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TC Packet 12-10-2024_____________________________________________________________________________________ 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 INDIVIDUALS WITH DISABILITIES ARE ENCOURAGED TO PARTICIPATE IN ALL PUBLIC MEETINGS SPONSORED BY THE TOWN OF AVON. IF YOU REQUIRE A DISABILITY ACCOMMODATION, PLEASE CONTACT THE TOWN CLERK, MIGUEL JAUREGUI CASANUEVA, AT 970-748-4001 OR MJAUREGUI@AVON.ORG WITH YOUR REQUEST. REQUESTS SHOULD BE MADE AS SOON AS POSSIBLE BUT NO LATER THAN 72 HOURS BEFORE THE SCHEDULED PUBLIC EVENT. AVON TOWN COUNCIL MEETING AGENDA TUESDAY, December 10, 2024 MEETING BEGINS AT 5:00 PM Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom Zoom registration is on the header at Avon.org AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may be given one (1) additional minute subject to Council approval. 5. CONSENT AGENDA 5.1. Approval of November 19, 2024 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 5.2. Council Action: Kestral Deed Restriction (Housing Planner Patti Liermann) 5.3. Council Action: Intergovernmental Agreement for the funding of the Eagle County Victim Services Unit (Chief of Police Greg Daly) 6. BUSINESS ITEMS PART I 6.1. Notice of Award: Eaglebend Pocket Park (Public Works Director Eva Wilson) 6.2. PUBLIC HEARING: for the Adoption of the 2024 Final Revised Budgets, 2025 Operating Budget, 2025 Capital Projects Fund Budget & Long-Range Capital Program and Tax Levies (Chief Financial Officer Paul Redmond) o Resolution 24-31, Amending the 2024 Town of Avon Operating Funds Budgets o Resolution 24-32, Amending the 2024 Town of Avon Capital Projects Fund Budget o Resolution 24-33, Adopting the 2025 Town of Avon Operating Funds Budget o Resolution 24-34, Adopting the Town of Avon Long-Range Capital Program and Simultaneously Adopt the 2025 Capital Projects Fund Budget o Resolution 24-35, Levying General Property Taxes for the Town of Avon for the 2025 Budget Year o Resolution 24-36, Levying General Property Taxes for the Avon General Improvement District No. 1 for the 2025 Budget Year RECESS to allow Avon Town Council to Convene as the Avon Urban Renewal Authority Board See attached Avon Urban Renewal Authority Agenda RECONVENE the Avon Town Council Meeting 7. OUTGOING COUNCIL 7.1. Proclamations in Appreciation of Service • A Proclamation Thanking RJ Andrade for His Years of Service (Mayor Amy Phillips) • A Proclamation Thanking Amy Phillips for Her Years of Service (Mayor Pro Tem Tamra _____________________________________________________________________________________ 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 INDIVIDUALS WITH DISABILITIES ARE ENCOURAGED TO PARTICIPATE IN ALL PUBLIC MEETINGS SPONSORED BY THE TOWN OF AVON. IF YOU REQUIRE A DISABILITY ACCOMMODATION, PLEASE CONTACT THE TOWN CLERK, MIGUEL JAUREGUI CASANUEVA, AT 970-748-4001 OR MJAUREGUI@AVON.ORG WITH YOUR REQUEST. REQUESTS SHOULD BE MADE AS SOON AS POSSIBLE BUT NO LATER THAN 72 HOURS BEFORE THE SCHEDULED PUBLIC EVENT. Underwood) 7.2. Outgoing Council Comments 7.3. Resolution 24-30: Appointing Buck Allen as Municipal Judge for Town of Avon (Town Clerk Miguel Jauregui Casanueva) 8. BUSINESS ITEMS PART II. 8.1. New Council Swearing In and Election of Officers A. Reading the Names of Newly Elected Council Members (Town Clerk Miguel Jauregui Casanueva) B. Swearing In and Seating of New Council members (Judge Buck Allen) C. Election of Mayor and Mayor Pro Tem 1. Roll Call of New Council 2. Nominate and Elect a Temporary Chairperson 3. Nominate and Elect Mayor a. Nominations b. Statements by Nominees c. Ballot Voting d. Reading of Ballots 4. Nominate and Elect Mayor Pro Tem a. Nominations b. Statements by Nominees c. Ballot Voting d. Reading of Ballots 8.2. Adoption of the 2025 Council Meeting Schedule (Chief Administrative Officer Ineke de Jong) 9. WRITTEN REPORTS 9.1. Upper Eagle Regional Water Authority October 24, 2024 Meeting Summary (Mayor Pro Tem Tamra Underwood) 9.2. November 12th Health & Recreation Committee Draft Meeting Minutes (General Government Fellow Arnell Wade) 9.3. November 18th Planning & Zoning Commission Abstract (Planner II Max Morgan) 9.4. November 21st CASE Committee Draft Meeting Minutes (Special Events Coordinator Emily Dennis) 9.5. Disclosure of Gifts Received (Town Clerk Miguel Jauregui Casanueva) 9.6. Monthly Financials (Senior Accountant Dean Stockdale) 9.7. Signed Letters of Support Summary (Chief Administrative Officer Ineke de Jong) 9.8. Turkey Trot Post Event Update (Recreation Director Michael Labagh) 9.9. Biannual Investment Update (Chief Financial Officer Paul Redmond) 9.10. The Western Rail Coalition letter to Polis & CDOT (Mayor Amy Phillips) 10. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES 11. ADJOURN Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall _____________________________________________________________________________________ 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 INDIVIDUALS WITH DISABILITIES ARE ENCOURAGED TO PARTICIPATE IN ALL PUBLIC MEETINGS SPONSORED BY THE TOWN OF AVON. IF YOU REQUIRE A DISABILITY ACCOMMODATION, PLEASE CONTACT THE TOWN CLERK, MIGUEL JAUREGUI CASANUEVA, AT 970-748-4001 OR MJAUREGUI@AVON.ORG WITH YOUR REQUEST. REQUESTS SHOULD BE MADE AS SOON AS POSSIBLE BUT NO LATER THAN 72 HOURS BEFORE THE SCHEDULED PUBLIC EVENT. permit public comments for any action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 19, 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 November 19, 2024, Council regular meeting to order at 5:00 p.m. A roll call was taken, and Councilors present in person were Rich Carroll, Lindsay Hardy, Ruth Stanley, Mayor Pro Tem Tamra Underwood, and Mayor Amy Phillips. Councilors Chico Thuon and RJ Andrade were absent. They were joined in person by Town Manager Eric Heil, Chief Administration Officer Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Chief Financial Officer Paul Redmond, Public Works Director Eva Wilson, Recreation Director Michael Labagh, Recreation Program Supervisor Luke Herron, Community Development Director Matt Pielsticker, Communications Manager Liz Wood, Planning Manager Jena Skinner, Long Term Housing Planner Patti Liermann, Sustainability Coordinator Sarah Smith-Hymes, and Avon Police Chief Greg Daly. 2. APPROVAL OF AGENDA Video Start Time: 00:01:30 Mayor Phillips initiated the meeting with the Agenda approval process. Mayor Pro Tem Underwood motioned to approve the Agenda, as presented. Councilor Carroll seconded the motion. It was approved unanimously with a 5-0 vote of those present. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:02:02 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and Councilor Hardy disclosed a conflict of interest related to Business Item 6.7, stating she works for the General Contractor who is working on the project for the VVF Early Childhood Education Facility Design and Construction. Mayor Pro Tem Underwood motioned to confirm Councilor Hardy’s conflict of interest. Councilor Carroll seconded the motion. It was approved unanimously with a 4-0 vote of those present, with Councilor Hardy abstaining from voting. No other conflicts of interest were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:03:40 Mayor Phillips explained that public comment can be made by participating in the meeting in person, via zoom’s video/audio, via telephone, or via email. She added that the public comment section is intended for items not listed in the Agenda, and participation by members of the public is limited to 3 minutes. She asked if there was any public comment from those present in the room or virtually and REC Director Michael Labagh and Programing Manager Luke Herron took the podium in person to remind the public of the upcoming Turkey Trot to take place Thursday, November 28th, 2024, from 8:30 a.m. to 11:00 a.m. They also spoke of REC Department’s black Friday punch pass sale. No other public comment was made in person nor virtually. AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 19, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 2 5. CONSENT AGENDA Video Start Time: 00:06:36 Mayor Phillips introduced the approval of the Consent Agenda to include the following: 5.1 Approval of November 12, 2024 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 5.2 Resolution 24-28 Supporting the Grant Application for a Grant from the Department of Local Affairs’ (DOLA) Energy and Mineral Impact Assistance Fund (EIAF) More Housing Now and Land Use Initiative Planning funding and the completion of the Sun Road Planning Project (Town Manager Eric Heil) 5.3 Resolution No. 24-29 Supporting the Grant Application for a Grant from the Department of Local Affairs’ (DOLA) Energy and Mineral Impact Assistance Fund (EIAF) Climate Resilience Challenge funding for the completion of the Avon’s Swift Gulch Public Works Compound Resilience Project (Town Manager Eric Heil) Councilor Carroll motioned to approve the Consent Agenda. Councilor Stanley seconded the motion. It was approved unanimously with a 5-0 vote of those present. 6. BUSINESS ITEMS 6.1. Proclamation: Honoring Tsu Wolin-Brown for Her Years of Service (Mayor Amy Phillips) Video Start Time: 00:06:59 After a brief introduction, Mayor Phillips read the proclamation honoring Tsu Wolin-Brown into the record with unanimous support from her fellow Councilors. A photograph with Council memorializing the proclamation was captured by staff. 6.2. Proclamation: Eagle County Gives Day (John Weiss, Executive Director, small Champions) Video Start Time: 00:11:15 After a brief introduction, Mayor Phillips read the Eagle County Gives Day proclamation into the record with unanimous support from her fellow Councilors. A photograph with Council memorializing the proclamation was captured by staff. With unanimous consensus from Council, Business Item 6.6 was discussed after Business Item 6.2. to allow Beaver Creek Resort COO & VP Bobby Murphy to join the meeting in person to present Business Item 6.3. 6.6. PUBLIC HEARING: Proposed 2025 Budget (Chief Financial Officer Paul Redmond) Video Start Time: 00:18:00 Chief Financial Officer Paul Redmond delivered a presentation related to the proposed 2025 Budget. Mayor Pro Tem Underwood thanked each department for their efforts in tightening their belt for the budget to stay balanced based on conservative estimates for 2025 tax revenues, particularly the accommodations and short-term rental taxes. She asked for Town Clerk Jauregui Casanueva to expand on the change in strategy for the Spanish lesson classes budgeted for 2025, including the hourly raise for Spanish speakers. Additional deliberations AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 19, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 3 included discussions on the 3-mile plan adjustment, the installation of feminine hygiene products dispensers in public restrooms, a discussion on proposition 130 impacting fund availability for Police Training, and a discussion on how the Use Tax exemption on construction materials works for those eligible. Mayor Phillips opened the floor to the public hearing and no public comment was made in person nor virtually. As this was a presentation to Council, no motion was requested, and Staff took note of feedback given by Council. 6.3. Presentation: Beaver Creek Pre-Season Update Winter 2024-2025 (Beaver Creek Resort COO & VP Bobby Murphy) Video Start Time: 00:36:55 Beaver Creek Resort COO & VP Bobby Murphy delivered a presentation related to Beaver Creek’s Pre-Season 2024-2025 Winter Update. He indicated their goal to be the World’s best luxury family resort, with a focus on legendary attention to detail. He fielded questions from Council, including those related to the women’s race and the Birds of Prey race series, and shuttle use and parking alternatives to access Beaver Creek. As this was a presentation to Council, no public comment was received, and Council took note of the information provided by Mr. Murphy. 6.4. Downtown Development Authority Candidate Interviews and Appointment to the DDA Board (Town Clerk Miguel Jauregui Casanueva) Video Start Time: 00:49:01 Town Clerk Miguel Jauregui Casanueva steered the process of selecting candidates to fill the three vacant seats at the Avon DDA Board of Directors. Town Clerk Jauregui indicated that returning applicant, Mr. Marcus Lindholm, would be unable to join the meeting virtually and be interviewed by Council because of the recent birth of his newborn, and read into the record a statement on his behalf which included his preference to be appointed to a board seat expiring on 2028. At the request of Councilor Carroll, Town Clerk Jauregui reviewed the process of filling out the ballot to appoint one candidate to the board seat expiring in 2026 and two candidates to the board seats expiring in 2028. Council was advised that Ms. Lisa Mattis was unable to join the meeting virtually to be interviewed by Council based on a competing meeting which she was attending and was running longer than expected, and she did not have a preference between the 2026 and 2028 seats. Councilors noted they are familiar with Ms. Mattis’ background from her contributions to the CASE Committee and they felt comfortable casting their votes without interviewing Ms. Mattis prior. Council interviewed Mr. Rob Tartre virtually, who added he did not have a preference between the 2026 and 2028 board seats. Council cast the following votes: • Councilor Carroll: Lisa Mattis for the 2026 seat, Marcus Lindholm for the 2028 seat, and Rob Tartre for the 2028 seat. • Councilor Stanley: Lisa Mattis for the 2026 seat, Marcus Lindholm for the 2028 seat, and Rob Tartre for the 2028 seat. AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 19, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 4 • Councilor Hardy: Lisa Mattis for the 2026 seat, Marcus Lindholm for the 2028 seat, and Rob Tartre for the 2028 seat. • Mayor Phillips: Lisa Mattis for the 2026 seat, Marcus Lindholm for the 2028 seat, and Rob Tartre for the 2028 seat. • Mayor Pro Tem Underwood: Lisa Mattis for the 2026 seat, Marcus Lindholm for the 2028 seat, and Rob Tartre for the 2028 seat. After a tally of votes, Ms. Lisa Mattis received 5 votes to be appointed to the 2026 seat, Mr. Marcus Lindholm received 5 votes to be appointed to the 2028 seat, and Mr. Rob Tartre received 5 votes to be appointed to the 2028 seat. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. After brief deliberations, Mayor Pro Tem Underwood motioned to appoint to the Avon DDA Board of Directors Ms. Lisa Mattis for a period to end on June 30, 2026, and Messrs. Marcus Lindholm and Rob Tartre for a period to end on June 30, 2028. Councilor Hardy seconded the motion. It was approved unanimously with a 5-0 vote. 6.5. Presentation: Revisions to Avon Housing Policies (Housing Planner Patti Liermann) Video Start Time: 01:06:04 Long Range Housing Planner Patti Liermann delivered a presentation related to the latest revisions to the Avon Housing Policies. Questions from Council included those related to rental limitations and rental caps in Community Housing. Mayor Pro Tem Underwood stated this is a complex topic and its policies are hard for the lay person to understand, and she suggested tabling the discussion of Resolution 24-31 to the January 28th, 2025, Council Meeting. Councilor Stanley stated that buyers in this program should consult an attorney to understand the limitations, and added she needed to read certain policies over and over to understand them herself. She added it is a great process, and she is happy with the work product presented and comfortable moving forward with the deliberations. Town Manager Eric Heil indicated the intent of the presentation tonight is to ask questions and provide comments and direction to Staff and revisit it in January for a vote. He added that an easier to read document should be created to help the layperson understand the intricacies of these complex housing policies, akin to a cover sheet. Senior Planner Jena Skinner joined Ms. Liermann at the podium and spoke of creating a tryptic that accompanies the housing policies that could be included in handouts. Councilor Stanley spoke of Teton County, Wyoming’s Housing Preservation Program and suggested staff explore their materials and definitions within Avon’s policies. She also inquired on the status of restrictions to own multiple homes when participating in the Price Capped Deed Restriction Program. Mayor Phillips indicated that Chapter 4 needs to be revamped and updated. Before tabling the discussion to January, Council reviewed each Chapter, as needed, providing Ms. Liermann with specific comments and revisions to the Avon Housing Policies. AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 19, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 5 6.6. PUBLIC HEARING: Second Reading Ordinance 24-15 Extending Renewable Energy Tax Credit (Chief Financial Officer Paul Redmond) Video Start Time: 02:39:10 Before commencing the discussion, Council verified that there was no one available online or in person at that time to provide any public comment related to the Proposed 2025 Budget Public Hearing. Chief Financial Officer Paul Redmond delivered a presentation related to the second reading of Ordinance 24-15. Mayor Phillips opened the floor of this Public Hearing to public comments and no public comment was made in person nor virtually. Mayor Pro Tem Underwood motioned to approve the second reading of Ordinance 24-15. Councilor Hardy seconded the motion. It was approved unanimously with a 5-0 vote of those present. 6.7. Presentation: Update on VVF Early Childhood Education Facility Design (Community Development Director Matt Pielsticker) Video Start Time: 02:41:50 Community Development Director Matt Pielsticker delivered a presentation related to the VVF Early Childhood Education Facility Design. Mayor Pro Tem Underwood brought up that she has received specific community input over concerns of high-pressure gas lines that may be running at that site, which Director Pielsticker stated Staff will provide Council with more detailed information on gas lines with the next update on this facility’s design but this type of development next to gas lines is very typical. Director Pielsticker also received feedback from Council on the design of the facility and took note of design suggestions provided by Mayor Phillips. Additional deliberations included those related to RFPs to operate this facility as received by the Foundation, which included 5 proposals under current review. Councilor Stanley asked if the design would include photovoltaic panels and storage, and Town manager Heil indicated that the conversation for final design contemplates that it will. As this was a presentation to Council, Staff received feedback and no action was taken. 6.8. Presentation: Update Design Avondale Apartments (Community Development Director Matt Pielsticker) Video Start Time: 03:02:10 Community Development Director Matt Pielsticker delivered an update related to the design of the Avondale Apartments and noted that there is a new 80-apartment design that also includes an elevator. Councilor Hardy stated her concern for enclosed porches on the ground level and suggested they get a lower screening for them. Mayor Phillips suggested the community space accommodate a community garden for residents, which received support from Councilor Hardy and Mayor Pro Tem Underwood. As this was a presentation to Council, Staff received feedback and no action was taken. AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 19, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 6 7. WRITTEN REPORTS 7.1. Monthly Financials (Senior Accountant Dean Stockdale) 7.2. November 4th Draft Avon DDA Meeting Abstract (Chief Administrative Officer Ineke de Jong) 7.3. Recycling Ordinance Update (Sustainability Manager Charlotte Lin and Sustainability Coordinator Sarah Smith Hymes) 7.4. Monthly Public Operations Update (Operations Manager Gary Padilla) 7.5. Proterra Electric Bus Update (Mobility Manager James Shoun) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 03:19:10 Mayor Pro Tem Underwood complimented Public Works for the deployment of planters which reuse tree cuttings and wished Avon’s new Master Gardner Kathleen Powers a good winter season. Councilor Stanley wished everyone a happy thanksgiving. Councilor Hardy wished everyone a happy opening day. Mayor Pro Tem Underwood stated that the 2025 CORE Transit budget was approved during her most recent board meeting, as they prepare for next year. Chief Administration Officer Ineke de Jong reminded Council and the Public that during the December 10, 2024, Regular Council Meeting, Councilors are invited to arrive at 4:40 p.m. to be included in Council pictures that will be captured. She added that there will be no council dinner prior to the meeting with the plan to host an outgoing and incoming Council celebration after regular meeting. She asked for Councilors to please RSVP with her. 9. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 8:23 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org. AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 19, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 7 RESPECTFULLY SUBMITTED: ________________________________ Miguel Jauregui Casanueva, Town Clerk APPROVED: Mayor Amy Phillips ___________________________________ Tamra Underwood Ruth Stanley Lindsay Hardy RJ Andrade Rich Carroll Chico Thuon 970-748-4091 pliermann@avon.org TO: Honorable Mayor Phillips and Council Members FROM: Patti Liermann, Housing Planner RE: Resident Occupied Deed Restriction for Kestrel DATE: December 10, 2024 SUMMARY: This memo provides Town Council (“Council”) with the Resident Occupied Deed Restriction for the McGrady Acres (a.k.a. Kestrel) residential development. BACKGROUND: Section 7.20.100 of the Avon Municipal Code creates housing for workers generated by new development in Avon. This is accomplished through Employee Housing Mitigation units, including on new multifamily residential development. As a condition of approval for The McGrady Acres (a.k.a “Kestrel) residential development project, the Developer was required to provide 1- 2 bedroom unit to be deed restricted with a Resident Occupied Deed Restriction. The Town of Avon (“Town”) provides the Resident Occupied Deed Restriction to the Developer for recording with the Eagle County Clerk & Recorder before issuing the Temporary Certificate of Occupancy. Staff used the Template Resident Occupied Deed Restriction being presented with the Avon Community Housing Policies (“ACHP”) with modifications specific to Kestrel in the Recitals. The Deed Restriction was reviewed with the Town Attorney in advance. RECOMMENDATION: Approve the Resident Occupied Deed Restriction for Kestrel. PROPOSED MOTION: “I move to authorize the Resident Occupied Deed Restriction for Kestrel.” Thank you, Patti. ATTACHMENTS: Attachment A – Resident Occupied Deed Restriction for Kestrel TOWN OF AVON COMMUNITY HOUSING RESIDENT OCCUPIED DEED RESTRICTION Resident Occupied Community Housing Deed Restriction Page 1 of 20 THIS COMMUNITY HOUSING RESIDENT OCCUPIED DEED RESTRICTION (“Deed Restriction”) is made and entered into on __________________ 20____ (the “Effective Date”) by and between the Town of Avon, Colorado, a Colorado home rule municipality, with an address of 100 Mikaela Way, P.O. Box 975, Avon, Colorado 81620 (“Town”), and Eagle River Homes, LLC, a Colorado limited liability corporation with an address of 8480 E Orchard Rd #100, Greenwood Village, CO 80111, [hereinafter known as “Owner”], (each individually a “Party” and collectively the “Parties”). WHEREAS, as a condition of the Town approving the Major Design & Development and subdivision for Lot 3 and Lot 6, McGrady Acres on March 22, 2022, the Town Council of the Town of Avon required that the (“Property”), as defined in Exhibit A, include one 2- bedroom residential unit of not less than 1,600 square feet, subject to and encumbered by a Resident Occupied Community Housing Deed Restriction, which limits the occupancy and use of the Property to full-time residents who meet the definition Eligible Household, in accordance with the terms set forth in this Deed Restriction and Avon Community Housing Policies (“ACHP”), and, WHEREAS, Owner and Town desire to enter into this Deed Restriction; and, WHEREAS, the Town declares that the restrictive covenants set forth in this Deed Restriction are covenants running with the land and are binding upon all Owners of the Property; and WHEREAS, the Town has authority as a home rule municipality to enter into the Deed Restriction and to exercise all rights, remedies and administrative oversight in this Deed Restriction. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows: COVENANTS 1.Property Subject to Deed Restriction. The Property, as more particularly described in Exhibit A hereto, is hereby burdened with the covenants and restrictions specified in this Deed Restriction. The ownership, use and sale of the Property shall be restricted as specified in this Deed Restriction. 2.Definitions. The following definitions shall apply to terms used in the Deed Restriction: 3. A.“Annual Compliance Recertification” means an annual certification under oath by the Owner to the Town stating the Property has maintained occupancy by an Eligible Household in accordance with this Deed Restriction and the ACHP. ATTACHMENT A TOWN OF AVON COMMUNITY HOUSING RESIDENT OCCUPIED DEED RESTRICTION Resident Occupied Community Housing Deed Restriction Page 2 of 20 B. Property Subject to Deed Restriction. The Property, as more particularly described in Exhibit A hereto, is hereby burdened with the covenants and restrictions specified in this Deed Restriction. The ownership, use and sale of the Property shall be restricted as specified in this Deed Restriction. C. “Eligible Household” means Households that (i) will use that Unit as their Primary Residence, (ii) are qualified employees, and (iii) own no other real estate. Each of the criteria are further defined below: i. Employment Qualification: At least one primary member of a Household must meet one or more of the following criteria: (1) an employee working in Eagle County who works an average of at least thirty (30) hours per week on an annual basis; or (2) earns seventy-five percent (75%) of his or her income and earnings by working in Eagle County; or (3) has been hired for a job in Eagle County on a permanent basis to work at least thirty (30) hours per work, or (4) Employment qualifications may include classifications of workers (i.e. retirees, disabled, remote workers) in accordance with the Avon Community Housing Policies, as may be amended from time to time. ii. Primary Residence. The Property will be used as the sole and exclusive place of residence as defined herein. iii. Restriction on Owning Other Real Estate: (1) As of the date of purchase of the Property, during ownership of the Property and during any period of time the Property is occupied by an Eligible Household, no member of such Eligible Household, including, but not limited to, spouses and children under 18 years of age, may own any interest, alone or in conjunction with others, anywhere in any improved residential real property(ies). (2) A member of an Eligible Household that owns commercial property for business use or vacant land may request an exemption from this requirement, which may be granted at the sole written discretion of the Town or its assign. (3) Real estate that is owned by a prospective or current Eligible Household shall not be deeded to a corporation or other person or entity except for a fair market value, nor shall real estate be deeded to a corporation or other legal entity in which any Household member has any financial interest in order to meet the requirements in this subsection. TOWN OF AVON COMMUNITY HOUSING RESIDENT OCCUPIED DEED RESTRICTION Resident Occupied Community Housing Deed Restriction Page 3 of 20 iv. Title of the Property shall be held in the name of the natural person(s) who are members of the Household which qualifies under criteria above. For example, title may be held jointly in the name of spouses who are members of an Eligible Household. (1) Notwithstanding the foregoing, an Eligible Household may seek a variance to allow title of the Property to be held in trust for the benefit of a natural person who also meets the definition and qualifications of an Eligible Household, as stated herein in Section 2.B. Such ownership in trust may only occur in the circumstances provided herein and at the sole written discretion of the Town, or its assign. To request a variance, the applicant shall submit a letter to the Town, or its assign, requesting a special review and a determination that title of the Property may be held in trust as set forth herein. (2) To be eligible for a variance, the following conditions must be met: (i) The beneficiary of the trust may not own other real property; and (ii) The beneficiary of the trust must be of the age of majority to qualify for this variance. (3) Upon receipt of a request for a special review for a variance and any requested information and documentation, the Town, or its assign, may grant the request, in writing, with or without conditions. D. “Household” means all individual(s) who will occupy the Property regardless of legal status or relation to the owner or lessee. E. “Initial Sale” means the price the Resident Occupied For-Sale Housing unit may be initially sold for, the process for which that unit will be offered for sale, and the buyer selection process. F. “Owner” means the owner of a fee simple title to the Property, as well as its owner’s agents, successors and assigns, buyers, heirs, devisees, transferees, grantees, owners or holder of title to the Property of record of the Housing Unit, according to the Clerk and Recorder of Eagle County, during their period of ownership interest. G. “Primary Residence” A Property is the Primary Residence of an Eligible Household as long as one or more members of the Eligible Household lives on the Property for at least 9 months in a calendar year. Determination of Eagle County primary residency status shall be based on criteria the Town deems reasonably necessary to make a determination, including but not limited to, voter registration, place of vehicle registration, and/or state issued identification. TOWN OF AVON COMMUNITY HOUSING RESIDENT OCCUPIED DEED RESTRICTION Resident Occupied Community Housing Deed Restriction Page 4 of 20 H. “Qualified Employer” means an individual or entity that regularly conducts business in Eagle County, is based in Eagle County, and is registered in Eagle County, if applicable. Qualified Employers may hold title to the Property and lease to their employees who are also members of Eligible Households. Qualified Employers may not impose restrictions upon the Property in addition to the terms of this Deed Restriction without prior written consent of the Town. I. “Resident Occupied Community Housing” is subject to a deed restriction recorded against it requiring that it be owned and occupied by an Eligible Household as its Primary Residence. J. “Short Term Rental” An Owner or non-Owner providing compensation to lodge in the Property for periods of less than thirty (30) days. Owner shall not advertise any part of the Property for short term lease on an open, public forum such as Airbnb, VRBO, Homeaway or equivalent. K. “Town” shall include employees of the Town of Avon or subcontractors retained by the Town who are tasked with enforcing Deed Restriction agreements. 4. Ownership and Use Restrictions: A. The ownership, use and occupancy of the Property is restricted as follows: (i) the Property shall be owned and occupied by an Owner who either qualifies as an Eligible Household or is a Qualified Employer who leases the Property to their employee(s), who is/are Eligible Household(s), as defined within Section 2 of this Deed Restriction; (ii) the Qualified Employer lessee own no other real property, subject to the exceptions set forth in the definition of Eligible Household, in Section 2 above, and (iii) the Owner or Qualified Employer lessee uses the Property as its Primary Residence, as defined within Section 2 of this Deed Restriction. B. The Property may not be sold or otherwise transferred to any person other than an Eligible Household in accordance with the procedures for prior verification contained in Section 4 below and pursuant to all provisions within this Deed Restriction. It is understood and agreed by the parties that notwithstanding the foregoing, title to the Property may be held from time to time by the Town in the event of a foreclosure or as permitted by this Agreement or the ACHP. Further, it is understood and agreed to by the parties that notwithstanding the foregoing, the Property may be held from time to time by certain employers, districts or governmental entities which qualify as a Qualified Employer, as that term is defined in Section 2.G above. TOWN OF AVON COMMUNITY HOUSING RESIDENT OCCUPIED DEED RESTRICTION Resident Occupied Community Housing Deed Restriction Page 5 of 20 C. Owner is subject to Annual Compliance Recertification confirming and verifying the Owner’s continued eligibility as an Eligible Household and its compliance with this Agreement. To confirm such eligibility, the Owner of the Property shall submit the following information to the Town: (i) a verification that the Owner continues to meet the requirements of an Eligible Household who uses the Property as its Primary Residence; and (ii) a statement that the Owner owns no other real property, subject to the exceptions set forth in the definition of Eligible Household, in Section 2 above, and other documentation that be required by the Town and the ACHP, as may be amended from time to time. D. An Owner must not engage in any business activity on or in such Property, other than as permitted within the zone district applicable to the Property. E. The Short Term Rental, or the advertising of a short term rental, of all or any portion of the Property is prohibited. F. An Owner of the Property may not permit any use or occupancy of the Property except in compliance with this Agreement. G. Owner, other than a Qualified Employer, may not, except with prior written approval of the Town and subject to the most current ACHP and the provisions of this Deed Restriction, rent the Property for any period of time. Owner covenants that any lease of the Property shall include a reference that such lease is subject to the terms and conditions of this Deed Restriction and ACHP, including but not limited to restrictions on the use and occupancy of the Property and cooperation on providing required documentation for verification of Eligible Household and Primary Residence status, as defined in Section 2. H. Any subsequent Owner of the Property must execute an Acknowledgement of Deed Restriction Agreement for Resident Occupied For Sale Housing, in the form, or similar form provided by the Town, set forth in Exhibit C , and attached hereto and incorporated herein by this reference. The failure to execute such document shall not extinguish the legal force and effect of this Deed Restriction on all current and subsequent Owners. I. All sales of the Property shall be subject to the Maximum Sales Price as calculated in Section 5 below. 5. Sale Restrictions: The Property may not be sold otherwise transferred to any person other than an Eligible Household and in accordance with the procedures set for verification contained in this Section 4. A. Initial Sale by Owner. Unless otherwise governed by the ACHP, the process for Initial Sale by the developer and buyer selection shall be determined by the Town. TOWN OF AVON COMMUNITY HOUSING RESIDENT OCCUPIED DEED RESTRICTION Resident Occupied Community Housing Deed Restriction Page 6 of 20 B. Resale. i. Owner shall deliver to the Town, or its assigns, a written notice of intent to sell the Subject Property which notice shall include the name(s) of the buyer(s) and all information required to determine whether the buyer(s) meets the definition of an Eligible Household. ii. Buyer(s) shall submit an administrative fee in the amount of TWO HUNDRED AND FIFTY DOLLARS ($250.00) to the Town to pay for the cost of reviewing and rendering a determination as to whether a prospective buyer(s) meets the definition of an Eligible Household. The administrative fee may be increase by the Town over time by an amount equal to the annual increases in the Consumer Price Index for All Urban Consumers for the Denver-Aurora-Lakewood, Colorado metropolitan area as defined by the United States Bureau of Labor Statistics (or such other Consumer Price Index as may be adopted by the United States Bureau of Labor Statistics for Colorado) to cover the Town’s costs associated with processing the application. iii. Once the Town has received complete information concerning the prospective buyer(s) and has received the administrative fee, the Town shall review the information and make a written determination as to whether the buyer(s) meet the definition of an Eligible Household within thirty (30) days of receipt of such information. iv. The Town may require the buyer to reimburse the Town of any additional costs that are incurred in the review and determination of whether a buyer(s) meets the definition of an Eligible Household, including but not limited to legal costs, title review costs, and investigation costs if reasonably required by the Town to complete its investigation. v. The Owner may sell and convey the Subject Property to the buyer(s) that is determined in writing by the Town to be an Eligible Household. vi. Upson sale and conveyance of the Subject Property by Owner to a buyer(s), the buyer(s) shall be subject to the same occupancy and use requirements set forth in this Agreement. 6. Default by Owner. Owner shall be responsible for compliance with all terms of this Deed Restriction, including occupancy and use of the Subject Property and limitations on owning other real estate. Any non-compliance with the terms of this Deed Restriction or breach of any covenant(s) set forth in this Deed Restriction, including non-compliance of use and occupancy of the Subject Property and limitations on owning other real estate, shall be deemed to be a Default by Owner, whether such non-compliance is a result of direct actions of the Owner of such non- compliance occurs during ownership. TOWN OF AVON COMMUNITY HOUSING RESIDENT OCCUPIED DEED RESTRICTION Resident Occupied Community Housing Deed Restriction Page 7 of 20 7. Inspection. If the Town has reasonable cause to believe that the occupancy or use of the Property does not comply with any provision(s) of this Deed Restriction, the Town may inspect the Property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner and occupants a Notice to Inspect with at least twenty four (24) hours written notice. Notice of Inspection may be given by posting notice on the door to the residence on the Property. The Notice of Inspection shall generally describe the suspected non-compliance with this Deed Restriction and shall reference the Town’s right to inspect set forth in this Deed Restriction. The Town shall have permission to enter the Property during such times upon providing a Notice of Insp ection without further consent. 8. Notice and Cure. In the event of a Default by Owner of this Deed Restriction, the following procedures shall apply. A. Notice of Default. The Town shall send a written Notice of Default to the Owner detailing the nature of the default. Notice may be mailed, posted on the front door of the Property, or sent electronically. The Notice of Default shall (i) state the terms of this Deed Restriction, EHOP Guidelines or ACHP for which the Owner has defaulted; (ii) state the period for the Cure; (iii) references the potential remedies in this Deed Restriction; and (iv) state the procedures for administrative appeal of the Notice of Default. B. Period for Cure. The Period for Cure shall generally be thirty (30) days, provided that a default by Owner for lease or use of the Property as a Short Term Rental, non-primary residence or Second Home shall be cured by the Owner immediately. The Town may provide a longer period for Cure upon written agreement with the Owner, when the nature of the default will take longer than thirty (30) days to cure and the Owner is actively cooperating with the Town and making all reasonable efforts to effect the cure. C. Administrative Appeal. Owner has the right to request an administrative appeal of a Notice of Default. A request for an administrative appeal must be filed within ten (10) days of receiving a written Notice of Default. The Town shall conduct an administrative appeal hearing in accordance with procedures and requirements set forth in the ACHP. D. Default. If an administrative appeal request is not tiemly and properly submitted in writing and the default is not cured withing the stated Period for Cure in the Notice of Default, the Owner shall be deemed to be in Default of this Deed Restriction. E. Court Review. An administrative appeal decision shall be the final decision for the purpose of determining if a default has occurred. The date of the final decision shall be the date that a written decision of the administrative appeal is executed and provided to the Owner (as appellant). A final decision from an administrative TOWN OF AVON COMMUNITY HOUSING RESIDENT OCCUPIED DEED RESTRICTION Resident Occupied Community Housing Deed Restriction Page 8 of 20 appeal hearing may be judicially appealed, in the District Court of Eagle county pursuant to C.R.C.P. 106. 9. The Town has the right to the following remedies. A. Law and Equity. This Deed Restriction is enforceable by the Town, and their respective successors and assigns, as applicable, or as their designee, by any appropriate legal action including but not limited to specific performance, injunction, reversion, or eviction. The remedies provided herein are cumulative and not exclusive of all other remedies provided by law and/or equity. In the event of violation, non-performance, default or breach of any term of this Deed Restriction by the Owner, the Town shall have the right to enforce Owner’s obligations herein by an action for any equitable remedy, including injunction or specific performance, as well as pursue an action to recover damages. B. Interest on Amounts Due. Any amount due and owing to the Town shall bear interest at the rate of one and one half percent (1.5%) per month (eighteen percent [18%] per annum, compounded annually) until paid in full. C. Recovery of Costs to Enforce. The Town shall be entitled to recover any costs related to enforcement of this Deed Restriction, including but not limited to attorney’s fees, court filing costs and county recording costs. D. Lien. The Town may attach a lien for any amount due to the Town upon the Property and enforce the lien in the manner and according to the procedures set forth in Colorado Revised Statutes, §31-20-105, as amended from time to time, and the Owner expressly waives any objection to the attachment of a lien for amounts due to the Town. E. Joint and Several Liability. In the event of a transfer or conveyance of the Property that violates the terms of this Deed Restrictions and constitutes a violation of this Deed Restriction, both the grantor and grantee shall be jointly and severally liable for any damages and costs due under this Deed Restriction. F. Recovery of Wrongful Gains. In the event of any lease of the Property to a person who is not an Eligible Household, as defined in the ACHP, or use of the Property as a Short Term Rental, non-primary residence or Second Home, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as a material requirement of curing the notice of default. 10. Liquidated Damages. The Parties acknowledge and agree that in the event of a violation of this Deed Restriction by the Owner, the determination of actual monetary damages would be difficult to ascertain. Therefore, the Town and Owner hereby agree that liquidated damages shall TOWN OF AVON COMMUNITY HOUSING RESIDENT OCCUPIED DEED RESTRICTION Resident Occupied Community Housing Deed Restriction Page 9 of 20 be calculated and applied in the amount of Three Hundred Dollars ($300.00) per day for each day that the Owner is in violation of this Deed Restriction after having failed to timely cure the violation of this Deed Restriction. Liquidated damages shall be in addition to the Town’s ability to recover costs as stated in Section 8 above. Liquidated damages shall be in addition to the Town’s right to seek equitable remedies of injunction and/or specific performance. In the event of any lease or use of the Property as a Second Home, non-primary-residence or Short Term Rental, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as liquated damages as demanded by the Town (in lieu of the $300 daily liquidated damages), including such amounts collected or received by Owner prior to receipt of a Notice of Default and prior expiration of a thirty (30) day period to cure, and such amounts shall be in addition to the right of the Town to recover costs and seek equitable remedies. 11. Foreclosure. A. In the event of a foreclosure or acceptance of a deed in lieu of foreclosure by the holder (including assigns of the holder) of the promissory note secured by a first deed of trust on the Property, and subject to the issuance of a public trustee’s deed to the holder following expiration of all statutory redemption rights, or issuance of a deed in lieu of foreclosure to the older, the Town or its assigns shall have the option to purchase the Property as provided in the Option to Purchase, in a form similar to EXHIBIT B: Option to Purchase, attached hereto and incorporated herein. B. Notwithstanding any provision herein to the contrary, except for persons or entities having a valid lien on the Property, only a Town of Avon Employee Household may acquire an interest in the Property at a foreclosure sale or in lieu of foreclosure. C. Notwithstanding the foregoing, in the event of foreclosure or acceptance of a deed in lieu of foreclosure by the holder (including assigns of the holder) of the promissory note secured by a first deed of trust on the Property, if the holder of such deed of trust is the grantee under the public trustee’s deed or deed in lieu of foreclosure and the Town does not exercise its Option to Purchase as provided in Section 11.A, then the Town agrees to release the Property from the requirements of this Deed Restriction. D. It is specifically agreed that nothing contained herein shall require the Town to release and waive its ability to enforce this Deed Restriction in the event of a foreclosure of a lien secured in second or subsequent position. E. If the Town or its assigns exercises the Option to Purchase described in this Section 11, and acquires title to the Property, the Town or its assigns may sell the Property to a Town of Avon Employee Household or an Eligible Household or rent the Property to qualified tenants who meet the income, occupancy, and all other qualifications, established by the EHOP Guidelines and/or the ACHP, until such time that the Property can be sold to a Town of Avon Employee Household or an Eligible TOWN OF AVON COMMUNITY HOUSING RESIDENT OCCUPIED DEED RESTRICTION Resident Occupied Community Housing Deed Restriction Page 10 of 20 Household, or may elect to release and terminate this Deed Restriction, at Town’s sole discretion. F. All obligations recorded of record against the Property and subsequent to this Agreement shall be subordinate to terms hereof. 12. Deed Restriction Runs with the Land. This Deed Restriction and the terms, covenants, conditions and other provisions hereof shall constitute covenants running with title to the Property for the benefit of, and enforceable by the Town and its successors and assigns and this Deed Restriction shall bind the Property, the Owner and all subsequent owners, occupants, successors and assigns. Each and every lease and each and every contract, deed or other instrument hereafter executed conveying the Property or any portion thereof shall expressly provide that such lease or conveyance is subject to this Deed Restriction; provided, however, that the covenants, conditions and restrictions contained herein shall survive and be effective as to lessees and successors and/or assigns of all or any portion of the Property, regardless of whether such lease, contract, deed or other instrument hereafter executed leasing or conveying the Property or any portion thereof provides that such lease or conveyance is subject to this Deed Restriction. Each subsequent owner(s), occupant(s) and Eligible Household(s), upon acceptance of a deed or lease of the Property, shall be personally obligated hereunder for the full and complete performance and observance of all covenants, conditions, and restrictions contained herein during an owner’s period of ownership or Eligible Household’s occupancy. 13. General Provisions. A. Disputes. The exclusive forum for any dispute arising from or relating to the Deed Restriction shall be the Eagle County District Court. B. Venue. The exclusive venue for any dispute arising from or relating to the Deed Restriction shall be the Eagle County District Court. C. Severability. If any term, provision, covenant or condition of this Deed Restriction is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Deed Restriction shall continue and remain in full force and effect. D. Counting Days. If the final day of any notice, default or other event falls on a Saturday, Sunday, legal holiday recognized by the State of Colorado or day upon which the Avon Town Hall is closed for any reason, then the final day shall be deemed to be the next day which is not a Saturday, Sunday, legal holiday or day that the Avon Town Hall is closed. E. Modifications: The Owner and Town of Avon agree that any modifications of this Deed Restriction shall be effective only when made by writings signed by the Owner TOWN OF AVON COMMUNITY HOUSING RESIDENT OCCUPIED DEED RESTRICTION Resident Occupied Community Housing Deed Restriction Page 11 of 20 and the Town of Avon and recorded with the Clerk and Recorder of Eagle County, Colorado. F. Waiver. No waiver of one or more of the terms or provisions of this Deed Restriction shall be effective unless provided in writing. No waiver of any term or provision of this Deed Restriction in any instance shall constitute a waiver of such provision in any other instance. G. Assignment. The Town may in its sole discretion assign the benefits and delegate the responsibilities of this Deed Restriction to any other public entity, non-profit corporation or other entity which is organized and exists for the purpose to provide and promote affordable housing for full time residents. H. No Third-Party Beneficiaries. Nothing contained in this Deed Restriction is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party. I. No Joint Venture. Notwithstanding any provision hereof, the Town shall never be in a joint venture with Owner, and the Town shall never be liable or responsible for any debt or obligation of Owner. J. Governmental Immunity. The town and its officers, attorneys, and employees, are relying on, and do not waive or intend to waive any provision of this Deed Restriction, the monetary limitations or any rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. SS 24-10-101, et seq., as amended, or otherwise available to the Town or its officers, attorneys, or employees. K. Choice of Law. This Deed Restriction shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any legal action arising from this Deed Restriction shall be in Eagle County, Colorado. L. Successors. Except as otherwise provided herein, the provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. The Deed Restriction shall be a burden upon and run with the Property for the benefit of the Town or the Town’s assigns, who may enforce the Deed Restriction s and compel compliance therewith through the initiation of judicial proceedings for, but not limited to, specific performance, injunctive relief, reversion, eviction and damages. M. Recording. The Town shall record this Deed Restriction in the real property records of Eagle County, Colorado at the Owner’s expense. N. Personal Liability. By taking title to the Property, the Owner agrees that he or she shall be personally liable for compliance with the applicable terms and conditions of this Deed Restriction. TOWN OF AVON COMMUNITY HOUSING RESIDENT OCCUPIED DEED RESTRICTION Resident Occupied Community Housing Deed Restriction Page 12 of 20 O. Further Actions. Any Owner of the Property and the Town agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Deed Restriction or any agreement or document relating hereto or entered into in connection herewith. P. Section Headings. Paragraph or section headings within this Deed Restriction are inserted solely for convenience of reference and are not intended to and shall not govern, limit or aid in the construction of any terms or provisions contained herein. Q. Gender and Number. Whenever the context so requires in this Deed Restriction, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. R. Notice. Any notice, consent or approval, which is required to be given hereunder, shall be given by either depositing in the U.S. Mail with first class postage pre-paid; mailing by certified mail with return receipt requested; sending by overnight delivery with a nationally recognized courier service that delivers to the physical address of the Property; or, by hand- delivering to the intended recipient. Said notices, consents and approvals shall be sent to the following address unless otherwise notified in writing: To Town of Avon: P.O. Box 975 100 Mikaela Way Avon, CO 81620. To Town of Owner: _______________________ _______________________ _______________________ With a copy to: the address provided by the Eagle County Assessor’s office. TOWN OF AVON COMMUNITY HOUSING RESIDENT OCCUPIED DEED RESTRICTION Resident Occupied Community Housing Deed Restriction Page 13 of 20 IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day and the year first written above. OWNER: By: Name: Its: STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to and acknowledged before me this __ day of __________________, 20____, by _____________________, as the owner of the real property described above. Witness my hand and official seal. My commission expires: ____________________________________ Notary Public TOWN OF AVON, COLORADO: By: _______________________________ Attest: ______________________________ Eric Heil, Town Manager Miguel Jauregui Casanueva, Town Clerk TOWN OF AVON COMMUNITY HOUSING RESIDENT OCCUPIED DEED RESTRICTION Resident Occupied Community Housing Deed Restriction Page 14 of 20 EXHIBIT A Lot 2E, The Kestral Phase I, A Resubdivision of Lots 1 and 2, McGrady Acres, A Resubdivision of Lots 3 and 6, Town of Avon, Eagle County, Colorado recorded at reception no. . TOWN OF AVON COMMUNITY HOUSING RESIDENT OCCUPIED DEED RESTRICTION Resident Occupied Community Housing Deed Restriction Page 15 of 20 EXHIBIT B OPTION TO PURCHASE In the event of a foreclosure or acceptance of a deed in lieu of foreclosure by the holder (including assigns of the holder) of the promissory note secured by a first deed of trust (“Holder”) on the on the real property known as [Legal Description] ___________________________, (the “Property”), and subject to the issuance of a public trustee’s deed to the Holder following expiration of all statutory redemption rights, or issuance of a deed in lieu of foreclosure to the Holder, the Town or its assigns shall have the option to purchase the Property, which shall be exercised in the following manner: 1. Notice of Foreclosure Proceedings: The Holder shall give such notice to the Town of intent to foreclose at least sixty days prior to commencing foreclosure proceeding. Said notice shall be sent by certified mail, return receipt requested, and addressed as follows: Town of Avon Town of Avon C/O Town Manager C/O Town Attorney PO Box 975 PO Box 975 Avon, CO 81620 Avon, CO 81620 2. Option to Purchase: The Town or its assigns shall have sixty (60) days after issuance of the public trustee's deed or deed in lieu of foreclosure in which to exercise this Option to Purchase. In the event of a deed in lieu of foreclosure, the Town may exercise the Option to Purchase by tendering to the Holder or its assigns, in cash or certified funds, an amount equal to the amount due on the note and any additional reasonable costs incurred by the Holder during the option period. In the event of foreclosure and issuance of a public trustee's deed, the Town may exercise the Option to Purchase by tendering to the Holder or its assigns, in cash or certified funds, the redemption price which would have been required of the borrower or any person who might be liable upon a deficiency on the last day of the statutory redemption period(s) and any additional reasonable costs incurred by the Holder during the option period which are directly related to the foreclosure. 3. Title: Upon receipt of the option price, the Holder shall deliver to the Town or its assignee a special warranty deed, conveying the Property to the Town or its assignee. The Holder shall convey only such title as it received through the public trustee's deed or deed in lieu of foreclosure and shall not create or participate in the creation of any additional liens or encumbrances against the Property following issuance of the public trustees' deed to the Holder. The Holder shall not be liable for any of the costs of conveyance to the Town or its assignee. TOWN OF AVON COMMUNITY HOUSING RESIDENT OCCUPIED DEED RESTRICTION Resident Occupied Community Housing Deed Restriction Page 16 of 20 4. Release: Upon issuance of a public trustee's deed or deed in lieu of foreclosure to the Holder; the Town or its assigns shall have sixty (60) days in which to exercise the Option to Purchase as set forth herein by notifying the Holder in writing of its intent to exercise the option. In the event that the Town or its assigns does not notify the Holder in writing of its intent to exercise the Option to Purchase as set forth herein, the Town’s Option to Purchase and the Town of Avon’s Community Housing Resident Occupied Deed Restriction recorded at Reception Number ____________________in the records of the Clerk and Recorder of Eagle County, Colorado shall be automatically released only with respect to the Property which is the subject of foreclosure as of the thirty-first day after the issuance of such public trustee's deed or deed in lieu of foreclosure. The Holder shall not be required to take any affirmative action to obtain such release. It is the intent of the Town that the Option to Purchase and the referenced Deed Restriction Agreement be terminated automatically upon the failure of the Town or its assigns to provide written notice of its intent to exercise its Option to Purchase to the Holder, whether such failure is intentional or unintentional, and that such termination will be effected without the necessity of any affirmative action on the part of the Holder and without the necessity of filing a release of such Deed Restriction Agreement or option of public record. It is agreed that this Section 4 shall not result in a release of the Deed Restriction Agreement from any other property which is not the subject of foreclosure, and nothing contained herein shall require the Town to release and waive its ability to enforce the Deed Restriction Agreement in the event of foreclosure of a lien secured in second or subsequent position. 5. Successors and Assigns: The provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of any Owner of the Property, and the Town. 6. Modification: The parties hereto agree that any modifications to this Option to Purchase shall be effective only when made by writings signed by all parties and recorded with the Clerk and Recorder’s Office of Eagle County, Colorado. TOWN OF AVON COMMUNITY HOUSING RESIDENT OCCUPIED DEED RESTRICTION Resident Occupied Community Housing Deed Restriction Page 17 of 20 IN WITNESS WHEREOF, the parties hereto have executed this Option to Purchase on the ___ day of ______________, 2024. OWNER: By: Name: Its: STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ____ day of __________________, 20____, by _____________________, as the owner of the real property described above. Witness my hand and official seal. ____________________________________ Notary Public TOWN OF AVON, COLORADO: By: _______________________________ Attest: ______________________________ Eric Heil, Town Manager Miguel Jauregui Casanueva, Town Clerk TOWN OF AVON COMMUNITY HOUSING RESIDENT OCCUPIED DEED RESTRICTION Resident Occupied Community Housing Deed Restriction Page 18 of 20 EXHIBIT C ACKNOWLEDGEMENT OF THE TOWN OF AVON COMMUNITY HOUSING RESIDENT OCCUPIED DEED RESTRICTION WHEREAS, [Buyer Name]____________________________ (the “Buyer”) is purchasing from [Seller Name]______________________ (the “Seller”) at a price of $[purchase price amount]________________________, the real property and improvements located in [Address & Neighborhood] ___________________________ more particularly described as: [Legal Description]___________________________, according to the plat recorded under Reception No. ________________________, in the real property records of Eagle County of Eagle, Colorado (the “Subject Property”); and WHEREAS, the Seller of the Subject Property is requiring, as a prerequisite to the sales transaction, that the Buyer acknowledge and agree to the terms, conditions and restrictions found in that certain instrument entitled “TOWN OF AVON COMMUNITY HOUSING RESIDENT OCCUPIED DEED RESTRICTION”, recorded on _________________, 20__, under Reception No. _______________, in the real property records of Eagle County, Colorado (the “Deed Restriction”). A copy of the Deed Restriction is attached to this Acknowledgement as Exhibit A. NOW, THEREFORE, as an inducement to the Seller to sell the Property, the Buyer: 1. Acknowledges that Buyer has carefully read the entire Deed Restriction, has had the opportunity to consult with legal and financial counsel concerning the Deed Restriction and fully understands the terms, conditions, provisions, and restrictions contained in the Deed Restriction, and agrees to abide by the Deed Restriction. 2. Buyer acknowledges that the Deed Restriction imposes a future sale to an Eligible Household exclusively on the sale or conveyance of the Subject Property. 3. I/we acknowledge that no sales/purchases are exempt from the requirement that the Property be occupied by an Eligible Household in accordance with the Deed Restriction. All future buyers shall complete an application for approval of Eligible Household status with the Town of Avon or its designee. Current and future buyers agree that (i) the Owner or lessee qualifies as an Eligible Household; (ii) the Owner uses the Property as its Primary Residence; and (iii) the Owner is in compliance with the terms and conditions of this Deed Restriction. 4. Notice to Buyer, pursuant to Section 12 of the Deed Restriction, should be sent to: _________________________________ _________________________________ _________________________________ 5. I/we direct that this acknowledgement be placed of record in the real estate records of Eagle County of Eagle, Colorado and a copy provided to Town of Avon. TOWN OF AVON COMMUNITY HOUSING RESIDENT OCCUPIED DEED RESTRICTION Resident Occupied Community Housing Deed Restriction Page 19 of 20 IN WITNESS WHEREOF, the parties hereto have executed this instrument on the ______________day of _______________, 20__. BUYER(S): ________________________________ ________________________________ Printed Name ________________________________ ________________________________ Printed Name STATE OF ________________ ) ) ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ________ day of ____________________, by ________________________________________________. Witness my hand and official seal. _________________________________ Notary Public TOWN OF AVON COMMUNITY HOUSING RESIDENT OCCUPIED DEED RESTRICTION Resident Occupied Community Housing Deed Restriction Page 20 of 20 EXHIBIT A DEED RESTRICTION (970)748-4040 gdaly@avon.org TO: Honorable Mayor Phillips and Avon Town Council Members FROM: Chief Greg Daly RE: Intergovernmental Agreement for the funding of the Eagle County Victim Services Unit DATE: December 10, 2024 SUMMARY: This report outlines an intergovernmental agreement (IGA) between Eagle County, the Eagle County Sheriff’s Office, and the municipalities of Vail, Avon, Eagle, and Basalt to provide financial support for the Eagle County Victim Services Unit (VSU). BACKGROUND: The Eagle County Sheriff’s Office has provided victim support services through its Victim Services Unit (“VSU”) for over 20 years at no cost to the Town of Avon. VSU staff respond 24/7 to support victims of violent crimes, assist families affected by motor vehicle accidents or suicides, and help victims navigate the court process, including restraining order applications. Services are also offered in Spanish and delivered by culturally competent staff. These services are vital for Avon residents experiencing some of the most difficult moments of their lives. Currently, the VSU is staffed by three full-time employees and supported by four volunteers. Employee salaries and benefits are funded through the Eagle County Sheriff’s Office budget, with two of the three positions partially or fully grant-funded: •One position is 50% funded by grants. •Another was previously 100% funded through the Victim Assistance and Law Enforcement (VALE) program. FUNDING CONTEXT: The Colorado Division of Criminal Justice’s Office for Victims Programs (OVP) administers federal and state funds to support victim services. However, Colorado’s 2024 federal Victims of Crime Act (VOCA) funding decreased by approximately $10 million, a 43% reduction compared to 2023. This reduction has challenged service providers, including VSU, which relies heavily on grant funding. Here are the main reasons for the reduction: 1.Decline in Corporate Penalties: In recent years, there has been a decrease in the number and size of large fines and settlements from corporate criminal cases, which historically made up a substantial portion of federal Crime Victims Fund (CVF) deposits. 2.Changes in Prosecution Practices: The Department of Justice has increasingly used deferred prosecution and non-prosecution agreements, which often redirect financial penalties to other purposes rather than depositing them into the CVF. 3.Unpredictable Nature of Deposits: CVF deposits are not steady or predictable since they rely on federal criminal case outcomes. Some years see a surge in deposits from major cases, while others see significant declines. 4.Expenditure Caps: Congress has placed annual caps on how much money can be distributed from the CVF, contributing to the fluctuation in available funds. These caps sometimes result in accumulated reserves, but recent declines in deposits have depleted those reserves. Page 2 of 2 The proposed municipal contributions are based on the 2023 volume of calls and services provided to each municipality, compared to the County’s costs: • Avon: $10,794 • Basalt: $1,794 • Eagle: $2,436 • Vail: $10,290 LEGAL REVIEW: The Town Attorney’s Office has reviewed the IGA. FINANCIAL CONSIDERATIONS: Avon’s 2025 contribution of $10,794 has already been accounted for in the Avon Police Department’s proposed budget. RECOMMENDATION: I recommend approval of this intergovernmental agreement. MANAGER’S COMMENTS: PROPOSED MOTION: “I move to approve the intergovernmental agreement for the funding of the Eagle County Victim Services Unit” Thank you, Chief Greg Daly ATTACHMENT A: Intergovernmental Agreement for the funding of the Eagle County Victim Services Unit INTERGOVERNMENTAL AGREEMENT FOR THE FUNDING OF THE EAGLE COUNTY VICTIM SERVICES UNIT THIS INTERGOVERNMENTAL AGREEMENT FOR THE FUNDING OF THE EAGLE COUNTY VICTIM SERVICES UNIT (the "Agreement"), effective the 1st day of January, 2025, between the Town of Avon, Colorado, a municipal corporation, by and through its Town Council ("Avon"); the Town of Basalt, a municipal corporation, by and through its Town Council (“Basalt”); the Town of Eagle, Colorado, a municipal corporation, by and through its Town Council (“Eagle”); the Town of Vail, a municipal corporation, by and through its Town Council (“Vail”); and the County of Eagle, Colorado, a body corporate and politic, by and through its Board of County Commissioners (the "County"). Avon, Basalt, Eagle, Vail and the County may be referred to individually as a “Town,” or collectively as the “Towns.” The Towns and the County may be collectively referred to as the “Parties.” The Eagle County Sheriff’s Office (the "Sheriff”) will administer this Agreement on behalf of the County, the Sheriff and each Town Police Departments. WITNESSETH: WHEREAS, the Colorado legislature enacted the Colorado Victims’ Rights Act set forth a C.R.S. § 24-4.1-302, et. seq.,(“VRA”) in recognition of the fact that the full and voluntary cooperation of victims and witnesses to crimes with state and local law enforcement agencies is imperative for the general effectiveness and well-being of the Colorado criminal justice system; and WHEREAS, the VRA assures that all victims and witnesses to crimes are to be honored and protected by law enforcement agencies, prosecutors and judges in a manner no less vigorous than the protection afforded criminal defendants; and WHEREAS, the VRA ensures victims of crimes are treated with respect, dignity and fairness, and that they are free from abuse, harassment or intimidation and outlines the responsibilities of all Colorado law enforcement agencies; WHEREAS, the Eagle County Victim Services Unit (“VSU”) is currently staffed with three (3) Eagle County employees who work as victim advocates providing high-quality response services for victims of crime or crises throughout Eagle County and, on behalf of the Towns, all of its municipalities to effectuate the goals and the responsibilities of law enforcement agencies under the VRA; and WHEREAS, VSU advocates assist crime victims by explaining first responder roles, prepare victims for specific law enforcement procedures that may be necessary, address concerns and resolve communication issues that may arise when encountering a crisis situation; and ATTACHMENT A 2 WHEREAS, VSU advocates also assist victims in completing applications for support, including emergency funding, protection orders, confidentiality programs, communications with third parties such as employers and landlords, and provided tailored information about available resources applicable to each victim’s unique situation. WHEREAS the VSU provides these crisis response and support services 24 hours per day, 7 days per week, 365 days per year to the victims of any type of crime or critical incident, regardless of whether they are adults or children, and regardless of income level; and WHEREAS, the VSU provides these services to victims within the entirety of Eagle County, including the jurisdiction of the Eagle County Sheriff, who serves unincorporated Eagle County, and the Town of Gypsum and the Towns of Minturn and Redcliff, as well as the jurisdictions of Avon, Basalt, Eagle and Vail police departments; and WHEREAS, the VSU is a division of the Office of the Eagle County Sheriff and the County and Sheriff employ the VSU advocates; and WHEREAS, while Eagle County received some grant funding to support the VSU for 2024, the cost to provide such services far exceed such grant funding such that for 2024, direct cost to Eagle County to fund the VSU was at least $246,168; and WHEREAS, the Parties acknowledge that ongoing grant funding for VSU services has been insufficient to fund the necessary services but is uncertain to continue in future years; and WHEREAS, subject to a Town’s respective annual budgetary discretion, the Towns intend to contribute to Eagle County’s annual costs to fund the VSU, based on the allocations set forth in this Agreement; and WHEREAS, County and the Towns enter into this Agreement under general authority of local governments of the State of Colorado to contract with one another for the provision of services pursuant to C.R.S. §29-1-201, et seq., Article XIV, Section 18 of the Colorado Constitution. NOW, THEREFORE, it is agreed as follows: 1. Purpose of the Agreement This Agreement is made between the Parties to fund the Eagle County VSU and to effectuate the goals and purposes recited above. 2. Status of and Responsibility for Employees. a. The Towns and the County enter into this Agreement as separate, independent governmental entities and their respective officials and employees shall maintain such status 3 throughout. VSU employees assigned under this Agreement shall remain employees of the Sheriff at all times and for all purposes under this Agreement. No employee of any of the Parties shall be deemed an employee of another Party. b. No Party shall be called upon to pay or assume any liability for the direct payment of any salaries, wages or other compensation to any County employee performing services hereunder. 3. Governmental Immunity. The Parties to this Agreement do not intend to waive the limitations on liability which are provided to the Parties under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et. seq. The provisions of C.R.S. § 29-5-108 shall not apply to the activities conducted pursuant to this Agreement. 4. Insurance. The Parties shall each provide its own public liability and property damage insurance coverage as it may deem necessary for any potential liability arising under this Agreement. 5. Term and Termination. a. Unless sooner terminated as provided hereunder, this Agreement shall be effective from January 1, 2025 through December 31, 2025. It is the intent of the Parties that this Agreement shall be renewed for up to five (5) additional one (1) year periods following the end of the initial period, and unless one of the Towns gives notice to the County at least ten (10) days prior to the end of the initial period, or then current additional period, that such Party desires to terminate this Agreement, this Agreement shall be automatically extended for additional periods of twelve (12) months. After the initial period, this Agreement shall run from January 1st to December 31st of each respective year. b. Notwithstanding the foregoing provisions, any Party, with or without cause, may terminate their participation in Agreement upon the giving of thirty (30) days prior written notice of such termination to the other respective Parties. Termination by a Town shall have no effect on this Agreement for the remaining Parties. In the event any Party’s participation in this Agreement is terminated before the end of the then current term, that Party will be entitled to pro-rata reimbursement of funds paid for the current year. The terminating Town will thereafter be responsible for providing its own victims’ services and associated resources. 6. Funding. a. The Parties agree that this Agreement is contingent upon all funds necessary for the performance of this Agreement being budgeted, appropriated and otherwise made available. It is expressly understood that any financial obligations that may arise hereunder, whether direct or contingent, shall only extend to payment of monies duly and lawfully appropriated by the governing body of any Party. Should any of the Parties fail to undertake the project because necessary funds have not been budgeted or duly appropriated, that Party may terminate 4 participation in this Agreement by providing the County with written notice of termination as set forth herein. b. The Parties agree to contribute to the annual cost of the VSU, in the allocated amounts that were calculated or conservatively estimated based on a breakdown of the amount of calls and services provided to each agency in 2023 in comparison to the approximate 2023 cost to the County for those services. The Parties agree that payment will be made to the County for the purposes of funding the VSU on an annual basis, as follows: i. Avon will contribute $10,794. ii. Basalt will contribute $1,794. iii. Eagle will contribute $2,436. iv. Vail will contribute $10,290. c. The County reserves the right to adjust the yearly compensation amount by providing written notice to the Parties no later than September 1 of the year prior to the effective date of the change. Any such price change to this IGA shall be subject to each Town’s right to terminate for non-appropriation as set forth in Section 6(a) of this Agreement. Each Town will make payment without demand to Eagle County for the then current year no later than January 30 each year. 7. Notice. Any notices or other communications required or permitted to be given hereunder shall be given in writing, delivered personally or sent by first class mail, postage prepaid, addressed to the Parties at the addresses set forth below or at such other address as either Party may hereafter designate by written notice to the other Party given in accordance herewith. Notice will be deemed given on the date of delivery or three business days after deposit in a U.S. Postal Service depository. County: Eagle County Sheriff P.O. Box 359 885 East Chambers Avenue Eagle, Colorado 81631 (970) 328-8500 Email: James.vanbeek@eaglecounty.us Avon: Town of Avon Chief of Police P.O. Box 975 Avon, Colorado 81620 (970) 748-4040 Email: gdaly@avon.org 5 Basalt: Town of Basalt Chief of Police 100 Elk Run Drive, Suite 115 Basalt, CO 81621 (970) 927-4316 Email: greg.knott@basaltpolice.com Eagle: Town of Eagle Chief of Police P.O. Box 609 Eagle, CO 81631 (970) 328-9659 Email: Vail Town of Vail Police Chief 75 S. Frontage Road W. Vail, CO 81657 (970) 479-2218 Email: rkenney@vailgov.com 8. No Assignment. This Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, and may not be assigned by any Party without the prior written consent of the other Party. 9. No Unintended Beneficiaries. The Parties agree that this Agreement creates no obligation or relationship between the Towns. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or corporation or governmental entity other than the Towns and County any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained. 10. Severability. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to any Party, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions shall be fully severable and this Agreement shall be construed and enforced as if such invalid provisions had never been inserted into this Agreement. 11. Modification or Amendment in Writing. This Agreement may be amended, modified, or changed in whole or in part only by written agreement duly authorized and executed by the Parties hereto. 12. Jurisdiction and Venue. The law of the State of Colorado shall be applied in the interpretation, execution and enforcement of this Agreement. Venue for any action arising out of any dispute pertaining to this Agreement shall be exclusive in Eagle County, Colorado 6 13. Entire Agreement. This Agreement represents the full and complete understanding of the Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of Parties with respect to the subject matter contained herein. IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed and be effective as of the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Matt Scherr, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board EAGLE COUNTY SHERIFF By: ______________________________ Sheriff James Van Beek TOWN OF AVON, COLORADO BY AND THROUGH ITS TOWN MANAGER BY: ________________________________ Eric Heil 7 TOWN OF BASALT, COLORADO BY AND THROUGH ITS TOWN MANAGER BY: ________________________________ Ryan Mahoney TOWN OF EAGLE, COLORADO BY AND THROUGH ITS _____________ BY: ________________________________ Attest: ______________________ TOWN OF VAIL, COLORADO BY AND THROUGH ITS TOWN MANAGER BY: ________________________________ Russ Forrest 970-390-2014 ewilson@avon.org TO: Honorable Mayor Phillips and Council Members FROM: Eva Wilson, Public Works Director RE: Notice of Award – Eaglebend Park Improvements DATE: December 5, 2024 SUMMARY: Staff requests Council authorization to issue a Notice of Award (NOA) for the construction of the Eaglebend Park Improvements project as approved in the Town of Avon 2024 Capital Projects Fund and to increase the budget from $550,000 to $890,000. The Town was awarded a $375,000 grant from Great Outdoors Colorado (GOCO) in June 2023 to redevelop the Eaglebend Pocket Park. In addition, the developer of McGrady Acres deeded 0.14 acres to the Town (increasing the park size) and remitted $249K in cash as part of the fee in lieu of providing the total required park land. Based on Community feedback, the project scope grew to include a picnic pavilion, parking area and sidewalk, and portalet enclosure. An additional $340,000 in CIP funds is needed for the project. Eaglebend Park Location Eaglebend Park Page 2 of 4 PROJECT: The 0.58-acre park includes three tiers of fun and playful activities for all ages, from traditional playground equipment to climbing boulders and logs. This ADA-accessible park also has an active open play area and a picnic pavilion. In addition, the three paved parking spaces and sidewalks will enhance safety and access for the community. Eaglebend Park Project Rendering Project Timeline: 1. Jun 2023 - Grant Award 2. Sep 2023 to May 2024 - Community Engagement 3. Dec 2024 - Design Award to Zehren and Associates 4. Mar 25, 2024 - Planning and Zoning Commission 5. Apr 9, 2024 - Avon Council Update 6. May 2024 - Change Order to add Port-Potty Enclosure 7. Aug 2024 - Design Complete 8. Aug 27 to Sep 20, 2024 - Construction Solicitation 9. Sep 30 to Dec 3, 2024 - Bid Validation/NOA prep (Contractor’s choice/no delay to construction schedule) 10. Dec 10, 2024 - Notice of Award 11. Jan 2025 - Order Playground Equipment 12. March to Sep 2025 - Field Construction Page 3 of 4 Bid Process: The project was solicited on bidnetdirect.com from Aug 27 to Sep 20, 2024. Three (3) bids were received. The R&M General Contractors bid was $710,947.52, Baker Constructors’ bid was $1,474,355, and Phoenix Industries’ bid was $2,373,920.21. The low-bidder, R&M General Contractor, is the General Contractor for the adjacent McGrady Acres (Kestral) Development. Construction Schedule: Construction from March to September 2025. FINANCIAL CONSIDERATIONS: The current budget consists of GOCO grant funds and CIP Funds. The parking spaces and sidewalks to the park were an alternate bid item ($27,406) and may be deleted from the ward of the project. Current Budget: GOCO Grant $ 375,000 Capital Improvement Program $ 175,000 Total Current Budget: $ 550,000 Total Project Costs: Design/Construction Mgt $ 83,273 Land Title $ 429 Community Engagement $ 3,325 Eagle Valley Outdoor Movement $ 2,000 Construction Costs $ 710,948 Contingency (10%) $ 70,000 Surveillance Cameras (separate contract) $ 20,000 Total Project Costs: $ 890,000 Additional CIP Funds Needed: $ 890,000 - $ 550,000 = $ 340,000 Final Budget if Approved: GOCO Grant $ 375,000 Capital Improvement Program $ 515,000 Total Final Budget (with parking and sidewalks): $ 890,000 Total Final Budget (without parking and sidewalks): $ 862,600 RECOMMENDATION: Staff requests Council authorization to award the construction of the Eaglebend Park Improvements to R&M General Contractors in the amount of $710,948 as approved in the Town of Avon 2024 Capital Improvement Projects Fund and increase the Eaglebend Park CIP project budget to $890,000 with the understanding that GOGO will contribute $375,000 for the project. Page 4 of 4 TOWN MANAGER COMMENTS: I support approving the Notice of Award and proceeding with the project at this point because the only other option is to start the project over include a redesign to simplify the park. This project was an example of elaborate design getting ahead of budget considerations. We are very aware and we are actively discussing in Community Development and Engineering how we can provide better guidance at the outset to keep design more focused on Avon’s needs and goals, including our budget. All in all, this is a very high quality park design that will be enjoyed by the community for decades to come, so I don’t see the cost overrun as a significant concern. Taking into consideration the land dedication by the adjacent developer, the developer’s cash contribution and the GOCO grant award, the actual net cost to the Town of Avon for this complete Eaglebend Park expansion and make-over is $266,000, which is a really good deal. PROPOSED MOTION: “I move to authorize the issuance of a Notice of Award for the construction of the Eaglebend Park Improvements to R&M General Contractors in the amount of $710,948 as approved in the Town of Avon 2024 Capital Improvement Projects Fund and increase the Eaglebend Park CIP project budget to $890,000.” Thank you, Eva (970) 748-4088 predmond@avon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Paul Redmond, Finance Director Eric Heil, Town Manager RE: 2024 Final Revised Budget and 2025 Proposed Budget DATE: December 3, 2024 SUMMARY: This report is presented to Council for review and adoption of the final revised 2024 Operating, Community Housing, Capital Projects, Fleet and Mobility Fund budgets, adoption of the proposed 2025 operating funds and capital projects fund budgets and long-range capital improvements program and property tax levies for the Avon General Improvement District No.1.and for Town of Avon general operation purposes. TOWN MANAGER COMMENTS: The most significant change and addition to the final 2025 Budget presented to Council is the proposed increase of one additional Senior Engineer position. Based upon pending and upcoming engineering workload there is a need to add one more position to the Engineering position. Total staffing would include 1 Town Engineer, 2 Senior Engineers and 1 Construction Manager. The importance and benefit of adequate staffing to review plans in great detail, monitor and inspect both public and private construction, and respond to unanticipated matters (e.g. Holy Cross project water line break) is well established. The next three to five years is expected to have a steady increase of engineering demands as the Town of Avon proceeds with several large capital improvement projects, proceeds with Community Housing project, and the Village (at Avon) increases its construction activity. The cost of the additional Senior Engineer position will be paid for out of Capital Improvements Fund. Both Engineering and Community Development are implementing greater cost recovery practices for 2025 which includes charging Avon Staff time for all non-Town of Avon projects. The current Town Engineer has expressed a desire to transition to a Senior Engineer position, which creates a need to fill the Town Engineer position. We expect that effective recruitment of the Town Engineer position will require a regional marketing effort (i.e. Colorado and western ski resort communities) and will significantly benefit from offering a temporary residence to assist with relocating to Eagle County. The proposal to add an additional engineering position includes a proposal to authorize an expenditure of up to $800,000 to purchase a 2 bedroom residential unit in Avon to be made available on a temporary basis for recruitment of the Town Engineer position. This proposed residential unit would be included in the Town’s inventory of employee housing and offered general to full-time Avon employees as soon as the unit is not needed for recruitment of the Town Engineer position. BACKGROUND: As required by Town Charter, Public Hearings have previously been held regarding the proposed 2025 budget on November 12 and November 19, 2024. On December 10, 2024 a final public hearing will be held for members of the public to comment on the proposed 2025 budget as well as the final supplemental amendment to the 2024 budget. Local government budgets must be adopted by December 15 and filed with the Division of Local Governments no later than January 31. USE TAX ON CONSTRUCTION MATERIALS: The Eagle County Clerk’s office has finalized the calculations of the Use Tax on Construction Materials as part of the town’s proposed ballot question. As of November 27, 2024, the Eagle County election results show approval of the tax measure (1,156 votes in favor; 1,019 votes opposed). (970) 748-4088 predmond@avon.org Staff are continuing implementation of the Use Tax on Construction Materials. The initial Use Tax form has been set up on our SmartGov software, and we are finalizing the back-end reconciliation document. The Use Tax on Construction Materials will be collected at the time the building permit is issued unless the project is a single family or duplex home. Staff will hold an information session in early Spring with general contractors when most building permits are issued. A Certificate of Use Tax Paid will be available in SmartGov for contractors to provide suppliers to prove sales tax exemption. Staff will monitor the revenues generated from the taxes throughout 2025. BUDGET HIGHLIGHTS: 2024 Final Revised Budgets Resolutions No. 24-31 and 24-32 present the Town’s final revised operating budgets and capital project fund budget for 2024 and are submitted for adoption by the Avon Town Council. Below is a summary of the proposed budget revisions and the estimated impacts to fund balance. General Fund Expense: A total increase of $54,822.50 is proposed to the General Fund to implement pending programs, respond to changed circumstances, and include expenditures not identified and included during the 2024 Budget process last fall. The following are proposed revisions to expenditure appropriations in the General Fund. 1. Retirement Advisory Services: Increase of $42,000 for retirement advisory services. This expense has been paid by retirement forfeitures in the past. This was not budgeted in the original 2024 budget. We will continue to use the retirement forfeitures to pay for the retirement advisory services as they become available. 2. Recreation Center Financial Donations and Contributions: The Vail Valley Foundation/Youth Power 365 partnered with the Town to run the annual Turkey Trot race. The Town agreed to donate 50% of the total proceeds to Youth Power 365 each year. The total contribution for 2024 is $4,177.50. 3. Treasurer Fees: Increase of $14,000 for the Eagle County Treasurer fees as the fees were higher than anticipated. 4. Training Grant: Increase of $34,624.40 for the Narc System Solution Training Grant. This expenditure was offset by grant revenues. 5. Investigative Software: Increase of $13,150 for the Callyo Investigative Software. Grant revenues offset this expenditure. General Fund Revenues: An increase of $8,355 in revenues for Adult Program Fees. The total race registration revenues for 2024 were $8,355. General Fund Revenue Increases: The following are proposed revisions to revenue estimates: • Increase of $8,355 for Recreation Center Adult Program fees. The Town anticipates $8,355 in additional revenue for hosting the Annual Turkey Trot Race. • Increase of $47,774.40 for two grants received for the police department. The Tru Narc Solutions Training Grant for $34,624.40. The grant for the Callyo Investigative Software for $13,150. (970) 748-4088 predmond@avon.org Capital Projects Fund: Increase of $100,715 for the purchase of a Styrofoam Densifier. The Densifier is funded by a grant from the Colorado Department of Public Health and Environment; funding will be recognized in 2025. Community Housing Fund: Increase of $8,050 for professional development. Staff attended an affordable housing class at the University of Denver. Fleet Fund: Increase of $75,000 to Fleet Sublet Repairs for a plow truck needing unexpected, major repairs. Fleet also increased Shop Tools and Equipment Repairs by $10,000 to upgrade their A/C machine and press. Mobility Fund: A total decrease of $551,788 is proposed to the Mobility Fund. The following are proposed revisions to expenditure appropriations in the Mobility Fund. 1. Mobility Group Health Insurance: An increase of $62,000 in health insurance as a few people elected health insurance coverage after the 2024 budget was completed. 2. Insurance Premiums: Increase of $40,039.82 to account for the 2024 insurance premiums for the Mobility Department. This was not included in the 2024 Budget. 3. Mobility Treasurer Fees: An increase of $2,181.66 to account for the Eagle County Treasurer Fees. 4. EVTA 10 Year Plan: Increase of $120,000 for the Eagle Valley Transportation Authority’s 10-year plan. This program is funded by $96,000 from the State of Colorado and $24,000 from Core Transit. 2025 Proposed Budgets Resolutions No. 24-33 and 24-34 present the Town’s proposed Operating Budgets and Capital Project Fund budgets and long-range capital improvements program for 2025 and are submitted for consideration and adoption by the Avon Town Council. The Town Manager and staff presented the proposed budgets at a Council budget retreat held on October 22 and subsequent public hearings on November 12 and November 19. Final revisions to the 2025 proposed budgets based on discussion and feedback after these hearings are identified and described as follows: General Fund • Increase in Special Events Financial Contributions and Donations by $20,000. The Town will host the Sinfónica de Minería Orchestra on June 26, 2025. • Another addition not reflected in the previous 2025 proposed budget is an increase of $800,000 for the purchase of a new employee housing unit. This purchase will be funded by the Town General Fund Unreserved Fund Balance. Personnel Changes • Since the last budget hearing on November 19th, the Engineering Technician position will be vacated for the promotion of the employee to a new position titled Construction Manager. The Department also plans to add an additional Senior Engineer position to the Engineering Division. (970)748-4088 predmond@avon.org 2024 Property Tax Mill Levies Resolutions No. 24-35 and 24-36 levying property taxes for the Avon General Improvement District No. 1 and for Town of Avon general operating purposes are submitted for adoption. The property tax mill rates will be levied as follows: •General operating purposes - 8.956 mills, no change from the previous year •Avon General Improvement District No. 1 - 15.640 mills, no change from the previous year According to State Statute, because the Town levies a property tax, the budget must be adopted by December 15 and filed with the Division of Local Governments no later than January 31. This budget meets this and all other legal requirements for submission. RECOMMENDATION: Staff would recommend the Town Council adopt the resolutions discussed above as presented. PROPOSED MOTION: “I move to approve Resolutions 24-31 through 24-36 as listed on the Town Council meeting agenda for December 10, 2024, adopting the final revised 2024 operating funds and capital projects fund budgets, adopting the proposed 2025 operating funds and capital projects fund budgets and long-range capital improvements program, and levying property taxes for the Avon General Improvement District No.1 and for Town of Avon general operation purposes." ATTACHMENTS: Attachment A - Resolution No. 23-31 Attachment B - Resolution No. 23-32 Attachment C - Resolution No. 23-33 Attachment D - Resolution No. 23-34 Attachment E - Resolution No. 23-35 Attachment F - Resolution No. 23-36Attachment G - Financial Overview, Total All Funds Attachment H - Financial Overview, Total by Fund Attachment I - Long-range Capital Plan Attachment J – 2025 Position Summary Attachment K – Public Notice for 2025 Budget Hearings Thank you, Paul Resolution No. 24-31 December 10, 2024 Page 1 of 3 RESOLUTION NO. 24-31 AMENDING THE 2024 TOWN OF AVON OPERATING FUND BUDGETS WHEREAS, the Town Council of the Town of Avon has previously adopted the 2024 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for all operating funds for 2024; and WHEREAS, the Town Council finds it necessary to amend the 2024 budget to more accurately reflect the revenues and expenditures for 2024; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, the proposed supplemental amendment to the 2024 budget was open for inspection by the public at a designated place, a public hearing was held on December 10, 2024 and interested taxpayers were given the opportunity to file or register any objections to the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues or planned to be expended from reserves/fund balances so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON: Section 1. That estimated revenues and expenditures for the following funds are revised as follows for 2024: Original or Previously Amended 2024 Budget Current Proposed Amended 2024 Budget General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 20,494,938 28,256,814 26,395,807 $ 21,941,899 28,740,807 31,085,807 Ending Fund Balance $ 18,848,016 $ 19,210,754 Resolution No. 24-31 December 10, 2024 Page 2 of 3 Original or Previously Amended 2024 Budget Current Proposed Amended 2024 Budget Community Enhancement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 319,774 90,000 120,000 $ 348,877 90,000 120,000 Ending Fund Balance $ 289,774 $ 318,877 Water Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 430,706 522,000 616,321 $ 430,706 182,000 213,321 Ending Fund Balance $ 336,385 $ 399,386 Community Housing Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 3,048,139 2,018,443 4,196,550 $ 3,048,138 2,018,423 4,204,600 Ending Fund Balance $ 870,032 $ 861,961 Exterior Energy Offset Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 198,222 25,000 40,000 $ 224,901 25,000 47,500 Ending Fund Balance $ 183,222 $ 202,401 Disposable Paper Bag Fee Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 82,602 25,000 45,440 $ 94,062 25,000 45,440 Ending Fund Balance $ 62,162 $ 73,622 Debt Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 40,745 962,124 962,124 $ 40,745 962,124 962,124 Ending Fund Balance $ 40,745 $ 40,745 Resolution No. 24-31 December 10, 2024 Page 3 of 3 Mobility Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Original or Previously Amended 2024 Budget $ 1,382,370 3,391,021 3,385,898 Current Proposed Amended 2024 Budget $ 896,717 3,391,021 3,747,110 Ending Fund Balance $ 1,387,493 $ 540,628 Fleet Maintenance Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 508,846 2,199,596 2,199,034 $ 879,336 2,199,596 2,265,493 Ending Fund Balance $ 509,408 $ 813,439 Equipment Replacement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 4,812,821 1,639,922 2,487,041 $ 4,812,821 1,799,998, 2,443,019 Ending Fund Balance $ 3,965,702 $ 4,169,800 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED DECEMBER 10, 2024 by the AVON TOWN COUNCIL By:______________________________ Attest:_____________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk Resolution No. 24-xx December 10, 2024 Page 1 of 2 RESOLUTION NO. 24-32 AMENDING THE 2024 TOWN OF AVON CAPITAL PROJECTS FUND BUDGET WHEREAS, the Town Council of the Town of Avon has previously adopted the 2024 Capital Projects Fund budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for 2024; and WHEREAS, the Town Council finds it necessary to amend the 2024 Capital Projects Fund budget to more accurately reflect the revenues and expenditures for 2024; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, the proposed supplemental amendment to the 2024 budget was open for inspection by the public at a designated place, a public hearing was held on December 10, 2024, and interested taxpayers were given the opportunity to file or register any objections to the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues or planned to be expended from reserves/fund balances so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON: Section 1. That estimated revenues and expenditures for the Capital Projects Fund are revised as follows for 2024: Original or Previously Amended 2024 Budget Current Proposed Amended 2024 Budget Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 15,508,981 16,576,996 21,258,237 $ 15,508,981 16,492,331 24,125,375 Ending Fund Balance $ 7,885,035 $ 4,677,231 Resolution No. 24-xx December 10, 2024 Page 2 of 2 Section 2. That the Capital Projects Fund budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the capital program budget of the Town of Avon for the year stated above. Section 3. That the Capital Projects Fund budget as hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED December 10, 2024 by the AVON TOWN COUNCIL By:______________________________ Attest:_____________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk Resolution No. 24-33 December 10, 2024 Page 1 of 3 RESOLUTION NO. 24-33 ADOPTING THE 2025 TOWN OF AVON OPERATING BUDGET WHEREAS, the Town Council of the Town of Avon has appointed the town Manager to prepare and submit a proposed budget to said governing body for its consideration; and WHEREAS, upon due and proper notice, published and posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place. Public hearings were held on November 12, November 19, and December 10, 2024, and interested taxpayers were given the opportunity to file or register any comment to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues or planned to be expended from reserves/fund balances so that the budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON: Section 1. That estimated revenues and expenditures for the operating funds of the Town of Avon are presented as follows for 2025: 2025 Proposed Budget General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 19,210,754 27,812,902 28,862,324 Ending Fund Balance $ 18,161,332 Community Enhancement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 318,887 90,000 381,000 Ending Fund Balance $ 27,877 Resolution No. 24-33 December 10, 2024 Page 2 of 3 Water Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses 2025 Proposed Budget $ 399,386 199,000 252,384 Ending Fund Balance $ 346,002 Community Housing Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 861,961 2,273,099 2,475,529 Ending Fund Balance $ 659,531 Exterior Energy Offset Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 202,401 25,000 84,000 Ending Fund Balance $ 143,401 Disposable Paper Bag Fee Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 73,622 35,000 42,460 Ending Fund Balance $ 66,162 Debt Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 40,745 960,755 960,755 Ending Fund Balance $ 40,745 Mobility Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 540,628 2,588,967 2,794,143 Ending Fund Balance $ 335,452 Resolution No. 24-33 December 10, 2024 Page 3 of 3 2025 Proposed Budget Fleet Maintenance Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 813,439 2,548,079 2,254,121 Ending Fund Balance $ 1,107,397 Equipment Replacement Internal Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 4,169,800 2,547,397 2,768,166 Ending Fund Balance $ 3,949,031 Avon Downtown Development Authority Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 39,500 413,496 346,405 Ending Fund Balance $ 106,591 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED December 10, 2024 by the AVON TOWN COUNCIL By:______________________________ Attest:_____________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk Resolution No. 24-34 December 10, 2024 Page 1 of 2 RESOLUTION NO. 24-34 ADOPTING THE TOWN OF AVON LONG-RANGE CAPITAL PROGRAM AND SIMULTANEOUSLY ADOPT THE 2025 CAPITAL PROJECTS FUND BUDGET WHEREAS, the Town Council of the Town of Avon has directed the Town Manager to prepare and submit a long-range capital program to said governing body for its consideration; and WHEREAS, the Town Council of the Town of Avon has directed the Town Manager to prepare and submit a proposed Capital Projects Fund budget to said governing body for its consideration; and WHEREAS, upon due and proper notice, published and posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place. Public hearings were held on November 12, November 19, and December 10, 2024, and interested taxpayers were given the opportunity to file or register any comment to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues or planned to be expended from reserves/fund balances so that the Capital Projects Fund budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON: Section 1. That long-range capital program as submitted to the Town Council is hereby accepted as an official Town document and planning tool, and that the information contained therein may be revised or extended each year with regard to capital improvements. Section 2. That estimated revenues and expenditures for the Capital Projects Fund are as follows for 2025: Resolution No. 24-34 December 10, 2024 Page 2 of 2 2025 Proposed Budget Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 4,677,231 12,967,000 7,302,986 Ending Fund Balance $ 6,729,092 Section 3. That the budget, as submitted, and hereinabove summarized by fund, hereby is approved and adopted as the Capital Projects Fund budget of the Town of Avon for the year stated above. Section 4. That the Capital Projects Fund budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED December 10, 2024 by the AVON TOWN COUNCIL By:_____________________________ Attest:_____________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk Resolution No. 24-35 December 10, 2024 Page 1 of 1 RESOLUTION 24-35 LEVYING GENERAL PROPERTY TAXES FOR THE TOWN OF AVON FOR THE 2025 BUDGET YEAR. WHEREAS, the Town Council of the Town of Avon has adopted the annual budget in accordance with the Local Government Budget Law and Town Charter on December 10, 2024; and WHEREAS, the amount of money necessary to balance the budget for general operating purposes from property tax revenue is $2,908,568; and WHEREAS, the 2024 net total assessed valuation for the Town of Avon, as certified by the County Assessor is $324,761,960 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON: Section 1. That for the purpose of meeting general operating expenses of the Town of Avon during the 2023 budget year there is levied a tax of 8.956 mills upon each dollar of the net total assessed valuation of all taxable property within the Town of Avon for the year 2024. Section 2. That the Mayor is hereby authorized and directed to certify to the County Commissioners of Eagle County, Colorado, the mill levies for the Town of Avon as hereinabove determined and set. ADOPTED December 10, 2024 by the AVON TOWN COUNCIL By:______________________________ Attest:_____________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk Resolution No. 24-36 December 10, 2024 Page 1 of 2 RESOLUTION NO. 24-36 LEVYING GENERAL PROPERTY TAXES FOR THE AVON GENERAL IMPROVEMENT DISTRICT NO.1 FOR THE 2025 BUDGET YEAR WHEREAS, on August 28, 2007, the Town Council of the Town of Avon passed on second reading Ordinance No. 07-07 declaring the Town of Avon General Improvement District No. 1 (District) organized and submitted to the electors of the District the question of imposing an ad valorem tax to pay the annual expenses of the District; and WHEREAS, on November 6, 2007, an election was held under the requirements and procedures of the Uniform Election Code, the Mail Ballot Election Act, and TABOR, and a majority of the votes cast on the question were in favor of incurring such levy as provided in such question; and WHEREAS, the Town Council is authorized to act as the ex-officio Board of Directors of the District and is authorized to proceed with the necessary action to levy the ad valorem taxes so authorized; and WHEREAS, the authority to levy ad valorem taxes as conferred by the results of the election, is deemed and considered a continuing authority to levy the ad valorem taxes so authorized; and WHEREAS, the Town Council of the Town of Avon has adopted the annual budget in accordance with the Local Government Budget Law and Town Charter on December 10, 2024; and WHEREAS, the estimated cost of providing transportation and recreation services to and within the District is $69,487; and WHEREAS, the 2024 net total assessed valuation for the property included in the District as certified by the County Assessor is $4,442,890. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON: Section 1. That for the purpose of providing transportation and recreation services to and within the District during the 2025 budget year there is levied a tax of 15.640 mills upon each dollar of the net total assessed valuation of all taxable property within the District for the year 2024. Resolution No. 24-36 December 10, 2024 Page 2 of 2 Section 2. That the Mayor is hereby authorized and directed to certify to the County Commissioners of Eagle County, Colorado, the mill levies for the Town of Avon Local Improvement District No. 1 as hereinabove determined and set. ADOPTED December 10, 2024 by the AVON TOWN COUNCIL By:______________________________ Attest:____________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk Original Revised Proposed Actual Budget Budget Budget 2023 2024 2024 2025 REVENUES Taxes 29,551,521$ 34,612,596$ 34,562,596 30,936,568$ Licenses and Permits 638,122 438,175 438,175 484,175 Intergovernmental 2,940,933 5,227,455 5,538,566 7,118,455 Charges for Services 6,151,935 5,851,987 6,112,063 6,318,181 Fines and Forfeitures 44,705 38,700 38,700 52,200 Investment Earnings 2,338,345 1,920,000 1,920,000 1,820,000 Other Revenue 855,726 728,111 728,111 775,611 Total Operating Revenues 42,521,287 48,817,024 49,338,211 47,505,190 Other Sources Sales of Fixed Assets 109,568 - 140,000 120,000 Transfers-In From Other Funds 7,112,329 7,081,151 9,660,830 7,747,702 Total Other Sources 7,221,897 7,081,151 9,800,830 7,867,702 TOTAL REVENUES 49,743,184 55,898,175 59,139,041 55,372,892 EXPENDITURES General Government and Finance 7,086,072 7,791,727 12,063,350 8,056,343 Community Development 949,715 1,219,140 1,344,214 1,080,414 Public Safety 5,516,773 6,408,261 6,467,057 6,421,938 Public Works, Engineering and Utilities 8,259,626 8,190,183 8,270,970 8,546,534 Transportation and Fleet Maintenance 5,662,138 6,026,381 6,026,381 5,048,264 Recreation 2,450,098 3,061,455 3,086,527 3,205,344 Total Operating Expenditures 29,924,422 32,697,147 37,258,499 32,358,837 Debt Service 805,156 1,767,454 1,767,454 1,710,949 Capital Improvements and Equipment Replacement 6,516,648 10,330,607 26,013,487 12,121,681 Other Uses Transfers-Out To Other Funds 8,075,401 7,081,151 9,463,705 7,747,702 TOTAL EXPENDITURES 45,321,627 51,876,359 74,503,145 53,939,169 NET SOURCE (USE) OF FUNDS 4,421,557 4,021,816 (15,364,104) 1,433,723 FUND BALANCES, Beginning of Year 44,091,261 30,227,242 48,512,818 33,148,714 FUND BALANCES, End of Year 48,512,818$ 34,249,058$ 33,148,714$ 34,582,437$ TOTAL - ALL FUNDS TOWN OF AVON Financial Overview Urban Avon Downtown Community General Renewal Development Authority Enhancement Water Fund Fund Fund Fund Fund REVENUE Taxes 21,040,289$ 2,912,197$ 413,496$ -$ -$ Licenses and Permits 459,175 - - - - Intergovernmental 1,532,455 - - - - Charges for Services 2,090,036 - - - 199,000 Fines and Forfeitures 52,200 - - - - Investment Earnings 1,500,000 - - - - Other Revenue 481,000 - - 90,000 - Total Operating Revenues 27,155,155 2,912,197 413,496 90,000 199,000 Other Sources Sales of Fixed Assets - - - - - Transfers-In From Other Funds 657,747 - - - - TOTAL REVENUES 27,812,902 2,912,197 413,496 90,000 199,000 EXPENDITURES General Government, HR and Finance 7,564,478 103,000 346,405 - - Community Development 996,414 - - - - Public Safety 6,421,938 - - - - Public Operations, Engineering, Facilities 8,374,150 - - 20,000 152,384 Mobility and Fleet Maintenance - - - - - Recreation 3,205,344 - - - - Capital Expenditure from Unreserved Fund Balance 800,000 - - - - Total Operating Expenditures 27,362,324 103,000 346,405 20,000 152,384 Debt Service - 750,194 - - - Capital Expenditures - - - - - Other Uses Transfers-Out To Other Funds 1,500,000 1,750,000 - 361,000 100,000 TOTAL EXPENDITURES 28,862,324 2,603,194 346,405 381,000 252,384 NET SOURCE (USE) OF FUNDS (1,049,422) 309,003 67,091 (291,000) (53,384) FUND BALANCES, Beginning of Year 19,210,754 512,694 39,500 318,877 399,386 FUND BALANCES, End of Year 18,161,332$ 821,697$ 106,591$ 27,877$ 346,002$ Special Revenue Funds TOTAL - BY FUND TOWN OF AVON Financial Overview Debt Service Internal Fund Service Community Exterior Disposable Capital Housing Energy Offset Paper Bag Bond Projects Mobility Fleet Equipment Fund Fund Fee Fund Redemption Fund Fund Maintenance Replacement Total 1,501,099$ -$ -$ -$ 5,000,000$ 69,487$ -$ -$ 30,936,568$ - 25,000 - - - - - - 484,175 176,000 - - - 5,116,000 294,000 - - 7,118,455 87,000 - - - - 379,869 2,114,254 1,448,022 6,318,181 - - - - - - - - 52,200 - - - - 200,000 - - 120,000 1,820,000 9,000 - 35,000 - 15,000 145,611 - - 775,611 1,773,099 25,000 35,000 - 10,331,000 888,967 2,114,254 1,568,022 47,505,190 - - - - - - - 120,000 120,000 500,000 - - 960,755 2,636,000 1,700,000 433,825 859,375 7,747,702 2,273,099 25,000 35,000 960,755 12,967,000 2,588,967 2,548,079 2,547,397 55,372,892 - - 42,460 - - - - - 8,056,343 - 84,000 - - - - - - 1,080,414 - - - - - - - - 6,421,938 - - - - - - - - 8,546,534 - - - - - 2,794,143 2,254,121 - 5,048,264 - - - - - - - - 3,205,344 - - - - - - - - 800,000 - 84,000 42,460 - - 2,794,143 2,254,121 - 33,158,837 - - - 960,755 - - - - 1,710,949 2,475,529 - - - 7,302,986 - - 2,343,166 12,121,681 - - - - 3,611,702 - - 425,000 7,747,702 2,475,529 84,000 42,460 960,755 10,914,688 2,794,143 2,254,121 2,768,166 54,739,169 (202,430) (59,000) (7,460) - 2,052,312 (205,176) 293,958 (220,769) 633,723 861,961 202,401 73,622 40,745 4,677,231 540,628 813,439 4,169,800 31,861,038 659,531$ 143,401$ 66,162$ 40,745$ 6,729,543$ 335,452$ 1,107,397$ 3,949,031$ 32,494,761$ Enterprise Funds TOTAL - BY FUND Special Revenue Funds TOWN OF AVON Financial Overview CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Current Final Original Revised Revised Proposed Audited Budget Budget Budget Budget 2023 2024 2024 2024 2025 2026 2027 2028 2029 REVENUES Real Estate Transfer Tax: Base Level 6,529,287$ 8,500,000$ 8,500,000$ 8,500,000$ 5,000,000$ 5,000,000$ 5,000,000$ 5,000,000$ 5,000,000$ Frontgate - - - - - - - - - One RiverFront - - - - - - - - - McGrady Acres - - - - - - - - - Penalties and Interest - - - - - - - - - Interest Earnings 422,670 300,000 300,000 300,000 200,000 200,000 150,000 100,000 75,000 Intergovernmental: Federal/State/County: Colorado Water Conservation Board - - - - - - - - - American Recovery Plan Act - 1,600,000 1,636,538 1,636,538 - - - - - DOLA Grant (East Park Restrooms) - 1,000,000 1,000,000 - 1,000,000 - 1,000,000 - - CDOT Transit Grant - - 256,000 256,000 - 2,624,000 - - - GOCO Grant (Eaglebend Playground) - - - - 375,000 - - - - 2024 Charge Ahead Grant Fast (EV Charging Station) - - - - - - - - - Eagle County Contribution (Hwy 6 Roundabout) 200,000 - - 100,000 1,300,000 - - - - CDOT Revitalize Main Street Grant (Hwy 6 Roundabout) - - - - 2,000,000 - - - - CDOT Multimodal Options Fund Grant (Hwy 6 Roundabout) 362,582 - 637,418 - - - - - CDOT Off-System Bridge Grant 348,397 CDOT Highway Safety Improvemetn Grant 441,000 Colorado Parks and Wildlife Grant 39,295 - - - - - - - - BRIC and FMA (Flood Mitigation Grant - - - - - - - - - Other Revenues: Contributed Infrastructure & Improvements (McGrady Acres Park) - - - - - - - - - Community Contributions - - - 422,375 15,000 - - - - Nonclassified 4,969 - - - - - - - - Total Operating Revenues 7,558,803 11,400,000 11,692,538 11,852,331 10,331,000 8,172,397 6,150,000 5,100,000 5,075,000 Other Sources: Transfers In - General Fund - Storage Facility - - 2,690,000 2,690,000 - - - - - Transfers In - Avon URA - Tract G Projects 1,000,000 1,750,000 1,750,000 1,750,000 1,750,000 1,500,000 1,000,000 1,000,000 1,000,000 Transfers In - Community Enhancement Fund - Powerline Undergrounding/LED Rec Center 120,000 100,000 100,000 100,000 361,000 100,000 100,000 100,000 100,000 Transfers In - Water Fund - Nottingham-Puder Ditch 1,089,085 500,000 500,000 100,000 100,000 - - - - Transfers In - Equipment Replacement Fund - Snow Plows - - - - 425,000 - 450,000 - - Total Other Sources 2,209,085 2,350,000 5,040,000 4,640,000 2,636,000 1,600,000 1,550,000 1,100,000 1,100,000 Projected CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Current Final Original Revised Revised Proposed Audited Budget Budget Budget Budget 2023 2024 2024 2024 2025 2026 2027 2028 2029 Projected Total Revenues and Sources of Funds 9,767,888$ 13,750,000$ 16,732,538$ 16,492,331$ 12,967,000$ 9,772,397$ 7,700,000$ 6,200,000$ 6,175,000$ EXPENDITURES Capital Improvements: Facilities 1,188,718 1,682,000 7,769,900 7,769,900 1,090,000 400,000 230,000 - - Parks and Open Space - - - - - - - - Streets and Parking - - - - - .... Drainage - 1,575,000 575,000 575,000 25,000 1,200,000 - - - Utility Projects 1,024,717 185,000 1,384,187 1,384,187 350,000 - - - - Land and Land Improvements 54,921 1,195,238 5,642,983 5,642,983 3,632,986 50,000 4,450,000 140,000 1,240,000 Roads and Streets 2,360,061 2,070,175 8,697,585 8,697,585 2,205,000 4,900,402 1,240,000 4,790,000 1,240,000 Planning and Consulting 165,294 - - - - - - - - Communications and Technology 25,077 - - - - - - - - Debt Service: Capital Leases: - 2017 Commerce Bank, Plow Truck, Electrician Lift Truck 55,720 55,720 55,720 55,720 - - - - - Total Expenditures 4,874,508 6,763,133 24,125,375 24,125,375 7,302,986 6,550,402 5,920,000 4,930,000 2,480,000 Other Uses: Transfers Out - General Fund: - Engineering Department Salary and Benefits 600,473 618,487 618,487 618,487 657,747 710,377 731,688 753,639 776,248 Transfers Out - Community Housing Fund: - Mi Casa Program 734,871 450,000 652,929 652,929 500,000 450,000 450,000 450,000 450,000 Transfers Out - Debt Service Fund: - 2014B COPS (Street Improvements)321,544 318,666 318,666 318,666 320,637 317,304 318,820 320,033 320,033 - 2016 COPS (Public Safety Bldg.)447,475 447,475 447,475 447,475 449,325 448,225 446,425 448,225 448,225 - 2020 Refunding COPs 194,123 195,983 195,983 195,983 190,793 192,640 193,437 194,200 194,200 Transfers Out - Mobility Fund: - Diesel Buses (2) 200,000 200,000 200,000 200,000 200,000 - - - - - Electric Buses (2) - - - - - 2,624,000 - - - Transfers Out - Fleet Maintenance Fund: - 2020 COPs (Fleet Maintenance Bldg.)197,204 193,002 193,002 193,002 193,825 195,612 196,348 196,048 196,048 - 80/20 Match on Grant for Lifts 201,562 - 256,000 256,000 240,000 - - - - Transfers Out - Equipment Replacement Fund: - Police Dept. Take-home Vehciles and Equipment 505,922 - - - - - - - - - Dump Truck/Road Widener/Roller 316,163 316,163 316,163 - - - - - - External Vest Ballistic Plates - - - - 40,000 - - - - - Heavy Duty Dump Trailer - - - - 20,000 - - - - - Diesel Light Towers (2)- - - - 38,000 - - - - - Armored Rescue Vehicle - 336,375 - - 336,375 - - - - - Snow Plow - - - - 425,000 - 450,000 - - CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Current Final Original Revised Revised Proposed Audited Budget Budget Budget Budget 2023 2024 2024 2024 2025 2026 2027 2028 2029 Projected Total Other Uses 3,403,174 3,076,151 3,198,705 3,198,705 3,611,702 4,938,158 2,786,718 2,362,145 2,384,754 Total Expenditures and Uses of Funds 8,277,682 9,839,284 27,324,080 27,324,080 10,914,688 11,488,560 8,706,718 7,292,145 4,864,754 Net Source (Use) of Funds 1,490,206 3,910,716 (10,591,542) (10,831,749) 2,052,312 (1,716,163) (1,006,718) (1,092,145) 1,310,246 Fund Balance, Beginning of Year 14,018,774 2,908,167 15,508,980 15,508,980 4,677,231 6,729,543 5,013,380 4,006,662 2,914,517 Fund Balance, End of Year 15,508,980$ 6,818,883$ 4,917,438$ 4,677,231$ 6,729,543$ 5,013,380$ 4,006,662$ 2,914,517$ 4,224,763$ Fund Balances Restricted For: Asphalt Overlay 423,144$ 423,144$ 423,144$ 423,144$ -$ -$ -$ -$ -$ Assigned For: Tract G/URA Projects 844,108 2,429,108 2,429,108 2,429,108 2,429,108 2,080,407 1,680,407 2,580,407 2,380,407 Unassigned:. Unreserved 14,241,728 3,966,631 2,065,186 1,824,979 4,300,435 2,932,973 2,326,255 334,110 1,844,356 Total Fund Balances 15,508,980$ 6,818,883$ 4,917,438$ 4,677,231$ 6,729,543$ 5,013,380$ 4,006,662$ 2,914,517$ 4,224,763$ Town of Avon Position Summary Department / Position 2021 Actual 2022 Actual 2023 Actual 2024 Actual 2025 Budget General Government: Town Manager 1.00 1.00 1.00 1.00 1.00 Deputy Town Manager - 1.00 1.00 1.00 1.00 Chief Administrative Officer - - - 1.00 1.00 Government Manager General 1.00 1.00 1.00 - - Government Fellow 1.00 1.00 1.00 1.00 1.00 Communications Manager 1.00 1.00 1.00 1.00 1.00 Town Clerk 1.00 1.00 1.00 1.00 1.00 Court Administrator/Deputy Town Clerk 1.00 1.30 1.30 1.00 1.00 Cultural Arts & Special Events Manager 1.00 1.00 1.00 1.00 1.00 CASE Senior Coordinator - - - 1.00 1.00 CASE Coordinator - 1.00 1.00 1.00 1.00 Sustainability Manager - - - 1.00 1.00 Sustainability Coordinator - 1.00 1.00 - - Total General Government 7.00 10.30 10.30 11.00 11.00 Finance: Chief Finance Officer - - - 1.00 1.00 Finance Director 1.00 1.00 1.00 1.00 - - Financial Analyst - - 1.00 1.00 1.00 Finance Manager 1.00 1.00 1.00 1.00 1.00 Senior Accountant 1.00 1.00 1.00 1.00 1.00 Payroll Administrator 1.00 1.00 - - - Accountant I-II 3.00 3.00 3.00 3.00 3.00 Total Finance 7.00 7.00 7.00 7.00 7.00 Human Resources: Chief Human Resource Officer - - - 1.00 - HR Director 1.00 1.00 - - - HR Manager 1.00 1.00 1.00 - - HR Generalist I-II 1.70 2.00 3.00 3.00 3.00 Total Human Resources 3.70 4.00 4.00 4.00 3.00 Information Technology: Chief IT Officer - - - 1.00 1.00 IT Manager 1.00 1.00 1.00 - - IT Administrator II - - 1.00 1.00 1.00 Help Desk Technician 1.00 1.00 1.00 1.00 1.00 Page 1 Town of Avon Position Summary Department / Position 2021 Actual 2022 Actual 2023 Actual 2024 Actual 2025 Budget Total Information Technology 2.00 2.00 3.00 3.00 3.00 Page 2 Town of Avon Position Summary Department / Position 2021 Actual 2022 Actual 2023 Actual 2024 Actual 2025 Budget Community Development: Community Development Director - - - 1.00 1.00 Planning Director 1.00 1.00 1.00 - - Planning Manager - - - 1.00 1.00 Senior Planner - 1.00 1.00 - - Housing Planner - - 1.00 1.00 1.00 Planner I-II 1.00 1.00 1.00 1.00 1.00 Building Official 1.00 1.00 1.00 1.00 1.00 Building Inspector - 1.00 1.00 1.00 1.00 Planning & Permit Technician 1.00 1.00 - - - Development Coordinator - - 1.00 1.00 1.00 Total Community Development 4.00 6.00 7.00 7.00 7.00 Police Department: Police Chief 1.00 1.00 1.00 1.00 1.00 Deputy Police Chief 1.00 1.00 1.00 1.00 1.00 Commander - - - - 0.75 Administrative Services Manager 1.00 1.00 1.00 1.00 1.00 Administrative Services Officer 1.00 1.70 1.70 2.00 2.00 Sergeant 5.50 6.75 5.75 5.75 5.00 Detective 1.00 1.00 1.00 2.00 2.00 Patrol Officer 12.00 12.00 12.00 11.00 13.00 Code Enforcement Officer - - 2.00 2.00 2.00 Community Response Officer 0.60 0.60 - - - Police Intern - 0.50 - - - Total Police 23.10 25.55 25.45 25.75 27.75 Public Works Department: Public Works Director - 1.00 1.00 1.00 1.00 Asset Manager - - - 1.00 1.00 Administrative Coordinator - 1.00 1.00 - - GIS Administrator - - 1.00 1.00 1.00 Total Public Works Admin - 2.00 3.00 3.00 3.00 Engineering: Town Engineer 1.00 1.00 - 1.00 1.00 Senior Project Engineer - - 2.00 1.00 2.00 Page 3 Town of Avon Position Summary Department / Position 2021 Actual 2022 Actual 2023 Actual 2024 Actual 2025 Budget Project Engineer 2.00 2.00 2.00 - - Construction Manager - - - - 1.00 Engineering Technician - - - 1.00 - Total Engineering 3.00 3.00 4.00 3.00 4.00 Page 4 Town of Avon Position Summary Department / Position 2021 Actual 2022 Actual 2023 Actual 2024 Actual 2025 Budget Facilities: Facilities Manager - 1.00 1.00 1.00 1.00 Town Electrician 1.00 1.00 1.00 1.00 1.00 Facilities Superintendent 1.00 - - - - Facilities Supervisor - - - 1.00 1.00 Lead Building Technician 1.00 1.00 1.00 1.00 - Building Technician I-II 2.00 3.00 3.00 2.00 3.00 Building Attendant 1.00 1.00 1.00 1.00 1.00 Total Facilities & Buildings 6.00 7.00 7.00 7.00 7.00 Fleet Maintenance: Fleet Director 1.00 - - - - Fleet Manager - 1.00 1.00 1.00 1.00 Fleet Maintenance Foreman 2.00 1.00 1.00 2.00 2.00 Mechanic I-III 4.00 4.00 3.00 2.00 3.00 Fleet Purchasing Coordinator 1.00 1.00 1.00 1.00 1.00 Fleet Parts Specialist - 1.00 1.00 1.00 1.00 Fleet Admin Assistant 0.30 - - - - Mechanic Apprentice 1.00 1.00 2.00 2.00 1.00 Total Fleet Maintenance 9.30 9.00 9.00 9.00 9.00 Mobility: Mobility Director 1.00 - - - - Mobility Manager - 1.00 1.00 1.00 1.00 Mobility Superintendent 1.00 - - - - Mobilty Supervisor 1.00 2.00 1.00 1.00 1.00 Transit Operator 5.00 6.00 6.00 6.00 6.00 Mobility Wash Bay Operator 1.00 1.00 1.00 1.00 1.00 Total Mobility 9.00 10.00 9.00 9.00 9.00 Public Operations: Public Operations Manager 1.00 1.00 1.00 1.00 1.00 Public Operations Assistant Manager 1.00 1.00 - - - Deputy Operations Manager Parks - - - 1.00 1.00 Parks Supervisor 2.00 1.00 1.00 - - Deputy Operations Manager Streets - - - 1.00 1.00 Roads Supervisor - 1.00 1.00 - - Master Gardener 2.00 2.00 2.00 1.00 1.00 Page 5 Town of Avon Position Summary Department / Position 2021 Actual 2022 Actual 2023 Actual 2024 Actual 2025 Budget Operator I-II 11.00 12.00 13.00 14.00 14.00 Total Public Operations 17.00 18.00 18.00 18.00 18.00 Total Public Works 44.30 49.00 50.00 49.00 50.00 Page 6 Town of Avon Position Summary Department / Position 2021 Actual 2022 Actual 2023 Actual 2024 Actual 2025 Budget Recreation Department: Recreation Director 1.00 1.00 1.00 1.00 1.00 Aquatics Superintendent - 1.00 1.00 1.00 1.00 Aquatics Supervisor - 1.00 1.00 1.00 1.00 Aquatics Coordinator 2.00 2.00 3.00 3.00 3.00 Recreation Programs Supervisor 1.00 - 1.00 1.00 1.00 Recreation Programs Coordinator 2.00 1.00 1.00 1.00 1.00 Recreation Specialist 1.00 - - - - Recreation Services Superintendent - 1.00 1.00 1.00 1.00 Recreation Services Supervisor - 1.00 1.00 1.00 1.00 Recreation Services Coordinator 2.00 1.00 1.00 1.00 1.00 Swim Program Supervisor 1.00 1.00 1.00 1.00 1.00 Total Recreation 10.00 10.00 12.00 12.00 12.00 Total Full-time Employees 101.10 113.85 118.75 118.75 120.75 Page 7 STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE OF PUBLIC HEARINGS TOWN OF AVON, COLORADO 2025 PROPOSED BUDGET AND 2024 SUPPLEMENTAL BUDGET AMENDMENT . Notice is hereby given that the 2025 Town of Avon, Avon Urban Renewal Authority and the Avon Downtown Development Authority proposed budgets and a proposed supplemental budget amendment to amend the 2024 Town of Avon budget has been submitted to the Avon Town Council. A copy of the proposed budgets has been filed in the office of the Town Clerk, and a copy of the same can be obtained by contacting the Town Clerk’s Office at 970-748-4001 or mjauregui@avon.org. A public hearing will be held regarding the proposed 2025 proposed budget and 2024 supplemental budget amendment at a regular meeting of the Town of Avon. The meeting will be held on December 10, 2024 and the meeting will begin at 5:00 p.m. JOIN IN PERSON: Avon Town Hall, 100 Mikaela Way, Avon CO 81620 OR JOIN VIRTUALLY VIA PHONE OR ZOOM: Call 346.248.7799. Enter meeting ID: 828 8951 5919 To access the Video Webinar, please go to the Town of Avon website, www.avon.org and click on the Meeting Bar on the top of the Avon home page to find the link for meeting registration. Any further questions please contact the Town Clerk’s office 748-4001 or email comments to mjauregui@avon.org. Please log on to www.avon.org to access the Avon Town Council meeting agenda and packet materials. TOWN OF AVON, COLORADO BY: Miguel Jauregui Casanueva, Town Clerk _______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL DEPUTY TOWN CLERK BRENDA TORRES AT 970-748-4022 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. 1 AVON URBAN RENEWAL AUTHORITY MEETING AGENDA TUESDAY, DECEMBER 10, 2024 MEETING BEGINS AT 5:45 PM Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom AVON URBAN RENEWAL AUTHORITY MEETING IS SCHEDULED TO BEGIN AT 5:45PM. THIS START TIME IS APPROXIMATE AND COULD START EARLIER OR LATER THAN 5:45PM. 1.CALL TO ORDER AND ROLL CALL 2.APPROVAL OF AGENDA 3.PUBLIC COMMENT 4.BUSINESS ITEMS 4.1. PUBLIC HEARING FOR THE ADOPTION OF THE 2025 PROPOSED AND 2024 FINAL REVISED AVON URBAN RENEWAL AUTHORITY ANNUAL BUDGETS (TREASURER PAUL REDMOND) •RESOLUTION 24-01, AMENDING THE 2024 AVON URBAN RENEWAL AUTHORITY BUDGET •RESOLUTION 24-02, SUMMARIZING EXPENDITURES AND REVENUES AND ADOPTING A BUDGET FOR THE AVON URBAN RENEWAL AUTHORITY FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY 2025 AND ENDING ON THE LAST DAY OF DECEMBER 2025 5.APPROVAL OF DECEMBER 12, 2023 URA MEETING MINUTES (AUTHORITY CLERK MIGUEL JAUREGUI CASANUEVA) 6.ADJOURNMENT *Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item, and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI.Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. (970) 748-4088 predmond@avon.org TO: Chairperson Amy Phillips and URA Commissioners FROM: Paul Redmond, Authority Treasurer Eric Heil, Town Manager RE: Avon Urban Renewal Authority 2025 Proposed Budget DATE: December 3, 2024 SUMMARY: This report is presented to Council for adoption of the final revised Urban Renewal Authority 2025 Budget. The Authority is considered a separate legal entity from the Town authorized by the Colorado Urban Renewal Act. The Authority’s budget summary is attached as an exhibit to this report and is also included for informational purposes in the Town’s budget summary as a component unit of the Town. There have been no changes to either the 2024 final revised budget or the 2025 proposed budget since the budget retreats were held on October 22nd. Public hearings were previously held on November 12th and November 19th. RECOMMENDATION: Staff recommends that the Board adopt the resolution as presented. PROPOSED MOTION: “I move to approve Resolution 24-01 adopting the proposed annual budget for the Avon Urban Renewal Authority 2025 Budget.” ATTACHMENTS: Attachment A - Resolution No. 24-01 Attachment B – Avon Urban Renewal Authority Fund Summary Thank you, Paul Avon Urban Renewal Authority Resolution No. 24-01 December 10, 2024 Page 1 of 2 AVON URBAN RENEWAL AUTHORITY RESOLUTION NO. 24-01 A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES AND ADOPTING A BUDGET FOR THE AVON URBAN RENEWAL AUTHORITY FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2025, AND ENDING ON THE LAST DAY OF DECEMBER, 2025. WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority has directed the Authority’s Executive Director to prepare and submit a proposed budget for its consideration; and WHEREAS, Paul Redmond, Treasurer, has submitted a proposed budget and held a budget retreat with said governing body on October 22, 2024; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place, public hearings were held on November 12, November 19, and December 10, 2024 and interested taxpayers were given the opportunity to file or register any objections to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues or planned to be expended from reserves/fund balances so that the budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE AVON URBAN RENEWAL AUTHORITY: Section 1. That estimated revenues and expenditures for the Avon Urban Renewal Authority are as follows for 2025: 2025 Proposed Budget Avon Urban Renewal Authority Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 512,694 2,912,197 2,603,194 Ending Fund Balance $ 821,697 ATTACHMENT A Avon Urban Renewal Authority Resolution No. 24-01 December 10, 2024 Page 2 of 2 Section 2. That the budget, as submitted, hereby is approved and adopted as the budget of the Avon Urban Renewal Authority for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Chairman and made part of the public record of the Authority. ADOPTED December 10, 2024 by the AVON URBAN RENEWAL AUTHORITY BOARD OF COMMISSIONERS By:______________________________ Attest:________________________ Amy Phillips, Chairwoman Paul Redmond, Treasurer CERTIFIED: _____________________________ Miguel Jauregui Casanueva, Authority Clerk Final Original Revised Proposed Actual Budget Budget Budget 2023 2024 2024 2025 SEE FUND SUMMARY EXPENDITURES BY CATEGORY The Urban Renewal Fund's main source of funding is property tax increment revenues for Urban Renewal Plan areas within the Town. The Town Center West Urban Renewal Plan Area was created in 2007, and is the only urban renewal plan area within Avon. The plan area has a 25-year life for tax increment financing. Property tax increment revenues for 2024 are based upon a preliminary increment of $46,508,100 and a mill rate of 62.617. BUDGET SUMMARY: AVON URBAN RENEWAL FUND ADMINISTRATION OF THE FUND The Avon Urban Renewal Fund is administered by the AURA Treasurer / Town of Avon Chief Finance Officer. FINANCIAL SUMMARY ATTACHMENT B Fund Summary Original Revised Proposed Actual Budget Budget Budget 2023 2024 2024 2025 REVENUES Taxes 1,912,402$ 2,784,809$ 2,784,809$ 2,912,197$ Investment Earnings 2,385 - - - TOTAL REVENUES 1,914,787 2,784,809 2,784,809 2,912,197 EXPENDITURES Current: General Government - 1,000 1,000 1,000 Treasurer Fees 56,903 57,000 57,000 102,000 Debt Service: Principal 634,175 648,867 648,867 664,728 Interest 114,861 99,843 99,843 84,466 Fiscal Charges 400 1,000 900 1,000 Total Operating Expenditures 806,339 807,710 807,610 853,194 Other Uses Transfers Out - Capital Projects Fund 1,000,000 1,750,000 1,750,000 1,750,000 TOTAL EXPENDITURES 1,806,339 2,557,710 2,557,610 2,603,194 NET SOURCE (USE) OF FUNDS 108,448 227,099 227,199 309,003 FUND BALANCES, Beginning of Year 177,047 285,495 285,495 512,694 FUND BALANCES, End of Year 285,495$ 512,594$ 512,694$ 821,697$ AVON URBAN RENEWAL AUTHORITY #22 Summary Debt Service Summary Final Original Revised Proposed Account Actual Budget Budget Budget Number Description 2023 2024 2024 2025 DEBT SERVICE 932 Series 2013, Tax Increment Revenue Bonds 65101 Principal -$ -$ -$ -$ 65102 Interest - - - - 65103 Fiscal Agent Fees - - - - 65108 Arbitrage Compliance Fees - - - - 933 Series 2017, Tax Increment Revenue Bonds 65101 Principal 186,647 197,867 197,867 203,728 65102 Interest 61,435 50,215 50,215 44,355 65103 Fiscal Agent Fees 400 500 500 500 65108 Arbitrage Compliance Fees - - - - 934 Series 2020, Tax Increment Revenue Bonds 65101 Principal 433,000 451,000 451,000 461,000 65102 Interest 68,090 49,627 49,627 40,111 65103 Fiscal Agent Fees - 500 500 500 65108 Arbitrage Compliance Fees - - - - 60000 TOTAL DEBT SERVICE 749,572$ 749,709$ 749,709$ 750,194$ AVON URBAN RENEWAL AUTHORITY Debt Service MINUTES FOR THE URBAN RENEWAL AUTHORITY (URA) MEETING TUESDAY, DECEMBER 12, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 1. CALL TO ORDER AND ROLL CALL Video Start Time: 01:28:18 The meeting was hosted in a hybrid format, in-person at Avon Town Hall and virtually via Zoom.us. Chair Amy Phillips called the December 12, 2023, Urban Renewal Authority (URA) Meeting to order at 6:28 p.m. A roll call was taken, and URA Board Members present in person were Chico Thuon, Rich Carroll, Lindsay Hardy, Vicechair Tamra Underwood, and Chair Amy Phillips. URA Board Members present virtually were RJ Andrade and Ruth Stanley. They were joined by Town Manager Eric Heil, Deputy Town Manager Patty McKenny, General Government Manager Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Avon Police Chief Greg Daly, and Finance Director Paul Redmond. 2. APPROVAL OF AGENDA Video Start Time: 01:29:00 URA Board Member Hardy presented a motion to approve the Agenda, as presented. URA Board Member Carroll seconded the motion. The motion passed unanimously with a 7-0 vote. 3. PUBLIC C OMMENT Video Start Time: 01:29:47 Chair Phillips explained to the public how to participate via video/audio, via telephone, or via email for public comments. No public comments were made in person nor virtually. 4. BUSINESS ITEMS 4.1 Appointing Paul Redmond As The URA Treasurer Video Start Time: 01:30:00 With unanimous support from URA Board Members, Chair Phillips acknowledged for the record that Finance Director Redmond serves as the URA Treasurer. 4.2 Public Hearing for the adoption of the 2024 proposed and 2023 final revised Avon Urban Renewal Authority Annual Budgets (Treasurer Paul Redmond) • Resolution 23-01, amending the 2023 Avon Urban Renewal Authority Budget • Resolution 23-02, summarizing expenditures and revenues and adopting a Budget for the Avon Urban Renewal Authority for the calendar year beginning on the first day of January 2024 and ending on the last day of December 2024 Video Start Time: 01:30:15 Treasurer Paul Redmond introduced the topic of URA Resolutions 23-01 and 23-02, providing confirmation that no change has been made to these budgets since the Budget Retreat. URA Board Member Hardy asked if Mr. Redmond, as incoming Treasurer, felt the budget is appropriate and its use correct, which Mr. Redmond answered in the affirmative stating it is being used properly. Town Manager Eric Heil detailed the boundaries of the URA to the URA Board Members. URA Chair Phillips opened the floor to the public hearing and no public comments were made in person nor virtually. URA Vicechair Underwood moved to approve URA Resolutions 23-01 and 23-02. URA Board Member Hardy seconded the motion. The motion passed unanimously with a 7-0 vote. MINUTES FOR THE URBAN RENEWAL AUTHORITY (URA) MEETING TUESDAY, DECEMBER 12, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 5. APPROVAL OF THE DECEMBER 13, 2022 URA MEETING MINUTES (AUTHORITY CLERK MIGUEL JAUREGUI CASANUEVA) Video Start Time: 01:34:55 URA Vicechair Underwood moved to approve the December 13, 2022 URA Meeting Minutes, with a request to amend the signature block of such minutes with the names of the new URA Board Member composition. URA Board Member Hardy seconded the motion. The motion passed unanimously with a 7-0 vote. 6. ADJOURNMENT There being no further business to come before the Authority, Chairwoman Smith Hymes moved to adjourn the meeting. The time was 6:40 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, URA Clerk APPROVED: Mayor Amy Phillips ___________________________________ Tamra Underwood Ruth Stanley Lindsay Hardy RJ Andrade Rich Carroll Chico Thuon 970-748-4072 awade@avon.org TO: Honorable Mayor Phillips and Council members FROM: Arnell Wade, General Government Fellow RE: Proclamations: Years of Service for Mayor Amy Phillips and Councilor Russell “RJ” Andrade DATE: November 25, 2024 SUMMARY: Please find attached two proclamations honoring the service of Mayor Amy Phillips and Councilor Russell “RJ” Andrade. Amy has served four (4) four-year terms, while Russell “RJ” Andrade has served one (1) four-year term for the Town of Avon. Mayor Phillips will read the Proclamation for Councilor Andrade and then Mayor Pro Tem Tamra Underwood will read the Proclamation for Amy Philips. The outgoing council members and current Town Council members are invited to share some comments at this time. ATTACHMENT A: Proclamation Honoring Councilor Russell “RJ” Andrade ATTACHMENT B: Proclamation Honoring Councilor Amy Phillips PROCLAMATION Town of Avon, Colorado A PROCLAMATION THANKING RUSSELL “RJ” ANDRADE FOR HIS YEARS OF SERVICE WHEREAS, Russell “RJ” Andrade has served with distinction on the Avon Town Council since December 2020 and provided thoughtful and resolute leadership for the citizens of Avon in his four-year term; and WHEREAS, RJ also served on Avon’s Health and Recreation Committee where he dedicated himself to promoting the good health and well-being of Avon’s community; and WHEREAS, in addition, RJ was appointed to the Economic Development Leadership Council to represent Avon on that advisory board assisting with regional and local collaboration and research on economic development initiatives, and as an alternate to the Boards of Directors of the Eaglebend, Kayak Crossing and Buffalo Ridge housing corporations which provide essential Community Housing for the Eagle River Valley’s workforce; and WHEREAS, RJ, in accordance with his oath of office, upheld and supported Avon’s home rule charter and the constitutions of the State of Colorado and the United States of America; and WHEREAS, RJ’s years of service to Avon have been marked by exemplary dedication to taking time to listen and respond to Avon’s residents and Avon’s business community on all matters; and WHEREAS, RJ’s courteous, quietly deliberate manner and voice repeatedly brought meaningful insight and perspective to the Avon Town Council and his devotion to economic opportunity, fair and honorable business practices, and the well-being of the people of our town has led to the Town of Avon being a prosperous and flourishing place for decades to come; NOW, THEREFOR, BE IT PROCLAIMED ON DECEMBER 10th, 2024, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THE FOLLOWING: By virtue of the foregoing, we the Avon Town Council proclaim December 12th, 2024, as “RUSSELL’RJ’ ANDRADE DAY” in the Town of Avon, Colorado, and urge all Avon citizens to congratulate and thank RJ for his years of public service. TOWN OF AVON BY:______________________________________ ATTEST:____________________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT A PROCLAMATION Town of Avon, Colorado A PROCLAMATION THANKING AMY PHILLIPS FOR HER YEARS OF SERVICE WHEREAS, Amy Phillips has served with distinction on the Avon Town Council from 2004-2012, and 2016-2024 provided steadfast and resolute leadership to the Avon Town Council and staff as Mayor Pro Tem from 2020 to 2022 then Mayor from 2022 to 2024; with a proven history of “leading into action” on many important community topics as follows; and WHEREAS, Amy Phillips provided vision and leadership and gave valuable insights and expertise to enhancing the cultural, artistic and event platforms in Avon; she has attended hundreds of special events as a huge supporter during her tenure on Avon’s Cultural Arts Special Events (CASE) Committee from 2019-2023; and WHEREAS, Amy Phillips has devoted nearly two decades of her life to High Five Media on the board of directors, both as a member and president. Driven by media transparency and access, Amy has wielded High Five Media through economic uncertainty to being a driving resource for residents and guests of Eagle County; and WHEREAS, Amy Phillips served as a Colorado Association of Ski Town (CAST) liaison, on the coalition, Amy sought to support legislation that will benefit and sustain the mountain communities, based on goals that foster growth, which will ensure an exceptional quality of life for citizens and a positive experience for visitors; and WHEREAS, Amy Phillips motivation and support for accessible and available transportation and trails drove her to stand as a “champion” alongside other Eagle County leaders to develop operating policy and improve transit services regionally; she has participated in countless hours serving as a Board member on both ECO Transit and Core Transit helping to shepherd a successful ballot proposal to permanently fund and increase transit services throughout the Vail Valley; and WHEREAS, Amy Phillips appointment to the EGE Air Alliance allowed for continual operations of the Eagle County Regional Airport (EGE) which is a vital part of the Eagle County economy that has a vibrant flight service program. Amy also led and partake in continual, important discussions of concerns; and WHEREAS; Amy Phillips’s passion for events, sustainability, transportation, and transparency and her commitment to public service have been an amazing example of exceptional leadership; she has shared her vision and supported turning Avon’s vision into reality on many community topics; and her work will inspire us to continue to support Avon to grow, prosper and be a vibrant community and destination for everyone to live, work and visit for decades to come; and WHEREAS, Amy Phillips 16 years of service have been marked by exemplary dedication with a leadership style that is rooted in recognizing that she serves the people first as she has always taken time to listen and respond to Avon residents and Avon’s business community on any and all matters; NOW, THEREFORE BE IT PROCLAIMED ON DECEMBER 10TH , 2024, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THE FOLLOWING: By virtue of Councilor “Amy Phillips” community involvement, leadership, and dedication, we the Avon Town Council proclaim December 11TH, 2024, as “Amy Phillips DAY”, in the Town of Avon, Colorado, and urge all Avon citizens to congratulate and thank Amy Phillips for her years of public service. TOWN OF AVON BY:______________________________________ ATTEST:_____________________________________ Tamra Underwood, Mayor Pro Tem Miguel Jauregui Casanueva, Town Clerk ATTACHMENT B 970.748.4001 mjauregui@avon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Miguel Jauregui Casanueva, Town Clerk RE: Resolution 24-30 Appointment of Municipal Judge DATE: December 5, 2024 SUMMARY: Resolution No. 24-30 is presented to satisfy municipal statutory requirements for the appointment of a municipal judge to the Avon Municipal Courts. BACKGROUND: Title 2 - Administration and Personnel, Chapter 2.08 Municipal Court, Section 2.08.060 of the Town Code sets forth that Town Council will appoint the Municipal Judge for a term no less than 2 years. Cyrus G. “Buck” Allen III has been the Town’s Municipal Judge for over 40 years and has distinguished himself in service to the Town of Avon, its Municipal Courts, residents, and guests. RECOMMENDATION: Staff recommends Council approval of Resolution 24-30 designating Cyrus G. “Buck” Allen III as Town of Avon’s Municipal Judge for 2 years. PROPOSED MOTION: “I move to approve Resolution 24-30, appointing Cyrus G. “Buck” Allen III as the Town of Avon’s Municipal Judge for 2 years.” Thank you, Miguel ATTACHMENT A: Resolution 24-30 RESOLUTION 24-30 REAPPOINTING C.G. ALLEN, III MUNICIPAL JUDGE WHEREAS, Cyrus G. ("Buck") Allen, III was heretofore appointed Municipal Judge of the Town of Avon; and WHEREAS, the aforesaid Cyrus G. Allen, III has served as judge to the satisfaction of the Town Council, and it is the desire of the Council that he be reappointed. NOW, THEREFORE BE IT RESOLVED that C.G. ("Buck") Allen, III is hereby reappointed to serve as Municipal Judge of the Town of Avon for a term expiring on the date of the organizational meeting of the Town Council after the general election to be held in 2026. ADOPTED DECEMBER 10th, 2024, BY THE AVON TOWN COUNCIL By:_________________________________ Attest: ___________________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT A 970-748-4001 mjauregui@avon.org TO: Council Members FROM: Miguel Jauregui Casanueva, Town Clerk RE: Election Results of November 5, 2024 Process for Selection of Mayor and Mayor Pro Tem DATE: December 5, 2024 SUMMARY: The purpose of the report is to (1) report the final official certified November 5, 2024 General Election results, and (2) provide the context for the selection of the Mayor and Mayor Pro Tem. The Town thanks County Clerk and Recorder Regina O’Brien and her team with the Eagle County Clerk’s Electoral Office in coordinating and administering a successful election season. The new Town Council members who will be sworn in Tuesday include Lindsay L. Hardy, Kevin Hyatt, and Gary L. Brooks. Judge Cyrus “Buck” Allen III will administer the oath of office (Attachment A) for the swearing-in ceremony. The process for the selection of the next Mayor and Mayor Pro Tem will begin immediately after, see steps on page 2. ELECTION RESULTS: The two tables below provide the final official certified results for the municipal candidate race as well as the Ballot Issue 2C results for the Town of Avon. Please access the link November 5, 2024 General Election | Avon, CO - Official Website to view the official certified election results for the full Eagle County ballot, CLICK “Certified Election Results”. Please note some highlights provided by the Eagle County Clerk that helps to explain the results of the candidate election: There were 2,381 TOA ballots cast in this election and there were 3,022 active registered TOA voters (the active, registered voter total is determined on Election Day morning). This is what determines the voter turnout of 78.79% for this race. The total number of undervotes was 3,168 which is made up of votes not cast for the Town Council race out of a possible three vote per voter (since this was a vote for up to three candidate race). For example, if a voter did not vote for any candidates, that would equate to four undervotes. If a voter only voted for two candidates, that would equate to two undervotes. 970-748-4001 mjauregui@avon.org If you multiply the total number of TOA ballots cast by three possible votes per voter, the total is 7,143 possible votes. Then, if you add the "Total Votes" of 3,022 plus the total number of "Undervotes" of 3,168, you come up with 6,190 which is the total number of possible votes that could have been cast in the Town Council race when 2,381 voters’ ballots were counted. MAYOR AND MAYOR PRO-TEM: The Avon Home Rule Charter sets forth the election of the Mayor and Mayor Pro Tem, see section below: Section 4.3 - Election of mayor and mayor pro-tem. The Mayor and Mayor Pro-Tem shall be elected from amongst the duly elected Council members by the concurring vote of four (4) Council members at its first organizational meeting held after final certification of the election results after each regular municipal election or as soon as practical after a vacancy of the position of Mayor or Mayor Pro-Tem occurs. Any vacancy of the position of Mayor or Mayor Pro-Tem shall be filled in accordance with the procedures in this Section. (Ord. 11-13 §3) In addition, the Charter outlines the powers and duties of each position, as follows: Section 4.4 - Mayor and mayor pro-tem - powers and duties. The Mayor shall preside at meetings of Council and shall exercise such powers and perform such other duties as are or may be conferred and imposed upon him by this Charter or the ordinances of the Town. The Mayor shall have the power to vote on all matters in accordance with procedures adopted by Council by motion or resolution. The Mayor shall be recognized as the head of the Town government for all ceremonial, dignitary and legal purposes and he (sic) shall execute and authenticate legal instruments requiring his signing as such official. In the absence or disability of the Mayor, the Mayor Pro-Tem shall preside at meetings of Council and shall have all powers and duties of the Mayor. (Ord. 11-13 §3) 970-748-4001 mjauregui@avon.org Section 4.5 - Acting mayor. In the absence or disability of the Mayor and Mayor Pro-Tem, the Council may appoint by motion a Council member to serve as the Acting Mayor at such meeting who shall preside at the meeting and shall have all powers and duties of the Mayor as regards final actions taken by Council at such meeting. (Ord. 11-13 §3; Ord. 84-3 §l) SELECTION PROCESS FOR MAYOR AND MAYOR PRO TEM: Please note the steps for the selection process below: 1. A Chairperson is selected by the Council. The Chairperson may be a member of Council or any other person. 2. The Chairperson takes roll call of members. 3. Nominations are taken by the Chairperson for the position of Mayor. Self-nominations are acceptable. 4. Each nominated candidate will be allotted time to speak about his/her interest in serving as Mayor. 5. After remarks are concluded, time is allowed for a question-and-answer session for each of the nominees by the entire Council, including the nominees’ asking questions of each other. 6. Council members vote completing the paper ballot which indicates the name of the person voting and his/her vote for the Mayor or Mayor Pro Tem. The Town Attorney and the Town Clerk will confirm the total votes for each nomination, and then read each Council members’ vote into the record. 7. If there is a tie, the vote is repeated. 8. The same process is followed for the selection of the Mayor Pro-Tem position. TOWN MANAGER RECOMMENDATION OR COMMENTS: Thank you, Eric and Miguel ATTACHMENT A: Oath of Office OATH OF OFFICE STATE OF COLORADO ) EAGLE COUNTY ) TOWN OF AVON ) I, _____________________ DO SOLEMNLY SWEAR THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND STATE OF COLORADO, AND THE CHARTER AND ORDINANCES OF THE TOWN OF AVON, AND FAITHFULLY PERFORM THE DUTIES OF TOWN COUNCIL MEMBER FOR THE TOWN OF AVON UPON WHICH I AM ABOUT TO ENTER. ___________________________ 12/10/2024___ AVON TOWN COUNCIL MEMBER DATE SUBSCRIBED AND SWORN TO BEFORE ME THIS 10TH DAY OF DECEMBER 2024. ______________________________ MIGUEL JAUREGUI CASANUEVA, TOWN CLERK ATTACHMENT A 970-748-4013 idejong@avon.org TO: New Honorable Mayor and Council FROM: Ineke de Jong, Chief Administrative Officer RE: Approval of 2025 Regular Meeting Schedule DATE: December 5, 2024 SUMMARY: A draft of the Council regular meeting schedule is presented to Council for review, discussion and approval. Council discusses and adopts the next year’s meeting schedule in December to verify that the schedule works for all Council members and give everyone a chance to plan ahead. Once the schedule has been approved by Council, the dates will be posted to the Town’s website and staff will follow-up with calendar invites for all Councilors. ACTION BEFORE COUNCIL: Please find attached the proposed regular meeting schedule for 2025, which reflects the second and fourth Tuesdays of each month, unless otherwise noted. Meetings will begin at 5:00 p.m., unless Council would like to discuss and provide direction on a different start time for meetings. The Council meeting schedule includes the following special considerations for meeting dates: 1.February 4th – Council Member Roles and Expectations Retreat. A quasi-judicial and public hearing (and ex parte, ethics, etc) review by Town Attorney Nina Wiliams will be part of this retreat. 2.July 8th – (Summer Break) – We propose skipping the July 8th meeting to allow Council a break in the middle of summer, the week after Salute to the USA. 3.October 21st – Council Budget Retreat will be on the 3rd Tuesday in October (instead of the 4th Tuesday) due to the Coordinated Election occupying Council Chambers the following week. 4.November 18th – Council Meeting will be on the 3rd Tuesday in November (instead of the 4th Tuesday) due to the Thanksgiving Break the following week. 5. December 23rd – No meeting due to the Christmas Break PROPOSED MOTION: “I move to approve the 2025 Avon Town Council Meeting Schedule with or without changes.” Thank you, Ineke ATTACHMENTS: Proposed 2025 Council Meeting Calendar Council Meeting Council Retreat Holiday or School Break Council Meeting Council Retreat Holiday or School Break 2025 Avon Town Council Proposed Meeting Calendar January February March Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 1 1 5 6 7 8 9 10 11 2 3 4 5 6 7 8 2 3 4 5 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 23 24 25 26 27 28 29 30 31 April May June Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 1 2 3 1 2 3 4 5 6 7 6 7 8 9 10 11 12 4 5 6 7 8 9 10 8 9 10 11 12 13 14 13 14 15 16 17 18 19 11 12 13 14 15 16 17 15 16 17 18 19 20 21 20 21 22 23 24 25 26 18 19 20 21 22 23 24 22 23 24 25 26 27 28 27 28 29 30 25 26 27 28 29 30 31 29 30 July August September Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 1 2 1 2 3 4 5 6 6 7 8 9 10 11 12 3 4 5 6 7 8 9 7 8 9 10 11 12 13 13 14 15 16 17 18 19 10 11 12 13 14 15 16 14 15 16 17 18 19 20 20 21 22 23 24 25 26 17 18 19 20 21 22 23 21 22 23 24 25 26 27 27 28 29 30 31 24 25 26 27 28 29 30 28 29 30 31 October November December Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 1 1 2 3 4 5 6 5 6 7 8 9 10 11 2 3 4 5 6 7 8 7 8 9 10 11 12 13 12 13 14 15 16 17 18 9 10 11 12 13 14 15 14 15 16 17 18 19 20 19 20 21 22 23 24 25 16 17 18 19 20 21 22 21 22 23 24 25 26 27 26 27 28 29 30 31 23 24 25 26 27 28 29 28 29 30 31 30 Highlights: 2/24 – 2/28: EC School District Mid Winter Break The ‘25/’26 EC School District Breaks are TBD. 4/21 – 4/25: EC School District Spring Break 10/27 – 11/4: Coordinated Election Retreats: 2/4 Council Member Roles & Expectations Retreat, 10/21 Budget Retreat MEMORANDUM TO: Board of Directors FROM: Brian Thompson, Government Affairs Supervisor DATE: November 22, 2024 RE: Summary of Oct. 24, 2024, Board Meeting The following is a summary of items discussed at the Authority’s Oct. 24, 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. Director Kerwin was the Acting Chair for this meeting as Chair Gregory was attending remotely. FY 2025 Budget, Rates, and Fees Public hearings were held concerning the proposed FY 2025 budget, service rates, and fees. The board approved resolutions to adopt the budget, appropriate sums of money, and increase certain rates and fees. ECCD ballot measure The board approved a resolution supporting a question on the Eagle County Conservation District (ECCD) ballot that would create a small mill levy to provide sustainable funding to ECCD operations and conservation projects. Fund Balance Policy The board approved an updated fund balance policy that increases the cash-on- hand requirement from six months to 500 days, which is necessary to improve bond ratings and enhance financial flexibility and security. Board Compliance Training The board participated in the fourth and final component of the 2024 compliance training. Kathryn Winn facilitated the training, highlighting legal principles and best practices related to open meetings, executive sessions, and open records. Federal legislation Siri Roman said District staff reached out to Sens. Bennet and Hickenlooper urging support for the Wastewater Infrastructure Pollution Prevention and Environmental Safety (WIPPES) Act, and thanking them for efforts to make progress on the Bolts Ditch Act, which is scheduled for a Senate committee hearing on Nov. 19. Regulation #31: Basic Standards & Methodologies for Surface Water Siri Roman reported on a letter sent collectively by the District, Authority, Eagle County, and the towns of Avon, Eagle, Gypsum, Minturn, and Vail that provided comments to the Colorado Water Quality Control Commission regarding stream temperature standards. This letter was necessary to identify issues that may be raised during the Regulation 31 Rulemaking Hearing in June 2026. Wastewater Master Plan Siri Roman, Chris Geisting, and Madeline Harris presented the Wastewater Master Plan and discussed the interconnectedness of the Edwards regional facility with those in Avon and Vail. They also discussed upcoming nutrient upgrade projects in Edwards and Vail that must be completed to comply with stricter limits on total phosphorous and nitrogen, as well as cooling infrastructure that would need to be installed if temperature limits are included in a facility permit. 2025 Regular Meeting Schedule Directors supported the proposed 2025 board meeting schedule consisting of ten regular meetings on the fourth Thursdays of Jan., Feb., and May to November, as well as the second Thursdays of Apr. and Dec., all scheduled to start at 8:30 a.m. HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, NOVEMBER 12, 2024 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOM 1. ROLL CALL Present- Committee Members: Committee Chairman Kevin Hyatt, Committee Vice Chairman Nancy Tashman and Committee Members Pat Nolan, Lisa Post, Kathy Ryan, Sonia Martinez, Courtney Walters Rawson Staff: Recreation Director Michael Labagh, Aquatics Superintendent Kacy Carmichael, Recreation Services Superintendent Jerrica Miller, General Government Fellow Arnell Wade, Recreation Services Supervisor Mike Atencio and Recreation Programs Supervisor Luke Herron. Town Council: N/A Absent- Committee Members: Lisa Post Town Council: Amy Philips Committee Chairman Kevin Hyatt opened the meeting at 12:10 p.m. 2. APPROVAL OF THE AGENDA Committee Member Pat Nolan made a motion to approve the agenda and Committee Member Nancy Tashman seconded to approve the agenda. Committee Chairman Kevin Hyatt declared the agenda approved. 3. APPROVAL OF THE SEPTEMBER 10, 2024 MEETING MINUTES Committee Member Pat Nolan made a motion to approve the minutes from the September 10 meeting. Committee Member Nancy Tashman seconded the motion and Committee Chairman Kevin Hyatt declared the minutes approved. 4. PUBLIC COMMENTS No public comments were made in person or online via Zoom. 5. BUSINESS ITEMS 5.1 Recreation Department Update Recreation Director Michael Labagh updated the committee on operations transitioning into the Fall and Winter. Recreation Programs Supervisor Luke Herron reported that the Pumpkin Fun Run was a success and that they saw 45 families this year. Within this event was a costume contest, face painting, apple bobbing, a 2 kilometer race and haunted house adventure. Committee members applauded Luke’s efforts and expressed approval and excitement about the community event. Recreation Director Michael Labagh spoke about the Recreation Department employee appreciation event at Brown’s Canyon Adventure Park and thanked his wonderful staff for all they do for the community. Michael also announced that Avon’s Nottingham Park won a “Best of Vail” award for Best Family Entertainment. Director Labagh provided an overview of fall training and certification classes for lifeguards and swim instructors. Aquatics Superintendent, Kacy Carmichael provided more information to the group and explained that Avon Elementary School swim lessons are rotated to different grades each spring and fall. Training was ramped up through October and the department was able to certify new Lifeguarding Instructors, who can now assist with teaching certification courses. HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, NOVEMBER 12, 2024 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOM Michael Labagh continued his presentation and shared that 7 full-time staff members were able to attend the Colorado Parks and Recreation Association (CPRA) Conference this year. The conference was held in Keystone, CO and always provides an opportunity for professional development and networking among peer agencies. Recreation Department staff shared their highlights from attend ing the conference with the committee. Recreation Services Superintendent, Jerrica Miller shared that she enjoyed her seminars about time management and self-care for operational and administrative staff. Aquatics Superintendent, Kacy Carmichael shared that she attended the Aquatics Section luncheon where members discussed different operations surrounding lifeguards, trainings, ADA requirements, and mental health resources. Recreation Services Supervisor, Mike Atencio shared that he enjoyed networking and learning that most mountain communities are managing similar problems in the industry. Committee Member Pat Nolan asked about the key issues Avon Parks and Recreation is facing. Recreation Director Michael Labagh provided several topics such as, users abiding by posted rules, misuse of equipment, facility crowding, aging equipment and infrastructure and staff shortages. Committee member Courtney Walters Rawson asked about demographic of customers causing issues in the recreation center. Recreations Services Supervisor Mike Atencio answered that staff can see a clash of generations in the facility, not respecting each other’s time or space. Recreation Services Superintendent Jerrica Miller added that differing customer wants and needs play a role in it as well. Recreation Director Michael Labagh went to the National Recreation and Park Association (NRPA) Conference in Atlanta, GA and had an enjoyable time as well. He got to attend the vendor expo, educational sessions, meetings, luncheons and meet with different vendors for product and program implementation here in Avon. Michael shared that he most enjoyed listening to keynote speaker, Dan Buettner who spoke about the impact that parks and recreation centers have on people’s health and well-being. Michael explained that Dan Buettner is an explorer, researcher and author of The Blue Zones, which refers to areas of the world with the highest life expectancy. Committee Member Kathy Ryan commented that after reading the provided article about Dan Buettner and his research, she feels that Avon could already be a “Blue Zone” as described. Recreation Programs Supervisor Luke Herron felt inspired for the next program cycle to spend time creating programs for the older populations. The committee offered feedback stating that the $5.00 fee associated with the Rummikub Social Club was a big reason why people didn’t attend since they can play for free elsewhere. Committee Member Pat Nolan shared that all her older adult participants love Jodie’s approachable “Move It” class every Mondays at 10:00 a.m. Recreation Director Michael Labagh shared that the department appreciates all their feedback and asked the committee members to contact him with any more comments or questions about future programming ideas. Committee Member Pat Nolan inquired about partnering on programs with recreation staff and Recreation Services Superintendent, Jerrica Miller detailed the process to make that happen. HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, NOVEMBER 12, 2024 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOM Recreation Director Michael Labagh provided a recap of the facility maintenance closure. Projects included upgrading pool area lights, surveillance cameras and network and audio/visual infrastructure. Visitation and sales numbers are on par compared to Fall 2023. The Committee all cheered that the Town is now the official operator of Avon Turkey Trot while embracing a partnership with the Vail Valley Foundation. A percentage of the race registration fees will continue to benefit YouthPower365. Recreation Programs Supervisor Luke Herron expressed appreciation for all the sponsors for helping with this year’s Turkey trot in terms of food and beverages for participants. Recreations Services Supervisor, Mike Atencio spoke about the Black Friday seasonal membership and punch pass sale. He explained that staff decided to provide a discount for Afterschool program punch passes to hopefully increase enrollment. Recreation Department staff provided an overview of upcoming winter programs including lifeguard training, futsal, pickleball, basketball, volleyball and new programs like adult dodgeball and adult pickleball league. Committee Member Kathy Ryan inquired about lake safety during the winter since aeration will be present again. Recreation Director Michael Labagh responded that he would work with the Public Works team about protocol and procedures regarding this concern. Recreation Director Michael Labagh finished his update by providing a general overview of the recreation software platform, SmartRec, which allows you to access all programs the department offers. He continued his overview by showing how to navigate to the department’s program offerings through Avon.org and the monthly newsletter. Lastly, Michael shared the adjusted hours of operation for the recreation center during the holidays for the committee’s awareness. 5.2 Health and Recreation Committee Update Recreation Director Michael Labagh updated the committee on what to expect heading into the new year for the committee. Director Michael Labagh congratulated Chairman Kevin Hyatt for being elected to the Avon Town Council and everyone cheered for him. Director Michael Labagh discussed coordination for electing a new Committee Chairman and the process for recruiting new committee members. Recreation Director Labagh reviewed the proposed committee meeting schedule for 2025 and asked for member feedback. All members approved of the proposed schedule where the meetings will be held on the third Tuesday, every other month from 12:00 p.m. to 1:30 p.m. beginning in January 2025. 6. ADJOURNMENT Committee Chairman Kevin Hyatt requested a motion to adjourn the meeting. Vice Committee Chairman Nancy Tashman moved to adjourn the meeting. Committee Member Kathy Ryan seconded the motion. The meeting adjourned at 1:10 p.m. Respectfully submitted by: Arnell Wade General Government Fellow _______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS. AVON PLANNING & ZONING COMMISSION MEETING ABSTRACT MONDAY, NOVEMBER 18, 2024 PUBLIC MEETING BEGINS AT 5:30 PM PUBLIC MEETING: 5:30 PM 1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON) MEETING COMMENCED AT 5:33PM. A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS BRAD CHRISTIANSON, ANTHONY SEKINGER, KEVIN HYATT AND BRIAN SIPES WERE PRESENT. OLIVIA COOK AND NICOLE MURAD WERE ABSENT. ALSO PRESENT WERE TOWN MANAGER, ERIC HEIL, COMMUNITY DEVELOPMENT DIRECTOR MATT PIELSTICKER, AICP, PLANNING MANAGER JENA SKINNER, AICP, PLANNER II MAX MORGAN, AICP, DEVELOPMENT COORDINATOR, EMILY BLOCK. 2. APPROVAL OF AGENDA ACTION: COMMISSIONER HYATT MADE A MOTION TO APPROVE THE AGENDA. COMMISSIONER CHRISTIANSON SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 4-0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS THERE WERE NO CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION. 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA PUBLIC COMMENTS ARE LIMITED TO THREE (3) MINUTES. THE SPEAKER MAY BE GIVEN ONE (1) ADDITIONAL MINUTE SUBJECT TO PLANNING AND ZONING COMMISSION APPROVAL. THERE WERE NO PUBLIC COMMENTS. 5. PUBLIC HEARINGS 5.1. CPA24001 – SUN ROAD REDEVELOPMENT PLAN – JENA SKINNER, PLANNING MANAGER ACTION: COMMISSIONER SEKINGER MADE A MOTION TO CONTINUE THE PUBLIC HEARING TO DECEMBER 9, 2024 AT 5:30PM. COMMISSIONER SIPES SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 4-0. 6. CONSENT AGENDA 6.1. OCTOBER 21, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES ACTION: COMMISSIONER SEKINGER MADE A MOTION TO APPROVE THE CONSENT AGENDA. COMMISSIONER CHRISTIANSON SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 4-0. 7. FUTURE MEETINGS 7.1. DECEMBER 9, 2024 8. STAFF UPDATES 8.1. CITY MARKET GIFT CARDS 8.2. VAIL VALLEY FOUNDATION EARLY CHILDCARE CENTER – REFERRED PZC COMMENTS TO TOWN COUNCIL _______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS. 9. ADJOURN THE MEETING WAS ADJOURNED AT 7:18PM THESE MEETING MINUTES ARE ONLY A SUMMARY OF THE PROCEEDINGS OF THE MEETING. THEY ARE NOT INTENDED TO BE COMPREHENSIVE OR TO INCLUDE EACH STATEMENT, PERSON SPEAKING OR TO PORTRAY WITH COMPLETE ACCURACY. THE MOST ACCURATE RECORDS OF THE MEETING ARE THE AUDIO RECORDING OF THE MEETING, WHICH CAN BE OBTAINED FROM THE TOWN CLERK’S OFFICE BY SUBMITTING A PUBLIC INFORMATION REQUEST. RESPECTFULLY, EMILY BLOCK CASE COMMITTEE MEETING MINUTES THURSDAY, NOVEMBER 21, 2024 IN PERSON AT AVON TOWN HALL CASE COMMITTEE MEETING MINUTES, 21 NOVEMBER 2024 PAGE 1 | 4 1. ROLL CALL Present: Town Councilor Ruth Stanley, Committee Chair Justin Chesney, Committee Members Danielle McNair, Calyn Reiger, and Kerri Thelen Staff: Culture, Arts, & Special Events Manager Danita Dempsey, Special Events Coordinator Emily Dennis Public: Vail Valley Art Guild (“VVAG”) Executive Director Russell Frederickson, and Eagle Valley Library District’s Carrie Mae Mack Absent: Town Councilor Lindsay Hardy, Committee Members Thomas Walsh, Pedro Campos, and Lisa Mattis The meeting was called to order at 12:30 p.m. 2. MINUTES Committee Member Reiger motioned to approve the minutes from September 19, 2024. Committee Member McNair seconded the motion, and it passed unanimously. 3. PUBLIC COMMENT No public comments were made. 4. STAFF UPDATE CASE Manager Dempsey presented the Summer Sizzle Recap video stating that the project was led by Communications Manager, Liz Wood. CASE Manager Dempsey overviewed Town Councils support of the 2025 Proposed Budget for CASE and thanked CASE Committee members for preparing authentic and passionate individual statements of support. She also mentioned that Town Council may want to revisit the 351 Old Fire Station project once new council members are seated and in the first or second quarter of 2025. CASE Manager Dempsey shared that Town Manager adjusted the Proposed Budget. Adjustments included a budget decrease of approximately $39,000. CASE Manager Dempsey reviewed year-over-year attendance, net revenue, etc. information for all third party produced events. Committee Chair Justin Chesney mentioned that Pride in the Park expanded in 2024 to include more free activation for participants. He also mentioned that the event continues to draw in more attendance each year. CASE Manager Dempsey mentioned that Committee Chair Chesney is President of Mountain Pride’s board, and that Pride in the Park faced some weather impacts in 2024. CASE Manager Dempsey reviewed Vail Lacrosse Tournament and mentioned that this is a great sporting event that Town of Avon supports. She mentioned that the Avon portion of the event is smaller than in years past. CASE Manager Dempsey reviewed Triple Bypass and mentioned that this is a very fitting event to host in the Town of Avon and it continues to run better operationally each year. She mentioned that the producer, Team Evergreen, does a CASE COMMITTEE MEETING MINUTES THURSDAY, NOVEMBER 21, 2024 IN PERSON AT AVON TOWN HALL CASE COMMITTEE MEETING MINUTES, 21 NOVEMBER 2024 PAGE 2 | 4 great job at donating back to nonprofits, including local ones to Eagle County. There will be conversations with Team Evergreen in early 2025 to renew the special event agreement to host Triple Bypass in Avon for another three years. The Committee commented/inquired: A. Town Counciler Stanley asked how well the event went. B. Case Manager Dempsey mentioned that the event with very smoothly even with Post Boulevard roundabout construction although considerations are being made for next year on how to be better equipped to deal with extreme heat. The finish area has misting stations, but race producers are considering other options to cool participants. C. Committee Member McNair commented that ice baths for race participants could be a good way to combat heat at the race finish area. CASE Manage Dempsey reviewed Avon Arts Celebration, mentioning that this was their fifth year in Avon and that over 100 artists participated. She also remarked that the producer changed this back to a three-day event in 2024 and included alcohol sales but that the sale of alcohol did not increase attendance. The Committee commented/inquired: A. Town Councilor Stanley asked if the budget includes sales tax information for other events or just Avon Arts Celebration B. Committee Member Thelen asked if there is a way to see how much revenue the event brought in by reviewing hotel and lodging sales tax. C. CASE Manager Dempsey mentioned that there is not a mechanism to capture specific lodging sales tax and that we only know what producers remit from their event. D. Committee Member Thelen stated that she would be interested in knowing more information on hotel sales tax and comparing on a month-to-month basis. E. CASE Manager Dempsey mentioned that there is an accommodations tax report to Town Council each quarter and that she would provide a link to Committee members. CASE Manager Dempsey reviewed Dancing in the Park and mentioned that there was a minimal increase in attendance. She also mentioned that the Town of Avon increased funding for this event. Several Committee members commented on the success of program, stating that it was the best yet. CASE Manager Dempsey reviewed Vail Valley Brew Au’, mentioning that 2024 is the final year for this event. She mentioned that we no longer have Man of the Cliff, XTERRA, and now Brew’Au and that there are no culinary events and asked if the Committee had an opinion. The Committee commented/inquired: A. Committee Member McNair mentioned that she enjoys culinary events, but ones focused on breweries may not be as successful as they were in years past. CASE COMMITTEE MEETING MINUTES THURSDAY, NOVEMBER 21, 2024 IN PERSON AT AVON TOWN HALL CASE COMMITTEE MEETING MINUTES, 21 NOVEMBER 2024 PAGE 3 | 4 CASE Manager Dempsey reviewed Cars in the Park, mentioning that this event was successful for its first year and is a great fit for the Town of Avon. She mentioned that the producer has been encouraged to explore sponsorship opportunities for 2025. CASE Manager Dempsey reviewed AVID Dance, stating that it was a small event and offered a free performance. She also mentioned that there is potential for this event to return in 2025. The Committee commented/inquired: A. Committee Member Thelen asked CASE Manager Dempsey if there was anything she was looking to bring in. B. CASE Manager Dempsey mentioned a few events that may be added in 2025 and discussed the idea of a ticketed event. C. Town Councilor Stanley explained that it may be best to wait to bring new ideas to council until new Town Councilors are seated. D. CASE Manager Dempsey agreed with Town Councilor Stanley. E. Committee Member Thelen expressed interest in more winter events and activations, stating that the upper field is a large open space that could be utilized for fun activities. F. The Committee then discussed logistics of the ice castle in Eagle and the potential for a similar activation in Avon. G. CASE Member Dempsey mentioned that when the time is right, the Committee may need to have a brainstorming session on new events. 5. CURRENT ACTIVITY/PLANNING CASE Manager Dempsey reviewed the third-party produced post-event debrief presentation, mentioning what went well and what improvements can be made for each third party produced event. The Committee commented/inquired: A. Town Councilor Stanley suggested changing the alcohol offerings to a wine tasting for Avon Arts Celebration to see if that would bring in a larger crowd. B. VVAG Executive Director Frederickson asked about the timeline for revisiting the 351 Old Fire Station project. C. CASE Manager Dempsey stated that the 351 Project may be revisited in Q1 or Q2 of 2025. She also overviewed the outcome of the discussion during the CASE Committee and Town Council work session. CASE Manager Dempsey reminded the Committee that some members’ terms end in February 2025 and explains that CASE Applications will be open soon. The Committee comments/inquires: A. The Committee asked for a review of the requirements to sit on the CASE Committee. B. CASE Manager Dempsey reviewed requirements and states that a new meeting schedule will be established once new CASE Committee members have been seated, mentioning that meeting on the third Thursday of the month will remain. CASE COMMITTEE MEETING MINUTES THURSDAY, NOVEMBER 21, 2024 IN PERSON AT AVON TOWN HALL CASE COMMITTEE MEETING MINUTES, 21 NOVEMBER 2024 PAGE 4 | 4 CASE Manager Dempsey updated the Committee on the construction of the restroom building, mentioning that construction is scheduled from April 2025 through September 2025. She also mentions that the special events team will be reconfiguring load in and strike for events during this time. She states that private rentals may be handled on a case- by-case basis. The Committee commented/inquired: A. Committee Member Reiger asked how Salute to the USA will be impacted by construction. B. CASE Manager Dempsey stated that the construction company is aware of Salute to the USA and that work will not be done for approximately one week during that time. C. Committee Member McNair asks how construction will impact parking, noting that employees typically park in the two completely free lots. D. The Committee then discussed how employee parking for local businesses could impact parking for visitors, wondering how this could be handled. E. Council Member Stanley stated that Town Council is always looking at ways to improve parking but there is not currently an affordable solution. F. The Committee discussed the importance of public transit and ways to encourage residents and visitors to use it, mentioning that CORE has seen huge increases in ridership. CLOSING COMMENTS There were a few final questions related to CASE Committee applications, with CASE Manager Dempsey explaining the makeup of the group and the rotation of Town Council members. ADJOURNMENT The meeting was adjourned at 1:26 p.m. Respectfully submitted by: Emily Dennis Specials Events Coordinator (970) 748-4001 mjauregui@avon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Miguel Jauregui Casanueva, Town Clerk RE: Gift Reporting and Disclosure 2024 Birds of Prey World Cup VIP Tickets and Gift Bags DATE: December 5, 2024 SUMMARY: The Town Code of Ethics requires disclosure of any gifts received which exceed $50 in value. “Gifts” includes any present, or offer of future, individual gift, favor, loan, service or thing of value in excess of $50.00 and such gift is offered due to such person’s status as a Town Officer then such Officer shall report such gift and the estimated value to the Town Clerk. The Avon Municipal Code requires the Town Clerk to disclose through a report any gifts offered to any Town Officer per Section 2.30.170 of the Town Code of Ethics. In accordance with §7, Article XXIX of the Colorado Constitution and Section 2.30.170, Chapter 2.30 Avon Town Code of Ethics of the Avon Municipal Code, and any other applicable Avon Home Rule Charter provision, ordinance or resolution adopted by the Town of Avon, I, Miguel Jauregui Casanueva, Town Clerk for Town of Avon, submit the following list of such gifts reported to be received by officers of the Town of Avon: 2024 Birds of Prey World Cup VIP Tickets and Gift Bags – The gift bags provided by the Vail Valley Foundation for the 2024 Birds of Prey World Cup event contained a variety of items. Each Councilor received one VIP Gift Bag and two tickets each day on both Men’s and Women's races. Men’s race takes place on a Friday, Saturday, and Sunday (6 tickets per Councilor). Women’s race is on Saturday and Sunday only (4 tickets per Councilor). The contents of the gift bags are valued as follows: a $350 / Gift Bag, $600 per Friday Ticket, $700 per Saturday Ticket, and $700 per Sunday Ticket. The total value for the gift per Councilor was $3,150. Each Councilor plus Town Manager Eric Heil and Deputy Town Manger Patty McKenny will receive the gift bags and tickets. Town Council is not required to take any action; however, any Town Council member may request Council deliberation of a report gift to determine whether such gift constitutes a conflict of interest. Council members who are the recipient of a gift shall not vote on whether such gift constitutes a conflict of interest unless such gift is offered to Council as a whole. Thank you, Miguel. 970-748-4044 dstockdale@avon.org TO: Honorable Mayor Amy Philips and Council Members FROM: Dean Stockdale, Senior Accountant RE: Financial Report – November & October 2024 data DATE: December 5th, 2024 SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and short-term rental tax for October 2024 and the recreation fees and real estate transfer tax revenues for November 2024. BACKGROUND: The percentage variance, or comparative change is reflected in the analysis portion of this report in respect to each individual section for October revenues in 2024 and November 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 – October 2024: October sales tax revenues totaled $731,652. This is a decrease of $2,033 or 0.28% compared to October 2023 sales tax revenue of $733,685. OCTOBER 2023 v OCTOBER 2024 SALES TAX COMPARISON BY INDUSTRY October 2023 October 2024 Increase/Decrease Home/Garden $100,231.33 $87,485.82 ($12,745.51) Grocery/Specialty/Health $167,566.78 $160,365.35 ($7,201.43) Sporting Goods Retail/Rental $28,378.94 $30,157.62 $1,778.68 Miscellaneous Retail $22,491.89 $26,740.14 $4,248.25 Accommodations $99,656.47 $111,499.11 $11,842.64 Restaurants/Bars $133,368.63 $136,862.27 $3,493.64 Other $6,704.46 $6,637.57 $1,933.11 Service Related $21,408.26 $27,643.81 $6,235.55 Liquor Stores $11,624.80 $15,665.89 $4,041.09 E-Commerce Retail $64,877.00 $68,369.15 $3,492.15 Manufacturing/Wholesale $18,240.77 $10,930.66 ($7,310.11) Construction Related Services $49,555.13 $37,199.13 ($12,.356.00) Digital Media Suppliers/Sellers $8,575.22 $8,539.49 ($35.73) Commercial/Industrial Equipment $822.60 $1,556.49 $733.89 Special Events $183.60 $0.00 ($183.60) TOTAL $733,685.88 $731,652.50 ($2,033.38) Page 2 of 11 Sales Tax: October 2024 Budget v Actual Collections: October 2024 sales tax revenues totaled $731,652. This is a decrease of $117,389 over the October 2024 estimates of $849,042. This is 13.83% below the adopted 2024 budget (based on a 3-year average). OCTOBER 2024 BUDGET v ACTUAL COLLECTIONS - SALES TAX 2024 Budget 2024 Actual Dollar Variance Percentage Variance October $849,042.36 $731,652.50 ($117,389.86) (13.83%) 611,071.51 747,175.12 791,237.51 733,685.88 $731,652.50 22.27%5.90% -7.27%-0.28% $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 $1,000,000 2020 2021 2022 2023 2024 2020-2024 October Sales Tax Revenue Trend Page 3 of 11 Accommodation Tax: Revenues – October 2024: Accommodation tax revenues totaled $111,075 for the month of October. This is an increase of $6,747 or 6.47% compared to October 2023 accommodation tax revenues, which totaled $104,327. Accommodation tax collections by industry type for October 2024 compared to October 2023 reported an increase for Timeshares and Vacation Rentals. OCTOBER 2023 v OCTOBER 2024 ACCOMMODATION TAX COMPARISON BY INDUSTRY October 2023 October 2024 Increase/(Decrease) Timeshares $15,767.85 $15,437.04 ($330.81) Hotels $41,400.23 $37,971.72 ($3,428.51) Vacation Rentals $47,159.23 $57,666.37 $10,507.14 TOTAL $104,327.31 $111,075.13 $6,747.82 October 2024 Budget v Actual Collections: October 2024 accommodation tax revenues totaled $11,075.13. This is a decrease of $26,223 over the October 2024 estimates of $137,298. This is 19.10% below the adopted 2024 budget (based on a 3-year average). OCTOBER 2024 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX 2024 Budget 2024 Actual Dollar Variance Percentage Variance October $137,298.44 $111,075.13 ($26,223.31) (19.10%) 56,679 154,516 118,165 104,327 111,075 172.62% -23.53%-11.71% 6.47% $0 $25,000 $50,000 $75,000 $100,000 $125,000 $150,000 $175,000 $200,000 $225,000 $250,000 2020 2021 2022 2023 2024 2020-2024 October Accommodation Tax Revenue Trend Page 4 of 11 Short Term Rental Tax for CH: Revenues – October 2024: STR Tax for Community Housing totaled $49,117 for the month of October. This is an increase of $3,489 or 7.65% compared to October 2023. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential. OCTOBER 2023 v OCTOBER 2024 STR TAX FOR CH COMPARISON BY INDUSTRY October 2023 October 2024 Increase/(Decrease) Timeshares $7,883.92 $7,718.53 ($165.39) Hotels $15,268.53 $13,408.41 ($1,860.12) Vacation Rentals $22,475.28 $27,990.46 $5,515.18 TOTAL $45,627.73 $49,117.40 $3,489.67 Tobacco & Cigarette Tax: Revenues – October 2024: Tobacco tax revenues totaled $21,935 and cigarette tax revenues totaled $19,860 for October 2024. Compared to October 2023 revenues, this is a decrease of $4,523 for tobacco tax revenues, which totaled $26,459 and a decrease of $1,527 for cigarette tax revenues, which totaled $21,387. 18,295 21,262 25,653 26,459 21,936 16.22% 20.65%3.14% -17.10% - 5,000 10,000 15,000 20,000 25,000 30,000 2020 2021 2022 2023 2024 2020-2024 October Tobacco Tax Revenue Trend Page 5 of 11 October 2024 Adopted Budget v Actual Collections: October 2024 tobacco and cigarette tax revenues totaled $21,935 and $19,860, respectively. This is a decrease of $3,842 over the October 2024 budget for tobacco tax, which is $25,778 and a decrease of $568 over the October 2024 budget for cigarette tax estimates, which is $20,428 which is based on a 3-year average. OCTOBER 2024 BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES 2024 Budget 2024 Actual Dollar Variance Percentage Variance Tobacco $25,778.54 $21,935.93 ($3,842.61) (14.91%) Cigarettes $20,428.25 $19,860.00 ($568.25) (2.78%) Total ($4,410.86) 22,063 20,685 21,438 21,387 19,860 -6.25% 3.64% -0.24% -7.14% 18,500 19,000 19,500 20,000 20,500 21,000 21,500 22,000 22,500 2020 2021 2022 2023 2024 2020-2024 October Cigarette Excise Tax Revenue Trend Page 6 of 11 Real Estate Transfer Tax: Revenues – November 2024: November 2024 real estate transfer tax totaled $475,710. Compared to November 2023, which totaled $277,724, this is an increase of $197,985. This is a decrease of $250,124 over the November 2024 budget which was based on a 3-year average. NOVEMBER 2024 BUDGET v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES 2024 Budget 2024 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $725,834.78 $475,710.00 ($250,124.78) (34.46%) $461,399 $1,049,676 $274,257 $277,725 $475,710 127.50% -73.87% 1.26% 71.29% $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 2020 2021 2022 2023 2024 Real Estate Transfer Tax November Revenue Trends Page 7 of 11 Recreation Center Fees: Revenues – November 2024 Admissions & Program Fees: Recreation admission revenues for November 2024 totaled $236,526 is a decrease of $19,469 compared to November 2023 which totaled $255,996. This is $42,620 above the adopted 2024 budget estimates of $193,906. Recreation program fee revenues for November 2024 totaled $34,662. This is a decrease of $4,698 compared to 2023, which totaled $39,360 This is $3,598 above the adopted 2024 budget estimates, which is $31,063 which is calculated based on a 3-year average. 26,029 134,698 157,992 255,997 236,527 417.49% 17.29% 62.03% -7.61% - 50,000 100,000 150,000 200,000 250,000 300,000 2020 2021 2022 2023 2024 Recreation Admissions November Revenue Trends $13,732 $23,594 $26,765 $39,360 $34,662 71.82% 13.44% 47.06% -11.94% $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 2020 2021 2022 2023 2024 Recreation Program Fees November Revenue Trends Page 8 of 11 Tax Revenue Comparison – 2023 v 2024: All taxes are down for 2024 compared to 2023. Rec Center revenue is favorable compared to the prior year. Below is a table which reflects the dollar change and percentage variance. Total revenue for the YTD is reflecting an unfavorable variance to 2023. Adopted Budget 2024 v Actual 2024: All taxes reflect an unfavorable variance over the 2024 budget. Rec Center revenue is favorable compared to the 2024 budget. Total revenue for the YTD is reflecting an unfavorable variance to the 2024 budget. Below is a table which reflects the dollar change and percentage variance. 2023 v 2024 YTD Revenue Comparison 2023 2024 Dollar Variance Percentage Variance Sales Tax $10,717,680.34 $10,587,689.51 ($129,990.83) (1.21%) Acc. Tax $1,984,156.62 $1,785,978.98 ($198,177.64) (10.90%) STR Tax for CH $888,512.37 $804,512.78 ($83,999.59) (9.45%) Tobacco Tax $313,305.35 $263,499.21 ($49,806.14) (15.79%) Cigarette Tax $211,378.50 $201,555.54 ($9,822.96) (4.65%) Rec Admissions $1,212,400.38 $1,239,585.30 $27,184.92 2.24% Rec Program Fees $404,669.14 $405,779.24 $1,110.10 0.27% TOTAL $15,732,102.70 $15,288,60.56 ($443,502.14) (2.82%) 2024 Revenue Comparison – Budget v Actual Budget Actual Dollar Variance Percentage Variance Sales Tax $11,261,214.91 $10,587,689.51 ($673,525.40) (5.98%) Acc. Tax $2,083,192.53 $1,785,978.98 ($297,213.55) (14.27%) STR Tax for CH $888,961.43 $804,512.78 ($84,448.65) (9.50%) Tobacco Tax $297,578.43 $263,499.21 ($34,079.22) (11.45%) Cigarette Tax $204,098.03 $201,555.54 ($2,542.49) (1.25%) Rec Admissions $999,554.68 $1,239,585.30 $240,030.62 24.01% Rec Program Fees $353,101.27 $405,779.24 $52,677.97 14.92% TOTAL $16,087,701.28 $15,288,600.56 ($799,100.72) (4.97%) Page 9 of 11 Real Estate Transfer Tax: Revenues YTD 2024 BUDGET/PRIOR YEAR v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES 2024 Budget 2024 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $7,135,806.64 $6,622,622.99 ($513,183.65) (7.19%) 2023 Actual 2024 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $4,461,633.37 $6,622,622.99 $2,160,989.62 48.43% New and Renewed Business and STR Licenses – 2023 v 2024: The total number of 2024 business licenses issued through November was 1,154. This was down 53 licenses or 4.4% for the year to date. The total number of STR licenses issued through November was 135. Compared to 2023 the STR licenses were down 6 licenses or 4.3% for the year to date. 2024 v 2023 – Business and STR Licenses – Year to Date 2024 2023 License Variance Percentage Variance Business License - Vendor 869 915 (46) (5.0%) Business License – Fixed Location 195 203 (8) (3.9%) Business License – Home Occupation 60 57 3 5.3% Business License – Special Event 30 32 (2) (6.3%) TOTAL BUSINESS LICENSES 1,070 1,123 (53) (4.7%) STR License 130 132 (2) (1.5%) Page 10 of 11 - 100.00 200.00 300.00 400.00 500.00 600.00 700.00 800.00 900.00 1,000.00 Business License - Vendor Business License - Fixed Location Business License - Home Occupation Business License - Special Event Business Licenses Issued 1/1 -11/30 2022 2023 2024 0 50 100 150 200 250 300 STR License STR Licenses Issued 1/1 -11/30 2022 2023 2024 Page 11 of 11 EXPENDITURES: NOVEMBER 2024 General Fund YTD Actuals v 2024 Budget: General Fund expenditures through November 2024 total $20,094,516 which is 76.01% 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 November 2024 total $2,002,865.77 which is 59.02% 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 November 2024 total $1,701,745.99 which is 78.04% of the total adopted budget. These expenditures include wages, health benefit, fuel, vehicle maintenance, utilities, equipment, and operating supplies. Capital Projects Fund YTD Actuals v 2024 Budget: The Capital Improvement expenditures through November 2024 total $6,456,340 which is 66.04% of the total adopted budget. These expenditures were made up of primarily West BC Blvd. street improvements, Public works garage, Nottingham Rd basin erosion control, and trail improvement projects. Thank you, Dean 970-748-4013 idejong@avon.org TO: Honorable Mayor Phillips and Council Members FROM: Ineke de Jong, Chief Administrative Officer RE: Signed Letters of Support DATE: December 5, 2024 SUMMARY: This report presents an overview of letters of support that were signed and submitted in recent weeks. BACKGROUND: At the February 13, 2024 Regular Town Council meeting, Council discussed the topic of letters of support and sign-on letters and requests. Staff outlined it is very difficult to define a policy that clearly indicates when letter of support requests should be reviewed by Council as a whole and when the Mayor or Manager should sign. There are many times when it is in Avon’s interest to support a policy decision and the timing is too quick to include on a Council meeting, so some level of delegation to Mayor and Manager would be helpful. Council agreed that the Town Manager and the Mayor can review the contents of the letter request and determine if it is consistent with policies already adopted by the Town (which may include plan documents, annual Department goals, or previous direction provided by Council). If the letter request is consistent then Mayor or Manager would sign on behalf of the Town. Council asked to include copies of the signed letters on future Council agendas under written reports. A first group of signed support letters was included in the April 23, 2024 Council Packet and a second and third group were presented in the July 23 2024 and October 8 2024 Council Packets. The attached letters were signed in October & November. COUNCIL DIRECTION: This report is informational, and no Council action is required. Thank you, Ineke ATTACHMENT A: October 7 Letter of Support for the Eagle River Fire Protection District’s (ERFPD) application for the FRWRM Grant. ATTACHMENT B: November 19 Letter of Support for Walking Mountains’ (WM) proposed project aimed at advancing equitable climate action in the Eagle Valley. ATTACHMENT C: November 21 Joint Letter of Support for Eagle Mine Superfund Site - Exclusion of Third-Party Data from Five Year Reviews. Post Office Box 975 100 Mikaela Way Avon, CO 81620 October 7, 2024 Hugh Fairfield-Smith Fire Management Officer Eagle River Fire Protection District RE: Wildfire Mitigation Projects Dear Mr. Fairfield-Smith, On behalf of the Town of Avon, I am writing to express our enthusiastic support for the Eagle River Fire Protection District (ERFPD) in their application for the FRWRM Grant. The ERFPD has been a cornerstone in developing a robust fuels program in our area, significantly enhancing our community’s resilience against wildfire threats. ERFPD’s proactive approach and strategic initiatives have been critical in mitigating wildfire risks. Their expertise and dedication have not only improved our preparedness but have also fostered a culture of safety and awareness within our community. The fuels program developed by ERFPD has set a high standard for effective wildfire mitigation and serves as a model for other districts. Recognizing the importance of these efforts, the Town of Avon is committed to supporting wildfire mitigation initiatives. We have allocated specific budget line items for wildfire mitigation, reflecting our dedication to reducing wildfire risk and ensuring the safety of our residents. This financial commitment underscores our ongoing support for ERFPD’s initiatives and our shared goal of creating a safer environment for all. The exceptional work done by ERFPD has been nothing short of remarkable. Their tireless efforts, professionalism, and unwavering commitment to our community’s safety have been exemplary. Additionally, the chipping program initiated by ERFPD has been a tremendous success, providing residents with an effective means to manage and reduce combustible materials around their properties. This program has significantly contributed to our overall wildfire mitigation strategy and has been met with widespread acclaim from our community. We are confident that the FRWRM Grant will enable ERFPD to further enhance their capabilities and continue their outstanding work in wildfire mitigation. Thank you for considering this letter of support. We look forward to the continued success of ERFPD and the positive impact of their initiatives on our community. Sincerely, __________________________________ Eric Heil, Town Manager Attachment A Post Office Box 975 100 Mikaela Way Avon, CO 81620 November 19, 2024 Colorado Department of Public Health and Environment Attn: Environmental Justice Advisory Board 4300 Cherry Creek Drive South Denver, CO 80246 Dear EJ Board Members, I am writing on behalf of Town of Avon to express our enthusiastic support for Walking Mountains’ (WM) proposed project aimed at advancing equitable climate action in the Eagle Valley. As a partner organization committed to fostering community engagement and environmental justice, we recognize the critical need for inclusive climate initiatives that address the unique challenges faced by the Latinx community in Eagle County. WM’s dedication to amplifying the voices of historically underrepresented populations aligns seamlessly with our mission to promote climate-related social equity and environmental stewardship. The proposed project’s focus on bilingual education, outreach, and community-driven strategies is essential for ensuring that all residents, particularly those from the Latinx community, have access to vital climate resources and can actively participate in shaping the future of their environment. We have witnessed firsthand the positive impact of Walking Mountains’ initiatives, including the Climate Action Collaborative and more recently the Inclusive Community Climate Action project, which successfully built trust and engagement within the Spanish-speaking community. The establishment of the Climate Equity Work Group and the recruitment of bilingual Climate Advocates will further enhance community involvement and ensure that diverse perspectives are integrated into climate action planning. As a partner, the Town of Avon is committed to collaborating with Walking Mountains to amplify our long- standing collaborative outreach efforts, facilitate community engagement, and provide resources that empower residents to take action on climate issues. We believe that by working together, we can create a more resilient and equitable community that prioritizes the health and well-being of all its members. We wholeheartedly endorse Walking Mountains and urge the grant committee to support this vital project. Together, we can foster a healthier, more sustainable Colorado where every resident is equipped to address the challenges posed by climate change. Thank you for considering our support for this important initiative. We look forward to the opportunity to collaborate with Walking Mountains and contribute to advancing environmental justice in our community. Attachment B Sincerely, Amy Phillips Mayor Town of Avon 100 Mikaela Way, Avon, CO 81620 aphillips@avon.org November 21, 2024 Ms. Jamie Miller transmitted via email US EPA Region 8 1595 Wynkoop Street Denver, CO 80202 Re: Eagle Mine Superfund Site - Exclusion of Third-Party Data from Five Year Reviews Dear Ms. Miller, The Eagle River Water & Sanitation District (“the District”), Upper Eagle Regional Water Authority, Eagle County, Eagle River Coalition, and the towns of Avon, Eagle, Gypsum, Minturn, and Vail (collectively the “Eagle River Stakeholders”) provide the attached memorandum in response to the EPA’s position that third- party data shall be excluded from all future five-year reviews for the Eagle Mine Superfund Site. Protecting and improving the water quality of the Eagle River watershed is of utmost importance to the Eagle River Stakeholders. The Eagle Mine Superfund Site, despite the cleanup activities that have occurred over the past 30 years, continues to cause degradation of the water quality of the Upper Eagle River because remedial actions needed to meet water quality standards have not been fully implemented. Eagle River water quality is a crucial component of Eagle County’s recreation- and tourism-based economy. Furthermore, there are numerous drinking water treatment facilities and wastewater treatment facilities located downstream of the Site that are also negatively affected by increased metals loading upstream, as it increases the cost of treatment for drinking water and wastewater alike due to increased metals in source water (drinking water), reduced assimilative capacity in the river resulting in lower discharge limits (wastewater), and increased chemical use to achieve treatment requirements (both). The Eagle River Stakeholders strongly object to EPA’s decision to exclude third- party data (with the exception of USGS data) from future five-year reviews and other reports. Since cleanup began at the Eagle Mine Site more than 30 years ago, the frequency and duration of exceedances of water quality standards for metals in the Upper Eagle River have been reduced; nonetheless, such exceedances occurred in four out of the five-year (2017-2022) period of record. All these exceedances were detected in water samples collected by the District and River Watch, while no exceedances of the standards were detected in samples collected by the Potentially Responsible Party (PRP) and USGS. The District invests more than 240 staff-hours per year sampling Upper Eagle River site E-22 just downstream of Minturn. In fact, the District’s data makes up 45% of all the data collected by all parties in the Upper Eagle River across Segments 5a, 5b, and 5c (64% when River Watch data is incorporated). Data collected by the PRP only makes up 26% of all the samples collected by stakeholders (35% with the USGS data incorporated). Water quality data collected by the District and River Watch is readily available and credible, is used by the Colorado Water Quality Control Division and EPA for other regulatory purposes and should not be excluded from future five-year reviews and other studies, Attachment C Page 2 of 2 including the pending preliminary design investigation associated with the groundwater extraction systems at Belden and Rock Creek. We request that the EPA reconsider its decision to exclude third-party data from its FYRs. We also request the opportunity to meet with you to further discuss our concerns and options for addressing these issues. As stakeholders, we all share the goal of fully implementing the remedial measures needed to meet water quality standards at the Eagle Mine Site. I submit this letter on behalf of the Boards of Directors of the Eagle River Water & Sanitation District and the Upper Eagle Regional Water Authority, as well as Jeff Shroll, Eagle County Manager, Vicki Flynn, Eagle River Coalition Executive Director, and the following town managers: Eric Heil (Avon), Larry Pardee (Eagle), Jeremy Rietmann (Gypsum), Michelle Metteer (Minturn), and Russell Forrest (Vail). Please let us know if you have any questions. We look forward to hearing from you soon. Sincerely, Siri Roman, P.E. General Manager Eagle River Water & Sanitation District CC: Steve Bushong, Bushong & Holleman PC Sydney Chan, US EPA Region 8 Jessica DiToro, PE, LRE Water Vicki Flynn, Eagle River Coalition Russell Forrest, Town of Vail Marcia Gilles, Eagle County Sarah Graves, CDPHE, HMWMD Eric Heil, Town of Avon Larry Pardee, Town of Eagle Jeremy Rietmann, Town of Gypsum Bill Hoblitzell, Lotic Hydrological, LLC Michelle Metteer, Town of Minturn Jeff Shroll, Eagle County Bob Weaver, LRE Water Lauren Whitney, CDPHE, HMWMD Nov. 21, 2024 Eagle River Stakeholders – Exclusion of Third -Party Data from Five Year Reviews Enclosure to letter submitted on behalf of the Boards of Directors of the Eagle River Water & Sanitation District and the Upper Eagle Regional Water Authority, as well as Eagle River Coalition, Eagle County, and the town s of Avon, Eagle, Gypsum, Minturn, and Vail. 1. Introduction and Purpose The purpose of this report is to document the Eagle River Stakeholders’ objections and concerns regarding EPA’s preliminary decision to limit the data to be used for the water quality analysis to be included in the upcoming Five-Year Review (FYR) for the Eagle Mine Superfund Site. At the Sep. 5, 2024, Eagle Mine Quarterly Stakeholder Meeting, Sydney Chan informed stakeholders that the EPA would be triggering an early FYR for the Site, starting at the beginning of the EPA’s 2025 fiscal year. Additionally, for th is next FYR, the data to be used for the water quality analysis would be limited to data collected by the Potentially Responsible Party (PRP) and United States Geological Survey (USGS) and data collected by others, including River Watch and the Eagle River Water & Sanitation District (the District), would not be us ed in the analysis. We feel that this decision is seriously flawed because it is inconsistent with the State’s adopted methodology for determining compliance with water quality standards, it is no t based upon sound scientific and technical analysis, it is inconsistent with the methodology used by EPA for other superfund sites in Colorado, it is inconsistent with the use of third-party data by the EPA for other reports and studies for the same Site, and it will jeopardize the credibility of the FYR. These concerns are detailed below. 2. Inconsistency with State’s methodology for determining compliance with water quality standards Pursuant to the Clean Water Act (CWA) (33 U.S.C. §1251 et seq.) the State has primary responsibility for developing and implementing water quality standards, including those standards approved by the Colorado Water Quality Control Commission (WQCC) for Eagle River Segments 5a, 5b, and 5c. Every two years, as required by the CWA, the State updates the 303(d) list of waterbodies that do not meet water quality standards. The State’s 303(d) Listing Methodology, which is updated every two years with input from s takeholders, including the EPA, is used to determine which waterbodies have pollution levels that do not meet water quality standards. EPA regulations require that “Each State shall assemble and evaluate all existing and readily available water quality related data and information to develop the list.” (40 CFR 130.7(b)(5)) Eagle River Stakeholders Page 2 of 6 According to EPA’s 2006 Integrated Reporting Guidance: “Such types of data and information should also be solicited from a wide variety of organizations and individuals, such as: • other state agencies such as Fish and Wildlife, Parks, and Agriculture Departments • federal agencies, including EPA, USGS, NOAA, USDA, and USFWS • local governments • drinking water utilities and state agencies responsible for SDWA implementation • universities and other research institutions • environmental consulting firms • National Pollutant Discharge Elimination System (NPDES) permittees • conservation/environmental organizations • outdoor recreation organizations • citizen monitoring groups ” Emphasis added Colorado’s 303(d) Listing Methodology provides guidelines that are used to evaluate the adequacy (credible evidence) of water quality information as a basis to support listing a waterbody, including the following: “2. Sampling and Analysis Plans Chemical data should be supported by a Sampling and Analysis Plan (SAP), which identifies sampling locations, contains analytical method references, and incorporates Quality Assurance/Quality Control (QA/QC) provisions. QA/QC documentation may include references to a standard QA/QC protocol. During review of chemical data submitted for evaluation, the division may require submittal of the SAP, QA/QC protocols and the results of QA/QC efforts. The division will provide any such information to other parties upon request.” Data collected by the District and River Watch meet this and other 303(d) Listing Methodology requirements, and resulted in the following current 303(d) listings for Eagle River segment 5 1: • 5a – Dissolved cadmium (aquatic life) and dissolved zinc (aquatic life) • 5b – Dissolved zinc (aquatic life) • 5c – Dissolved zinc (aquatic life) It is important to note that the Colorado 303(d) List has been approved by EPA. Failure to use all the readily available and credible data for the water quality analysis to be included in the Eagle Mine FYR is inconsistent with the State’s 303(d) Listing Methodology and will likely result in conflicting conclusions as to compliance with water quality standards in these stream segments. 1 WQCC Regulation 93, pages 135 -136 Eagle River Stakeholders Page 3 of 6 3. Not based on sound scientific and technical analysis As Eagle River segment 5 water quality conditions have improved in response to remediation measures at the Eagle Mine Site, EPA and the Hazardous Materials and Waste Management Division (HMWMD) have relaxed water quality monitoring requirements. Water quality improvements, however, have reduced the frequenc y and duration of exceedances, making it more difficult to identify such exceedances without more frequent monitoring. In response to the inadequacy of monitoring required by the EPA and HMWMD, stakeholde rs have continued their own monitoring programs to provide the data needed to truly assess compliance with stream standards. The following approximates the number of samples collected by each entity from March 1, 2017 , to April 30, 2022 (approximately, but not the exact period of record used in the 6th FYR): Table 1. Sample Counts by Entity and Segment (March 2017 through April 2022) Entity 5a 5b 5c Total PRP 98 35 30 163 District 59 104 122 285 USGS 31 0 31 62 River Watch 29 84 3 116 Totals 217 223 186 626 Only 26% of the readily available and credible data has been collected by the PRP under the monitoring plans approved by EPA and HMWMD. An additional 10% has been collected by the USGS. If the water quality assessment for the upcoming FYR is based only upon data collected by the PRP and the USGS, a total of 64% of the readily available and credible data will be excluded from the analysis. For segments 5b, more than 84% of the readily available credible data will be excluded. None of the recent exceedances in the Upper Eagle River for dissolved cadmium, copper, nor zinc were captured by USGS’s sampling program. In Segments 5a, 5b, and 5c there are only two active USGS monitoring sites: 1) 090646002 in Segment 5a; and 2) 3936271062640003 in Segment 5c. At both these sites, the USGS only collects six samples a year, or one sample every two months. This sampling program was designed to observe long-term water quality trends in conjunction with other USGS sampling locations in the Eagle Rive r basin. The USGS sampling program was not designed to monitor impacts associated with the Eagle Mine. These two USGS sites located in the Upper Eagle River are only sampled once a year in the early spring period of March/April when exceedances of standards caused by the Eagle Mine Site have historically been most likely to occur. 2 USGS 09064600 Eagle River Near Minturn, CO 3 USGS 393627106264000 Eagle River Above Gore Creek Near Minturn, CO Eagle River Stakeholders Page 4 of 6 The District’s Upper Eagle River sampling program operates on a much more robust sampling frequency, with multiple samples being collected in March and April during the early spring runoff period when more frequent water quality standard exceedances occur. The District began collecting data on the Eagle River below Minturn (E -22) in April 2008 when this site was removed from the Eagle Mine sampling program. Collection of this data is important to the District to assess water quality below the Eagle Mine, to provide baseline data for use in watershed planning and management, to assess segment -specific conditions, and to evaluate appropriateness of underlying standards. River Watch collected samples at Above Two Elk, Boneyard, and Tigiwon since 1992. Due to a r eprioritization to down valley water quality sampling in the Brsh Creek watershed by the Eagle River Coalition (previously the Eagle River Watershed Council), the District took over sampling these sites in 2021. As described above, Segment 5a was listed for dissolved cadmium and zinc and Segments 5b and 5c were listed for dissolved zinc.1 Prior to every major rulemaking hearing (RMH), such as the biannual Regulation 93 RMHs, the Water Quality Control Division (WQCD) formally requests stakeholders to submit water quality data meeting the WQCD guidelines through a ‘data call.’ This data is then used by the WQCD in various water quality analyses (e.g., stream attainment assessments for Regulation 93 RMHs). The WQCD then uses the results of these analyses to make recommendations to the WQCC for changes to the regulations.4 It is important to note that the District operates an EPA -certified laboratory located in Avon. The District’s laboratory uses EPA approved methods to analyze drinking water compliance samples, wastewater discharge permit samples, and stream samples that are used by the WQCD to calculate discharge permit limits. As demonstrated in a letter sent to the EPA and the HMWMD by the District and the Authority on Nov. 30, 2022 (Attachment A, “re: 2023 5-Year Review Interview Follow-Up Letter”), the EPA’s monitoring program for the Upper Eagle River has failed previously to accurately capture non - attainment of the water quality standards in the Upper Eagle River. When t he EPA’s PRP data is supplemented with USGS, River Watch, and the District’s data, the following exceedances were identified from 2017 to 2021. Segment 5a: • Two exceedances of the dissolved cadmium acute water quality standard: o April 2019 – EPA Scribe E-12A (two) • Four exceedances of the dissolved zinc acute water quality standard: o April 2019 – EPA Scribe E-12A (two); EPA Scribe E-10 (two) Segment 5b: • One exceedance of the dissolved cadmium acute water quality standard: o April 2018 – River Watch 3291 4 State of Colo rado Section 303(d) Listing Methodology 2026 Listing Cycle , pages 14-15 Eagle River Stakeholders Page 5 of 6 • Two exceedances of the dissolved copper acute water quality standard: o April 2018 – River Watch 32915 o April 2021 – EPA Scribe E-15 • Three exceedance of the dissolved zinc acute water quality standard: o April 2018 – River Watch 3291 o May 2019 – ERWSD E-13; ERWSD E-15 Segment 5c: • Fifteen exceedances of the dissolved zinc acute water quality standard: o April 2017 – ERWSD E-22 (two) o April 2018 – River Watch 3292 o April 2019 – ERWSD E-22 (three); River Watch 3292; EPA Scribe E-22 (three) o April 2020 – EPA Scribe E-22 (five) As is shown in the third bullet under Segment 5b above, if the WQCD had only used CBS- collected data and excluded the April 2018 River Watch data and/or the May 2019 data collected by the District6 Segment 5b would have been delisted for zinc during the 2023 Regulation 93 RMH. However, because the WQCD incorporated data from other sources (like that of the District and River Watch) into their 303(d) analysis for Segment 5b, the segment was retained on the 303(d) List for dissolved zinc in 2023. This demonstrates why excluding third - party data from future FYRs is so concerning and would likely result in conflicting attainment conclusions between the EPA (FYR conclusions) and the WQCD (303(d) Listings). 4. It is inconsistent with the methodology used by EPA for other superfund sites, Annual Reports, Focus Feasibility Studies, and the previous FYR The water quality assessment for the most recent FYR for the Upper Clear Creek Superfund follows the 303(d) Listing methodology. The decision by the EPA to exclude third party data from future FYRs is also inconsistent and a direct contradiction of how third-party data has been used by the EPA in previous studies and reports for the Eagle Mine Site. For example, on page s 2-9 of the Eagle Mine 2022 Annual Report, TCI specifically acknowledges that District data is u s ed to supplement the PRP’s data. “At TCI’s discretion, Figure 2-6 and Figure 2-7 have been supplemented with USGS and ERWSD data. The USGS collects data four times a year at their gaging station 09064600 (corresponding with location E12A). The ERWSD typically collects surface water samples monthly at E12A (Station 950), E15 (Station 3291), and E -22, these data after October 2021 were not available for inclusion in this report.” 5 Note that the WQCD during its review of Segment 5b data for the 2023 Regulation 93 RMH did not count this as a ‘true exceedance’ as when it was averaged with the results collected at the other River Watch sites in Segment 5b that were collected on the same day, the average results of the samples was less than the average standard. This is consistent with the methodology listed in State of Colorado’s Section 303(d) Listing Methodology 2026 Listing Cycle . 6 These results were collected on the same day, and as discussed in Footnote 5, results collected within the same segment on the same day must be averaged and compared to an average water quality standard. When this was done, the average result exceeded the acute water quality standard. Eagle River Stakeholders Page 6 of 6 A review of all Annual Reports available to LRE Water confirms that the District’s data has been us ed to supplement PRP data as far back as, but not necessarily starting in, 2012. The 2020 Annual Report further specifies how the District’s data is supplemented into the Annual Report’s water quality data analysis on pages 2-6: “ERWSD collects surface water samples monthly at E -12A (Station 950), E-15 (Station 3291), and E-22. These data also are typically used to supplement figures in the months for which TCI contractors do not collected samples as well as providing additional d ata for the Spring months” Furthermore, the 2022 Annual Report’s water quality analysis was essentially copied directly into EPA’s 6th FYR, Appendix J (2023), which contains the surface water quality data tables and figures. As the District’s data was used in the 2022 and earlier Annual Reports, and the 6th FYR, it is not clear why EPA would exclude this important information from future FYRs, especially when it appears that the PRP would not object to the use of this data for the water quality assessment. This use of third-party data by the EPA, including that collected by the District, is not limited to the Annual Reports from 2012 to 2022 nor is it limited to the 6th FYR. The Focused Feasibility Study (FFS) dated July 26, 2013, also used third party data from both the District and River Watch. Appendix B (page 162 of 239) to the FFS lists each data point used in the FFS along with the source of that specific data point. There are numerous data points that originate from sampling programs outside that of the PRP’s and USGS’s. 5. The EPA has not provided any regulatory or technical basis for excluding third party data from the analysis The EPA has failed to provide any regulatory or technical basis for excluding readily available and credible third-party data from future FYRs. An extensive literature review conducted by LRE Water failed to identify any EPA regulation, guidance, or policy that specifically instructs EPA staff to exclude third-party data from its FYRs or any other analyses or reports. 6. It will jeopardize the credibility of the FYR If EPA fails to include all the readily available and credible data in the FYR water quality analysis only 60%, 15%, and 32% of the readily available data will be used in the analysis, for stream segments 5a, 5b, and 5c, respectively, and it will result in conclusions that conflict with the State’s 303(d) List. Based on this type of flawed analysis, it is likely that the FYR Protectiveness Determination will find that the remedies implemented to data are “Protective” and no additional remediation will be required. Clearly, this conclusion will not be acceptable to stakeholders because, as documented in our previous comments and the State’s 303(d) List, the aquatic life water quality standards for cadmium and zinc are not being met. 970-748-4446 mlabagh@avon.org Page 1 of 1 TO: Honorable Mayor Amy Phillips and Council members FROM: Michael Labagh, Recreation Director RE: Avon Turkey Trot Race Recap DATE: December 5, 2024 SUMMARY: Recreation Department staff worked with the Vail Valley Foundation and the Town’s Culture, Arts and Special Events (CASE) Division to once again produce the annual Turkey Trot event in Harry A. Nottingham Park. With a renewed partnership with the Vail Valley Foundation the Town will continue to produce the race on an annual basis. Moving forward, the Recreation Department will assist the CASE Division to host a 2k and 5k race IN Harry A. Nottingham Park and along the Eagle Valley Trail within Avon. BACKGROUND: The Eagle-Vail Turkey Trot 5k race has been a staple in the community for the last several years. In 2023, the Town of Avon Recreation Department was able to produce the event on short notice. The race has traditionally been produced by the Vail Valley Foundation and has benefitted YouthPower365. A portion of the race registration fees will continue to benefit YouthPower365. After finalizing the agreement between Vail Valley Foundation and the Town, staff worked diligently planning the event, securing sponsors and recruiting volunteers. ANALYSIS: There were 491 registrants for the 5k and 2k races combined with 500+ people in attendance. The Town made $8,355 in race registration revenue and will donate $4,177.50 (50%) to YouthPower365. The Town spent $6,500 on the event which included race day staffing, general supplies and advertising expenses. In-Kind costs included all donations by local businesses and totaled $2,000 in value. More information and analysis can be found in the Post Event Brief in Attachment A. Thank you, Michael ATTACHMENTS: Attachment A – Avon Turkey Trot Post Event Brief Attachment B – Vail Valley Foundation Letter of Intent Attachment C - Avon Turkey Trot Flyer EVENT OVERVIEW EVENT NAME DAY/DATE AND TIMES PRODUCER Avon Turkey Trot 2k & 5k Race Thursday November 28, 2024 Check-In 8:30AM Race 9:30AM Event end 11:00AM ☒Town Produced ☐3rd party _______________ LOCATION ESTIMATED ATTENDANCE/FREE OR TICKETED WEATHER DURING EVENT Harry A. Nottingham Park Performance Pavilion 491 registrants, 500+ people/spectators, $8,355 race fee revenue Air Temp: 10-15 Degrees Sunny, post snowstorm BRIEF EVENT DESCRIPTION The annual YouthPower365 Turkey Trot (previously held in Eagle-Vail) operation has been officially transferred to the Town of Avon . With a renewed partnership with Vail Valley Foundation, Avon will continue to host the 2K and 5K race in Harry A. Nottingham Park each Thanksgiving. The Avon Turkey Trot is a 2K or 5K Run/Walk with costumes highly encouraged. EVENT DETAILS CASH FUNDING IN-KIND FUNDING: ESTIMATED COST ALCOHOL SERVED $6,500 for advertising, photography/ videography, event supplies & staffing $2,000 in donations ☐Yes, Town Served ☐Yes, BYOB ☐Yes, S.E. Permit ☒No STAFF OBSERVATI0NS/RECOMMENDATIONS Functioned Well: Collaborative planning effort with Public Works and CASE Divisions Marketing efforts Sponsorships Local business support Venue and racecourse Running clock (timing) Parking options Race day volunteers Updated racecourse avoided crowding that was an issue in 2023 Online registration and digital waiver collection Speaker system for festive music and announcements Course amenities (signage, aid station, food, water, etc.) Areas for Improvement/Adjustment Provide race gift to pre-registered participants Difficult to hear announcements at race start due to loud race arch fan Hot cocoa water to powder ratio was inaccurate Expand sponsorship opportunities Increase event planning time Misinformation about family registration circulated (previously an option in 2023) Heavy snowfall and frigid air temperatures was challenging for staff and likely reduced participation ATTACHMENT A POST-EVENT BRIEF Page 2  Due to the significant amount of snow, the area in front of the stage was tight for participants during post-race activities  Consider purchasing Avon branded inflatable race arch Marketing Promotions & Communications  Email list communication: Avon Recreation Department Constant Contact marketing email list and Vail Valley Foundation email blast  Vail Daily Print, Digital and Social Media Ads  Radio ads  Event flyers posted Minturn to Edwards  Vail Daily Ads – English and Spanish  Word of mouth – Eagle-Vail Turkey Trot past participants  Sponsorships o Cash contribution - $250 event sponsor fee  FirstBank  104.7 The Mile  Schaeffer Hyde Construction  Howard Head Sports Medicine  Westin Riverfront Resort & Spa  Mountain Beverage  Vail Daily  East West Hospitality  RA Nelson o Sponsors/Raffle/Race Prizes  Liberty Skis – Ski Poles  Bob's Place – Gift Cards  Vail Mountain Coffee & Tea – Bags of coffee & Gift Cards  Lululemon – Gift Cards  Ptarmigan Sports – Gift Cards  Peak Performance – Gift Cards  Rocky Mountain Taco – Gift Card  Vail IV – Gift Card  Westin Riverfront Resort & Spa – Gift Card  Always Mountain Time Mountain Network – radio ads  104.7 the MILE KKVM VAIL – Radio Ads  Alpine Kind – Gift Card  New Path Outdoors – Gear  Riverwalk Wine & Spirits – Gift Basket  Starbucks Coffee – Coffee for event  Blue Moose Pizza – Cookies for event  Northside Café– Donuts for event  Yetis Grind Coffee – Hot chocolate for event  Vail Recreation District (VRD) – Inflatable race arch Staffing  2 full-time Recreation Department staff  1 full-time CASE Division staff  4 full-time public works operators available for setup  1 full-time public works operator available for tear down  5 part-time staff for race registration and/or setup  9 race day volunteers Page 3 Event Maps & Photos 5k Course: 2K Course: Page 4 Thank you, Michael Labagh Recreation Director ATTACHMENT B AVON TURKEY TROT 2K&5K Thank you to our partners for supporting this community event! Walk, ride, or use public transit | Plastic Free Event | No Smoking | No Pets | No Drones\UVA’s | Well-behaved leashed dogs are welcome Harry A. Nottingham Park Thanksgiving Day - November 28 Race check in begins at 8:30 AM at the Avon Rec. Center Pre-Run Stretch: 9:15-9:25 AM, Race 9:30 AM A percentage of proceeds benefits YouthPower365 2K- $10 per person, 5K- $20 per person *Day of race registration will increase by $5 Costumes are highly encouraged! Avon is proud to partner with the Vail Valley Foundation providing a fun and healthy way for our community to gather this Thanksgiving! ATTACHMENT C 970.748.4088 predmond@avon.org TO: Honorable Mayor Amy Philips and Council Members FROM: Paul Redmond, Chief Financial Officer RE: Bi-Annual Investment update DATE: November 8, 2024 SUMMARY: This memo provides Council Members the Town’s investment policy and total current investment. BACKGROUND: It is the policy of the Town of Avon to invest in public funds in a method which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the Town and conforming to all State statues (C.R.S 24-74-601) governing the investment of public funds. The primary objectives of the Town of Avon’s investment activities shall include: A.Preservation of capital and protection of investment principal. B.Maintenance of sufficient liquidity to meet anticipated cash flows. C.Diversification to avoid incurring unreasonable market risks. Only the following types of securities and transactions shall be eligible for use by the Town per the Investment Policy: a.U.S. Treasury Obligations: Treasury Bills, Treasury Notes, Treasury Bonds, and Treasury Strips with a final maturity not exceeding five years from the date of trade settlement. b.Federal Agency Securities: Debentures and mortgage-backed securities with a stated final maturity not exceeding five years from the date of trade settlement issued by the Government National Mortgage Association (GNMA). c.Federal Instrumentality Securities: Debentures, discount notes, callable, step-up, and stripped principal or coupons with a final maturity not exceeding five years from the date of trade settlement issued by the following only: Federal Farm Credit Bank (FFCB), Federal Home Loan Bank (FHLB), Federal Home Loan Mortgage Corporation (FHLMC), and Federal National Mortgage Association (FNMA). d.Repurchase Agreements with a termination date of 180 days or less collateralized by U.S. Treasury securities or Federal Instrumentality securities listed above with a final maturity not exceeding ten years. For the purpose of this section, the term collateral shall mean purchased securities under the terms of the PSA Bond Market Trade Association Master Repurchase Agreement as modified by the Town’s Master Repurchase Agreement Annex. The purchased securities shall have a minimum market value including accrued interest of 102 percent of the dollar value of the transaction. Collateral shall be held in the Town’s third-party custodian bank as safekeeping agent, and the market value of the collateral securities shall be marked-to-the market daily. Repurchase Agreements shall be entered into only with counterparties who have executed a Master Repurchase Agreement with the Town and who are recognized as Primary Dealers with the Federal Reserve Bank of New York, or with firms that have a Primary Dealer within their holding company structure. Primary Dealers approved as Repurchase Agreement counterparties shall have a short- 970.748.4088 predmond@avon.org term credit rating of at least A-1 or the equivalent and a long-term credit rating of at least A or the equivalent by each service that rates the firm. e. Commercial Paper with an original maturity of 270 days or less that is rated at least A-1 by Standard & Poor’s, P-1 by Moody’s, or F1 by Fitch at the time of purchase by at least two services that rate the commercial paper and rated not less by all services that rate it. If the commercial paper issuer has senior debt outstanding, the senior debt must be rated at least A by Standard & Poor’s, A2 by Moody’s, or A by Fitch by at least two services that rate the issuer and rated not less by all services that rate it. No more than 5% of the Town’s total portfolio may be invested in the commercial paper of any one issuer, and the aggregate investment in commercial paper shall not exceed 20% of the Town’s total portfolio. f. General Obligation Debt with a final maturity not exceeding three years from the date of trade settlement issued by any state of the United States or any political subdivision, institution, department, agency, instrumentality, or authority of any state that is rated at least AA by Standard & Poor’s, Aa by Moody’s or AA by Fitch at the time of purchase by at least two such services that rate the entity. g. Revenue Obligation Debt with a final maturity not exceeding three years from the date of trade settlement issued by any state of the United States or any political subdivision, institution, department, agency, instrumentality, or authority of any state that is rated at least AAA by Standard & Poor’s, Aaa by Moody’s or AAA by Fitch at the time of purchase by at least two such services that rates the entity. h. Local Government Investment Pools organized under CRS 24-75-702 that are “no-load” (no commission or fee charged on purchases or sales of shares); have a constant net asset value of $1.00 per share; limit assets of the fund to those authorized by state statute; have a maximum stated maturity and weighted average maturity in accordance with Rule 2a-7 of the Investment Company Act of 1940; and have a rating of AAAm by Standard & Poor’s, Aaa by Moody’s, or AAA/V1+ by Fitch. i. Money Market Funds registered under the Investment Company Act of 1940 that are “no-load” (no commission or fee charged on purchases or sales of shares); have a constant net asset value of $1.00 per share; limit assets of the fund to those authorized by state statute; have a maximum stated maturity and weighted average maturity in accordance with Rule 2a-7 of the Investment Company Act of 1940; and have a rating of AAAm by Standard & Poor’s, Aaa by Moody’s, or AAA/V1+ by Fitch. j. Time Certificates of Deposit with a maturity not exceeding one year in any FDIC insured state bank, national bank, or state or federal savings bank located in Colorado that meets the credit criteria set forth in the section of this Investment Policy, “Selection of Banks.” Certificates of deposit that exceed FDIC insurance limits shall be collateralized as required by the Public Deposit Protection Act or the Savings and Loan Association Public Deposit Protection Act. The foregoing list of authorized investments shall be strictly interpreted. Any deviation from this list shall have advance approval by the Town Council in writing. 970.748.4088 predmond@avon.org INVESTMENTS: As of November 30, 2024 the Town’s investments total $35,489,765 and has a market value of $40,423,604. 63.96% of the Town’s portfolio is invested in ColoTrust PLUS. ColoTrust PLUS is a stable $1.00 NAV (Net Asset Value) local government investment pool offering daily liquidity that is better suited for every-day funds. The general objective of the PLUS portfolio is to generate a high level of current income while maintaining liquidity and preserving capital by investing only in instruments authorized by State Statues. ColoTrust Plus has a current yield of 4.7889%. The Town’s portfolio also includes 18.28% which is invested in United States Treasuries. The US Treasuries are considered low-risk investments and are generally risk-free when they are held to maturity. This is because Treasuries are issued with the full faith and credit of the federal government. The Town’s US Treasuries are set up in a ladder and will mature at a rate of one or two a year. Upon maturity, they will normally be revested to take advantage of the higher interest rates. Currently, our US Treasury investments are earning between 3.625% and 5.141%. The Town is also invested in ColoTrust EDGE which is a total of 13.86% of the total portfolio. EDGE is designed to complement the daily liquidity offered by ColoTrust Plus. EDGE seeks to generate a high level of income while preserving capital by investing in investment authorized by Statues. EDGE offers longer-dated, fixed income investments seeking to enhance returns while providing intermediate liquidity to its participants. EDGE is intended for longer-term investment compared to PLUS. ColoTrust EDGE has a current yield of 4.8742%. Below is a current view of the Town’s investment portfolio: COUNCIL DIRECTION: This report is informational, and no Council action is required. ATTACHMENT A: ColoTrust Plus + Investment Policy ATTACHMENT B: ColoTrust Edge Investment Policy Thank you, Paul ATTACHMENT A ATTACHMENT B