverfront Lane, 216 Mailing: 448 W. 19th Street, 308 Avon, CO 81620 Houston, TX 77008 Mobile: +1 (832) 216-4710 coopergm@net1.net Summary Shareholder representation, company management, economic growth, international M&A, divestitures, and EBITDA improvement. More than fifty countries. Languages: Native English, basic Russian, basic Spanish. Achievements Finance Shareholder Representative for Saudi Aramco to Johns Hopkins International Joint Venture (JHAH) Finance Shareholder Representative for Saudi Aramco to Saudi Aramco Aviation Company Saudi Aramco Investment Committee – Finance steward-presenter of investment presentations Saudi Aramco Aviation Company Interim CFO (pre-establishment) Saudi Aramco CFO Program Member Interim CEO / CFO for Mexico aviation company; 14% EBITDA improvement and sale of company Interim CEO CFO for Mississippi lease acquirer raising capital and establishing NewCo Interim CFO for a PE firm acquiring a $160mm revenue subsidiary and stablishing NewCo Recent Economic Initiatives • Medical • Aviation • Solar • Hydrogen by-product market • Housing • Education • Traffic Professional Affiliations 73R, LLC Board of Directors, 2002 to present , President 2018 to present Seasons at Avon, Board of Directors, 2021 to present Eagle County Republican Central Committee Board of Directors, 2023 to present Denver Academy Board of Trustees, 2011 to 2017, (Finance Committee Chair 2012 to 2013) Education Thunderbird, School of Global Management, with honors The American University, Washington, D.C. Gregg Cooper Mobile: (832) 216-4710 E-mail: coopergm@net1.net Page 2 of 3 Experience Saudi Aramco 2014 – April 2023 Mergers & Acquisitions Advisory Stewarding Investment Committee with approximately four transactions per week and additional three capital investment decisions. Group Treasury Affiliate Treasury cash optimization and Financial Advisor alignment (Financial Institutions) Shareholder Representative – Saudi Aramco | Johns Hopkins International JV (JHAH) Leading strategy and operations during rapid market evolution. Stewarded JV and JV C-Suite on behalf of Shareholder to design and achieve growth. • Strategic planning for company in 2024 and beyond • 2020 Strategy with 15% cost reductions, reduction in access time by 45%, and maintaining safety • Shareholder representative for Partner negotiations • Redesigned Board of Managers to include independent directors and accommodate Partner ownership changes Finance Shareholder Representative – Saudi Aramco Aviation Company Leading carve-out effort for stand-alone entity. Served briefly as interim CFO. CBIZ, Financial Advisory Services 2012 – 2014 Head of National Practice Specializing in family businesses with material public holdings. • Led a national practice for seventh largest firm • Interim CEO-CFO for a Mississippi lease acquirer raising capital and establishing NewCo • Interim CFO for a PE firm acquiring a $160mm revenue subsidiary. Established NewCo. • Facilitated $75mm debt offering Sirius Solutions 2006 – 2012 Director / Practice Lead - Transaction Advisory Service • Interim CEO and CFO for Mexico aviation company leading 14% EBITDA improvement and sale • Transaction advisory practice lead • Twenty-six due diligence and valuation projects in five years • Implemented Lean Six Sigma program yielding $10mm annual EBITDA improvement • Managed quarterly financial reporting process and final Form 10-K/Q reviews for $1B to $80mm revenue public filers; US GAAP, Canadian GAAP and IFRS • Designed $400M revenue CFO organization (carve-out) • Advised oilfield aviation company on US reporting standards in Aberdeen, Lagos, London, and Perth Lyondell Chemical Company 2004 – 2006 Manager • European based – December 2004 to December 2005 • Led European divestiture team evaluating plants and sites to be sold, closed, or those requiring additional capital requirements. Sites included France, The Netherlands, and Brussels. ($4B in total assets) Gregg Cooper Mobile: (832) 216-4710 E-mail: coopergm@net1.net Page 3 of 3 Jefferson Wells International 2003 – 2004 Manager • IPO valuation for retail service provider for offering memorandum and public filings • Treasury risk program for a $1B portfolio and refined a risk calculation for a $61B portfolio Enron Corporation 2000 – 2001 Manager • $1.5B hedge book for US / Canada wholesale power, natural gas, coal, weather, and interest rates Exxon Mobil / Exxon Company International 1998 – 2000 MBA Rotational Program • Exxon Sub-Committee member for the ExxonMobil merger, designing US gas marketing strategy • Reviewed operations (>$1B) for Yemen, Angola, Kazakhstan, Russia, California, Guyana, Brazil, Sao Tome, Chad / Cameroon and Nigeria Professional Affiliations 73R, LLC Board of Directors, 2002 to present, President 2018 to present GCO Capital, Inc. Board of Directors, 2013 to present Seasons at Avon, Board of Directors, 2021 to present Eagle County Republican Central Committee Board of Directors, 2023 to present MF5, Inc., Board of Directors, 2001 to 2019 Denver Academy Board of Trustees, 2011 to 2017, (Finance Committee Chair 2012 to 2013) Post Oak Community Association Board of Trustees, 2014 Dhahran Tennis Association, Board of Directors 2021 to 2023, Treasurer and League Chair Arabian Kennel Club, Board of Directors, 2015 to 2018, Secretary Education Thunderbird, School of Global Management Masters in International Management Robert D. Foglesong Scholarship Recipient The American University, Washington, D.C. Bachelor of Business Administration, Communications, Law, Economics, and Gover nment, Minor in Soviet Studies Client List Advisory Client List Anadarko Atlas Fluid Controls Bristow Group Cardtronics CITGO Duke Energy Field Services Energy Partners Limited Flotek Global Infrastructure Partners Grant PrideCo Heliservicio Campeche SV Houston Exploration Company Icahn Enterprises Independence Contract Drilling Leap Wireless Marathon Oil Maritime International Merrill Lynch Commodities Microsoft Next Decade, LLC Osyka Oil PSC, LLC PSC Metals Quanex Red Oak RigNet Rockwater Ryan Family Trust Spinnaker Exploration Sterling Construction Washington Mutual WestPoint Home Xtreme Coil Drilling CASE COMMITTEE APPLICATION – JANUARY 2024 DANITA DEMPSEY APPLICATION FOR THE TOWN OF AVON CULTURAL, ARTS AND SPECIAL EVENTS (CASE) COMMITTEE DEADLINE FOR APPLICATION: JANUARY 15, 2024 Introduction: The CASE Committee was approved by the Avon Town Council on May 28, 2019, by Resolution 19-12 to act as an advisory group providing advice concerning (1) the development and implementation of the Cultural, Arts and Special Events Strategic Plan; and (2) the programming of cultural, arts and special events for the Avon community. The nine-person Committee is comprised of seven voting members and two non-voting members. Each term is 2 years in length and currently, there are no term limits. The Committee meets in person with a virtual option for 90 minutes on the third Thursday of each month between 12:30 p.m. and 2:00 p.m. The date and time are subject to change. Name: ____________________________________________________________________________________ Occupation, Place of Employment & Title: __________________________________________________________________________________________ Mailing Address: ___________________________________________________________________________ Physical Address: __________________________________________________________________________ Phone: ___________________________________________________________________________________ Email: ____________________________________________________________________________________ Eligibility: 1. Resident of Eagle County. 2. Registered electors of the Town of Avon or owners or representatives of an existing business with a physical location and address in the Town of Avon at the time of their appointment. 3. Commit to a two-year term of volunteer service. Considering the three categories of CASE oversight (cultural, arts, and special events), which category interest you the most and why: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ CASE COMMITTEE APPLICATION – JANUARY 2024 DANITA DEMPSEY Explain your process when developing strategy for your company or team? __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ What unique contribution (talents, skills, knowledge) could you make to the Committee? __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Do you have any prior volunteer board or committee experience? If so, please explain. __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Do you have experience in developing arts and/or culture strategic plans and/or programming? __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ What are you passionate about? __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ CASE COMMITTEE APPLICATION – JANUARY 2024 DANITA DEMPSEY Is there anything else we should know about you? __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Attachments: Attachment A - CASE Committee Brand Ambassador - Responsibilities Attachment B - Resolution 19-12 Approving a Cultural, Arts and Special Events Committee Attachment C - Rules of Order Kerri Thelen, M.S., LCMT PO Box 3308 Vail, CO 81658 (401) 749-2335 Kthelen5@yahoo.com Education ▪Master of Science in Human Services, Capella University Specialty Focus: Mental Health Counseling ▪Bachelor of Science in Psychology, Grand Canyon University Minor: Sociology ▪Certified Massage Therapist Objective: Dedicated and results-oriented professional with a proven track record in executive leadership, event planning, and community engagement, seeking a position on the local Events Planning Commission to contribute expertise in organizing successful events that enhance community spirit and promote local initiatives. Professional Experience: Vail Valley Soccer Club - Executive Director October 2014-Present •Manage daily operations and execute Vail Valley Soccer Club's mission, overseeing two successful soccer tournaments, College ID Camp, league play, and summer and winter training programs. •Ensure effective coordination and communication among staff, coaches, and volunteers. •Develop strategic partnerships with local businesses and organizations to enhance the club's presence in the community. •Implement marketing strategies to promote events and increase participation. •Foster a positive and inclusive environment for players, families, and stakeholders. Vail Resorts - Massage Therapist November 2011-Present •Provide professional massage therapy services to clients at Vail Resorts. •Demonstrate excellent customer service and communication skills. •Maintain a high level of expertise in various massage techniques and wellness practices. Ein Prosit - Owner and Operator August 2017-January 2023 •Successfully owned and operated a local bar, overseeing all aspects of business operations. •Managed staff, including hiring, training, and scheduling. •Developed and executed marketing strategies to attract customers and increase revenue. •Ensured compliance with licensing, health, and safety regulations. •Fostered a welcoming and vibrant atmosphere for patrons. Bright Future Foundation - Youth Advocacy Coordinator •Coordinated the Buddy Mentor Program, matching positive role models with underserved youth. •Organized in-school and after-school programming for youth in Eagle County schools. •Provided individual and group therapeutic counseling services to victims and families impacted by violence. •Facilitated the "Overcoming Obstacles" parenting seminar, a court-mandated program for parents seeking a divorce with minor children. Professional References Steve Lepper 720-470-3649 Brian Nolan 970-904-8666 Dan Trush 970-471-9817 Personal References Lisa Reeder 970-390-4481 Jodi Link 970-331-2215 Karen Conklin 970-0532 CASE COMMITTEE APPLICATION – JANUARY 2024 DANITA DEMPSEY APPLICATION FOR THE TOWN OF AVON CULTURAL, ARTS AND SPECIAL EVENTS (CASE) COMMITTEE DEADLINE FOR APPLICATION: JANUARY 15, 2024 Introduction: The CASE Committee was approved by the Avon Town Council on May 28, 2019, by Resolution 19-12 to act as an advisory group providing advice concerning (1) the development and implementation of the Cultural, Arts and Special Events Strategic Plan; and (2) the programming of cultural, arts and special events for the Avon community. The nine-person Committee is comprised of seven voting members and two non-voting members. Each term is 2 years in length and currently, there are no term limits. The Committee meets in person with a virtual option for 90 minutes on the third Thursday of each month between 12:30 p.m. and 2:00 p.m. The date and time are subject to change. Name: ____________________________________________________________________________________ Occupation, Place of Employment & Title: __________________________________________________________________________________________ Mailing Address: ___________________________________________________________________________ Physical Address: __________________________________________________________________________ Phone: ___________________________________________________________________________________ Email: ____________________________________________________________________________________ Eligibility: 1. Resident of Eagle County. 2. Registered electors of the Town of Avon or owners or representatives of an existing business with a physical location and address in the Town of Avon at the time of their appointment. 3. Commit to a two-year term of volunteer service. Considering the three categories of CASE oversight (cultural, arts, and special events), which category interest you the most and why: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Pedro Campos Landscape Architect / Land Planner, Principal, Zehren and Associates, Inc Post Office Box 1976, Avon, Colorado 91620 48 East Beaver Creek Boulevard, Suite 303 970 949 0257 x132 pedroc@zehren.com All of them are of high interest to me, and a major reason for my application for a renewed appointment on CASE. It has taken us several years to make progress across all three categories, and I'd like to give continuity to the process as it grows and evolve. Our special events programs are now well-established and running efficiently. The arts program while in its infancy is gaining momentum and becoming established with additional growth the next few years. The cultural programs perhaps need greater emphasis next. CASE COMMITTEE APPLICATION – JANUARY 2024 DANITA DEMPSEY Explain your process when developing strategy for your company or team? __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ What unique contribution (talents, skills, knowledge) could you make to the Committee? __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Do you have any prior volunteer board or committee experience? If so, please explain. __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Do you have experience in developing arts and/or culture strategic plans and/or programming? __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ What are you passionate about? __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ My approach to work, team is based around four core principals: 1. Vision: Confirm our client’s aspirations, needs, and long term goals. 2. Context: Understand the site, the environment, and the cultural setting: 3. Innovation: Find creative solutions that integrate new technologies,methods, materials and strategies. 4. Collaboration: Foster a team effort with consultants,community, stakeholders, and ownership I hope to bring knowledge and skills of land use planning, landscape architecture, spatial planning, critical thinking, public speaking, effective communication and dialogue. Due to my long term residence in the region and work with and in Town I bring significant perspective on past initiatives on events, arts, and local culture, and community affairs. I have a strong understanding of the Town's Comprehensive Plan and Development Codes and guiding policy documents and how these work and interact with the work of CASE. Yes. I have served on CASE for several years (4?). I have been an appointed Eagle County Planning Commissioner serving from 2009 to 2012. I currently serve on the Board of Governors of the Vail Valley Partnership; on the Board of Directors for the Betty Ford Alpine Gardens. I'm a member the Eagle County Regional Trails Committee. I served as Founding Member and Lead Planner for the EagleVail Community Garden, and was a member of the Design and Aesthetics Committee when the community went through a iifi b di Ih l dl h d d b l i I have limited experience in directly developing arts and cultures strategic plans and programming This said I have extensive experience developing strategic land use master plans, that involve parks, open spaces, trails, and urban community spaces. I have had unique planning experiences related to venues and special events in creating multi-use public spaces. This includes work for the Town of Dillon, Telluride, Vail,Eagle, New Castle, Glenwood Spring, and of course AVON! I am truly passionate about living in the Rocky Mountains - our alpine mountain environment and its beauty, our town and our region, and in advancing the quality of life of the local community and its guests and visitors by way of design and programming. Culture, Arts, Music, and Social Events are such an important part of what makes our community special and gives it meaning and purpose. I would like to continue be part of helping shape Avon's programs, in a holistic manner, following the vision we have laid out, and help to ensure id d i dfll h h CASE COMMITTEE APPLICATION – JANUARY 2024 DANITA DEMPSEY Is there anything else we should know about you? __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Attachments: Attachment A - CASE Committee Brand Ambassador - Responsibilities Attachment B - Resolution 19-12 Approving a Cultural, Arts and Special Events Committee Attachment C - Rules of Order I have a big year coming up with our eldest daughter graduating high school (and hopefully going off to college), a 25 year marriage anniversary in late summer, and some ill relatives abroad who I have been visiting from time to time with greater frequency. I may be away from home for some of the meetings later into the year, in which case I'd give advance notice seeking an excused absence. Nevertheless I remain truly excited to continue to serve purposefully on CASE. 970-748-4065 ddempseyavon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Danita Dempsey, Culture, Art & Special Events Manager RE: Avon Performance Pavilion Name & Sign DATE: February 1, 2024 SUMMARY: This report outlines four (4) different and new name options and corresponding sign designs for the Avon Performance Pavilion facility. Staff is seeking direction from Council on (1) the name of the facility, and (2) selection of the corresponding sign design rendering, provided and attached as Attachment A. BACKGROUND: The Avon Performance Pavilion was constructed in 2014 and hosted its first event in January 2015 (The Audi Winter Driving Experience) in alignment with the FIS 2015 World Championships followed closely by the 3-day music festival, WinterWonderGrass in February 2015. Since that time, the venue has been referred to as the (1) Avon Performance Pavilion at Harry A. Nottingham Park (2) Avon Performance Pavilion at Nottingham Park, and (3) Avon Performance Pavilion in press releases, on our website, events marketing, and other general communications. Moreover, when the SunsetLIVE! event brand was created there was a concerted effort to unofficially name or refer to the event location as “The Terrace” as opposed to “behind the stage and next to the lake”. Staff does not anticipate this needs to change unless Council directs otherwise. DISCUSSION: General Government Department Staff collaborated on several different names for the facility which Staff believes will (1) be meaningful and memorable for residents, new and repeat visitors (2) be timeless, simple, and straight forward and (3) aligns with and easy to use in marketing, promotions, and communications material. To that end, Staff generated four names for the facility and are requesting Council direction on which of these four names Council prefers. The four (4) names are listed below: 1. Avon 2. Avon Pavilion 3. The Stage 4. Sunset Stage Additionally, whichever one of the four (4) names provided above Council prefers, it will correspond to the design rendering provided in Attachment A. If Council selects a name from the four (4) ideas provided above, all future references to the facility in communication, marketing, and promotional materials will be comparable. There is a 20” tall x 120” long space on the south side, stage right and above the planter box, designed for a sign identifying the facility by name and signage, see Image 1 below. Page 2 of 3 Image 1 The size of the letters for each of the names provided above range between 9” and 13”, with a recommended thickness of 1.5” stainless-steel letters, stud mounted with stand-off or spacers. The stainless-steel letters would be painted in a brand approved grayscale as provided below, or a more rustic (antique) application. Furthermore, the size of the space for the sign restricts the ability to include the upside down “V” in the Avon logo. When this element of the Avon logo is included the letter height is reduced to 7.8” which is illustrated in ATTACHMENT B. Staff also considered recommending the official name and sign be “Avon Performance Pavilion” however, felt it was too long and the letters would each be so small they would not be visible in photography unless up-close. In addition, depending on materials and fabrication lead times, Staff is hopeful this project will be complete in late spring or early summer. Page 3 of 3 FINANCIAL CONSIDERATIONS: The cost of the sign is directly linked to the number of letters in the name. However, Staff estimates the cost of design, fabrication, and installation ranges between $3,200 and $4,500. OPTIONS: The four options presented for Council consideration for the official name and corresponding signage for the facility are (1) Avon with 13” letter height (2) Avon Pavilion with 9” letter height (3) The Stage with 11.5” letter height and (4) Sunset Stage with 10.5 letter height. An alternative option is for Staff to continue researching and brainstorming other names and designs which may be more pleasing to Council. TOWN MANAGER RECOMMENATION: I recommend “Avon Pavilion” because it is short and to the point. Webster-Merriam defines Pavilion in part as “a usually open, sometimes ornamental structure in a garden, park, or place of recreation that is used for entertainment or shelter”. This name will fit the naming space well and will correspond to our branding. PROPOSED MOTION: “I move to approve the official name of the Avon Performance Pavilion as the [Avon, Avon Pavilion, The Stage, or Sunset Stage]”. Thank you, Danita ATTACHMENT A – Four Design Options ATTACHMENT B – Design AVON Logo Town of Avon upon approval below TBD TOA_stage.sign_S23 1.5” thick stainless steel letters (custom paint - 1-3 colors)stud mounted - with stand-off spacers into stone wall 20” 20” 120” 120” 13” letter height prole view 1.5” thick letters ush stud mount AVON PAVILLION 20” 120” THE STAGE 11.5” letter height 20” 120” SUNSET STAGE 10.5” letter height 9” letter height ATTACHMENT A 7.8” letter height 20” 20” 120” 120” 13” letter height prole view 1.5” thick letters ush stud mount Town of Avon upon approval below 5 letters TOA_stage.sign_S23 1.5” thick stainless steel letters (custom paint - 3 colors)flush stud mounted into stone wall ATTACHMENT B 970-748-4065 ddempsey@avon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Danita Dempsey, CASE Manager RE: Resolution No. 24-04 Approving 2024 Special Events DATE: February 6, 2024 SUMMARY: Council is being asked to review Resolution No. 24-04 Approving 2024 Special Events to allow a streamlined administrative review and approval process for those special events which may seek to (1) apply for a Special Event Liquor License to sell alcoholic beverages and/or (2) apply for an Outdoor Use of Amplified Sound Permit. BACKGROUND: The Town’s liquor licensing regulations allow for administrative review and approval of routine liquor license applications, including Special Event Permits for events already approved by the Town Council. The Town’s Outdoors Use of Sound Amplification Systems regulations allow for administrative approval at the following locations and times listed below. Staff received one sound complaint regarding special events in 2023, which was during the Staff Picnic, and outside the scope of Resolution 24-04, thus presenting no sound complaints. 5.24.020 Administrative Approval a. The Town Manager may approve an Amplified Sound Permit for outdoor use of amplified sound use at following locations and times: i. In Nottingham Park, including the Avon Performance Pavilion, on Sunday through Wednesday between the hours of 9:00 a.m. and 8:00 p.m. and on Thursday through Saturday between the hours of 9:00 a.m. and 10:00 p.m. ii. In any non-commercial zone (including any planned unit development area allowing non-commercial use, but not including Town properties, park, and the Main Street Mall) between the hours of 9:00 a.m. and 8:00 p.m. iii. In any commercial zone (including any planned unit development area allowing commercial, but not including Town properties, park, and the Main Street Mall) between the hours of 8:00 a.m. and 10:00 p.m. Outdoor Use of Amplified Sound Systems applications that are not subject to administrative approval or that are referred by the Town Manager to the Town Council shall be subject to review and approval by the Town Council after conducting a public hearing. Resolution No. 24-04 has been prepared for Council consideration and includes a list of 2024 special events, including event name, event dates, times, and locations, that have a liquor sales component and/or amplified sound component and will seek a Special Event Permit and/or Outdoor Use of Amplified Sound Permit. If Resolution No 24-04 is approved, it would allow the Town Clerk to administratively review and approve these Special Event Permit applications; and exempt the events listed from submitting an Outdoor Use of Amplified Sound Permit application per Section 5.24.010 of the AMC. ANALYSIS: By reducing the number of Special Event Permit Applications that the Avon Liquor Licensing Authority reviews over the course of the spring and summer; and reducing the number of Outdoor Use of Amplified Sound Permit applications the Avon Town Council reviews; approval of Resolution No. 24-04 streamlines the review and approval process thus increasing proficiency and use of Avon Town Councils time. RECOMMENDATION: Staff recommends approving Resolution No. 24-04 Approving 2024 Special Events. Page 2 of 2 OPTIONS: Deny Resolution No. 24-04 or approve Resolution No 24-04 [with or without revisions]. PROPOSED MOTION: “I move to approve Resolution No. 24-04 Approving 2024 Special Events.” Thank you, Danita ATTACHMENTS: Attachment A – Resolution 24-04 Approving 2024 Special Events Resolution 24-04 Approving 2024 Special Events February 27, 2024 Page 1 of 1 RESOLUTION 24-04 APPROVING 2024 SPECIAL EVENTS WHEREAS, the Town Avon, Colorado (the “Town”) is a home rule municipality and political subdivision of the State of Colorado (the “State”) organized and existing under a home rule charter (the “Charter”) pursuant to Article XX of the Constitution of the State; and WHEREAS, the Town of Avon’s local liquor licensing regulations allow for the administrative review and approval of routine liquor license applications, including Special Event Permit applications for events already approved by the Town Council; and, WHEREAS, the Town Council, as the local liquor license authority, finds that delegating review and approval authority for certain routine liquor license applications to the Town Clerk will improve administrative efficiency; and, WHEREAS, the Town Council finds that approving 2024 special events planned for Nottingham Park would exempt Outdoor Use of Amplified Sound Permits for the listed events and would improve administrative efficiency: and, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town Council hereby approves the following 2024 special events and event dates: Special Event Liquor License: 1. Pride in the Park: Saturday, June 1st, 2024, 12:00 p.m. to 8:00 p.m.; Nottingham Park 2. Triple Bypass: Saturday, July 13th, 2024, 11:30 a.m. to 8:00 p.m.; Nottingham Park 3. Avon Art Celebration: Friday, July 26th, 2024, 10:00 a.m. to 5:00 p.m.; Saturday, July 27th 10:00 a.m. to 5:00 p.m.; Sunday, July 28th, 2024, 10:00 a.m. to 4:00 p.m. 4. Vail Valley Brew ‘Au: Saturday, August 10th, 2024; 4:00 p.m. to 8:00 p.m.; Nottingham Park 5. Man of the Cliff: Saturday, October 12th, 9:00 a.m. to 7:00 p.m.; Nottingham Park Outdoor Use of Amplified Sound: 1. SunsetLIVE!: Sunday’s, May 26th through August 25th, 2024; 3:30 p.m. to 8:30 p.m.; and September 1st, 2024, 4:00 p.m. to 8:30 p.m. Nottingham Park 2. AvonLIVE!: Wednesday’s, June 12th through August 38th, 2024, 11:00 a.m. to 9:15 p.m. 3. Lakeside Cinema: Friday’s July 5th through August 30th, 2024; 7:30 p.m. to 11:00 p.m.; Nottingham Park ADOPTED February 27, 2024, by the AVON TOWN COUNCIL By: Attest: ___________________________ Amy Phillips, Mayor Brenda Torres, Deputy Town Clerk 970-748-4446 mlabagh@avon.org TO: Honorable Mayor Phillips and Council members FROM: Michael Labagh, Recreation Director RE: Extending Health and Recreation Committee DATE: February 16, 2024 SUMMARY: Resolution 24-05 is presented to Council which would establish a permanent Health and Recreation Committee or extend the existing Ad Hoc committee. BACKGROUND: The Health and Recreation Committee was established by Resolution 19-16 in July 2019. In February 2022, Resolution 22-02 extended the Ad Hoc Health and Recreation Committee for two years, through January 31, 2024. Committee meetings are held bi-monthly on the third Tuesday of the month. The Committee is currently comprised of five community members and two Town Council members. ANALYSIS: Since the Health and Recreation Committee’s inception in 2019, the Committee has provided valuable insight regarding the Town’s parks and recreation programs and services. The Committee played an active role with the following Town initiatives: •Recreation Department program and service evaluation •Recreation Department community survey analysis •La Zona Design Concept Study (Recreation Center expansion) •Cost Recovery and Program Subsidy Plan analysis •Harry A. Nottingham Park operational review •Eaglebend Pocket Park Redevelopment Project In general, Committee feedback has been valuable as the Recreation Department continues to expand programs and services. The ongoing Committee engagement will be beneficial to the Recreation Department to maintain quality operations, programs and services for the Town’s community members and guests. The Committee will play an integral role in future Town initiatives which may include Recreation Center expansion, park planning and park land development. OPTIONS: Option A: Adopt Resolution 24-05 to designate the Health and Recreation Committee as a permanent advisory board for the Town. Option B: Extend Resolution 22-02 and maintain Ad Hoc Committee status until January 31, 2026. Option C: Allow the committee to expire on January 31, 2024 per Resolution 22-02. RECOMMENDATION: I recommend Option A, adopt Resolution 24-05, to establish the Health and Recreation Committee as a permanent advisory board for the Town based on quality feedback received from Committee members, the valuable citizen engagement the Committee has initiated, and the upcoming recreational planning work associated with the Village (at Avon) for the next several years. PROPOSED MOTION: “I move to approve Resolution 24-05, Approving the Health and Recreation Committee as a permanent advisory board to the Town.” Thank you, Michael Page 2 of 2 ATTACHMENT A: Resolution 24-05 Establishing the Health & Recreation Committee as a Permanent Committee ATTACHMENT B: Resolution 22-02 Extending Health & Recreation Committee Resolution 24-05 Establishing Health & Recreation Committee as a Permanent Committee February 27, 2024 Page 1 of 1 RESOLUTION 24-05 ESTABLISHING THE HEALTH AND RECREATION COMMITTEE AS A PERMANENT COMMITTEE WHEREAS, the Town of Avon, Colorado (“Town”) is a home rule municipality and political subdivision of the State of Colorado organized and existing under a home rule charter (the “Charter”) pursuant to Article XX of the Constitution of the State; and WHEREAS, Section 11.2 of the Charter states that Council may create any boards or commissions including an advisory committee; and WHEREAS, the Avon Town Council (“Council”) finds that the Ad Hoc Health and Recreation Committee provides valuable review, research and advisory functions regarding the Town’s parks and health and recreation of the Avon community; and WHEREAS, the Council finds that the Ad Hoc Health and Recreation Committee has promoted citizen understanding and involvement in the Town health and recreation opportunities and will thereby promote the health, safety and general welfare of the Avon community. Option A: NOW THEREFORE, the Town Council, hereby RESOLVES to modify the existing ad hoc committee into a permanent Health and Recreation Committee by amending Resolution 22-02, as follows: Section 16. Expiration. The Recreation Committee is a temporary, non-permanent advisory board and shall automatically expire on January 31, 2024 unless terminated earlier by Town Council resolution or unless the expiration date is extended by Town Council by resolution. Option B: NOW THEREFORE, the Town Council, hereby RESOLVES to extend Resolution 22-02 Extending Resolution No. 19-16 Approving an Ad Hoc Health and Recreation Committee until January 31, 2026, with the following amendments: Section 16. Expiration. The Recreation Committee is a temporary, non-permanent advisory board and shall automatically expire on January 31, 2024 2026 unless terminated earlier by Town Council resolution or unless the expiration date is extended by Town Council by resolution. ADOPTED February 27, 2024 by the AVON TOWN COUNCIL By:________________________________ Attest:___________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT A ATTACHMENT B 970.748.4011 dplace@avon.org TO: Honorable Mayor Phillips and Council members FROM: Derek Place, Chief Building Official Emily Block, Development Coordinator RE: PUBLIC HEARING: First Reading of Ordinance 24-03 Updates to Exterior Energy Offset Program and Efficiency Requirements DATE: February 22, 2024 SUMMARY: Avon has been a leader in Eagle County with adopting policies that support decarbonization and encouraging sustainable and energy-efficient solutions for energy usage. This memo provides an overview of Ordinance 24-03 (“Attachment A”), drafted to approve updates to update Avon’s Exterior Energy Offset Program (“EEOP”), originally adopted in 2015. The amendments were developed in partnership with the Eagle County Codes Cohort (the “Cohort”). Amendments to the EEOP would implement a new calculator to determine EEOP fees. Also included in Ordinance 24-03 is the re- instatement of a building code section dealing with minimum efficiency requirements for furnace and boiler equipment. BACKGROUND: In 2015 the Town adopted the EEOP provisions into the Building Code. These standards are designed to encourage sustainable and energy-efficient solutions for residential exterior energy uses such as snowmelt systems, pools, spas, etc. The program places a fee on new snowmelt, spa, hot tub, and pool projects based on square footage. Those fees are placed in a dedicated EEOP fund, which is to be used for purposes that further our renewable energy initiatives (as stated in Avon Municipal Code Section 15.27.030). Currently, there is a balance of approximately $204,000 in the EEOP fund. Historically, these expenditures have been given to Walking Mountains Science Center and a portion has put towards the Energy Smart Colorado rebates that they administer, funneling back into our community. The EEOP fund year balance is included for the past four years: Within the Cohort, Avon, Minturn, and Eagle County all have EEOP requirements in place. Basalt has adopted the Renewable Energy Mitigation Program (“REMP”). Eagle County’s Eco-Build regulations from 2006 similarly assess fees for snowmelt, spas, and pools to offset residential exterior energy uses. These 2020 2021 2022 2023 Expenditures: Actuals Actuals Actuals Actuals 2020 Energy Smart Colorado Program Management 6,000 Revenues Annual Fees 6,000 Licenses and Permits:2020 Totals 12,000$ Exterior Energy Offset Fee 59,760$ 8,434$ 129,984$ 36,450$ 2021 Energy Smart Colorado Program Management 6,000 Total Revenues 59,760 8,434 129,984 36,450 Annual Fees 6,000 2021 Totals 12,000$ Expenditures Current:2022 Home Energy Assessment Rebates 14,440 Community Development 12,000 12,000 26,940 23,832 Annual Fees 12,500 2022 Totals 26,940$ Total Expenditures 12,000 12,000 26,940 23,832 YTD 2023 Home Energy Assessment Rebates 13,832 Net Change in Fund Balances 47,760 (3,566) 103,044 12,618 Annual Fees 10,000 2023 Totals 23,832$ Fund Balances, Beginning of Year 65,044 112,804 109,238 212,282 Fund Balances, End of year 112,804$ 109,238$ 212,282$ 224,900$ Exterior energy Offset Fund EEOP – Ordinance 24-03 Page 2 of 4 regulations require building owners to offset at least 50% of the energy required to operate these amenities through on-site renewable energy generation, or by paying a calculated fee. Avon and Minturn’s adopted EEOP program mirrors the County’s program. EEOP ADOPTION STATUS IN EAGLE COUNTY AND BEYOND: Below is a table with each community in Eagle County and its respective EEOP adoption status and/or proposed timeline for EEOP adoption. Community Current EEOP Adopted Plans for UPDATED EEOP Adoption Proposed Adoption Timeline Avon Adopted In progress Q1 2024 Basalt Adopted REMP Adopted REMP NA Eagle County Adopted In progress Winter 2024 Gypsum Not Adopted Not planning to adopt update NA Minturn Adopted Not planning to adopt update. Current EEOP is still in place. NA Red Cliff Not Adopted Not planning to adopt update NA Town of Eagle Adopted Adopted Updated EEOP N/A Vail Not Adopted Not planning to adopt update NA Outside of Eagle County, there are several mountain communities that have adopted exterior energy use regulations and use the REG calculator as the tool to calculate their fees and offsets. By pursuing the EEOP update recommended by the Cohort, Eagle County communities will be aligning their exterior energy use regulations with the following communities: ● Pitkin County, CO ● City of Aspen, CO ● Town of Mountain Village, CO ● Telluride, CO ● Crested Butte, CO ● Breckenridge, CO ● Snowmass Village, CO PROPOSED CHANGES TO CURRENT EEOP: The EEOP provisions enforced by Eagle County, Avon, and Minturn have not changed since 2006, and the program in place today still relies on old data. REMP, on the other hand, has been continually updated with better or more recent data and analysis tools, which are now used across the State in mountain communities who have adopted these exterior energy use regulations. Since the initiation of the ECO-Build/EEOP program, there have been changes in snowmelt design standards in accordance with the American Society of Heating, Refrigeration, and Air-Conditioning EEOP – Ordinance 24-03 Page 3 of 4 Engineers (“ASHRAE”), municipal and state emission reduction goals, and with advancements in the energy tech industry. These changes, along with the desire to align exterior energy use regulations with regional partners and industry standards, serve as the main impetus for the recommended changes to Eagle County’s EEOP, which were derived through a consensus-based process with the Eagle County Code Cohort. For more details on the Cohort process and outcomes, see the accompanying memo here. EXTERIOR ENERGY USE CALCULATOR: In order to update the EEOP and provide a more fine-tuned method for determining the fee collected to install these systems that use exterior energy, the Cohort recommends adopting an exterior energy use calculator developed by REG Engineering. REG Engineering is an engineering firm based in Crested Butte, CO that has positioned themselves as a key partner in high- performance, energy-efficient building. The proposed EEOP Calculator is linked on the Town of Avon website on the Building page, and can be accessed via this link. The EEOP calculator is currently in use for all other exterior energy use programs, including the REMP programs outside of Eagle County. This calculator tool includes all of the updates recommended by the Cohort and has more sophisticated engineering calculations that will help the EEOP be more effective while providing robust backup or data to support its enforcement. The recommended changes from the Cohort, captured in the new calculator tool, include the following: 1. Update assumed energy use of the snowmelt system to align with REMP (Pitkin County, Basalt, Aspen, and more) and current ASHRAE standards. This update would change the assumed energy use for snowmelt from 34,425 BTUs / ft2 to 82,863 BTUs / ft2 for residential applications. 2. Rather than a fee-in-lieu based on cost of operation to run the system over the lifetime of the equipment, the fee-in-lieu should align with the local cost of installing solar as an offset and should be recalibrated every three years. 3. Gas fireplaces and firepits will be considered exterior energy uses. The Code Cohort has come to a consensus that energy use of these appliances must be offset 100%, but ultimately it is up to local municipalities to determine this percentage. 4. Air-source and ground-source heat pumps may be used as on-site credits similar to installing solar PV on the property. CURRENT VS REVISED CALCULATOR EXAMPLES: See attached (“Attachment B”) examples showing comparisons of the EEOP fee calculation using the current calculator versus the proposed new calculator, with a few different scenarios taken into account. For a video and instructions on how to input information into the new calculator, please refer to the attached (“Attachment C”) instructions provided by Eagle County. OTHER CODE AMENDMENTS: Ordinance 24-03 also includes the re-instatement of efficiency requirements for furnace and boiler equipment installed in Avon. These minimum efficiency standards (92% minimum) were inadvertently removed from the Avon Municipal Code when the Town Council approved International Energy Conservation Code (“IECC”) amendments in April 2023. This is a housekeeping matter that is included for convenience. RECOMMENDATION: I recommend that Council move forward with Ordinance 24-03, formally adopting the proposed changes to the EEOP program and recodifying minimum efficiency standards. EEOP – Ordinance 24-03 Page 4 of 4 OPTIONS: • Approve First Reading as drafted, and set Public Hearing for March 12, 2024 • Approve First Reading, with amendments, and set Public Hearing for March 12, 2024 • Continue to another future meeting. • No action Thank you, Derek and Emily ATTACHMENT A: Ordinance 24-03 ATTACHMENT B: Calculation Examples Referenced in Memo ATTACHMENT C: Eagle County 2023 EEOP Calculation Directions Ord 24-03 Amending Exterior Energy Offsets February 27, 2024 Page 1 of 9 ORDINANCE NO. 24-03 AMENDING CHAPTER 27 OF TITLE 15 TO UPDATE THE TOWN’S EXTERIOR ENERGY OFFSET PROGRAM; AND AMENDING ITS ADOPTION BY REFERENCE OF THE 2021 INTERNATIONAL ENERGY CONSERVATION CODE (IECC) AND MAKING CONFORMING AMENDMENTS TO TITLE 15 REGARDING BOILER AND FURNACE EFFICIENCY REQUIREMENTS 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, pursuant to such authority, the Town has previously adopted Title 15 of the Town of Avon Municipal Code (“Code”), regarding Buildings and Construction WHEREAS, Council adopted the 2021 International Building Codes, including the International Energy Conservation Code (“IECC”), on December 13, 2022 by approving Ordinance 22-16; and WHEREAS, Council adopted the Climate Action Plan 2020 Update, with the stated priority goal of adopting above building code standards that are consistent throughout the region; and WHEREAS, in April 2023, Council approved Ordinance 23-03, with amendments to the IECC, collectively referred here as the I-Codes, to improve the energy performance of building, and will thereby promote the health, safety, resiliency, affordability, sustainability, and general welfare of our community; and WHEREAS, the addition of efficiency requirements to the adopted International Energy Conservation Code will further our goals of reducing greenhouse gas emissions and will re- instate a requirement that had already existed previously via Ordinance 22-16; and WHEREAS, Council also wishes to amend Chapter 27 of Title 15 of the Code, to update Avon’s Exterior Energy Offset Program (“EEOP”), originally adopted in 2015, pursuant to the Town’s partnership with the Eagle County Codes Cohort (“Cohort”); and WHEREAS, these updates to Chapter 27 of Title 15 of the Code would implement a new calculator to determine EEOP fees; and ATTACHMENT A Ord 24-03 Amending Exterior Energy Offsets February 27, 2024 Page 2 of 9 WHEREAS, the Town desires to remain a leader in Eagle County with adopting policies that support decarbonization and encouraging sustainable and energy-efficient solutions for energy usage; WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the 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 Council, or any member of 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 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 Council. Section 2. International Energy Conservation Code Amendments. Council hereby approves the following amendments to the Avon Municipal Code by the addition of a new section 15.26.050, and the respective re-numbering within Chapter 15.26, as follows: 15.26.050 More efficient furnace and boiler equipment Equipment sizing and efficiency rating (Mandatory). Heating and cooling equipment shall be sized in accordance with ACCA Manual S based on building loads calculated in accordance with ACCA Manual J or other approved heating and cooling calculation methodologies. All new or replacement heating and cooling equipment (which includes boilers, furnaces, snowmelt, pool, spa, domestic hot water heater) shall have an efficiency rating equal to or greater than the minimum required by federal standards for the geographic location where the equipment is installed. All gas fired boilers and furnaces shall have a minimum efficiency of 92% AFUE. A condensate riser with a trap attached to the drain system must have neutralizer draining into the sanitary sewer system. 15.26.0560 - Additions and Modifications to IECC. 15.26.0670 - Violation. 15.26.0780 - Penalty. 15.26.0890 - Repeal. 15.26.090100 - Validity. Section 3. Exterior Energy Offset Program (“EEOP”) Amendments. Council hereby approves the following amendments to Chapter 27 of Title 15 of Avon Municipal Code, to read as follows: Ord 24-03 Amending Exterior Energy Offsets February 27, 2024 Page 3 of 9 15.27.010 Intent and Purpose. The purpose of the Exterior Energy Offset Program ("EEOP") Chapter is to encourage sustainable, energy efficient, exterior heating solutions that conserve energy and natural resources. 15.27.020 Applicability. The standards in this Chapter apply to all new residential R3 (single family, duplex, townhouse) and all new non-residential, mixed use, and/or multi-family exterior energy uses including but not limited to snowmelt, spas, and pools. The completed EEOP form must be submitted along with the subject building permit application. Mobile Home units that are approved by Colorado Department of Housing are exempt. The standards in this Chapter apply to all new residential and commercial exterior energy uses, as defined in the International Energy Conservation Code, including snowmelt, spas, pools and outdoor fire pits/fireplaces. Credits may be applied for existing and new alternative energy use systems pursuant to Chapter 15.27.50. 15.27.030 Scope. Scope of this document includes Exterior Energy uses, and energy production to offset exterior energy use. Compliance with this section will be documented via the free Public Domain tool “EEOP Calculation Sheet” in the most current version at the time of permit application, which will be submitted with the building permit application. This tool is available at the Community Development Office, and on the Building page at the Town of Avon website. Projected energy use, associated energy offset required, fees and credits are defined within this tool. Ord 24-03 Adoption Building Code Amendments Page 4 of 9 15.27.040 Fees and EEOP Fund Created. (a) EEOP considers exterior energy uses over a nominal amount as identified below. Fees are based on average British Thermal Units (BTUs) required for such amenities over a 20-year period in our climate. Fees are exempted if renewable energy system(s) pre- exist or are installed on-site prior to completion of the amenity which generate the equivalent of 50% of the energy needed for the exterior energy use. Any partial renewable offsets and/or energy efficiency rebates earned may be credited accordingly. System design, calculations, and field inspection are required and must be verified by the Building Official. (b) The following EEOP fees shall apply at the time of Building Permit: (1) Snowmelt over 200 square feet: $16.00 per square foot (2) Spa/hot tub over 64 square feet: $176.00 per square foot (3) Exterior pool: $136.00 per square foot For example, if 500 square feet of snowmelt was proposed on a residential property, where 200 is exempt, 300 x $16 per square foot = $4,800. (a) EEOP Fund Created (1) The EEOP fees shall apply at the time of Building Permit. All fees shall be calculated through the “EEOP Calculator”. The EEOP Calculator is available to the public on the Town of Avon website. No refund of fee payment shall be made to an applicant for installation of renewable energy production that exceeds the on-site renewable credits required pursuant to Chapter 15.27. Fees collected at Building Permit are placed in the Town of Avon EEOP fund to create financial assistance, rebates, and incentives to promote energy efficient projects elsewhere within the Town of Avon. (2) The EEOP Fund will be utilized as follows: The Town of Avon EEOP Fund will be managed by the Town Manager, or their designee and such designee may be determined by Resolution of the Town Council of Avon. Expenditures of EEOP funds shall be used for the following purposes: (a) To provide educational materials and outreach for Town of Avon residents, businesses, employees and building owners including but not necessarily limited to printed guides, efficient building educational events, a webpage with available resources, links, and information. (b) Planning, design and implementation of renewable energy generation projects. (c) Providing a community grant and/or rebate program for energy efficiency enhancements or renewable energy generation projects. Ord 24-03 Adoption Building Code Amendments Page 5 of 9 (d) Funding other resources and administrative costs associated with green building and environmental sustainability oriented efforts. (e) Special consideration is given to projects that positively affect occupants of local affordable housing or low income residents in Town of Avon. 15.27.050 Exterior Energy Use Requirements and Credits (a) Exterior Energy Uses. Residential, Commercial, and Governmental exterior energy uses (per list below) may be installed only if the building project meets the requirements of section 15.27.50. The completed “EEOP Calculation Sheet” must be submitted along with the subject building permit application. Exception: Mobile Home units that are approved by the Colorado Department of Housing are exempt. 1. Snowmelt (i.e.: driveways, patios, walkways, or similar surfaces). Exception: i. Snowmelt systems 200 sq ft or less. 2. Exterior pools. 3. Exterior spas. Exception: i. Exterior spas 64 sq ft or less. 4. Outdoor fireplaces. (b) Snowmelt Systems. All snowmelt systems shall be installed in accordance with the following provisions. The first 200 square feet of snowmelt are exempt from the requirements of section 15.27.50. 1. The maximum area of snowmelt is capped at 6,000 square feet per parcel. 2. R-15 insulation shall be installed under all areas to be snowmelted. 3. Automated controls that have the following capabilities: a. Limit operation to only when moisture is present. b. Limit operation to when outdoor air temperature is between 20 and 40 degrees F. c. Configured to shut the system off when surface temperature is above 50 degrees F. d. Idling shall only be permitted for commercial applications where public safety is shown to be a factor. 4. Snowmelt heating appliances such as, but not limited to, condensing boilers will have a minimum efficiency of 92% AFUE. Electric resistance and heat pump Ord 24-03 Adoption Building Code Amendments Page 6 of 9 heaters shall be permitted. Where condensing boilers are used, the boiler supply water temperature shall be a maximum of 130 F to allow for efficient boiler operation. (c) Exterior Pools. All exterior pools shall be installed in accordance with the following provisions. 1. Pool covers are required for all pools, with a minimum R-value of 2. 2. Pool heating appliances shall have a minimum efficiency of 92% AFUE. Electric resistance and heat pump heaters shall be permitted. Where condensing boilers are used, the boiler supply water temperature shall be a maximum of 130 F to allow for efficient boiler operation. (d) Exterior Spas. All exterior spas shall be installed in accordance with the following provisions. The first 64 square feet of spa are exempt from the requirements of section 15.27.50. 1. Spa covers are required for all spas, with a minimum R-value of 12. 2. Spa heating appliances shall have a minimum efficiency of 92% AFUE. Electric resistance and heat pump heaters shall be permitted. Where condensing boilers are used, the boiler supply water temperature shall be a maximum of 130 F to allow for efficient boiler operation. (e) Credits for Exterior Energy Use. Applicants interested in exterior energy use systems can alternatively choose to produce on-site renewable energy or use all-electric energy efficient technology via an air source heat pump or ground source heat pump to earn credit towards their exterior energy use offset. Credits for renewable energy production and high efficiency all-electric heating systems shall be calculated and applied per “EEOP Calculation Sheet'' for energy generated and systems installed onsite. Renewable energy methods listed in the calculator include: solar photovoltaic panels, solar thermal arrays, and hydroelectric and wind power. High efficiency heating systems listed in the calculator include: ground source heat pumps (GSHPs), and air source heat pumps (ASHP). Provision for alternative method calculations, including off site renewable energy methods, is also provided, and will require specific review and approval by the Building Official. (f) Solar Photovoltaic Systems. System designer/installer shall be certified by Ord 24-03 Adoption Building Code Amendments Page 7 of 9 COSEIA (Colorado Solar Energy Industries Association) or NABCEP, (North American Board of Certified Energy Practitioners), or a licensed Professional Engineer in the State of Colorado. (g) Solar Hot Water. The size of solar hot water systems is limited to 500 square feet of collector area unless otherwise approved by the Building Official. Systems larger than this limit will be considered, but will require documentation showing year-round utilization of this larger system. (h) Ground Source Heat Pump. In order to use a GSHP for on-site renewable credit the GSHP system must supply at least 20% of the peak load for heating the building and all the exterior energy uses. Each ground source heat pump system shall be tested and balanced and the design engineer shall certify in writing that it meets or exceeds a design coefficient of performance of 3.0 inclusive of source pump power. Design conditions for determining COP will be: 30F ground loop temperature measured at the GSHP inlet, and 110F GSHP load side outlet. The ground loop system must be designed by a CGD (Certified GeoExchange Designer certified by the Association of Energy Engineers) or a Professional Engineer licensed in the State of Colorado or an IGSHPA (International Ground Source Heat Pump Association) certified designer. The mechanical system must be installed by a certified IGSHPA contractor. 15.27.560 Severability Provision. Should any provision of the EEOP be declared by a court of competent jurisdiction in any final judgment to be invalid, unlawful or unenforceable for any reason, such offending provision shall be deemed deleted and the remaining provisions of such Code shall remain in full force and effect. 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. Ord 24-03 Adoption Building Code Amendments Page 8 of 9 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 remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 8. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on February 27, and setting such public hearing for March 12, 2024 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk Ord 24-03 Adoption Building Code Amendments Page 9 of 9 ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on March 12, 2024. BY: ATTEST: ____________________________ ____________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: ____________________________ Nina Williams, Interim Town Attorney ATTACHMENT B – CALCULATIONS In the examples below, we utilize the residential EEOP calculator. Calculation 1A reflects the offset fee using our current EEOP calculator for a home with 300 square feet of snowmelt, a 100 square foot spa and a 300 square foot pool. The total fee due comes out to $48,736: 1A: Calculation 1B reflects the offset fee using the revised EEOP calculator, with the same square footage of each application. This revised calculation takes into account the efficiency rating of the mechanical equipment that is powering these appliances, and since our code requires an efficiency rating of at least 92% this is the number that was used. You will notice that this actually reduces the offset fee to a total of $45,775.32. 1B: In a second example, we use a larger square footage of 1,000 snowmelt, 150 spa, and 500 pool. Calculation 2A is demonstrating fees using our current EEOP calculator, in which total fees come out to $95,936. 2A: Calculation 2B uses our revised EEOP calculator, and in this instance, the fee is slightly higher and comes out to $99,941.99. 2B: Aside from producing a generally more accurate calculation, one of the main advantages of this new EEOP calculator is the ability to input on-site renewable energy credits such as heat pumps, PV panels, etc. In example 3A, we used the same square footage as above but assumed this residence has a heat pump and PV panels (the details of those two systems are inputted elsewhere within the calculator, which is highlighted in the example), and as you can see the fee has substantially decreased to $30,362.43. 3A: Eagle County EEOP Directions EEOP Calculator Sample Project Video Table of Contents Part 1: Pre-Directions:................................................................................................................... 2 Part 2: REEOP & CEEOP Directions:............................................................................................3 Part 3: On-Site Renewable Credits Calculation.............................................................................6 Part 4: Ground Source or Air Source Heat Pumps........................................................................7 Part 5: Solar PV.............................................................................................................................9 Part 6: Alternative Renewable Energy Sources...........................................................................10 Part 7: Final Calculations.............................................................................................................11 1 ATTACHMENT C Part 1:Pre-Directions: The Legend: ●Yellow-shaded cells:User inputs data;Only cells that are editable. ●Green-shaded cells:Output cells from formulas;Cannot edit. Sheet Names: ●REEOP =Residential Exterior Efficiency Offset Program worksheet ●CEEOP =Commercial Exterior Efficiency Offset Program worksheet ●PV Generation =Photovoltaic generation (energy generation from solar panels) worksheet ●HP =Heat pump worksheet ●Alt Energy Source =Alternative energy source worksheet (for energy production types such as wind,hydroelectric,off-site PV,or other) ●Background Calcs =Background calculations used in the formulas for value outputs (for reference only) ●Solar Derate Calculations =Background calculations for PV Generation sheet (for reference only) 2 Part 2:REEOP &CEEOP Directions: Step 1:REEOP vs.CEEOP ●Choose the REEOP sheet if this is a residential project. ●Choose the CEEOP sheet if this is a commercial project. ●NOTE:Both sheets will auto-populate some data,but you can only use one sheet or the other.While the sheets look very similar,no project should use both sheets. Step 2:Input Project Name ●Input the name of the project into yellow shaded cells at the top (E7) Step 3:Snowmelt Calculations (if applicable) ●Locate Application #1:Snowmelt.(C13) ●Input the total area (square feet)of proposed snowmelt into the yellow shaded cell (I13) ●Select the efficiency rating of the proposed snowmelt system from the dropdown menu. The dropdown menu appears once you click the cell.(L13) ○If it is an all-electric system,enter 100%for the efficiency rating. ●The exempted snowmelt will automatically be deducted from the total amount of proposed snowmelt (I15) ●The total area of non-exempt proposed snowmelt will auto populate into cell I17 ●The spreadsheet will then automatically calculate the kilowatts of solar PV required to fully offset the non-exempt proposed snowmelt.(N17) ●The spreadsheet will then automatically calculate the solar PV offset (Q17)after the 50% offset (O17)is applied. ●The spreadsheet will then automatically calculate the associated payment in lieu for the solar PV offset.(R17) 3 Step 4:Spa Calculations (if applicable) ●Locate Application #2:Spa.(C20) ●Input the total area (square feet)of the proposed spa into the yellow shaded cell.(I20) ●Select the efficiency rating of the proposed spa from the dropdown menu.The dropdown menu appears when you click the cell.(L20) ○If it is an all-electric system,enter 100%for the efficiency rating. ●The exempted spa square footage will automatically be deducted from the total square feet of proposed spa.(I22) ●The total area of non-exempt proposed spa will auto populate into cell I24. ●The spreadsheet will then automatically calculate the kilowatts of solar PV required to fully offset the non-exempt proposed spa.(N24) ●The spreadsheet will then automatically calculate the solar PV offset (Q24)after the 50% offset (O24)is applied. ●The spreadsheet will then automatically calculate the associated payment in lieu for the solar PV offset.(R24) Step 5:Outdoor Pool Calculations (if applicable) ●Locate Application #3:Outdoor Pool.(C27) ●Input the total area (square feet)of the proposed outdoor pool into the yellow shaded cell.(I27) ●Select the efficiency rating of the proposed outdoor pool.(L27) ○If it is an all-electric system,enter 100%for the efficiency rating. 4 ●The spreadsheet will then automatically calculate the kilowatts of solar PV required to fully offset the proposed outdoor pool.(N27) ●The spreadsheet will then automatically calculate the solar PV offset (Q27)after the 50% offset (O27)is applied. ●The spreadsheet will then automatically calculate the associated payment in lieu for the solar PV offset.(R27) Step 6:Disregard the Calculations for Heat Tape,Outdoor Electric Heaters,&Outdoor Gas-Fired Heaters ●Heat tape,outdoor electric heaters,and outdoor gas-fired heaters are not part of the EEOP program,and therefore are grayed out. ●If any information is put in the yellow boxes for those applications,the offset will not be calculated. Step 7:Outdoor Gas Fireplaces &Firepits Calculations (if applicable) ●Locate Application #7:Outdoor Gas Fireplaces &Fire Pits.(C39) ●Input the total Btu/hr of proposed outdoor fireplaces/firepits into the yellow shaded cell. (I39) ●The spreadsheet will then automatically calculate the kilowatts of solar PV required to fully offset the proposed fireplace/firepit.(N39) ●The spreadsheet will then automatically calculate the solar PV offset (Q39)after the 100%offset (O39)is applied. ●The spreadsheet will then automatically calculate the associated payment in lieu for the solar PV offset.(R39) Step 8:Calculate Total EEOP Payment ●The total required PV kW offset from any proposed snowmelt,spa,outdoor pool,and/or outdoor gas fireplace/firepit will be summed.(Q42) 5 ●The total required payment in lieu from any proposed snowmelt,spa,outdoor pool, and/or outdoor gas fireplace/firepit will be summed.(R42) Part 3:On-Site Renewable Credits Calculation Step 1:Identify Supplemental Energy Sources (if applicable) ●Identify supplemental energy sources (if applicable)that will contribute to offsetting projected exterior energy consumption. ○Options include:Ground source heat pump,air source heat pump,solar hot water,solar PV,alternative renewable energy sources. Step 2:Input Data into Correct Sheet ●For Ground Source or Air Source Heat Pumps,go to Part 4. ●For Solar PV,go to Part 5. ●For Alternative Renewable Energy Source (other than on-site solar PV),go to Part 6. ●For solar hot water,input the total square footage into cell L55. 6 Part 4:Ground Source or Air Source Heat Pumps Step 1:Open the “HP”sheet ●Select the HP sheet from the tabs at the bottom. Step 2:Input Basic Information ●Add the project name into cell E7. Step 3:Air Source Heat Pump (ASHP)(if applicable) ●Complete sections A1 and A2 if the project includes an air source heat pump. ●List the heat pump’s model and manufacturer in cells H13 and H15 respectively. ●Input the total system capacity at -5°F OAT in Btu’s into cell K19. ●Input the system coefficient of performance (COP)into cell K22. ●Excel will automatically calculate the Btu’s from the heat pump and the equivalent solar PV offset and credit.Those numbers will automatically be entered into the EEOP sheet, cells L52,Q52,and R52. ○Note:These calculations are done using data in the “Background Calcs”sheet. Step 4:Ground Source Heat Pump (GSHP)(if applicable) ●Complete sections G1-G3 if the project includes a ground source heat pump. 7 ●List the heat pump’s designer certification (H31),the designer ’s certification number (M31),installer accreditation (H33),installer accreditation number (M33),and Division of Water Resources permit number (M35). ●Input the heat pump’s system design specifications,including the number of loops (K39), the depth of the loops (K41),the total length of tubing (K43),the total system (per the specifications)(K45),and the coefficient of performance (K48). ●When you submit the EEOP document,include the following documents: ○GSHP unit performance sheets certified by AHRI 330 or ISO 13256-1 for all specified GSHP units,with capacity at design conditions highlighted. ○Designer Certification Sheets ○Installer Certification Sheets ○Division of Water Resource Permit ○Plans prepared by IGSHPA certified designer or Professional Engineer showing planned configuration of ground loop exchanger and heating/cooling plant with all equipment specified,pipe sizes called out and a detailed Control Sequence of operation. ●Include who the plans were prepared by (F66),their email address (F67),and their phone number.(F68) ●Excel will automatically calculate the Btu’s from the heat pump and the equivalent solar PV offset and credit.Those numbers will automatically be entered into the EEOP sheet, cells L49,Q49,and R49. ○Note:These calculations are done using data in the “Background Calcs”sheet. 8 Part 5:Solar PV Step 1:Open the “PV Generation”Sheet ●Select the PV Generation sheet from the tabs at the bottom. Step 2:Project Name ●Input the project’s name into cell C6. Step 3:Array Calculations ●Select the orientation of the array from the dropdown menu.The dropdown menu appears once you click into the cell (C18). ○Note:the orientation angles are provided in the chart to the right. ●Select the pitch of the array from the dropdown menu.The dropdown menu appears once you click into the cell (C19). ●Input the size of the array in kW.(C20) ●Select whether or not the array sheds snow from the dropdown menu.Options are YES or NO,and these appear once you click into the cell (C21). ○NOTE:to shed snow,the array must have a pitch of 7/12 or greater and not have snow fences or a roof surface that prohibits snow shed. ●The annual generation from the solar array (based on your inputs)will be automatically calculated into cell C22. ○NOTE:This calculation is done using data in the Solar Derate Calculations sheet. ●Repeat this process for each array (up to 4 arrays total). Step 4:Totals ●Total array size installed (for all arrays entered)will automatically calculate in cell C45. ○Total array size will also automatically be entered into L58 on the EEOP sheet. ●Total equivalent array size (for all arrays entered)will automatically calculate in cell C46. 9 ○Total equivalent array size will also automatically be entered into Q58 on the EEOP sheet.This calculation is done using data in the “Background Calcs” sheet. ○The corresponding credit applied based on the equivalent array size will be entered into cell R58 on the EEOP sheet. ●Array effectiveness (for all arrays entered)will be automatically calculated in cell C47. ●Input the preparer's name,email,and phone number into cells D49,D50,and D51, respectively. Part 6:Alternative Renewable Energy Sources Step 1:Open the “Alt Energy Source”Sheet ●Select the “Alt Energy Source”sheet from the tabs at the bottom. Step 2:Project Name ●Input the project’s name into cell C7. Step 3:Input Energy Produced ●Input the amount of wind,hydroelectric,off-site solar PV,and other alternative energy sources produced into the corresponding cell (C11,C12,C13,C14).Required units are listed next to the input cells (kWhr/yr). 10 Step 3:Totals ●The total annual kWh/yr from all alternative energy sources will be summed in cell C15. ●The equivalent solar PV will be calculated and automatically inputted into cell C16. ○The equivalent solar PV number will also be automatically calculated into cell Q61 on the EEOP sheet.This calculation is done using data in the “Background Calcs”sheet. ○The corresponding credit from the equivalent solar PV number will be automatically inputted into cell R61 on the EEOP sheet. ●Input the preparer's name,email,and phone number into cells D20,D21,and D22, respectively. Part 7:Final Calculations Step 1:Exterior Energy Use Calculation Totals ●The total solar PV offset required and payment in lieu from all exterior energy uses (snowmelt,spa,outdoor pool,&outdoor gas fireplaces/fire pits)in the project will be totaled into cells Q42 and R42 respectively. 11 Step 2:On-Site Renewable Credit Calculation Totals ●The total PV and payment in lieu offsets applied from on-site renewable energy credits from supplemental energy sources (heat pumps,solar hot water,on-site PV,and alternative energy sources)will be totaled into cells Q63 and R63 respectively. Step 3:Total EEOP Payment ●The total PV and payment in lieu offset required (Section 1)will be automatically input into cells Q68 and R68,respectively. ●The total PV and payment in lieu credits applied from renewable sources (Section 2)will be automatically input into cells Q69 and R69,respectively. ●Input any pre-paid offset amount into cell R70. ●The total exterior energy offset payment required will be automatically summed in cell 71. ●Input the preparer's name,email,and phone number into cells E71,E72,E73 respectively. 12 970.748.4004 eric@avon.org TO: Honorable Mayor Phillips and Council members FROM: Eric Heil, Town Manager RE: 2024 Department Goals DATE: February 21, 2024 SUMMARY: This report reviews the 2024 Department Goals for Council. The attached Department Goals were presented to Council at the September 19, 2023 Budget Retreat. The 2024 Department Goals reflect the direction of the Avon Town Council and community for new policies, programs and projects and serves as a guide for appropriations and staffing in the 2024 budget. Many goals involve a process of researching information, soliciting public input, and conducting review by Council to determine appropriate details or whether to proceed with a particular goal. The Goals represent an ambitious and full work load with full staffing. There are 63 identified Department Goals for 2024 (not including Community Housing, all our Capital Improvements Projects and our specific Climate Action and sustainability projects). Council has the discretion to add, remove or redirect Department Goals at any time. Adding new goals will require deferring goals on the list. Staff provides a written report each quarter with an update on progress with Department Goals. REQUESTED DIRECTION: Many goals contemplate that there would be a work session with Council for further discussion and direction. Requested direction is to (1) affirm the 2024 Department Goals are appropriate, (2) provide direction to add, remove or modify any Goals, or (3) identify specific Goals that warrant more discussion by Council before Staff initiates any work. Thank you, Eric ATTACHMENT A: 2024 Department Goals 2024 Department Goals For Approval in February 2024 Page 1 of 10 Town of Avon 2024 Department Goals This document presents specific goals to be completed, or substantially completed, during 2024. The goals are identified by town departments and/or divisions. Quarterly updates will be provided by department directors and managers. Town Council will have an opportunity to review the information and provide direction on any revisions, deletions, or changes in priority. The goals provide a foundation for organizing and scheduling Staff work as well as scheduling reports, work session and action items for Council meeting. The list is not comprehensive in nature and there will be ample opportunity to review and discuss other high-level priorities set by Town Council, including but not limited to housing, water, childcare, climate action, US Post Office and railroad monitoring. 2024 Department Goals General Government GENERAL GOVERNMENT COMMUNICATION & MARKETING 1.Conduct the 2024 Community Survey: A biennial survey will be conducted during summer 2024 to solicit input on Town services and pending policy questions. The community survey will be sent to residents, property owners and business owners in Avon. A final report will be provided to Council in fall 2024. 2.Launch New Community Engagement Platform: In 2023, Staff researched several different platforms with a focus on ease of registration and formatting flexibility and explore designing our own platform. ZenCity was ultimately selected as the best platform for Avon and the new website will be launched in 2024. 3.Ensure the Avon.org is in Compliance with HB21-1110: HB21-1110 requires ADA compliance from municipal websites by July 1, 2024. Currently, most content and images on the website are in compliance, but the documents uploaded to the website regularly are not in compliance and remediation work is required to meet the upcoming deadline. 4.Research Web Cam Options for Town-Wide Implementation: Collect data from peer communities about how they use web camera technology, who provides their service, and what resources are required. Develop a plan to implement web cam technology throughout Town in 2025. ATTACHMENT A 2024 Department Goals For Approval in February 2024 Page 2 of 10 CULTURE, ARTS & EVENTS 5. Plan Best of the West and Heart & Soul Festivals: Develop programming and budget for launch of the Best of the West Festival in 2025 and launch of Heart and Soul Festival in 2025 or 2026. Present programming and budget to CASE for review and comment. 6. Research Cultural Plans: Gather cultural plans and information from peer communities, conduct networking and site visits. Facilitate discussions with CASE regarding what is appropriate and feasible for Avon without creating redundancy with current cultural offerings in the Vail Valley. 7. Vail Valley Art Guild: Support and collaborate with the Vail Valley Art Guild to build their organizational capacity through communication, information, and resource sharing, measuring current programs and activities, and fine-tuning processes and productivity. Identify venues and develop timelines for thoughtful and impactful programs and activities. Through a strategic alliance collaborate on identifying grant funding to further VVAG, CASE and Town goals. 8. The Old Fire Station: The La Zona project identified the Old Fire Station site as an appropriate location for the development of a community event and gathering space and art center (arts, culture, heritage, recreation, education, etc.) Research similar community facilities and art centers to gather facility and programming information, conduct networking, visit other sites. Present information to CASE for review and comment. 9. Large Format Murals: Develop project scope and intent, design, and artist guardrails to release an RFP/Artist Call Out in January 2024 for one large format murals with installation taking place in early summer of 2024. Two identified locations for large format murals installations are (1) Avon Elementary School east facing exterior wall adjacent to the playground and (2) The Season building west facing exterior wall opposite the Avon Library. One mural is proposed for 2024 and second mural is proposed for 2025. 10. Selfie Heart Project: Identify location in Nottingham Park, Main Street Mall or other Town core location for a large heart shaped cut out structure (“selfie-heart project”) in metal, wood, or other sustainable and low maintenance material. Brightly colored and designed with the intent of engaging residents and visitors to take photos creating shareable moments and social opportunities. The location selection, design guardrails, budget development and Planning & Zoning review and guidance would be done in 2024 for an early summer 2025 installation. 11. Ice Sculptures on Main Street Mall (MSM): Identify locations along the MSM appropriate for temporary ice sculpture installations which encourage public engagement, are decorative and/or themed, lit at night, self-explored, and designed to last a minimum of 14-days. The locations selection, design guidance and budget development would be done in spring/fall 2024 for installation in January or February 2025. This could be a support feature for Fireworks in Avon in January 2025. 12. Art Benches Program: Refurbish the six painted art benches from 2020 with more durable material or sealant. Add four additional art benches to the program each summer from 2024 and 2026. Conduct RFP / Artist Call Out in collaboration with Vail Valley Art Guild. 2024 Department Goals For Approval in February 2024 Page 3 of 10 SUSTAINABILITY 13. Avon Residential Composting Research: Research to prepare for a residential composting pilot program like the one in West Vail. The research will include program design, policy, community interest, budget, location, and RFP preparation for a 2025 rollout. This composting goal directly contributes to the Climate Action Plan goal of diverting 80% of organics currently landfilled by 2030. 14. GHG Inventory Add-on: Avon Net Zero Forecasting: Utilize the data from the 2019 and 2022 greenhouse gas (GHG) inventories to create a comprehensive net zero forecast. Analyze the emission reduction potential across key sectors to identify strategies, policies, and investments required to achieve net zero emissions in Avon by 2030. 15. Climate Action Investment Matrix: Continue the existing work of tracking, analyzing, and quantifying various climate action projects undertaken by Avon, including the financial investment, the GHG reduction and return-on-investment (ROI). Enhance the presentation of the Matrix by incorporating data visualizations to support informed data-driven decision-making and efficient allocation of resources towards Avon's climate action goals. 16. Weatherization and Electrification Program for the Aspens: Evaluate a comprehensive weatherization and electrification program for The Aspens, a low-income mobile home community in Avon. Leverage and promote Eagle County and NWCCOG’s existing weatherization and electrification program in Avon. 17. Recycling Center Upgrade: Collaborate with Eagle County to elevate the Avon Recycling Center, enhancing safety and user experience. Apply for the Recycling Resources Economic Opportunity (RREO) grant of the Colorado Department of Public Health and Environment. If grant funds are awarded, Eagle County will procure new equipment and the Town will upgrade infrastructure and implement regional Styrofoam recycling program with Styrofoam densifier equipment. 18. Research New Energy Rebates: EVs, EVSE and Battery Storage: Research energy rebates for Electric Vehicles (EVs), Electric Vehicle Supply Equipment (EVSE), and battery storage systems. The rebates will provide incentives for clean transportation and resilient energy storage energy solutions in Avon. TOWN CLERK 19. Records Management & Retention - Standardize folder structure and records retention across departments to ensure that each Department director, manager and/or coordinator is familiar with the Colorado Municipal Records Retention Schedule and appoints a Department-specific user to monitor that mandatory records are being adequately retained. A Laserfiche consultant will also be hired to develop workflows that automate the archival process of selected records that are commonly used. This will help dimension the cost of this type of solution. 20. Implementation of Agenda Management Software and Workflow for Meeting Packet: The Town Clerk will implement the roll-out of the CivicClerk Agenda Management Software in order to safely manage agendas, generate minutes, and tally votes by Councilors. 2024 Department Goals For Approval in February 2024 Page 4 of 10 21. Implement On-site Spanish Language Conversation Classes: Organize and implement conversational Spanish classes for Town employees at the Avon Town Hall or other Town facilities. ADMINISTRATION 22. Establish Program for Council Visits to Peer Resort Communities: Establish a program for peer resort community visits that create opportunities to build relationships, share ideas about best municipal practices and topics of mutual interest, such as housing, economic development, as well as events and cultural programs. Visits will encourage a platform that showcases the resort community assets that are offered to their residents and guests. 23. Administrative Support to the Downtown Development Authority: If the ballot questions passes, there will be a need to provide support for setting up DDA through its member appointments, financial analysis and organization of meetings. 24. Research Rejoining DestiMetrics: Study whether it will be worthwhile to rejoin if we can pass an ordinance that makes reporting mandatory in 2025. FINANCE 1. Assist with Multi-Year and Long Range Finance Projections: Develop models for multi-year and long-range financial forecasts to assist Council with long range visioning. 2. Support Financial Planning for Housing, Capital Improvements, and Avon DDA: Assist with exploring options and preparing information to help Town Manager and Council determine best financing options for large investments and capital improvement projects. 3. Monitor Village (at Avon) Matters: Monitor and participate, when appropriate, in financial matters related to the development to better understand growth opportunities and financial impacts from existing and future development in the Village (at Avon). INFORMATION TECHNOLOGY (IT) 1. Increase data security: Implement two-factor authentication for remote access and the Cisco VPN. Roll out Microsoft Purview email encryption. Investigate options such as Domain Assure or similar products for enhancing data security. Conduct penetration testing to identify vulnerabilities and improve security measures. 2. Broadband: Explore a potential private-public partnership with Vero and the potential of joining NWCOG's project THOR. Collaborate with relevant stakeholders to explore partnership opportunities. 3. Guest Wireless in Nottingham Park: Collaborate with Resort Internet to provide guest and event wireless internet services in Nottingham Park. Implement the project in stages, starting with the field in front of the Avon Pavilion and extending to the north side beach. HUMAN RESOURCES 2024 Department Goals For Approval in February 2024 Page 5 of 10 1. Implement Phase II of “Committed to Community”: Research, develop and execute Phase II of “Committed to Community” public service training. Phase II will include: (1) conflict resolution, (2) mastering your message, (3) impact of a message, and (4) active listening. The frequency and content of this annual program will be established. 2. Complete Implementation of Human Resources Information System (HRIS): Complete the implementation of HRIS (BambooHR), (data entry) with an emphasis on the software training that helps employee and manager utilization of the recruiting and hiring, employee self-service (ESS), and performance review modules. Training will be scheduled for each department so that the software becomes relevant for their HR functions. 3. Update Drug & Alcohol Policy: Update the Town’s Drug and Alcohol Policy to identify federal changes and establish compliance with the Federal Transportation Authority (FTA) and Federal Motor Carrier Safety Administration (FMCSA). 4. Review Employee Health Insurance Costs: Collaboration between Human Resources and Finance to outline costs benefit comparison of self-insured and fully insured plans. Develop a comparison of health benefit plans from peer communities. 5. Support Expanded Leadership Training: Host a larger group retreat in the Spring to support training for stress management tools, creating a work-life balance, and time management skills and process. Evaluate various training opportunities to offer the leadership team which may include topics such as, project planning and delegating work to create employee empowerment, employee accountability, building trust and respect, coaching to improve employee performance, dealing with change, leading innovation, and conflict resolution. 2024 Department Goals Community Development Community Development 1. Community Housing Initiatives: Pursue all reasonable efforts to implement Community Housing, including but not limited to the following goals: a. Eagle County Regional Housing Action Plan: Administer the Eagle County Regional Housing Action Plan project. b. Avondale Apartments Construction: Complete entitlements, construction drawings, and secure contractor to commence construction. 2024 Department Goals For Approval in February 2024 Page 6 of 10 c. Early Childhood Education, Planning Area E, Village (at Avon): Coordinate zoning amendments and review of site plan and architectural designs. Define leasing, partnership financial contributions, operations and accessibility requirements. Commence construction in 2024. d. East Avon Preserve: Facilitate due diligence process for exploring a housing project accessed off Wagon Trail Road. The project will include coordination with Traer Creek and their potential road extension to Planning Area I. Began in 2023 e. Annex State Land Board: Annexation, subdivision, and development review of project, including Phase I. f. Slope Side Rezoning: Conduct initial site investigation and due diligence to determine development potential, prepare and process rezoning application. g. Evaluate Avon Development Code for Housing: Review existing high density residential zoning and propose revisions which are more efficient and cost effective for development of housing, including density and building height; evaluate development review process to determine if expedited review process for Community Housing is viable. h. Revisit Inclusionary Zoning and Available SFEs: Explore potential policies that may allocate or prioritize a portion of the remaining available Single-Family Equivalent (SFE) water supply to Community Housing projects. Update 2020 Community Housing Plan i. Update Old Deed Restrictions: Review pre-2000s Deed Restrictions, evaluate for outdated language, work with property owners to update Deed Restrictions. 2. Sun Road & East Avon Redevelopment Plan: Complete long range sub area plan for redevelopment of four properties and Sun Road and East Town Center. Began in 2023. 3. Water Allocation Management: Import all Single-Family Equivalent (SFE) water allocation data into Town of Avon Geographic Information System (GIS). Establish protocols for updates and ongoing internal management of data. 4. Avon Net Zero Building Expo: Host the second annual Avon Net Zero Building Expo to provide contractors, construction managers, building officials, and sustainability professionals with the latest advancements and information on net zero building practices. 5. Update Town of Avon Parking Code: Consider modifications to Chapter 7 Municipal Code regulations, including minimum requirements, and electric vehicle parking locations including ADA standards. 6. Village (at Avon) Park Planning: Retain a consultant to conduct initial conceptual planning for park areas in the Village (at Avon). 2024 Department Goals For Approval in February 2024 Page 7 of 10 2024 Department Goals Recreation RECREATION 1. Develop Sponsorship Plan: Create a standardized plan for the Department including tiered options for Recreation facilities and programs. Priority sponsorship opportunities will be offered to Avon and Eagle County businesses. 2. Create Scholarship Program: Create an internal scholarship program for Avon and Eagle County residents. A pre-approved scholarship fund budget will be available for families in need and eligible to be used for any program or membership. The Health and Recreation Committee will assist with approving scholarship applications. 3. Formalize ‘Active Older Adults’ Programming: Create and provide ongoing programs for older adults, age 50+, on a year-round basis. Reestablish partnership with Eagle County Healthy Aging. 4. Complete Eaglebend Pocket Park Transformation Project: Manage Great Outdoors Colorado (GOCO) grant process, conduct community outreach, obtain design services, and oversee construction of the Eaglebend Pocket Park. 5. Saddleridge Pocket Park Community Engagement and Redesign: Conduct community outreach and obtain design services for redevelopment of Saddleridge Pocket Park. 6. Redevelop Mission and Vision Statement for Recreation Department: Work closely with the Health and Recreation Committee and Town Council to redevelop a mission and vision statement for the Recreation Department. 7. Finish Recreation Center Expansion Designs: Finish the designs for the Recreation Center Expansion, develop rough cost estimates, review financing and funding options, proceed with construction designs, identify and apply for grant funding. 2024 Department Goals Police POLICE 1. Ethical Decision Making Under Stress (EDMUS): The Colorado Peace Officers Standards Training Board (POST) has advocated for law enforcement agencies in the State of Colorado to 2024 Department Goals For Approval in February 2024 Page 8 of 10 embrace three nationally accepted de-escalation trainings. The three training courses are Integrating Communications, Assessment, and Tactics (ICAT) provided by the Police Executive Research Forum, Active Bystandership for Law Enforcement (ABLE) delivered by Georgetown University, and EDMUS (Ethical Decision Making Under Stress) developed by Colorado POST. The Avon Police Department has completed ICAT and ABLE and we plan to complete EDMUS training in 2024. 2. CALEA Accreditation: 2023 is the last year of our 4-year accreditation cycle. If successful we will be awarded our reaccreditation at one of the three CALEA national conferences in 2024. 3. Flock Safety: In 2024 we hope to see results of our defensive ring of Automatic License Plate Readers at all ingress into Avon, offering greater protection to our community against vehicle thieves and other unwanted individuals who commit crimes against Avon residents and guests. We were successful in obtaining a Colorado Division of Justice grant for year 2 (2024), $20,000 for the annual subscription cost. 4. Parking Management: Implement the Town of Avon managed parking program by the end of 2023. Carefully evaluate the system in 2024, conduct stakeholder input, report findings to Council, suggest any appropriate revisions to the parking management program. 2024 Department Goals Public Works PUBLIC WORKS - ALL 1. Establish a Preventive Maintenance Program: Create and implement a comprehensive Preventive Maintenance Program (Facilities, Engineering, and Operations Divisions). The Preventive Maintenance Program will include drainage infrastructure, streetlights, buildings, and roadway infrastructure. 2. Swift Gulch Public Works Garage: Finalize designs, review bids, secure funding and implement the construction of the Public Works garage at Swift Gulch. PUBLIC WORKS >> ENGINEERING 3. Establish an Avon Geographic Information System (GIS) Program: The Town has been collecting GIS data on the built infrastructure for the past several years. In 2023, a GIS Administrator was position was added to fully implement a comprehensive program that will provide GIS support to all departments in the Town. In 2024, the goal will be to establish a GIS support program for Town Departments. 4. Nottingham Road Drainage Improvements: The Town has experienced periodic flood events on Nottingham Road that closed Nottingham Road, Interstate 70, and damaged several downstream 2024 Department Goals For Approval in February 2024 Page 9 of 10 developments. Two projects are proposed at 330 Nottingham Road near Sonnen-Halde and Sherwood Meadows Condominiums and 400 West Beaver Creek Blvd near Beaver Bench Condominiums. The projects were not selected for the 2023 FEMA grant cycle. We will apply for the 2024 grant cycle. 5. Comprehensive Road Safety Audit and Traffic Control Program: A comprehensive road safety audit of the Town will enhance roadway safety for all. In 2022/23, a road safety audit was conducted on Avon Road. The Avon Road audit recommended enhanced pavement markings and signage. In addition, the Audit Report helped garner a $366K CDOT Safety grant to install additional flashing beacons at 6 crossings and permanent medians on Hurd Ln. PUBLIC WORKS >> FACILITIES 6. Implement Facilities Reserve Study Recommendations: Review facilities reserve study results and prioritize areas for improvement by setting clear objectives and developing action plans for preventative maintenance, repairs, and equipment life cycle planning. 7. Energy Efficiency: Evaluate energy tracking data and implement energy saving practices by conducting audits, finalizing building LED conversions, and continuing to monitor and adjust strategies to achieve energy savings goals. PUBLIC WORKS >> MOBILITY 8. Expand Evening Bus Service in the Town Core: Ridership and the number of stops in town have been increasing since 2020. The increases cause numerous delays with the Night Rider evening bus service. Based on the demand, the Blue and Red Line routes will expand to operate from 6:30 am-10:00 pm, alleviating delays and missed loops while keeping the desired 30-minute service times. 9. Future Level of Service/ Route Expansion Planning: New development in the Town of Avon will continue to stress current transit routes. Planning and envisioning new alternatives is becoming increasingly necessary. Staff will examine recent trends and study ways to continue our current level of service. 10. Pursue a Summer Micro Transit Pilot Program for Avon: Micro transit solutions are improving rider’s experience by offering small-scale, on-demand public transit services. Adding a micro transit (on demand) service to Avon’s current fixed routes and schedules will enhance our service and extend the reach of transit in town. Staff will research private partners that offer a turnkey program and will implement a 3-month pilot program during the summer of 2024. The expected budget for the program is $200,000. Need to discuss costs, grant funding and budget. Expanding existing service is first priority. 2024 Department Goals For Approval in February 2024 Page 10 of 10 PUBLIC WORKS >> OPERATIONS 11. Redesign Irrigation System: The Town of Avon secured a $60K grant from the Colorado Water Conservation Board (CSCB) to redesign the entire irrigation system. Avon’s irrigation system is antiquated. An Audit was conducted in 2022 and it recommended the entire system be replaced. The Audit found significant system-wide leakage, undersized mains, and failed controls for all zones where staff has to manually set at the control nodes. 970-748-4013 idejong@avon.org TO: Honorable Mayor Phillips and Council members FROM: Ineke de Jong, Chief Administrative Officer RE: Letter of support for 2024 RAISE discretionary grant program DATE: February 21, 2024 SUMMARY: The Town of Eagle is applying for the 2024 Rebuilding American Infrastructure with Sustainability and Equity (“RAISE”) discretionary grant program and have asked Avon to consider providing a letter of support. DISCUSSION: The Grand Avenue Multimodal Corridor Plan is a transformational public project that aims to improve multimodal mobility across the Town, establish a strong sense of place and identity, and create interconnectivity between the major destinations within walking distance of the downtown commercial core. The project will reconstruct Grand Avenue (previously known as US 6) into a Complete Street. The project will improve safety and mobility for all users by adding a bikeway and sidewalk and enhancing the connections to the existing transit stops at 5th Street and Sylvan Lake Road. It will also improve the corridor's safety, mobility, and congestion by consolidating access points and adding travel lanes and roundabouts at the major intersections. The outcome of these improvements will encourage economic growth and redevelopment to revitalize the Town's economy and allow the corridor to continue supporting Eagle County's economy by supporting workforce commuters, connecting I-70 to Eagle County Airport, and providing an alternative route for I-70. The comprehensive Grand Avenue Multimodal Project is projected to cost $65 million, as delineated. The Town of Eagle is steadfast in its commitment to securing the $25 million RAISE grant and will allocate an additional $6 million from its budget to fulfill the required 20% match. A further description of the project and it’s improvements and estimated cost can be found in Attachment A. The RAISE grant application deadline is swiftly approaching on Wednesday February 28 (the day after the Council meeting). The proposed letter of support can be reviewed in Attachment B. PROPOSED MOTION: “I move to authorize the Mayor to sign the Letter of Support for the Town of Eagle’s submission for an implementation grant under the FY 2024 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) discretionary grant program as seen in Attachment B.” Thank you, Ineke ATTACHMENT A: 2024 Grand Avenue Multimodal Corridor Plan Overview ATTACHMENT B: Letter of Support to submit for RAISE grant program 2024 – Grand Avenue Multi-modal Corridor 2024 – Grand Avenue Multimodal Corridor The Grand Avenue Multimodal Corridor Plan is a transformational public project that aims to improve multimodal mobility across the Town, establish a strong sense of place and identity, and create interconnectivity between the major destinations within walking distance of the downtown commercial core. The project will reconstruct Grand Avenue (previously known as US 6) into a Complete Street. The project will improve safety and mobility for all users by adding a bikeway and sidewalk and enhancing the connections to the existing transit stops at 5th Street and Sylvan Lake Road. It will also improve the corridor's safety, mobility, and congestion by consolidating access points and adding travel lanes and roundabouts at the major intersections. The outcome of these improvements will encourage economic growth and redevelopment to revitalize the Town's economy and allow the corridor to continue supporting Eagle County's economy by supporting workforce commuters, connecting I-70 to Eagle County Airport, and providing an alternative route for I-70. Vision & Purpose: •Provide multimodal mobility throughout the corridor. •Improve safety for all users. •Reduce traffic congestion. •Promote environmental sustainability and NZ-2030. •Foster economic growth. •Desire to increase a sense of place. •Improve aesthetics. •Enhance the quality of life. Guiding Principles: •Improve multimodal mobility of Grand Avenue: Promote a context-sensitive design approach to enable safe, convenient, and accessible connections for people of all ages, abilities, incomes, and backgrounds using all travel options. •Better connect and prepare Eagle for growth: Coordinate transportation with land use for anticipated growth so that Grand Avenue serves as a gateway to businesses, manages vehicle traffic, improves pedestrian and bicycle access, and connects people locally and regionally to key destinations, including the riverfront and downtown. •Promote sustainable solutions: Embrace best practices in green infrastructure design and sustainable materials to address climate change and protect Eagle's natural environment. •Support existing and future business: Honor the unique character of the corridor while improving economic well-being through attractive and appropriate development, public-private partnerships, and strategies to help existing businesses, including access management. •Celebrate diversity: Create an inclusive, welcoming, and safe environment for all through public engagement, design delivery, and investments that promote equity throughout the corridor. ATTACHMENT A 2024 – Grand Avenue Multi-modal Corridor • Stewardship of Place: Improve the corridor's sense of place and identity through aesthetics, art, placemaking, and urban design that celebrate Eagle and support the image and public life of the street. • Invest wisely: Apply an incremental (phased) and financially feasible approach to implementation that honors past plans and the community's vision for the corridor. The Grand Avenue complete streets 2024 – Grand Avenue Multi-modal Corridor The comprehensive Grand Avenue Multimodal Project is projected to cost $65 million, as delineated. The Town of Eagle is steadfast in its commitment to securing the $25 million RAISE grant and will allocate an additional $6 million from its budget to fulfill the required 20% match. Our strategic approach involves phasing the project into two stages. As illustrated below, phase I encompasses the segment from the Eby Creek roundabout west to the 5th Avenue intersection. In pursuit of the Federal RAISE grant totaling $25 million, the Town will contribute $6 million for the mandatory 20% match. Our application is scheduled for submission by February 28, 2024. Phase II will involve continued efforts to obtain grants, engage regional funding partners, and explore bonding options to cover some project costs. 2024 – Grand Avenue Multi-modal Corridor Post Office Box 975 100 Mikaela Way Avon, CO 81620 February 27, 2024 The Honorable Pete Buttigieg Secretary of Transportation U.S. Department of Transportation 1200 New Jersey Ave, SE Washington, DC 20590 Dear Secretary Buttigieg, Please consider this letter expressing our support for the Town of Eagle's submission for an implementation grant under the FY 2024 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) discretionary grant program. Eagle has diligently identified and addressed critical needs within its transportation network, culminating in the comprehensive Grand Avenue Multimodal Reconstruction Project. This initiative encompasses intersection enhancements, infrastructure improvements to accommodate pedestrians and bicycles, addresses safety improvements and road widening along Grand Avenue, a pivotal thoroughfare connecting local communities and serving as a crucial alternative to the adjacent I-70. The imminent challenges facing the current stretch of Grand Avenue, approaching its traffic capacity and lacking essential multimodal facilities, are exacerbated by the proximity of Eagle County Airport and traffic influx from I-70. The Grand Avenue Multimodal Corridor Project is vital to the Eagle Valley Transit Authority's multimodal transit system. As a crucial link to the I-70 arterial, it ensures seamless transportation to and from Eagle County Airport and provides vital access to economic job centers in Vail, Avon, and Beaver Creek Ski Resorts. Given the integral role of these entities in the global economics of Eagle County and the State of Colorado, the enhancement of the Grand Avenue Multimodal Corridor is imperative to support the daily commute of the workforce and guest visitors to the world-famous Vail and Beaver Creek Ski Resorts. Beyond its local impact, this project holds regional significance by substantially improving multimodal transportation. The documented need for this project within the Town of Eagle, spanning several years, underscores its importance and relevance. We firmly believe that the RAISE grant will be pivotal in advancing this crucial infrastructure project, benefiting the town of Eagle and contributing significantly to the broader region and state of Colorado. Your thoughtful consideration and approval of this application would be instrumental in realizing these essential improvements. Thank you for your attention to this matter, and we remain optimistic about the positive impact the Grand Avenue Multimodal Reconstruction Project can have on our local and regional communities. Sincerely, Amy Phillips, Mayor Town of Avon ATTACHMENT B 970-748-4004 eric@avon.org TO: Honorable Mayor Phillips and Council members FROM: Eric Heil, Town Manager RE: Resolution 24-07 Supporting Passage of the Bolts Ditch Act DATE: February 21, 2024 SUMMARY: The Eagle River Water & Sanitation District has asked Avon to consider passing a resolution to support passage of the Bolts Ditch Act. More information on the importance of passing this act can be found in the memorandum from Siri Roman, included as Attachment A. The resolution can be reviewed in Attachment B. PROPOSED MOTION: “I move to approve Resolution 24-07 Supporting Passage of the Bolts Ditch Act.” Thank you, Eric ATTACHMENT A: Memorandum from Siri Roman, General Manager ERWSD Dated Jan 31, 2024 ATTACHMENT B: Resolution 24-07 Supporting Passage of the Bolts Ditch Act M E M O R A N D U M TO: Avon Town Council FROM: Siri Roman, General Manager DATE: January 31, 2024 RE: Resolution supporting passage of the Bolts Ditch Act Thank you for your consideration of a Resolution supporting passage of the Bolts Ditch Act. On behalf of the 50,000 local customers of the Eagle River Water & Sanitation District and the Upper Eagle Regional Water Authority, we appreciate your support. The Bolts Ditch Act was introduced on June 22, 2023, in the U.S. House of Representatives by Rep. Joe Neguse (H.R.4297) and the U.S. Senate by Sen. Michael Bennet (S.2156). This legislation would amend the John D. Dingell, Jr. Conservation, Management, and Recreation Act (“Dingell Act”) to authorize the District and Authority to conduct maintenance work on Bolts Ditch and the Bolts Ditch Headgate within the Holy Cross Wilderness. As the Town Council is aware, the District and Authority purchased the Bolts Lake property in Minturn to construct and operate a 1,200 acre-foot water storage reservoir. Bolts Lake Reservoir will be critical to provide sustainable water supplies for our region. In turn, Bolts Ditch will be an essential filling source for this new reservoir. When the Holy Cross Wilderness was originally designated in 1980, Bolts Ditch was mistakenly included within the wilderness boundary. While the Bolts Ditch diversion structure is only 450 feet within the Holy Cross boundary, the wilderness designation prevented the continued use, maintenance, and repair by any entity. In 2019, the Town of Minturn sought a narrow wilderness exemption to rehabilitate Bolts Ditch as part of its municipal water system. A provision was included in the Dingell Act directing the Secretary of Agriculture to issue a special use authorization to the town of Minturn for non-motorized access and use for the purposes of the diversion of water and use, maintenance, and repair of Bolts Ditch and the Bolts Ditch headgate. The District, Authority, and Minturn are collectively seeking to expand the Act to include the District and Authority as additional governmental entities that may also use, maintain, and repair the Bolts Ditch and its headgate. The Bolts Ditch Act is a simple amendment to the Dingell Act explicitly granting the District and Authority the same access as the Town of Minturn. The passage of the Bolts Ditch Act will make the redevelopment of Bolts Lake, and all its benefits, possible. Thank you for your consideration of this Resolution supporting passage of the Bolts Ditch Act. ATTACHMENT A Resolution 24-07 Supporting Passage of the Bolts Ditch Act February 27, 2024 Page 1 of 1 RESOLUTION 24-07 SUPPORTING PASSAGE OF THE BOLTS DITCH ACT WHEREAS, Town of Avon receives water and sanitation services from the Eagle River Water & Sanitation District (the “District”) and the Upper Eagle Regional Water Authority (the “Authority”); and WHEREAS, the District and Authority are adjudicating water rights and have purchased land in order to construct and operate a 1,200 acre-foot water storage reservoir called Bolts Lake; and WHEREAS, once constructed, Bolts Lake will provide sustainable in-basin water supplies for the region, as well as additional recreational opportunities to support the western slope’s recreation-based economy; and WHEREAS, Bolts Ditch is an essential filling source for Bolts Lake; and WHEREAS, Section 1101 of Public Law 116-9, the John D. Dingell, Jr. Conservation, Management, and Recreation Act, allows Bolts Ditch to be operated within the Holy Cross Wilderness area for diversion of water and use, maintenance, and repair of the Bolts Ditch and headgate, but restricts use, maintenance, and repair authority exclusively to the Town of Minturn; and WHEREAS, the District, Authority, and the Town of Minturn are collectively seeking to expand Public Law 116-9 to include the District and Authority as additional governmental entities that may also use, maintain, and repair Bolts Ditch and its headgate; and WHEREAS, the Bolts Ditch Act, introduced on June 22, 2023, in the U.S. House of Representatives by Rep. Joe Neguse (H.R.4297) and the U.S. Senate by Sen. Michael Bennet (S.2156), seeks to authorize the District and Authority to be eligible to complete the maintenance work on Bolts Ditch and its headgate within the Holy Cross Wilderness, Colorado. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town Council hereby supports the immediate passage of the Bolts Ditch Act as introduced to facilitate the construction and operation of Bolts Lake by the District and Authority. ADOPTED February 27, 2024 by the AVON TOWN COUNCIL By: Attest:___________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT B 970-748-4134 jhorsley@avon.org TO: Honorable Mayor Phillips and Council Members FROM: Jim Horsley, Project Engineer RE: Resolution No. 24-06, Approving Conveyance of Utility Easement to UERWA for the Wildridge Booster Pump Station #1 Improvements Project DATE: February 6, 2024 SUMMARY: Resolution No. 24-06 Approving Conveyance of a Utility Easement to UERWA is presented to Council for consideration. Resolution No. 24-06 will grant a utility easement to the Upper Eagle River Water Authority (“UERWA”) to accommodate critical water infrastructure related to the Wildridge Booster Pump Station #1 Improvements Project on Metcalf Road situated on a portion of Tract M, Wildridge Subdivision. UERWA presented its standard form for the Utility Easement, which has been reviewed by the Town Attorney and found to be acceptable. DISCUSSION: The attached easement agreement allows UERWA the right of access to property to construct improvements, repair and maintain underground and aboveground water facilities. Improvements include a gravel access driveway on the northerly parcel and reconfigured piping within the southerly parcel. RECOMMENDATION: Staff recommends Council approve Resolution No. 24-06 granting an easement to UERWA, which is the appropriate local governmental entity to own and assume responsibility for water infrastructure. PROPOSED MOTION: “I move to approve Resolution No. 24-06, Approving Conveyance of a Utility Easement to UERWA” Thank you, Jim ATTACHMENTS: Attachment A: Resolution No. 24-06 Exhibit A: UERWA Easement Form ATTACHMENT A RESOLUTION 24-06 TOWN OF AVON APPROVING THE CONVEYANCE OF A UTILITY EASEMENT TO THE UPPER EAGLE RIVER WATER AUTHORITY WHEREAS, the Avon Town Council desires to grant to the Upper Eagle River Water Authority (the “Authority”); an easement over a portion of Tract M, Wildridge Subdivision, for the purpose of allowing the Authority to construct, install, remove, replace, add to, maintain, repair, operate; and WHEREAS, the Town Council is authorized to grant easements over real property pursuant to Colorado Revised Statutes section 31-15-101(1)(d); and WHEREAS, the Town Council finds that conveyance of a utility easement to the Authority will promote the efficient operation and maintenance of water infrastructure serving the Town’s property. THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town Council hereby approves the grant of the easement to the Authority pursuant to the form of the Easement attached hereto as Exhibit A. ADOPTED FEBRUARY 27, 2024 by the AVON TOWN COUNCIL By:_______________________________ Attest:___________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva , Town Clerk {00594772.DOCX / } EXHIBIT A UTILITY EASEMENT THIS UTILITY EASEMENT is made this 27th day of February, 2024, by and between TOWN OF AVON (hereinafter referred to as “Grantor”), successors and assigns, and UPPER EAGLE REGIONALWATER AUTHORITY, a quasi- municipal corporation of the State of Colorado within the County of EAGLE, (hereinafter referred to as “Authority”). WITNESSETH: That for and in consideration of the sum of Zero Dollars ($0.00) and other good and valuable consideration paid by Authority to Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey unto the Authority, its successors and assigns, a perpetual easement (“Easement”) ranging from 50-feet to 75- feet wide and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter all underground water lines and all underground and surface equipment and appurtenances, together with any and all equipment situate therein, all necessary rights- of-way for convenient ingress and egress thereto and therefrom, and the right to occupy and use, from time to time, as much of the adjoining land of the Grantor as may be reasonably necessary for any of the aforesaid purposes, over, under and across the following described premises, situate in the County of EAGLE, State of Colorado, to wit: See EXHIBIT “A” attached hereto and incorporated herein by reference. Grantor warrants that the Grantor has the lawful right to grant such Easement, rights-of-way, and water lines and that the Grantor, and any successors and assigns, will, at no time, permit any building or other permanent improvement to be hereafter constructed within such easement. Following the completion of the purpose of any entry by the Authority upon such Easement for any of the aforesaid objects, the Authority shall restore the premises to substantially the same condition existing at the time of the entry thereon, except for trees, shrubs, plants, sidewalks, driveways or parking areas thereon located or damaged thereby. All provisions of the Easement, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, subject to the provisions hereof. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. {00594772.DOCX / } ACCEPTED by the Town of Avon on this______day of , 2024. STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing Easement was acknowledged before me this day of , 20 by as of TOWN OF AVON, a Colorado MUNICIPALITY. My commission expires: Notary Public GRANTOR: TOWN OF AVON ________________________________ {00594772.DOCX / } 3 ACCEPTED by the Upper Eagle Regional Water Authority this day of , 2024. Upper Eagle Regional Water Authority By Siri Roman, General Manager STATE OF COLORADO ) )ss. COUNTY OF ) Acknowledged before me this day of , 20 by as of . Witness my hand and official seal. My commission expires: {00594772.DOCX / } 4 Exhibit A Legal Description Easement Depiction 970-748-4134 jhorsley@avon.org TO: Honorable Mayor Amy Phillips and Council Members FROM: Jim Horsley, Project Engineer Eric Heil, Town Manager RE: Professional Service Agreement with Zehren and Associates Harry A. Nottingham Park - East Park Improvements DATE: February 22, 2024 SUMMARY: This report presents for Council consideration the Professional Service Agreement (“PSA”) for Professional Design Services for the Harry A. Nottingham Park - East Park Improvements with Zehren and Associates, Inc. The attached PSA (“Attachment A”) includes preparation of Design Development and Construction Documents, Cost Estimating and assistance with the Bid Process. Zehren and Associates, Inc. is recommended by staff because they have assisted with prior iterations of the project and prepared the updated conceptual and schematic design documents. DISCUSSION: In 2023, the Town retained Zehren and Associates, Inc. to develop updated concepts for the site, solicit public feedback, and present them to Town Council for review and comment. On November 15, 2023, Council reviewed and approved the updated site program which includes modular restrooms within a re-envisioned plaza area, retaining walls, and a skate plaza. A written report detailing progress and 50% Design Development will be provided in March prior to completion of Construction Documents. SCHEDULE: Upon execution of the PSA, Zehren and Associates will prepare Design Development Documents and an estimate of probable cost with final Construction Documents by April 15, 2024. The project will be bid out in April and the Notice of Award for construction presented to Council at the June 11, 2024 meeting. Construction can start on July 5, 2024 and be completed in 2025. The west parking lot will remain open to accommodate the summer event season. PROJECT FUNDING: There is currently $2,490,418 in the Capital Projects Fund for the project. Additional project funding includes a Department of Local Affairs (“DOLA”) Grant in the amount of $1,000,000. The Avon Skate Coalition has applied for a Colorado Health Foundation Grant to fund design and construction of the skate plaza. SCOPE OF SERVICES: Services are detailed in Exhibit A to the PSA, and generally include the following: Task 1 Project Management and Administration Task 2 Design Development and Construction Documents Task 3 Modular Bathrooms Solicitation Process Task 4 Pre-Construction Services Task 5 Bid Process Support Page 2 of 2 The documents will include the following:  Site Plan  Layout and Materials Plan  Grading and Drainage Plan  Landscape Plan  Irrigation Plan  Utilities and Infrastructure Plan  Demolition Plan  Architectural Plans & Details  Structural Plans & Details  Electrical and Power Plan  MEP Plans and Details The proposed fee structure is on a Time and Materials - Not to Exceed $196,500 basis, with allowances for each discipline subconsultant. Zehren and Associates proposes no mark-up on subconsultant fees. The Town will seek reimbursement from the Avon Skate Coalition for design development expenses related to the skate plaza when those funds become available. RECOMMENDATION: Staff requests Council approve the Professional Services Agreements with Zehren and Associates to complete Professional Design Services for the Harry A. Nottingham Park – East Park Improvements Project in the amount of $196,500. PROPOSED MOTION: “I move to approve the Professional Services Agreements with Zehren and Associates to complete Professional Design Services for the Harry A. Nottingham Park – East Park Improvements Project in the amount of $196,500.” Thank you, Jim and Eric ATTACHMENT A: Professional Service Agreement for Zehren and Associates, Inc. 2023 FORM: Avon Professional Service Agreement Zehren and Associates, Inc. 02-28-2024 Page 1 of 16 2024 Professional Service Agreement For Professional Design Services (Harry A. Nottingham Park – East Park Improvements) THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) dated as of February 28, 2024 is entered into by and between Zehren and Associates, Inc, a corporation of the State of Colorado, whose business address is PO Box 1976 Avon, CO 81620, (“Contractor”) and the Town of Avon, Colorado, a home rule municipality of the State of Colorado (“Town” and, together with the Contractor, “Parties”). RECITALS AND REPRESENTATIONS WHEREAS, the Town desires to have performed certain professional services as described in this Agreement; and WHEREAS, the Contractor represents that the Contractor has the skill, ability, and expertise to perform the services described in this Agreement and within the deadlines provided by the Agreement; and WHEREAS, the Town desires to engage the Contractor to provide the services described in this Agreement subject to the terms and conditions of the Agreement. NOW, THEREFORE, in consideration of the benefits and obligations of this Agreement, the Parties mutually agree as follows: 1. SERVICES AND CONTRACTOR PERFORMANCE 1.1. Services and Work Product. As directed by and under the supervision of the Town Manager for the Town of Avon, the Contractor shall provide the Town with the services described in Exhibit A, attached hereto and incorporated herein (“Services”). For purposes of this Agreement, “Work Product” shall consist of deliverables and/or product to be created, provided, or otherwise tendered to the Town as described in the Services. 1.2. Changes to Services. At any time, the Town may request a change or changes in the Services. Any changes that are mutually agreed upon between the Town and the Contractor shall be made in writing and upon execution by both Parties shall become an amendment to the Services described in this Agreement. To be effective, any written change must be signed by the Contractor and by the Avon Town Council (“Town Council”). 2023 FORM: Avon Professional Service Agreement Zehren and Associates, Inc. 02-28-2024 Page 2 of 16 1.3. Independent Contractor. The Contractor shall perform the Services as an independent contractor and shall not be deemed by virtue of this Agreement to have entered into any partnership, joint venture, employer/employee, or other relationship with the Town other than as a contracting party and independent contractor. The Town shall not be obligated to secure, and shall not provide, any insurance coverage or employment benefits of any kind or type to or for the Contractor or the Contractor’s employees, sub-consultants, contractors, agents, or representatives, including coverage or benefits related but not limited to: local, state, or federal income or other tax contributions; insurance contributions (e.g., FICA); workers’ compensation; disability, injury, or health; professional liability insurance, errors, and omissions insurance; or retirement account contributions. 1.4. Standard of Performance. In performing the Services, the Contractor shall use that degree of care, skill, and professionalism ordinarily exercised under similar circumstances by members of the same profession practicing in the State of Colorado. Contractor represents to the Town that the Contractor is, and its employees performing such Services are, properly licensed and/or registered within the State of Colorado for the performance of the Services (if licensure and/or registration is required by applicable law) and that the Contractor and employees possess the skills, knowledge, and abilities to competently, timely, and professionally perform the Services in accordance with this Agreement. 1.5. Patent Indemnification. Contractor shall indemnify, defend and hold Town harmless from any and all claims, demands, and causes of action (including reasonable attorneys’ fees and costs of suit) for actual or asserted infringement or actual or asserted appropriation or use by Town of trade secrets, proprietary information, know-how, copyright rights, or patented inventions included in any design or specification furnished by Contractor or arising from the use or sale of materials, equipment, methods, processes, designs, and information, furnished by Contractor in connection with the Services. Contractor shall include the foregoing indemnification provision as a term of each agreement utilized by it in the performance of its work which shall extend expressly from the vendor or subcontractor to Town. 1.6. Safety. When and to the extent that Contractor or any of its employees, agents, or subcontractors are working under the terms of this Agreement, Contractor will comply, and cause all its employees, agents, and subcontractors to comply, with applicable safety rules and security requirements. 1.7. Qualified Personnel. Contractor will make available all qualified Contractors, drafters, technical and clerical personnel necessary to fulfill its obligations under this Agreement. Prior to commencement of work, Contractor will provide Town with the names of all Contractor personnel and their then current hourly rates, if applicable, whose services are to be employed in performance of the Services. Removal or re- assignment of personnel by Contractor will only be done with prior written approval of Town. 1.8. Removal of Personnel by Town. Town may, in its discretion, require Contractor to dismiss from performance of the Services any personnel of Contractor or any subcontractor for any reason, effective upon written notice from Town of such dismissal. Town will not be required to pay salary, or any other costs associated with dismissed personnel effective upon Contractor’s receipt of notice to dismiss from Town. 1.9. Representations and Warranties. Contractor represents and warrants that the Services will be performed in a manner consistent with other reasonable professionals providing similar services under similar circumstances. Contractor will complete the Services in accordance with the Agreement and 2023 FORM: Avon Professional Service Agreement Zehren and Associates, Inc. 02-28-2024 Page 3 of 16 applicable United States laws, regulations, ordinances, and codes in existence at the time the Agreement is executed. 1.10. Maintenance of and Access to Records. Contractor will maintain detailed records of all matters relating to the Services during the term of the Agreement and for a period after its cancellation or termination of not less than five (5) years. Town will have the right to copy and audit during regular business hours all records of any kind which in any way related to the Services, whether created before, during, or after the termination of this Agreement. Access to such records will be provided to Town at no cost. 1.11. Colorado Open Records Act. The parties understand that all material provided or produced under this Agreement may be subject to the Colorado Open Records Act, § 24-72-201, et seq., C.R.S. In the event of the filing of a lawsuit to compel such disclosure, the Town shall inform the Contractor and will tender all such material to the court for judicial determination of the issue of disclosure and the Contractor agrees to intervene in such lawsuit to protect and assert its claims of privilege and against disclosure of such material or waive the same. 1.12. Disclosure of Adverse Information. Contractor will promptly disclose to Town any and all information which Contractor may learn, or which may have a material adverse impact on the Services or the Work Product or Town’s ability to utilize the Work Product in the manner and for the purpose for which the Work Product is intended. 2. COMPENSATION 2.1. Commencement of and Compensation for Services. Following execution of this Agreement by the Town, the Contractor shall be authorized to commence performance of the Services as described in Exhibit A subject to the requirements and limitations on compensation as provided by this Section 2.0 COMPENSATION and its Sub-Sections. A. Time and Materials Contract – Not to Exceed Amount. The Contractor shall perform the Services and shall invoice the Town for work performed based on the rates and/or compensation methodology described in Exhibit B. Total compensation (including all Reimbursable Expenses as defined herein) shall not exceed One Hundred Ninety Six Thousand Five Hundred Dollars ($196,500.00). B. Reimbursable Expenses. The following shall be considered “Reimbursable Expenses” for purposes of this Agreement and may be billed to the Town without administrative mark-up but which must be accounted for by the Contractor and proof of payment shall be provided by the Contractor with the Contractor’s monthly invoices:  Vehicle Mileage (billed at not more than the prevailing per-mile charge permitted by the Internal Revenue Service as a deductible business expense)  Printing and Photocopying Related to the Services  Charges incidental to securing needed information (e.g., charges imposed to obtain recorded documents)  Postage and Delivery Services 2023 FORM: Avon Professional Service Agreement Zehren and Associates, Inc. 02-28-2024 Page 4 of 16  Lodging and Meals (only with prior written approval of the Town as to dates and maximum amount permitted). C. Non-reimbursable Costs, Charges, Fees, or Other Expenses. Any fee, cost, charge, penalty, or expense incurred by the Contractor not otherwise specifically authorized by this Agreement shall be deemed a non-reimbursable cost and shall be borne by the Contractor and shall not be billed or invoiced to the Town and shall not be paid by the Town. D. Increases in Compensation or Reimbursable Expenses. Any increases or modification of compensation or Reimbursable Expenses shall be subject to the approval of the Town and shall be made only by written amendment of this Agreement executed by both Parties. 2.2. Payment Processing. The Contractor shall submit invoices and requests for payment in a form acceptable to the Town. Invoices shall not be submitted more often than once each month unless otherwise approved by this Agreement or in writing by the Town. Unless otherwise directed or accepted by the Town, all invoices shall contain sufficient information to account for all Contractor time (or other appropriate measure(s) of work effort) and all authorized Reimbursable Expenses for the Services during the stated period of the invoice. Following receipt of a Contractor’s invoice, the Town shall promptly review the Contractor’s invoice. 2.3. Town Dispute of Invoice or Invoiced Item(s). The Town may dispute any Contractor time, Reimbursable Expense, and/or compensation requested by the Contractor described in any invoice and may request additional information from the Contractor substantiating any and all compensation sought by the Contractor before accepting the invoice. When additional information is requested by the Town, the Town shall advise the Contractor in writing, identifying the specific item(s) that are in dispute and giving specific reasons for any request for information. The Town shall pay the Contractor within forty-five (45) days of the receipt of an invoice for any undisputed charges or, if the Town disputes an item or invoice and additional information is requested, within thirty (30) days of acceptance of the item or invoice by the Town following receipt of the information requested and resolution of the dispute. To the extent possible, undisputed charges within the same invoice as disputed charges shall be timely paid in accordance with this Agreement. Payment by the Town shall be deemed made and completed upon hand delivery to the Contractor or designee of the Contractor or upon deposit of such payment or notice in the U.S. Mail, postage prepaid, addressed to the Contractor. 3. CONTRACTOR’S GENERAL RESPONSIBILITIES 3.1. The Contractor shall become fully acquainted with the available information related to the Services. The Contractor is obligated to affirmatively request from the Town such information that the Contractor, based on the Contractor’s professional experience, should reasonably expect is available and which would be relevant to the performance of the Services. 3.2. The Contractor shall perform the Services in accordance with this Agreement and shall promptly inform the Town concerning ambiguities and uncertainties related to the Contractor’s performance that are not addressed by the Agreement. 3.3. The Contractor shall provide all the Services in a timely and professional manner. 2023 FORM: Avon Professional Service Agreement Zehren and Associates, Inc. 02-28-2024 Page 5 of 16 3.4. The Contractor shall promptly comply with any written Town request from the Town or any of the Town’s duly authorized representatives to reasonably access and review any books, documents, papers, and records of the Contractor that are pertinent to the Contractor’s performance under this Agreement for the purpose of the Town performing an audit, examination, or other review of the Services. 3.5. The Contractor shall comply with all applicable federal, state, and local laws, ordinances, regulations, and resolutions. 3.6. The Contractor shall be responsible at the Contractor’s expense for obtaining, and maintaining in a valid and effective status, all licenses and permits necessary to perform the Services unless specifically stated otherwise in this Agreement. 4. TERM AND TERMINATION 4.1. Term. The provision of services under this Agreement shall commence on February 28, 2024 (the “Effective Date”) and will terminate on December 31, 2024 (cumulatively, the “Term”); provided, however, under no circumstances will the Term exceed the end of the current Town Fiscal year (January 1 – December 31). The Contractor understands and agrees that the Town has no obligation to extend this Agreement’s Term or contract for the provision of any future services and makes no warranties or representations otherwise. Notwithstanding the foregoing, the Parties may mutually agree in writing to the monthly extension of this Agreement for up to twelve (12) consecutive calendar months if such extension is approved by the Town Council and the Contractor and such extension do not alter or amend any of the terms or provisions of this Agreement. 4.2. Continuing Services Required. The Contractor shall perform the Services in accordance with this Agreement commencing on the Effective Date until such Services are terminated or suspended in accordance with this Agreement. The Contractor shall not temporarily delay, postpone, or suspend the performance of the Services without the written consent of the Town Council. 4.3. Town Unilateral Termination. This Agreement may be terminated by the Town for any or no reason upon written notice delivered to the Contractor at least ten (10) days prior to termination. In the event of the Town’s exercise of the right of unilateral termination as provided by this paragraph: A. Unless otherwise provided in any notice of termination, the Contractor shall provide no further services in connection with this Agreement after receipt of a notice of termination; and B. All finished or unfinished documents, data, studies, and reports prepared by the Contractor pursuant to this Agreement shall be delivered by the Contractor to the Town and shall become the property of the Town; and C. The Contractor shall submit to the Town a final accounting and final invoice of charges for all outstanding and unpaid Services and Reimbursable Expenses performed prior to the Contractor’s receipt of notice of termination and for any services authorized to be performed by the notice of termination as provided by Sub-Section 4.3(A) above. Such final accounting and final invoice shall be delivered to the Town within thirty (30) days of the date of termination; thereafter, no other 2023 FORM: Avon Professional Service Agreement Zehren and Associates, Inc. 02-28-2024 Page 6 of 16 invoice, bill, or other form of statement of charges owing to the Contractor shall be submitted to or accepted by the Town. 4.4. Termination for Non-Performance. Should a party to this Agreement fail to materially perform in accordance with the terms and conditions of this Agreement, this Agreement may be terminated by the performing party if the performing party first provides written notice to the non-performing party which notice shall specify the non-performance, provide both a demand to cure the non-performance and reasonable time to cure the non-performance and state a date upon which the Agreement shall be terminated if there is a failure to timely cure the non-performance. For purposes of this Sub-Section 4.4, “reasonable time” shall be not less than five (5) business days. In the event of a failure to timely cure a non-performance and upon the date of the resulting termination for non-performance, the Contractor shall prepare a final accounting and final invoice of charges for all performed but unpaid Services and authorized Reimbursable Expenses. Such final accounting and final invoice shall be delivered to the Town within fifteen (15) days of the date of termination; thereafter, no other invoice, bill, or other form of statement of charges owing to the Contractor shall be submitted to or accepted by the Town. Provided that notice of non-performance is provided in accordance with this Sub-Section 4.4, nothing in this Sub-Section 4.4 shall prevent, preclude, or limit any claim or action for default or breach of contract resulting from non-performance by a Party. 4.5. Unilateral Suspension of Services. The Town may suspend the Contractor’s performance of the Services at the Town's discretion and for any reason by delivery of written notice of suspension to the Contractor which notice shall state a specific date of suspension. Upon receipt of such notice of suspension, the Contractor shall immediately cease performance of the Services on the date of suspension except: (1) as may be specifically authorized by the notice of suspension (e.g., to secure the work area from damage due to weather or to complete a specific report or study); (2) for the submission of an invoice for Services performed prior to the date of suspension in accordance with this Agreement or (3) as required by law. 4.6. Reinstatement of Services Following Town’s Unilateral Suspension. The Town may at its discretion direct the Contractor to continue performance of the Services following suspension. If such direction by the Town is made within thirty (30) days of the date of suspension, the Contractor shall recommence performance of the Services in accordance with this Agreement. If such direction to recommence suspended Services is made more than thirty-one (31) days following the date of suspension, the Contractor may elect to: (1) provide written notice to the Town that such suspension is considered a unilateral termination of this Agreement pursuant to Sub-Section 4.3; or (2) recommence performance in accordance with this Agreement; or (3) if suspension exceeded sixty (60) consecutive days, request from the Town an equitable adjustment in compensation or a reasonable re-start fee and, if such request is rejected by the Town, to provide written notice to the Town that such suspension and rejection of additional compensation is considered a unilateral termination of this Agreement pursuant to Sub-Section 4.3. Nothing in this Agreement shall preclude the Parties from executing a written amendment or agreement to suspend the Services upon terms and conditions mutually acceptable to the Parties for any period of time. 4.7. Delivery of Notice of Termination. Any notice of termination permitted by this Section 4.0 TERM AND TERMINATION and its subsections shall be addressed to the persons identified in Section 9.17 herein and at the addresses provided therein or such other address as either party may notify the other of and shall be deemed given upon delivery if personally delivered, or forty-eight (48) hours after deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested. 2023 FORM: Avon Professional Service Agreement Zehren and Associates, Inc. 02-28-2024 Page 7 of 16 5. INSURANCE 5.1. Insurance Generally. The Contractor shall obtain and shall continuously maintain during the Term of this Agreement insurance of the kind and in the minimum amounts specified in this Sub-Section 5.1. The Required Insurance shall be procured and maintained with insurers with an A- or better rating as determined by Best’s Key Rating Guide. All Required Insurance shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor. The Contractor shall secure and maintain the following (“Required Insurance”): A. Worker’s Compensation Insurance in the minimum amount required by applicable law for all employees and other persons as may be required by law. Such policy of insurance, if any, shall be endorsed to include the Town as a Certificate Holder. B. Comprehensive General Liability insurance with minimum combined single limits of One Million Dollars ($1,000,000.00) Dollars for each occurrence and of Two Million Dollars ($2,000,000.00) aggregate. The policy shall be applicable to all premises and all operations of the Contractor. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. Coverage shall be provided on an “occurrence” basis as opposed to a “claims made” basis. Such insurance shall be endorsed to name the Town as Certificate Holder and name the Town, and its elected officials, officers, employees, and agents as additional insured parties. C. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury of not less than of One Hundred Thousand Dollars ($100,000.00) each person and each accident and for property damage of not less than Fifty Thousand Dollars ($50,000.00) each accident with respect to each of the Contractor’s owned, hired and non-owned vehicles assigned to or used in performance of the Services. The policy shall contain a severability of interests provision. Such insurance coverage must extend to all levels of subcontractors. Such coverage must include all automotive equipment used in the performance of the Agreement, both on the work site and off the work site, and such coverage shall include non-ownership and hired cars coverage. Such insurance shall be endorsed to name the Town as Certificate Holder and name the Town, and its elected officials, officers, employees and agents as additional insured parties. D. Professional Liability (errors and omissions) Insurance with a minimum limit of coverage of One Million Dollars ($1,000,000.00) per claim and annual aggregate. Such policy of insurance shall be obtained and maintained for one (1) year following completion of all Services under this Agreement. Such policy of insurance shall be endorsed to include the Town as a Certificate Holder. 5.2. Additional Requirements for All Policies. In addition to specific requirements imposed on insurance by this Section 5.0 INSURANCE and its subsections, insurance shall conform to all of the following: A. For Required Insurance and any other insurance carried by Contractor (“Contractor Insurance”), all policies of insurance shall be primary insurance, and any insurance carried by the Town, its 2023 FORM: Avon Professional Service Agreement Zehren and Associates, Inc. 02-28-2024 Page 8 of 16 officers, or its employees shall be excess and not contributory insurance to that provided by the Contractor; provided, however, that the Town shall not be obligated to obtain or maintain any insurance whatsoever for any claim, damage, or purpose arising from or related to this Agreement and the Services. The Contractor shall not be an insured party for any Town-obtained insurance policy or coverage. B. For both Required Insurance and Contractor Insurance, the Contractor shall be solely responsible for any deductible losses. C. For Required Insurance, no policy of insurance shall contain any exclusion for bodily injury or property damage arising from completed operations. D. For Required Insurance, every policy of insurance shall provide that the Town will receive notice no less than thirty (30) days prior to any cancellation, termination, or a material change in such policy. 5.3. Failure to Obtain or Maintain Insurance. The Contractor’s failure to obtain and continuously maintain policies of insurance in accordance with this Section 5.0 INSURANCE and its subsections shall not limit, prevent, preclude, excuse, or modify any liability, claims, demands, or other obligations of the Contractor arising from performance or non-performance of this Agreement. Failure on the part of the Contractor to obtain and to continuously maintain policies providing the required coverage, conditions, restrictions, notices, and minimum limits shall constitute a material breach of this Agreement upon which the Town may immediately terminate this Agreement, or, at its discretion, the Town may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by Contractor to the Town immediately upon demand by the Town, or at the Town’s sole discretion, the Town may offset the cost of the premiums against any monies due to the Contractor from the Town pursuant to this Agreement. 5.4. Insurance Certificates. Prior to commencement of the Services, the Contractor shall submit to the Town applicable certificates of insurance for all Required Insurance. Insurance limits, terms of insurance, insured parties, and other information sufficient to demonstrate conformance with this Section 5.0 INSURANCE and its subsections shall be indicated on each certificate of insurance. Certificates of insurance shall reference the “Project Name” as identified on the first page of this Agreement. The Town may request, and the Contractor shall provide within three (3) business days of such request a current certified copy of any policy of Required Insurance and any endorsement of such policy. The Town may, at its election, withhold payment for Services until the requested insurance policies are received and found to be in accordance with the Agreement. 6. OWNERSHIP OF DOCUMENTS 6.1. Work Product is Property of Town. Upon complete payment for services rendered, the Work Product, as defined in Sub-Section 1.1, shall be deemed work made for hire and made in the course of Services performed under this Agreement and will be the exclusive property of the Town. Town will have unlimited right to make, have made, use, reconstruct, repair, modify, reproduce, publish, distribute and sell the Work Product, in whole or in part, or combine the Work Product with other matter, or not use the Work Product at all, as it sees fit. Any reuse of the Work Product produced under this Agreement for any purpose not directly related to this Agreement will be at the sole risk of Town. 2023 FORM: Avon Professional Service Agreement Zehren and Associates, Inc. 02-28-2024 Page 9 of 16 6.2. Obligations of Contractor’s Personnel and Subcontractors. Contractor warrants it has enforceable written agreements with all of its personnel and subcontractors to be involved in performing the Services that: A. assign to Contractor ownership of all patents, copyrights, and other proprietary rights created in the course of their employment or engagement; and B. obligate such personnel or subcontractors, as the case may be, upon terms and conditions no less restrictive than are contained in this Section 6.0 OWNERSHIP OF DOCUMENTS, not to use or disclose any proprietary rights or information learned or acquired during the course of such employment or engagement including, without limitation, any Work Product, all Contractor property and any other information pursuant to this Section 6.0 OWNERSHIP OF DOCUMENTS. 6.3. Assignment of Proprietary Rights. To the extent that any title to any Work Product may not, by operation of law, vest in Town, or such Work Product may not be considered to be work made for hire, Contractor hereby irrevocably transfers and assigns to Town in perpetuity all worldwide right, title and interest in and to the patent rights, copyrights, trade secrets, and other proprietary rights in and ownership of, the Work Product. 6.4. Town Furnished Information. Title to all materials and all documentation furnished by the Town to Contractor will remain in the Town. Contractor will deliver to the Town any all Work Products and property, including copies thereof on whatever media rendered, upon the first to occur of: A. the Town’s written request; or B. completion of the Services under this Agreement; or C. termination of this Agreement. 6.5. The Contractor waives any right to prevent its name from being used in connection with the Services. 7. CONFLICT OF INTEREST The Contractor shall refrain from providing services to other persons, firms, or entities that would create a conflict of interest for the Contractor with regard to providing the Services pursuant to this Agreement. The Contractor shall not offer or provide anything of benefit to any Town official or employee that would place the official or employee in a position of violating the public trust as provided by C.R.S. §24-18-109, as amended, the Avon Town Code of Ethics, as amended or the Town’s ethical principles. 8. REMEDIES In addition to any other remedies provided for in this Agreement, and without limiting its remedies available at law, the Town may exercise the following remedial actions if the Contractor substantially fails to perform the duties and obligations of this Agreement. Substantial failure to perform the duties and obligations of this Agreement shall mean a significant, insufficient, incorrect, or improper performance, activities, or inactions by the Contractor. The remedial actions include: 2023 FORM: Avon Professional Service Agreement Zehren and Associates, Inc. 02-28-2024 Page 10 of 16 8.1. Suspend the Contractor’s performance pending necessary corrective action as specified by the Town without the Contractor’s entitlement to an adjustment in any charge, fee, rate, price, cost, or schedule; and/or 8.2. Withhold payment to the Contractor until the necessary services or corrections in performance are satisfactorily completed; and/or 8.3. Deny payment for those services which have not been satisfactorily performed, and which, due to circumstances caused by the Contractor, cannot be performed, or if performed would be of no value to the Town; and/or 8.4. Terminate this Agreement in accordance with this Agreement. The foregoing remedies are cumulative and the Town, in its sole discretion, may exercise any or all of the remedies individually or simultaneously. 9. MISCELLANEOUS PROVISIONS 9.1. No Waiver of Rights. A waiver by any Party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either Party. The Town’s approval or acceptance of, or payment for, services shall not be construed to operate as a waiver of any rights or benefits to be provided under this Agreement. No covenant or term of this Agreement shall be deemed to be waived by the Town except in writing signed by the Town Council or by a person expressly authorized to sign such waiver by resolution of the Town Council of the Town of Avon, and any written waiver of a right shall not be construed to be a waiver of any other right or to be a continuing waiver unless specifically stated. 9.2. No Waiver of Governmental Immunity. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials, employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 9.3. Affirmative Action. Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contractor will take affirmative action to ensure applicants are employed, and employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 9.4. Americans with Disabilities Act. Contractor understands and agrees that no individual with a disability shall, on the basis of the disability, be excluded from participation in this contract or from activities provided for under this contract. As a condition of accepting and executing this contract, the Contractor agrees to comply with the “General Prohibitions Against Discrimination,” 28 C.F.R. §35.130, and all other regulations promulgated under Title II of The Americans with Disabilities Act. 2023 FORM: Avon Professional Service Agreement Zehren and Associates, Inc. 02-28-2024 Page 11 of 16 9.5. Binding Effect. The Parties agree that this Agreement, by its terms, shall be binding upon the successors, heirs, legal representatives, and assigns; provided that this Section 9.5 shall not authorize assignment. 9.6. No Third-Party Beneficiaries. Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third-party, including any agent, sub-consultant, or sub-contractor of Contractor. Absolutely no third-party beneficiaries are intended by this Agreement. Any third-party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. 9.7. Article X, Section 20/TABOR. The Parties understand and acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution (“TABOR”). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the Town, and other applicable laws. Upon the failure to appropriate such funds, this Agreement shall be terminated. 9.8. Governing Law, Venue, and Enforcement. This Agreement shall be governed by and interpreted according to the law of the State of Colorado. Venue for any action arising under this Agreement shall be in the appropriate court for Eagle County, Colorado, and the parties consent and agree to the jurisdiction of such courts. To reduce the cost of dispute resolution and to expedite the resolution of disputes under this Agreement, the Parties hereby waive any and all right either may have to request a jury trial in any civil action relating primarily to the enforcement of this Agreement. The Parties agree the rule providing ambiguities in a contract are to be construed against the drafting party shall not apply to the interpretation of this Agreement. If there is any conflict between the language of this Agreement and any exhibit or attachment, the language of this Agreement shall govern. 9.9. Survival of Terms and Conditions. The Parties understand and agree that all terms and conditions of the Agreement that require continued performance, compliance, or effect beyond the termination date of the Agreement shall survive such termination date and shall be enforceable in the event of a failure to perform or comply. 9.10. Assignment and Release. All or part of the rights, duties, obligations, responsibilities, or benefits set forth in this Agreement shall not be assigned by Contractor without the express written consent of the Town Council. Any written assignment shall expressly refer to this Agreement, specify the particular rights, duties, obligations, responsibilities, or benefits so assigned, and shall not be effective unless approved by resolution or motion of the Town Council. No assignment shall release the Applicant from performance of any duty, obligation, or responsibility unless such release is clearly expressed in such written document of assignment. 2023 FORM: Avon Professional Service Agreement Zehren and Associates, Inc. 02-28-2024 Page 12 of 16 9.11. Paragraph Captions. The captions of the paragraphs are set forth only for the convenience and reference of the Parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. 9.12. Integration and Amendment. This Agreement represents the entire and integrated agreement between the Town and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. Any amendments to this must be in writing and be signed by both the Town and the Contractor. 9.13. Severability. Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of any other provision of this Agreement. 9.14. Incorporation of Exhibits. Unless otherwise stated in this Agreement, exhibits, applications, or documents referenced in this Agreement shall be incorporated into this Agreement for all purposes. In the event of a conflict between any incorporated exhibit and this Agreement, the provisions of this Agreement shall govern and control. 9.15. Non-Liability of Town for Indirect or Consequential Damages or Lost Profits. Parties agree that the Town shall not be liable for indirect or consequential damages, including lost profits that result from the Town’s declaration that the Contractor is in default of the Agreement, so long as the Town acts in good faith. 9.16. Indemnity. To the fullest extent permitted by law, Contractor shall indemnify and defend the Town, its members, affiliates, officers, directors, partners, employees, and agents (collectively referred to as the “Town” for the purposes of this Section 9.16) from and against all claims, damages, losses, and expenses, including but not limited to reasonable attorney’s fees (collectively referred to “Losses”), arising out of the performance of the Services, provided that (a) any such claim, damage, loss or expense is caused by any negligent act or omission of (i) Contractor, (ii) anyone directly or indirectly employed by Contractor or (iii) anyone for whose acts Contractor may be liable; and (b) such indemnification shall not apply to the extent that such Losses are caused by the negligence of the Town or other party indemnified hereunder. If Contractor is providing architectural, engineering, or surveying services; design; construction; alteration; repair; or maintenance of any building, structure, highway, bridge, viaduct, water, sewer, or gas distribution system, or other works dealing with construction, or any moving, demolition, or excavation connected with such construction, the extent of Contractor's obligation to indemnify and defend the Town is enforceable only to the extent and for an amount represented by the degree or percentage of negligence or fault attributable to the Contractor or the Contractor's agents, representatives, subcontractors, or suppliers. If the Contractor is a person or entity providing architectural, engineering, surveying, or other design services, then the extent of Contractor's obligation to indemnify and defend the Town may be determined only after the Contractor's liability or fault has been determined by adjudication, alternative dispute resolution, or otherwise resolved by mutual agreement between the Contractor and Town. The indemnification in this Section 9.16 shall be construed to comply with C.R.S. § 13-50.5-102(8) et. seq. 9.17. Notices. Unless otherwise specifically required by a provision of this Agreement any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the Party to whom such notice is to be given at the address set forth below or at such other address as has 2023 FORM: Avon Professional Service Agreement Zehren and Associates, Inc. 02-28-2024 Page 13 of 16 been previously furnished in writing, to the other Party. Such notice shall be deemed to have been given when deposited in the United States Mail and properly addressed to the intended recipient. Written notice may also be provided by electronic mail which shall be deemed delivered when receipt is acknowledged by reply of the recipient. If to the Town: If to the Contractor: Town of Avon Eric Heil, Town Manager 100 Mikaela Way P.O. Box 975 Avon, Colorado 81620 eheil@avon.org Zehren and Associates, Inc. Pedro Campos, Principal PO Box 1976 Avon, CO 81620 pedroc@zehren.com With Copies to: Nina P. Williams, Town Attorney Wilson Williams Fellman Dittman 100 Mikela Way P.O. Box 975 Avon, CO 81620 townattorney@avon.org Jim Horsley 100 Mikaela Way P.O. Box 975 Avon, Colorado 81620 jhorsley@avon,org 10. AUTHORITY The individuals executing this Agreement represent that they are expressly authorized to enter into this Agreement on behalf of Town of Avon and the Contractor and bind their respective entities. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK-SIGNATURE PAGE FOLLOWS] 2023 FORM: Avon Professional Service Agreement Zehren and Associates, Inc. 02-28-2024 Page 14 of 16 THIS AGREEMENT is executed and made effective as provided above. TOWN OF AVON CONTRACTOR, ZEHREN AND ASSOCIATES, INC. By: ____________________________________ By: _____________________________________ Name: Amy Phillips Name: Pedro Campos Title: Mayor Title: Principal APPROVED AS TO FORM: ______________________________________ Nina P. Williams, Town Attorney 2023 FORM: Avon Professional Service Agreement Zehren and Associates, Inc. 02-28-2024 Page 15 of 16 EXHIBIT A Project/Services Name: Harry A. Nottingham Park – East Park Improvements / Proposal for Professional Design Services Scope of Services Professional services including design development, construction documents, pre-construction services, bidding, and construction observation. Zehren and Associates will serve as the prime consultant and lead the project by providing project management, landscape architecture, and architecture design services. The project design team includes the following sub-consultants contracted under Zehren and Associates to provide services for their respective disciplines:  New Line Skateparks, Inc: Skate Plaza Design Development  Alpine Engineering Inc: Civil Engineering  Architectural Engineering Consultants, Inc: MEP Engineering  Martin Martin Consulting Engineers: Structural Engineering  Hines, Inc: Irrigation Design  McAllister Construction Inc: Pre-Construction Services 2023 FORM: Avon Professional Service Agreement Zehren and Associates, Inc. 02-28-2024 Page 16 of 16 EXHIBIT B Cost Consultant shall perform and complete services on a time and expense basis not to exceed $196,500 in accordance with the following Schedule of Rates: Hourly Professional Rates Architect AIA (Principal) $195 Landscape Architect (Principal) $185 Senior Associate $115 Landscape Designer $90 Architect in Training $105 Other Charges Attendance at Public Hearings / Meetings - $90 - $195 Subconsultants - Cost Plus 0% ARCHITECTURE • PLANNING • LANDSCAPE • INTERIORS P.O. BOX 1976, Avon, CO 81620 • 970.949.0257 • www.zehren.com ZEHREN AND ASSOCIATES Work Release for Professional Design Services February 20, 2023 Eric Heil, Town Manager / Jim Horsley, Project Engineer Town of Avon, Post Office Box 975, Avon, CO 81620 Email: eheil@avon.org and jhorsley@avon.org / Phone: 970-748-4009 RE: Harry A. Nottingham Park – East Park Improvements Final Design Zehren and Associates, Inc. Project No: 2021.2859.05 Dear Eric and Jim. Thank you for the opportunity for Zehren and Associates to prepare and submit this work release to assist the Town of Avon with the re-design of the East Park Improvements at the Harry A. Nottingham Park (herein referenced as the ‘Park’). The conceptual and schematic design of the skate plaza has been conducted in collaboration with New Line Skateparks in the fall of 2023. The Avon Town Council approved the project to move forward to the next stages of design on November 14, 2023. This proposal is for the next stages in the design process, including design development, construction documents, pre-construction services, bidding, and construction observation. Zehren and Associates will serve as the prime consultant and lead the project by providing project management, landscape architecture, and architecture design services. The project design team includes the following sub- consultants contracted under Zehren and Associates to provide services for their respective disciplines: • New Line Skateparks, Inc: Skate Plaza Design Development • Alpine Engineering Inc: Civil Engineering • Architectural Engineering Consultants, Inc: MEP engineering • Martin Martin Consulting Engineers: Structural Engineering • Hines, Inc: Irrigation Design • McAllister Construction Inc: Pre-Construction Services The design team will integrate the landscape and architectural scope of the community park with the design development of the skate plaza by New Line Skateparks. This will include updating several park elements of the previous 2022 project design with the skate plaza including: modular restrooms, multi-use plaza(s), special paving, seat wall(s), lighting, landscaping, terraced boulders, boulder seating, and shade structure(s). The project also includes significant utility relocations and new infrastructure to support the new park area, especially for special event uses. Raising the elevation of the service access road and associated perpendicular parking along the south side of the project is one of the major improvements. The overall goal is to create a well-organized cohesive design for the park and skate plaza, that fits the Nottingham Park site, and maximizes the prime central civic location, including exceptional views, pedestrian circulation, the recreation field and the events pavilion and terrace. Over-riding goals of the project design are to promote and facilitate Avon’s special events and public arts programs. This will be accomplished in deliberate and intentional design for multi-seasonal and multi-use of the new park area and skate plaza to support a variety of special events conducted on the pavilion stage and the recreation field, as well as the integration of public art within the skate plaza park and skateable elements. ARCHITECTURE • PLANNING • LANDSCAPE • INTERIORS P.O. BOX 1976, Avon, CO 81620 • 970.949.0257 • www.zehren.com ZEHREN AND ASSOCIATES SCOPE OF WORK & GENERAL PROGRAM OF IMPROVEMENTS The program for the site, architecture and landscape improvements to be designed alongside the Skate Plaza include the following: Site, Civil, Utilities and Infrastructure: 1. Demolition Plan, updated to reflect demolition of East Parking Lot 2. Site Grading and Drainage Plans in coordination with proposed skate plaza, park areas, and finished floor elevation(s) of modular restrooms and associated pedestrian plaza. 3. Grading and Drainage plan for the raising and re-grading of the service drive along the south of the property. 4. Updated utility plan with electrical service and MDC relocation to SW corner of site, as well coordination of power to site and parking lot lights. 5. Plans for undergrounding powerlines along UPRR tracks. 6. Water infrastructure (water stub to approximate prefabricated restroom’s location) 7. Sanitary sewer (stub service to approximate prefabricated restroom’s location). 8. Paving details and specification for parking and roadway improvements (per soils report). 9. Coordination with Irrigation Designer for hook-up location of irrigation system. Architectural, Structural, MEP 1. Layout of modular bathrooms per site location and extents to include in the solicitation to modular / prefabricated restroom vendors. Include layout of stalls, ADA requirements, pedestrian and service entries, fixtures for restrooms of both genders, family bathroom, and janitorial storage closet(s). 2. Structural and mechanical requirements of modular prefabricated restrooms. 3. Solicitation for the selection of modular prefabricated restrooms (BOXX Modular or equal). 4. Architectural design for custom siding for restrooms and other custom architectural features. 5. Architectural design for custom shade awning(s) coordinated with pedestrian plaza design and potential integration of public art element(s). 6. MEP Engineering: a. Plan heating and ventilation for crawl space / heat trace for piping if necessary. b. Water and sewer planning within building and up to 5’ for hook ups (in coordination with civil engineer) c. Power plan for Modular Restrooms d. General Site and Building Lighting e. Electrical distribution site rework like previous 2022 plan with gear set at SW corner of site. f. Electrical outlets for food truck and events power like previous 2022 plan. g. Lighting / Power for site wall mounted fixtures 7. Structural Engineering: a. Foundation design for Modular Restrooms b. Structural engineering for custom shade awning outboard of modular restrooms c. Structural details for site walls d. Structural details for lights pole bases. ARCHITECTURE • PLANNING • LANDSCAPE • INTERIORS P.O. BOX 1976, Avon, CO 81620 • 970.949.0257 • www.zehren.com ZEHREN AND ASSOCIATES Landscape Architecture 1. Pedestrian plaza (adjacent to the skate park), with special paving and seat elements. 2. Retaining seat wall along the north of the site, interfacing with the existing asphalt walkway. 3. Landscape buffer between the skate plaza and the seat wall and asphalt walkway. 4. Water conservation demonstration garden showcasing drought tolerant plants / xeriscape techniques along asphalt walkway, both east and west of pedestrian plaza entry from rec field. 5. Sidewalk and access ramp along west side of pedestrian plaza and restrooms for ADA Access and Events loading and delivery. 6. Overall site landscaping including shade trees, shrubs, grasses, ground covers and perennials. 7. Ornamental decorative boulders for seating strategically located throughout the site landscape. 8. Landscape planter at skate plaza entry on the northeast corner of the site with Public Art. 9. Landscape planter at the pedestrian plaza entry on the northwest corner of the site integrating existing large spruce tree to be preserved. 10. Site lighting, including parking lot lighting and pedestrian lighting along seat wall and within pedestrian plaza. 11. Selection and layout of site furnishings including picnic tables, bike racks, trash, and recycling receptacles. 12. Park entry sign (to match existing monuments) at southeast corner of site at intersection of Lake Street, Riverfront Lane, and West Benchmark Road. Skate Plaza The program for the skate plaza includes the schematic design reviewed and approved by the Town Council on November 14, 2023. New Line Skatepark’s design development scope of work will generally conform to the Schematic Design plan, with modifications necessary to coordinate with the site design and grading for the park project. The skate plaza will be designed through design development alongside the proposed park improvements. An updated cost estimate for the skate plaza is included as part of the design development deliverables. SCOPE OF WORK The scope of work is divided into five major tasks amongst disciplines based on the approved schematic design These tasks are as follows and described in greater detail in the scope of work. Task 1 Project Management and Administration Task 2 Design Development, Construction Permit Documents, Construction Observation Task 3 Modular Bathrooms Solicitation Process Task 4 Pre-Construction Services Task 5 Bid Process Support The scope of work is proposed to be coordinated with the Skate Plaza design work by New Line Skateparks. Project areas intended for skateboarding and other wheeled recreational use are the responsibility of New Line Skateparks, while surrounding park and landscape area are the responsibility of the Zehren and Associates, Inc, and rest of the project team. Items of overlap such as public art and selection of adjacent paving surfaces and construction materials will be carefully coordinated to result in a cohesive design with a shared design vocabulary and overall sense of place and identity. ARCHITECTURE • PLANNING • LANDSCAPE • INTERIORS P.O. BOX 1976, Avon, CO 81620 • 970.949.0257 • www.zehren.com ZEHREN AND ASSOCIATES Task 1 Project Management and Administration Zehren and Associates will manage the project and consultant team and serve as the main point of contact for the Town and the project team. We will schedule and coordinate workflow and effort amongst the project team in advancing and completing the scope of work. Task 1 includes scheduling of coordination meetings, attending Town staff meetings and updates, preparation of meeting minutes, preparation of invoices, and managing the project budget. Task 2 Design Development, Construction Permit Documents, Construction Observation Task 2A Design Development In Design Development the design team will evolve the project design from schematic design to a greater of detail and accuracy. The drawings will be digitized into AutoCad file format over the topographic site survey. Vertical and horizontal grading relationships will be established to accomplish drainage and accessibility throughout the overall site. Material choices and selections will be identified, including their location, extents, and quantities. Following are the sub-tasks involved: a. Design Team Kick-off meeting with Town Staff. b. 50% Design Development documents by the Zehren Team for review and coordination. c. 50% Design Development ‘page-turn’ with the Town. d. 100% Design Development documents by the Zehren Team for review and coordination with the Town Team e. Pricing coordination with Preconstruction Consultant Task 2B Construction Permit Documents The goal of Task 2 is to continue to refine the design development plans created in Task 1 to a greater level of detail with additional coordination amongst disciplines towards the preparation construction documents appropriate for bidding and contractor pricing and selection. Construction details will be created for specific project conditions and circumstances and addressing the interface of materials and their assembly. Deliverables: the following materials will be produced at the completion of Design Development and Construction Documents for the park and skate plaza areas of the project: • Site Plan • Layout and Materials Plan • Grading and Drainage Plan • Landscape Plan • Irrigation Plan • Utilities and Infrastructure Plan • Demolition Plan • Architectural Plans & Details • Structural Plans & Details • Electrical and Power Plan • MEP Plans and Details The Skate Plaza scope of work is through design development. Construction documents for the Skate Plaza will be part of a design / build contract to provided by the selected skatepark contractor. ARCHITECTURE • PLANNING • LANDSCAPE • INTERIORS P.O. BOX 1976, Avon, CO 81620 • 970.949.0257 • www.zehren.com ZEHREN AND ASSOCIATES Task 2C Construction Observation The project design team will provide Construction Observation and Administration services during the period of construction to review the progress and help resolve issues that may arise during construction. The architecture team will be responsible for construction observation services associated with the modular restrooms. The landscape architecture team would be responsible for confirming the layout of hardscape and site elements and reviewing submittals for live plant materials as well as paving and stone materials. In performing Construction Observation and Administration. Zehren and Associates will help ensure the installation meets the design intent of the plans approved by the Town. The services that are included in this phase are as follows: a. Attend and help conduct pre-construction meeting. b. Attend weekly or regularly scheduled construction meetings or calls. c. Make periodic field visits to observe and document the progress of work. d. Preparation of field reports. e. Review of Submittals. f. Reply to Request for Information (RFIs). g. Prepare Punch List at Substantial Completion. h. Prepare Punch List at Final Completion. Task 3 Modular Bathrooms Solicitation Process Zehren and Associates will conduct a solicitation process for bids from modular and prefabricated restroom vendors based on architectural layout plans developed by Zehren and Associates customized to the park site and the Town’s desired program. Standard modular and prefabricated dimensions will be applied to facilitate the responsiveness of vendors included in the solicitation. Vendors to be included will be based on Town’s and Design Team’s research. Up to (8) different vendors will be included in the solicitation. Task 4 Pre-Construction Services Pre-Construction Services will be provided by McAllister Construction. Two rounds of pricing will be prepared, the first at the completion of design development documents and the second mid-way through the construction documents process (50%). Pricing will be prepared using unit prices with a 10% contingency. Task 5 Bid Process Support Zehren and Associates will assist the Town with the preparation of bid documents including the project manual and bid form for the project. The team will help the Town evaluate bids received and select the bid that is most favorable to the Town given the project circumstances and the intended schedule. ARCHITECTURE • PLANNING • LANDSCAPE • INTERIORS P.O. BOX 1976, Avon, CO 81620 • 970.949.0257 • www.zehren.com ZEHREN AND ASSOCIATES PROFESSIONAL FEE ESTIMATE Task 1 Project Management and Administration $ 9,500 Task 2 Design Development, Construction Permit Documents, Construction Observation Landscape Architecture $ 18,500 Skate Plaza (Design Development only) $ 25,000 Architecture $ 60,500 Irrigation Design $ 10,000 Civil Engineering $ 25,000 Structural Engineering $ 17,500 MEP Engineering $ 17,500 Subtotal $174,000 Task 3 Modular Bathrooms Solicitation Process $ 4,500 Task 4 Bid Process Support $ 3,500 Task 5 Pre-construction Services $ 5,000 Total $196,500 The fees quoted are professional estimates for the Zehren and Associates design team to complete the scope of work that is outlined in this proposal. Fees for each consultant are proposed as allowances by discipline to be billed on a time and materials basis by task in the delivery of the proposed services. These fees include the costs for the consultants listed, and no mark-up is proposed. Additional work outside of the described Scope of Work will be performed as additional services only with pre-approval of the Town. A bill for our services and expenses will be sent monthly, and we ask that payment be made within 30 days of our billing. SCHEDULE • Design Development / Construction Documents: February 26 to April 15, 2024 • Modular Bathrooms Solicitation: March 15 to March 30, 2024 • Bid Process: April 15 to May 15, 2024 • Notice of Award: June 1, 2024 • Construction Start: TBD EXCLUSIONS The following services are excluded from the proposed phases of work: • Geotechnical Services • Topographic Field Surveying and Drone Imagery • Three dimensional models and artistic perspective renderings (available upon request). • Testing and Inspections ARCHITECTURE • PLANNING • LANDSCAPE • INTERIORS P.O. BOX 1976, Avon, CO 81620 • 970.949.0257 • www.zehren.com ZEHREN AND ASSOCIATES CONTRACT TERMS The terms governing this contract shall be in accordance with the Town of Avon’s Professional Services Agreement to be executed between Zehren and Associates, Inc and the Town of Avon. Eric and Jim, thank you for your consideration in retaining our design services for the re-design of this project. Please feel free to call with any questions or concerns regarding the Scope of Work and this Work Release Proposal. Otherwise, if the terms of this Proposal are acceptable to you, please indicate your agreement with the terms of the letter by countersigning below and returning a copy to us. Again, we very much appreciate the opportunity to submit this proposal to continue to assist you and the Town of Avon for the East Park Improvements project. Sincerely, Pedro Campos, PLA / Principal Zehren and Associates, Inc. AGREED TO BY (print name) : TITLE/ ENTITY: SIGNATURE / DATE: ZEHREN AND ASSOCIATES ARCHITECTURE • PLANNING • INTERIORS • LANDSCAPE P.O. BOX 1976, Avon, CO 81620 • 970.949.0257 • www.zehren.com EXHIBIT “B” BILLING CATEGORIES RATE SCHEDULE JANUARY 1 TO DECEMBER 31, 2024 The primary personnel identified to work on this Project will bill out at the rates listed next to their names. Other staff required to assist on the Project will bill out at the rates listed in the general Billing Categories listed below: Tim Losa, AIA (Principal)…..$195/hour Pedro Campos, PLA (Principal)…..$185/hour Jesse Gregg (Senior Associate)…..$115/hour Doug Lang (Landscape Designer)…..$90/hour Carly Hansen (Architect-in-Training)$105 BILLING CATEGORY HOURLY RATE PRINCIPAL $ 170 – 340 ARCHITECT $ 150 – 200 INTERIOR DESIGNER $ 90 – 150 DESIGNER / PLANNER $ 90 – 160 LANDSCAPE ARCHITECT / PLANNER $ 90 – 150 DRAFTSPERSON $ 80 – 120 CLERICAL / ACCOUNTING $ 80 – 100 ssad 970-748-4019 jmccracken@avon.org TO: Honorable Mayor Phillips and Council Members FROM: Joel McCracken, Finance Manager RE: Establishment of a Downtown Development Authority (DDA) Fund DATE: February 22, 2024 SUMMARY: Establishment of a Downtown Development Authority (DDA) Fund for the collection of DDA Property Taxes and associated expenses within the DDA. The Downtown Development Authority Fund will have Fund number 720. FINANCIAL CONSIDERATIONS: In 2023, the Eagle County Assessor’s office established assessed values as of December 1, 2022. The Town of Avon expects to collect $100,000 in Fiscal Year 2024 for properties within the boundaries of the Downtown Development Authority. The Town expects to have $10,000.00 in expenditures. Ordinance 23-02 referred to the establishment of a Downtown Development Authority to a special election which was approved by voters on August 29, 2023. BACKGROUND: A special revenue fund is an account established by the government to collect money that must be used for a specific project. Special revenue funds provide an extra level of accountability and transparency to taxpayers so their tax dollars will go toward an intended purpose. This fund is established as the Avon DDA is considered to be a separate legal entity from the Town which will allow the Town to efficiently track revenues and expenditures for all monies associated, in addition to developing a fiscal budget year to year. A special revenue fund is the proper way of recording the collected revenues and expenditures on the Town’s financial statements as the Avon DDA is a separate legal entity. The funds will be recorded in the special revenue fund and reported to the established Board of Directors quarterly, in order to establish a timely fiscal budget each year. PROPOSED MOTION: “I move to approve Resolution 24-08, Approving the Establishment of a Downtown Development Authority Fund.” Thank You, Joel McCracken ATTACHMENT A: Res 24-08 Avon Downtown Development Authority Fund ATTACHMENT B: Resolution 23-32 Adopting the Avon Downtown Development Authority 2024 Budget Page 1 of 1 RESOLUTION NO. 24-08 APPROVING A DOWNTOWN DEVELOPMENT AUTHORY FUND WHEREAS, the Town of Avon, Colorado (“Town”) is a home rule municipality and political subdivision of the State of Colorado (“State”) organized and existing under a home rule charter (“Charter”) pursuant to Article XX of the Constitution of the State; and WHEREAS, on August 29, 2023, the Town of Avon voters approved the establishment of the Avon Downtown Development Authority; and WHEREAS, the Agreement provides that, upon collection of revenues and payment of expenditures for the Avon Downtown Development Authority, the Town will record these in a Special Revenue Fund in order to accurately and efficiently account for the receipt and distribution of such monies; and WHEREAS, NOW THEREFORE, THE TOWN COUNCIL, HEREBY RESOLVES: Section 1 The Avon Downtown Development Authority Fund will be included as part of the Town of Avon reporting entity for purposes of financial reporting. ADOPTED FEBRUARY 27, 2024 by the AVON TOWN COUNCIL By:_______________________________ Attest:_________________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva , Town Clerk ATTACTMENT A A Avon 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: 2024 Budget Avon Downtown Develoament Authori Beginning Fund Balance $ 0 Revenues and Other Sources 100,000 Expenditures and Other Uses 10,000 Ending Fund Balance $ 90,000 ADOPAD DECEMBER 12, 2023 BY THE AVON TOWN COUNCIL. By: Phillips,'Mayor Avon owown Development Authority Resolution No. 23-32 — Adopting 2024 Budget December 4, 2023 Page 1 of 1 Attest: Miguel Jajtlr9jui Casanueva, NOFA O SEAL': Wn Clerk ATTACHMENT B A Avo .n AVON DOWNTOWN DEVELOPMENT AUTHORITY RESOLUTION 23-01 ADOPTING THE 2024 BUDGET WHEREAS, the Board of Directors of the Avon Downtown Development Authority has directed 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 public hearing has been property posted for 3pm on December 4, 2023; 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 that the Board of Directors of the Avon Downtown Development Authority hereby adopt the following 2024 budget: 2024 Buffet Avon Downtown Development Authority Beginning Fund Balance $ 0 Revenues and Other Sources 100,000 Expenditures and Other Uses 10,000 Ending Fund Balance $ 90.000 ADOPTED DECEMBER 4, 2023 by the AVON DOWNTOWN DEVELOPMENT AUTHORITY BOARD OF DIRECTORS. By: Attest To Emrick, Chairman ris Neuswanger, Secretary Avon Downtown Development Authority Resolution No. 23-01 — Adopting 2024 Budget December 4, 2023 Page 1 of 1 ATTACHMENT B 970-748-4113 jshoun@avon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Jim Shoun, Mobility Manager RE: 2023 E-Bike Share Program Final Update DATE: February 27, 2023 SUMMARY: This report provides a final update on the 2023 Avon E-Bike Share Program’s second season. The collaborative effort between Avon, Vail, Eagle County/Edwards and the Eagle-Vail Metropolitan District was launched in the summer of 2022 and continued in 2023. There were 10330 total rides for the season, a 28% increase over 2022. All communities are committed to the 2024 season and budgeting is consistent with 2023 funding. Avon Mobility has again budgeted $100,000 for the 2024 e-bikeshare program. BACKGROUND: The e-bikeshare program began in 2022 as a collaboration between Avon, Vail and Eagle-Vail. In 2023, the program expanded, adding new partners Eagle County and the Edwards Metro District. In 2022, there were a total of 20 hubs and 90 electric bicycles (6 hubs and 20 bicycles dedicated to Avon). In 2023, that total grew to 35 hubs and 155 bicycles (9 hubs and 35 bikes in Avon). The partner communities applied for a $50,000 Colorado State Office of Innovative Mobility Grant to expand the system and were successful. Avon’s portion of that grant was $13,000.00 and is available to use for the 2024 season. RIDERSHIP: Valley Wide ridership increased 28% and miles ridden increased 15%. Avon ridership increased 48% and miles ridden increased by 62%, From weekly summary sheets provided by service provider Drop Mobility, the system statistics include: NEXT STEPS: All the partner communities are continuing the same level of service for 2024, utilizing the same number of hubs and bicycles. Drop Bike is also pursuing sponsorships for additional hubs. If successful, these sponsorships will expand the system, without any additional costs for the partner communities. Pricing will remain the same and we will offer “early bird” season pass discounts during the pre-season to try and attract new members. In 2024, the Town of Avon budget will remain the same ($100,000), as will the number of hubs and bikes in Town limits. Avon and the partner communities are focused on marketing and gaining ridership using existing resources. COUNCIL DIRECTION: This report is informational and no Council action is required. ATTACHMENTS: A. Avon Specific ridership data 2022 B. Avon Specific ridership data 2023 C. Pricing Schedule Thank you, Jim Page 2 of 5 Attachment A: RIDERSHIP BY AVON HUB 7/7/2022-10/31/2022 YELLOW FONT (ROWS): START HUB WHITE FONT (COLUMNS): END HUB Page 3 of 5 Attachment B: RIDERSHIP BY AVON HUB 7/2/2023-10/31/2023 Page 4 of 5 Page 5 of 5 Attachment C: Program Pricing: The price schedule for this service reflects the desire to inform users of the difference between e-bike share programs (commuting, errands, shorter rides) and e-bike rental programs (longer excursions, multi-day usage, recreation, etc.). Short trips, especially for locals, are relatively inexpensive. As the time grows, the ride becomes increasingly more expensive. AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 13, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 1 1. CALL TO ORDER AND ROLL CALL The meeting was hosted in a hybrid format, in-person at Avon Town Hall and virtually via Zoom.us. Mayor Amy Phillips called the February 13, 2024, Council regular meeting to order at 5:00 p.m. A roll call was taken, and Councilors present in person were Chico Thuon, Rich Carroll, Lindsay Hardy, Ruth Stanley, Mayor Pro Tem Tamra Underwood, and Mayor Amy Phillips. They were joined by Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Chief Administrative Officer Ineke de Jong, Town Attorney Nina P. Williams, Town Clerk Miguel Jauregui Casanueva, Rec Director Michael Labagh, Community Development Director Matt Pielsticker, Planning Manager Jena Skinner, Housing Long Range Planner Patti Liermann, Project Engineer Jim Horsley, and Avon Police Chief Greg Daly. 2. APPROVAL OF AGENDA Video Start Time: 00:00:40 Mayor Phillips initiated the meeting with the Agenda approval process. Without further discussion, Mayor Pro Tem Underwood motioned to approve the Agenda, as presented. Councilor Hardy seconded the motion. It was approved unanimously with a 6-0 vote of those present. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:01 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:01:18 Mayor Phillips explained that public comment can be made by participating in the meeting in person, via zoom’s video/audio, via telephone, or via email. She 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 or virtually. Tim McMahon, resident of Avon, took the podium and apologized for the language he used during public comment in the previous regular Council meeting. He asked for information regarding: (i) an update on the Hoffman Parking situation, noting numerous concerns around signage; (ii) an update on the status of uploading Minutes to the Town website, which he added were current through November of 2023 but missing December of 2023 and January of 2024; (iii) an update on when Council will address the flag flying policy issue; (iv) a request for Avon for the Town of Avon to match the State of Colorado taxing authority in no longer charging a sales tax on diapers and feminine hygiene products; and, (v) a note that the suicide hotline has been painted onto the green bridge in Redcliff. Merit Zoll, resident of Avon, took the podium to ask that Council stop charging sales tax on diapers, prophylactics, and feminine hygiene products. She then recited a remark into the record in the form AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 13, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 2 of a limerick, which she stated she heard while accompanying her father on a business trip when she was very young. It related to ‘a man who never lived and insurance claimed he then never died’. She added this limerick made her think of a lifetime of paying unnecessary tax on many insurance and women’s health-related items. Brian Davis, owner of Pier 13 Liquor located in Eagle Vail, took the podium, and directed a remark to Town Manager Eric Heil asking if at the time when the Village at Avon Construction and Walmart were built, a deferment of Sales Tax took place until there was occupancy in those new buildings, stating he had heard it was the case. He asked that if there is a precedent to defer sales tax, the Town look into it for the Annexation process currently ongoing. Kelly Drescher, resident of Avon, took the podium to speak of the new skier bus loop at Wildridge to Beaver Creek, which she doesn’t want to see go away but cannot currently use to the existing bus schedule. She if that ski bus schedule could be expanded to additional times in the midday, every two hours, in additional locations, given that she considers it a benefit that could be enhanced for the neighbors of Wildridge. No other public comment was made in person nor virtually. 5. BUSINESS ITEMS 5.1. Swearing in of Detective Sergeant Hererra, Sergeant Gaspard, Detective Reno, and Officer Carlton (Chief of Police Greg Daly) Video Start Time: 00:12:10 Police Chief Greg Daly delivered opening remarks and led the ceremony related to the swearing-in of Detective Sergeant Hererra, Sergeant Gaspard, Detective Reno, and Officer Carlton and their families as they take their oaths as Avon Police Department’s newest Detective Sergeant, Patrol Sergeant, Detective and Police Officer and receive their badges. Mayor Phillips read a statement on the professional qualifications of the officers involved in the swearing-in ceremony. Town Clerk Miguel Jauregui Casanueva administered the Oath of Office to the officers involved in the swearing- in ceremony. A photograph of the swearing-in ceremony was captured among Councilors and Officers. 5.2. Chiefs Community Partnership Awards for Shop with a Cop (Chief of Police Greg Daly) Video Start Time: 00:19:22 Police Chief Greg Daly delivered his presentation related to the Chiefs Community Partnership Awards to community members, organizations, and businesses for their support of the annual “Shop with a Cop” event that occurred on December 5, 2023. He noted Avon PD Officers picked up and transported, with the assistance of Avon Transit, twenty-nine Avon Elementary children under the supervision of a Police Officer, PD Staff member, PD Volunteer, Avon Human Resources representative or a Firefighter from Eagle River Fire Avon Engine 11. He explained that each child selected under the program gets to spend $150 dollars on presents for their families. Chief Daly also recognized Keely, Brian, and Kyle Mingham, Holy Cross Energy, Westin Riverfront Resort and AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 13, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 3 Spa, Foods of Vail- treats, and Walmart- staff, for collaborating with 100+ kids selected by the program. Chief Daly also recognized Avon PD Volunteer Coordinator Patty Peterson’s volunteers and neighbors that came and helped wrap presents with the children. 5.3. PUBLIC HEARING: Second Reading Ordinance No. 24-02 Adopting Amendments to Avon Comprehensive Plan to Designate Town Properties for Community Housing Use in the Future Land Use Map (Planning Manager Jena Skinner) Video Start Time: 00:27:03 Planning Manager Jena Skinner delivered her presentation related to the second reading of Ordinance No. 24-02 adopting amendments to the Avon Comprehensive Plan to designate Town Properties for Community Housing Use in the Future Land Use Map. She highlighted that she incorporated all of Council’s feedback she received prior during first reading of the Ordinance. Mayor Phillips opened the floor to public hearing related to the Second Reading of Ordinance 24- 02, and Tim McMahon, resident of Avon, took the podium to ask what the definition of Community Housing means under this ordinance, and was explained the definition by Town Manager Eric Heil. No other public comment was made in person nor virtually. Mayor Phillips stated that in Goal E.2. of the Ordinance, language used refers to attainable housing instead of community housing and asked this correction to be made in the final version. After deliberations, Councilor Stanley motioned to approve the second reading of Ordinance 24- 02, with the correction indicated in the paragraph above. Councilor Hardy seconded the motion. It was approved unanimously with a 6-0 vote of those present. 5.4. Discussion of 2024 Appointments to Boards and Commissions (Chief Administrative Officer Ineke de Jong) Video Start Time: 00:34:36 Chief Administrative Officer Ineke de Jong led the discussion related to the Town of Avon’s 2024 Appointments to Boards and Commissions and delivered a presentation on each of the Councilor assignments proposed, effective February 13, 2024. Councilors discussed the appointments highlighted in the report. Relative to Page 2 of the Report, Councilor Carroll noted that former Town Attorney Karl Hanlon was still included in the memo as the representative for CML. Town Manager Eric Heil recommended that Hanlon be replaced by Interim Town Attorney Nina P. Williams, which Councilors agreed to. Mayor Phillips mentioned that the Avon Downtown Development Authority (DDA) appointment was only highlighted in the report given that it is a new addition to this living document, and for now Councilor Carroll is primary and Councilor Thuon is alternate at the Avon DDA. AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 13, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 4 Relative to Page 5 of the Report, Mayor Phillips directed staff to appoint Danita Dempsey to the Vail Valley Art Guild and asked if a Councilor would be willing to volunteer to the Art Guild’s Council Seat. Councilor Stanley volunteered given that she is already immersed in the arts under the CASE Committee. Town Manager Eric Heil volunteered to be her alternate. Relative to Page 4 of the Report, Mayor Phillips volunteered to be an alternate for the Health and Rec Committee, as Ex-Officio 2 to Mayor Pro Tem Underwood who is already Ex-Officio 1. Rec Director Michael Labagh joined de Jong at the podium to further discuss meeting times and retention at the Health and Rec Committee Relative to Page 3 of the Report, Mayor Phillips brought up the Finance Committee and Councilor Carroll asked Town Manager Eric Heil how they will overlap given that the Finance Committee is set to expire at the end of the year on December 31, 2024. Heil noted that the plan is to contact all Finance Committee Members and advise them of the expiration of the Committee given that it has been dormant for a while. Mayor Pro Tem Underwood added that historically, the Finance Committee was formed when the Town had been without Town Manager for a while and the Community was questioning transparency on budgeting, both of which have now been remedied. Mayor Pro Tem Underwood asked if Town Manager Eric Heil needs to be appointed as the Town’s Representative for the Eagle County Housing Authority Advisory Committee. Heil noted Doug Jimenez used to represent Avon at that Committee and with his recent resignation, it makes it efficient for Heil to take over that committee seat. No other public comment was made in person nor virtually. After deliberations, Mayor Pro Tem Underwood motioned to approve the Town of Avon’s 2024 Appointments to Boards and Commissions as discussed above. Councilor Carroll seconded the motion. It was approved unanimously with a 6-0 vote of those present. 5.5. Work Session: Council Direction regarding Letters of Support (Chief Administrative Officer Ineke de Jong and Town Manager Eric Heil) Video Start Time: 00:53:51 Chief Administrative Officer Ineke de Jong led the work session to obtain general direction for staff to have a policy on how to effectively respond to Letters of Support. She noted the Town of Avon often receives requests to submit letters of support for certain initiatives, or applications, or to sign- on to letters that take a stance on issues. She highlighted these requests are usually time-sensitive and cannot wait until the next Council meeting, often in line with the Town’s general work, values & vision, and Council should consider when it is appropriate to sign a letter as Council versus Council members signing individually, or through the endorsement of the Mayor and Town Manager on their behalf. Town Manager Eric Heil stated he believes it is very difficult to define a policy that clearly indicates when letter of support requests should be reviewed by Council as a whole and when the Mayor or AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 13, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 5 Manager should sign. He indicated there are many times when it is in Avon’s interest to support a policy decision and the timing is too quick to include on a Council meeting (e.g. Bolts Lake Letter), so some level of delegation to Mayor and Manager would be helpful. The proposal was to delegate the signing of Letters of Support to the Town Manager and the Mayor. Councilor Carroll stated he would be comfortable supporting general guidelines for that concept, but a strict black and white guideline will be hard to come up with. Councilor Hardy noted she has faith in the current Town Manager and Mayor, but not so in previous ones. She said she can support this concept right now but would want an immediate email after the Town Manager and Mayor issue any Letters of Support. Also, this should get addressed whenever there’s a new Town Manager that is hired. Councilor Stanley agreed with Councilor Hardy. Mayor Pro Tem Underwood highlighted that people who ask for letters of support should know that these take time to gather such support in public meetings. Councilor Thuon highlighted that he was forgotten by Mayor Phillips in being asked for feedback on this topic, and then added he did not have any additional thoughts because it upset him to be forgotten. No public comment was made in person nor virtually. As this was a work session, no motion was made and sufficient direction was given to staff to move forward on a proposal to address the issue. 5.6. Resolution 24-02 Approving Expenditures From Community Enhancement Fund (Chief Administrative Officer Ineke de Jong) Video Start Time: 01:05:04 Chief Administrative Officer Ineke de Jong delivered a presentation related to the approval of expenditures for events funded by the Community Enhancement Fund, with a focus to the Net- Zero Building Expo event to take place on April 8, 2024. Councilor Carroll asked why, in the memo, it talks about approving $20,000 for the Undergrounding Building Electrification Conference, when it is not in the motion nor the resolution. Town Manager Eric Heil suggested that the motion to approve Resolution 24-02 be amended to include a reference to Exhibit A and Attachment B which include specific amounts. No public comment was made in person nor virtually. After deliberations, Councilor Carroll motioned to approve Resolution 24-02, including a revision in the Resolution to include references to Exhibit A and Attachment B. Mayor Pro Tem Underwood seconded the motion. It was approved unanimously with a 6-0 vote of those present. 5.7. Notice of Award: Upper Buck Creek Road Asphalt Overlay Project (Project Engineer Jim Horsley) Video Start Time: 01:12:26 Project Engineer Jim Horsley delivered a presentation related to the Notice of Award of the Upper Buck Creek Road Asphalt Overlay Project. He explained it is approximately a mile of roadway that was last paved in 2002 and essentially a maintenance project. Councilor Carroll noted that there were a couple of bids that were higher and some that were much lower and wondered why that AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 13, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 6 was the case. Horsley explained that the lower bids were because two of the lower bidders have greater control on asphalt production and pricing and two of the higher cost bidders cannot control the cost of asphalt and need to estimate that more conservatively. He was also asked to speak about the traffic impacts of the project. Mayor Pro Tem Underwood noted that the project will commence in the month of May and be completed June 30th at the latest, with the goal to complete it in 4 weeks by mid-May. No public comment was made in person nor virtually. After deliberations, Mayor Pro Tem Underwood motioned to approve the notice of award. Councilor Hardy seconded the motion. It was approved unanimously with a 6-0 vote of those present. 6. MINUTES 6.1. Approval of January 23, 2024 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) Video Start Time: 01:20:02 Councilor Carroll presented a motion to approve the Minutes from January 23, 2024. Councilor Hardy seconded the motion. They were approved unanimously with a 6-0 vote of those present. 7. WRITTEN REPORTS 7.1. February 6th Planning and Zoning Commission Meeting Abstract (Planner II Max Morgan) 7.2. 2024 Planning and Zoning Commission Meeting Schedule (Community Development Coordinator Emily Block) 7.3. Draft January 18 CASE Committee Meeting Minutes (Special Events Coordinator Chelsea van Winkle) 7.4. Quarterly RETT Report (Financial Analyst Chase Simmons) 7.5. Recent I-70 Coalition Advocacy (Public Works Director Eva Wilson) 7.6. Upper Eagle Regional Water Authority December 7, 2023 Meeting Summary (Mayor Pro Tem Tamra Underwood) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 01:20:43 Councilor Thuon asked Town Manager Eric Heil if the Town was fully staffed with enough plow drivers and noted that the cul-de-sac area in Wildridge near his residency has been very neglected this winter and asked that more attention be given to that area’s snow removal since it is now the second or third year that it has been neglected. He added that he speaks on behalf of the tax paying network of town in Wildridge on behalf of his neighbors . He also asked that a Town Manager completes a walk-through of the Wildridge neighborhood at least once a month, so these maintenance issues get caught. Mayor Pro Tem Underwood noted that the Eagle County Leaders Community and Ride Day at AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 13, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 7 Beaver Creek is scheduled for this Friday February 16, at Centennial Express chairlift in and is an opportunity to ride with county commissioners, managers, and councilors. Mayor Phillips noted that tomorrow, February 14, 2024 at 12:00 p.m. noon will be the Eagle Valley Transit Authority meeting at Avon Council Chambers and the public is invited to attend, noting an increase in overall ridership this year. Chief Administrative Officer Ineke de Jong reminded the public that the next Council meeting will be virtual-only because elections activities will be held the week leading up to March 5th and Council Chambers will be repurposed for use as Avon’s voting center. 9. EXECUTIVE SESSION Video Start Time: 01:27:14 At 6:31 p.m., Mayor Phillips requested a motion to proceed into Executive Session for the purpose outlined in the Agenda. Mayor Pro Tem motioned to proceed into Executive Session. Councilor Carroll seconded the motion. It was approved unanimously with a 6-0 vote of those present. The executive session began at 6:41 p.m. The executive session ended at 7:13 p.m. 9. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 7:13 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 970-748-4014 mmorgan@avon.org TO: Honorable Mayor Phillips and Council Members FROM: Max Morgan, Planner II RE: Short Term Rental Report DATE: February 14, 2024 SUMMARY: This report is intended to provide an update to Avon Town Council on Short Term Rentals (“STRs”) in the Town. No action is requested from Council. INTRODUCTION: In 2018, the Town of Avon adopted a Community Housing Plan to address widespread housing needs in the region. The plan proposed revisions to the Town’s STR regulations including: • Evaluation of properties which operate as a condo-hotel or timeshare; have traditionally hosted Short Term Rentals; provide amenities that are visitor oriented; or are in close proximity to Avon’s commercial core. • Evaluation of residential properties that have traditionally not had a significant number of Short Term Rental licenses or units; or are in proximity to community anchors, such as the Avon elementary school, which are more oriented for full-time resident use. • Reconsideration of the existing boundaries of the Short Term Rental Overlay District. • Consideration of a second tier Short Term Rental Overlay that requires owner occupancy of the residence while allowing Short Term Rental of a portion of the residence to defray housing costs. • Consideration of minimum standards for operation and maintenance of Short Term Rental units. • Review of Short Term Rental regulations adopted by other mountain resort communities, including a cap on licenses. In 2022, Town Council approved and adopted Ordinance 22-08 and Ordinance 22-09. These ordinances, in combination, updated the Town’s STR licensing and administration program to include many of these revisions. The results of Ordinance 22-08 and Ordinance 22-09 include: • Four distinct STR license-types: o STR-Full – a “traditional” STR license that allows for unlimited nights of rental per year  This license-type has a 15% cap by property in the STR Overlay District but outside Town Core (See Figure 1-1) o STR-Resident Occupied – a license available for primary residents who “host” guests and are physically present for their stay o STR-Limited – an STR license that allows for forty-two (42) nights of rental for the year the license is valid o Front Desk – a “bulk” license for properties with a 24-hour managed front desk that want to license multiple units at the same property  Seven properties in Avon qualify for this license-type • A revised Short Term Rental Overlay District, including a subarea with a 15% cap by property for STR-Full licenses • New email account specific to STR inquiries • New intake form specific to STR complaints • New online application and renewal form • Updated fees In order to affect these changes and capture STR licensing data, the Town required all STR license holders to apply for a license under the new program, even if they had an existing license. Of the 337 current licenses, 261, or 77%, were license-holders in the Town’s previous STR management program. 970-748-4014 mmorgan@avon.org Figure 1 - STR OVERLAY DISTRICT LICENSES BY TYPE: The Town currently has 337 properties with active STR licenses. The large majority of STR licenses are STR-Full. Six of the seven properties eligible for a Front-Desk Managed STR licenses acquired one in the last year. Table 1-1 STR Licenses by Type License Type # of Properties Licensed % of Total Properties Licensed Full 305 90.5% Resident Occupied 20 5.9% Limited 6 1.8% Front Desk 6 1.8% Total 337 100.0% 970-748-4014 mmorgan@avon.org LICENSES BY LOCATION: 119 of the 337 total properties are in the portion of the STR Overlay District subject to the 15% STR-Full licensing cap. Prior to adoption of Ordinance 22-08 and Ordinance 22-09, 109 properties in the same area held STR licenses. STR License by Location Location in Overlay # of Licenses % of Licenses Town Center 218 64.7% Outside Town Center (15% Cap on STR-Full Licenses by Property) 119 35.3% Total 337 100.0% Twenty (20) unique properties in the STR Overlay District but outside Town Core have at least one STR-Full license (ATTACHMENT A – 2.16.24 Property Table). At least six (6) more properties appear eligible for at least one STR- Full license, although HOA agreements may privately restrict this eligibility unbeknownst to Staff. While these properties represent the area subject to the 15% cap by property for STR-Full licenses, the Town allowed for active license-holders to acquire a new, required license regardless of the new cap in a process called “grandfathering”. As a result, seventeen (17) of those twenty (20) properties are above the15% limit for STR-Full licenses. LICENSING REVENUE: In 2022, the Town updated STR licensing fees from a $75 flat rate to new fee structure scaled for bedroom counts and licensing-types. The Town refunded current license holders the $75 each license- holder paid for their previous license. Table 1-3 STR Licensing Revenue License Type # of Licenses Cost per License Revenue Full / Limited- 1 bedroom 57 $350 $19,950 Full / Limited- 2 bedrooms 150 $400 $60,000 Full / Limited- 3 bedrooms 108 $450 $48,600 Full / Limited- 4 or more bedrooms 25 $500 $12,500 Resident Occupied 22 $150 $1,725 Front Desk 6 $250 + $25 per bedroom $46,950 Subtotal 368* NA $189,725 Total Refunded from Grandfathering 261 ($75) ($19,575) Total $170,150 *31 licenses have been cancelled, revoked, or discontinued 970-748-4014 mmorgan@avon.org STAFF DUTIES & ADMINISTRATION: STR licensing and administration is performed jointly by the Finance Department and Community Development. The Avon Police Department should also be acknowledged for their time and attention dedicated to responding to issues and incidents involving STRs. Staff collaborate to review license applications for completeness and eligibility, process waivers, assign fees and provide the actual license. Additionally, Staff update web materials that report available licenses, conduct intake on questions and concerns, and address substantiated complaints. Staff recently created a Notify Me subscription so members of the public can receive a notification when STR licensing statistics change. The Town does not maintain a waitlist for licenses. In 2023, the Town received six (6) complaints concerning STRs, and two (2) warnings were issued to two (2) STR license-holders respectively. Noncompliant and unlicensed STRs require even more time and energy from Staff, compared to complaints and subsequent warnings. These cases typically require personal contact from Staff to the license-holder, a notice of violation through certified mail, court summons, or other punitive action. In 2023, the Town issued four (4) court summonses for unlicensed STRs. Thank you, Max ATTACHMENT A: 2.16.24 Property Table February 6 ATTACHMENT A 970-748-4044 dstockdale@avon.org TO: Honorable Mayor Amy Philips and Council Members FROM: Dean Stockdale, Senior Accountant RE: Financial Report – January, December & Annual 2023 data DATE: February 16th, 2024 SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and short-term rental tax for December 2023 and the recreation fees and real estate transfer tax revenues for January 2024. BACKGROUND: The percentage variance, or comparative change is reflected in the analysis portion of this report in respect to each individual section for December revenues in 2023 and January 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 – December 2023: December sales tax revenues totaled $1,804,560. This is a decrease of $194,935 or 9.75% compared to December 2022 sales tax revenue of $1,999,495. Unfavorable accommodations sale tax due to decrease in sales tax from multiple businesses along with late sales tax payment. DECEMBER 2022 v DECEMBER 2023 SALES TAX COMPARISON BY INDUSTRY November 2022 November 2023 Increase/Decrease Home/Garden $156,927.25 $131,462.55 ($25,464.70) Grocery/Specialty/Health $392,645.58 $401,223.86 $8,578.28 Sporting Goods Retail/Rental $209,039.03 $187,937.14 ($21,101.89) Miscellaneous Retail $79,892.36 $72,550.45 ($7,341.91) Accommodations $326,037.55 $159,087.65 ($166,949.90) Restaurants/Bars $223,404.26 $250,655.33 $27,251.07 Other $41,421.27 $36,786.76 ($4,634.51) Service Related $76,273.11 $112,427.24 $36,154.13 Liquor Stores $76,895.96 $47,465.56 ($29,430.40) E-Commerce Retail $104,638.48 $105,894.62 $1,256.14 Manufacturing/Wholesale $126,336.85 $88,654.87 ($37,681.98) Construction Related Services $133,890.36 $154,645.61 $20,755.25 Digital Media Suppliers/Sellers $21,638.64 $25,400.38 $3,761.74 Commercial/Industrial Equipment $30,455.19 $30,332.37 ($122.82) Special Events $0.00 $0.00 $0.00 TOTAL $1,999,495.89 $1,804,560.24 ($194,935.65) Page 2 of 12 Sales Tax: December 2023 Budget v Actual Collections: December 2023 sales tax revenues totaled $1,804,560.24. This is a decrease of $180,796 over the December 2023 estimates of $1,985,357. This is 9.11% below the adopted 2023 budget (based on a 3-year average). DECEMBER 2023 BUDGET v ACTUAL COLLECTIONS - SALES TAX 2023 Budget 2023 Actual Dollar Variance Percentage Variance December $1,985,357.21 $1,804,560.24 ($180,796.97) (9.11%) 1,460,062.64 1,496,576.53 1,734,151.62 1,999,495.89 $1,804,560.24 2.50% 15.87% 15.30% -9.75% $300,000 $500,000 $700,000 $900,000 $1,100,000 $1,300,000 $1,500,000 $1,700,000 $1,900,000 $2,100,000 2019 2020 2021 2022 2023 2019-2023 December Sales Tax Revenue Trend Page 3 of 12 Accommodation Tax: Revenues – December 2023: Accommodation tax revenues totaled $254,038 for the month of December. This is a decrease of $86,091 or 25.31% compared to December 2022 accommodation tax revenues, which totaled $340,130. Accommodation tax collections by industry type for December 2023 compared to December 2022 reported a decrease for Hotels, Vacation Rentals and Timeshares. DECEMBER 2022 v DECEMBER 2023 ACCOMMODATION TAX COMPARISON BY INDUSTRY December 2022 December 2023 Increase/(Decrease) Timeshares $35,654.95 $31,778.32 ($3,876.63) Hotels $140,826.84 $101,587.24 ($39,239.60) Vacation Rentals $163,648.37 $120,673.37 ($42,975.00) TOTAL $340,130.16 $254,038.93 ($86,091.23) December 2023 Budget v Actual Collections: December 2023 accommodation tax revenues totaled $254,038. This is a decrease of $158,186 over the December 2023 estimates of $412,225. This is 38.37% below the adopted 2023 budget (based on a 3-year average). DECEMBER 2023 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX 2023 Budget 2023 Actual Dollar Variance Percentage Variance December $412,225.58 $254,038.93 ($158,186.65) (38.37%) 219,964 192,249 381,635 340,130 254,039 -12.60% 98.51% -10.88% -25.31% $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 2019 2020 2021 2022 2023 2019-2023 December Accommodation Tax Revenue Trend Page 4 of 12 Short Term Rental Tax for CH: Revenues – December 2023: STR Tax for Community Housing totaled $115,359 for the month of December. This is a decrease of $41,285 or 26.36% compared to December 2022. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential. DECEMBER 2022 v DECEMBER 2023 STR TAX FOR CH COMPARISON BY INDUSTRY December 2022 December 2023 Increase/(Decrease) Timeshares $17,827.48 $15,889.15 ($1,938.33) Hotels $59,095.35 $41,768.90 ($17,326.45) Vacation Rentals $79,722.83 $57,701.64 ($22,021.19) TOTAL $156,645.66 $115,359.69 ($41,285.97) Tobacco & Cigarette Tax: Revenues – December 2023: Tobacco tax revenues totaled $34,560 and cigarette tax revenues totaled $22,349 for December 2023. Compared to December 2022 revenues, this is a decrease of $1,287 for tobacco tax revenues, which totaled $35,847 and a decrease of $2,067 for cigarette tax revenues, which totaled $24,417. 12,560 27,733 31,159 35,848 34,560 120.81% 12.35% 15.05%-3.59% - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 2019 2020 2021 2022 2023 2019-2023 December Tobacco Tax Revenue Trend Page 5 of 12 December 2023 Adopted Budget v Actual Collections: December 2023 tobacco and cigarette tax revenues totaled $34,560 and $22,349, respectively. This is a decrease of $1,563, over the December 2023 budget for tobacco tax, which is $36,123 and a decrease of $277.50 over the December 2023 budget for cigarette tax estimates, which is $22,626 which is based on a 3-year average. DECEMBER 2023 BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES 2023 Budget 2023 Actual Dollar Variance Percentage Variance Tobacco $36,123.81 $34,560.18 ($1,563.63) (4.33%) Cigarettes $22,626.96 $22,349.46 ($277.50) (1.23%) Total ($1,841.13) 16,158 23,613 22,848 24,417 22,349 46.14% -3.24%6.87% -8.47% - 5,000 10,000 15,000 20,000 25,000 30,000 2019 2020 2021 2022 2023 2019-2023 December Cigarette Excise Tax Revenue Trend Page 6 of 12 Real Estate Transfer Tax: Revenues – January 2024: January 2024 real estate transfer tax totaled $376,260. Compared to January 2023, which totaled $153,012, this is an increase of $223,248. This is a decrease of $90,079 over the January 2024 budget which was based on a 3-year average. The favorable real estate transfer tax was primarily due to sales from the Frontgate project. January 2024 BUDGET v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES 2024 Budget 2024 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $466,340.36 $376,260.85 ($90,079.51) (19.32%) $72,520 $179,670 $219,256 $153,012 $376,261 147.75% 22.03% -30.21% 145.90% $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 2019 2020 2021 2022 2023 Real Estate Transfer Tax January Revenue Trends Page 7 of 12 Recreation Center Fees: Revenues – January 2024 Admissions & Program Fees: Recreation admission revenues for January 2024 totaled $116,547 is an increase of $13,216 compared to January 2023 which totaled $103,331. This is $42,966 above the adopted 2024 budget estimates of $73,580. Recreation program fee revenues for January 2024 totaled $25,311. This is a decrease of $10,991 compared to 2023, which totaled $36,303 This is $1,388 below the adopted 2024 budget estimates, which is $26,699 which is calculated based on a 3-year average. $26,096 $27,872 $20,005 $20,808 $25,311 6.81% -28.23% 4.01% 21.64% $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 2019 2020 2021 2022 2023 Recreation Program Fees January Revenue Trends 79,232 28,279 76,597 103,331 116,547 -64.31% 170.86% 34.90% 12.79% - 20,000 40,000 60,000 80,000 100,000 120,000 140,000 2020 2021 2022 2023 2024 Recreation Admissions January Revenue Trends Page 8 of 12 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 Annual Revenue Comparison 2022 2023 Dollar Variance Percentage Variance Sales Tax $12,993,832.73 $13,237,958.31 $244,125.58 1.88% Acc. Tax $2,494,461.49 $2,317,647.70 ($176,813.79) (7.09%) STR Tax for CH $1,122,658.97 $1,038,192.89 ($84,466.08) (7.52%) Tobacco Tax $348,931.52 $374,119.86 $25,188.34 7.22% Cigarette Tax $249,098.31 $254,013.96 $4,915.65 1.97% Rec Admissions $1,130,236.47 $1,309,084.88 $178,848.41 15.82% Rec Program Fees $338,313.61 $427,900.37 $89,586.76 26.48% TOTAL $18,677,533.10 $18,958,917.97 $281,384.87 1.51% 2023 Revenue Comparison – Budget v Actual Budget Actual Dollar Variance Percentage Variance Sales Tax $12,730,885.00 $13,237,958.31 $507,073.31 3.98% Acc. Tax $2,671,268.00 $2,317,647.70 ($353,620.30) (13.24%) STR Tax for CH $1,030,000.00 $1,038,192.89 $8,192.89 0.80% Tobacco Tax $330,000.00 $374,119.86 $44,119.86 13.37% Cigarette Tax $245,000.00 $254,013.96 $9,013.96 3.68% Rec Admissions $1,100,000.00 $1,309,084.88 $209,084.88 19.01% Rec Program Fees $404,540.00 $427,900.37 $23,360.37 5.77% TOTAL $18,511,693.00 $18,958,917.97 $447,224.97 2.42% Page 9 of 12 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 $4,500,000.00 $6,494,128.93 $1,994,128.93 44.31% 2022 Actual 2023 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $5,766,046.08 $6,494,128.93 $728,082.85 12.63% New and Renewed Business and STR Licenses – January 2023 v 2024: The total number of business licenses issued for January was 113. This was down 12 licenses or 9.6% from January 2023. The total number of STR licenses issued for January was 17. Compared to January 2023 the STR licenses down 22 licenses or 56.4%. 2024 v 2023 – Business and STR Licenses Period 1/1 – 1/31 2024 2023 License Variance Percentage Variance Business License - Vendor 88 98 (10) (10.2%) Business License – Fixed Location 20 21 (1) (4.8%) Business License – Home Occupation 5 6 (1) (16.7%) Business License – Special Event 0 0 0 0 TOTAL BUSINESS LICENSES 113 125 (12) (9.6%) STR License 17 39 (22) (56.4%) Page 10 of 12 Annual Business and STR Licenses – 2022 v 2023: The total number of business licenses issued for 2023 was 1,122. This was down 122 licenses or 9.8% from 2022. The total number of STR licenses issued - 20.00 40.00 60.00 80.00 100.00 120.00 Business License - Vendor Business License - Fixed Location Business License - Home Occupation Business License - Special Event Business Licenses Issued 1/1 -1/31 2022 2023 2024 0 5 10 15 20 25 30 35 40 45 STR License STR Licenses Issued 1/1 -1/31 2022 2023 2024 Page 11 of 12 for 2023 is 385. Compared to 2022 the STR licenses are up 128 licenses or 59.8% from the prior year. The favorable variance to the prior year is due to the changes made to the STR license regulations that started last November and there were some delays in licenses being issued. - 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 Business Licenses Issued 1/1 -12/31 2021 2022 2023 2023 v 2022 – Business and STR Licenses Period 1/1 – 12/31 2023 2022 License Variance Percentage Variance Business License - Vendor 841 916 (75) (8.2%) Business License – Fixed Location 200 231 (31) (13.4%) Business License – Home Occupation 53 64 (11) (17.2%) Business License – Special Event 28 33 (5) (15.2%) TOTAL BUSINESS LICENSES 1,122 1,244 (122) (9.8%) STR License 385 257 128 49.8% Page 12 of 12 EXPENDITURES: JANUARY 2024 General Fund YTD Actuals v 2024 Budget: General Fund expenditures through January 2024 total $1,426,253 which is 5.48% 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 January 2024 total $113,452 which is 2.95% 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 January 2024 total $85,970 which is 3.94% 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: There have been no Capital Improvement expenditures through January 2024. Thank you, Dean 0 50 100 150 200 250 300 350 400 450 STR License STR Licenses Issued 1/1 -12/31 2021 2022 2023 970-748-4083 clin@avon.org TO: Honorable Mayor Phillips and Council members FROM: Charlotte Lin, Sustainability Coordinator RE: Bi-monthly Sustainability Updates DATE: February 20, 2024 SUMMARY: This report provides an update for all Sustainability and Climate Action initiatives at the Town of Avon within the timeframe of January to February 2024. No action is required by Council. BACKGROUND: Following the highly productive implementation of Town of Avon’s Climate Action & Sustainability programs in 2023, the Town continues into 2024 with 6 Sustainability Goals, 15 Sustainability Projects and 10 ongoing Sustainability Duties. The progress of these programs is reported in the table below as appropriate in the January to February 2024 timeframe. It is important to acknowledge that the progress we have made is the result of the collaborative efforts of many TOA staff . SUSTAINABILITY UPDATES: Official Sustainability Department Goals 2024 Official Goals What this goal accomplishes Progress January – February 2024 1. Avon Residential Composting Research Develop options with identified costs for a community wide composting program, or initial pilot project, to be implemented in 2024. • Received USDA Composting and Food Waste Reduction Program grant decision on January 26. Unfortunately, the Avon- Vail joint proposal did not receive funding. • Pivoted the composting goal to look at establishing a residential curbside pilot program like the one in West Vail. • There has been interest from Wildridge residents for a residential curbside program. • Planning community outreach via the Community Survey 2024. • Studying the West Vail program and the RFP for curbside compost hauler. 2. GHG Inventory Add-on: Avon Net Zero Forecasting Utilize the 2019 and 2022 GHG inventory data to create a comprehensive net- zero forecast. • Finalized and signed contract with ICLEI (International Council for Local Environmental Initiatives) to conduct a community-wide Wedge Analysis based on the reviewed 2019 and 2022 GHG inventories. • The Wedge Analysis will help identify high impact actions that will align Avon with the net zero emissions goal as quickly as possible. • This work is set to begin in March. 3. Climate Action Investment Matrix Assist with understanding return on investment and identify priority areas for Climate Action programs. • Researched and reviewed climate cost analysis work in other municipalities (e.g. City of Aspen, City of Ann Arbor, etc.) to inform our strategies and work plan. • Reviewed current progress and determined next steps in 2024. • Reorganizing a list of climate action programs in Avon for the investment-impact analysis. Page 2 of 6 4. Promote Weatherization and Electrification Program for the Aspens Leverage and promote Eagle County and NWCCOG’s existing weatherization and electrification program to the Aspen community. • In 2023, finished conducting thorough research on existing weatherization and electrification programs available to Eagle County and Avon. • Determining a realistic goal of promoting weatherization and electrification programs specifically for the Aspens community. • Collaborating with Walking Mountains/Energy Smart Colorado program to reach this goal with higher efficiency. 5. Recycling Center Upgrade Collaborate with Avon Public Works Department and Eagle County to elevate the Avon Recycling Center, enhancing safety and user experience. • Eagle County approved the budget of $100,000 as the County’s portion to upgrade the Avon Recycling Center. This will provide new equipment such as a cardboard compactor and new catwalks for the recycling center. • Applied for the RREO grant in January for the Styrofoam densifier equipment; decision should be released by the end of March. • Working with Public Works and Eagle County on a final work plan to upgrade the Recycling Center. 6. Research New Energy Rebates: EVs, EVSE and Battery Storage Research and prepare for the additions new energy rebates to incentivize clean transportation and resilient energy storage solutions. • Conducted initial research about the current status of energy rebates for EVs, EV charging infrastructure and battery storage in the Town of Vail and Edwards Metro District; the only two Eagle County communities that offer these rebates. • All rebates can be administered through Walking Mountains’ Energy Smart program. • Staff will draft a proposal for adding new rebates in 2025 and bring it to Council for discussion. Other Sustainability Projects & Ongoing Duties Sustainability Projects & Ongoing Duties What this program accomplishes Progress January – February 2024 Waste Reduction Monitoring Restaurant Polystyrene Ban Assist restaurants to transition out of polystyrene food containers per the requirement of Ordinance 21-05. • Conducted comprehensive outreach regarding the polystyrene ban by the end of 2023. • Reinforcing the outreach with additional emails to restaurants and social media posts. • Planning in-person restaurant visits to offer additional assistance. Page 3 of 6 Recycling Ordinance: Ongoing Support Continue supporting the Avon community to implement Ordinance 22-13 since it went into effect in November 2023. • Sent out reminder of ordinance compliance and ongoing support through the monthly newsletters in 2024. • Posted reminders of the ordinance and other recycling events such as Christmas tree recycling on social media. • There was lower interest for trainings in the first two months of 2024 compared to 2023, but we are getting inquiries and will continue to provide support to improve our recycling practice. Recycling Ordinance: Waste Diversion Data Collection Collect waste diversion data from all of our haulers per the requirement of Ordinance 22-13. • Developed a data collection spreadsheet consistent with Town of Vail and Walking Mountains (Eagle County) waste data collection practices. • Sent the collection spreadsheet to all haulers and communicated about expectations around deadlines and reporting standards. • So far, all haulers are on track to submit waste diversion data on time. • Conducting additional research to see how to capture more comprehensive waste diversion data beyond hauler collections. Zero Waste at all Town Events Implement the high standards of waste management at all Town events across departments. • This goal was completed in 2023. In 2024, Sustainability staff will reach out to all departments to make sure zero waste event practices are still in place and are well-supported. Energy Efficiency & Electrification Building Net Zero Action Plan Cohort 2024 Achieve the Climate Action Plan priority action “adopting net zero or all-electric construction code for new buildings” through a regional collaboration. • The Town of Avon will participate in the BNZAP cohort along with these neighboring communities: Eagle County, Town of Basalt, Town of Eagle, Town of Gypsum, Town of Minturn, Town of Red Cliff, Town of Vail, Pitkin County, City of Aspen, Town of Snowmass Village, Town of Carbondale, City of Glenwood Springs, and Town of New Castle. • The full proposal (work plan, deliverables and timeline) is included in Attachment A. • The cohort is financially supported by the Colorado Energy Office. They are currently in the process of securing a consulting agency for this work through a bid process. • The cohort should start no later than March 1. Energy Benchmarking of Municipal Buildings (Note: this is an official Public Works Goal with Sustainability as support) Understand Building Benchmarking programs & establish Town of Avon’s own program. • Facilities is ready to start incorporating energy tracking software from THG Energy Solutions to automate and improve the efficiency energy benchmarking of Avon municipal buildings. • Focusing on identifying Building Performance Standards (BPS) and implementing energy efficiency measures of Avon municipal buildings. Net Zero Building Expo (Note: this is an Share expertise on Net Zero development with • Working on confirming speakers; this should be solidified in the next couple of weeks. Page 4 of 6 official Community Development Goal with Sustainability as support) the Eagle County community. • Confirmed nine exhibitors. • Sent the event save-the-date; the formal invitation to follow once speakers are confirmed. • For additional marketing: putting together a blurb for the March newsletter; handing out fliers at job sites and planning for possible Vail Daily ads. Transportation Regional Car Share Program Establish a regional carshare program to reduce vehicle GHG emissions and parking spaces. • Vail took the lead to work on an RFP for a regional carshare pilot program including the communities of Vail, Avon, Minturn and Eagle County. • A potential vendor, Colorado CarShare, was chosen from the RFP process. However, the pilot program needs more data collection and a feasibility study to move forward. • Avon remains interested in a regional carshare collaboration and is actively exploring grant funding to further this goal. Vehicle Idling Prevention Education Promote awareness and support to minimize vehicle idling and reduce associated GHG emissions. • Finalizing signage options to be presented to Avon businesses. • Researching State-level anti-idling education and marketing materials to inform our efforts. • Promoted anti-idling message on TV8. Employee Carpool Program Incentivize and encourage sustainable transportation options for Town employees. • The employee carpool program has continued in 2024 after consistent participation in 2023. • The reimbursement rate was increased to $0.67/mile effective February 2024. Water Conservation Monitoring Climate Action Collaborative Research on Water & Energy Nexus Understand the GHG impact of water treatment and activities in Avon. • The CAC’s Water-Energy Nexus subgroup has been working with Town of Eagle and Town of Minturn to determine GHG emissions associated with millions of gallons of water treated and distributed. Reports will be generated for each participating community, and will include data and system efficiency recommendations. • Priority is going to municipalities outside of ERWSD’s boundaries (Minturn, Eagle, Gypsum). Page 5 of 6 • Communicating with the CAC staff to determine if an analysis makes sense for Avon as there is potential benefit to mitigate GHG emissions from water treatment and distribution. Avon Reusable Bag: Water Conservation Theme Leverage the highly popular Avon reusable bags to promote water and riparian habitat conservation. • The new summer reusable bags were designed using the water conservation theme. The design features a butterfly painting and a caddisfly painting on each side of the bag, with more information on the side panels. (Attachment B). • The new reusable bags are made of recycled plastic water bottles. • The summer bags were distributed internally at the Holiday Party at the end of 2023. • The first round of public distribution will be in May during the Sustainability Fair. Climate Action Planning Avon Greenhouse Gas Inventory Identify the possible extent of Avon’s GHG baseline to measure GHG reduction and effectiveness of Climate Action programs and policies. • The first draft of the Avon GHG inventory report, consisting of the 2019 and 2022 inventories, was completed on February 5. • The Town Manager and the Sustainability Team are conducting thorough review and revision of the GHG inventory report before official release. Education & Communication Sustainability Education & Marketing Increase awareness, support and implementation of Sustainability programs and policies • Planning and creating evergreen content to promote awareness of all Avon’s sustainability programs. • Updating all climate & sustainability pages on Avon.org. Sustainability Grants Continue Managing a Grants Program for Sustainability and Climate Programs Establish a consistent and comprehensive grants program to advance climate action across departments. • The RREO (Recycling Resources Economic Opportunity) Program for a Styrofoam densifier unit was submitted on Jan 5. • Planning grants for the purposes of composting and a carshare program with our grant consultant, Sustainable Strategies. Page 6 of 6 Thank you, Charlotte Attachment A: Building Net Zero Action Plan Cohort – Work Plan & Timeline Attachment B: 2024 Avon Reusable Bags – Water Conservation Theme Regional Roadmap for Net Zero New Construction Work Plan & Timeline Project Purpose The Climate Action Plan for the Eagle County Community’s 2020 Update lists “adopt[ing] net zero or all-electric construction code for new buildings” as a priority action. To that end, the goal of this project is to reduce energy consumption and the associated energy emissions in the built environment for new construction across Eagle, Garfield, and Pitkin Counties. This goal will be achieved through regional collaboration and consistency on strengthening, updating, and adopting future code cycles, aiming for net zero energy new construction by the mid-2030s. The anticipated communities, team, deliverables, scope, tasks, and timeline are outlined below. Participating Communities The list of communities that will be invited to participate include: ● Eagle County ● Town of Avon ● Town of Basalt ● Town of Eagle ● Town of Gypsum ● Town of Minturn ● Town of Red Cliff ● Town of Vail ● Pitkin County ● City of Aspen ● Town of Snowmass Village ● Town of Carbondale ● City of Glenwood Springs ● Town of New Castle Note that the Eagle County communities recently worked together to collaborate on consistent building code updates for the latest building code cycle. This roadmap effort is building on the original collaboration and expanding it to the larger region, including Pitkin and Garfield counties. Some communities within this project may participate to a greater degree than others, as was seen in the Eagle County Code Cohort. We will have a detailed understanding of each community’s commitment to this project closer to launch. Cohort Project Management Team ● Eagle County Representatives ○ Climate Action Collaborative ATTACHMENT A ■Gina McCrackin,Manager ■Will Barror,Coordinator ○Walking Mountains Sustainability ■Nikki Maline,Energy &Buildings Director ●Pitkin County Representatives ○Community Office for Resource Efficiency ■Jake Lapp,Program Support Specialist ■Tara Stitzlein,Project Manager ●Garfield County Representatives ○Clean Energy Economy for the Region ■Alice Laird,Executive Director ■Heidi McCullough,Buildings Specialist ●Technical Consultants ○Southwest Energy Efficiency Project (SWEEP) ■Christine Brinker,Senior Buildings Policy Manager ○Lotus Engineering and Sustainability ■Kim Schlaepfer,Senior Associate ■Claire Kantor,Research Associate ○Shums Coda Associates ■Hope Medina,Code Specialist We expect that one representative from each organization will participate in biweekly project management meetings. Note:The Climate Action Collaborative,Community Office for Resource Efficiency,and Clean Energy Economy for the Region are collectively referred to as “community coordinating entities”throughout this proposal. Deliverables ●Roadmap to net zero new construction (online PDF) ●Appendix summarizing regional workforce challenges and subsequent strategies ●Template for presentation to council/commissioners/trustees ●Community-specific enforcement and compliance recommendations ●Draft resolutions for roadmap adoption Project Scope of Work During the creation of the roadmap,we will ask community coordinating entities to secure commitments from their communities to reach 100 percent net zero energy new construction by a yet to be defined common end date,tentatively 2030.Cohort participants will then collaboratively develop a roadmap of ranked local,achievable,affordable,and equitable policies and strategies to reach the goal.We will also perform engagements and create strategies to overcome the anticipated enforcement,compliance,and workforce challenges associated with our goal. Specific Tasks for All Communities: 1.Project Management: a.Pre-Coordination Meetings with Communities -Cohort project management team to meet with each County’s community coordinating entity team and subsequent local government representatives ahead of project kickoff.The goal of these meetings is to get everyone up to speed on Eagle County Code Cohort work and relevant background information,obtain project buy-in,determine which communities within each County are likely to participate,designate representatives from each community,designate representatives from each community coordinating entity,discuss our participating community expectations, and discuss timeline and next steps. i.Timeline:Week of November 13,2023 -Week of December 11,2023 b.Project Coordination -Cohort project management team to host bi-weekly project check-in meetings,perform monthly invoicing and reporting to the Colorado Energy Office,and use a virtual project management tool for sharing documents,provide updates on tasks and to-dos,etc.One representative from each organization (see Cohort Project Management Team above)to participate in bi-weekly meetings.These meetings will be virtual,approximately 1 hour each. i.Timeline:Week of November 13,2023 -Week of November 11,2024 c.Community Coordinating Entity Board Presentations-Organize,host,and facilitate three presentations to each of the community coordinating entities’ Boards (or equivalent)during regularly scheduled meetings.The first will be a presentation on the scope of work and obtaining agreements for each community’s staff participation,the second will be a mid-point check-in,and the third will be a final presentation of the roadmap. i.Timeline:three presentations to each Board between December 2023 and July 2024 1.Meeting 1:December 2023 2.Meeting 2:March 2024 3.Meeting 3:August 2024 d.Regional Climate Solutions Group Presentations-Organize,host,and facilitate two presentations to the Regional Climate Solutions Group during regularly scheduled monthly meetings.The first will be a mid-point check in,and the second will be a final presentation.The ultimate goal is to gather feedback from partners and support duplication of efforts in other jurisdictions. i.Timeline:Two presentations between March,2024 and July,2024 during regularly scheduled monthly meetings 1.Meeting 1:Thursday,March 21,2024 2.Meeting 2:Thursday,August 15,2024 2.Cohort Meeting Coordination to Develop Roadmap a.Kickoff Workshop -Host a half-day,in person meeting with all participating communities to support partnership building,discuss respective climate action goals,and share relevant background information on the Eagle County Code Cohort.At this meeting,we will confirm the approach for subsequent work, including timing of meetings,intended timing of adoption of net zero codes (if not already adopted),carbon reduction goals,additional related goals for this work (i.e.,equity,enforcement and compliance,and workforce),and other considerations. i.Timeline:Week of January 8,2024 -Week of January 15,2024 b.Cohort Meetings for Roadmap Development -Organize,host,and facilitate a series of five meetings with representatives from each community’s building and, if applicable,sustainability staff.The first meeting will be a task kick-off meeting to discuss timeline,responsibilities,stakeholders to engage,work plan,target year,definitions,and equity considerations.The following meetings will map out amendments and strategies for each upcoming code cycle to arrive at our goal, and will likely include a combination of increased efficiency,onsite renewable energy,renewable heating and cooling,battery storage,and EV-charging infrastructure.These meetings will be virtual,approximately 2 hours each. i.Timeline:Biweekly meetings starting in February 2024 1.Meeting 1:Week of February 12,2024 2.Meeting 2:Week of February 26,2024 3.Meeting 3:Week of March 11,2024 4.Meeting 4:Week of March 25,2024 5.Meeting 5:Week of April 8,2024 c.Research and Policy Recommendations -Consulting team to research net zero strategies,policies,opportunities,and supportive programs.Develop policy recommendations to share with all participating communities. i.Timeline:Week of February 5,2024 -Week of April 8,2024 3.Workforce Analysis a.Workforce Lunch and Learns-Organize,host,and facilitate five lunch and learn style engagements with diverse building communities such as contractors for residential (including multifamily)and commercial buildings,designers,and engineers.Engagements will be casual and discussion-based with the goal of understanding workforce concerns while making decisions related to the roadmap.Engagements themselves will be completed by community coordinating entities’staff.The consulting team will synthesize responses with current regional workforce studies and include anticipated challenges and potential solutions as an appendix of the roadmap.These meetings will be in person,approximately one hour each. i.Timeline:Week of February 19,2024 -Week of March 18,2024 b.Workforce Analysis -Consulting team to sync with current regional workforce studies and synthesize anecdotal responses from the Workforce Lunch and Learns to create a series of identified workforce challenges and opportunities that will be included as an appendix of recommendations in the Roadmap. i.Timeline:Week of February 19,2024 -Week of April 15,2024 4.Develop Roadmap a.Draft Roadmap -Develop a template draft roadmap.Provide support for one round of review with communities,and one round of review with community coordinating entities. i.Timeline:Week of April 8,2024 -Week of May 20,2024 b.Finalize Roadmap -Incorporate edits from community representatives and finalize the roadmap. i.Timeline:Week of May 20,2024 -Week of July 1,2024 c.Graphic Design &Publication -Work with a graphic designer to design the final roadmap.Create an online PDF that will be distributed to each participating community and housed on the community coordinating entities’websites.Publish the roadmap. i.Timeline:Week of July 1,2024 -Week of July 29,2024 d.Presentation Materials -Provide a template for a community council/commission/trustee presentation regarding adoption of the roadmap. Assist buildings/sustainability staff with presentation. i.Timeline:Week of July 29,2024 -Week of August 12,2024 5.Roadmap Adoption,Enforcement,and Compliance a.Presentations to Boards and Councils -Assist buildings/sustainability staff with presentations of the final Roadmap. i.Timeline:Week of August 12,2024 -December 31,2024 1.Note:we added flexibility into presentation timelines as we’ll want to ensure communities have wrapped up their 2021 IECC adoptions prior to presenting the Roadmap,and coordinating presentations amongst all communities will be time intensive. b.Regional Enforcement and Compliance Meetings-Consulting team to host two half-day,in person meetings with all participating communities’building and sustainability staff to understand anticipated challenges managing enforcement and compliance of Roadmap policies.The first meeting will center on determining consistent compliance verification mechanisms to ensure the Roadmap is accomplishable.The second meeting will be a follow up to see where communities have landed.Community-specific concerns and subsequent strategies will be synthesized into community presentations of the Roadmap. c.Timeline:Two meetings in July 2024 and September 2024 i.Meeting 1:Week of July 15,2024 -Week of July 22,2024 ii.Meeting 2:Week of October 14,2024 -Week of October 21,2024 Considerations ●Some communities may still be in the process of updating to the 2021 IECC codes during this project timeline.We will be mindful of staff capacity for those communities whose adoptions are still underway. ●The draft roadmap template (in Word format)will be available to participants by six weeks after the last meeting. ●Finalization,adoption,and implementation will be up to each council/commission/board of trustees. ●Roadmap will be disseminated and shared regionally to support similar rural mountain communities with progressive utilities. ●The final roadmap will be provided to the Colorado Energy Office and will be publicly available for use by other communities within Colorado. ●The 2024 IECC will be published during the roadmap process,and this will inform the roadmap itself.The 2024 IECC will likely include some new appendices that jurisdictions can choose to adopt.Along those lines,the state’s Energy Code Board will begin creating the “Low Energy and Carbon Code”(based on the 2024 IECC +appendices) that communities will be required to adopt alongside any other building code updates after July 1,2026. Participating Community Expectations ●Each participating community will send buildings and sustainability (if applicable)staff to each meeting. ●Community staff will attend and actively participate in all cohort meetings. ●Community staff will arrange and give necessary presentations to community leadership. ●Community staff will champion the 2021 IECC,strengthening amendments,and net zero strategies throughout implementation. We will secure agreements of these expectations from participating communities through the community coordinating entity’s Board meetings or equivalent. Climate Action Collaborative Budget ●N/A;in-kind SWEEP Budget ●N/A;in-kind Lotus &Technical Code Expert Budget Note that the technical code expert budgets are included in Lotus’s overall budget. Proposed Total Project Budget:$90,575.00 Colorado Energy Office (CEO)Funding Request:up to $49,999 Should CEO be able to fulfill our funding request,we will seek funding for the remainder from other partners. ATTACHMENT B Avon Summer Reusable Bag 2024 Side 1 Avon Summer Reusable Bag 2024 Side 2 M E M O R A N D U M TO: Board of Directors FROM: Brian Thompson, Government Affairs Supervisor DATE: Feb. 16, 2024 RE: Summary of Authority’s Jan. 25, 2024, Board Meeting The following is a summary of items discussed at the Authority’s Jan. 25, 2024, board meeting. Directors present and acting were Chair George Gregory, Secretary Kim Bell Williams, Treasurer Geoff Dreyer, Kevin Hillgren, Joanna Kerwin, and Tamra Underwood. EMD Appointment Edwards Metropolitan District updated its Authority board appointments: Joanna Kerwin is the primary representative and Mike Trueblood is the alternate. Resolution Designating Location to Post Notice The board approved a Resolution that designates the ERWSD website as the location to post notice and agendas for UERWA board meetings and adopted the 2024 regular meeting schedule. Records Custodian & Policy Resolution The board approved a resolution designating the Government Affairs Supervisor as the Official Custodian of Records and updating the policy on responding to open records requests with recent additions to the Colorado Open Records Act. Water Supply Contract The board approved a Water Supply Contract with the Colorado River Water Conservation District to lease 50-acre feet annually for a term of 40 years with a 35- year renewal. This lease may be terminated by the Authority at any time. Investment Policy The board approved an updated investment policy. Arrowhead Easements The board approved easements and vacations of easement with Arrowhead Metropolitan District and Vail Resorts, which are necessary to complete the Arrowhead Transmission Main Project. Board Committees Director Hillgren and Director Dreyer were assigned as primary and backup members of the joint board water conservation committee, respectively. Director Kerwin was assigned as the backup member of the budget and audit committees. Meeting Summary Distribution The board agreed that draft meeting summaries may be distributed to UERWA member entities for inclusion in their public meeting packets prior to the Authority board approving the summaries or the associated minutes. 2024 Strategic Priorities Siri Roman presented strategic priorities for the District and Authority. She highlighted water affordability, development of Bolts Lake, wastewater regulatory compliance, and continued innovation as a modern utility. Quarterly Financial Report Jim Cannava discussed preliminary 2023 year-end financials. Bond Issuance Jim Cannava said Standard & Poor’s affirmed the Authority’s “A” rating for the bond issuance. Annual payments will be lower per year than initial projections due to favorable market conditions. Water Main Repairs Brad Zachman reported on recent repairs in Wildridge, Arrowhead, and Beaver Creek. Bolts Lake Reservoir Update Jason Cowles said the Bolts Lake feasibility study has been submitted to the U.S. Bureau of Reclamation. He also said a program manager has been selected and the contracting process is underway. The board discussed funding priorities. Bolts Ditch Act Siri Roman said she will testify before a Congressional subcommittee in support of the federal Bolts Ditch Act. Bolts Ditch is an essential filling source for Bolts Lake; the legislation is necessary for the District and Authority to use, maintain, and repair Bolts Ditch and its headgate, which are located within the Holy Cross Wilderness. Colorado Legislative Session Diane Johnson discussed relevant legislation in the 2024 session. She said a hearing on SB24-005, Prohibit Landscaping Practices for Water Conservation, was being held today, and an associate from the Authority’s water counsel would testify in support of the bill on behalf of the District and Authority. Shoshone Water Rights Preservation Campaign Diane Johnson reported on the campaign to purchase the Shoshone water right. A Colorado River District led coalition is pursuing funding from federal, state, and local sources, including Western Slope entities. CRD staff will present to the Authority and District boards at a special joint meeting on Feb. 22 Eagle Park Reservoir augmentation plan application Kristin Moseley said the Authority’s application for approval of an augmentation plan was filed in Water Court in December. An augmentation plan is necessary for the Authority to use recently acquired Eagle Park Reservoir water.