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TC Packet 10-10-2017  TOWN OF AVON, COLORADO  TOWN OF AVON MEETINGS FOR TUESDAY, OCTOBER 10, 2017  AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM  AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM  AVON TOWN HALL, ONE LAKE STREET _______________________________________________________________________________  MEETING AGENDAS & PACKETS ARE FOUND AT:  HTTP://WWW.AVON.ORG   AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY    IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,   CALL TOWN CLERK DEBBIE HOPPE AT 970‐748‐4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS.  1        AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 3)  AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM (SEE AGENDA BELOW)    1. CALL TO ORDER & ROLL CALL   2. APPROVAL OF AGENDA     3. MEETING PROCEDURES FOR THE MEETING OF OCTOBER 10, 2017     ACTION ITEMS   PRESENTATION OF ITEM   PUBLIC COMMENT – THREE (3) MINUTE LIMIT  ALLOWED TO EACH PERSON WISHING TO  SPEAK, UNLESS MAJORITY OF COUNCIL AGREES  TO A LONGER TIME   COUNCIL DISCUSSION   MOTION    COUNCIL DISCUSSION   VOTE    WORK SESSION AND PRESENTATIONS   PRESENTATION OF ITEM   COUNCIL DISCUSSION   PUBLIC COMMENT – THREE (3) MINUTE LIMIT  ALLOWED TO EACH PERSON WISHING TO  SPEAK, UNLESS MAJORITY OF COUNCIL AGREES  TO A LONGER TIME   COUNCIL DIRECTION    4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA*                          THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY OF COUNCIL AGREES TO  A LONGER TIME (5 MINUTES)     5. PRESENTATION   5.1. SWEARING IN OF PATROL OFFICER BAL HERRERA (POLICE CHIEF GREG DALY) (10 MINUTES)     6. ACTION ITEM  6.1. PUBLIC HEARING SECOND READING OF ORDINANCE 17‐08, ADOPTING A NEW CHAPTER 8.38 OF TITLE 8 OF  THE AVON MUNICIPAL CODE ESTABLISHING DISPOSABLE BAG REQUIREMENTS, INCLUDING A DISPOSABLE  PAPER BAG FEE AND PROVIDING FOR THE COLLECTION AND DESIGNATION OF SUCH FEE                                                                        (DEPUTY TOWN MANAGER PRESTON NEILL) (30 MINUTES)   6.2. PUBLIC HEARING SECOND READING OF ORDINANCE 17‐14, APPROVING A CODE TEXT AMENDMENT  APPLICATION AMENDING TITLE 7 AND THE DEFINITION OF FAMILY (PLANNING DIRECTOR MATT PIELSTICKER)  (10 MINUTES)   6.3. FIRST READING OF ORDINANCE 17‐15 FOR CAPITAL LEASE PURCHASE                                                                        (ASSISTANT TOWN MANAGER SCOTT WRIGHT) ( 5 MINUTES)                                                                            6.4. RESOLUTION 17‐21 IN SUPPORT OF EAGLE COUNTY’S BALLOT QUESTION 1A   (DEPUTY TOWN MANAGER PRESTON NEILL) (5 MINUTES)    6.5. REVIEW AND ACTION TO SOLICIT PRIVATE BUSINESSES FOR LEASING FIRE STATION #7 FOR INTERIM EMPLOYEE  HOUSING (PLANNING DIRECTOR MATT PIELSTICKER) (15 MINUTES)     TOWN OF AVON, COLORADO  TOWN OF AVON MEETINGS FOR TUESDAY, OCTOBER 10, 2017  AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM  AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM  AVON TOWN HALL, ONE LAKE STREET _______________________________________________________________________________  MEETING AGENDAS & PACKETS ARE FOUND AT:  HTTP://WWW.AVON.ORG   AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY    IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,   CALL TOWN CLERK DEBBIE HOPPE AT 970‐748‐4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS.  2    6.6. CONSENT AGENDA    6.6.1. APPROVAL OF RESOLUTION 17‐22 SUPPORTING THE GRANT AGREEMENT BETWEEN THE TOWN OF  AVON, ACTING AS FISCAL AGENT, ON BEHALF OF WALKING MOUNTAINS SCIENCE CENTER AND THE  STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND   (DEPUTY MANAGER PRESTON NEILL)  6.6.2. APPROVAL OF MINUTES FROM SEPTEMBER 26, 2017 COUNCIL MEETING                                                                               (DEPUTY TOWN MANAGER PRESTON NEILL)     7. WORK SESSION    7.1. REVIEW AND DIRECTION IN REGARDS TO 2018 SPECIAL EVENTS FUNDING, AS RECOMMENDED BY THE AD HOC   SPECIAL EVENTS COMMITTEE (AHSEC CHAIR BOBBY BANK) (20 MINUTES)    7.2. REVIEW AND DIRECTION IN REGARDS TO 2018 COMMUNITY GRANT PROGRAM FUNDING, AS RECOMMENDED  BY THE AD HOC REVIEW COMMITTEE (DEPUTY TOWN MANAGER PRESTON NEILL) (20 MINUTES)      8. WRITTEN REPORT  8.1. REVIEW OF LAW REGARDING REMOVAL OF A DISRUPTIVE CITIZEN(S) AND DIRECTION TO THE AVON TOWN  ATTORNEY FOR ANY MODIFICATIONS TO PROCEDURES (TOWN ATTORNEY ERIC HEIL)    9. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (20 MINUTES)   10. 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.     TOWN OF AVON MEETINGS FOR TUESDAY, OCTOBER 10, 2017  AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM  AVON TOWN HALL, ONE LAKE STREET  _______________________________________________________________________________  MEETING AGENDAS & PACKETS ARE FOUND AT:  HTTP://WWW.AVON.ORG   AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY    IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,   CALL TOWN CLERK DEBBIE HOPPE AT 970‐748‐4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS.  3     1. CALL TO ORDER AND ROLL CALL  2. APPROVAL OF AGENDA   3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA  4. PUBLIC HEARING SPECIAL EVENT PERMIT  4.1. APPLICANT NAME:  FIRST DESCENTS  EVENT NAME:  MAN OF THE CLIFF  EVENT DATES:  OCTOBER 14 & 15, 2017  EVENT TIME:  9:00 A.M. UNTIL 5:00 P.M.  LOCATION:   NOTTINGHAM PARK  EVENT MANAGER:   ADAM WILLIAMS  PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR    5. RENEWAL OF LIQUOR LICENSES  5.1. APPLICANT: NORTHSIDE COFFEE & KITCHEN, LLC D/B/A NORTHSIDE COFFEE & KITCHEN  LOCATION: 20 NOTTINGHAM ROAD UNIT # A & C  TYPE:  HOTEL AND RESTAURANT  MANAGER: JIM PAVELICH    6. REPORT OF CHANGE – MODIFICATION OF PREMISES  6.1. APPLICANT: NORTHSIDE COFFEE & KITCHEN, LLC D/B/A NORTHSIDE COFFEE & KITCHEN  LOCATION: 20 NOTTINGHAM ROAD UNIT # A & C  MANAGER: JIM PAVELICH    7. MINUTES FROM SEPTEMBER 26, 2017  8. ADJOURNMENT                TOWN OF AVON, COLORADO  AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, SEPTEMBER 26, 2017  AVON TOWN HALL, ONE LAKE STREET  Page 1      1. A CALL TO ORDER & ROLL CALL  Chairwoman Fancher called the meeting to order at 5:00 p.m. A roll call was taken and Board members  present were Scott Prince, Jake Wolf, Matt Gennett, Amy Phillips, Megan Burch and Sarah Smith Hymes.   Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Police Chief Greg Daly,  Recreation Director John Curutchet and Deputy Town Manager Preston Neill.      2. APPROVAL OF AGENDA  There were no changes to the agenda.     3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA   No public comments were made.     4. RENEWAL OF LIQUOR LICENSES  4.1.  Applicant: Pazzo’s West, Inc. d/b/a Pazzo’s Pizzeria    Location: 82 E. Beaver Creek Blvd.  Type:  Hotel and Restaurant  Manager:  Mark Colwell  The application was presented with no concerns. Board member Phillips moved to approve the renewal  application for Pazzo’s West, Inc. d/b/a Pazzo’s Pizzeria. Board member Wolf seconded the motion and it  passed unanimously.     4.2. Applicant: Vail Valley Mexican Foods, LLC d/b/a Agave   Location: 1060 W. Beaver Creek Blvd   Type: Hotel and Restaurant   Manager: Richard Wheelock  The application was presented with no concerns. Board member Wolf moved to approve the renewal  application for Vail Valley Mexican Foods, LLC d/b/a Agave. Board member Burch seconded the motion  and it passed unanimously.     4.3. Applicant: Fork & Knife, Inc. d/b/a Blue Plate   Location: 48 E. Beaver Creek Blvd   Type: Hotel and Restaurant License   Manager: Adam Roustom  The application was presented with no concerns. Board member Phillips moved to approve the renewal  application for Fork & Knife, Inc. d/b/a Blue Plate. Vice Chairwoman Smith Hymes seconded the motion  and it passed unanimously.     5. MINUTES FROM SEPTEMBER 12, 2017  Vice Chairwoman Smith Hymes moved to approve the minutes from the September 12, 2017, Liquor  Authority meeting. Board member Philips seconded the motion and it passed unanimously.       TOWN OF AVON, COLORADO  AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, SEPTEMBER 26, 2017  AVON TOWN HALL, ONE LAKE STREET  Page 2          6. ADJOURNMENT   There being no further business to come before the Board, Chairwoman Fancher moved to adjourn the  meeting.  The time was 5:04 p.m.    RESPECTFULLY SUBMITTED:                                                       ________________________________                                                   Preston Neill, Deputy Town Manager    APPROVED:  Jennie Fancher  ________________________________    Sarah Smith Hymes  ________________________________    Jake Wolf    ________________________________    Megan Burch  ________________________________    Matt Gennett    ________________________________    Scott Prince  ________________________________    Amy Phillips  ________________________________  Page 1 of 1     TOWN COUNCIL REPORT  To:    Honorable Mayor Jennie Fancher and Avon Town Council  From:    Greg Daly, Chief of Police   Meeting Date: October 10, 2017  Agenda Topic:   Swearing In and Badge Pinning Ceremony for Officer Balmore Herrera       Swearing In and Badge Pinning Ceremony     Tonight we will join Balmore Herrera and his family as he takes his oath as Avon’s newest  Police Officer and receives his badge.      Officer Herrera participated in a robust, challenging and comprehensive testing process in  March 2017.    Officer Herrera previously served in the United State Marine Corps and was an Eagle Police  Office for five years.     It is a long‐standing tradition in the First Responder community that a Badging Ceremony is  held upon completion of Police or Fire Academy, and then upon subsequent promotions.   The badges are the visible signs of his or her role, responsibilities, authority and trust with  our community.    Mayor Fancher will preside over the swearing‐in. The Oath of Office, will be administered by  Deputy Town Clerk Brenda Torres.      Officer Herrera’s wife Atsuko will pin his badge.    Congratulations to Officer Herrera.                    TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Preston Neill, Deputy Town Manager Date: October 10, 2017 Topic: Public Hearing Second Reading of Ordinance 17-08, Adopting a New Chapter 8.38 of Title 8 of the Avon Municipal Code Establishing Disposable Bag Requirements, including a Disposable Paper Bag Fee and providing for the Collection and Designation of such Fee ACTION BEFORE COUNCIL: Before Council is a Public Hearing and action on Second Reading of Ordinance 17-08, adopting a new Chapter 8.38 of Title 8 of the Avon Municipal Code establishing disposable bag requirements, including a disposable paper bag fee and providing for the collection and designation of such fee. SUMMARY OF SEPTEMBER 26, 2017 SECOND READING: At the September 26, 2017, Council meeting, after holding a Public Hearing and discussing a modified version of Ordinance 17-08, Council voted to continue Second Reading of the Ordinance to the October 10, 2017, Council meeting. In addition, staff was directed to further modify the Ordinance as follows:  Amend the Ordinance to include the language in “8.38.050 Retention and Administration of Paper Bag Fee” that was removed as a result of direction after First Reading on October 12, 2017.  Maintain a proposed effective date of May 1, 2018.  Maintain that a ban on plastic bags and a disposable paper bag fee shall apply to all retailers, including but not limited to grocery stores, on May 1, 2018.  Maintain that all retailers shall impose a $0.10 fee on each paper bag consumed at the point of sale.  Amend the Ordinance to reflect that, upon the effective date, retail businesses located in a permanent building in the Town containing at least 4,000 square feet of retail space shall remit 50% of the disposable paper bag fee to the Town.  Amend the Ordinance to reflect that, upon the effective date, retailers operating in less than 4,000 square feet of retail space may retain 100% of the disposable paper bag fee. Ordinance 17-08, included as Attachment 1, has been amended to include the changes listed above. Please refer to the September 12, 2017, and September 26, 2017, Council packets for complete descriptions of the elements of the Ordinance prior to this version. OPTIONS: Options for Council consideration are outlined as follows:  Approve Ordinance 17-08, as presented.  Approve Ordinance 17-08, with alternate language Option A: Upon the effective date, Retailers shall be required to remit one hundred percent (100%) of the Disposable Paper Bag Fee to the Town.  Approve Ordinance 17-08, with alternate language Option B: Upon the effective date, each Retailer may retain one hundred percent (100%) of the Disposable Paper Bag Fee.  Approve Ordinance 17-08, with alternative language Option C: Upon the effective date, each Retailer may retain fifty perfect (50%) of the Disposable Paper Bag Fee. The remaining fifty percent (50%) of the Disposable Paper Bag Fee shall be remitted to the Town.  Approve Ordinance 17-08, with alternative language Option D: For the first twelve (12) months following the effective date of the Disposable Paper Bag Fee, each Retailer may retain fifty percent (50%) of the Disposable Paper Bag Fee to be taken as a Retailer credit against the Disposable Paper Bag Fee due to the Town. Thereafter the entirety of all collected Disposable Bag Fees shall be remitted to the Town.  Approve Ordinance 17-08, modifying the Ordinance to reflect that the revenue from the $0.10 disposable paper bag fee shall be split with the Town differently (e.g., 80/20).  Approve Ordinance 17-08, modifying the Ordinance to reflect that the disposable paper bag fee shall be a different amount (e.g., $0.20 or $0.25).  Approve Ordinance 17-08, modifying the Ordinance to use a particular sales volume or volume of disposable bags sold as the benchmark to determine whether retailers are exempt from having to remit a share of the disposable bag fee to the Town.  Do not approve Ordinance 17-08 PROPOSED MOTION: “I move to approve [with or without modifications] Second Reading of Ordinance 17-08, thereby adopting a new Chapter 8.38 of Title 8 of the Avon Municipal Code establishing disposable bag requirements, including a disposable paper bag fee and providing for the collection and designation of such fee.” LEGAL REVIEW: The Town Attorney has reviewed Council’s direction on First Reading to impose a fee but allow retention of 100% of the fee by the retailers. This is an unusual approach and we are not aware of any communities which have imposed a fee and then permitted retailers to retain all the proceeds of the fee. In order for the fee to be legitimate and defensible, it must be for a valid public purpose. In order for retailers to retain the fee, each will likely need to sign an agreement with the Town stating that the fee will be used for the purposes stated in the Ordinance and agreeing to maintain records of the imposition, collection and expenditure of the fee. The purposes include:  Producing and providing reusable bags to Town residents and guests;  Educating Town residents, businesses and guests about the impacts of waste on the Town's environmental health, the importance of reducing the number of disposable bags entering the waste stream, and the impact of disposable bags on the Town's waterways and the environment;  Creating public educational campaigns to raise awareness about waste reduction and recycling;  Funding programs and infrastructure that allows the Avon community to reduce waste and recycle;  Purchasing and installing equipment designed to minimize waste pollution, including recycling containers and waste receptacles;  Funding community cleanup or collection events and other activities to reduce waste;  Maintaining a public website for the purpose of educating the Town's residents and guests on waste reduction efforts;  Providing educational information to customers about the Disposable Paper Bag Fee;  Training Retailer staff in the implementation and administration of the Disposable Paper Bag Fee;  Improving or altering infrastructure to allow for the administration, collection, implementation, and reporting of the Disposable Paper Bag Fee; and  Paying for the administration of the Disposable Paper Bag Fee Program. BACKGROUND: Climate Action Plan and Strategic Plan This proposed Ordinance stems from the Climate Action Plan for the Eagle County Community (CAP), as well as the Town of Avon 2017-2019 Strategic Plan (Strategic Plan). The Council adopted the CAP on December 13, 2016, and followed that up with approval of an Implementation Schedule for the CAP on March 28, 2017. The Implementation Schedule details a “Reduce use of single use shopping bags county-wide” program and recommends a one (1) year timeframe for implementation. The Strategic Plan, adopted on July 25, 2017, details a “Tier 1 Priority” to “Consider legislation to end the use of plastic bags and non-compostable take-out containers by retailers and restaurants in the Town of Avon.” Single-Use Shopping Bags The use of single-use shopping bags has severe environmental impacts on a local and global scale, including greenhouse gas emissions, litter, harm to wildlife, atmospheric acidification, water consumption and solid waste generation. A single-use shopping bag means any bag made of plastic, paper, or other material that is provided by a store to a customer at the point of sale for the purpose of transporting goods and is not a multiple use bag that is made of cloth, fiber or other machine washable fabrics that is at least 2.25 mil thick and has a minimum life of over 75 uses and can carry over 18 pounds. Numerous communities across the world and the nation, in order to reduce waste, reduce carbon emissions, protect wildlife and ensure that the natural environment is improved, have enacted legislation to reduce the use of single-use shopping bags. Please refer to the May 9, 2017, Council packet to see a table that describes elimination and reduction strategies that have been adopted by various communities in Colorado. Also in that packet is a list of states that have enacted state legislation to reduce the use of plastic bags, as well as a list of countries that have enacted some form of plastic bag ban or restriction. Current Litigation Colorado Union of Taxpayers Foundation v. City of Aspen – The Colorado Union of Taxpayers Foundation has filed a lawsuit against the City of Aspen claiming that a bag fee charge is a tax and, therefore, subject to TABOR, and a public vote to enact. Town Attorney Eric Heil has reviewed the status of the lawsuit and writes: “Both Trial Court and Appellate Court held that the “bag fee” was a fee and not tax because it was for a specific purpose and service where the fee imposed was related to the service to be provided and the revenues did not go into general fund revenues…Certiorari was granted by the Supreme Court. Oral arguments were heard by the Supreme Court on June 7, 2017. A decision by the Supreme Court can be expected before the end of 2017. CML filed an Amicus Brief (friend of the court) to support the holding that it is a fee, not a tax…As it bears on Avon, as of today, a bag fee is legal. The Supreme Court could uphold or overturn this holding before the end of the year, so there is some risk that if Avon adopts the ordinance now it could be overturned any day.” OUTREACH: Avon City Market and Avon Walmart Statistics Jeff Gentilini, the store manager of the Avon City Market, estimates that 80% of his store’s patrons use plastic bags at the point of sale, while 10% use paper bags, and the other 10% use reusable bags. When asked how many plastic bags the Avon City Market goes through in a single year, Mr. Gentilini responded that the store goes through approximately 4,000 plastic bags per day, which amounts to approximately 1.46 million plastic bags per year. Sam Pothier, the store manager of the Avon Walmart, estimates that 90% of his store’s patrons use plastic bags at the point of sale, while 10% use reusable bags. They do not offer paper bags. When asked how many plastic bags the Avon Walmart goes through in a single year, Mr. Pothier responded that the store goes through approximately 30,000 plastic bags per week, which amounts to approximately 1.6 million plastic bags per year. Town of Vail’s Kick the Bag Habit Program Enacted by the Vail Town Council in March 2015, the first phase of Vail’s “Kick the Bag Habit” program, which applies to grocery stores only, has been in effect since August 2015. Between August 2015 and June 2017, the Vail City Market issued at the point of sale an average of 14,121 paper bags per month, while the Vail Safeway issued at the point of sale an average of 14,582 paper bags per month. Reusable Bags If Council has interest in allocating money in the 2018 Budget for the purpose of developing and providing to the public Town of Avon reusable bags, direction is requested at Tuesday’s meeting. There are a plethora of websites that sell customizable reusable bags. Prices for customizable reusable bags on these websites range from $0.53 per bag to $2.15 per bag, depending on size, quality and material. In addition to allocating all or part of the $0.10 bag fee, the Town could solicit sponsorships to help cover the cost of developing the reusable bags. According to Kristen Bertuglia, the Town of Vail’s environmental sustainability manager, in preparation for the first phase of their “Kick the Bag Habit” program, the Town of Vail spent approximately $30,000 to have 30,000 reusable bags made. The bags were given out for free leading up to the effective date of the first phase of the program. The least expensive reusable bag sold at the Avon City Market is $0.99, while the cheapest reusable bag sold at the Avon Walmart is $0.50. Hotel Room Laundry Bags At the May 9, 2017, work session, Council provided direction to staff to conduct research on hotel room laundry/dry cleaning bags and whether any local governments have enacted legislation prohibiting hotels from offering laundry/dry cleaning bags made of plastic to their guests. Staff has not found any examples of this. Staff spoke with representatives of several hotels in Avon and the following comments about laundry/dry cleaning bags were offered: Christie Lodge The Christie Lodge does not provide laundry bags to guests. Comfort Inn The Comfort Inn’s laundry bags are made of plastic and used infrequently. Falcon Point Resort Falcon Point does not offer laundry bags to guests. Sheraton Mountain Vista The Sheraton provides plastic laundry bags to guests but they are used infrequently. Westin Riverfront Resort The Westin provides plastic laundry bags to guests but they are used infrequently. TOWN OUTREACH Informational Letters On June 22, 2017, a letter was emailed to a list of 425 business email addresses provided by the Avon Finance Department. The letter was also hand delivered to a number of Avon retailers on June 30, 2017. The letter, included as Attachment 2, provided information about the proposed Ordinance and how to submit written comments. The letter also indicated that First Reading of the Ordinance would be on July 25, 2017. Subsequently, it was decided that First Reading would be postponed until the September 12, 2017, Council meeting in order to provide for more time for staff to conduct outreach and collect public input. On August 16, 2017, another letter was emailed to the same list of business email addresses. The letter, included as Attachment 3, detailed information about two public forums to give business representatives and members of the public the opportunity to learn more about the Plastic Bag and Polystyrene Reduction Initiatives. The letter also described the process for submitting comment on the proposed Ordinances. Public Forums At the July 11, 2017, Council meeting, Council provided direction to staff to hold two public forums for the purpose of presenting information about the Plastic Bag Reduction Ordinance, as well as the Polystyrene Reduction Ordinance. Public forums were held on August 31 and September 6, 2017, in the Green Room of the Avon Performance Pavilion. A handout, included as Attachment 4, was prepared and distributed to those in attendance at both forums. At the August 31 public forum, there were nine members of the public and three Council members in attendance. Comments from the forum related to the Plastic Bag Reduction Ordinance included, but were not limited to, the following:  Split the bag fee 50/50 with the retailer.  Retailers will resist the ban if they not only have to pay for more expensive bags, but then turn the fee over to the Town.  Consider an education campaign rather than an ordinance/ban to reduce the use of single- use bags.  Don't have any portion of the bag fee turned over to the Town.  Use one implementation date for both grocers and retailers.  Having grocery stores charge a fee for the bags/take out containers would shift the cost to the consumer and heighten awareness. At the September 6 public forum, there were seven members of the public and two Council members in attendance. Comments from the forum related to the Plastic Bag Reduction Ordinance included, but were not limited to, the following:  This should be voluntary, not a mandate.  The Avon City Market and Avon Walmart will lose business if this Ordinance passes as presented.  There is concern about loss of Town sales tax revenue in the event that folks decide to not shop at Avon grocery stores or patronize Avon retail establishments as a result of this Ordinance.  The implementation and administration of the $0.10 fee on paper bags seems cumbersome.  An incentive approach is more appealing than a ban. Press Releases The Town submitted a press release on August 22, 2017, that aimed to provide information about the public forums for the Plastic Bag and Polystyrene Reduction Ordinances. In addition, the press release detailed information about the September 12, 2017, first reading date. Another press release was issued on September 8, 2017, serving as a reminder about first reading of both proposed Ordinances. Website, Social Media and Newspaper Ads All information about proposed Ordinance 17-08 has been made available on the Town’s website at www.avon.org/engage. Staff has submitted several posts about the proposed Ordinance on the Town’s social media accounts. Information about the Plastic Bag Reduction Ordinance was also included in the Town’s bi-weekly Town News ad on the following dates:  May 8, 2017  July 11, 2017  July 24, 2017  August 7, 2017  August 21, 2017  September 11, 2017  September 25, 2017  October 9, 2017 Grocery Store Outreach Town staff toted a large board with information about the Plastic Bag Reduction Initiative at the entrances to the Avon City Market and Avon Walmart on the following dates from 5:00 to 6:00 p.m.:  July 7, 2017 | City Market  July 13, 2017 | City Market  July 14, 2017 | City Market  July 19, 2017 | City Market  August 3, 2017 | City Market  August 10, 2017 | City Market  August 14, 2017 | City Market  September 7, 2017 | Walmart  September 8, 2017 | Walmart The purpose was to make City Market and Walmart patrons aware of the initiative and encourage them to provide input to the Town Council. In speaking with grocery store patrons, staff heard arguments for and against the proposed Ordinance. Comments for enacting the proposed Ordinance centered on climate action, waste reduction, and reducing greenhouse gas emissions and the overall impact to the environment. Comments against enacting the proposed Ordinance included the following:  The proposed fee is a tax and should be subject to a vote of the people.  Most people reuse the plastic bags by repurposing them as trash bags or for dog waste retrieval.  The $0.10 fee on paper bags is an unnecessary incentive as more and more folks are using reusable bags.  A ban on plastic bags is too extreme. Incentivize grocery stores and other retailers by offering a sales tax rebate if they elect to do away with offering plastic bags. PUBLIC COMMENTS: Written comments from members of the public on Ordinance 17-08 have been compiled and are included as Attachment 5. ATTACHMENTS: Attachment 1: Ordinance 17-08 Attachment 2: Letter to Businesses dated July 1, 2017 Attachment 3: Letter to Businesses dated August 16, 2017 Attachment 4: Public Forum Handout Attachment 5: Public Comments Ord 17-08 SECOND READING – October 10, 2017 Page 1 of 3 TOWN OF AVON, COLORADO ORDINANCE 17-08 ADOPTING A NEW CHAPTER 8.38 OF TITLE 8 OF THE AVON MUNICIPAL CODE ESTABLISHING DISPOSABLE BAG REQUIREMENTS, INCLUDING A DISPOSABLE PAPER BAG FEE AND PROVIDING FOR THE COLLECTION AND DESIGNATION OF SUCH FEE WHEREAS, the Town of Avon, Colorado (the "Town") is a home rule municipality existing pursuant to the laws of the Colorado Constitution, the Colorado Revised Statutes and the Town's Home Rule Charter; and WHEREAS, the Town has a duty to protect the natural environment, the economy and health of its citizens and guests and the Town is committed to environmental protection and stewardship; and WHEREAS, reducing the use of disposable bags has a positive impact on the local environment of the Town, including reducing the potential for pollution in the environment, greenhouse gas emissions, litter, harm to wildlife, water consumption, energy consumption and solid waste generation; and WHEREAS, through the adoption of the Town of Avon 2017-2019 Strategic Plan, the Avon Town Council has made it a priority to consider legislation to end the use of plastic bags in the Town of Avon; and WHEREAS, through the adoption of the Climate Action Plan for the Eagle County Community, the Town aspires to work with other community stakeholders to reduce the community’s overall greenhouse gas emissions by 25 percent by 2025, and by a minimum of 80 percent by 2015; and WHEREAS, diverting plastic waste from the landfill is a cost effective and efficient way of reducing greenhouse gas emissions resulting from energy and petroleum products used in processing; and WHEREAS, the Town Council believes that the best alternative to the continued use of disposable bags is to promote the use of more durable, reusable bags; and WHEREAS, the Town Council finds and determines that prohibiting disposable plastic bags and requiring a charge for the use of disposable paper bags at grocers and other retailers would help address the environmental and health problems associated with such use, would relieve Town taxpayers of the costs incurred by the Town in conjunction therewith, and would be in the best interest of the public health, safety and welfare. ATTACHMENT 1 Ord 17-08 SECOND READING – October 10, 2017 Page 2 of 3 NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Addition of Section 8.38 to Title 8 of the Avon Municipal Code. Title 8 of the Avon Municipal Code is hereby amended by the addition of a new Chapter 8.38, to read as set forth in Exhibit A: Addition of Section 8.38 to Title 8 of the Avon Municipal Code, attached hereto. Section 3. Codification Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall ATTACHMENT 1 Ord 17-08 SECOND READING – October 10, 2017 Page 3 of 3 be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on September 12, 2017 and setting such public hearing for October 10, 2017 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on October 10, 2017. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney ATTACHMENT 1 Page 1 of 4 EXHIBIT A: ADDITION OF CHAPTER 8.38 TO TITLE 8 OF THE AVON MUNICIPAL CODE CHAPTER 8.38 DISPOSABLE BAG REQUIREMENTS Section 8.38.010 Purpose and intent. Section 8.38.020 Definitions. Section 8.38.030 Restrictions on the distribution of disposable bags. Section 8.38.040 Disposable paper bag fee program. Section 8.38.050 Retention and administration of disposable paper bag fee. Section 8.38.060 Exemptions. Section 8.38.070 Audits. Section 8.38.080 Violations and penalties. 8.38.010 PURPOSE AND INTENT. The purposes of this Chapter are to protect the public health, safety and welfare, to address the environmental problems associated with disposable bags, and to relieve the Town taxpayers of the costs imposed upon the Town associated with disposable bags. The intent of the Chapter is to encourage the use of reusable bags. 8.38.020 DEFINITIONS. For the purposes of this chapter, the following terms shall have the following meanings: DISPOSABLE PAPER BAG: a bag made predominately of paper that is provided to a customer by a Grocer at the point of sale for the purpose of transporting goods. DISPOSABLE PAPER BAG FEE: a Town fee of ten cents ($0.10) imposed and required to be paid by each consumer making a purchase from a Town Grocer for each disposable paper bag used during the purchase. DISPOSABLE PLASTIC BAG: a bag made from either non-compostable plastic or compostable plastic provided by a business to a customer at the point of sale for the purpose of transporting goods. The term "Disposable Plastic Bag" does not include: 1. Bags provided by pharmacists to contain prescription drugs; 2. Newspaper bags, door hanger bags, laundry-dry cleaning bags, or bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags; 3. Reusable Bags; 4. Disposable Paper Bags; or 5. Bags used by consumers inside stores to: a. Package bulk items, such as fruit, vegetables, nuts, grains, candy or small hardware items; b. Contain or wrap frozen foods, meat, or fish, regardless of whether the items are prepackaged; c. Contain or wrap flowers, potted plants, or other items where dampness may be a problem; or d. Contain unwrapped prepared foods or bakery goods. Page 2 of 4 RETAILER: means any person, corporation, partnership, business, facility, vendor, organization or individual that sells or provides merchandise, goods or materials, including, without limitation, clothing, food, or personal items of any kind, directly to a customer. “Retailer” includes, without limitation, any department store, grocery store, hardware store, pharmacy, liquor store, restaurant, catering truck, convenience store, and any other retail store or vendor. REUSABLE BAG: a bag that: 1. Is designed and manufactured to withstand repeated uses over a period of time; 2. Is made from a material that can be cleaned and disinfected regularly; 3. Is at least two and one-fourth (2.25) mils thick if made from plastic; and 4. Has the capability of carrying a minimum of eighteen (18) pounds. 8.38.030 RESTRICTIONS ON THE DISTRIBUTION OF DISPOSABLE BAGS. A. Effective May 1, 2018, all Retailers shall only offer either a Reusable Bag or a Disposable Paper Bag to a consumer pursuant to the fees established in section 8.38.050 of this chapter. B. Effective May 1, 2018, it shall be unlawful for any Retailer to provide Disposable Plastic bags to customers at any point of sale. Nothing in this section shall prohibit persons or Retailers from making reusable bags available to customers for sale or without cost. C. Violations of this Section shall subject the offending person and/or business to the penalties set forth in section 8.38.080 of this chapter. 8.38.040 DISPOSABLE PAPER BAG FEE PROGRAM. A. Effective May 1, 2018, a consumer making a purchase from a Retailer shall pay at the time of purchase a Disposable Paper Bag Fee of ten cents ($0.10) for each Disposable Paper Bag used during a purchase. B. Retailers shall record the number of disposable paper bags provided to any given customer and the total amount of the Disposable Paper Bag Fee charged to the customer on the customer transaction receipt. C. No Retailer may provide a rebate or in any way reimburse a customer for any part of the Disposable Paper Bag Fee. D. No Retailer may exempt a customer from any part of the Disposable Paper Bag Fee for any reason except as provided in section 8.38.060 of this chapter. E. Nothing in this Chapter shall prohibit Retailers from providing incentives for the use of reusable bags through credits or rebates for customers who bring their own bags to the point of sale for the purpose of carrying away goods. F. Nothing in this Chapter shall prohibit customers from using bags of any type that the customers bring into the store or from carrying away goods purchased by such customers that are not placed in a bag. G. Any store or business in the Town may voluntarily opt to participate in the Disposable Paper Bag Fee program, prior to its respective effective date, by providing notice to the Town of Avon and collecting the Disposable Paper Bag Fee pursuant to this Chapter. Page 3 of 4 8.38.50 RETENTION AND ADMINISTRATION OF DISPOSABLE PAPER BAG FEE. A. Upon the effective date, Retailers shall be required to remit the Disposable Paper Bag Fee to the Town and may retain a portions of the Disposable Paper Bag Fee as follows: 1. Each Retailer that is located in a permanent building in the Town containing at least four thousand (4,000) square feet of retail space may retain fifty percent (50%) of the Disposable Paper Bag Fee to be taken as a Retailer credit against the Disposable Paper Bag Fee due to the Town. The remaining fifty percent (50%) of the Disposable Bag Fee shall be remitted to the Town. 2. Each Retailer that operates in less than four thousand (4,000) square feet of retail space may retain one hundred percent (100%) of the Disposable Paper Bag Fee. B. A Retailer that elects to retain a portion of the Disposable Paper Bag Fee shall execute an agreement provided by the Town requiring the Retailer to uses the Disposable Paper Bag Fee revenues only for the purposes stated in sub-section D. below. C. The portion of the Disposable Paper Bag Fee revenue received by the Town shall be deposited as revenue in a designated waste reduction and reusable line item within the Town's budget to be used for the purposes stated in sub-section D. below. D. The Disposable Paper Bag Fee shall be used exclusively for the following purposes: 1. Producing and providing reusable bags to Town residents and guests; 2. Educating Town residents, businesses and guests about the impacts of waste on the Town's environmental health, the importance of reducing the number of disposable bags entering the waste stream, and the impact of disposable bags on the Town's waterways and the environment; 3. Creating public educational campaigns to raise awareness about waste reduction and recycling; 4. Funding programs and infrastructure that allows the Avon community to reduce waste and recycle; 5. Purchasing and installing equipment designed to minimize waste pollution, including recycling containers and waste receptacles; 6. Funding community cleanup or collection events and other activities to reduce waste; 7. Maintaining a public website for the purpose of educating the Town's residents and guests on waste reduction efforts; 8. Providing educational information to customers about the Disposable Paper Bag Fee; 9. Training Retailer staff in the implementation and administration of the Disposable Paper Bag Fee; 10. Improving or altering infrastructure to allow for the administration, collection, implementation, and reporting of the Disposable Paper Bag Fee; and 11. Paying for the administration of the Disposable Paper Bag Fee Program. E. A Retailer shall pay and the Town shall collect the Disposable Paper Bag Fee at the same time and pursuant to all applicable provisions of the Town's sales tax code, and consistent with all applicable sales tax provisions regarding sales tax administration, collection and enforcement. The Town shall provide the necessary forms for Retailers to file individual returns with the Town separate from the Town's sales tax forms to demonstrate compliance with the Disposable Paper Bag Fee. Notwithstanding the fact that the Disposable Paper Bag Fee will be collected in the same time and manner used for the collection of sales tax, such process is for the convenience of the Retailer and does not change the nature of the Disposable Paper Bag Fee from a fee to a tax. Page 4 of 4 F. Disposable Paper Bag Fees shall not supplant funds appropriated as part of an approved annual budget. G. No Disposable Paper Bag Fees shall revert to the General Fund at the end of the fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in this Chapter without regard to fiscal year limitation. 8.38.060 EXEMPTIONS. A. A Retailer may provide a Disposable Paper Bag to a customer with no fee if the customer provides proof that he or she is a participant in a federal or state Food Assistance Program. B. A retail liquor store, as defined in Colorado Revised Statutes section 12-47-103(31), may provide a Disposable Paper Bag to a customer with no fee if the Disposable Paper Bag is provided for the containment of carry-out alcoholic beverages as defined in Colorado Revised Statutes section 12-47-103(2). 8.38.070 AUDITS. A. Each Retailer shall maintain accurate and complete records of the Disposable Paper Bag Fees collected under the provisions of this Chapter and the number of Disposable Paper Bags provided to customers, and shall also maintain such books, accounts, invoices, or other documentation necessary to verify the accuracy and completeness of such records. It shall be the duty of each Retailer to keep and preserve all such documents and records, including any electronic information, for a period of three (3) years from the end of the calendar year of such records. B. If requested, each Retailer shall make the foregoing records available for inspection and audit by the Town during regular business hours so that the Town may verify compliance with the provisions of this Chapter. To the extent permitted by law, all such records shall be treated as confidential commercial information. 8.38.080 VIOLATIONS AND PENALTIES. Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Post Office Box 975 One Lake Street Avon, CO 81620 970-748-4000 970-949-9139 Fax 970-845-7708 TTY July 1, 2017 ATTENTION AVON RETAILERS NOTICE OF FIRST READING OF A PROPOSED ORDINANCE PROHIBITING RETAILERS FROM PROVIDING PLASTIC BAGS AT THE POINT OF SALE Dear Avon Retailer: The Avon Town Council is proposing the adoption of a new ordinance that would enact a ban on certain disposable plastic bags and require a charge of ten cents for the use of disposable paper bags. As a business potentially affected by the ban, you are encouraged to learn about the program. We understand that you may have concerns and questions about the impact of this new program to your business. The Town urges you to encourage your customers to shop with machine washable, reusable bags. It is important to the Town Council that you are aware of the proposal and have the opportunity to become informed of the changes and participate in the discussion. The following information is intended to meet those objectives. Information on the Town Council’s first review of the ordinance on July 25, 2017, is provided at the end of this memo, including how to provide your comments. Thank you, The Town of Avon ____________________________________________________________________ PROJECT SUMMARY: The proposed ordinance would prohibit retailers from providing disposable plastic carryout shopping bags to consumers and require retailers to charge a fee of ten cents for the use of disposable paper bags. A phased approach is proposed, with the first phase applying to grocery stores only, and second phase applying to all other retailers. Some of the elements included in the proposed ordinance are as follows:  Effective January 1, 2018, all grocers shall only offer either a reusable bag or a disposable paper bag to a consumer. Effective January 1, 2018, it shall be unlawful for any grocer to provide disposable plastic bags to customers at any point of sale.  Effective January 1, 2019, all other retailers shall only offer either a reusable bag or a disposable paper bag to a consumer. Effective January 1, 2019, it shall be unlawful for any retailer to provide disposable plastic bags to customers at any point of sale.  Consumers making a purchase shall pay at the time of purchase a disposable paper bag fee of ten cents ($0.10) for each disposable paper bag used during a purchase.  For the first twelve (12) months following the effective date of the disposable paper bag fee, each retailer may retain twenty percent (20%) of the disposable paper bag fee as a collection and remittance expense to be taken as a credit against the disposable paper bag fee due to the Town. Thereafter the entirety of all collected disposable bag fees shall be remitted to the Town.  Retailers that refuse or neglect to comply with the regulations within the ordinance shall be subject penalties.  Exemptions apply to bags such as newspaper bags, laundry-dry cleaning bags, produce bags, and more. To see the proposed ordinance in its entirety, go to www.avon.org/engage. BACKGROUND: The Town Council adopted the Climate Action Plan for the Eagle County Community (CAP) in December 2016, and followed that up with approval of an Implementation Schedule for the CAP in March 2017. The Implementation Schedule details a “Reduce use of single use shopping bags county-wide” program and recommends a one (1) year timeframe for implementation. In addition, the Town Council adopted the Town of Avon 2017-2018 Strategic Plan Update in February 2017, which identifies a “Tier 1” priority to “Consider legislation to end the use plastic bags…by retailers and restaurants in the Town of Avon.” The use of disposable plastic carryout shopping bags has severe environmental impacts on a local and global scale, including greenhouse gas emissions, litter, harm to wildlife, and solid waste generation. The purpose of the ordinance is to reduce plastic waste by eliminating unnecessary disposable plastic shopping bags and achieve the Town’s environmental objectives. JULY 25, 2017 FIRST READING: First reading of the ordinance is scheduled for July 25, 2017, at 5:00 p.m. in the Town Council Chambers at Town Hall, 1 Lake Street, Avon, Colorado. PUBLIC COMMENT: The Town Council will take public comment at first reading of the ordinance on July 25, 2017. Written comments may also be submitted prior to July 24, 2017, at 5:00 pm. Comments should be emailed to Debbie Hoppe, Town Clerk, at dhoppe@avon.org. All submitted comments will be included in the public record and will be reviewed by the Town Council. If you have questions, please contact Preston Neill, Executive Assistant to the Town Manager, at pneill@avon.org or (970)748-4404. More information on this initiative is available at www.avon.org/engage. Post Office Box 975 One Lake Street Avon, CO 81620 970-748-4000 970-949-9139 Fax 970-845-7708 TTY August 16, 2017 Dear Avon Retailer: As you may already be aware, the Avon Town Council is proposing the adoption of two new ordinances. The first would enact a ban on certain disposable plastic bags and require a charge of ten cents for the use of disposable paper bags. The second would prohibit food vendors from using polystyrene-based disposable food service ware (polystyrene food containers). As a business potentially affected by these prohibitions, you are encouraged to learn about these proposed ordinances. First reading of both proposed ordinances are scheduled for action at the regular September 12, 2017, Town Council Meeting. If Council passes one or both of the ordinances at the meeting, the public hearing for second reading can be anticipated to be heard at the September 26, 2017, Town Council Meeting. It is important to the Town Council that you are aware of the proposals and have the opportunity to become informed of the changes and participate in the discussion. To meet this objective, the Town of Avon will be holding two public forums to give business representatives and members of the public the opportunity to learn more about the plastic bag and polystyrene reduction initiatives. Each forum will begin with a presentation, followed by a Q&A. The public forums are scheduled as follows: All information about the two ordinances can be found on the Town’s website at www.avon.org/engage. How to provide comment on the proposed ordinances:  Attend and speak at the September 12th Council Meeting. The agenda will be posted online on Friday, September 8, 2017, at www.avon.org/councilpacket.  Email comments to Town Clerk Debbie Hoppe at dhoppe@avon.org. If you have any questions, please feel welcome to email pneill@avon.org or call (970)748-4404. Thank you, Preston Neill Deputy Town Manager Town of Avon NOTICE OF PUBLIC FORUMS FOR PLASTIC BAG AND POLYSTYRENE REDUCTION ORDINANCES ATTENTION AVON RETAILERS THURSDAY, AUGUST 31, 2017 AVON PERFORMANCE PAVILION GREEN ROOM 2:00 P.M. WEDNESDAY, SEPTEMBER 6, 2017 AVON PERFORMANCE PAVILION GREEN ROOM 2:00 P.M. AGENDA 1. WELCOME 2. OVERVIEW OF PLASTIC BAG REDUCTION ORDINANCE 3. QUESTIONS AND COMMENTS 4. OVERVIEW OF POLYSTYRENE REDUCTION ORDINANCE 5. QUESTIONS AND COMMENTS 6. REMINDER: FIRST READING OF BOTH ORDINANCES IS SEPTEMBER 12, 2017 PLASTIC BAG REDUCTION ORDINANCE WHAT IS BEING PROPOSED? Similar to what the Town of Vail did in 2015, the Avon Town Council is proposing the adoption of a new ordinance that would enact a ban on single-use disposable plastic carryout bags at the point of sale, and require a fee of $0.10 be applied to single-use paper carryout bags. A phased approach is proposed, with the first phase applying to grocery stores only, and second phase applying to all other retailers. Key Elements of the Disposable Paper Bag Fee Program:  A consumer making a purchase from a grocer or retailer shall pay at the time of purchase a Disposable Paper Bag Fee of $0.10 for each disposable paper bag used during a purchase.  Grocers and retailers shall record the number of disposable paper bags provided to any given customer and the total amount of the Disposable Paper Bag Fee charged to the customer on the customer transaction receipt.  No grocer or retailer may exempt a customer from any part of the Disposable Paper Bag Fee for any reason.  For the first 12 months following the effective date of the Disposable Paper Bag Fee, each grocer and retailer may retain 20% of the Disposable Paper Bag Fee as a Vendor Fee to be taken as a credit against the Disposable Paper Bag Fee due to the Town. Thereafter, the entirety of all collected Disposable Bag Fees shall be remitted to the Town.  The remaining portion of the Disposable Paper Bag Fee shall be paid to the Town and shall be deposited as revenue in a designated waste reduction and reusable line item within the Town's budget for uses that include, but are not limited to:  Producing and providing reusable bags to Town residents and guests;  Educating Town residents, businesses and guests about the impacts of waste on the Town's environmental health, the importance of reducing the number of disposable bags entering the waste stream, and the impact of disposable bags on the Town's waterways and the environment; and  Creating public educational campaigns to raise awareness about waste reduction and recycling.  Grocers and retailers shall pay and the Town shall collect the Disposable Paper Bag Fee at the same time and pursuant to all applicable provisions of the Town's sales tax code, and consistent with all applicable sales tax provisions regarding sales tax administration, collection and enforcement. The Town shall provide the necessary forms for grocers and retailers to file individual returns with the Town separate from the Town's sales tax forms to demonstrate compliance with the Disposable Paper Bag Fee.  Retailers that refuse or neglect to comply with the regulations within the ordinance shall be subject to penalties. IF PASSED, WHEN WOULD IT GO INTO EFFECT? The Town recognizes that this ordinance would enact several significant changes for grocers and retailers. The Town is interested in allowing for an adequate amount of time for grocery stores and other retailers to adjust to and implement these changes. The first phase, which would apply to grocery stores only, would go into effect on April 1, 2018. Effective April 1, 2018, all grocers shall only offer either a reusable bag or a disposable paper bag to a consumer and it shall be unlawful for any grocer to provide disposable plastic bags to customers at any point of sale. The second phase, which would apply to all other retailers, would go into effect on April 1, 2019. Effective April 1, 2019, all other retailers shall only offer either a reusable bag or a disposable paper bag to a consumer and it shall be unlawful for any retailer to provide disposable plastic bags to customers at any point of sale. Any store or business in the Town may voluntarily opt to participate in the Disposable Paper Bag Fee program prior to their respective effective date, by providing notice to the Town of Avon and collecting the Disposable Paper Bag Fee pursuant to this Chapter. WHY IS IT BEING PROPOSED? The Town Council adopted the Climate Action Plan for the Eagle County Community (CAP) in December 2016, and followed that up with approval of an Implementation Schedule for the CAP in March 2017. The Implementation Schedule details a “Reduce use of single use shopping bags county-wide” program and recommends a one (1) year timeframe for implementation. In addition, the Town Council adopted the Town of Avon 2017-2019 Strategic Plan (Strategic Plan) in July 2017, which identifies a “Tier 1” priority to “Consider legislation to end the use plastic bags…by retailers and restaurants in the Town of Avon.” Through the adoption of the CAP and approval of an implementation plan to meet the objectives of the CAP, the Town has become recognized as a leader in its commitment to addressing climate change at the local level. The use of disposable plastic carryout shopping bags has severe environmental impacts on a local and global scale, including greenhouse gas emissions, litter, harm to wildlife, and solid waste generation. The purpose of the ordinance is to reduce plastic waste by eliminating unnecessary disposable plastic shopping bags and achieve the Town’s environmental objectives. PUBLIC FORUM PLASTIC BAG AND POLYSTYRENE REDUCTION ORDINANCES August 31, 2017 REUSABLE BAGS The Town urges grocers and retailers to encourage their customers to shop with machine washable, reusable bags. To aid the transition process and pending Town Council approval of the ordinance, the Town plans to budget approximately $30,000 in FY2018 for the purpose of designing and producing Town of Avon reusable bags to give out for free in the time leading up to the April 1, 2018, effective date. The $30,000 allocation is subject to Town Council approval during the adoption of the 2018 Town Budget, currently scheduled for October 24, 2017. POLYSTYRENE REDUCTION ORDINANCE WHAT IS BEING PROPOSED? The Avon Town Council is proposing the adoption of a new ordinance that would prohibit food vendors from using polystyrene- based disposable food service ware (polystyrene food containers). The proposed ordinance would prohibit food vendors within the Town of Avon from using polystyrene-based disposable food service ware when providing prepared food. Prepared food means food or beverages, which are serviced, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared. Food vendor is defined as any vendor, business, organization, entity, group or individual, including licensed retail food establishments, that provides prepared food at a retail level. This includes all types of food establishments, full service restaurants as well as fast food restaurants. Food vendors would be prohibited from using disposable food service ware, including but not limited to plates, cups, bowls, trays and hinged or lidded containers, also known as clamshells, that are polystyrene-based. This does not include straws, utensils, or cup lids nor does it include disposable packaging for unprepared foods. The proposed ordinance does not affect prepackaged foods, meaning any properly labeled processed food, prepackaged to prevent any direct human contact with the food product upon distribution from the manufacturer. The proposed Ordinance defines polystyrene-based as follows: ± Polystyrene-based means and includes expanded polystyrene, which is a thermoplastic petrochemical material utilizing a styrene monomer and process by any number of techniques including, but not limited to fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene). The term “polystyrene” also includes polystyrene that has been expanded or blown using a gaseous blowing agent into a solid foam (expanded polystyrene (EPS)), and clear or solid polystyrene known as oriented polystyrene. A food vendor may seek an exemption of up to one year if the requirements of this proposed ordinance would cause undue hardship. The guidelines for hardship would include: ± Situations unique to the food vendor where a suitable alternative does not exist for a specific application; or ± Situations where no reasonable feasible available alternative exists to a specific and necessary container prohibited by this proposed Ordinance Retailers that refuse or neglect to comply with the regulations within the ordinance shall be subject to penalties. IF PASSED, WHEN WOULD IT GO INTO EFFECT? The Town recognizes that this ordinance would enact several significant changes for restaurants. The Town is interested in allowing for an adequate amount of time for restaurants to adjust to and implement these changes. Town staff has proposed making April 1, 2018, the effective date for this ordinance. WHY IS IT BEING PROPOSED? The adopted CAP reflects a strong commitment to reduce the community’s greenhouse gas (GHG) emissions. The CAP also includes details on programs, projects and policies that can be undertaken to reduce GHG emissions. One of the recommended policies, located in the “Waste and Landfill” section of Appendix A of the CAP, is identified as “Packaging policies, get rid of Styrofoam.” In addition, the adopted Strategic Plan includes a “Tier 1” priority to “Consider legislation to end the use of plastic bags and non- compostable take-out containers by retailers and restaurants in the Town of Avon.” Polystyrene foam is a common pollutant and a threat to natural ecosystems that fragments into smaller, non-biodegradable pieces that are difficult to clean up, as they are lightweight and easily blown into streets and waterways. The litter also has the potential to harm marine life and other wildlife. A large portion of the conventional single-serve food service ware used today is made from expanded polystyrene foam, which is derived from petroleum. It takes a long time for polystyrene-based disposable food service ware to deteriorate in the environment or a landfill. In addition, it is usually heavily contaminated with food residue after it is used, making it difficult to recycle. Efforts to recycle used polystyrene-based food service ware have not been successful because the costs of recycling it outweigh its market value as a recycled product. Consequently, most curbside recycling programs do not accept it. ALTERNATIVE CONTAINERS Alternatives to polystyrene-based disposable food service ware that are less harmful to the environment include reusable containers and compostable items made from sugarcane, potato starch, paper, and corn-based plastic. These alternatives may sometimes be purchased at competitive prices, but are typically 2 to 4 times more expensive per unit compared to EPS products. Food vendors can offset these costs by improving efficiency and reducing waste overall. Another way for food vendors to recoup these costs would be for them to impose a “take-out fee” on their customers. Exhibit 1 provides a price comparison between various food service ware products made of polystyrene and ones made out of compostable/ biodegradable materials. Well-performing compostable food ware is available from a variety of manufacturers, typically through vendors that offer a wide array of food service products. Exhibit 2 provides a list of vendors that sell recyclable and compostable food service ware. If the proposed ordinance is enacted, the list could help Avon food vendors that are not currently in compliance with the proposed ordinance. UPCOMING SCHEDULE AND HOW TO PROVIDE COMMENT First reading of both proposed ordinances are scheduled for action at the regular September 12, 2017, Town Council Meeting. If Council passes one or both of the ordinances at the meeting, the public hearing for second reading can be anticipated to be heard at the September 26, 2017, Town Council Meeting. To provide comment on the proposed ordinance:  Attend and speak at the September 12th Council Meeting. The agenda will be posted online on Friday, September 8, 2017, at www.avon.org/councilpacket.  Email comments to Town Clerk Debbie Hoppe at dhoppe@avon.org. All information about the two ordinances can be found on the Town’s website at www.avon.org/engage. From: Brad Zoller [mailto:bradzoller@gmail.com] Sent: Thursday, May 11, 2017 9:50 AM To: Avon Council Web Subject: plastic bags idea Here's an idea for plastic bag reduction: Charge a 5 cent fee/tax/whatever at the store so we reduce them rather than eliminate them. I think this would keep us from upsetting tourists. It would also not use paper bags (which use many more natural resources). Having a 5 cent charge per bag will significantly reduce the impact on the environment. Sincerely, Brad Zoller From: Marty Golembiewski [mailto:martygolembiewski@hotmail.com] Sent: Friday, July 14, 2017 11:12 AM To: Avon Council Web Subject: Styrofoam ban - support As a Town of Avon Resident I completely support a Styrofoam ban. I also support a plastic bag ban. I feel it is our responsibility to do everything possible to protect the natural beauty of our area and environment. Thank you, Marty Golembiewski From: Frank & Eve [mailto:fjbntx@aol.com] Sent: Thursday, July 20, 2017 9:47 AM To: Avon Council Web Subject: Plastic Bag Ban Since I haven’t seen any opposition to your bag ban, I am sending a copy of the letter (below) that I sent to Vail Council prior to their ban to give you a different perspective. Of course it was largely ignored! Since I don’t live in Avon the ban won’t affect me much but I do enjoy shopping at the Avon City Market when in the area. It’s ironic that the much maligned, big bad Walmart is the store that provides adequate and handy recycle bins for recycling all types of plastic bags. Note that City Market has never been in any way opposed to the bans in Aspen, Breck, Vail or Avon. Think there might be some economic advantages in bans, i.e. no plastic bags to buy, and sell foreign made reusable bags and paper bags for a profit. It would seem that the stores ultimately requiring a need for the bags could be held responsible for recycling them along with their case wrap and pallet wrap Frank Barborek October 20, 2014 To Town of Vail Council, Tomorrow evening you will listen to Vail resident's and TOV staff recommendations on adopting a ban on plastic grocery bags. As most of the governments that banned bags have done, the people for the bans have spoken the loudest. They have used perceptions, feelings, myths, and innuendoes to persuade, rather than use proven facts and data. My wife and I have been full time residents of Vail for 14 years. We have been avid recyclers for over 25 years and strongly believe in that. I am not anti-government. Before moving to Vail I worked in the chemicals and plastics industry, almost entirely in plastics, for 35 years. During that time I worked on plastics applications development, customer service, marketing and business management. For most of the plastics you see in grocery stores, I have had some involvement either by working with it directly, managing a group working on it, or managing a business. I actually managed a group working with International Paper to develop a plastic grocery bag in the late 70's. We also worked with which at the time was the largest paper merchandise bag producer to convert from paper to plastic. With that, you probably think that I have a bias toward plastic bags. Not so. I have no financial interests in plastic or bag businesses. What I am biased to is that important decisions be made using facts and data rather than perceptions and feelings and incorrect information. I have followed the bans and ban proposals from throughout the country. I have just reread both Vail’s proposed ordinance and the 'white paper' that supposedly justified the Town's recommendations. In all cases I have concluded that they started with the goal of a ban and then found support for that without considering and fully understanding all the options. The TOV has essentially followed the trend of other cities. Should the TOV even be involved? Government should not be involved in these issues unless there are significant and compelling threats to the environment, health, or safety, or in some cases economic issues. None of the reasons given for a ban meet that standard. Although I usually don't put much value on surveys, 55 % in the TOV survey said that there was no interest in bag bans or they were neutral. So I represent the 55% majority that thought this was not important. The town hall meeting mentioned in the white paper, again directed toward a ban, said that of 100 that were in attendance, only 45 signed up for follow up indicating their interest in a ban. Neither of these sounds like a mandate to ban bags, especially when all the resources have been directed to a ban rather than putting all the options and issues before the citizens. Before passing a law like this each option should be analyzed with pros and cons of each. Where is the environmental impact analysis? Where are the economics? What is the carbon footprint of each option? What are the real problems with plastic bags Polluting our stream, killing wildlife, toxicity, bags in trees and along the highways are some terms used to stir up ban proponents. I watch for this and do not see ANY significant amount of bags around. Where is the data? What are the facts that support a ban? Health and safety issues with a ban When we were working with IP on a grocery bag (called a sack at that time), the plastic prototype bags were too expensive (heavy) so IP took some to major grocery chains for possible use as reusable bags. Their response was "we don't want customers bringing bags into our stores because they bring in all kinds of contamination to our counters". Potential for theft was another reason given. Some studies have shown that there are harmful bacteria in many bags tested and even with washing are difficult to remove. Even if there were no harmful bacteria present, the reusable bags can be just nasty, considering where they may be placed. (see references below) Those that use reusable bags today are probably conscientious enough that they may keep their bags clean and maybe wash them some. Banning bags and requiring everyone to bring their bag will exponentially increase the likelihood of serious problems. Plastic bags are produced at 450 degrees F and are sterile and do not present a contamination issue. Made offshore versus Made in the USA In following the ban issue for many years, I have closely watched and found that almost all reusable bags are made outside the US. HDPE plastic grocery bags are all made in the US from US produced natural gas as feedstock (about 90%) and the rest from byproduct of the oil refining process. Government interfering with free market economics Grocery bags have always been a cost or overhead to a grocer (or merchant). By banning plastic bags you are shifting the cost burden directly to the customer. They are then forced to purchase a reusable bag at a price that produces a profit margin for the merchant. Is there any wonder why the grocery stores are not against a ban and do not enter into these discussions? Recycling TOV has made an extensive effort to increase recycling of most materials but has essentially ignored plastic bags as an opportunity for recycling. Reusable bags are made of mostly polypropylene, PET, or cotton. What happens when these bags get torn, the handles tear or they get too dirty? There is no recycle stream for them so they probably go to the dump. Plastic bags are recyclable although they present a challenge because of their light weight. A recycle stream is already available through taking them back to the grocery store. Back hauling by the grocer to the warehouse costs virtually nothing. With sufficient volume, recyclers would be glad to pick up the baled bags for their value. There is potential for recycling other bags and film such as case wrap, bundling films, produce bags, etc. By removing the large volume grocery bag from this stream, it assures that these bags will not have sufficient volumes for a recycle stream. Very little effort has been made to promote recycling of plastic bags and films. The City of San Antonio has begun accepting plastic bags stuffed into a bag to the size of a soccer ball and include it in their regular recycle steam. The plastic bags are compatible to be recycled with other HDPE products such as milk, detergent, and bleach bottles. In summary: -The analysis and recommendations in the ordinance are made with banning bags as the initial goal rather looking at all options -Reusable bags will bring contamination and potential health issues into our grocery stores and are virtually impossible to properly sanitize -Reusable bags are made offshore whereas plastic bags are made in the US from US raw materials -Reusable bags have no recycle stream -Reusable bags shift the costs directly to the consumer and create a profit center for the merchant -Banning plastic grocery bags eliminates the potential to recycle other bags and film -No sufficient and creditable data or facts exist to justify banning plastic bags -Recycle streams are available for plastic bags With all due respect to town staff, based on the above issues, I think banning plastic grocery bags is government over-reach and creates more problems that it solves. A letter in the Vail Daily lists the cities that have banned bags and exhorts the TOV to be a leader and do what these cities have done. It seems to me that's a follower. A true leader would look deeper at all the options and perform their own analysis of what is best! The ordinance should not be adopted. I will be glad to discuss this issue with anyone. Thanks for listening. Frank Barborek 970-479-1044 Vail Comments on Plastic Bag Reduction Initiative Dear Avon Town Council: Avon, Colorado July 23, 2017 You are considering a ban on certain disposable plastic bags and requiring a charge of ten cents for the use of disposable paper bags, with our grocery stores up first. We believe that although some people feel strongly that this Initiative is needed and is the right thing to do, we would like to point out some arguments why we believe this Initiative is the wrong thing to do. We have been involved with many town, highway and bike path cleanups for the past 20 years. We do pick up plastic (grocery) bags when we encounter them. However they are infrequently encountered; their existence does not cry out for a ban. Tissues, cigarettes, wrappers comprise much of the trash. Plastic grocery bags are reused, repurposed and recycled. The bags are the right size for most home trash cans and are reused for that purpose. The recycling containers at City Market and Walmart are always filled, thus proving people are recycling. Removing these bags would require the outright purchase of brand new bags off the shelf for home use. How does a bag for a bag make any sense? Those of us who live here visit City Market or Walmart probably 3 or 4 times per week. The existing system works for us. The markets have invested real dollars in the rotary bag holders which are efficient, scaled to the self-check weight requirements, and fill quickly by the manual packers. Why change a system that is efficient, mastered by we resident customers and replace it with a clumsy, inefficient and time wasting system. Plastic bags have built in handles; paper bags do not. Picture trying to walk out of City Market with a likely maximum of two paper bags, one in each arm and pressed to your chest. Think about your last shopping trip and how you momentarily switched the plastic bags from one hand to the other so you could get your car keys out of your pocket or purse. Now think further on how you did this in the winter. We also think a ban on plastic bags will disproportionately affect older people, people with balance problems and those who walk to the store. Seriously consider the plight of those shoppers walking one-half mile or more trying to balance paper bags in their arms. The impact of this Initiative will have a chilling effect on the multitude of tourist/out-of-town shoppers. It is a daunting task to shop for items in an unfamiliar store, especially one that is often very crowded, with narrow aisles. It is unfair to impose on them one more barrier when it comes time to check out. They would not have brought along reusable bags, they are struggling with the credit card machines, and now have to make more non-productive decisions on how to get their purchases to their car. Think of how you would feel and the resulting ill will and negative views of Avon will seem justified. All of us who live and work here, go out of our way to put our best foot forward and be welcoming and helpful to our guests. We know the Town Council feels the same way and that view has driven many a decision over the years. Do we seriously want to jeopardize that approach and its success by implementing this Initiative? Please think of the consequences of this action. Groceries sometimes leak: produce often sweats, meat packaging often drips, think leaky milk or juice cartons, eggs that break and other grocery packaging malfunctions. We have personally experienced this. Plastic bags contain and trap these common events. Paper gets wet and tears; and reusable bags must be cleaned and should be sanitized after every use. Do we use another produce-type bag to double wrap? We have all been warned of the dangers of contaminated food and possible bacteria in reusable bags seem like an invitation to disaster. Just what we need in headlines: Tourists choose not to visit Avon because of fear of food poisoning from shopping at its only two supermarkets. One well publicized event would trigger this perception…just ask Chipotle. Are you willing to take that risk? We think that very few people in Avon support this Initiative. Most that we have talked to are first of all unaware of its existence (it hasn’t received front page attention, yet) do not support it but may not comment. There is a feeling among Avon people that we know, that Council “has their mind made up and it doesn’t do any good to speak up”. Also people who live in Edwards, Eagle-Vail and unincorporated Eagle County shop here in Avon and don’t have a voice. But they will be similarly negatively affected. You should exercise some duty to out of Avon shoppers, who have no voice but are paying sales taxes, supporting Avon. It is entirely possible that a small minority of activists (Avon residents?) are indeed behind this Initiative. Similar bans have been instituted in Aspen, Vail and Breckenridge (probably more, we don’t know). There is a common belief that plastic bags are washing up on the Pacific coast shores; that banning plastic bags here in Avon somehow counters this issue and “that every little bit helps”. We submit that those activists and people who sympathize with their views already have a choice: they can refuse to accept the free plastic bags at the stores, and bring their own reusable bags and/or paper bags. Nothing is stopping them from doing their own “every little bit helps” contribution. It is usually unwise policy to submit to the wishes of a small, but vocal and outspoken minority and have them dominate the majority, especially when the minority can already take positive actions into their own hands to achieve their personal objectives. They are not being harmed. We would expect that you will receive many more supportive comments than negative because of the likely source of this Initiative’s conception. In conclusion we ask that you think of the many unintended consequences of this Initiative, and do not inconvenience thousands of shopper/visits every week, all for little practical gain, other than saying we don’t want to be outdone by Aspen and Vail. That’s not what we elected you to do. Do things for us and our guests; not to us. Sincerely, Norma and Charles Carter From: Deb McBride [mailto:debmcb789@outlook.com] Sent: Wednesday, August 23, 2017 9:20 AM To: Debbie Hoppe Subject: proposed shopping bag ordinance While I understand the reason for attempting to decrease the number of shopping bags in the landfill, I use the bags as trash bags. If this occurs I will need to buy bags for trash which will in turn end up in the land fill. What is the difference? Deborah McBride Sent from Mail for Windows 10 -----Original Message----- From: sydge65@icloud.com [mailto:sydge65@icloud.com] Sent: Monday, September 11, 2017 10:42 AM To: Debbie Hoppe Subject: Proposed plastic bag reduction ordinance This proposed legislation has underlying (flawed) assumptions: 1. The public does not reuse plastic bags 2. The public does not recycle plastic bags As the owner of a dog and a cat, I use these bags daily to dispose of their waste. Like everyone else I know, I use these bags to line the smaller waste baskets in my home. On an average week, I reuse 12-15 of these bags. For these daily uses, a reusable shopping bag is not an option. If plastic bags are banned, I will be forced to purchase bags for these specific purposes. Let's think that through: Pet waste and trash bags are created for single use. The effort and resources to produce, transport and dispose of those bags all goes into utilizing the bag ONE time. As for recycling the plastic bags, I see overflowing containers at City Market each time I shop there. For sure, more of the bags could and should be recycled. Instead of legislation, regulation and enforcement of yet another new law, an incentive program to change habits should be considered. More carrot, less stick. Local businesses do not need more regulation and taxation. The costs to the businesses get passed right along to their customers and the cost of living in Eagle County already borders on prohibitive. Please consider offering incentives not penalties. We do not need another layer of costly government dictating our daily activities. A few incentive ideas: - Offer free admission to local events by bringing a certain number of plastic bags for recycling. - Offer a reduction to local taxes if a certain amount is recycled in a year. - Partner with local businesses. Businesses provide gift certificates or discounts for anyone who brings in a certain amount of bags to recycle. - Partner with Vail Resorts to offer free or discounted parking, food, lift tickets or services to those who bring in bags for recycling. - Give attractive and durable reusable bags to those who bring in a certain amount to be recycled. Notice that these suggestions all approach the situation in a positive way (more carrot) as opposed to the negative (stick) approach of taxation. Certainly the fine citizens of this community will have additional creative ideas. The costs of managing these incentive programs would certainly be less than creating new regulations and their enforcement. Thank you for considering these suggestions. Thoughtfully and respectfully submitted, Kimberly Edgar Edwards, CO From: Mike Spaniola [mailto:mspaniola@copper.net] Sent: Monday, September 11, 2017 2:02 PM To: Debbie Hoppe Subject: NO on plastic bag ban To the Town of Avon officials and councilors: Plastic bags are a great convenience and are sanitary to use as well. The town(s) already have hefty sales taxes, and who is most affected by this? The very same working class that some on the council claim to support. How hypocritical. Nonetheless, from CMC to city councils, too many local officials put a nonsensical global agenda above local concerns and people. Many people of this mindset simply won't know what they have until it's gone and are also nearly impossible to engage in meaningful dialogue. Power for the sake of power, as Orwell noted, is tyranny. Sadly, many people who favor nationwide bag bans are little more than fascists, working with companies to establish autocratic rule that produces more money only for the elitist ruling class. Many of these same people also support "by any means necessary" political protests policies. Yet these same people would rail against the same tactics if, for example, they were harassed at home or while in a restaurant trying to enjoy a meal with family or friends. So, to the open- and civic-minded members of the council, don't be a part of this Marxist-promoted insanity, this anti-social behavior and hateful disregard of citizenry. It is a Third World practice, and we are the beacon on the shining hill. Reject the plastic bag ban in total. Thank you. Mike Spaniola -----Original Message----- From: Mark P. Midas [mailto:midasp@myway.com] Sent: Monday, September 11, 2017 2:37 PM To: Debbie Hoppe Subject: Keep plastic bags legal, duh! Instead of banning plastic bags and charging hard working residents for paper ones, deduct 10 cents per hour from all Town of Avon payroll checks. Be sure to include all those plush bonuses and perks that your top officials get and all employee benefits, too. Stop the madness, you morons! From: Nancy [mailto:klumbt@comcast.net] Sent: Monday, September 11, 2017 2:50 PM To: Debbie Hoppe Subject: Strongly OPPOSED to proposed ban on plastic bags and polystyrene foam To Whom It may Concern: Regarding public comment, we are strongly opposed to implementing this ban. It is an irritant to say the least, a huge inconvenience to our vacationers and bad for business.We are a resort community and the inconvenience (and nickel and diming our visitors) is simply poor form. When I am on vacation I do not travel with re-usable bags. We should be doing everything we can to encourage travel to our community - not discourage it. Our entire business structure depends on tourism. Secondly, as a full time resident, I bring my own bags because it is convenient to do so. I live in Edwards and have a choice of where to grocery shop. The Eagle City Market is newly remodeled and only about 5 minutes farther from my home. Should this ban go into place, traveling to Eagle will be even more appealing in case I buy more groceries than my bags can contain. PLEASE VOTE NO on the Ban Tom and Nancy Klumb From: Jon Sheppard <jonsheppard62@comcast.net> Subject: sept 14 Date: September 14, 2017 at 10:20:14 AM MDT To: Jennie Fancher <jfancher@avon.org> Hello Lady J and greetings from not to far away. I am very very much opposed to the bag ban here. I don’t think the ban helps much of anything. Anyway if it passes now I have go out and buy some ‘real’ bags to carry my stuff. cheers, jon From: Brad Zoller [mailto:bradzoller@gmail.com] Sent: Thursday, September 14, 2017 2:17 PM To: Debbie Hoppe Subject: Plastic bag ordinance Please don't ban plastic bags. I hate them, but paper bags are just as bad. Our retailers depend on tourists and how many of tourists will pack their grocery bags when they come here on vacation? Reduce, Reuse, Recycle. That's a familiar motto in order of priority. Let's start reducing by charging for BOTH plastic and paper. This will encourage people to bring their own bags. (NOT banning) Sincerely, Brad Zoller From: Mary Griesedieck [mailto:msper4@gmail.com] Sent: Thursday, September 07, 2017 8:10 PM To: Debbie Hoppe Subject: Plastic bag use in Avon I am definitely in favor of stopping the use of plastic bags in Avon as I care about the environment and they often end up in rivers,creeks and eventually,oceans. Other areas,including Vail and Aspen have passed the ordinance,and it is about time Avon did too! Mary Griesedieck Arrowhead home owner PLEASE NOTE MY NEW EMAIL ADDRESS: msper4@gmail.com From: Kristi Steed [mailto:kikisteed8@gmail.com] Sent: Sunday, September 10, 2017 2:52 PM To: Debbie Hoppe Subject: Plastic Bag Ban Please ban plastic bags and polystyrene foam to go containers. We must take responsibility now for the health our planet before it is too late. Thank you, Kristi Steed 2140 Saddleridge Loop #2 Avon -----Original Message----- From: campbell.nicole970@gmail.com [mailto:campbell.nicole970@gmail.com] Sent: Sunday, September 10, 2017 6:54 PM To: Debbie Hoppe Subject: Avon plastic bag ban As a home owner and resident of Avon, I fully support the plastic bag ban. We live in a community that shows how's much there is to loose from climate change and pollution. Our household fully supports any measure to help prevent waste and pollution. Nicole Campbell Sent from iPhone From: Dawn Richter [mailto:dawn@richterfineartphotography.com] Sent: Monday, September 11, 2017 12:46 PM To: Debbie Hoppe Subject: Plastic Ban Hello Debbie, I am in support of banning plastic bags and polystyrene foam from food service. In this day and age it is so obvious and important that we need to do more to take on climate change. As individuals and as a community we can do better. There is absolutely no need to use these when there are so many healthier alternatives. The next step is to ban plastic water bottles. Our children are counting on us! -- Dawn Richter www.richterfineartphotography.com Richter Fine Art Photography 225 Wall Street Vail, CO 81657 970.476.4507 Gallery 970.708.1114 Cell From: CC [mailto:coloradocorrie@yahoo.com] Sent: Monday, September 11, 2017 5:25 PM To: Debbie Hoppe; Preston Neill Subject: I support plastic ban and styrofoam ban for Avon From: Isabela Rose [mailto:isabelasrose@gmail.com] Sent: Monday, September 11, 2017 5:26 PM To: Preston Neill Subject: Support plastic bag and styroform ban Having lived in the valley for over 8 years, I unconditionally support the ban for plastic bags and styroform. There are other great solutions and the people that live in this valley are amazing. Thanks, From: zippyskippy@gmail.com [mailto:zippyskippy@gmail.com] On Behalf Of Chad Steele Sent: Monday, September 11, 2017 5:48 PM To: Debbie Hoppe; Preston Neill Subject: ban plastic bags in avon Hello Avon City Council, Let's lead Colorado in by joining this list of progressive cities to ban the use of plastic bags. Austin, Cambridge, Mass., Chicago, Los Angeles, San Francisco, Seattle more... http://www.surfrider.org/pages/plastic-bag-bans-fees I believe it will ultimately help tourism because people will ultimately respect and remember "responsible" legislation. Being leaders in this movement will give us free worldwide marketing. We all know how terrible plastic bags are for the environment—they choke wildlife, they don't break down in landfills (or in oceans), they add to our demand for oil, and they aren't easy to recycle, which is the biggest reason why 90 percent of plastic bags in the U.S. are not recycled. Yet an estimated 500 billion to 1 trillion plastic bags are used worldwide every year-380 billion of those in the U.S. Let's make Avon, Colorado a responsible leader for future generations. thank you Chad Steele Eagle Vail -----Original Message----- From: ROBERT NICOLA FARRER [mailto:nicolafarrer@msn.com] Sent: Monday, September 11, 2017 6:00 PM To: Preston Neill Cc: Debbie Hoppe Subject: Yes to plastic bag ban.... Hello, We need to continue to show our love for this amazing planet we call home. I fully support the plastic bag ban and hope that shortly after will follow the ban on the use of styrofoam...... I do shop in West Vail and LOVE their commitment to no plastic bags. I feel proud when I shop there...... I want to feel proud of Avon town and the positive changes they are making to keep us a progressive and compassionate community. Thank you for listening to my voice. NICOLA FARRER From: JENNIFER SCHRADER [mailto:jennifer.schrader@eagleschools.net] Sent: Monday, September 11, 2017 6:10 PM To: Debbie Hoppe; Preston Neill Subject: Full Support Ms. Hoppe and Mr. Neill, I fully support a plastic bag ban for Avon. Furthermore, I support a styrofoam ban. Warmly, _____________________________ Jen Schrader Upper School English Teacher Vail Ski & Snowboard Academy 1 Academy Loop P.O. Box 369 Minturn, CO 81645 970-328-2811 -----Original Message----- From: Kelly Charbonneau [mailto:kacharbo1@yahoo.com] Sent: Monday, September 11, 2017 10:21 PM To: Preston Neill Subject: Bag ban I am an Avon resident and I support the bag ban and the styrofoam ban. Thank you Kelly Charbonneau Sent from my iPhone From: Karen E Anderson [mailto:karene@vail.net] Sent: Monday, September 11, 2017 5:29 PM To: Debbie Hoppe Subject: Plastic bag & styrofoam ban Hi Debbie, I’m writing to let you know that I support the plastic bag ban in Avon, as well as a styrofoam ban. Thank you for considering doing something small to help stop destroying our environment. Karen Anderson From: toni fish [mailto:tonifish2000@yahoo.com] Sent: Monday, September 11, 2017 5:29 PM To: Debbie Hoppe Subject: Please put a ban on plastic bags in avon. My name is Marki Sindlinger I live in Wildridge, avon, colorado. Please let this be or act as a community member who wants to stop platic bags in Avon Colorado. Thank you Marki Sindlinger From: annie richards [mailto:yogaannie3@yahoo.com] Sent: Monday, September 11, 2017 5:52 PM To: Debbie Hoppe Subject: plastic bag ban To whom it may concern, I fully support the plastic bag ban... I was in UK when they implemented a country wide ban ~ they began charging 5p and 10p per bag and overnight people started using canvas etc bags... It was fabulous and drastically reduced the number of plastic bags in circulation. People were very receptive, and the monetary motivation was very effective. Sincerely, Annie Richards From: Mary Ellen Blair [mailto:metingles@hotmail.com] Sent: Monday, September 11, 2017 8:44 PM To: Debbie Hoppe Subject: Plastic Bags and Styrofoam Ban The Blair family is in favor of this. Thank you Mary and Joe Blair Eagle-Vail Mary Blair USPS-POB 3784 Vail CO 81658-USPS UPS or FED EX-210 East Larkspur Lane Avon CO 81620 970-331-8112 From: Courtney Gregory [mailto:cgcycle@hotmail.com] Sent: Monday, September 11, 2017 10:56 PM To: Debbie Hoppe Subject: Ban the Bag! Do it! Sent from Outlook From: Susan Wilke [mailto:wilke@vail.net] Sent: Tuesday, September 12, 2017 9:57 AM To: Debbie Hoppe Subject: plastics! Hi - Just wanted to commend you all on attempting to prohibit polystyrene foam as well as limit the number of plastic bags we use. It’s about time someone in this valley did something about this! Let’s hope our future will be polystyrene and plastic bag free! :) Susan Wilke From: Leslie Snyder [mailto:leslie.a.snyder@gmail.com] Sent: Tuesday, September 12, 2017 10:06 AM To: Debbie Hoppe Subject: Plastic Bag Ban in Avon Hi Debbie, I am writing this letter to you to support whole-heartedly the potential plastic bag ban in Avon. To be honest, I can’t believe it hasn’t already taken place and that we haven’t followed the lead of the town of Vail and other areas in Colorado and the nation as a whole. I have heard that there are those that are not in support of the ban and quite frankly, I cannot understand their reasoning. All one needs to do is look around to notice many of those plastic bags flying around or hanging on a tree. Although plastic bags are recyclable, only 5% of them are recycled even when there are bins for this provided by the stores. Most plastic bags eventually end up littering the ground or in a landfill, where they can remain for as long as 1,000 years. I believe the best alternative to plastic is to carry and reuse your own (cloth) bags. Although I am guilty of forgetting my reusable bags at times, I know that I should and can do a better job of arriving at the market prepared. An inconvenience perhaps but it’s my responsibility. I am a mother of two and encourage my children daily to recycle and protect the world in which they live. I hope that I am a good example to them and I hope that the place that we call home can and will follow suit. Regards, Leslie Snyder From: Amanda.Mire@wellsfargo.com [mailto:Amanda.Mire@wellsfargo.com] Sent: Tuesday, September 12, 2017 12:04 PM To: Debbie Hoppe Subject: Avon Plastic/Styrofoam Ban I have lived in the Valley since 2001, specifically in Wildridge until 2013. I now reside in Minturn, but continue to shop at Avon stores when I have to. I have talked Avon Liquor into providing Even though Avon City Market offers more product, I have decided to support the Vail City Market due to the progressive bag ban in the TOV. For years, I traveled to the grocery store with my bags, and remained shocked of the lack of plastic bag ban in the Town of Avon. I also support the Styrofoam ban – this would move the Town of Avon one step closer to being accountable to our planet Earth. Kindly, Amanda Amanda Mire, CISA, CISSP (Upcoming PTO – NONE) Operational Risk Consultant, Vice President Enterprise Data & Analytics | Risk Management & Compliance Wells Fargo Technology & Operations Group MAC C3014-010 Tel 970-827-4042 l Cell 303-818-5908 amanda.mire@wellsfargo.com This message may contain confidential and/or privileged information. If you are not the addressee or authorized to receive this for the addressee, you must not use, copy, disclose, or take any action based on this message or any information herein. If you have received this message in error, please advise the sender immediately by reply e- mail and delete this message. Thank you for your cooperation. From: Cherie [mailto:cherieandrob@comcast.net] Sent: Tuesday, September 12, 2017 9:47 PM To: Debbie Hoppe Subject: Support for Plastic Bag Ban Hi Debbie, I strongly support the plastic bag ban in Avon. As a consumer who shops Village Market in Edwards often, I would be more inclined to shop at Walmart and City Market if the Town of Avon adopts a plastic bag ban. I would also be happy to be required to bring my own reusable shopping bags and/or pay a nominal fee for using plastic bags if I forgot my own bags. Furthermore, I would be happy to forego using any bags and bag my own groceries at home in the case I forgot my own bags. There are many solutions to reducing and/or eliminating the negative effects plastic bags have on our ecosystems, including humans, and the increased demand for the non-renewable, planet-damaging oil production that plastic bags requires. Since plastic does not break down, it is being ingested by animals and the food chain means humans are eating plastic - NOT SAFE! I also support a Styrofoam ban. It is also NOT SAFE! Cherie L. Rollins (970) 376-2015 Please do not hesitate to call or email me if you need any further commentary or would like me to appear in person to advocate for a plastic-free Town of Avon. -----Original Message----- From: Jen Austin [mailto:jenleeaustin@gmail.com] Sent: Wednesday, September 13, 2017 11:44 AM To: Debbie Hoppe Subject: Support Avon's plastic bag ban Dear Ms. Hoppe, I'm writing to express my support for the plastic bag ban; that is truly fantastic that Avon is considering one. However, unlike Vail I think the plastic bag ban should apply to all stores in Avon, including Walmart, not just City Market. I'm aware of the deleterious effects of plastic bags in the environment, particularly litter that presents choking hazards to wildlife, the use up finite natural resoures (up to 100 million barrels of oil are used to make the world's plastic bags each year), and there is no disposal method that really eliminates them, they take years to decompose. Please consider me a strong supporter for Avon's proposed plastic bag ban, and if you need help gathering support let me know. I work full-time but am happy to help on weekends. Thanks for the opportunity to comment, Jen Austin of Wildridge -----Original Message----- From: Nancy Klumb [mailto:nmk1044@gmail.com] Sent: Thursday, September 21, 2017 2:37 PM To: Debbie Hoppe Subject: Paper, Plastic or Reusable? – Stanford Magazine – Medium As a Stanford alumni I found this current research article from the Stanford magazine quite informative regarding comparing the carbon footprint and ecological impact of plastic, paper and reusable bags. I urge the Avon council to read this article so that whatever decision they arrive at is an informed one, not one based on trendy ideals. https://medium.com/stanford-magazine/paper-plastic-or-reusable-cloth-which-kind-of-bag-should-i- use-c4039575f3f1 Nancy Klumb Sent from my iPad Stanford Magazine Eco-Tips Paper, Plastic or Reusable? The answer is a mixed bag. By Claire Thompson SAGE (Sound Advice for a Green Earth) is a project by advanced students in Earth Systems and other programs to answer sustainability questions. Submit questions at stanfordmag.org. Q: I’ve heard that reusable shopping bags can be less sustainable than plastic shopping bags. Is this true? Which shopping bags are most sustainable: reusable, plastic or paper bags?— Connie McNair, Medford, Ore. The Essential Answer A trip to the grocery store entails a multitude of decisions. Many of us are drawn to discount prices; claims of health benefits; bright, sexy packaging — and, recently, environmental considerations. But the decisions don’t end with the products themselves. Those of us striving to be green want to make sure we’re using the most eco-friendly carrier. Thus, the question: paper, plastic or reusable cloth bags? The plastic bag has a bad reputation. According to the United States Environmental Protection Agency, Americans go through hundreds of billions of these each year. The result has been called a “modern menace,” with stray bags gathering in the streets, the ocean and landfills, where they endanger wildlife and never biodegrade. They can be recycled but usually aren’t. Paper bags are biodegradable and easy to recycle or compost. But producing them in quantity requires a lot of water, fuel and cut-down trees. And they usually aren’t made from recycled material, because new paper has longer, stronger fibers. Cloth bags are typically made from cotton, a particularly pesticide-intensive and water-guzzling crop. Reusable bags made from nonwoven polypropylene plastic are also common, and they’re actually less carbon-intensive to produce. Reputation aside, single-use plastic bags have the smallest carbon footprint, at least in terms of single- bag production. But that’s only the beginning. How we use and dispose of bags matters even more. Two of the most important considerations for the eco footprint of a bag (or any other item) are whether we reuse it and, if so, how many times. An exhaustive Environment Agency (U.K.) report from 2011 found that paper bags must be reused at least three times to negate their higher climate-warming potential (compared with that of plastic bags). A cotton bag would have to be reused 131 times to break even with a plastic bag, in terms of the climate impact of producing each bag. Of course, plastics can be reused as well — they just don’t look as trendy. But the answer isn’t quite as complicated as these details might make it seem. Which bag is the most “sustainable”? It really depends on how many times you’re going to use it and, especially with plastic, how carefully you dispose of it once its useful life is over. Use the bags that you’ll reuse the most — and check out previous SAGE answers at stanfordmag.org for advice on filling them with food that’s as gentle on the environment as the carriers you’ve chosen. The Nitty-Gritty Let’s dish the dirt on each type of bag individually — then we can compare. Paper According to the previously cited U.K. study, it takes three reuses of a paper bag to neutralize its environmental impact, relative to plastic. A bag’s impact is more than just its associated carbon emissions: Manufacturing a paper bag requires about four times as much water as a plastic bag. Additionally, the fertilizers and other chemicals used in tree farming and paper manufacturing contribute to acid rain and eutrophication of waterways at higher rates. Paper may not be the first choice for your reusable grocery bag, since it tears easily and doesn’t hold up in the rain. However, paper bags can be repurposed once they’ve been carted home — for bagging lunches; making arts and crafts; or collecting compost, trash or recyclables. In terms of disposal, paper bags are better than their plastic counterparts. Paper is compostable. If you have access to composting, just tear it up and toss it in. Or if, like me, you’ve grown pots of mold in your kitchen too many times and are now a little compost-shy, recycling is the next best option. As long as they’re not overly contaminated with food, paper shopping bags can go in any municipal recycling bin. Plastic The standard grocery store plastic bag is made from high-density polyethylene (HDPE). Studies agree that plastic bags are by far the least costly (i.e., carry the smallest ecological footprint) to produce. Still, there is no way around the fact that plastic is derived from petroleum. Petroleum is a finite resource, and as it becomes increasingly limited, obtaining it becomes increasingly damaging to the environment. Recycling plastic bags can be difficult. They often fly out of bins or cling to machinery. For these reasons, many cities do not accept them in the municipal recycling stream. Some large grocery stores offer plastic bag recycling options on site (find a recycling center near you). But unlike metal or glass, plastic can be reincarnated a limited number of times before it is too costly to revive. (Read more about recycling in another SAGE article.) Many people do reuse plastic bags. And this lowers their carbon footprint — but only to a point. Most plastic shopping bags are fated to become waste-bin liners, or dog pooper-scoopers. They do an excellent job fulfilling these duties — but when done, they’re off to the landfill. Plastic bags simply don’t have the reusable potential of cloth or even paper bags. Reusable cotton or polypropylene Reusable bags may be made from many different materials (hemp fiber, for instance, is especially good for people who fancy themselves as hip), but the two most common types are cotton and nonwoven polypropylene (PP), a more durable type of plastic. Even these chic reusable bags have caught flak from some environmentalists. Are they really better than plastic bags? The answer depends on how faithfully you reuse them. As mentioned in our essential answer, above, an average cotton shopping bag would need to be reused 131 times to account for its higher impact on the production side. So if you’re going to use this bag for the next five years, have at it. Nonwoven PP, on the other hand, is less costly than cotton. These bags need to be reused only 11 times to break even with the conventional plastic (according to the same U.K. study). Remember — not all bags are created equal! If you do opt for a reusable, be sure to consider the material, its origins and how much you will reuse the bag. Of course, the best option is to use a tote you already have (or buy one secondhand). In the end, your actions will make the greatest difference — not the bag itself. The most sustainable choice is one that’s sustainable for you. What are your preferences? Which considerations, environmental or otherwise, are most important to you? And which lifestyle changes will you make for the long-term? Take these questions as food for thought the next time you’re on your way to the grocery store. From: Marty Golembiewski [mailto:martygolembiewski@hotmail.com] Sent: Wednesday, September 27, 2017 12:33 PM To: Avon Council Web Subject: plastic bag ban Council, I was disappointed to read the paper today to see that there may be limitations on the plastic bag and polystyrene foam ban. I fully support a complete ban for our town. Now that the leaves are falling off the Aspen Trees I can see a plastic bag that has been up high in a tree where I live. I have been tracking how long it has been up there. It's been 12 years. Yes, 12 years and it has not completely deteriorated. Thank you, Marty Golembiewski Town of Avon Resident -----Original Message----- From: Steve Coyer [mailto:scoyer@hotmail.com] Sent: Wednesday, September 27, 2017 9:43 AM To: Avon Council Web Cc: Virginia Egger; Heil Eric Subject: Bag Ban, DACA, and Other Thoughts Council Members… I’m sorry I couldn’t be at the entire meeting last night. But, I did want to thank you for supporting the resolution on DACA participants. I think we are one of the first, if not the first, community in the State to pass something like this, and I hope more communities will do the same. I believe it will have an impact. I plan to use your resolution in asking neighboring towns, and the county, to pass something similar. I read the article in the Daily about your discussion of the “bag ban”. While far from an expert on the issue, I do have some experience with this topic, as we spend the month of April in Carmel, CA each year, and there is such a ban in place there. There is, as far as I know, a total bag ban that applies to all retailers. You can get a paper bag and pay a fee of ten cents per bag - I am unsure where that money goes, however. I do like Sarah’s thought as written in the Daily article, especially about using some of the money to produce “town bags” that are reusable. These could be distributed to hotels and rental properties in the town so that our visiting tourists could have them available when they go shopping here. In any case, I think we need to make reusable bags available to our visitors so they don’t feel penalized when they shop for groceries, etc. Perhaps we can get some funding from local businesses that want to sponsor such bags, with their name on them for advertising purposes, as well. The use of bags is common in Europe, as you probably know, and in a growing number of towns here in the U.S. I am the chef and shopper in my family for the most part, and once a regular routine of having my bags in my car was established, I hardly go into any store without one. That includes shopping for dog food at a small local retailer, as well as drugstores and many other small retailers - obviously, I use them every day at City Market. This is not a hard “ask” for our residents, in my mind. Consequently, Amy and I whole-heartedly support the ban, and urge you to enact it at your next Council meeting. As I believe Virginia mentioned, the ordinance can always be amended if you experience some unforeseen consequences. I want to again thank you all for the time and effort you put into managing our Town. You take your responsibilities very seriously, and I, for one, am happy to report that I think the Town has never been in a better place. I am very proud of being a resident, and you all have played a large role in making that happen. As always, if there is something I can help you with, please feel free to contact me. Warm Regards…. Steve Coyer From: CandiceJenkins <candice@jenkinsfirm.com> Subject: Beaver Creek Rodeo Arena Date: September 27, 2017 at 11:48:37 AM MDT To: Jennie Fancher <jfancher@avon.org> Ms. Fancher- Good Morning. By way of introduction, I am an Avon resident and I live in Chapel Square. I'm not sure if you are the person for this issue. So, if not, please forward this email to the appropriate person. Beaver Creek has left the rodeo arena in disarray since the Rodeo ended over a month ago. There is trash and debris blowing all over the area. It was not like this last year and I am so disappointed in BC. Attached are a few photos. BC had some workers there yesterday and I was hoping they were there to clean. They did not clean. I took these photos after they left. If you know who manages the arena at BC, please ask them to maintain the property. Thank you for your time. I appreciate everything you and the Council do to keep Avon an incredible place to live. By the way, I am 100% for the plastic bag ban. Thanks again, Candice Jenkins From: Tom Ruemmler [mailto:TRuemmler@hotmail.com] Sent: Friday, October 06, 2017 11:19 AM To: Avon Council Web Subject: Choices not discussed concerning paper, plastic bag issue Dear Avon Council, By 1972 I became one of the pioneers concerning environmental issues. I have been invited to speak at the Sierra Club meetings. My personal carbon footprint is one of the lowest in the United States. I built a Net Zero energy use house that should last over 1000 years. This house should have very low maintenance which and is the way of the future for employee and all housing. I have taken a lot of time and effort to analyze the paper, plastic reusable bag issue, scientifically and social speaking. I encourage you to read the entire attached summary of the attached paper, plastic reusable bag issue. I hope you also read the October 6, 2017 Letter to the editor “Make An Informed, Not Trendy Decision.” Near the end of the attached you will understand that Avon has different choices that have not yet been discussed. I thank you in advanced for your time. Tom Ruemmler 719 293-0655 Vail Valley resident since 1988 Avon resident since 2015 Paper vs. Plastic Misconceptions The current article by Clarie Thompson in the Stanford magazine summons up the bottom line of paper, plastic or reusable bags. “Reputation aside, single-use plastic bags have the smallest carbon footprint, at least in terms of single-bag production. But that’s only the beginning. How we use and dispose of bags matters even more.” “Two of the most important considerations for the eco footprint of a bag (or any other item) are whether we reuse it and, if so, how many times. An exhaustive Environment Agency (U.K.) report from 2011 found that paper bags must be reused at least three times to negate their higher climate-warming potential (compared with that of plastic bags). A cotton bag would have to be reused 131 times to break even with a plastic bag, in terms of the climate impact of producing each bag. Of course, plastics can be reused as well — they just don’t look as trendy.” “But the answer isn’t quite as complicated as these details might make it seem. Which bag is the most “sustainable”? It really depends on how many times you’re going to use it and, especially with plastic, how carefully you dispose of it once its useful life is over. Use the bags that you’ll reuse the most — and check out previous SAGE answers at stanfordmag.org for advice on filling them with food that’s as gentle on the environment as the carriers you’ve chosen.” MISCONCEPTIONS Paper bags do not degrade at a substantially faster rate than plastic bags once they are in a landfill. You can still find readable newspapers from the 1930’s in landfills. This is because virtually nothing degrades completely in modern landfills due to lack of water, light, oxygen and other factors necessary for successful degradation. (EPA) Four times as much energy is required to produce paper bags compared to plastic bags (EPA & USA Today). The manufacture of paper bags generates70% more air pollutants, 80% more green house gases and 50 times more water pollutants than plastic bags. (EPA, Anne Thompson Chief environmental correspondent CBS news and Lilenfield), 2000 plastic bags weigh 30 pounds where as 2000 paper bags of the same size weigh 280 pounds. (EPA) It takes at least nine more truckloads of paper bags to deliver the same number of plastic bags, which inevitably leads to more usage of fossil fuels as well as far greater emissions of greenhouse gases. Paper bags take up more space and weight in landfills Both paper and thin plastic shopping bags have very low recycling rates. Plastic bags can clog current recycling machines (Milstein). Some stores offer bins in which to properly recycle plastic bags. Paper bag production delivers a detrimental double-whammy as forests (major absorbers of greenhouse gases) are cut down, combined with the actual manufacturing process of the bags that produces toxic greenhouse gases, acid rain and water pollution. In 1999, 14 million trees were cut to produce the 10 billion paper grocery bags used by Americans that year alone. (EPA) The process of recycling can be inefficient -- often consuming more fuel than it would take to make a new bag (source: Milstein). In addition, it takes about 91 percent more energy to recycle a pound of paper than a pound of plastic (source: reusablebags.com). Since there are almost 10 times more plastic bags than paper bags per pound, it takes almost 910 % less energy to recycle a plastic bag than paper bag. The above factors have made the question of which is greener mind-boggling. The EPA has admitted that not only is the question unresolved, but it doesn't consider the use of plastic bags a major issue (source: Spivey). Most environmental groups say that it's best to avoid plastic and paper disposable bags altogether -- instead we should diligently reuse “bags or containers” that are more environmentally friendly. Costco recycles it’s boxes by giving customer the boxes to carry items home. This is a great example that disposable bags and reusable bags are not necessary. As municipalities continue to enact Plastic Bag Ban ordinances, it is recommended that records be kept not only to measure their effectiveness in promoting reusable bag usage, but also to see how these ordinances impact local businesses. A lack of research on the economic impacts of Plastic Bag Bans threatens their objectivity and credibility when presented to business leaders and elected officials. This data, while costly to collect, is essential to understand whether or not a Plastic Bag Bans is achieving its desired goals. If you believe that greenhouse gases and clean water are major concerns, then switching from plastic to paper does not make scientific sense because science has shown that paper bags are more harmful to the environment. WHAT CAN AVON DO If Avon really wants to help save the environment, then it needs to help change people’s behaviors. Reusable bags also have negative affects. More theft can occur if customers carry reusable bags while shopping. Reusable bags can accumulate bacteria that could harm consumers. “Reusable cloth bags are typically made from cotton, a particularly pesticide-intensive and water-guzzling crop. Reusable bags made from nonwoven polypropylene plastic are also common, and they’re actually less carbon-intensive to produce” Source: Claire Thompson Avon has a few options to change people’s behavior. Options include requiring certain stores to charge a large enough fee for either type of disposable bag, that it makes is worth while for the consumer to switch towards reusable bags. Another option is banning all bags at certain stores If this valley wants to demonstrate a trend towards sustainability and environmental friendliness, it needs to develop a strategy to encourage customers at certain stores not to use disposable bags. What if Avon requires a fee or bans all bags at stores that have shopping carts and parking lots such as grocery stores, Wal-Mart, Home Depot, etc. Why these stores? These stores dispense the most disposable bags in the valley. Consumers can wheel their many small items to their cars. When they arrive home, they can either make many trips or load their merchandise into more environmentally friendly containers to transport purchases into their homes. This encourages them to keep reusable bags in their cars. They should not carry them into stores. If Avon bans all disposable bags at certain stores, Avon and the stores should advise customers they saved approximately $1.00 each time they shopped in Valley stores as the alternative was charging 20 cent per bag to change peoples behavior. Data from other countries reveals, a 20 cent to 40 cent charge per bag results in significant reduction is the use of disposal bags. If Avon choses to enact a charge for bags, it is a tax that the citizens should vote on. All money collected by the tax should go to the store. As a result, this may allow stores to reduce prices on goods they sell for all customers that switch their behavior away from disposable bags at the expense of those that do not switch their behavior. This concept keeps greedy government out of the private sectors business. This concept should be acceptable to most business and can reduce the cost of living in the Valley, which is a major concern for obtaining labor needed for peak tourist loads. Tom Ruemmler, A researcher and a pioneer in energy efficiency, green building, environmental issues and a business consultant that lives in Avon Ordinance 17-14 Family definition Code Text Change 1 TOWN COUNCIL REPORT To: Honorable Jenny Fancher and Avon Town Council From: David McWilliams, Town Planner Matt Pielsticker, AICP, Planning Director Meeting Date: October 10, 2017 Agenda Topic: PUBLIC HEARING and Second Reading of Ordinance 17-14, Approving a Code Text Amendment Application amending Title 7: Development Code, and the definition of “Family” ACTION BEFORE COUNCIL Vote on second reading of Ordinance 17-14, Approving Title 7: Development Code Text Amendments, and the definition of Family. PROPOSED MOTION “I move to approve second reading of Ordinance 17-14, thereby approving a Code Text Amendment Application amending Title 7: Development Code, and the definition of Family.” INTRODUCTION Community Development staff was recently made aware of a living situation that deviates from the definition of “Family”, found in Section 7.08, Avon Development Code. The Family definition ties back to the definition of Dwelling Unit, and prescribes the density permitted for a family living in a single-family, duplex or multi-family dwelling, or mixed used building. According to Section 7.08, Family is defined as follows: Family means an individual living alone or either of the following groups living together as a single housekeeping unit and sharing common living, sleeping, cooking and eating facilities: (a) Any number of persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship; or (b) Any unrelated group of persons consisting of: (1) Not more than four (4) persons; or (2) Not more than two (2) unrelated adults and their children, if any; or (3) Not more than eight (8) developmentally disabled persons and appropriate staff occupying a dwelling unit and living as a single, nonprofit housekeeping unit. The applicant’s ability to provide the living arrangement of a traditional family of five plus a live- in child caretaker is currently prohibited. Upon receiving written notice from Town staff of the violation, the applicant’s representative, Inga Causey, agreed to the violation by executing a compliance agreement which admits to the violations allows time to seek remedies. The option to amend the code language for Family was pursued and a Code Text Amendment application was submitted and processed through the Planning and Zoning Commission (PZC). Ordinance 17-14 Family definition Code Text Change 2 At first reading the Avon Town Council directed staff to modify the definition to retract the “including the domestic employee thereof” language recommended by PZC. The language in the attached Ordinance 17-14 (Exhibit A) reflects this modification and brings the definition back to the form proposed by the applicant at the time of application submittal. Council also made a motion and vote to initiate further code amendments to address density in dwelling units so as to not be as restrictive. This modified definition is now before Council for final review and consideration by approval of an Ordinance (Exhibit A). The mandatory review criteria for Council to consider with this application are outlined within the PZC packet materials (Exhibit B). Additional public comments related to this application are also included as Exhibit C. AVAILABLE ACTIONS: 1. Continue the Second and Final Reading to October 24 meeting. 2. Approve Second and Final Reading as presented. 3. Approve Second and Final Reading, with non-substantive modifications. 4. Deny Second and Final Reading. ATTACHMENTS:  Exhibit A: Ordinance 17-14  Exhibit B: PZC Packet Materials and Recommendation  Exhibit C: Written Public Comments TOWN OF AVON ORDINANCE 17-14 APPROVING A CODE TEXT AMENDMENT APPLICATION FOR AMENDMENTS TO TITLE 7: DEVELOPMENT CODE; AND THE DEFINITION OF FAMILY WHEREAS, a property owner submitted an application (“Application”) to amend the definition of Family in the Avon Development Code (“ADC”), in accordance with Section 7.16.040 (a), ADC; WHEREAS, the Avon Planning & Zoning Commission (“PZC”) held a public hearing on September 5, 2017, after publishing and posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff, considered such information prior to formulating a recommendation; WHEREAS, after conducting the noticed Public Hearing, PZC made the required findings to recommend approval of the application, with edits, to the Town Council; WHEREAS, the Town Council of the Town of Avon held a public hearings on October 10, 2017, after posting notice as required by law, considered all public comments, testimony, evidence and staff reports provided by the Town staff prior to taking any action on the Application; WHEREAS, pursuant to AMC §7.16.040(c), Review Criteria, the Town Council has considered the applicable review criteria for a Code Text Amendment and found the Application in compliance with the review criteria, and specifically finds that the text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions and promotes the health, safety and general welfare of the Avon community; WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon home rule charter and the Avon Development Code by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed zoning or other matters in this Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Ord. 17-12 – Amending Development Code: Family SECOND READING – October 10, 2017 Page 1 of 3 EXHIBIT A: ORDINANCE 17-14 Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Chapter 7.08 Definitions. The definition of Family is amended to read as follows, with underline indicating language to be adopted: “Family means an individual living alone or either of the following groups living together as a single housekeeping unit and sharing common living, sleeping, cooking and eating facilities: (a) Any number of persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship and not more than one additional person; or (b) Any unrelated group of persons consisting of: 1) Not more than four (4) persons; or 2) Not more than two (2) unrelated adults and their children and not more than one additional person, if any or. . .” Section 3. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and Ord. 17-12 – Amending Development Code: Family SECOND READING – October 10, 2017 Page 2 of 3 EXHIBIT A: ORDINANCE 17-14 welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on September 26, 2017 and setting such public hearing for October 10, 2017 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on October 10, 2017. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney Ord. 17-12 – Amending Development Code: Family SECOND READING – October 10, 2017 Page 3 of 3 EXHIBIT A: ORDINANCE 17-14 Case# CTA17003 Family Definition Public Hearing 1 To: Planning and Zoning Commission From: David McWilliams, Town Planner Matt Pielsticker, Planning Director Meeting Date: September 5, 2017 File: CTA17003 Topic: Code Text Amendment INTRODUCTION Staff was recently made aware of a living situation that deviates from the definition of a “Family”, found in AMC 7.08, which states: Family means an individual living alone or either of the following groups living together as a single housekeeping unit and sharing common living, sleeping, cooking and eating facilities: (a) Any number of persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship; or (b) Any unrelated group of persons consisting of: (1) Not more than four (4) persons; or (2) Not more than two (2) unrelated adults and their children, if any; or (3) Not more than eight (8) developmentally disabled persons and appropriate staff occupying a dwelling unit and living as a single, nonprofit housekeeping unit. This definition governs the amount of people allowed to live in a dwelling unit (house) and prevents the living arrangement of a traditional family of five plus a live-in child caretaker. The Applicant in this case, Inga Causey, is representing clients who have this living arrangement. The applicant presented Exhibit A in the application process. The family proactively sought remedies that would allow their occupancy arrangement to continue. A Code Text Amendment is required due to the definition being separate from any development review procedure. The family has signed a “Compliance Agreement” which is a tool that allows staff the flexibility to forgo a Notice of Violation and subsequent legal action if the situation is remedied in a timely manner. Now, the Applicant proposes to modify the definition of a family, with changes in underlined red: Family means an individual living alone or either of the following groups living together as a single housekeeping unit and sharing common living, sleeping, cooking and eating facilities: (a) Any number of persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship and not more than one additional person; or EXHIBIT B: PZC MATERIALS Case# CTA17003 Family Definition Public Hearing 2 (b) Any unrelated group of persons consisting of: (1) Not more than four (4) persons; or (2) Not more than two (2) unrelated adults and their children and not more than one additional person, if any or . . . The PZC shall conduct a public hearing and use the below timeline and criteria to recommend approval or denial of this application to the Town Council. Timeline CODE TEXT AMENDMENT REVIEW CRITERIA The review procedures for this application are governed by the Development Code. According to the AMC §7.16.040(c), Review Criteria, the PZC and Town Council shall use the following review criteria as the basis for recommendations and decisions on applications to amend the text of the Development Code: (1) The text amendment promotes the health, safety and general welfare of the Avon community; Staff Response: The expansion of the definition of a family generally coincides with societal expansion of living arrangements, reducing the proportion of households occupied by a “nuclear family”. Particularly in the mountain environment, nontraditional living and working situations arise from the pressures placed on people trying to afford living here. Child care is fundamental to the success of families in the valley, and living arrangements that promote reasonable flexibility should be the backbone of responsive government. While increasing occupancy arrangements may correspond to greater negative externalities, (parking, trash, noise, etc.) many of these issues are addressed in Avon Municipal Code or other regulations. The potential to increase family density may not be the right thing for every property or HOA in Avon, but the rules in place to regulate externalities should be allowed to function in those cases. Likewise, cases where the externalities will be low should not be prevented out of principle or for their own sake. (2) The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan; Staff Response: Providing attainable housing and child care for working families are two themes addressed in the Comprehensive Plan. Select language from the Comprehensive Plan demonstrates a vision of diverse housing arrangements and the provision of child care: EXHIBIT B: PZC MATERIALS Case# CTA17003 Family Definition Public Hearing 3  Goal E.1: Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve all segments of the population  Policy E.1.3: Provide attainable housing through alternative means, including but not limited to: payment-in-lieu, land dedication, regulatory requirements, deed restrictions, waiver of development and building fees, and public-private partnerships that reduce the price of units.  Policy I.1.3: Encourage neighborhood and community-based childcare, senior care, and healthcare facilities. (3) The text amendment promotes or implements the purposes stated in the Development Code; or Staff Response: Language from the purposes statement of the Development Code relating to this Code Text Amendment application appears below:  (b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town;  (n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy (4) The text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions. Staff Response: The precipitating factors for expanding the definition of a family for occupancy purposes are usually student housing, elderly care, and child care. Nationwide, there are numerous ways that communities have grappled with this issue. Attached as Exhibit B is a list of example language from other municipalities that have more expansive family definitions than Avon. These examples are presented to show that if the PZC and Town Council feel that the family definition needs to be expanded, there are several options that have different costs and benefits. Some regulations require a “tenant” to live as if they were part of the family, such as sharing cooking responsibilities, having a single budget, or having no other dependents. Others require an application process similar to Avon’s Special Use Review to confirm these factors. Staff is generally in favor of the expansion for specific cases, like the one in this case, but feels that the administration of these nuisances could be difficult. That is, it is administratively difficult to seek and receive proof of a cohesive family dynamic within a house. A simple and concise definition (not unlike the one presented in this application) would be preferable to some of the more onerous ones presented in Exhibit B. PZC should carefully consider the consequences of this expansion before making their recommendation to Town Council. Staff recommends approval of this application as written due to its flexibility for residents and its ease of enforcement. AVAILABLE ACTIONS 1. Continue the Public Hearing pending additional information. 2. Approve Findings of Fact and Record of Decision recommending that the Town Council approve the application. EXHIBIT B: PZC MATERIALS Case# CTA17003 Family Definition Public Hearing 4 3. Approve Findings of Fact and Record of Decision recommending that the Town Council deny the application. RECOMMENDED MOTION “I move to recommend that the Avon Town Council approve Case #CTA17003, an application to amend and update the Avon Municipal Code, with the findings and fact and record of recommendation attached as Exhibit C to Staff’s report.” ATTACHMENTS  Exhibit A: Letter from the Applicant.  Exhibit B: Staff research of other Municipal Code language with expanded definitions of family.  Exhibit C: Draft Findings and fact and record of recommendation. EXHIBIT B: PZC MATERIALS Exhibit AEXHIBIT B: PZC MATERIALS Exhibit AEXHIBIT B: PZC MATERIALS Exhibit AEXHIBIT B: PZC MATERIALS Exhibit B Family Definitions that expand sizes: Fon du Lac, WI: Family. One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present: A. The group shares the entire dwelling unit; B. The group lives together as a single housekeeping unit; C. The group shares expenses for food, rent, utilities or other household expenses; D. The group is permanent and stable and not transient or temporary in nature; and E. Any other factor reasonably related to whether the group is the functional equivalent of a family. Ames, IA: Three or more people who are granted a Special Use Permit as a “functional family” pursuant to the special use permit procedures section of this ordinance. Special Use Permit for a functional family as provided for in this section after having determined that the application meets the following standards: a. The functional family shares a strong bond or commitment to a single purpose (e.g. religious orders); b. Members of the functional family are not legally dependent on others not part of the functional family; c. Can establish legal domicile as defined by Iowa law; d. Share a single household budget; e. Prepare food and eat together regularly; f. Share in the work to maintain the premises; and g. Legally share in the ownership or possession of the premises. Platteville, WI: Family: (a) Any number of persons, all of whom are related to each other by blood, adoption, marriage, legal guardianship, or domestic partnership formed under Wis. Stats. 770, along with up to two (2) roomers or boarders not so related, living together in one dwelling unit as a single housekeeping entity; (b) Not more than four (4) persons who are not related by blood, adoption, or marriage, living together in one dwelling unit as a single housekeeping entity; or EXHIBIT B: PZC MATERIALS Exhibit B (c) Two (2) unrelated individuals and any children of either or both of them living as a single housekeeping unit. Saint Paul, MN: Family. One (1) or two (2) persons or parents, with their direct lineal descendants and adopted or legally cared for children (and including the domestic employees thereof) together with not more than two (2) persons not so related, living together in the whole or part of a dwelling comprising a single housekeeping unit. Ann Arbor, MI: A dwelling unit may not be occupied by more persons than 1 of the following family living arrangements: (a) One or more persons related by blood, marriage, adoption or guardianship living as a single housekeeping unit, in all districts. (b) Four persons plus their offspring living as a single housekeeping unit, in all districts. (c) Six persons living as a single housekeeping unit in R4 districts. (d) A functional family living as a single housekeeping unit which has received a special exception use permit pursuant to section 5:104. EXHIBIT B: PZC MATERIALS PZC Recommendations: #CTA17003 Page 1 of 2 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECCOMENDATION TO TOWN COUNCIL DATE OF DECISION: September 5, 2017 TYPE OF APPLICATION: Code Text Amendment PROPERTY LOCATION: Town Of Avon FILE NUMBER: #CTA17003 APPLICANT: Town of Avon These recommendations are made in accordance with the Avon Development Code (“Development Code”) §7.16.040(c): DECISION: Recommendation to approve the Title 7: Development Code Text Amendments. The motion passed unanimously, citing the following findings: 1.The text amendments were reviewed with the criteria listed in Section 7.16.04o(c), Review Criteria, and are found to be in substantial compliance as outlined in the staff report for the August 15, 2017 public hearing. 2.The code text amendments promote the health, safety, and general welfare of the Avon Community. 3.The text amendment promotes and implements the goals and policies of the Avon Comprehensive Plan; 4.The text amendment promotes and implements the purposes stated in this Development Code; and 5.The text amendment is necessary and desirable to respond to changed conditions and new planning concepts related to family dynamics and flexible occupancy. 6.This amendment would permit live-in care for children, the elderly, and those with medical condition in-home caregivers. Exhibit CEXHIBIT B: PZC MATERIALS PZC Recommendations: #CTA17003 Page 2 of 2 PZC recommended modifications to Family definition, with changes in underlined red: Family means an individual living alone or either of the following groups living together as a single housekeeping unit and sharing common living, sleeping, cooking and eating facilities: (a) Any number of persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship, and not more than one additional person including the domestic employees thereof; or (b) Any unrelated group of persons consisting of: (1) Not more than four (4) persons; or (2) Not more than two (2) unrelated adults and their children, if any, and not more than one additional person including the domestic employees thereof, . . . (3) Not more than eight (8) developmentally disabled persons and appropriate staff occupying a dwelling unit and living as a single, nonprofit housekeeping unit. Exhibit CEXHIBIT B: PZC MATERIALS EXHIBIT C: PUBLIC COMMENTS EXHIBIT C: PUBLIC COMMENTS 1 From: Amy Novak Sent: Friday, September 22, 2017 11:55 AM To: Matt Pielsticker Subject: Definition of Family Good Afternoon, Relative to the Town of Avon's legal definition of family, I am writing in support of allowing the definition to now include such people as nannies, caretakers, house keepers, and so on. As we all know, this is an expensive community in which to live, and it would be helpful to allow non-related adults who participate in assisting with households duties, i.e. caring for children, the elderly and so on to be counted toward the definition of family. They are undertaking family related duties which might make it easier to conceptualize broadening the definition of family. Many of us who do live here are far away from our families, and need the extra assistance. Thank you for your consideration on this. Sincerely, Amy Novak Town of Avon resident EXHIBIT C: PUBLIC COMMENTS Good Afternoon, I am writing in support of reforming the definition of family in relation to the Town of Avon’s present legal definition. I would recommend that it now include such people as nannies, caretakers and house keepers. As you know, this is an expensive community and county in which we live. It would be helpful to allow non-related adults who participate in assisting with households duties, i.e. caring for children, the elderly and so on to be counted toward the definition of family. These individuals are supplying family related help to individuals living in this community which in turn helps us all care for our families. Thank you for your consideration. Sincerely, Lisa Reeder Town of Avon resident EXHIBIT C: PUBLIC COMMENTS 1 From: Hugh Lamle ] Sent: Tuesday, September 26, 2017 9:03 AM To: Matt Pielsticker Cc: Derek George; Subject: Density regulations Dear Matt,  I have owned a home at 220 Nottingham Rd, Avon since 1991 and during this time have witnessed the tremendous  growth of the Vail Valley. Unfortunately much of this growth has been in luxury housing and only some in affordable  housing. Sunnyside is a very attractive complex where some owners have excess space that could be used for affordable  housing. Additionally, social norms have changed in the last few decades. It is now common for people in long term  committed relationships to not be married and would therefore not be considered a conventional family.  I am writing in support of my neighbors Jeremy and Kerri Thelen in their effort to avoid having their family’s living  arrangements uprooted through the application of an antiquated definition of family. Additionally, I feel it is important  to have affordable housing available in the Vail Valley where there is a critical need for it and many homes have space to  accommodate both long term and seasonal renters.  I feel it is inappropriate to use an arbitrary definition of family to regulate density. In a valley where housing is scarce, we  should concentrate on creating opportunities for homeowners to provide affordable housing solutions. To that end, I  support regulating density based on a properties occupants per number of bedrooms rather than the definition of  family. My wife Livia Helmer MD is copied on this email and supports this change in regulation.  Sincerely,  Hugh Lamle  Sunnyside at Avon Unit 4  Hugh R. Lamle, President M. D. Sass Investors Services, Inc. 1185 Avenue of the Americas 18th Floor New York, NY 10036 Tel. 212-730-2000 Email HLamle@mdsass.com EXHIBIT C: PUBLIC COMMENTS 1 From: NSAVAIL Sent: Friday, September 15, 2017 11:29 AM To: Matt Pielsticker Subject: Re: Letter to Town Council for Inclusion in Packet for Tuesday's Meeting Matt: Thank you for checking with me. I do not believe that the changes underlined in red address the concerns mentioned in the application. Rather, they are a uniform of 1 person to the density code for limited families, but not all families. Rather than amend the Ordinance, we recommend that the Town adopt a special use permit policy and procedure to allow Staff to review and approve applications based upon the applicant's need to expand the definition of family. For instance, an applicant may seek to expand the definition of family to include a group of exchange students to enhance the experience for the exchange students--more than 1 student. Or a family may hire a caretaker who is married so the expansion should include the caretaker and his/her spouse--and what about the children of the caretaker? Or an unrelated group of 4 may want to take in an exchange student (or more), or hire a live-in housekeeper, or provide housing for an elderly parent, etc. None of these options are permitted for the unrelated 4 person group. Also, the proposed changes are not limited to the purpose stated in the Application. Rather, the proposed changes allow expansion of the definition to "not more than one additional person" without mention of the reason for such expansion. Thus, it is foreseeable that the same issue will arise at a later date when the owner wants a nanny, caretaker, live-in maid, exchange student, etc. because the "one additional person" is not performing any of these roles. We agree that there is a legitimate and valuable purpose for allowing staff to review and approve special use of a residence based upon an application submitted with a statement of the reason the special use is for a "family" purpose. The current proposal does not address all unintended consequences and does not limit the expansion for these purposes. Rather, it opens up a plethora of unintended consequences. A better approach would be to keep the Ordinance as it exists and create a procedure for staff review of an application for expansion of the "family" to allow it to be approved for these and other proper cases. This approach was not presented to PZC. Unfortunately, we did not know about this application until you mentioned it Tuesday night. I would have presented it to PZC had I had the opportunity to do so. I am doing the next best thing-- presenting the recommendation to the Town Council. I hope that this explanation makes sense. I am happy to discuss by telephone if you want. Thank you, NSA Investments, Inc. Nancy Adam, President EXHIBIT C: PUBLIC COMMENTS September 5th, 2017 Dear Planning and Zoning Commission Members, I have been the Thelen’s neighbor for nearly a decade, and I know them to be good people and great neighbors. I feel a little conflicted because I want to support them, but I think there is a bigger picture that we need to address. I agree that we need to get away from regulating the definition of single family as the 1950’s image of two parents and a couple of kids with a separate yard and a picket fence. Modern families and modern situations have changed – particularly in this valley, where the cost of living is so astronomically high. The Thelen’s have been advised to propose a very narrow amendment to the general municipal code. This amendment would fix the Thelen’s current situation: a family with a nanny. But how many of you know of situations where a couple care-takes for a family that owns a large home and maybe the caretakers live in a room above the garage? What happens when the Thelen’s nanny has a fiancée who spends the night more often than not? What happens when they decide to get married? Should the Thelen’s be forced to get rid of their live-in nanny because she found love? There are many more examples that are common in this valley that would not be accommodated under the proposed amendment. Families should not face crippling penalties for trying to house their caregivers, caretakers, exchange students, business partners, roommates, or friends. When considering an amendment to the town’s municipal code, I would hope we could take as many of these situations into account as possible. I suggest that perhaps the town should not really want to put itself in the position regulating how people choose to live and what constitutes a family. I believe staff are correct in observing that we should not be talking about the definition of a family for zoning purposes, but rather about density – how many adults can safely live in a given residence. A more sensible solution that accommodates the realities of modern living situations, could be to regulate the number of adults allowed per bedroom. For example, I could see a rule that allowed up to two adults per bedroom as more reasonable. My experience is that people are generally working towards living with fewer roommates. If given the opportunity, most couples would prefer to live in a three- bedroom unit by themselves rather than with two other couples, but sometimes that’s something a young couple has to work towards given the current economic realities. We should not have municipal code that unnecessarily makes these people, and people like the Thelen's into violators. If we are going to amend this element of the municipal code, let us please make it more general instead of more specific. Sincerely, Derek George EXHIBIT C: PUBLIC COMMENTS  Page 1 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Scott Wright, Asst. Town Manager Meeting Date: October 10, 2017 Re: Ordinance No. 17-15, Clayton Holdings LLC State & Municipal Lease/Purchase Agreement; Lease Number: 5000218-001 Action Before Council This is first reading of an ordinance adopting a Clayton Holdings LLC State & Municipal Lease/Purchase Agreement; Lease Number: 5000218-001, for the financing of the purchase of an Altec AT200A lift truck for the Town Electrician, and 2018 Kenworth T800H plow truck. Proposed Motion “Motion to approve Ordinance 17-15, an ordinance authorizing the execution and delivery of a state and municipal lease/purchase agreement dated October 5, 2017 between the Town of Avon and Commerce Bank to purchase a lift truck and plow truck pursuant to Exhibit A of such agreement.” Summary Capital lease purchases are a capital financing tool that lessen the burden of an initial purchase of capital equipment and spreads the cost out over the estimated useful life of the asset. The lift truck was included in the original 2017 budget in Buildings and Facilities for $60,000. The final revised budget will reflect the purchase price of $80,204. The plow truck is a replacement for plow truck #111, an International plow truck originally purchased via a lease purchase in 1999. The plow truck was included in the original 2017 budget in Equipment Replacement for $185,000. The final revised budget will reflect the actual purchase price of $275,613. The reason for the higher cost is due primarily to federal mandates for manufacturers to meet Tier 2 federal emission standards. The emission standard adds a DEF tank, delivery system, and exhaust after-treatment regenerative burning mufflers. In addition, staff requested that the plow truck be fitted with an additional wing to be able to plow the Metcalf Rd. bike lane (and other bike lanes) in one pass. The amount of the lease is $355,817.62 ($352,060 on the proposal) to be amortized over a term of seven (7) years with annual payments of $55,486.41 at an interest rate of 2.24%. The amount of the lease changed slightly after receiving the proposals due to final pricing of the equipment.  Page 2 Requests for quotes were sent to four different financing entities. The Town received two quotes back that met our terms for the financing. Clayton Holding’s interest rate was the lowest received. As a side note, Clayton Holdings is an equity subsidiary of Commerce Bank. The Town has used Commerce Bank previously for capital lease/purchase financings, the most recent in 2013. Attachments: A – Clayton Holdings LLC Bank Proposal and Terms B – Ordinance No. 17-15 C – Lease/Purchase Agreements and Documents 8000 Forsyth Boulevard St. Louis, Missouri 63105-1797 (314) 746-3678 09/21/2017 Scott C. Wright Assistant Town Manager/Finance Director Town of Avon 1 Lake Street, P.O. Box 975 Avon, CO 81620 Dear Mr. Wright: On behalf of Clayton Holdings, LLC, we would like to offer the following lease-purchase proposal for your consideration: Type of Financing: A tax-exempt, State and Municipal Lease/ Purchase Agreement (the “Lease”). Lessor: Clayton Holdings, LLC – An equity subsidiary of Commerce Bank. Lessee: Town of Avon, CO Equipment: One (1) New Plow Truck One (1) New Lift Truck Total Finance Amount: $352,060.00 Commencement Date: 11/24/2017 Base Term: 7 years (84 months) Interest Rate: 2.24% fixed, rate locked until 10/20/2017 Payment Frequency: A. Annual/Arrears *The first payment is due one year after closing. B. Semiannual/Arrears *The first payment is due six months after closing. Payment Amount: A. Annual/Arrears - $54,900.44 (7 payments, first due one year after closing) B. Semiannual/Arrears - $27,310.46 (14 payments, (first due six months after closing) Documentation: Shall be provided by Lessor. Funding of the Lease is contingent, in part; upon receipt and review by Lessor of executed Lease documentation in form acceptable to Lessor and Lessee. Interest Rate Adjustment: The above quoted interest rate is based on a spread over the Seven (7) year Interest Rate Swap as quoted in the Federal Reserve Statistical Release H.15 (the “Index”). For Purposes of this proposal, the Seven (7) year interest rate swap as of 09/20/2017 is 2.04%. In the event the transaction does not close by 10/20/2017, Lessor reserves the right, but has no obligation, to adjust the Interest Rate after 10/20/2017 based on changes in the Index between the Quote Date and the Commencement Date. The adjustment, if made, would preserve Lessor’s original lease investment assumption on a nominal pre-tax yield basis. The indexed or floating rate after 10/20/2017 would be calculated according to the following formula: Then Current Seven (7) year H15 Swap rate as published by the Federal Reserve plus # bps x .65 = Transaction Rate Example: Seven (7) year Swap Rate as of 09/20/2017 = 2.04% + 141 bps = 3.45% x .65 = 2.24% Interest will be computed on the basis of an Actual/360-day year and must be exempt from federal income taxation. Early purchase Option: In the event Lessee desires to prepay this lease, they may do so in whole, but not in part at a premium of the then current outstanding principal balance, calculated as follows; 3% in year (1), 2% in year (2), and 1% in each year thereafter until maturity. Provided however, that the Lessee is using internally generated funds to prepay the lease, the prepayment penalty would be waived and there would be no prepayment penalty on the agreement. General Terms: This financing structure, rate and payment are based on the Transaction being designated as Tax Exempt and Non-Bank Qualified under the IRC Section 103 and 265 b (3). The Lessee does intend to issue more than $10 million dollars in tax-exempt obligations in the current calendar year. Titles/Liens: Lessor shall have a perfected security interest in the Equipment. Titled equipment will require a 1st lien position on the MSO and Title. Non-appropriation: The Lease shall provide for Lessee to terminate the agreement at the end of any fiscal period if insufficient funds are available to make the scheduled Rental Payments due in the following fiscal period. Escrow: Upon closing, funds shall be disbursed into an escrow account to be maintained by Commerce Trust as escrow agent. Upon final delivery and acceptance of all of the equipment, and receipt of Lessee's authorization to release funds, escrow agent shall disburse payment to the vendors. Terms, conditions, and procedures regarding escrow and escrow agreement are subject to mutual approval by Lessee and Lessor. It is intended that the interest earnings on un-disbursed funds shall accrue for the benefit of Lessee. An escrow account shall be established at Commerce Trust. There is a $250.00 fee for the escrow account. This fee is not applicable if an escrow account is not required. Commerce Trust does assess a cash management fee which is deducted from the Escrow Earnings. Net Lease: The lease shall be a net lease in all respects, and Lessee shall be responsible for all fees, charges, assessments or other costs and expenses of every nature whatsoever arising from the lease of the Equipment. Not a Commitment: The terms set forth herein reflect a proposed, preliminary structure and are subject to final credit approval by Clayton Holdings, LLC and the negotiation of mutually acceptable documentation. These terms are being provided to the Lessee with the understanding that neither the terms nor their substance shall constitute a definitive agreement or an exhaustive statement of all terms and conditions which may ultimately be included in a transaction among Lessee and Lessor. This is a proposal only and not a commitment to lend. Final approval and funding of the transaction is based on a formal credit review by Lessor, including final lease documentation acceptable to both Lessee and Lessor. This proposal is not intended to, and does not create, in any way, a legally binding or any other type of commitment or obligation on the part of Clayton Holdings, LLC, or any of its/their subsidiaries, and/or any of its/their employees. Information regarding this proposal, including the financial statements of Lessee necessary to complete the credit process, may be provided to third party funding sources in either written or electronic format. The representative shown below is “not” a Municipal advisor, financial advisor, agent or fiduciary to any person or entity. Clayton Holdings, LLC and its representatives are responding to an RFP issued by the Lessee. Lessee acknowledges that it is entitled to engage municipal advisory services should it elect to do so. Clayton Holdings, LLC is acting for its own loan account; this communication consists solely of general information under which Clayton Holdings, LLC may be willing to fund a loan. Thank you for the opportunity to offer this proposal. We appreciate your consideration and look forward to your favorable response. Should you have any questions, please do not hesitate to contact us. Respectfully submitted, Frank D. Hill Officer of Clayton Holdings, LLC Senior Vice President, Tax Exempt-Leasing & Finance Phone: 785-587-1541 frank.hill@commercebank.com 9/22/2017 12:45 PM Page 1Town of Avon, CO Trucks - Annual Compound Period:Annual Nominal Annual Rate:2.240% CASH FLOW DATA Event Date Amount Number Period End Date 1 Loan 11/24/2017 352,060.00 1 2 Payment 11/24/2018 54,900.44 7 Annual 11/24/2024 AMORTIZATION SCHEDULE - Normal Amortization, 360 Day Year Date Payment Interest Principal Balance Loan 11/24/2017 352,060.00 2017 Totals 0.00 0.00 0.00 1 11/24/2018 54,900.44 7,886.14 47,014.30 305,045.70 2018 Totals 54,900.44 7,886.14 47,014.30 2 11/24/2019 54,900.44 6,833.02 48,067.42 256,978.28 2019 Totals 54,900.44 6,833.02 48,067.42 3 11/24/2020 54,900.44 5,756.31 49,144.13 207,834.15 2020 Totals 54,900.44 5,756.31 49,144.13 4 11/24/2021 54,900.44 4,655.48 50,244.96 157,589.19 2021 Totals 54,900.44 4,655.48 50,244.96 5 11/24/2022 54,900.44 3,530.00 51,370.44 106,218.75 2022 Totals 54,900.44 3,530.00 51,370.44 6 11/24/2023 54,900.44 2,379.30 52,521.14 53,697.61 2023 Totals 54,900.44 2,379.30 52,521.14 7 11/24/2024 54,900.44 1,202.83 53,697.61 0.00 2024 Totals 54,900.44 1,202.83 53,697.61 Grand Totals 384,303.08 32,243.08 352,060.00 9/22/2017 12:46 PM Page 1Town of Avon, CO Trucks - Semiannual Compound Period:Semiannual Nominal Annual Rate:2.240% CASH FLOW DATA Event Date Amount Number Period End Date 1 Loan 11/24/2017 352,060.00 1 2 Payment 5/24/2018 27,310.46 14 Semiannual 11/24/2024 AMORTIZATION SCHEDULE - Normal Amortization, 360 Day Year Date Payment Interest Principal Balance Loan 11/24/2017 352,060.00 2017 Totals 0.00 0.00 0.00 1 5/24/2018 27,310.46 3,943.07 23,367.39 328,692.61 2 11/24/2018 27,310.46 3,681.36 23,629.10 305,063.51 2018 Totals 54,620.92 7,624.43 46,996.49 3 5/24/2019 27,310.46 3,416.71 23,893.75 281,169.76 4 11/24/2019 27,310.46 3,149.10 24,161.36 257,008.40 2019 Totals 54,620.92 6,565.81 48,055.11 5 5/24/2020 27,310.46 2,878.49 24,431.97 232,576.43 6 11/24/2020 27,310.46 2,604.86 24,705.60 207,870.83 2020 Totals 54,620.92 5,483.35 49,137.57 7 5/24/2021 27,310.46 2,328.15 24,982.31 182,888.52 8 11/24/2021 27,310.46 2,048.35 25,262.11 157,626.41 2021 Totals 54,620.92 4,376.50 50,244.42 9 5/24/2022 27,310.46 1,765.42 25,545.04 132,081.37 10 11/24/2022 27,310.46 1,479.31 25,831.15 106,250.22 2022 Totals 54,620.92 3,244.73 51,376.19 11 5/24/2023 27,310.46 1,190.00 26,120.46 80,129.76 12 11/24/2023 27,310.46 897.45 26,413.01 53,716.75 2023 Totals 54,620.92 2,087.45 52,533.47 13 5/24/2024 27,310.46 601.63 26,708.83 27,007.92 14 11/24/2024 27,310.46 302.54 27,007.92 0.00 2024 Totals 54,620.92 904.17 53,716.75 Grand Totals 382,346.44 30,286.44 352,060.00 9/22/2017 12:46 PM Page 2 Last interest amount increased by 0.05 due to rounding. Ordinance No. 17-15 Clayton Holdings LLC State & Municipal Lease/Purchase Agreement October 10, 2017 Page 1 of 4 TOWN OF AVON, COLORADO ORDINANCE NO. 17-15 SERIES OF 2017 AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF A STATE & MUNICIPAL LEASE/PURCHASE AGREEMENT DATED OCTOBER 5, 2017 BETWEEN THE TOWN OF AVON AND CLAYTON HOLDINGS LLC TO PURCHASE A LFIT TRUCK AND PLOW TRUCK PURSUANT TO SCHEDULE A OF SUCH AGREEMENT Whereas, Town of Avon (“Lessee”), a body politic and corporate duly organized and existing as a home rule authority municipal corporation and body politic organized under the laws of the State of Colorado, is authorized by the laws of the State of Colorado and by Section 14.9(a) of the Avon Home Rule Charter to purchase, acquire and lease personal property for the benefit of the Lessee and its inhabitants and to enter into leasehold agreements with respect thereto; and Whereas, the Lessee desires to purchase, acquire and lease a 2018 Kenworth T800H Snowplow Truck, and a Altec AT200A Lift Truck (“Equipment”) constituting personal property necessary for the Lessee to perform essential governmental functions; and Whereas, the Avon Town Council finds that Schedule C to the Clayton Holdings LLC State & Municipal Lease/Purchase Agreement (the “Agreement”) allows the Town to acquire the Equipment within a period not exceeding the useful life of the Equipment; and Whereas, the Avon Town Council, as the governing body of the Lessee, deems it for the benefit of the Lessee and for the efficient and effective administration thereof to enter into the Agreement for the purchase, acquisition and leasing of the Equipment therein described on the terms and conditions therein provided. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Approval of Documents. The Agreement and Exhibits as provided are hereby approved in substantially the form presented at this meeting, with such insertions, omissions and changes as shall be approved by the Mayor of the Town of Avon or other members of the governing body of the Town of Avon executing the same, the execution of such documents being conclusive evidence of such approval; and the Mayor of the Town of Avon is hereby authorized and directed to execute, and the Town Clerk of the Town of Avon is hereby authorized and directed to attest and countersign the Agreement and any related Exhibits attached thereto and to the respective parties thereto, and the Town Clerk of the Town of Avon is hereby authorized to affix the seal of the Town of Avon, as Lessee, to such documents. Capitalized terms in this Ordinance shall have the same meaning as defined in the Agreement unless such terms are otherwise defined in this Ordinance. Section 2. Other Actions Authorized. The officers and employees of the Lessee shall take Ordinance No. 17-15 Clayton Holdings LLC State & Municipal Lease/Purchase Agreement October 10, 2017 Page 2 of 4 all action necessary or reasonably required by the parties to carry out, give effect to and consummate the transactions contemplated thereby including execution and delivery of the following document and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and other documents required to be delivered in connection with the Agreement, including the following documents: (A) Property Description (B) Delivery and Acceptance Certificate (C) Rental Payments and Lease Term (D) Opinion of Counsel (E) Lessee Certification (F) Essential Use/Source of Funds letter (G) Proof of Insurance (H) ACH Payment Authorization Form (I) Disbursement Letter (J) Form 8038-G (K) Escrow Agreement and Exhibits Section 3. No General Liability. Nothing contained in this Ordinance, Agreement nor any other instrument shall be construed with respect to the Lessee as incurring a pecuniary liability or charge upon the general credit of the Lessee or against its taxing power, nor shall the breach of any agreement contained in this Ordinance, the Agreement, or any other instrument or document executed in connection therewith impose any pecuniary liability upon the Lessee or any charge upon its general credit or against its taxing power, except to the extent that the Lease Payments payable under Exhibit C of the Agreement are special limited obligations of the Lessee as provided in such Exhibit. Section 4. Appointment of Authorized Lessee Representatives. The Town Manager and Finance Director of the Lessee are each hereby designated to act as authorized representatives of the Lessee for purposes of Exhibit C until such time as the Town Council of the Town of Avon, as Lessee, shall designate any other or different authorized representative. Section 5. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and Ordinance No. 17-15 Clayton Holdings LLC State & Municipal Lease/Purchase Agreement October 10, 2017 Page 3 of 4 each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect thirty days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. Section 8. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [SIGNATURE PAGE FOLLOWS] Ordinance No. 17-15 Clayton Holdings LLC State & Municipal Lease/Purchase Agreement October 10, 2017 Page 4 of 4 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 on October 24, 2017 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on October 10, 2017. ____________________________ Jennie Fancher, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: ____________________________ ____________________________ Debbie Hoppe, Town Clerk Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on August 27, 2013. ____________________________ Jennie Fancher, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: __________________________ Debbie Hoppe, Town Clerk CLAYTON HOLDINGS, LLC STATE & MUNICIPAL LEASE/PURCHASE AGREEMENT Lease Number: 5000218-001 This State and Municipal Lease/Purchase Agreement (the "Lease") is made and entered into on this, the 5th day of October 2017 by and between Clayton Holdings, LLC with offices at 8000 Forsyth Boulevard, Suite 510, St. Louis, Missouri 63105 (herein called the "Lessor"), and Town of Avon, Colorado with its principal address at 1 Lake Street, Avon, CO 81620 (herein called the "Lessee"), wherein it is agreed as follows: 1. LEASE OF EQUIPMENT: Lessee hereby requests Lessor to acquire the equipment described in Schedule A attached hereto and made a part hereof. Subject to the terms and conditions hereof, Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor the equipment described in Schedule A, with all replacement parts, repairs, additions and accessories incorporated therein or affixed thereto (herein collectively called the "Equipment"). 2. DELIVERY AND ACCEPTANCE: Lessee agrees to order the Equipment from the supplier of such Equipment, but will not be liable for specific performance of this Lease or for damages if for any reason the supplier delays or fails to fill the order. Lessee will cause the Equipment to be delivered at the location specified in Schedule A (the "Equipment Location"). Lessee will pay all transportation and other costs, if any, incurred in connection with the delivery and installation of the Equipment. Any delay in such delivery will not affect the validity of this Lease. Lessee will accept the Equipment as soon as it has been delivered and is operational, or as soon as any manufacturer or vendor preacceptance test period has expired. Lessee will have no more than thirty (30) days from the date of delivery of the Equipment to accept such Equipment. In the event the Equipment is not accepted by Lessee within thirty (30) days from the date of its delivery, Lessor, at Lessor's sole option, will have the right to terminate this Lease. Lessee will evidence its acceptance of the Equipment by executing and delivering to Lessor a delivery and acceptance certificate in the form of Schedule B attached hereto and made a part hereof (the "Acceptance Certificate"). Lessee hereby authorizes the Lessor to add to this Lease and to any other description of the Equipment the serial number of each item of Equipment when available. 3. TERM: This Lease will become effective upon the execution hereof by Lessee and Lessor. The initial term of this Lease will commence on the earlier of the date Lessee executes the Acceptance Certificate or the date funds sufficient to purchase the Equipment are deposited with a bank or trust company in an escrow fund (the "Start Date") and will extend through the end of Lessee's fiscal year containing the Start Date. Unless earlier terminated as expressly provided for in this Lease, the term of this Lease will be automatically renewed on a year-to-year basis for the number of annual fiscal periods necessary to comprise the lease term as set forth in Schedule C attached hereto and made a part hereof (the "Lease Term"). 4. RENT: Lessee agrees to pay Lessor or any Assignee (as defined in Section 22 below), the rental payments for the Equipment as set forth in Schedule C (the "Rental Payments"). A portion of each Rental Payment is paid as and represents the payment of interest as set forth in Schedule C. The Rental Payments will be payable without notice or demand, at the office of Lessor (or such other place as Lessor or any Assignee may designate in writing, from time to time) and will commence on the Start Date or as otherwise set forth in Schedule C, and the remaining Rental Payments will be payable on the same day of each consecutive month or quarter or semiannual or annual period thereafter (as designated in Schedule C) for the duration of the Lease Term. Any notice, invoicing, purchase orders, quotations or other forms or procedures requested by Lessee in connection with payment will be fully explained and provided to Lessor or any Assignee sufficiently in advance of the payment due date for the completion thereof by Lessor or any Assignee prior to such payment date, but none of the foregoing will be a condition to Lessee's obligation to make any such payment. If Lessee fails to pay any monthly rental payment or any other sums under the Lease within ten (10) days when the same becomes due, Lessee shall pay to Lessor (in addition to and not in lieu of other rights of Lessor) a late charge equal to the greater of five (5%) percent of such delinquent amount or Twenty-Five Dollars ($25.00), but in any event not more than the maximum permitted by law. Such late charge shall be payable by Lessee upon demand by Lessor and shall be deemed rent hereunder. Lessee acknowledges and agrees that the late charge (i) does not constitute interest, (ii) is an estimate of the costs Lessor will incur as a result of the late payment and (iii) is reasonable in amount. Lessor and Lessee understand and intend that the obligation of Lessee to pay Rental Payments hereunder will constitute a current expense of Lessee and will not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by Lessee. EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 8 HEREOF, THE RENTAL PAYMENTS SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS AND WILL NOT BE SUBJECT TO ANY SETOFF, DEFENSE, COUNTERCLAIM, ABATEMENT OR RECOUPMENT FOR ANY REASON WHATSOEVER. Notwithstanding the foregoing, in the event that Lessee, by its use of the Equipment or by its actions or omissions or by any means whatsoever, causes any interest payments as set forth in Schedule C to be included in Lessor's gross income, Lessee agrees that the interest portion of the Rental Payments on Schedule C will be adjusted commencing with the first day of the next succeeding fiscal year of the Lessee, but only if this Lease is renewed for such fiscal year, and thereafter, so that Lessor, its Assignees and any participants with such, will be in the same after-tax position they would have been in had such payment been excluded from the gross income of Lessor, its Assignees and any participants with such under Section 103 of the Code. 5. AUTHORITY AND AUTHORIZATION: Lessee represents, warrants and covenants that (a) it will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its existence, and (ii) subject to Section 8 hereof, the Lease; (b) it has complied with all bidding and budgeting requirements where necessary and by due notification has presented this Lease for approval and adoption as a valid obligation on its part and that all requirements have been met and procedures have been followed to ensure the enforceability of the Lease; (c) it has sufficient appropriations or other funds available to pay all amounts due hereunder for the current fiscal year period; (d) no event has occurred and no condition exists which, upon the execution of this Lease or with notice or the passage of time or both, would constitute a default under any debt, revenue or purchase obligation which it has issued or to which it is a party (the "Obligation") nor has it been in default under any Obligation at any time during the past five (5) years, and (e) no lease, rental agreement or contract for purchase, to which Lessee has been a party, at any time during the past five (5) years, has been terminated by Lessee as a result of insufficient funds being appropriated in any fiscal period. 6. LESSEE CERTIFICATION: Lessee warrants and covenants that (i) it is a state, or a political subdivision thereof, within the meaning of Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), and the related regulations and rulings thereunder; (ii) subject to Section 8 hereof, Lessee's obligation under this Lease constitutes an enforceable obligation issued by or on behalf of a state, or political subdivision thereof, such that any interest income derived under this Lease and due Lessor or its Assignee, including, but not limited to, those amounts designated as interest in Schedule C, will not be includable in the gross income of Lessor, its Assignee or any participants with such for the purposes of federal income taxation; (iii) this Lease represents a valid deferred payment obligation of Lessee for the amount herein set forth; (iv) Lessee has the legal capacity to enter into this Lease and is not in contravention of any state, county, district, city or town statute, rule, regulation or other governmental provision; (v) during the Lease Term, the Equipment will not be used in a trade or business of any other person or entity; (vi) Lessee will complete and file on a timely basis, Internal Revenue Service form 8038G or 8038GC, as appropriate, in the manner set forth in Section 149(e) of the Code; and (vii) Lessee will not take any action or permit the omission of any action reasonably within its control which action or omission will cause the interest portion of any Rental Payment hereunder to be includable in gross income for federal income taxation purposes. 7. APPROPRIATIONS AND ESSENTIAL USE: Lessee reasonably believes that sufficient funds can be obtained to make all Rental Payments during the Lease Term. The responsible financial officer of Lessee will do all things lawfully within his or her power to obtain funds from which the Rental Payments, including any Rental Payments required by Section 4 hereof, may be made, including making provisions for such payments, to the extent necessary, in each proposed annual budget submitted for approval in accordance with applicable procedures of Lessee. Notwithstanding the foregoing, the decision whether or not to budget or appropriate funds or to extend this Lease for any subsequent annual fiscal period is solely within the discretion of the then current governing body of Lessee. It is Lessee's current intent to make the Rental Payments for the full Lease Term if funds are legally available therefore, and in that regard Lessee represents that (a) the use of the Equipment is essential to its proper, efficient, and economic functioning or to the services that it provides to its citizens; (b) Lessee has an immediate need for and expects to make immediate use of substantially all the Equipment, which need is not temporary or expected to diminish in the foreseeable future; and (c) the Equipment will be used by the Lessee only for the purpose of performing one or more of its governmental or proprietary functions consistent with the permissible scope of its authority. 8. NONAPPROPRIATION OF FUNDS: In the event no funds or insufficient funds are appropriated and budgeted or otherwise made available for Rental Payments, including any Rental Payments required by Section 4 hereof, for any fiscal period in which the Rental Payments for the Equipment are due under this Lease, then, without penalty, liability or expense to Lessee, this Lease will thereafter terminate and be rendered null and void on the last day of the fiscal period for which appropriations were made, except as to (i) the portions of the Rental Payments herein agreed upon for which funds have been appropriated and budgeted or are otherwise available and (ii) Lessee's other obligations and liabilities under this Lease relating to, accruing or arising prior to such termination. Lessee will, not less than sixty (60) days prior to the end of such applicable fiscal period, in writing, notify Lessor and any Assignee of such occurrence, but failure to give such notice will not prevent such termination. In the event of such termination, Lessee agrees to peaceably surrender possession of the Equipment to Lessor or its Assignee on the day of such termination, packed for shipment in accordance with manufacturer's specifications and eligible for manufacturer's maintenance, and freight prepaid and insured to any location in the continental United States designated by Lessor, all at Lessee's expense, Lessor or its Assignee may exercise all available legal and equitable rights and remedies in retaking possession of the Equipment. 9. EXCLUSION OF WARRANTIES; LIMITATIONS OF LIABILITY; DISCLAIMER OF CONSEQUENTIAL DAMAGES: LESSEE HAS SELECTED BOTH THE EQUIPMENT AND THE VENDOR(S) FROM WHOM LESSOR IS TO PURCHASE THE EQUIPMENT IN RELIANCE HEREON. LESSEE ACKNOWLEDGES AND AGREES THAT THE EQUIPMENT IS OF A SIZE, DESIGN AND CAPACITY SELECTED BY LESSEE, THAT LESSOR IS NOT A MANUFACTURER, VENDOR, DISTRIBUTOR OR LICENSOR OF SUCH EQUIPMENT, AND THAT LESSOR LEASES THE EQUIPMENT AS IS AND HAS NOT MADE, AND DOES NOT HEREBY MAKE, ANY REPRESENTATION, WARRANTY OR COVENANT, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANTABILITY, CONDITION, QUALITY, DURABILITY, DESIGN, OPERATION, FITNESS FOR USE, OR SUITABILITY OF THE EQUIPMENT IN ANY RESPECT WHATSOEVER OR IN CONNECTION WITH OR FOR THE PURPOSES AND USES OF LESSEE, OR ANY OTHER REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT THERETO INCLUDING ANY WARRANTIES OF TITLE OR AGAINST INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR PRACTICE, ALL OF WHICH ARE SPECIFICALLY DISCLAIMED BY LESSOR AND IN NO EVENT SHALL LESSOR BE OBLIGATED OR LIABLE FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF OR TO LESSEE OR ANY OTHER PERSON OR ENTITY ARISING OUT OF OR IN CONNECTION WITH THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO THE SALE, LEASE, USE, PERFORMANCE OR MAINTENANCE OF THE EQUIPMENT, INCLUDING INTERRUPTION OF SERVICE, LOSS OF DATA, LOSS OF REVENUE OR PROFIT, LOSS OF TIME OR BUSINESS, OR ANY SIMILAR LOSS, EVEN IF ANY SUCH PERSON IS ADVISED IN ADVANCE OF THE POSSIBILITY OR CERTAINTY OF SUCH DAMAGES AND EVEN IF LESSEE ASSERTS OR ESTABLISHES A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED IN THIS LEASE. Lessee acknowledges that neither the original vendor nor licensor of the Equipment (including the salespersons of any of them) is an agent of Lessor, nor are they authorized to waive or alter any terms of this Lease. Lessee hereby waives any claim (including any claim based on strict or absolute liability in tort) it might have against Lessor or any assignee of the Lessor for any loss, damage or expense caused by or with respect to the Equipment. Lessor hereby assigns to Lessee during the Lease Term, to the extent permitted by law, all manufacturer's warranties, if any, that it may have with respect to the Equipment, and Lessor authorizes Lessee to obtain the customary services furnished in connection with such warranties at Lessee's expense. Lessor authorizes Lessee, to the extent permitted by law, to enforce in its own name any warranty, representation or other claim enforceable against the manufacturer. Lessor assumes no responsibility for shipment, delivery, installation or maintenances, and all claims of Lessee with respect thereto, whether for delay, damage or otherwise, will be made against the manufacturer. Lessor, at its option, may provide in its purchase order that the manufacturer agrees that any of such claims may be made by Lessee directly against the manufacturer. The obligation of Lessee to pay the Rental Payments as defined in Section 4 will not be abated, impaired or reduced by reason of any claims of Lessee with respect to the Equipment, including but not limited to its condition, quality, workmanship, delivery, shipment, installation, defects or otherwise. 10. TITLE, SECURITY INTEREST: Title to the Equipment is deemed to be in Lessee so long as no Event of Default pursuant to section 19 below has occurred and/or this Lease has not been terminated pursuant to the provisions of Section 8 above. Upon the earlier of (i) termination of this Lease in accordance with Section 8 above or (ii) the occurrence of an Event of Default by Lessee pursuant to Section 19 below, title will immediately revert to Lessor free of any right, title or interest of Lessee unless Lessor elects otherwise. In order to secure all of Lessee's obligations hereunder, Lessee hereby (a) to the extent permitted by law, grants to Lessor a first and prior security interest in any and all rights, titles and interest of Lessee in the Lease, the Equipment and in all additions, attachments, accessions, accessories, replacements, improvements and substitutions thereto, now or hereafter acquired, together will all rents, issues, income, profits and proceeds thereof, including insurance proceeds; (b) agrees that financing statements evidencing such security interest may be filed; and (c) agrees to execute and deliver all certificates of title and other instruments necessary or appropriate to evidence and perfect such security interest. Lessee further agrees that the Uniform Commercial Code will apply as between the parties hereto and Assignees of Lessor. 11. PERSONAL PROPERTY: The Equipment is, and will remain, personal property and will not be deemed to be affixed or attached to real property or any building thereon. If requested by Lessor, Lessee will, at Lessee's expense, furnish to Lessor landlord or mortgagee waiver with respect to the Equipment. 12. USE; REPAIRS: Lessee will use the Equipment in a careful manner for the use contemplated by the manufacturer of the Equipment and will comply with all laws, ordinances, insurance policies and regulations relating to, and will pay all costs, claims, damages, fees and charges arising out of, its possession, use or maintenance. Lessee, at its sole costs and expense, will maintain the Equipment according to the manufacturer's recommended guidelines or the equivalent and meet any and all recertification requirements and will furnish proof of such maintenance, if requested by Lessor and will furnish all needed servicing and parts, which parts will become part of the Equipment. If the Equipment is such as is customarily covered by a maintenance agreement, Lessee will furnish Lessor with a maintenance agreement with a party satisfactory to Lessor. 13. ALTERATIONS: Lessee will not make any alterations, additions or improvements to the Equipment without Lessor's prior written consent, and any permitted alteration or attachment which cannot be readily removed without damaging the Equipment's originally intended function or value will become part of the Equipment. 14. LOCATION; INSPECTION: The Equipment will not be removed from, or if the Equipment consists of rolling stock, its permanent base will not be changed from the Equipment Location without Lessor's prior written consent, which consent will not be unreasonably withheld. Lessor will be entitled to enter upon the Equipment Location or elsewhere during reasonable business hours to inspect the Equipment or observe its use and operations. 15. LIENS AND TAXES: Lessee will keep the Equipment free and clear of all levies, liens and encumbrances except those created under this Lease. Lessee will pay, when due, all charges and taxes (federal, state and local) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, possession or use of the Equipment, excluding however, all taxes on or measured by Lessor's income. If Lessee fails to pay said charges and taxes when due, Lessor will have the right, but will not be obligated, to pay said charges and taxes. If Lessor pays any charges or taxes for which Lessee is responsible or liable under this Lease, Lessee will, upon demand, reimburse Lessor therefor. 16. RISK OF LOSS; DAMAGE; DESTRUCTION: Lessee assumes all risk of loss of or damage to the Equipment from any cause whatsoever, and no such loss of or damage to the Equipment will relieve Lessee of the obligation to make the Rental Payments or to perform any other obligation under this Lease. In the event of damage to any item of Equipment, Lessee will immediately place the same in good repair (the proceeds of any insurance recovery will be applied to the cost of such repair). If Lessor determines that any item of Equipment is lost, stolen, destroyed or damaged beyond repair, Lessee, at the option of Lessor, will (a) replace the same with like equipment in good repair; or (b) on the next Rental Payment date pay to Lessor (i) all amounts owed by Lessee under this Lease, including the Rental Payment due on such date, and (ii) an amount not less than the balance of the Rental Payments then remaining unpaid hereunder. In the event that Lessee is obligated to make such payment with respect to less than all of the Equipment, Lessor will provide Lessee with the pro rata amount of the Rental Payment and the balance of the Rental Payments then remaining unpaid hereunder, as applicable, to be made by Lessee with respect to the Equipment which has suffered the event of loss. 17. INSURANCE: Lessee will, at its expense, maintain at all times during the Lease Term (a) fire and extended coverage, public liability and property damage insurance with respect to the Equipment in such amounts, covering such risks, and with such insurers as will be satisfactory to Lessor. In no event will the insurance limits be less than the greater of (i) an amount equal to the balance of the Rental Payments then remaining for the Lease Term or (ii) any minimum required by any co-insurance provisions of such insurance, (b) liability insurance that protects Lessor from liability in all events in form and amount satisfactory to Lessor, and (c) workers' compensation coverage as required by the laws of the state in which Lessee is located. Each insurance policy required by clause (b) of the preceding sentence will name Lessee as an insured and Lessor or its assigns as an additional insured and loss payee, as appropriate, and each insurance policy required by the preceding sentence will contain a clause requiring the insurer to give Lessor or its Assignee at least thirty (30) days prior written notice of any alteration in the terms of such policy or the cancellation thereof. The proceeds of any such policies will be payable to Lessee and Lessor or its assigns, as their interest may appear. Upon acceptance of the Equipment and upon each insurance renewal date, Lessee will deliver to Lessor a certificate evidencing such insurance. In the event of any loss, damage, injury or accident involving the Equipment, Lessee will promptly provide Lessor with written notice hereof and make available to Lessor all information and documentation relating thereto. Notwithstanding the foregoing, with Lessor's prior written consent, Lessee may self-insure against any and all risks for which insurance is required. 18. INDEMNIFICATION: To the extent permitted by law, and solely from legally available funds, Lessee agrees to indemnify Lessor against, and hold Lessor, its Assignees, or any participants with such, harmless from, any and all claims, actions, proceedings, expenses, damages, liabilities or losses (including, but not limited to, attorneys' fees and court costs) arising in connection with the Equipment, including, but not limited to, its selection, purchase, delivery, possession, use, operation or return and the recovery of claims under insurance policies thereon. 19. EVENTS OF DEFAULT: The Term "Event of Default" as used in this Lease, means the occurrence of any one or more of the following events: (a) Lessee fails to make any Rental Payment (or any other payment) as it becomes due in accordance with the terms of this Lease, and any such failure continues for ten (10) days after the date thereof; (b) Lessee fails to perform or observe any other covenant, condition or agreement to be performed or observed by it hereunder and such failure is not cured within ten (10) days after written notice thereof by Lessor; (c) the discovery by Lessor that any statement, representation or warranty made by Lessee in this Lease or in any document delivered by Lessee pursuant hereto or in connection herewith is false, misleading or erroneous in any material respect; (d) Lessee becomes insolvent, is unable to pay its debts as they become due, makes an assignment for the benefit of creditors, applies or consents to the appointment of a receiver, trustee, conservator or liquidator of Lessee or of all or substantial part of its assets, a petition for relief is filed by Lessee under federal bankruptcy, insolvency or similar laws, or a petition in a proceeding under any bankruptcy, insolvency or similar laws, is filed against Lessee and is not dismissed within thirty (30) days thereafter; (e) Lessee suffers an adverse material change in its financial condition or operations from the date hereof and, as a result, Lessor deems itself insecure; or (f) Lessee is in default under any other agreement executed at any time with Lessor, its affiliates or Lessor's Assignee or under any other agreement or instrument by which it is bound. 20. REMEDIES: Upon the occurrence of an Event of Default, Lessor may, at its option, exercise any one or more of the following remedies: (a) by written notice to Lessee, declare an amount equal to all amounts then due under this Lease and all remaining Rental Payments which will become due during the then current fiscal year of Lessee to be immediately due and payable, whereupon the same will become immediately due and payable; (together with interest on such amount at the lesser of one and one-half (1 ½ %) percent per month or the maximum permitted by law from the date on which Lessor has declared this Lease to be in default; (b) by written notice to Lessee, request Lessee to (and Lessee agrees that it will), at Lessee's expense, promptly return the Equipment to Lessor in the manner set forth in Section 8 hereof, or Lessor, at its option, may enter upon the premises where the Equipment is located and take immediate possession of and remove the same without liability to Lessor or its agents for such entry or for damage to property or otherwise; (c) sell or lease the Equipment or sublease it for the account of Lessee, holding Lessee liable for (i) all Rental Payments and other payments due to the effective date of such selling, leasing or subleasing, and (ii) for the difference between the purchase price, rental and other amounts paid by the purchaser, lessee or sublessee pursuant to such sale, lease or sublease and the remaining amounts payable by the Lessee through the end of the then current fiscal year of Lessee hereunder; and (d) exercise any other right, remedy or privilege which may be available to it under applicable law, including the right to (i) proceed by appropriate court action to enforce the terms of this Lease, (ii) recover damages for the breach of this Lease, and (iii) rescind this Lease as to any or all of the Equipment. In addition, Lessee will remain liable for all covenants and indemnities under this Lease and for all legal fees and other costs and expenses, including court costs, incurred by Lessor with respect to the enforcement of any of the remedies listed above or any other remedy available to Lessor. 21. EARLY PURCHASE OPTION: Lessee may, upon sixty (60) days prior written notice to Lessor, and provided Lessee has fully paid and performed all other obligations hereunder and provided no Event of Default has occurred and is continuing, pay to Lessor the applicable amount set forth on Schedule C attached hereto, whereupon title to the Equipment will become unconditionally vested in Lessee, and Lessor will transfer any and all of its right, title and interest in the Equipment to Lessee as is, where is, without warranty, express or implied, except that Lessor will warrant to Lessee that the Equipment is free and clear of any liens created by Lessor. 22. ASSIGNMENT: Except as expressly provided herein, Lessee will not (a) assign, transfer, pledge, hypothecate or grant any security interest in, or otherwise dispose of, this Lease or the Equipment or any interest in this Lease or the Equipment or (b) sublet or lend the Equipment or permit the Equipment to be used by anyone other than Lessee or Lessee's employees unless Lessee obtains the prior written consent of Lessor and an opinion of nationally recognized counsel in the area of tax-exempt municipal obligations satisfactory to Lessor that such action will not adversely affect the exclusion of the interest portions of the Rental Payments from gross income for federal income tax purposes. Lessor, without the consent of Lessee, may assign all or any portion or portions of its right, title and interest in and to this Lease, the Equipment and any other documents executed with respect to this Lease, and/or grant or assign all or any portion or portions of its security interest in this Lease and the Equipment, in whole or in part to various assignees, their agents or trustees (each and any one hereinafter referred to as an "Assignee"). Any such assignment to an Assignee may provide that the Lessor or the Assignee will act as a collection and paying agent for owners of certificates of participation in this Lease, or may provide that a third-party trustee or agent will act as collection and paying agent for any Assignee, provided that any such trustee or agent will maintain registration books as a register of all persons who are owners of certificates of participation or other interest in Rental Payments and Lessee receives written notification of the name and address of the trustee or agent and a copy of the pooling and fractionalization agency or trustee agreement, if any. Any such Assignee will have all of the assigned rights of Lessor under this Lease. Subject to the foregoing, this Lease will inure to the benefit of and will be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. Any assignment or reassignment of any of Lessor's right, title or interest in this Lease or the Equipment will be effective upon receipt by Lessee of a duplicate original of the counterpart document by which the assignment or reassignment is made, disclosing the name and address of each such Assignee and, where applicable, to whom further payments hereunder should be made. During the Lease Term, Lessee covenants that it will keep a complete and accurate record of all assignments in form necessary to comply with Section 149(a) of the Code and the regulations, proposed or existing, from time to time promulgated thereunder. Lessee agrees to acknowledge in writing any assignments if so required. Lessee agrees that, upon notice of assignment, if so instructed it will pay directly to the Assignee, or its Trustee or Agent without abatement, deduction or setoff all amounts which become due hereunder. Lessee further agrees that it will not assert against any Assignee, Trustee or Agent any defense, claim, counterclaim or setoff on account of any reason whatsoever with respect to any Rental Payments or other amounts due hereunder or with respect to any action brought to obtain possession of the Equipment pursuant to this Lease. 23. FINANCIAL STATEMENTS: Each year during the term of this Lease, Lessee hereby agrees to deliver to Lessor a copy of: (i) annual audited financial statements within one hundred twenty (120) days of Lessee’s fiscal year-end; and (ii) within a reasonable period of time, any other financial information Lessor requests from time to time. 24. NATURE OF AGREEMENT: Lessor and Lessee agree that upon the due and punctual payment and performance of the installments of Rental Payments and other amounts and obligations under this Lease, title to the Equipment will vest permanently in Lessee as provided in this Lease, free and clear of any interest, lien or security of Lessor therein. 25. AMENDMENTS: This Lease may be amended or any of its terms modified for the purpose of adding Equipment, with the written consent of the parties hereto. In such event, additions to or additional Schedules attached hereto will be executed by Lessee. All other amendments or modifications of the terms of this Lease (except for the addition or serial numbers for the Equipment as set forth in the Acceptance Certificate) must be accomplished by written consent of Lessee and Lessor, or its Assignee, if any; provided, however, that no amendment of this Lease will operate to reduce or delay any Rental Payments to be made hereunder without the consent of Lessor, or its Assignee, at the time of such amendment. 26. NOTICES: All notices to be given under this Lease must be made in writing and mailed by certified mail to the other party at its address set forth herein or at such address as the party may provide in writing from time to time. Any such notice will be deemed to have been received five (5) days subsequent to mailing. 27. SECTION HEADINGS: All section headings contained herein are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Lease. 28. GOVERNING LAW: This Lease will be governed by the provisions hereof and by the laws of the State of Colorado. 29. FURTHER ASSURANCES: Lessee will deliver to Lessor (i) an opinion of counsel in substantially the form of Schedule D attached hereto or as Lessor may otherwise request; and (ii) if applicable, a certificate of a duly authorized official as to designation as a qualified tax-exempt obligation. Moreover, Lessee will execute or provide, as requested by Lessor, any documents and information that are reasonably necessary with respect to the transaction contemplated by this Lease. 30. ENTIRE AGREEMENT: This Lease, together with the Schedules attached hereto and made a part hereof and other attachments hereto and other documents or instruments executed by Lessee and Lessor in connection herewith, constitute the entire agreement between the parties with respect to the lease of the Equipment, and this Lease will not be modified, amended, altered or changed except with the written consent of Lessee or Lessor. 31. SEVERABILITY: Any provision of this Lease found to be prohibited by law will be ineffective to the extent of such prohibition without invalidating the remainder of this Lease. 32. WAIVER: The waiver by Lessor of any breach by Lessee of any term, covenant or condition, hereof will not operate as a waiver of any subsequent breach hereof. 33. CERTIFICATION AS TO ARBITRAGE: Lessee hereby represents as follows: (a) The estimated total costs of the Equipment will not be less than the total principal amount of the Rental Payments. (b) The Equipment has been ordered or is expected to be ordered within six months of the effective date of this Lease, and the Equipment is expected to be delivered and installed, and the Vendor fully paid, within one (1) year of the effective date of this Lease. (c) Lessee has not created or established, and does not expect to create or establish, any sinking fund or other similar fund (i) that is reasonably expected to be used to pay the Rental Payments, or (ii) that may be used solely to prevent a default in the payment of Rental Payments. (d) The Equipment has not been, and is not expected to be, sold or otherwise disposed of by Lessee, either in whole or in major part, prior to the final Rental Payment. (e) To the best of Lessee's knowledge, information and belief, the above expectations are reasonable. 34. ELECTRONIC TRANSACTIONS. The parties agree that the transaction described herein may be conducted and related documents may be stored by electronic means. Copies, telecopies, facsimiles, electronic files and other reproductions of original executed documents shall be deemed to be authentic and valid counterparts of such original documents for all purposes, including the filing of any claim, action or suit in the appropriate court of law. ORAL AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT, ARE NOT ENFORCEABLE. TO PROTECT YOU (LESSEE(S) AND US (LESSOR) FROM MISUNDERSTANDING OR DISAPPOINTMENT, ANY AGREEMENTS WE REACH COVERING SUCH MATTERS ARE CONTAINED IN THIS WRITING, WHICH IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US EXCEPT AS WE MAY LATER AGREE IN WRITING TO MODIFY IT. BY SIGNING BELOW, YOU AND WE AGREE THAT THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN US. Lesssor: Clayton Holdings, LLC Authorized Signature: _____________________________ Printed Name: ___________________________________ Title: __________________________________________ Date: __________________________________________ Lessee: Town of Avon, Colorado Authorized Signature: _____________________________ Printed Name: ___________________________________ Title: __________________________________________ Date: __________________________________________ EIN # 84-0771088 SCHEDULE A TO STATE & MUNICIPAL LEASE/PURCHASE AGREEMENT Lease No. 5000218-001 Description of Equipment Location of Equipment Street Address: Public Works Facility, 500 Swift Gulch Road City: Avon State: CO Zip Code: 81620 Lessee hereby certifies that the description of the property set forth above constitutes an accurate account of the Equipment as referred to in the Lease. Town of Avon, Colorado LESSEE: BY: X DATE: DESCRIPTION OF LEASED EQUIPMENT (Make. Kind. Model Number. Serial Number, Any other pertinent identification) One (1) 2018 Kenworth T800H Snowplow Truck $275,613.62 VIN: _________________________________ One (1) Altec AT200A Lift Truck, E350 Chassis with Altec Aluminum Body ILO F450 Chassis $80,204.00 VIN: _________________________________ TOTAL $355,817.62 SCHEDULE B TO STATE & MUNICIPAL LEASE/PURCHASE AGREEMENT Lease No. 5000218-001 DELIVERY AND ACCEPTANCE CERTIFICATE TO: Clayton Holdings, LLC Reference is made to the State and Municipal Lease/Purchase Agreement between the undersigned Town of Avon, Colorado ("Lessee"), and Clayton Holdings, LLC ("Lessor"), dated October 5, 2017 ("Lease") and to the Equipment as such term is defined therein. In connection therewith we are pleased to confirm to you the following: 1. All of the Equipment has been delivered to and received by the undersigned; all installation or otherwork necessary prior to the use thereof has been completed; said Equipment has been examined and/or tested and is in good operating order and condition and is in all respects satisfactory to the undersigned and as represented, and said Equipment has been accepted by the undersigned and complies with all terms of the Lease. Consequently, you are hereby authorized to pay for the Equipment in accordance with the terms of any purchase orders for the same. 2. In the future, in the event the Equipment fails to perform as expected or represented we will continue to honor the Lease in all respects and continue to make our rental and other payments thereunder in the normal course of business and we will look solely to the vendor, distributor or manufacturer for recourse. 3. We acknowledge that Lessor is neither the vendor nor manufacturer or distributor of the Equipment and has no control, knowledge or familiarity with the condition, capacity, functioning or other characteristics of the Equipment 4. The serial number for each item of Equipment which is set forth on Schedule A to the Lease is correct. This certificate will not be considered to alter, construe, or amend the terms of the Lease. LESSEE: Town of Avon, Colorado X DATE: Lessee: Town of Avon, Colorado Lessor: Clayton Holdings, LLC Lease Number: 5000218-001 Lease Term in Months: _____________________ Rental Periods _____________________ Capital Cost of Equipment: $355,817.62 Rental Payment Date Payment Amount Amount Credited to Interest Amount Credited to Capital Cost Outstanding Principal Balance LESSEE: TOWN OF AVON, COLORADO SIGNED BY: TITLE AND DATE: SCHEDULE C Interest, if any, accruing from the Start Date to the actual date of funding shall be retained by Lessor as additional consideration for entering into this Lease Purchase Agreement. In the event Lessee desires to prepay this lease, they may do so in whole, but not in part at a premium of the then current Outstanding Principal Balance, calculated as follows; 3% in year (1), 2% in year (2), and 1% in each year thereafter until maturity. There is no prepayment penalty if Lessee is using internally generated funds for prepayment.SAMPLEWN OF AVON, COLORAAVON, COLORA unding shall beding shall be his Lease Purchase Agreemense Purchase Agree do so in whole, but not in part so in whole, but not in par nd 1% in each year thereafter in each year thereafter ASASASASS SCHEDULE D TO STATE & MUNICIPAL LEASE/PURCHASE AGREEMENT Lease No. 5000218-001 OPINION OF COUNSEL (To be on Letterhead of Lessee's Counsel) [Date] Re: State and Municipal Lease/Purchase Agreement No. 5000218-001 dated October 5, 2017 (the "Lease"), between Clayton Holdings, LLC ("Lessor") and Town of Avon, Colorado ( "Lessee") Ladies and Gentlemen: As legal counsel to Lessee, I have examined (a) the Lease, which, among other things, provides for the sale to and purchase by the Lessee of the Equipment, (b) an executed counterpart of the ordinance or resolution of Lessee which, among other things, authorizes Lessee to execute the Lease and (c) such other opinions, documents and matters of law as I have deemed necessary in connection with the following opinions. Based on the foregoing, I am of the following opinions: 1. Lessee is a public body corporate and politic, duly organized and existing under the laws of the State, and has a substantial amount of one or more of the following sovereign powers: (a) the power to tax, (b) the power of eminent domain, and (c) police power. 2. Lessee has the requisite power and authority to purchase the Equipment and to execute and deliver the Lease and to perform its obligations under the Lease. 3. The Lease and the other documents either attached thereto or required therein have been duly authorized, approved and executed by and on behalf of Lessee, and the Lease is a valid and binding obligation of Lessee enforceable in accordance with its terms. 4. The authorization, approval and execution of the Lease and all other proceedings of Lessee relating to the transactions contemplated thereby have been performed in accordance with all open meeting laws, public bidding laws and all other applicable state and federal laws. 5. There is no proceeding pending or threatened in any court or before any governmental authority or arbitration board or tribunal that, if adversely determined, would adversely affect the transactions contemplated by the Lease or the security interest of Lessor or its assigns, as the case may be, in the Equipment. Furthermore, I confirm that the name of the Lessee as stated in the Lease, as Town of Avon, Colorado is the exact legal name of the Lessee for all purposes contemplated herein. All capitalized terms herein shall have the same meanings as in the Lease. Lessor, its successors and assigns and any counsel rendering an opinion on the tax-exempt status of the interest components of Rental Payments are entitled to rely on this opinion. Very truly yours, SCHEDULE E TO STATE & MUNICIPAL LEASE/PURCHASE AGREEMENT Lease No. 5000218-001 I, ______________________________ , do hereby certify that I am the duly elected, or appointed and acting Secretary/Clerk of the Town of Avon, Colorado, an agency duly organized and existing under the laws of the State of Colorado (the "Lessee"), and that the following resolutions have been presented to and duly adopted by the ________________at a meeting duly and regularly held and convened in accordance with applicable law on the day of _____________________________, 20____. WHEREAS, the Lessee is entering a State and Municipal Lease/Purchase Agreement ("Lease") dated October 5, 2017, with Clayton Holdings, LLC; WHEREAS, Lessee has carefully reviewed its financing requirements for the current calendar year and reasonably expects that it will not issue more than ten million dollars ($10,000,000) of tax-exempt obligations during the calendar year; NOW, THEREFORE, be it RESOLVED, that the Lessee be, and hereby is, authorized to enter into the Lease with Clayton Holdings, LLC for a period of ____ months, and be it further RESOLVED, that the following officials of the Lessee be, and hereby are, authorized, empowered and directed to sign on its behalf the Lease and any addenda, schedules, notes, UCC financing statements or other instruments issued under the provision of the Lease and any other instrument or document which may be necessary or expedient in connection with agreement upon or fulfillment of the provisions of the Lease. Title Printed Name Signature ____________ _____________ _____________________ ____________ _____________ _____________________ RESOLVED, that pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended, this Lease be and hereby Is designated a "qualified tax-exempt obligation" includable within the ten million dollars ($10,000,000) of the aggregate issues designated as "qualified tax-exempt obligations" for the calendar year within which this Lease is entered into. RESOLVED, that Lessee shall not designate more than ten million dollars ($10,000,000) of tax-exempt obligations during the current calendar year as qualified tax-exempt obligations and Lessee, together with its subordinate entities, does not reasonably expect to issue more than ten million dollars ($10,000,000) of tax-exempt obligations during the current calendar year. IN WITNESS WHEREOF, I have duly executed this certificate and affixed the seal hereto this day____ of _________, 2017. LESSEE: Town of Avon, Colorado BY: X STATE & MUNICIPAL LEASE/PURCHASE AGREEMENT Lease No. 5000218-001 ESSENTIAL USE/SOURCE OF FUNDS LETTER October 5, 2017 Clayton Holdings, LLC 8000 Forsyth Boulevard St. Louis, Missouri 63105 Re: State and Municipal Lease/Purchase Agreement No. 5000218-001, dated October 5, 2017 (the "Lease"), between Clayton Holdings, LLC ("Lessor") and Town of Avon, Colorado ("Lessee") Ladies and Gentlemen: This confirms and affirms that the Equipment described in the Lease is essential to the function of the undersigned or to the service we provide to our citizens. Further, we have an immediate need for, and expect to make immediate use of, substantially all such Equipment, which need is not temporary or expected to diminish in the foreseeable future. Such Equipment will be used by us only for the purpose of performing one or more of our governmental or proprietary functions consistent with the permissible scope of our authority. Specifically, such Equipment was selected by us to be used as follows: ____________________________________________________________ _______________________________________________________________________________________________________ The estimated useful life of such Equipment based upon manufacturer's representations and our projected needs is ___________ years. Our source of funds for payments of the Rental Payments due under the Lease for the current fiscal year is ___________________. We currently expect and anticipate adequate funds to be available for all future payments of rent due after the current fiscal year for the following reasons: ________________________________________________________________________________________________________ Very truly yours, LESSEE: Town of Avon, Colorado BY: X DATE: Proof of Insurance Insurance Agent Name: Agency Name: Address: Phone Number: E-Mail: Ladies and Gentlemen: Please add Clayton Holdings, LLC, as both sole loss payee under property insurance covering the equipment listed on attached Schedule A and additional insured under the general liability insurance policy. The minimum liability coverage is $5,000,000.00 if any part of the Equipment constitutes a motor vehicle and $1,000,000 if the Equipment constitutes other than motor vehicles. Please mail or fax an insurance certificate to: Clayton Holdings, LLC P.O. Box 11309 St. Louis, MO 63105 Fax # 314-746-3744 Please note that the Bank requires 30 day written notice of cancellation of the policy covering leased equipment. LESSEE: Town of Avon, Colorado By: Title: ACH Payment Authorization Form Lease No. / Loan No: 5000218-001 Lessee / Borrower: Town of Avon, Colorado I authorize Commerce Bank (“Commerce”) to initiate debit entries and to initiate, if necessary, credit entries and adjustments for any debit entries in error on behalf of CBI Equipment Finance, Clayton Holdings or Commerce Bank as lender or lessor in the amount shown, and from the checking or savings account with the depository institution (“Bank”) named below, on the payment due date. Bank Name: Address: ABA Routing No.: Account No.: (X) Checking ( ) Savings This is a (X) New or ( ) Updated authorization form. [Monthly/Quarterly/Semi-Annual/Annual] Debit Amount(s): $[ ] Begin Auto Debit with Invoice Date Due: [ ] The final or balloon payment, if different from the [Monthly/Quarterly/Semi-Annual/Annual] payment, will not be auto debited. I understand that this authorization will remain in full force and effect until I notify COMMERCE BANK at the address or phone number below that I wish to revoke this authorization. I understand that COMMERCE BANK requires at least 5 days prior notice in order to process any such cancellation. X X Borrower / Lessee Signature Date Note that there is NO charge for this service. Also, your “Bank” need not be Commerce Bank to benefit from this feature. Any bank account can be auto debited. To commence service please return this form with your document package or send this signed form and a voided check (unless COMMERCE BANK is already currently debiting this same account for another lease schedule) to: COMMERCE BANK P.O. Box 11309 Clayton, MO 63105 or LeasingACH@Commercebank.com To discontinue or amend service, please email the request to the address above or call COMMERCE BANK at 314.746.3726. DISBURSEMENT LETTER Date: November 27, 2017 To: Clayton Holdings, LLC 8000 Forsyth Boulevard, Suite 510 St. Louis, MO 63105 RE: Town of Avon, Colorado Lease Number: 5000218-001 Ladies and Gentlemen: Please disburse the proceeds of the above lease as follows: Wire or send to PAYEE Commerce Bank Escrow Account $355,817.62 Total Disbursement $355,817.62 Sincerely, LESSEE: Town of Avon, Colorado DATE: _________________________________________________________________________________________________ X BY: TITLE: SAMPLMPLEEEEEEEEEEEEELLELELEEEELLLELELEEEELLLLELELEEEPPLPLPLLLLPPPLPLPLLLLPLPPPPPPMMMPMPMPPPPMMMMMMMMMPMPMPMPMPMPPPPMAMAAAMAMAMAMAMAMAMAMMMMMMMMMMMAMAAAAAAAMAMMMMMMMMAMMASASSASASASASASASASAAAAAAAAAASSSSSSASASASASAAASSSSSSSSASASASASASASASASAAAAASSSSSSSASASASASASASASASASASAAASSSSSSSSSAMSSSSSSSSSSSSAAMAMAMAMAMAMAMAMAM SAMPLPLEEEEEEEEEEEEEEEEEELLLELELELELELELELELELEEEEEELLLLLLELELELELELELELEEEEEEEELLLLLLLLELELELELEEEEPLPLPLMMMPMPMPMPMPMPMPMPMPMPPPPPPPPPPPMMMMMMMPMPMPMPMPMPMPMPMPMPPPPPPPPPPPMMMMMMMMMAMAAAAMAMMMMMAAAMAMAAAAMAMAMAMAMAMAMAMAMAMAMAMMMMMMASAAAAASSSASASASASASASASASAAAAAAAAAAA Lease No. 5000218-001 8038-G QUESTIONNAIRE Name of Lessee: Town of Avon, Colorado Address of Lessee: 1 Lake Street, Avon, CO 81620 Contact Person: Judy Popeck, Accounting Assistant Telephone Number: 970.748.4003 Email Address: jpopeck@avon.org Lessee's FEIN: 84-0771088 GENERAL In September 2011, the Internal Revenue Service (“IRS”) updated Form 8038-G (the form used by Lessees to report the issuance of a tax-exempt obligation). The revised Form 8038-G asks specific questions about written procedures to: (1) monitor private use of assets financed with proceeds of a tax-exempt obligation and, as necessary, to take remedial actions to correct any violations of federal tax restrictions on the use of financed assets; and (2) monitor the yield on the investment of gross proceeds of tax-exempt obligations and, as necessary, make payments of arbitrage rebate earned to the United States. In addition, the revised Form 8038- G asks Lessees to report whether any proceeds will be used to reimburse the Lessee for an expenditure paid prior to issuance. This questionnaire is designed to obtain the information necessary to complete Form 8038-G for the Lease. Lessee will be required to review and approve the information entered prior to signing the 8038- G form. At this time, the consequences of not having adopted written procedures to monitor private use of financed assets and yield on the investment of gross proceeds of tax-exempt obligations are unknown. If you have further questions, please consult your regular bond or legal counsel. Part 1 – Written Tax Compliance Procedures Note: If either of these questions is not answered, we will assume the Lessee has not adopted the described procedures. 1. Has the Lessee established written procedures to monitor compliance with federal tax restrictions for the term of the lease? The written procedures should identify a particular individual within Lessee’s organization to monitor compliance with the federal tax requirements related to use of the financed assets and describe actions to be taken in the event failure to comply with federal tax restrictions is contemplated or discovered. Yes ___ No ___ 2. Has the Lessee established written procedures to monitor the yield on the investment of proceeds of the Lease on deposit in an escrow account or similar fund prior to being spent and to ensure that any positive arbitrage rebate earned is paid to the United States? Yes ___ No ___ Part 2 – Reimbursement of Prior Expenditures 1. As of the funding date, were any of the proceeds of the Lease used to reimburse Lessee for expenditures paid to acquire the financed assets prior to the funding date of the Lease? Yes ___ No ___ If yes, please attach a spreadsheet listing the expenditure(s) together with the date paid, vendor paid and purpose of the expenditure or other proof of the expenditure(s) containing this information (i.e. invoices, receipts, cancelled checks). Items 2 and 3 need to be completed ONLY if the answer to item 1 above is YES. 2. Please attach a copy of Lessee’s resolution of intent to finance the financed assets, which includes date of adoption. 3. What is the amount of proceeds of the Lease reimbursed to Lessee? $_____________________ BY: NAME: TITLE: DATE: ESCROW AGREEMENT This Escrow Agreement (the “Escrow Agreement”), dated as of October 5, 2017, and entered into among CLAYTON HOLDINGS, LLC, a Missouri banking corporation (together with its successors and assigns, “Lessor”), TOWN OF AVON, COLORADO, schools and political subdivision existing under the laws of Missouri (“Lessee”), and COMMERCE BANK, a Missouri banking corporation, as escrow agent (together with its successors and assigns, the “Escrow Agent”). Name of Acquisition Fund: “Avon CH Sch 001” Amount of Deposit into the Acquisition Fund: $355,817.62 TERMS AND CONDITIONS 1. This Escrow Agreement relates to and is hereby made a part of the State and Municipal Lease/Purchase Agreement dated as of October 5, 2017, (the “Lease”), between Lessor and Lessee. 2. Except as otherwise defined herein, all terms defined in the Lease shall have the same meaning for the purposes of this Escrow Agreement as in the Lease. 3. Lessor, Lessee and the Escrow Agent agree that the Escrow Agent will act as sole Escrow Agent under the Lease and this Escrow Agreement, in accordance with the terms and conditions set forth in this Escrow Agreement. The Escrow Agent shall not be deemed to be a party to the Lease, and this Escrow Agreement shall be deemed to constitute the entire agreement between Lessor and Lessee and the Escrow Agent. 4. There is hereby established in the custody of the Escrow Agent a special trust fund designated as set forth above (the “Acquisition Fund”) to be held and administered by the Escrow Agent in trust for the benefit of Lessor and Lessee in accordance with this Escrow Agreement. 5. Lessor shall deposit in the Acquisition Fund the amount specified above. Moneys held by the Escrow Agent hereunder shall be invested and reinvested by the Escrow Agent upon written order of an authorized Lessee representative, in accordance with the Arbitrage Instructions attached as Exhibit A, in Qualified Investments (as defined below) maturing or subject to redemption at the option of the holder thereof prior to the date on which it is expected that such funds will be needed. If an Authorized Lessee Representative fails to timely direct the investment of any moneys held hereunder, the Escrow Agent shall invest and reinvest such moneys in Qualified Investments described in 6(vi) below. Such investments shall be held by the Escrow Agent in the Acquisition Fund; any interest and gain earned on such investments shall be deposited in the Acquisition Fund, and any losses on such investments shall be charged to the Acquisition Fund. The Escrow Agent may act as purchaser or agent in the making or disposing of any investment. Qualified Investments described in 6(vi) below will be subject to an annualized sweep fee charged monthly to the earnings on monies invested. 6. “Qualified Investments” means, to the extent the same are at the time legal for investment of the funds being invested: (i) direct general obligations of the United States of America; (ii) obligations the timely payment of principal of and interest on which is fully and unconditionally guaranteed by the United States of America; (iii) general obligations of the agencies and instrumentalities of the United States of America acceptable to Lessor; (iv) certificates of deposit, time deposits or demand deposits with any bank or savings institution including the Escrow Agent or any affiliate thereof, provided that such -2- certificates of deposit, time deposits or demand deposits, if not insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, are fully secured by obligations described in (i), (ii) or (iii) above; or (v) repurchase agreements with any state or national bank or trust company, including the Escrow Agent or any affiliate thereof, that are secured by obligations of the type described in (i), (ii) or (iii) above, provided that such collateral is free and clear of claims of third parties and that the Escrow Agent or a third party acting solely as agent for the Escrow Agent has possession of such collateral and a perfected first security interest in such collateral; or (vi) money market mutual funds that are invested in securities described in (i), (ii) or (iii) and that are rated “Aaa” by Moody's Investors Service or “AAAm-G” by Standard & Poor's Ratings Services or the comparable rating by Fitch IBCA, Inc. 7. Moneys in the Acquisition Fund shall be used to pay for the cost of acquisition of the Equipment listed in the Lease. Such payment shall be made from the Acquisition Fund upon presentation to the Escrow Agent of one or more properly executed Payment Request and Acceptance Certificates, a form of which is attached as Exhibit B, executed by Lessee and approved by Lessor, together with an invoice for the cost of the acquisition of said Equipment and a written approval by Lessor of the Vendor be paid. In making any disbursement pursuant to this Section 7, the Escrow Agent may conclusively rely as to the completeness and accuracy of all statements in such Payment Request and Acceptance Certificate, and the Escrow Agent shall not be required to make any inquiry, inspection or investigation in connection therewith. The approval of each Payment Request and Acceptance Certificate by the Lessor shall constitute unto the Escrow Agent an irrevocable determination by the Lessor that all conditions precedent to the payment of the amounts set forth therein have been completed. 8. The Acquisition Fund shall terminate upon the occurrence of the earlier of (a) the presentation of a proper Payment Request and Acceptance Certificate and the Final Acceptance Certificate, a form of which is attached as Exhibit C, properly executed by Lessee, or (b) the presentation of written notification by the Lessor, or, if the Lessor shall have assigned its interest under the Lease, then the assignees or subassignees of all of Lessor's interest under the Lease or an Agent on their behalf, that the Lease has been terminated pursuant to Section 8 or 20 of the Lease. Upon termination as described in clause (a) of this paragraph, any amount remaining in the Acquisition Fund shall be used to prepay the principal portion of Rental Payments unless Lessor directs that payment of such amount be made in such other manner directed by Lessor that, in the opinion of nationally recognized counsel in the area of tax-exempt municipal obligations satisfactory to Lessor, will not adversely affect the exclusion of the interest components of Rental Payments from gross income for federal income tax purposes. If any such amount is used to prepay principal, the Rental Payment Schedule attached to the Lease shall be revised accordingly as specified by Lessor. Upon termination as described in clause (b) of this paragraph, any amount remaining in the Acquisition Fund shall immediately be paid to Lessor or to any assignees or subassignees of Lessor interest in this Lease. 9. The Escrow Agent may at any time resign by giving at least 30 days written notice to Lessee and Lessor, but such resignation shall not take effect until the appointment of a successor Escrow Agent. The substitution of another bank or trust company to act as Escrow Agent under this Escrow Agreement may occur by written agreement of Lessor and Lessee. In addition, the Escrow Agent may be removed at any time, with or without cause, by an instrument in writing executed by Lessor and Lessee. In the event of any resignation or removal of the Escrow Agent, a successor Escrow Agent shall be appointed by an instrument in writing executed by Lessor and Lessee. Such successor Escrow Agent shall indicate its acceptance of such appointment by an instrument in writing delivered to Lessor, Lessee and the predecessor Escrow Agent. Thereupon such successor Escrow Agent shall, without any further act or deed, be fully vested with all the trusts, powers, rights, duties and obligations of the Escrow Agent -3- under this Escrow Agreement and the predecessor Escrow Agent shall deliver all moneys and securities held by it under this Escrow Agreement to such successor Escrow Agent whereupon the duties and obligations of the predecessor Escrow Agent shall cease and terminate. If a successor Escrow Agent has not been so appointed with 90 days of such resignation or removal, the Escrow Agent may petition a court of competent jurisdiction to have a successor Escrow Agent appointed. 10. Any corporation or association into which the Escrow Agent may be merged or converted or with or into which it may be consolidated, or to which it may sell or transfer its corporate trust business and assets as a whole or substantially as a whole, or any corporation or association resulting from any merger, conversion, sale, consolidation or transfer to which it is a party, shall be and become successor Escrow Agent hereunder and shall be vested with all the trusts, powers, rights, obligations, duties, remedies, immunities and privileges hereunder as was its predecessor, without the execution or filing of any instrument or any further act on the part of any of the parties hereto. 11. The Escrow Agent incurs no responsibility to make any disbursements pursuant to the Escrow Agreement except from funds held in the Acquisition Fund. The Escrow Agent makes no representations or warranties as to the title to any Equipment listed in the Lease or as to the performance of any obligations of Lessor or Lessee. 12. The Escrow Agent may act in reliance upon any writing or instrument or signature which it, in good faith, believes to be genuine, may assume the validity and accuracy of any statement or assertion contained in such a writing or instrument, and may assume that any person purporting to give any writing, notice, advice or instructions in connection with the provisions hereof has been duly authorized to do so. The Escrow Agent shall not be liable in any manner for the sufficiency or correctness as to form, manner and execution, or validity of this Escrow Agreement other than its own execution thereof or any instrument deposited with it, nor as to the identity, authority or right of any person executing the same; and its duties hereunder shall be limited to those specifically provided herein. 13. Unless the Escrow Agent is guilty of negligence or willful misconduct with regard to its duties hereunder, Lessee, to the extent permitted by law, and Lessor jointly and severally hereby agree to indemnify the Escrow Agent and hold it harmless from any and all claims, liabilities, losses, actions, suits or proceedings at law or in equity, or any other expense, fees or charges of any character or nature, which it may incur or with which it may be threatened by reason of its acting as Escrow Agent under this Escrow Agreement; and in connection therewith, to indemnify the Escrow Agent against any and all expenses, including reasonable attorneys' fees and the cost of defending any action, suit or proceeding or resisting any claim. 14. The aggregate amount of the costs, fees, and expenses of the Escrow Agent in connection with the creation of the escrow described in and created by this Escrow Agreement and in carrying out any of the duties, terms or provisions of this Escrow Agreement is a one-time fee in the amount of $250.00 to be paid by Lessee concurrently with the execution and delivery of this Escrow Agreement. Notwithstanding the preceding paragraph, the Escrow Agent shall be entitled to reimbursement from Lessor of reasonable out-of-pocket, legal or extraordinary expenses incurred in carrying out the duties, terms or provisions of this Escrow Agreement. Claims for such reimbursement may be made to Lessor and in no event shall such reimbursement be made from funds held by the Escrow Agent pursuant to this Escrow Agreement. The Escrow Agent agrees that it will not assert any lien whatsoever on any of the money or Qualified Investments on deposit in the Escrow Fund for the payment of fees and expenses for services rendered by the Escrow Agent under this Escrow Agreement or otherwise. -4- 15. If Lessee, Lessor or the Escrow Agent shall be in disagreement about the interpretation of the Lease or this Escrow Agreement, or about the rights and obligations, or the propriety of any action contemplated by the Escrow Agent hereunder, the Escrow Agent may, but shall not be required to, file an appropriate civil action to resolve the disagreement. The Escrow Agent shall be indemnified by Lessor and Lessee, to the extent permitted by law, for all costs, including reasonable attorneys' fees and expenses, in connection with such civil action, and shall be fully protected in suspending all or part of its activities under this Escrow Agreement until a final judgment in such action is received. 16. The Escrow Agent may consult with counsel of its own choice and shall have full and complete authorization and protection for any action or non-action taken by the Escrow Agent in accordance with the opinion of such counsel. The Escrow Agent shall otherwise not be liable for any mistakes of facts or errors of judgment, or for any acts or omissions of any kind unless caused by its negligence or willful misconduct. 17. This Escrow Agreement shall be governed by and construed in accordance with the laws of the state in which the Escrow Agent is located. 18. In the event any provision of this Escrow Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 19. This Escrow Agreement may not be amended except by a written instrument executed by Lessor, Lessee and the Escrow Agent. 20. This Escrow Agreement may be executed in several counterparts, each of which so executed shall be an original. -5- IN WITNESS WHEREOF, Lessor, Lessee and the Escrow Agent have caused this Escrow Agreement to be executed by their duly authorized representatives. CLAYTON HOLDINGS, LLC LESSOR By: Title: TOWN OF AVON, COLORADO LESSEE By: Title: COMMERCE BANK ESCROW AGENT By: Title: EXHIBIT A ARBITRAGE INSTRUCTIONS These Arbitrage Instructions provide procedures for complying with § 148 of the Internal Revenue Code of 1986, as amended (the “Code”), in order to preserve the exclusion from federal gross income of the interest portions of the Rental Payments under the Lease. 1. Temporary Period/Yield Restriction. Except as described in this paragraph, money in the Acquisition Fund must not be invested at a yield greater than the yield on the Lease. Proceeds of the Lease in the Acquisition Fund and investment earnings on such proceeds may be invested without yield restriction for three years after the Start Date of the Lease. If any unspent proceeds remain in the Acquisition Fund after three years, such amounts may continue to be invested without yield restriction so long as Lessee pays to the IRS all yield reduction payments under § 1.148-5(c) of the Treasury Regulations. 2. Opinion of Bond Counsel. These Arbitrage Instructions may be modified or amended in whole or in part upon receipt of an opinion of nationally recognized counsel in the area of tax-exempt municipal obligations, satisfactory to Lessor, that such modifications and amendments will not adversely affect the exclusion of the interest components of Rental Payments from gross income for federal income tax purposes. -1 EXHIBIT B FORM OF PAYMENT REQUEST AND ACCEPTANCE CERTIFICATE To: COMMERCE BANK, Escrow Agent and Lessor 8000 Forsyth Blvd. St. Louis, Missouri 63105 Re: Avon CH Sch 001 Acquisition Fund established by the Escrow Agreement, dated as of October 5, 2017 (the “Escrow Agreement”) among Clayton Holdings, LLC, as lessor (“Lessor”), Town of Avon, Colorado (“Lessee”) and Commerce Bank, as Escrow Agent (the “Escrow Agent”) Ladies and Gentlemen: The Escrow Agent is hereby requested to pay from the Acquisition Fund to the person or corporation designated below as Payee, the sum set forth below in payment of a portion or all of the cost of the acquisition of the equipment or the interest portions of Rental Payment(s) described below. The amount shown below is due and payable under the invoice of the Payee attached hereto with respect to the cost of the acquisition of the equipment or payment of the interest portions of Rental Payment(s) and has not formed the basis of any prior request for payment. The equipment described below is part or all of the “Equipment” that is listed in State and Municipal Lease/Purchase Agreement dated as of October 5, 2017 (the “Lease”) described in the Escrow Agreement. Equipment: Payee: Amount: $ Lessee hereby certifies and represents to and agrees with Lessor and the Escrow Agent as follows: (1) The Equipment described above (a) has been delivered, installed and accepted on the date hereof, or (b) the amount requested is a down payment currently due on said Equipment. (2) If (1)(a) is applicable, Lessee has conducted such inspection and/or testing of said Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts said Equipment for all purposes. (3) If (1)(a) is applicable, Lessee is currently maintaining the insurance coverage required by Section 17 of the Lease. -2 Lessee hereby certifies and represents to Lessor and the Escrow Agent that no event or condition that constitutes, or with notice or lapse of time or both would constitute, an Event of Default (as such term is defined in the Lease) exists at the date hereof. Dated: _____________________, 20____. TOWN OF AVON, COLORADO LESSEE By: ___________________________________ Title: APPROVED: CLAYTON HOLDINGS, LLC LESSOR By: Title: EXHIBIT C FINAL ACCEPTANCE CERTIFICATE [THIS CERTIFICATE IS TO BE EXECUTED ONLY WHEN ALL EQUIPMENT HAS BEEN ACCEPTED] The undersigned hereby certifies that the equipment described above, together with the equipment described in and accepted by Payment Request and Acceptance Certificates previously filed by Lessee with the Escrow Agent and Lessor pursuant to the Escrow Agreement, constitutes all of the Equipment subject to the Lease. Dated: ____________________ TOWN OF AVON, COLORADO LESSEE By: Title:         TOWN COUNCIL REPORT  To:   Honorable Mayor Jennie Fancher and Avon Town Council  From:    Preston Neill, Deputy Town Manager  Date:    October 10, 2017  Topic:     RESOLUTION 17‐21 IN SUPPORT OF EAGLE COUNTY’S BALLOT QUESTIONS 1A    ACTION BEFORE COUNCIL:  Council is asked to discuss and take action on Resoluti0n 17‐21 in Support of Eagle County’s Ballot  Question 1A.     RECOMMENDED MOTION:  “I move to approve Resolution 17‐21, in Support of Eagle County’s Ballot Question 1A.”    SUMMARY:  Kathy Chandler Henry, Eagle County Commissioner, attended the September 26, 2017, Council meeting  to present information about Eagle County’s November 7th Marijuana Ballot Initiative, also known as  Ballot Question 1A. At that meeting, Council provided direction to staff to prepare a resolution  supporting the ballot initiative.     ATTACHMENT:  Resolution 17‐21              RESOLUTION 17-21 IN SUPPORT OF EAGLE COUNTY’S BALLOT QUESTION 1A WHEREAS, the elected Board of County Commissioners of Eagle County, Colorado, has referred a ballot question to the voters in Eagle County authorizing the levy of both a sales and excise tax of up to 5% on the sale and cultivation of retail marijuana for the purpose of funding mental health, substance abuse services and other community needs; and WHEREAS, the Avon Town Council recognizes the essential need for mental health, substance abuse services and other community needs, and the need to fund these needs; and WHEREAS, the Avon Town Council believes it to be in the best interest of the citizens of the Town of Avon to support this ballot proposal, numbered 1A, and urge voters to cast an affirmative YES vote on Ballot Question 1A; and WHEREAS, the Colorado Fair Campaign Practices Act expressly authorizes local governments to pass a resolution taking a position of advocacy and reporting the passage and of and distributing the resolution through established and customary means by C.R.S. §1-45- 117(1)(b)(III). NOW THEREFORE, the Avon Town Council hereby RESOLVES TO SUPPORT EAGLE COUNTY’S BALLOT QUESTION 1A. The Avon Town Council further resolves to direct the Town Clerk to post and publish this Resolution in the established, customary manner as the posting and publishing of other resolutions. ADOPTED October 10, 2017, by the AVON TOWN COUNCIL By:_______________________________ Attest:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk         TOWN COUNCIL REPORT  To:   Honorable Mayor Jennie Fancher and Avon Town Council  From:    Matt Pielsticker, Planning Director  Meeting Date: October 10, 2017  Topic:  Review and Action to Solicit Private Businesses for Leasing Fire Station #7 for Interim  Employee Housing      ACTION BEFORE COUNCIL:  Before the Avon Town Council is a review of the status of Fire Station #7, and action to solicit  businesses for leasing Fire Station #7, for an interim period for employee housing.    SUMMARY:  The Avon Fire Station #7 is expected to be returned to the Town by the end of October, as it is no  longer needed to house firefighters.  Station #7 is proposed for repurposing in the current draft Town  Owned Properties Development Plan, as an integral site for an Art Collective and/or Culinary Arts space.  While it is expected to be part of the final plan recommendation from PZC, the plan has not yet been  finalized due to the advancement of site planning and cost assessments for relocating the Hahnewald  Barn.    Action by the PZC to make a recommendation to Council is expected by the end‐of‐the‐year.      To help determine the feasibility of Station #7 becoming an artisans’ facility, staff engaged Artspace,  a non‐profit organization that specializes in live/work space and artists’ advocacy, including creative  district initiatives.  Station #7 was toured and found to be a promising building for a community of  artists with live/work options, and a candidate for future artist in residence programs.  With the  pending status of the Town Owned Properties Development Plan, knowledge gained from Artspace  that a possible transition to a live/work community artist space would take more time to execute  successfully, the opportunity to lease the space for affordable employee housing came to light.   Prior  to any new residential occupancy, building improvements are necessary and those are outlined below.     BUILDING IMPROVEMENTS:  WITH NO CHANGE IN USE:  The Town of Avon Buildings Department has toured the station with a general contractor and have  identified a number of safety improvements and cleaning work that should be completed if the  building is to be occupied as a residential property.  The  planning estimate for work at Station #7 is  $16,000 and could be completed by December 1st,  if the Fire District vacates before the last week of  October.  Any changes in use to accommodate commercial, public assembly, or retail uses would  trigger significant building code changes.  Funding for the improvements would be from the  Affordable Housing Fund, subject to Council appropriation.    SOLICITATION AND LEASE TERMS:  Staff is recommending Station #7 be readied for residential occupancy with a single private business  this winter, as the best option to ensure the available housing is utilized in this tight rental housing    market.  The facility is able to accommodate up to ten (10) persons in shared community residence.  If  authorized to proceed with the solicitation of private businesses, staff would progress according:  1. Press Release and advertising in the Classifieds for two week period to accept applications.  2. Tour of building offered to any interested business  during first week of solicitation.  3. Lottery style application process, with order of priority drawn at random at end of two week  process.  The lease would be with one business only.    The details of the lease would be negotiated, however, the following terms would be advertised  during the solicitation process and established at the outset of negotiations:     Initial lease period of six months, from December 1, 2017 – May 15, 2018; with month‐to  month extensions depending on development plans for the art space;  60 day minimum  notice to vacate.   Up to 10 persons may occupy the building.   $7,000 per month lease, based upon $700 per person, plus utilities.   Overnight parking limited to the spaces adjacent to the railroad tracks, with no overnight  parking in front of or behind the building.   Insurance and indemnification of Town.   Town to maintain the landscaping and snow removal operations surrounding the building.    OPTIONS:   No action.  Secure Station #7 for the winter, pending final outcome of the Town Owned  Properties  Development Plan   Proceed with solicitation of private businesses for leasing portions of Fire Station #7 for  interim employee housing as outlined herein, and authorization of funds for improvements.    RECOMMENDED ACTION:   Motion and vote to authorize the Town Manager to solicit private businesses for leasing  portions of Fire Station #7 for interim employee housing, selection by lottery of the successful  firm and lease execution; and   Authorization of $16,000.00 from the Affordable Housing Fund for improvements at the next  budget amendment, with all rents being accounted for in the Affordable Housing Fund.          TOWN COUNCIL REPORT  To:   Honorable Mayor Jennie Fancher and Avon Town Council  From:    Preston Neill, Deputy Town Manager  Date:    October 10, 2017  Topic:     APPROVAL OF RESOLUTION 17–22 SUPPORTING THE GRANT AGREEMENT BETWEEN THE TOWN OF     AVON, ACTING AS FISCAL AGENT, ON BEHALF OF WALKING MOUNTAINS SCIENCE CENTER AND THE     STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND    ACTION BEFORE COUNCIL:  Council is asked to discuss and take action on Resoluti0n 17‐22 supporting the Grant Agreement  between the Town of Avon, acting as Fiscal Agent, on behalf of Walking Mountains Science Center and  the State Board of the Great Outdoors Colorado Trust Fund.     RECOMMENDED MOTION:  “I move to approve Resolution 17‐22 supporting the Grant Agreement between the Town of Avon,  acting as Fiscal Agent, on behalf of Walking Mountains Science Center and the State Board of the  Great Outdoors Colorado Trust Fund.”    SUMMARY:  At the September 26, 2017, Council meeting, representatives from Walking Mountains Science Center  (WMSC), including Markian Feduschak, President, and Gina Van Hekken, Director of Grants & Strategic  Initiatives, delivered a presentation to the Council about WMSC’s upcoming application for the Great  Outdoors Colorado (GOCO) Local Parks and Outdoor Recreation funding opportunity. In addition, they  requested that the Town serve as the fiscal agent for the application due to the fact that GOCO does  not distribute funds to non‐profits. In order for WMSC to apply, they must partner with a government  entity, with the government entity serving as the fiscal agent. WMSC plans to use the funding to  implement a comprehensive trails and education plan as part of their campus expansion. The  proposed work will take place on the six acre parcel of land adjacent to their current campus and the  medical center and the Avon Public Safety Facility.    In March 2017, the Town was notified that it will receive a matching grant of $350,000 from GOCO to  update the Harry A. Nottingham Park playground and improve pedestrian and bike access.  Construction is currently scheduled to be completed in the next couple of weeks. It was noted in  WMSC’s presentation to the Council that according to Jake Houston, GOCO Program Officer, as long  as there is a plan for the majority of funds from the existing grant to be spent, then it should not  interfere with the proposed application, should Council agree to serve as the fiscal sponsor.     Council provided direction to staff to move forward with a resolution in support of WMSC’s request.     ATTACHMENT:  Resolution 17‐22      RESOLUTION 17-22 SUPPORTING THE GRANT AGREEMENT BETWEEN THE TOWN OF AVON, ACTING AS FISCAL AGENT, ON BEHALF OF WALKING MOUNTAINS SCIENCE CENTER AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND WHEREAS, the Town of Avon supports Walking Mountains Science Center ("WMSC") in the submission of a grant application for a Local Parks and Outdoor Recreation Grant from the State Board of the Great Outdoors Colorado ("GOCO") Trust Fund; and WHEREAS, the Town of Avon supports completion of WMSC’s Environmental Education Community Trail Plan ("Project"), a comprehensive education and trails plan on WMSC’s property; and WHEREAS, the Town of Avon is an eligible recipient of GOCO funds and has been asked by WMSC to serve as a fiscal agent for the Grant; and WHEREAS, the Town of Avon supports the goals of the Project and is willing to serve as fiscal agent in support of WMSC; and WHEREAS, the Avon Town Council ("Council") desires to authorize Mayor Jennie Fancher to execute a Grant agreement with GOCO in connection with the Project. NOW, THEREFORE, BE IT RESOLVED by the Avon Town Council: THAT, the Council authorizes the Town of Avon to act as fiscal agent for the benefit of WMSC in connection with the Grant. THAT, the Council hereby authorizes Mayor Jennie Fancher to execute a Grant agreement with GOCO. THAT, the Council finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the Town of Avon, Colorado. MOVED AND ADOPTED by the Avon Town Council at its regular meeting held the 10th day of October, 2017. By:_______________________________ Attest:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk   TOWN OF AVON, COLORADO  AVON REGULAR MEETING MINUTES FOR TUESDAY, SEPTEMBER 26, 2017  AVON TOWN HALL, ONE LAKE STREET  Page 1      1. A CALL TO ORDER & ROLL CALL  Mayor Fancher called the meeting to order at 5:05 p.m. A roll call was taken and Council members  present were Scott Prince, Jake Wolf, Matt Gennett, Amy Phillips, Megan Burch and Sarah Smith Hymes.   Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Police Chief Greg Daly,  Recreation Director John Curutchet and Deputy Town Manager Preston Neill.      2. APPROVAL OF AGENDA  Councilor Wolf expressed that he would like to see action items take place before work session items. He  also said he would like to have a discussion about the Ben Harper concert. He agreed to broach the  subject during Council comments.      3. MEETING PROCEDURES FOR THE MEETING OF SEPTEMBER 26, 2017     4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA   Michael Cacioppo expressed his disappointment that the Ben Harper concert was not scheduled to  be discussed during the meeting. He made several other comments related to the Ben Harper  concert. Debra Gregory made a comment about her son being suspended by the Avon Recreation  Center from participating in any youth programs.     5. PRESENTATIONS  5.1. NATIONAL NIGHT OUT RECOGNITION  Chief Daly delivered a presentation about National Night Out 2017. On behalf of the Avon Police  Department, Chief Daly recognized the following individuals and organizations for their  participation and sponsorship:    KSKE Ski Country – Jordan  ‘Superman’ Lyles   Target – Corey Madsen   Margarita Chávez   Angel Caro   Sergio Jove   Antonio Pérez   Eagle River Youth Coalition –  Michelle Stecher   Blue Moose Pizza   Domino’s Pizza – Clayton Donahoo   Magic Fun Castel – Juan Guillén   City Market   Blue Plate Bistro – Adam and Elli  Roustom   The Aspens – Augustina Del Hoyo   Eagle River Fire Protection District –  Station 7   Walmart    5.2. EAGLE COUNTY PROPOSED MARIJUANA BALLOT INITIATIVE  Kathy Chandler Henry, Eagle County Commissioner, gave a presentation about the County’s  November 7th Marijuana Ballot Initiative. Council briefly discussed bringing before Council a  resolution supporting the initiative. Michael Cacioppo commented on the initiative. Mark Kogan  stated that he supports the initiative.      TOWN OF AVON, COLORADO  AVON REGULAR MEETING MINUTES FOR TUESDAY, SEPTEMBER 26, 2017  AVON TOWN HALL, ONE LAKE STREET  Page 2      6. ACTION ITEMS  6.1. PUBLIC HEARING SECOND READING OF ORDINANCE 17‐08, ADOPTING A NEW CHAPTER 8.38 OF TITLE 8 OF THE  AVON MUNICIPAL CODE ESTABLISHING DISPOSABLE BAG REQUIREMENTS, INCLUDING A DISPOSABLE PAPER  BAG FEE AND PROVIDING FOR THE COLLECTION AND DESIGNATION OF SUCH FEE (DEPUTY TOWN MANAGER  PRESTON NEILL)   Agnes Chastain expressed her displeasure with the proposed ordinance. Tom Chastain and  Michael Cacioppo remarked that they do not support the proposed ordinance. Mark Kogan said  he would like to see the Town collect some of the revenue to subsidize the cost of developing  reusable bags. He also said that in some communities, customers receive a credit for the use of  each reusable bag. Jeff Gentilini, store manager of the Avon City Market, talked about imposing  the fee on all retailers instead of just the large stores, in order to make it equitable. Mindy  Phelbin said that the Town should not try to reinvent the wheel and encouraged the Council to  start somewhere.     Councilor Gennett made a motion to approve second reading of Ordinance 17‐08, thereby  adopting a new Chapter 8.38 of Title 8 of the Avon Municipal Code establishing disposable bag  requirements, including a disposable paper bag fee and providing for the collection and  designation of such fee. The motion was seconded by Councilor Wolf. Mayor Fancher asked  Councilor Gennett if he is interested in seeing the disposable paper bag fee revenue split with  the Town. Eric Heil, Town Attorney, recommended that the motion be amended to include  “provided such retailer enters into an agreement stating that they will use the fees for the  purposes stated in the Ordinance.” Councilor Gennett accepted the recommended amendment  into his motion and he further modified his motion to include a 50/50 split of the disposable  paper bag fee revenues. Councilor Gennett retracted his original motion and made a motion to  continue the item to the October 10, 2017, Council meeting. Councilor Prince seconded the  motion and the motion passed unanimously. Direction was given to staff to modify the  ordinance to look more like the ordinance that was presented at first reading. Staff will prepare  a series of options for the Council to consider. One of the options will include an exemption for  small retailers from having to remit a portion of the bag fee revenue to the Town.      7. WORK SESSION  7.1. REQUEST FROM WALKING MOUNTAINS SCIENCE CENTER FOR THE TOWN OF AVON TO SERVE AS ITS FISCAL  AGENT FOR A COGO GRANT APPLICATION (WALKING MOUNTAINS SCIENCE CENTER PRESIDENT MARKIAN  FEDUSCHAK)  Markian Feduschak and Gina Van Hekken with Walking Mountains Science Center gave a  presentation to Council about their request for the Town to sponsor its 2017 Great Outdoors  Colorado grant application. Council agreed to serve as a fiscal agent for the application. Staff  will come back to Council with a resolution and memorandum of understanding at the October  10, 2017, Council meeting.       TOWN OF AVON, COLORADO  AVON REGULAR MEETING MINUTES FOR TUESDAY, SEPTEMBER 26, 2017  AVON TOWN HALL, ONE LAKE STREET  Page 3      7.2. BUDGET WORK SESSION FOR THE FOLLOWING TOWN FUNDS: CAPITAL PROJECTS, AFFORDABLE HOUSING,  COMMUNITY ENHANCEMENT DEBT SERVICE AND WATER (ASSISTANT TOWN MANAGER SCOTT WRIGHT)   Scott Wright delivered a presentation that highlighted the following proposed budgets for the  Town:   Capital Projects Fund   Affordable Housing Fund   Community Enhancement Fund   Debt Service Fund   Water Fund    Councilor Prince stated that he would like to see the Metcalf Road FS 7‐779 Trailhead Design  and Improvements Project advanced, subject to a conversation with the Forest Service.  Councilor Burch remarked that she would like to see a line item in the 2018 budget regarding  wayfinding signage.     8. ACTION ITEMS   8.1. MOTION TO CONTINUE THE REGULAR MEETING IN ORDER TO CALL TO ORDER THE URBAN RENEWAL  AUTHORITY (MAYOR JENNIE FANCHER)  Mayor Fancher made a motion to continue the Regular Meeting in order to call to order the  Urban Renewal Authority meeting. Councilor Gennett seconded the motion and the motion  passed unanimously. The time was 7:32 p.m.    8.2. MOTION TO RECONVENE THE REGULAR MEETING (MAYOR JENNIE FANCHER)  Mayor Fancher made a motion to reconvene the Regular Meeting. Councilor Gennett seconded  the motion and the motion passed unanimously. The time was 7:43 p.m.     Council agreed to begin with Action Item 8.5.     8.5. REVIEW AND ACTION ON RESOLUTION 17‐20 OPPOSING THE RESCISSION OF DACA (TOWN ATTORNEY ERIC                 HEIL)  Councilor Gennett made a motion to adopt Resolution 17‐20 opposing the rescission of DACA.  Councilor Phillips seconded the motion and the motion passed unanimously. It was noted that  the Resolution states that the "Town Clerk shall transmit a copy of this resolution to the  appropriate Colorado Congressional delegation."    8.3.  REVIEW AND ACTION ON THE AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT CONCERNING THE  OWNERSHIP, OPERATION AND MAINTENANCE OF THE JOINT FIRE‐POLICE STATION FACILITY BETWEEN THE  TOWN OF AVON AND THE EAGLE RIVER FIRE PROTECTION DISTRICT (TOWN ATTORNEY ERIC HEIL)          TOWN OF AVON, COLORADO  AVON REGULAR MEETING MINUTES FOR TUESDAY, SEPTEMBER 26, 2017  AVON TOWN HALL, ONE LAKE STREET  Page 4      Councilor Gennett made a motion to approve the amended and restated Intergovernmental  Agreement concerning the ownership, operation and maintenance of the joint fire‐police  station facility between the Town of Avon and the Eagle River Fire Protection District dated  September 26, 2017. Councilor Phillips seconded the motion and the motion passed  unanimously.    8.4. REVIEW AND ACTION TO REMOVE THE DISC GOLF COURSE FROM THE HARRY A. NOTTINGHAM PARK AND                             DIRECTION TO TOWN STAFF TO EVALUATE DEVELOPMENT OF A COURSE ON OTHER TOWN‐OWNED PROPERTY                             IF FEASIBLE (TOWN MANAGER VIRGINIA EGGER)  Steve Clayshaw stated that he agrees with the proposal to remove the course from the park. He  would like to see it relocated. Shirley Ritlin said she would like to see the course removed from  the park.     Councilor Burch made a motion to direct Town staff to remove the Harry A. Nottingham disc  golf course, as soon as possible. Staff should evaluate other Town properties for location of a  disc golf course, if feasible. The motion was seconded by Mayor Pro Tem Smith Hymes and the  motion passed unanimously.    8.7. FIRST READING OF ORDINANCE 17‐14, APPROVING A CODE TEXT AMENDMENT RELATED TO THE DEFINITION OF                  FAMILY (PLANNING DIRECTOR MATT PIELSTICKER)  Nancy Adam recommended that the definition stay the way it is. She suggested a provision that  will allow households to apply for an exemption or request a special review. Inga Causey said  that she supports the amendment, as proposed.     Councilor Burch made a motion to approve first reading of Ordinance 17‐12, thereby approving a  Code Text Amendment Application amending Title 7: Development Code, and the definition of  “Family.” Councilor Wolf seconded the motion. Councilor Burch amended her motion to read  Ordinance 17‐14 and to strike the language that states, "including the domestic employees  thereof." Councilor Wolf accepted the amendment by seconding the motion and the motion  passed unanimously. Councilor Burch also made a motion to request the Planning and Zoning  Commission to review an additional Code Text Amendment. Councilor Wolf seconded the  motion and the motion passed unanimously.     8.6. REVIEW AND ACTION ON INCREASING SPECIAL EVENTS FUNDING FOR THE 2017 MAN OF THE CLIFF AND BIRDS             OF PREY EVENTS (TOWN MANAGER VIRGINIA EGGER)  Derek George, a member of the Ad Hoc Special Events Committee, commented on this item.    Councilor Gennett made a motion to appropriate $29,348.00 from the 2017 General Fund  Contingency for potential funding of the Birds of Prey and/or Man of the Cliff 2017 event       TOWN OF AVON, COLORADO  AVON REGULAR MEETING MINUTES FOR TUESDAY, SEPTEMBER 26, 2017  AVON TOWN HALL, ONE LAKE STREET  Page 5      requests. The Ad Hoc Special Events Committee is authorized to make the determination with  no additional Council action. The motion was seconded by Councilor Amy Phillips and the  motion passed unanimously.     8.8. APPROVAL OF MINUTES FROM SEPTEMBER 12, 2017 COUNCIL MEETING (TOWN CLERK DEBBIE HOPPE)  Councilor Burch made a motion to approve the minutes from the September 12, 2017, Council  meeting. Councilor Phillips seconded the motion and the motion passed on a vote of 6 to 0.  Councilor Prince was not present for the vote as he had stepped out of the room.       9. WRITTEN REPORTS  9.1. GIFT REPORTING – ZOPPE FAMILY CIRCUS, BEN HARPER CONCERT AND ELVIS COSTELLO CONCERT TICKETS (DEPUTY  TOWN MANAGER PRESTON NEILL)  Councilor Prince asked for the record to reflect that his family attended the Zoppe Family  Circus.     9.2.  MONHTLY FINANCIALS REPORT (SENIOR ACCOUNTANT MARTHA ANDERSON)    10. MAYOR & COUNCIL COMMENTS & MEETING UPDATES  Councilor Phillips gave an update about the recent Artspace open houses. She also gave an update  about the EGE Air Alliance.    Mayor Pro Tem Smith Hymes updated Council about the Sonoran Institute workshop she attended.  She also talked briefly about the unallocated water outlook. She also described a recent meeting  she attended where the attendees discussed avenues to recycle polystyrene foam and the  possibility of investing in a polystyrene foam compactor or densifier.     Councilor Burch said the Affordable Housing Board meets next Wednesday. She also stated that  she thinks the Zagster bike share station located at Eaglebend Apartments is not used very much.    Councilor Prince offered that the Zagster bike share station located by City Market would better  serve people if it was in a different spot, closer to City Market.    Councilor Wolf gave his thoughts on the recent Ben Harper concert.    11. ADJOURNMENT   There being no further business to come before the Council, Mayor Fancher moved to adjourn the  regular meeting.  The time was 9:21 p.m.            TOWN OF AVON, COLORADO  AVON REGULAR MEETING MINUTES FOR TUESDAY, SEPTEMBER 26, 2017  AVON TOWN HALL, ONE LAKE STREET  Page 6       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:                                                       ________________________________                                                   Preston Neill, Deputy Town Manager          APPROVED:    Jennie Fancher  ________________________________    Sarah Smith Hymes  ________________________________    Jake Wolf    ________________________________    Megan Burch  ________________________________    Matt Gennett    ________________________________    Scott Prince  ________________________________    Amy Phillips  ________________________________  TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Bobby Bank, Ad Hoc Special Events Committee Chair Ad Hoc Review Committee: Bobby Bank, Committee Chair Lisa Mattis, Committee Vice-Chair Tom Butz Pedro Campos Ruth Stanley Kathy Ryan Timothy Haley Derek George Chris Cofelice Mac Garnsey Date: October 10, 2017 Agenda: 2018 Town of Avon Special Events – Ad Hoc Special Events Committee Recommendations SUMMARY: The work session on Tuesday is scheduled for Council to review the Ad Hoc Special Events Committee’s recommendation for 2018 Special Events funding; appropriation of monies for an events survey; and establishment of a reserve. The cash funding recommendations are found in Exhibit 1. The Committee’s Scorecard, designed to support the 2017-2018 Town of Avon Strategic Plan, which includes the criteria for funding, is provided as Exhibit 2. On August 22, 2017, Council allocated up to $500,000 for Special Event funding. COUNCIL ACTION: Council is asked at Tuesday’s meeting to provide direction on the recommendations prior to final preparation of the 2018 Budget, which is scheduled for Public Hearing and adoption on November 14, 2017. OVERVIEW: At the Avon Town Council work session held on September 21, 2016, direction was given to create an Ad Hoc Special Events Committee to guide the direction of future events in the Town. The initial role was established and involved learning about current events, reviewing the Town event application form, setting funding criteria and recommending funding and/or event dates for new applications. On January 10th, 2017, Council appointed the Ad Hoc Special Events Committee (AHSEC) to review the process and procedures for the solicitation of special events, including evaluation criteria and recommendations for the funding and setting of dates. A significant change for 2018 Special Event funding has been a solicitation to all interested event producers to submit applications for review by date certain. On July 18, 2017, the application materials for the 2018 Town of Avon Special Events Program, found in Exhibit 5, were advertised for a fifty-three (53) day period. The advertisement was posted on the Town’s website. Past recipients were also notified via email of the application process. Over the course of soliciting funding requests, the Town received forty-one (41) funding applications, totaling $1,036,062.50 in cash requests. Page 2 of 2 The AHSEC met on September 27, 2016, to review the applications with applicant representatives. The review focused on the Proposal Review Criteria in Exhibit 4. Committee members scored proposals based upon AHSEC Scorecard criteria that included scores related to: 1) Strategic Plan 2) Brand Fit 3) Signature Event 4) Cost/Benefit 5) Producer Qualifications Initial scoring can be found in Exhibit 5. After deliberation, the Ad Hoc Special Events Committee produced final scoring, found in Exhibit 1. All applicants have been notified of the Ad Hoc Special Event Committee recommendations and estimated time for the Council work session on Tuesday, October 10th. 2018 SPECIAL EVENT PROGRAM CASH FUNDING AND IN-KIND RECOMMENDATIONS: Please find attached Exhibit 1: 2018 Special Events Requests and Recommendations Funding Summary. Exhibit 1 is organized by event, previous year contribution, amount requested and recommended funding amount with sub- totals. The document includes recommendations for cash, conditions of funding, if any, and supporting information. The Committee is recommending: • Cash contributions in the total amount of $443,390.00 to 36 Special Events, representing 70 activation days from February through December; • $23,900.00 to fund a Town of Avon Event Survey; and • A Reserve of $56,910.00. The Reserve has been earmarked to be used for select contact negotiations, marketing possible music events not asking for funding, or other event opportunities should the need occur for a supplemental special event budget process. In keeping with the Town of Avon’s commitment to bringing hi-level producers and events into the Town of Avon, The Ad Hoc Special Events Committee directed staff to determine appropriate funding amounts for in-kind contributions. The 2018 Request for In-Kind Services and Asset Request List, is attached as Exhibit 3, and delineates the cost breakdown per hour for staff involvement as an in-kind contribution. The attachment will be used as a guide in determining Town of Avon in-kind contributions as staff works with each producer to ensure he or she has the support needed to set-up and break-down the park venue, including use, when appropriate of Town equipment. The reserve balance has been earmarked to be used for select contact negotiations, marketing possible music events not asking for funding, or other event opportunities should the need occur for a supplemental special event budget process. ATTACHMENTS: Exhibit 1: 2018 Special Events Program Requests and Recommendations Funding Summary Exhibit 2: AHSEC Scoring Analysis Exhibit 3: 2018 Request for In-Kind Services and Assets Exhibit 4: Scorecard Exhibit 5: 2018 Town of Avon Special Events Program – Application Materials 2017 Special Events Program Requests and Recommendations Funding Summary Event Granted (CASH) 2017 Request Amt. Recommended Funding Amount CONDITIONS Average Score out of 100 points Voting G5-1G SALUTE $24,000 $24,000.00 $21,600.00 86 passed 9-1 G2-1 BIRDS OF PREY $25,000.00 $40,000.00 $22,500.00 Same marketing and advertising as 2017 cash award 79 passed 9-0 with 1 member abstaining G5-3 TRIPLE BYPASS $5,000 $5,000.00 $4,500.00 79 passed 10-0 G4-3 YOUTH POWER 365 0 $2,700.00 $2,430.00 79 passed 9-1, with 1 obstaining G3-1 AVON BREW FEST 0 $0.00 $0.00 Committee would like to request 2 Brewfests with one in Spring and one in Fall 75 passed 10-0 G2-8 XTERRA 0 $0.00 $0.00 74 passed 10-0 G2-2 DANCING IN PARK $49,345.00 $75,000.00 $45,000.00 74 passed 8-1 with 1 member abstaining G5-1K EGG HUNT $9,000.00 $9,000.00 $8,100.00 74 passed 10-0 G5-1O TREE LIGHTING 0 $900 $810.00 73 passed 10-0 G2-7 VAIL SOCCER 0 $8,000.00 $6,300.00 73 passed 10-0 G5-2 MLT $2,500.00 $30,000.00 $13,500.00 Town Manager will finalize agreement 72 passed 9-1 G5-1N HISPANIC MONTH 0 $4,000.00 $3,600.00 72 passed 10-0 G2-4 BEC TRI $2,500.00 $2,500.00 $2,250.00 71 passed 10-0 G2-6 VAIL LAX 0 $0.00 $0.00 70 passed 10-0 G1-2 PIT. BBQ 0 $14,162.50 $0.00 Committee would consider aletrnate date with no funding 70 motion did not pass 4-6 G3-2 FALL BEER FEST 0 $15,000.00 $0.00 69 motion not to fund 9-1 EXHIBIT 1 2017 Special Events Program Requests and Recommendations Funding SummaryG5-1M CARDBOARD RIGATA 0 $3,000.00 $2,700.00 Consider combining with pop up strings -OR- battle of the brains 69 passed 8-2 G5-4 RIDE THE ROCKIES 0 $0.00 $0.00 Stipend offered by event promoter for music, etc. Town Manager will finalize agreement 68 passed 9-1 G1-4 AVON LIVE!$69,000.00 $85,000.00 $67,500.00 Events spread out over the summer 65 passed 9-1, with 1 obstaining G1-1 MTN. STANDARD 0 $75,000.00 $54,000.00 1) Committee prefers dates outside of the school year; 2) Town Manager will finalize contract 67 passed 6-4 G1-6 C. MOUNTAINOUS 0 $25,000.00 $18,000.00 67 passed 8-1 with 1 member abstaining G2-3 Man Of The Cliff $6,000.00 $6,000.00 $5,400.00 66 passed 8-2 G1-5 COVER ROCK $75,000.00 $75,000.00 $32,400.00 64 funding amount passed 6-3 with 1 member abstaining G4-2 ERPC Fall Festival 0 $0.00 $0.00 64 passed 10-0 G3-5 Beaver Creek Rodeo $6,000.00 $20,000.00 $9,000.00 $3500 worth of tickets provided to the Town for low income families 70 funding amount passed 7-2 with 1 member abstaining G5-5 HAUTE ROUTE $45,000.00 $45,000.00 $31,500.00 This amount indicates a 2 day event in 2018. Town Manager will finalize contract.62 passed 9-1, with 1 member obstaining G5-1L BATTLE OF BRAINS 0 $5,000.00 $3,150.00 Funded with stipulation a detailed plan be developed and presented to the Committee 62 passed 10-0 G5-1B AVON Preserve OPENING 0 $12,000.00 $7,200.00 Consider including Bike Build with this event. If included, add $2000 61 passed 10-0 G5-1A FEB. FREEZER 0 $4,000.00 $3,600.00 60 passed 10-0 2017 Special Events Program Requests and Recommendations Funding SummaryG5-1F MAY THE 4TH BE WITH YOU 0 $20,000.00 $18,000.00 60 passed 8-2 G5-1I LOCAL BANDS 0 $9,000.00 $0.00 Consider a local band spotlight as part of Avon LIVE! to accomplish this goal 60 passed 10-0 G1-3 A. MUSIC CIDER 0 $85,000.00 $0.00 59 passed 9-1 G2-5 BRIGHT FUT.0 $5,000.00 $0.00 59 passed 9-1 G3-4 VAIL FILM 0 $85,000.00 $0.00 65 passed 8-1 with 1 abstaining G4-1 CO DISC DOGS 0 $0.00 $0.00 57 passed 10-0 G3-6 ZOPPE $21,500.00 $80,000.00 $27,000.00 56 passed 10-0 G5-1H POP-UP $10,800.00 $10,800.00 $5,400.00 55 passed 9-1 G5-1E BIKE TO SCHOOL 0 $2,000.00 $1,800.00 Include AVON Preserve OPENING with this event if possible 55 passed 8-2 G1-7 COLOROCKSTAR'S 0 $74,500.00 $0.00 50 passed 10-0 G1-8 PRAISE IN PARK 0 $4,500.00 $2,250.00 Consider moving to combine efforts with ERPC Event 48 passed 8-2 G3-3 10TH MTN. S.T 0 $75,000.00 $0.00 52 passed 6-2, with 2 obstaining G4-4 SLINGSHOT 0 $0.00 $0.00 Approve dates based on timing for staff and town approval 27 passed 9-1, with 1 obstaining TOWN OF AVON EVENT SURVEY 0 $23,900.00 $23,900.00 Town to conduct a survey to give feedback on all 2018 events passed 8-2 TOTAL FUNDING REQUEST: $1,036,062.50 $443,390.00 RESERVE $56,610.00 The reserve balance has been earmarked to be used for select contact negotiations, marketing possible music events not asking for funding, or other event opportunities should the need occur for a supplemental special event budget process TOTAL COUNCIL ALLOCATION $500,000.00 Event (arranged from highest to lowest in points scored)Request Amt.Average Score Average Funding Chair's Funding Recommendation Score CASH G5-1G SALUTE $24,000.00 64 $20,000.00 97 $24,000.00 80 $24,000.00 73 $24,000.00 80 $20,000.00 96 $0.00 95 $24,000.00 92 $20,000.00 81 $24,000.00 100 $24,000.00 86 $20,400 $24,000.00 G2-1 BIRDS OF PREY $40,000.00 72 $40,000.00 86 $25,000.00 65 $25,000.00 71 $25,000.00 72 $25,000.00 97 $40,000.00 74 $0.00 83 $30,000.00 93 $40,000.00 79 $27,778 $35,000.00 G5-3 TRIPLE BYPASS $5,000.00 51 $5,000.00 84 $3,000.00 74 $5,000.00 66 $5,000.00 91 $4,000.00 97 $5,000.00 94 $5,000.00 75 $5,000.00 56 $5,000.00 100 $5,000.00 79 $4,700 $5,000.00 G4-3 YOUTH POWER 365 $2,700.00 63 $3,000.00 73 $2,000.00 66 $2,700.00 58 $2,700.00 82 $1,700.00 91 $2,700.00 80 $2,700.00 95 $2,700.00 100 $2,700.00 79 $2,544 $2,700.00 G3-1 AVON BREW FEST $0.00 82 $0.00 79 $0.00 71 $0.00 68 $0.00 64 $0.00 83 $0.00 92 $0.00 64 $0.00 44 $0.00 100 $0.00 75 $0 $0.00 G2-8 XTERRA $0.00 30 $0.00 80 $0.00 70 $0.00 61 $0.00 71 $0.00 81 $0.00 95 $0.00 95 $0.00 61 $0.00 100 $0.00 74 $0 $0.00 G2-2 DANCING IN PARK $75,000.00 71 $48,000.00 81 $50,000.00 67 $50,000.00 63 $25,000.00 61 $50,000.00 72 $50,000.00 83 $50,000.00 79 $55,000.00 90 $40,000.00 74 $46,444 $50,000.00 G5-1K EGG HUNT $9,000.00 52 $9,000.00 66 $9,000.00 67 $9,000.00 60 $9,000.00 78 $9,000.00 88 $9,000.00 93 $11,000.00 79 $9,000.00 63 $9,000.00 95 $9,000.00 74 $9,200 $9,000.00 G5-1O TREE LIGHTING $900 42 $0.00 81 $900.00 67 $900.00 53 $900.00 81 $500.00 100 $900.00 89 $900.00 56 $800.00 64 $0.00 95 $900.00 73 $670 $900.00 G2-7 VAIL SOCCER $8,000.00 56 $5,000.00 87 $2,000.00 64 $8,000.00 63 $4,000.00 81 $2,000.00 81 $8,000.00 88 $6,000.00 50 $6,000.00 56 $8,000.00 100 $8,000.00 73 $5,700 $6,000.00 G5-2 MLT $25,000.00 69 $25,000.00 75 $15,000.00 53 $10,000.00 62 $20,000.00 76 $10,000.00 74 $10,000.00 88 $7,000.00 71 $18,000.00 64 $7,500.00 92 $15,000.00 72 $13,750 $14,000.00 G5-1N HISPANIC MONTH $4,000.00 44 $0.00 80 $4,000.00 65 $4,000.00 55 $4,000.00 72 $2,000.00 83 $4,000.00 85 $4,000.00 79 $4,000.00 60 $4,000.00 95 $4,000.00 72 $3,400 $4,000.00 G2-4 BEC TRI $2,500.00 50 $2,500.00 75 $2,000.00 67 $6,000.00 54 $2,500.00 77 $2,000.00 75 $2,500.00 82 $2,500.00 64 $2,500.00 69 $2,500.00 100 $2,500.00 71 $2,750 $2,500.00 G2-6 VAIL LAX $0.00 58 $0.00 72 $0.00 68 $0.00 66 $0.00 60 $0.00 81 $0.00 91 $0.00 50 $0.00 55 $0.00 100 $0.00 70 $0 $0.00 G1-2 PIT. BBQ $14,162.50 71 $14,500.00 91 $12,000.00 52 $0.00 44 $0.00 49 $10,000.00 86 $14,100.00 87 $10,000.00 65 $10,000.00 56 $14,162.50 94 $14,162.50 70 $9,893 $10,000.00 G3-2 FALL BEER FEST $15,000.00 75 $15,000.00 67 $0.00 71 $15,000.00 62 $0.00 50 $0.00 83 $0.00 84 $0.00 71 $0.00 53 $12,000.00 75 $0.00 69 $4,200 $0.00 G5-1M CARDBOARD $3,000.00 47 $0.00 73 $3,000.00 61 $3,000.00 62 $3,000.00 70 $1,500.00 73 $3,000.00 86 $3,000.00 71 $3,000.00 57 $3,000.00 90 $3,000.00 69 $2,550 $3,000.00 G5-4 RIDE THE ROCKIES $0.00 46 $0.00 73 $0.00 72 $0.00 63 $0.00 10 $0.00 95 $0.00 96 $0.00 75 $0.00 56 $0.00 95 $0.00 68 $0 $0.00 G1-4 AVON LIVE!$85,000.00 59 $70,000.00 88 $85,000.00 68 $74,000.00 59 $80,000.00 59 $80,000.00 85 $75,000.00 49 $0.00 47 $70,000.00 67 $0.00 65 $59,333 $75,000.00 G1-1 MTN. STANDARD $75,000.00 55 $0.00 63 $30,000.00 59 $0.00 66 $50,000.00 16 $0.00 95 $50,000.00 83 $15,000.00 78 $55,000.00 62 $60,000.00 93 $75,000.00 67 $33,500 $50,000.00 G1-6 C. MOUNTAINOUS $25,000.00 82 $25,000.00 71 $25,000.00 56 $20,000.00 20 $0.00 82 $0.00 83 $10,000.00 76 $15,000.00 41 $10,000.00 88 $25,000.00 67 $14,444 $20,000.00 G2-3 MOTC $6,000.00 71 $7,500.00 68 $3,000.00 61 $6,000.00 61 $3,000.00 83 $6,000.00 70 $6,000.00 86 $6,000.00 36 $0.00 58 $5,000.00 62 $6,000.00 66 $4,850 $5,000.00 G1-5 COVER ROCK $75,000.00 50 $35,000.00 51 $25,000.00 70 $70,000.00 59 $40,000.00 74 $25,000.00 73 $10,000.00 60 $35,000.00 56 $40,000.00 83 $50,000.00 64 $36,667 $36,000.00 G4-2 ERPC $0.00 43 $0.00 46 $0.00 59 $0.00 0 $0.00 86 $0.00 81 $0.00 85 $0.00 95 $0.00 45 $0.00 100 $0.00 64 $0 $0.00 G3-5 B.C.R. $20,000.00 74 $10,000.00 86 $5,000.00 66 $7,000.00 83 $7,500.00 86 $20,000.00 58 $0.00 87 $20,000.00 69 $10,000.00 20 $20,000.00 70 $11,056 $10,000.00 G5-5 HAUTE ROUTE $40,000.00 46 $40,000.00 76 $20,000.00 68 $45,000.00 67 $30,000.00 78 $10,000.00 0 $45,000.00 73 $45,000.00 59 $2,500.00 92 $0.00 62 $26,389 $35,000.00 G5-1L BATTLE OF $5,000.00 40 $0.00 73 $0.00 61 $5,000.00 53 $5,000.00 58 $5,000.00 78 $5,000.00 82 $0.00 55 $2,500.00 59 $5,000.00 58 $0.00 62 $2,750 $3,000.00 G5-1B AVON P. OPENING $12,000.00 40 $0.00 62 $0.00 72 $12,000.00 57 $4,000.00 64 $8,000.00 90 $10,000.00 91 $12,000.00 44 $10,000.00 59 $8,000.00 29 $6,000.00 61 $7,000 $7,000.00 G5-1A FEB. FREEZER $4,000.00 47 $4,000.00 58 $0.00 70 $7,000.00 53 $4,000.00 48 $4,000.00 75 $4,000.00 87 $7,000.00 59 $4,000.00 59 $0.00 48 $3,237.50 60 $3,724 $4,000.00 G5-1F MAY THE 4TH BE $20,000.00 33 $0.00 79 $20,000.00 67 $900.00 57 $0.00 76 $15,000.00 72 $20,000.00 87 $20,000.00 65 $20,000.00 63 $20,000.00 0 $20,000.00 60 $13,590 $20,000.00 G5-1I LOCAL BANDS $9,000.00 48 $0.00 53 $0.00 69 $9,000.00 59 $3,600.00 48 $5,000.00 78 $9,000.00 85 $0.00 48 $0.00 58 $0.00 49 $0.00 60 $2,660 $0.00 G1-3 A. MUSIC CIDER $85,000.00 52 $0.00 57 $0.00 53 $0.00 57 $0.00 29 $0.00 90 $50,000.00 86 $65,000.00 59 $0.00 51 $20,000.00 60 $0.00 59 $13,500 $0.00 G2-5 BRIGHT FUT.$5,000.00 49 $0.00 25 $0.00 0 $0.00 54 $0.00 68 $3,000.00 77 $0.00 87 $0.00 95 $0.00 45 $0.00 93 $0.00 59 $300 $0.00 G3-4 VAIL FILM $85,000.00 48 $7,500.00 48 $0.00 63 $0.00 72 $50,000.00 67 $0.00 73 $0.00 64 $0.00 64 $20,000.00 86 $80,000.00 65 $17,500 $0.00 G4-1 CO DISC DOGS $0.00 50 $0.00 67 $0.00 51 $0.00 0 $0.00 86 $0.00 78 $0.00 91 $0.00 0 $0.00 45 $0.00 100 $0.00 57 $0 $0.00 G3-6 ZOPPE $80,000.00 51 $0.00 84 $25,000.00 65 $30,000.00 54 $22,000.00 19 $20,000.00 84 $25,000.00 94 $55,000.00 48 $40,000.00 64 $20,000.00 0 $40,000.00 56 $27,700 $30,000.00 G5-1H POP-UP $10,800.00 50 $0.00 58 $10,000.00 61 $0.00 47 $5,000.00 55 $9,000.00 85 $10,800.00 82 $10,800.00 54 $8,000.00 57 $0.00 4 $0.00 55 $5,360 $6,000.00 G5-1E BIKE TO SCHOOL $2,000.00 30 $0.00 66 $0.00 67 $2,000.00 57 $2,000.00 55 $1,000.00 80 $2,000.00 90 $2,000.00 44 $2,000.00 58 $2,000.00 0 $2,000.00 55 $1,500 $2,000.00 G1-7 COLOROCKSTAR'S $74,500.00 48 $0.00 38 $0.00 55 $0.00 46 $0.00 46 $0.00 48 $0.00 71 $0.00 22 $0.00 39 $0.00 83 $0.00 50 $0 $0.00 G1-8 PRAISE IN PARK $4,500.00 35 $0.00 52 $3,000.00 59 $4,500.00 40 $1,500.00 8 $0.00 80 $4,000.00 39 $0.00 58 $2,500.00 46 $2,500.00 61 $4,500.00 48 $2,250 $2,500.00 G3-3 10TH MTN. S.T.$75,000.00 48 $40,000.00 55 $15,000.00 59 $0.00 57 $50,000.00 66 $25,000.00 57 $0.00 51 $0.00 26 $0.00 52 $16,250 $0.00 G4-4 SLINGSHOT $0.00 0 $0.00 9 $0.00 0 $0.00 52 $0.00 42 $0.00 0 $0.00 0 $0.00 42 $0.00 100 $0.00 27 $0 $0.00 TOTAL FUNDING REQUEST: $1,026,062.50 Total funding allocated $426,000.00 $392,900.00 $460,000.00 $365,200.00 $431,200.00 $500,000.00 $383,900.00 $425,000.00 $384,162.50 $500,000.00 $438,052 $471,600.00 Reserve/Survey remainder $74,000.00 $107,100.00 $40,000.00 $134,800.00 $68,800.00 $0.00 $116,100.00 $75,000.00 $115,837.50 $0.00 $61,948.19 $28,400.00 DEREK TIM MAC RUTHBOBBYLISATOMCHRISKATHYPEDRO EXHIBIT 2 PUBLIC WORKS POLICE AVON TRANSIT ELECTRICIAN TOTAL IN-KIND VALUE HOURLY RATE $25.00 $57.00 $80.00 $30.00 $115.00 PRE-EVENT - HOURS REQUESTED 1 0 0 0 $25.00 DESCRIPTION OF PROPOSED USE EVENT DAY(S) - HOURS REQUESTED 2 0 0 1 $80.00 DESCRIPTION OF PROPOSED USE POST-EVENT DAY(S) - HOURS REQUESTED 1 0 0 0 $25.00 DESCRIPTION OF PROPOSED USE TOTALS:4 0 0 1 $130.00 LIST OF ASSETS REQUESTED: THE TOWN OF AVON HAS TENTS, CHAIRS, TABLES, ELECTRICAL PRODUCTION EQUIPMENT, SIGNS, ETC., WHICH ARE MADE AVAILABLE TO PRODUCERS, SUBJECT TO A DAMAGE DEPOSIT. PLEASE STATE ANY INTEREST IN USING TOWN ASSETS AND WHICH ASSETS YOU MAY BE INTERESTED IN. 3 - TENTS; 10 WHITE CHAIRS; 3 -RECYCLING CONTAINERS AND TENTS EXHIBIT 3 2018 REQUEST FOR IN-KIND SERVICES & ASSET REQUEST LIST NAME OF EVENT: FOR DEMONSTRATION PURPOSES ONLY SMALL ONE DAY EVENT: 400 PERSONS PRE EVENT ON SITE WALK THROUGH PUBLIC WORKS & ELECTRICIAN 1ST TIME SITE SET-UP; TRANSIT TO ELK LOT; POLICE AT BAG CHECK & VENUTE WALK THROUGH; VOLUNTEERS PROVIDE ON SITE SERVICES FOR RECYCLING/TRASH, PRODUCER RETAINED SECURITY, PARKING LOT MANAGEMENT, ETC. RETURN OF ASSETS; MARK FIELD IN-KIND SERVICES ASSETS REQUESTED PUBLIC WORKS JANITORIAL POLICE AVON TRANSIT ELECTRICIAN TOTAL IN-KIND VALUE HOURLY RATE $25.00 $57.00 $80.00 $30.00 $115.00 PRE-EVENT - HOURS REQUESTED 2 0 0 1 $80.00 DESCRIPTION OF PROPOSED USE EVENT DAY(S) - HOURS REQUESTED 12 20 8 1 $1,470.00 DESCRIPTION OF PROPOSED USE POST-EVENT DAY(S) - HOURS REQUESTED 4 0 0 0 $100.00 DESCRIPTION OF PROPOSED USE TOTALS:18 20 8 2 $1,650.00 TOTAL ALL DAYS ASSETS REQUESTED LIST OF ASSETS REQUESTED: THE TOWN OF AVON HAS TENTS, CHAIRS, TABLES, ELECTRICAL PRODUCTION EQUIPMENT, SIGNS, ETC., WHICH ARE MADE AVAILABLE TO PRODUCERS, SUBJECT TO A DAMAGE DEPOSIT. PLEASE STATE ANY INTEREST IN USING TOWN ASSETS AND WHICH ASSETS YOU MAY BE INTERESTED IN. 10 - TENTS; 40 WHITE CHAIRS; ALL RECYCLING CONTAINERS AND TENTS TOWN RETAINED PARKING LOTS NAME OF EVENT: FOR DEMONSTRATION PURPOSES ONLY LARGE - 2- DAY FIRST TIME EVENT: 3,500 PERSONS IN-KIND SERVICES PRE EVENT ON SITE WALK THROUGH PUBLIC WORKS & ELECTRICIAN 1ST TIME SITE SET-UP; TRANSIT TO ELK LOT; POLICE AT BAG CHECK & VENUTE WALK THROUGH; VOLUNTEERS PROVIDE ON RETURN OF ASSETS; MARK FIELD Exhibit Four: Scorecard Event: _______________________________________________________________________ Requested Amount in Cash: ___________________________________ Requested Services in Kind: ___________________________________ Scorer’s Name: ________________________________________________ 1. STRATEGIC PLAN Criteria Rating Directly supports one or more of the Town of Avon 2017-2018 Strategic Plan’s priorities 0-5 BENEFIT TO THE BUSINESS COMMUNITY: Increase Sales (Retail, Lodging, Restaurant, and Lodging) and Tax Revenue 0-10 COMMUNITY ENRICHMENT: Proven quality, knowledge and resources to sustain and grow the event 0-10 2. BRAND FIT Upholds the Avon Brand Platform, or successful explanation of benefit, when the brand is not supported 0-10 MARKETING: Extent and quality of promotional and marketing "reach" and leverage media exposure and sponsorship support 0-10 3. SIGNATURE EVENT Ability of the Event to become a Signature Event synonymous with Avon and is of signature quality 0-10 CALENDAR & TIMING: Contributes to a balanced calendar of events; is the right event at the right time 0-10 4. COST/BENEFIT Is the requested support in line with expected attendance and estimated ROI? 0 - 5 SUSTAINABILITY: What is the community involvement opportunity and/or lasting community benefit, does it promote an atmosphere of vitality, fun, and celebration? 0-5 NEED FOR TOWN FUNDING: Has the applicant shown that Town funding is needed for the event to occur? 0-10 5. PRODUCER QUALIFICATIONS Proven quality, knowledge and resources to sustain and grow the event 0-15 Total Score: MAXIMUM SCORE 100 POINTS Should the Event Be Funded? __________________________________ Amount of Funding Recommended: ____________________________ Conditions: __________________________________________________________________________ EXHIBIT 5 1. SELECT ONE EVENT CATEGORY: Recreational/Sports Music or Music with Art, Culinary, etc. Cultural (culinary, dance, theatre, educational, etc.) Non-profit Fundraiser Other 2. NAME OF THE EVENT: ___________________________________________________________________ 3. PROPOSED DATE(S) FOR THE EVENT: _______________________________________________________ 4. REQUESTED CASH FUNDING, IF ANY: _____________________________________________________ 5. REQUESTED VALUE OF IN-KIND SUPPORT, IF ANY: __________________________________________ 6. NAME & TITLE OF PERSON COMPLETING APPLICATION: _______________________________________ 7. MAILING ADDRESS: _________________________________________________________________ 8. EMAIL: ________________________________________ CELL PHONE: _______________________ 9. EVENT AND/OR ORGANIZATION WEBSITE: _______________________________________________ 10. SELECT ONE BUSINESS CATEGORY: For Profit Non-Profit (501C-3) Not-for-Profit (501C-6) 11. DOES THE EVENT BENEFIT A CHARITY? Yes - Please name the beneficiary: _______________________________________ No 12. SPECIAL EVENT LOCATION(S): Which Town-owned venue or venue(s) is/are being requested? Nottingham Park main (Upper) Athletic Field Nottingham Park (Lower) Athletic Field Nottingham Lake Avon Performance Pavilion Main Street Mall – Possibility Plaza Main Street Mall – Lettuce Shed Lane Town Council Chambers 2018 TOWN OF AVON SPECIAL EVENT APPLICATION INSTRUCTIONS FOR COMPLETING THE REMAINDER OF THE APPLICATION • IF APPLYING FOR VENUE DATES ONLY AND NO FUNDING AND NO IN-KIND SUPPORT: SKIP QUESTIONS 17, 18, 19, 22, 23, 24, 25 • IF APPLYING FOR VENUE DATES ONLY AND IN-KIND SUPPORT: SKIP QUESTIONS 17, 18, 19, 22, 24 a -e • IF APPLYING FOR VENUE DATES AND FUNDING AND IN-KIND SUPPORT: COMPLETE ALL QUESTIONS 13. SPECIAL EVENT DESCRIPTION: Please provide a detailed description of the event, its activities and entertainment including specific genres of music and/or target talent list. Include in the description, the following information: a. Dates and times for production set-up and breakdown b. Dates and times for the event shows/activities c. Will any event activities take place outside of these venues or the Town of Avon? If yes, please explain. 14. ATTENDANCE PER DAY ESTIMATES a. Number participants as paid or free ticket buyers, registered competitors, etc. b. Number of spectators, if applicable c. Number of artists, exhibitors, vendors, etc. d. Number of event staff – paid or volunteer, including contractors e. Total Attendance Per Day f. Statement regarding estimates for local, regional, state and/or international attendees 15. MARKETING & SPONSORSHIPS: a. Please provide a detailed description of the event marketing plan and indicate how the budget will support the plan, include strategy and execution details. b. The Town will provide 300 “free from Admissions Fee” single day tickets for marketing promotion, for ticketed events. c. Please explain how sponsors will be solicited, expectation for sponsorship support and what media exposure can be anticipated. 16. STATEMENT REGARDING SPECIAL EVENT GOALS & REVIEW CRITERIA Please provide a statement assessing how the special event meets the Strategic Plan, Avon Brand, and the Goals and Review Criteria. 17. 2017 ACTUALS (P&L) If your business or organization received funding in 2017, please provide the P&L, or if not yet prepared, the actual revenues and expenditures, if available. Indicated what percent was spent on marketing and talent. 18. 2018 BUDGET Please provide a 2018 event budget, including anticipated revenues and expenses. Please breakout revenues by ticket sales, sponsorships, vendor sales, participation fees, etc. Expenditures may be general categories for artists, marketing, production, rentals, security, sanitation, insurance, etc. The Budget and P&L will be treated as a confidential work product and is not a public document except for the net income/profit shown in the budget; however, the Town reserves the right to request greater budget detail. A Non-disclosure Agreement for the budget will be provided, if requested by the applicant prior to application submittal. 19. What is the amount and percent of the total 2018 event budget, which the Town of Avon being asked to fund? a. Total Town of Avon funding request: _______________ b. Total percentage of the 2018 total budget:____________ 20. RETURN ON INVESTMENT Describe or calculate the estimated return on investment. See the Producers Toolbox as a sample method for an ROI calculation, but is not the required method. What will be the return on objectives? 21. RETURN ON OBJECTIVES Communities also benefit from special events as cultural enrichment, positive knowledge of an event in the Vail Valley and out of the area, etc. Please provide a statement how these objectives and/or others pertain to this special event. 22. Describe how the funds requested from the Town of Avon will be used? 23. IN-KIND SERVICES REQUEST PUBLIC WORKS POLICE AVON TRANSIT ELECTRICIAN TOTAL IN-KIND VALUE HOURLY RATE $25.00 $57.00 $80.00 $30.00 $115.00 PRE-EVENT - HOURS REQUESTED DESCRIPTION OF PROPOSED USE EVENT DAY(S) - HOURS REQUESTED DESCRIPTION OF PROPOSED USE POST-EVENT DAY(S) - HOURS REQUESTED DESCRIPTION OF PROPOSED USE TOTALS: LIST OF ASSETS REQUESTED: THE TOWN OF AVON HAS TENTS, CHAIRS, TABLES, ELECTRICAL PRODUCTION EQUIPMENT, SIGNS, ETC., WHICH ARE MADE AVAILABLE TO PRODUCERS, SUBJECT TO A DAMAGE DEPOSIT. PLEASE STATE ANY INTEREST IN USING TOWN ASSETS AND WHICH ASSETS YOU MAY BE INTERESTED IN. 2018 REQUEST FOR IN-KIND SERVICES & ASSET REQUEST LIST NAME OF EVENT: IN-KIND SERVICES ASSETS REQUESTED 24. SUMMARY OF CASH FUNDING & IN-KIND REQUESTS, IF ANY, OR IF APPLICABLE a. Cash granted by the Town of Avon for 2016: ______________________________________ b. Cash granted by the Town of Avon for 2017: ______________________________________ c. Cash funding requested for 2018: ______________________________________ d. Cash funding projected request for 2019: ______________________________________ e. Cash funding projected requested for 2020: ______________________________________ f. Total value of in-kind granted by the Town of Avon for 2016: ______________________________ g. Total value of in-kind granted by the Town of Avon for 2017: _______________________________ h. Total value of in-kind funding requested for 2018: ______________________________________ i. Total value of in-kind funding projected request for 2019: __________________________________ j. Total value of in-kind funding projected requested for 2020: _______________________________ 25. Should the Town of Avon decide not to support this event cash or in-kind services, will it still occur? If yes, what would be the difference in the event if it is not supported at the full request? 26. REFERENCES: Please find two references who can speak to your qualifications for producing the event you are proposing. Reference #1 Organization: _______________________________________ Contact Name: _______________________________________ Phone #: _______________________ Reference #2 Organization: _______________________________________ Contact Name: _______________________________________ Phone #: ______________________ 27. SIGNATURE STATEMENT I affirm that all of the information included in this application, its attachments, and its supplemental documents is true and correct to the best of my knowledge. __________________________________________________ ___________________________ Authorized Signatory Date Please note that additional materials, such as photos, newspaper clippings, letters of support or promotional materials will be accepted, but are limited to not more than three (3) pages. TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Preston Neill, Deputy Town Manager Ad Hoc Review Committee: Timothy Haley, Alpine Bank Preston Neill, Deputy Town Manager Martin Nieves, Vail Valley Foundation JK Perry, High Five Access Media Matt Pielsticker, Planning Director Date: October 10, 2017 Agenda: REVIEW AND DIRECTION IN REGARDS TO 2018 COMMUNITY GRANT PROGRAM FUNDING, AS RECOMMENDED BY THE AD HOC REVIEW COMMITTEE OVERVIEW: On July 28, 2017, the application materials for the 2018 Town of Avon Community Grant Program, found in Exhibit 2, were advertised for a twenty-nine (29) day period. The advertisement was posted on the Town’s website and a press release was submitted on August 2, 2017, announcing the availability of the application materials. Past recipients were also notified via email of the application process. Over the course of soliciting funding requests, the Town received twenty-five (25) funding applications. At the August 22, 2017, Council meeting, Council provided direction to set $161,000 as the maximum amount of money for Community Grant Program funding that the Ad Hoc Review Committee’s funding recommendations shall not exceed. Direction was also provided for the Ad Hoc Review Committee to make a funding recommendation for a small contingency out of the approved maximum amount. The contingency would be used for unforeseen contributions. The Ad Hoc Review Committee met on September 22, 2017 to review the submitted applications. The review focused on the Proposal Review Criteria included in the application materials. Committee members took into account proposals that provided the most public benefit to Avon residents and visitors, as well as programs that fell in line with the Town of Avon 2017-2019 Strategic Plan. Past funding levels, available funds, potential for on-going requests, filling a funding or service gap and general priorities for all applications were also considered in the funding level recommendation, which has been provided in this packet for Council consideration. 2018 COMMUNITY GRANT PROGRAM REQUESTS AND RECOMMENDATIONS: Please find attached Exhibit 1: 2018 Community Grant Program Requests and Recommendations Funding Summary. Exhibit 1 is organized by program area with sub-totals. The document includes recommendations for funding (both cash contributions and in-kind requests), conditions of funding, if any, and supporting information. Summary of Requests, Recommendations and Past Funding The Ad Hoc Review Committee reviewed twenty-five (25) applications for funding in 2018, totaling $241,850 in cash requests and $31,223 for in-kind contributions. The Committee has recommended funding in the total amount of $153,400 in cash and $31,223 for in-kind contributions. As was directed by Council, the Committee set aside a recommended amount of $7,600 to serve as the contingency. The contingency amount, combined with the recommended cash funding amount, equals $161,000. The recommended contingency amount is approximately 4.7% of the approved maximum amount. Community Grant Program cash funding in 2017 equaled $170,560. COUNCIL DIRECTION: Council is asked at Tuesday’s meeting to provide direction for final preparation of the 2018 Budget, which is scheduled for Public Hearing and adoption on November 14, 2017. ATTACHMENTS: Exhibit 1: 2018 Community Grant Program Requests and Recommendations Funding Summary Exhibit 2: 2018 Town of Avon Community Grant Program – Application Materials Entity Granted (CASH) 2014 Granted (CASH) 2015 Granted (CASH) 2016 Granted (IN-KIND) 2016 Granted (CASH) 2017 Granted (IN-KIND) 2017 Requested (CASH) 2018 Committee Recommendation (CASH) 2018 Requested (IN-KIND) 2018 Committee Recommendation (IN-KIND) 2018 Explanation of 2018 Funding Request Committee Comments Eagle Valley Land Trust $ 5,000 $ 1,000 Support for Stewardship and Outreach Program - $5,000 The Committee recommendation is to award $1,000 to support the stated program. The Committee felt that more specificity is needed on how the requested money will be used. EGE Air Alliance $ 30,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 Support for Flight Service Programs in 2018 - $20,000 The recommendation is to award the requested amount. EGE has requested significant funding from several other municipalities, Eagle County and Beaver Creek Resort Company. The request is based on the estimated economic impacts of the flight service. High Altitude Entrepreneurs $ 2,900 Vail Centre $ 12,500 $ 27,500 $ 7,500 $ 5,000 $ 12,500 $ - BaseCamp Support - $7,500; Entrepreneurial Education Events and Programs Support - $5,000 The Committee recommends no funding. The Committee expressed that they would like to see specifics on how the money that has been granted to Vail Centre in past years has been spent. More specifically, how have the funds impacted local, Avon businesses. Vail Valley Partnership $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000 Regional Economic and Community Development Support - $7,500; Group Sales and Destination Marketing Support - $7,500 Award $15,000 as in 2017. No significant service increases were identified in the application. SUB-TOTAL: ECONOMIC DEVELOPMENT - REGIONAL PROGRAMS $ 57,500 $ 62,500 $ 45,400 $ 40,000 $ 52,500 $ 36,000 $ - EXHIBIT 1: 2018 Community Grant Program Requests and Recommendations Funding Summary ECONOMIC DEVELOPMENT: REGIONAL PROGRAMS ECONOMIC DEVELOPMENT: ART Entity Granted (CASH) 2014 Granted (CASH) 2015 Granted (CASH) 2016 Granted (IN-KIND) 2016 Granted (CASH) 2017 Granted (IN-KIND) 2017 Requested (CASH) 2018 Committee Recommendation (CASH) 2018 Requested (IN-KIND) 2018 Committee Recommendation (IN-KIND) 2018 Explanation of 2018 Funding Request Committee Comments EXHIBIT 1: 2018 Community Grant Program Requests and Recommendations Funding Summary Alpine Arts Center $ 20,000 $ 7,500 $ 9,600 $ 9,600 $ - Because AAC cannot take on projects without proper funding, AAC asked the Committee to brainstorm partnership opportunities, whether that relates to teaching classes, running art booths during Avon community festivals, or organizing art events. The Committee recommends no funding. The Committee remarked that without a formal request, it is difficult to evaluate what may or may not work for AAC. The Committee really would like to see something proposed, including an amount to make it happen. Previous funding requests for their Social Art Series have shown exceedingly high subsidies per person. Vail Valley Art Guild $ 5,260 $ 13,350 $ 4,400 Art Institute workshops from national and regional instructors - $6,250; Guest demonstrations and lectures - $6,000; Joint art presentations with other area non-profit organizations - $1,100 The Committee recommends awarding $4,400 for guest demonstrations and lectures, with the following breakdown: 1) First Friday, guest lecture and demonstration reception costs - $2,400; 2) Honorariums - $600; 3) Vail Daily ads - $1,400. The Committee asked that the $1,600 space rental fee not be included because at the time of the Committee's meeting, their understanding was that VVAG may move into the bottom floor of Avon Town Hall. SUB-TOTAL: ECONOMIC DEVELOPMENT: ART $ 20,000 $ 7,500 $ 9,600 $ 5,260 $ 9,600 $ 13,350 $ 4,400 $ - $ - Beaver Creek Resort Co. - Rodeo Series $ 2,500 $ 5,000 $ 5,000 $ 6,000 Beaver Creek Resort Co. - Xterra $ 2,500 $ 2,000 $ 2,500 $ 100 ECONOMIC DEVELOPMENT: SPORTS | OUTDOORS | SPECIAL EVENTS IN AVON Entity Granted (CASH) 2014 Granted (CASH) 2015 Granted (CASH) 2016 Granted (IN-KIND) 2016 Granted (CASH) 2017 Granted (IN-KIND) 2017 Requested (CASH) 2018 Committee Recommendation (CASH) 2018 Requested (IN-KIND) 2018 Committee Recommendation (IN-KIND) 2018 Explanation of 2018 Funding Request Committee Comments EXHIBIT 1: 2018 Community Grant Program Requests and Recommendations Funding Summary Buddy Werner League $ 1,000 $ 1,000 $ 1,500 $ 1,000 Funding would go toward "Coaches Certification/Education" line item. They would like to send their coaches to US Ski Association's Ski Fundamental Clinics. At $200 per coach, the $1,500 would help seven coaches go through the clinic. In addit0n, a $1,500 donation would qualify the Town to place a Town banner at the finish area of their race. BWL provides an affordable ski program that Avon children participate in. The Committee recommends awarding $1,000 for the stated line item. The $1,000 of funding will put five coaches through the US Ski Association's Ski Fundamental Clinics to help strengthen their technical knowledge, safety and expertise. Speckled-Hound Racing $ 2,000 $ 1,000 Team Evergreen - Triple Bypass $ 2,500 $ 3,000 $ 2,500 $ 2,500 $ 5,000 $ 3,000 The America Cup, Inc. World Fly Fishing Championships $ 500 $ 500 Vail Valley Charitable Fund - Bec Tri $ 2,500 $ 3,000 $ 2,500 $ 500 $ 2,000 $ 500 Vail Valley Foundation - Birds of Prey $ 40,000 $ 40,000 $ 50,000 Vail Valley Mountain Bike Association $ 5,000 $ - Support for the Adopt A Trail Program - $5,000 The Committee's recommendation is to not award any funding since the Town already budgets for trail maintenance in the West Avon Preserve and maintains its trails. The Committee remarked that the $5,000 funding request is arbitrary and they expressed that they need to see more specificity about what the money would go toward. Vail Valley Soccer Club $ 3,700 $ 3,700 $ 3,600 $ 3,600 In-kind support in the form of 1) use of Avon upper and lower field space, striping, goals and field cleaning - $1,300; 2) Two (2) seasons of field use at the lower Avon field; 3)use of lower field during the weekends of end of August to mid October and mid April to end of May, to host games for traveling teams; 4) use of Avon upper and lower fields for their College Identification Camp during the weekend of June 9, 2018 The Committee supports awarding the requested amount of in-kind support. The Committee noted that they would be agreeable to awarding funds to VVSC for scholarships to Avon kids to participate in their soccer club/program. Vail Volleyball Club Entity Granted (CASH) 2014 Granted (CASH) 2015 Granted (CASH) 2016 Granted (IN-KIND) 2016 Granted (CASH) 2017 Granted (IN-KIND) 2017 Requested (CASH) 2018 Committee Recommendation (CASH) 2018 Requested (IN-KIND) 2018 Committee Recommendation (IN-KIND) 2018 Explanation of 2018 Funding Request Committee Comments EXHIBIT 1: 2018 Community Grant Program Requests and Recommendations Funding Summary SUB-TOTAL: ECONOMIC DEVELOPMENT: SPORTS | OUTDOORS | SPECIAL EVENTS IN AVON $ 47,500 $ 54,000 $ 65,500 $ 7,700 $ 16,500 $ 7,300 $ 6,500 $ 1,000 $ 3,600 $ 3,600 Walking Mountains $ 17,500 $ 15,000 $ 22,500 $ 32,500 $ 37,500 $ 30,000 Support for educational activities - $30,000; Funding for Sustainable Community Film Series - $2,500; Funding for Actively Green sustainable business training and certification program - $5,000 The Committee supports awarding $30,000 to support their educational activities. While the Committee would like to support the film series and Actively Green program, the total ask was significant and the Committee made a tough decision to cut down the recommended amount. SUB-TOTAL: REGIONAL ENVIRONMENTAL PROGRAMS $ 17,500 $ 15,000 $ 22,500 $ 32,500 $ 37,500 $ 30,000 $ - $ - Bright Future Foundation $ 2,500 $ 740 $ 2,500 $ 740 $ 5,000 $ 4,000 $ 740 $ 740 Support for Youth Violence Prevention services, Buddy Mentor Program and school based violence prevention programs - $5,000; In-kind support in the form of ten 10-punch cards for the Avon Rec Center, valued at $740 The recommendation is to award $4,000 in cash support and to award the full request for in-kind. The Committee expressed appreciation for the services offered by BFF. The Committee recognized that in 2017, BFF served 275 youth in Avon. In 2018, BFF projects involving 325 youth residents. Catholic Charities $ 3,000 $ 3,000 The requested funding would support their Community Integration Services program - $3,000 The Committee recommends awarding the requested amount, $3,000. The application states that 21 Avon households have been helped in 2017. The Committee recognized that the services they provide are unique, but they would like to see data on Avon residents served for next year's application and for the project report. HEALTH & HUMAN SERVICES REGIONAL ENVIRONMENTAL PROGRAMS Entity Granted (CASH) 2014 Granted (CASH) 2015 Granted (CASH) 2016 Granted (IN-KIND) 2016 Granted (CASH) 2017 Granted (IN-KIND) 2017 Requested (CASH) 2018 Committee Recommendation (CASH) 2018 Requested (IN-KIND) 2018 Committee Recommendation (IN-KIND) 2018 Explanation of 2018 Funding Request Committee Comments EXHIBIT 1: 2018 Community Grant Program Requests and Recommendations Funding Summary Duchess Ride $ 5,000 $ 1,000 The funding request is for support for their progression based 2018 winter snowboarding camps for young girls - $5,000 The Committee supports awarding $1,000. The application states that their "hope is to directly benefit 15+ girls in the Town of Avon and 40+ girls in Eagle County." The Committee would like to see impact measures on the demographic they are serving in Avon. Eagle River Youth Coalition $ 2,000 $ 4,000 $ 2,500 $ 324 $ 2,500 $ 429 $ 4,000 $ 3,500 $ 429 $ 429 Support for youth assessment activities, parent and community education efforts, and in-school substance use prevention programs - $4,000 ; In- kind support in the form of six 5-punch card passes to the Avon Rec Center and three days of youth summer camp to be included in a silent auction or as raffle prizes - $429 The recommendation is to award $3,500 in cash support. Also, award the requested in- kind support of six 5-punch recreation punch cards, valued at $324, and three days of youth summer camp, valued at $105. Early Childhood Partners $ 1,000 $ 3,600 Education Foundation of Eagle County $ 59,400 $ 2,500 $ 26,400 $ 5,000 $ 4,500 $ 26,400 $ 26,400 Support/sponsorship for Wild West Days event in 2018 - $2,500; Support for Distinguished Teacher Awards continuing education financial assistance program - $2,500; In-kind support in the form of complimentary use of one office space at the ARTF for 12 months, which is valued at $26,400. The Committee recommends awarding $4,500 in cash funding and EFEC may use the funds for either or both of the stated requests. In addition, the Committee recommends granting EFEC complimentary use of one office space at the ARTF for 12 months, which is valued at $26,400. In-kind provision of Town office space at the ARTF is a significant contribution to EFEC's budget. Entity Granted (CASH) 2014 Granted (CASH) 2015 Granted (CASH) 2016 Granted (IN-KIND) 2016 Granted (CASH) 2017 Granted (IN-KIND) 2017 Requested (CASH) 2018 Committee Recommendation (CASH) 2018 Requested (IN-KIND) 2018 Committee Recommendation (IN-KIND) 2018 Explanation of 2018 Funding Request Committee Comments EXHIBIT 1: 2018 Community Grant Program Requests and Recommendations Funding Summary Friends of Mountain Rescue $ 15,000 $ 1,000 Support for their Endowment program - $15,000 The Committee recommends funding in the amount of $1,000. It was difficult for the Committee to understand what exactly the requested funding would go toward (e.g., training costs or equipment costs). The Committee noted that the application does not specify why the Town of Avon needs to fund this. It was also noted that, according to the application, there does not seem to be any other financial donations from municipalities. Habitat for Humanity Vail Valley $ 3,000 $ 3,000 The request is to help fund the construction of six affordable, for sale homes being built in Eagle County in 2017 - $3,000 The recommendation by the Committee was to award $3,000, which is the requested amount. The Committee appreciates the mission and work of this organization. InteGreat! $ 1,200 Mountain Family Health Centers $ 20,400 $ 30,000 $ 15,000 $ 15,000 Support for expanding access to medical, dental and behavioral health care services for students at Homestake Peak School of Expeditionary Learning and June Creek Elementary School - $15,000 The Committee recommends awarding the requested amount of $15,000. The Committee was excited to see a proposal for expanding their services to low-income students at Homestake Peak and June Creek. Entity Granted (CASH) 2014 Granted (CASH) 2015 Granted (CASH) 2016 Granted (IN-KIND) 2016 Granted (CASH) 2017 Granted (IN-KIND) 2017 Requested (CASH) 2018 Committee Recommendation (CASH) 2018 Requested (IN-KIND) 2018 Committee Recommendation (IN-KIND) 2018 Explanation of 2018 Funding Request Committee Comments EXHIBIT 1: 2018 Community Grant Program Requests and Recommendations Funding Summary Red Ribbon Project $ 750 $ 750 $ 750 $ 54 $ 1,000 $ 54 $ 1,000 $ 1,000 $ 54 $ 54 The request is for support for their Youth Skills Building Program - $1,000. In addition, they have requested in-kind support in the form of one 5- punch Avon Rec Center punch card, valued at $54. The Committee recommends awarding the requested $1,000 cash support and $54 in- kind support. RRP is a unique in-school program in Eagle County addressing risky behaviors of adolescents. The application showcases a strong fundraising program with public and private entities. Roundup River Ranch $ 1,000 $ 1,200 Small Champions $ 5,600 $ 5,600 $ 7,800 $ 9,000 $ 9,000 The $9,000 of requested funding would provide their programs to three qualifying Avon resident children in 2018. They also requested in-kind support in the form of one (1) office space in the soon-to-be vacated Avon PD offices or in the ARTF. The recommendation from the Committee is to award $9,000, as requested. The application states that the cost per child has gone up since last year. The 2016 Profit and Loss Statement shows net income of $98,477. The Committee also recommends granting office space to Small Champions once Avon PD moves to its new offices. It is difficult to value this in-kind request because it is not known how much longer Avon Town Hall will be available. SOS Outreach $ 5,000 $ 2,000 Support for their progressive outdoor-based Academy, University and Masters programs - $5,000 The Committee recommends awarding $2,000 for their stated programs. The application specified that the requested amount would support 550 underserved Eagle County youth during the 2017-18 program year. Of these, 85 will be Avon residents. The Committee appreciated that SOS Outreach listened to the advice of last year's Committee when it offered that it would support providing funding to subsidize operational costs of SOS Outreach's programs or a local event. Entity Granted (CASH) 2014 Granted (CASH) 2015 Granted (CASH) 2016 Granted (IN-KIND) 2016 Granted (CASH) 2017 Granted (IN-KIND) 2017 Requested (CASH) 2018 Committee Recommendation (CASH) 2018 Requested (IN-KIND) 2018 Committee Recommendation (IN-KIND) 2018 Explanation of 2018 Funding Request Committee Comments EXHIBIT 1: 2018 Community Grant Program Requests and Recommendations Funding Summary SpeakUp ReachOut $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 Support for Suicide Prevention and Stigma Reduction Initiative - $5,000 The Committee recommends awarding the full ask for the following items: 1) Prevention trainings/facilitator stipend - $1,500; 2) Advertising, promotional and training materials - $2,000; 3) Executive director personnel time for trainings, marketing, scheduling trainings for one year - $1,500. The Committee expressed that they would like to see SpeakUpReachOut request funding from other local governments since their services are valley wide. Entity Granted (CASH) 2014 Granted (CASH) 2015 Granted (CASH) 2016 Granted (IN-KIND) 2016 Granted (CASH) 2017 Granted (IN-KIND) 2017 Requested (CASH) 2018 Committee Recommendation (CASH) 2018 Requested (IN-KIND) 2018 Committee Recommendation (IN-KIND) 2018 Explanation of 2018 Funding Request Committee Comments EXHIBIT 1: 2018 Community Grant Program Requests and Recommendations Funding Summary Starting Hearts $ 6,500 $ 5,000 $ 9,500 $ 5,000 The funding request is for support for the following: 1) Delivery of the second installment of the Call.Push.Shock.educational program for all students of Avon Elementary, comprising exciting new content on leadership and teamwork; 2) Delivery of American Red Cross (ARC)/American Safety & Health Institute certification training to all council members and employees of the Town of Avon (60 people); 3) Deployment of two additional defibrillators in highly-trafficked public locations in Avon; and 4) Deployment of new signage, in keeping with Town of Avon brand standards, to identify defibrillator locations within town limits. The Committee's recommendation is to award $5,000, as was awarded last year, with $2,500 going toward the purchase of an AED to be placed in Avon and $2,500 going towards the delivery of Call.Push.Shock educational program. United Way of Eagle River Valley $ - Ute Springs Experiential Learning Center $ 1,500 Vail Valley Salvation Army $ 5,000 $ 7,500 $ 5,000 The request is to continue and expand the Get Out and Grow Avon Project. The funding would go toward the following: 1) Support for educators providing the programs - $4,500; 2) support for program materials and resources - $500; and 3) sponsorship of 2018 Harvest Dinner - $2,500. The Committee recommends awarding the same amount awarded last year, which is $5,000. Consensus among the Committee was to not recommend funding to sponsor the 2018 Harvest Dinner. Vail Valley Salvation Army's programs involve diverse groups of people and communities. The Get Out and Grow Avon event series encourages active lifestyles and healthy eating. Entity Granted (CASH) 2014 Granted (CASH) 2015 Granted (CASH) 2016 Granted (IN-KIND) 2016 Granted (CASH) 2017 Granted (IN-KIND) 2017 Requested (CASH) 2018 Committee Recommendation (CASH) 2018 Requested (IN-KIND) 2018 Committee Recommendation (IN-KIND) 2018 Explanation of 2018 Funding Request Committee Comments EXHIBIT 1: 2018 Community Grant Program Requests and Recommendations Funding Summary YouthPower365 (Formerly Youth Foundation) $ 20,000 $ 15,000 $ 40,000 $ 20,000 Support in the amount of $20,000 for multiple programs (PwrHrs, Parent Mentors, and Magic Bus) and an additional $20,000 request for a one-time capital campaign request for the Magic Bus. The Committee expressed that they really like the idea of the award going toward the capital campaign to secure two new Magic Bus classrooms. The Committee also said they understand the value of the stated programs as they reach and serve many Avon children and parents. The recommendation is to award $20,000 and YouthPower365 may allocate the funding to either the Magic Bus capital campaign or the stated programs, or both. SUB-TOTAL: HEALTH & HUMAN SERVICES $ 3,750 $ 18,950 $ 64,250 $ 61,718 $ 76,300 $ 30,323 $ 132,000 $ 82,000 $ 27,623 $ 27,623 TOTAL $ 213,895 $ 197,850 $ 205,150 $ 79,018 $ 170,560 $ 47,223 $ 241,850 $ 153,400 $ 31,223 $ 31,223 CONTINGENCY $ 7,600 TOTAL + CONTINGENCY $ 161,000 PO Box 975 One Lake Street Avon, CO 81620 July 28, 2017 RE: 2018 Town of Avon Community Grant Program Dear Potential Applicant: The Town of Avon welcomes applications from organizations and agencies seeking funding for programs, projects, services or activities that support the Town’s stated priorities in the Town of Avon 2017-19 Strategic Plan. In addition to providing the Strategic Plan, this packet includes important information to help your organization apply for Town funding, including application submission requirements, review criteria and the application schedule. While the Town of Avon will look at every opportunity for advancing partnerships with organizations in Avon to advance the Strategic Plan, monies to outside agencies are prioritized with all operational, service, and facility needs of the Town through the annual budget. In Fiscal Year 2017, the Town Council approved $170,560 in funding for community grants. This funding level is again targeted in 2018, but it is not guaranteed and is in the complete discretion of the Avon Town Council. The 2018 funding decisions will be based solely upon an organization’s written application. No interviews with applicants will be held. An Ad Hoc Review Committee, comprised of citizens representing businesses and nonprofits, plus two Town staff persons will review all applications and make the funding recommendations. The Ad Hoc Review Committee’s funding recommendations will be incorporated into the annual proposed budget, which Council will take action on during a public hearing tentatively scheduled for October 24, 2017. The following materials include all the information needed to prepare a funding application:  2018 TOWN OF AVON COMMUNITY GRANT PROGRAM: SUPPORTING THE TOWN OF AVON 2017-19 STRATEGIC PLAN  APPLICATION REQUIREMENTS & SUBMITTAL GUIDELINES  2017-2019 TOWN OF AVON STRATEGIC PLAN THE APPLICATION DEADLINE IS AUGUST 25, 2017, 5:00 PM If you have any questions, please feel free to call 970-748‐4404 or email pneill@avon.org. Sincerely, Preston Neill Assistant to the Town Manager 2018 Town of Avon Community Grant Program Page 2 of 5 2018 TOWN OF AVON COMMUNITY GRANT PROGRAM: SUPPORTING THE TOWN OF AVON 2017-19 STRATEGIC PLAN Program Overview The Town of Avon 2017-2019 Strategic Plan guides the decision-making and provides the structure for ensuring investments and programs reflect the Town Council’s priorities in achieving the vision and adopted plans of the Town of Avon. The Town recognizes that outside agencies and organizations should be considered as important partners in advancing the stated priorities in the plan, and that to fully build a successful partnership, Town funding may be required either through a direct cash contribution or with in-kind services. It is through the belief that partnerships are important to meeting the Town’s strategies, community grants are considered each year. Eligible Applicants Non‐profit applicants may apply as a 501(c)(3) or under the umbrella of a 501(c)(3) with a letter of agreement between the applicant and the umbrella 501(c)(3). Proposal Review Criteria 1. Town of Avon 2017-2019 Strategic Plan 1.1 Does the proposal’s program/service/activity directly support one or more of the Town of Avon 2017-2019 Strategic Plan’s priorities and/or on-going objectives? 1.2 How successful will the program/ service/activity be in meeting the priority (priorities)? 1.3 Does the proposal’s program/service address a potential unmet need in meeting the priorities of the Strategic Plan? 1.4 How many Town of Avon residents will directly benefit from the proposal’s program/service/activity? 1.5 Does proposal’s program/service/activity have the potential to benefit Avon’s business community? 1.6 Are the proposed measurements to evaluate the success of the program well defined? 2. Funding Level 2.1 Is the requested support either in cash or in-kind commensurate with expected benefits from the proposal’s program/service/activity? 2.2 Is the proposal’s program/service/activity funding a one-time support request or creating a longer term need for Town funding? 2.3 If the applicant has received Town funding for more than one year, is the proposal’s funding request to the Town increasing, being reduced, or falling as a percent of all program/service/activity revenues? 2.4 How successful is the applicant in bringing in other funding partners? 2.5 Do the board members personally contribute to the financial success of the organization? 2018 Town of Avon Community Grant Program Page 3 of 5 APPLICATION REQUIREMENTS & SUBMITTAL GUIDELINES THE APPLICATION DEADLINE IS 5:00 P.M. ON FRIDAY, AUGUST 25, 2017 Application Requirements: (Please do not exceed three pages) 1. Program Title___________________________________________________________ 2. Agency ________________________________________________________________ 2.1 When was your organization/agency established?___________________ 2.2 Contact Person__________________________ 2.3 Title___________________________________ 2.4 Phone_________________________________ 2.5 E-mail_________________________________ 2.6 Address________________________________________________________ 3. Dollar amount granted by the Town of Avon for 2016 (if applicable): $_________________ 4. Dollar amount granted by the Town of Avon for 2017 (if applicable): $_________________ 5. Dollar amount requested for 2018 (if applicable): $_________________ 6. Description of in-kind services granted over the past two years, and requested for 2018 , if applicable: _____________________________________________________________________________ _____________________________________________________________________________ 7. Please provide the following information to help us assess your agency’s current non-profit status: 7.1 Current Federal Employer Identification Number_________________________ 7.2 Has received a non-profit status from the IRS? Yes _____ No _____ 8. What is the mission of your organization? 9. Please provide a detailed description of the program, event or service for which Town of Avon support is being requested. 10. How does the proposed use of Town support further one or more of the Town of Avon 2017- 19 Strategic Plan priorities and/or on-going efforts? 11. For the program or service requesting funding, how many Town of Avon residents will be directly benefited? How many Town of Avon residents received a direct benefit in 2016 and 2017, if applicable? 12. Please attach your anticipated detailed line item budget for the requested 2018 support, including in the revenues all other funding partners. Funds are not available for capital improvements, equipment or supplies. Include when funds are needed for payment. 2018 Town of Avon Community Grant Program Page 4 of 5 13. If a non-profit, attach a budget for your agency for this same time period. 14. How will you measure the success of the program or service for which funding is requested? Please include clear objectives, outcomes, metrics and expectations. 15. How did you determine the need for the requested program or service? 16. Are there currently any other agencies or organizations providing similar services to the target population in the Town of Avon? If so, please identify them. 17. Please attach the most recent fiscal year-end financial statements reflecting your agency’s beginning and ending balances for the year. 18. Please list all anticipated funding sources for the current (2017) and coming year (2018). Be sure to highlight any opportunities to leverage Town funds with external funds. 19. Please indicate the percentage of your board members who have contributed funds to your program during the past year (please note that we are not interested in the amounts given by individual board members, but instead in the percentage of the board members who have financially supported the organization). 20. If your organization received funding from the Town of Avon in 2017, it is mandatory that you provide a progress or final report on the funded activity or program. The report must include revenues and expenditures, including other outside revenue support. Please address all conditions stated in the Town of Avon Letter of Agreement you received, which announced your funding award. This submittal is not included in the three (3) page application limitation. I affirm that all of the information included in this application, its attachments, and its supplemental documents is true and correct to the best of my knowledge. _______________________________________________ _________________________ Authorized Signatory Date Printed Name: _____________________________________ 2018 Town of Avon Community Grant Program Page 5 of 5 Please note that no additional materials will be accepted. Do not send newspaper clippings, letters of support or promotional materials. Application Submittal Guidelines: 1. Send the completed application, via email as a PDF document, to Preston Neill at pneill@avon.org. 2. Number each item in the application to correspond to the Application Requirements stated above. 3. Do not exceed three (3) pages. 4. Only one application may be submitted per organization. 5. Incomplete or late applications will not be considered. Review Process & Schedule: July 28, 2017 2018 Town of Avon Community Grant Program Application Available August 25, 2017 Deadline for Applications Week of September 11, 2017 Funding Recommendations by Ad Hoc Review Committee October 24, 2017 Public Hearing & Adoption of 2018 General Fund Budget Early November 2017 Notification of Awards Disclosures to all applicants:  Funds will not be available until after January 1, 2018, and may be dispersed in installments, if awarded.  Notification of awards will be sent after the Council approves the final budget currently scheduled for October 24, 2017. Heil Law & Planning, LLC ericheillaw@gmail.com H EIL L AW TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Removal of Disruptive Citizen DATE: October 6, 2017 Summary: This memorandum provides an overview of constitutional law regarding First Amendment free speech rights and disruption of public Council meetings. Council may not restrict the exercise of free speech because it is critical or disfavored by Council. However, Council may limit actual verbal speech to designated times such as public hearings and public comment periods and may restrict verbal speech outside such designated times if such speech is disruptive to the Council meeting. Council has the authority and right to conduct governmental business at its meetings and Council may take action to remove disruptive persons who interfere with the conduct of governmental business. Council has adopted Simplified Rules of Procedure for Council meeting by which Council has designated the Mayor to preside over meetings. The Mayor has authority to remove citizens who are disruptive to the conduct of Council business, provided that the Mayor’s authority on any meeting procedure may be overruled by a majority of Council. The federal 9th Circuit Court of appeals held that city officials did not violate a citizen’s First Amendment rights by ejecting him from two municipal meetings. Norse v. City of Santa Cruz, 586 F.3d 697 (9th Cir. 2009). The first instance involved the citizen paraded around the City Council chamber in protest. The second instance involved the citizen making a “Nazi salute” gesture towards the Council. Categories of Public Forums: The Supreme Court has established distinct categories of forums to analyze free speech rights. Forums include the (1) Traditional Public Forum, (2) Limited Public Forum, and (3) Nonpublic Forums. Traditional Public Forum: A Traditional Public Forum is a park, street corner, or plaza, where free speech has the maximum protection. Government may restrict the time, place and manner of organized parades, protests and gatherings, provided such rules are content neutral and the least restrictive to meet governmental purpose. Government has very little authority to restrict free speech of an individual in a Traditional Public Forum and may only restrict speech if it involves excessive profanity or obscenity or if it is inciting violence. Any content based speech restrictions in a Traditional Public Forum is subject to strict scrutiny by the courts. Nonpublic Forum: Non-Public Forums are government owned places where there is no tradition of exercising speech and the government has not opened up such places to expressive activity. Such places would include the police department, the transit facility, town hall administrative offices. Speech restrictions in Nonpublic Forums are held to the minimum standard of constitutional review and such restrictions need only be reasonable and viewpoint neutral. Limited Public Forum: In between the Traditional Public Forum and Nonpublic Forum is the Limited Public Forum. Council meetings are a Limited Public Forum where the rights of free speech generally apply only during Public Hearings and during designated times for public comment. During designated times of public hearing and public comment, Council may not restrict speech based on the content of the speech and may not restrict or curtail the speech if critical of Council or disfavored by Council. Council may also not restrict speech, such as displaying a sign with a political message, in the Council, provided that M EMORANDUM & PLANNING, LLC Avon Town Council Removal of Disruptive Citizen October 6, 2017 Page 2 of 2 such display is does not interfere with other members of the public ability to see and observe the Council meeting or otherwise disrupt the meeting. However, the Supreme Court has been clear that the rights of free speech do not include the right to disrupt the conduct of business at a Council meeting. The 9th Circuit also held a limited content-based restrictions are permissible such that a Council may limit public comment to the agenda item at hand and may cut-off speakers who are repetitious or irrelevant as long as they are not targeted because officials disagree with their views. White v. City of Norwalk, 900 F.2d 1421 (9th Cir. 1990). RECOMMENDATIONS: It is my recommendation that the Mayor and Council be clear of the following meeting rules: (1) Citizen speech within Council chambers is permitted only during designated public comment and public hearings; and, (2) Citizen speech within Council chambers may only occur at the podium with an active microphone or through use of an alternative active microphone; and, (3) Council should permit citizens to speak for the designated time allotted during public comment and public hearing without interruption; and, (4) Council should tolerate some limited profanity, but is not required to tolerate repeated or excessive profanity. Council may interrupt a speaker to state that profanity is not permissible and Council should provide a warning that profanity is not permitted prior to taking action to remove a Citizen; and, (5) A Citizen whose speech is outside of the designated public comment or public hearing times or speech which does not use a microphone AND which is actually disruptive to the Council should be warned, then if such disruptive speech continues (which is actually disruptive to the Council meeting) such Citizen may be removed; (6) Council may consider posting Citizen comment rules in the Council chamber; (7) Council may consider placing the public comment period at the end of the Council agenda. Some communities have done for the purpose of (1) allowing public business to be conducted first, and (2) tolerating public comment with profanity while not subjecting others who have business on the Council agenda and allowing other business to occur first. (8) Council may re-consider its decision to expand public comment to all Council work session and action items under the Simplified Rules of Procedure and revert back to only allowing for public comment during public hearings and during a designated public comment period. Attached is a recent White Paper: Legal Guide to Handling Disruptive People in Public Meetings, published by the League of Oregon Cities in May, 2017. This publication provides a useful overview of free speech laws and the right to remove a disruptive citizen from Council meetings. Thank you, Eric Legal Guide to Handling Disruptive People in Public Meetings MAY 2017 LEAGUE OF OREGON CITIES White paper Prepared in Cooperation with: CIS (Citycounty Insurance Services) Legal Guide to Handling Disruptive People in Public Meetings 2 Introduction Almost every local government official will be in a public meeting at some point in his or her career and experience the near or total derailment of the meeting by a disruptive member of the public. Whether it’s the person who refuses to relinquish his or her position at the podium during public comment or the audience member who repeatedly shouts his or her dismay about a comment being made by a recognized speaker, such disruptions can be annoying, and in some cases so severe that officials are unable to conduct the public’s business. These types of situations can be challenging, as the governing body attempts to find a way to deal with the disruption without escalating the situation, or worse, inviting a lawsuit. Sometimes, the governing body simply ignores the disruption. In other situations, it may be necessary to end the meeting and resume at a later date, hoping a period of cooling off will prevent a disruption when the meeting is resumed. If those efforts don’t work, public officials are often left wondering if they can legally remove the person, and if so, whether they can prohibit the person from returning to future meetings. Public officials also refer to the removal of a person from a public meeting or their suspension from future meetings as “trespassing a person.” The purpose of this guide is to explore those latter options for dealing with disruptive behavior. This guide begins with an overview of public meetings law and whether and when the public has a right to speak at public meetings. The guide then turns to the constitutional issues on what types of speech are protected, and the issues that are involved in removing someone from a council meeting. Finally, the guide summarizes the relevant case law in this area and concludes with some practical advice for addressing members of the public who are disruptive to a city council meeting. Public Attendance Versus Public Participation Although Oregon’s public meetings law requires governmental meetings to be open to the public, it is not a law that requires the government to allow the public to participate in its meetings. In relevant part, ORS 192.630(1) states that “all meetings of the governing body of a public body shall be open to the public and all persons shall be permitted to attend any meeting.” Oregon’s attorney general has explicitly said that the “right of public attendance guaranteed by the Public Meetings Law does not include the right to participate by public testimony or comment.”1 Although Oregon’s public meetings law does not require governments to allow public participation, it is often required by other state laws or local ordinances. For example, state law requires a city to hold a public hearing before adopting its budget. State law also requires city councils to hold public hearings when making certain land use decisions. In addition, many cities have adopted rules of procedure for their city council meetings that allow the public to speak on certain matters of public concern at a council meeting. 1 Public Records and Meeting Manual, Public Meetings Page 151 (2014). Legal Guide to Handling Disruptive People in Public Meetings 3 Controlling Public Participation When state or local rules allow the public to speak, any restrictions that a city desires to impose must fall within constitutional parameters. A. Constitutional Amendment Protections Provided to Public Meetings In the United States, the First Amendment ensures that “debate on public issues should be uninhibited, robust, and wide-open.”2 “Citizens have an enormous first amendment interest in directing speech about public issues to those who govern their city.”3 However, cities are not required to “grant access to all who wish to exercise their right to free speech on every type of government property, at any time, without regard to the disruption caused by the speaker’s activities. Even in a democracy, the government need not tolerate actual disruptions of government business.”4 In recognition of the fact that public meetings are a highly important place for the public to share concerns with their governing leaders, and equally recognizing the importance of a governing body’s need to actually govern, a city council meeting (or other public meeting) is considered to be a limited public forum. In general, a limited public forum is a forum created by the government for expressive activity, wherein the activity can be moderately limited through time, place and manner restrictions, with the caveat that the restrictions are viewpoint neutral. Article I, Section 8 of the Oregon Constitution also protects the free speech rights of the public. Although the Oregon courts have not decided a case involving free speech and public meetings, they have made clear that any content-based restriction is unconstitutional under the Oregon Constitution. Consequently, where the law allows the public to speak, the council must take extreme caution to not take action that limits what the person is allowed to say. B. Time, Place and Manner Restrictions Under the federal constitution, it is clear that city councils may impose content neutral time, place and manner restrictions. Time, place and manner restrictions are simply that: a rule regulating the specific time in which a person may speak, the location from which a person can speak, and the manner in which the speech can be made. For example, a city council may choose to limit public comment to certain points in a proceeding and (subject to any state law) limit the amount of time a person may speak. For example, a rule that “the public may provide testimony only during that time noted as ‘Public Comment’ on the agenda, with said testimony being provided from the designated podium, and shall be limited to no more than three minutes per speaker” has been upheld by the Oregon Court of Appeals and the Ninth Circuit Court of Appeals. 2 Walsh v Enge, 154 F Supp 1113, 1119 (D Oregon 2015) (quoting, N.Y. Times Co. v Sullivan, 376 US 254, 270, 84 S Ct 710, 11 L Ed2d 686 (1964)). 3 White v City of Norwalk, 900 F2d 141, 1425 (9th Cir 1990). 4 Walsh at 1119. Legal Guide to Handling Disruptive People in Public Meetings 4 The more difficult part for governing bodies in controlling people’s speech during public meetings is ensuring that the control measures imposed are both viewpoint neutral and enforced consistently and equally to all speakers. A measure which “serves purposes unrelated to the content of expression and only incidentally burdens some speakers, messages, or viewpoints” is considered viewpoint neutral.5 For example, the court has noted that requiring a member of the public to limit his or her testimony to the topic presently being discussed by the overall governing body is an acceptable viewpoint neutral regulation. C. Removing Disruptive People from Public Meetings Disruptive people can be removed from public meetings (public officials often refer to this removal as “trespassing”). However, the person must actually be disrupting the meeting. The Ninth Circuit has specifically stated, “Actual disruption means actual disruption. It does not mean constructive disruption, technical disruption, virtual disruption, nunc pro tunc disruption, or imaginary disruption.”6 A nunc pro tunc disruption is one where the speech could cause a disruption after the fact. To that end, individuals who refuse to sit down when their allotted speaking time has ended can be removed from the public meeting. Persons who interrupt a meeting’s proceeding by repeatedly shouting out and yelling can also be removed. Even individuals located in a different room than an actual public meeting who are protesting so loudly that it interferes with the meeting can be removed from the area. On the other hand, a person who rolls his or her eyes, repeatedly sighs, shakes their head or guffaws is probably not actually interrupting the meeting. A person who is merely a distraction is not necessarily and actual disruption, and thus, should be ignored. Because the requirement is that an actual disruption of the proceedings occur, it is not appropriate to remove a person because of some type of symbolic expression that does not interrupt or halt the meeting itself. For example, the Ninth Circuit found that while a person giving a Nazi salute may be offensive, giving the salute did not interfere with or interrupt the public meeting itself. And because the actual meeting was not interfered with by the salute, the removal of the person giving the salute from the meeting amounted to “viewpoint discrimination” by the governing body. Having a person removed from a public meeting because his view on a matter is offensive to some or all of the other people in attendance at the meeting is not legally permissible. The Nazi salute case is one to be particularly cognizant of because it is applicable to audience members. The federal courts recognize that audience members in limited public forums (like city council meetings) are “subject to the same constitutional rules that apply to those addressing the chamber.”7 In practice, this means that audience members who wear clothing that may generally be described as offensive, who make what is commonly thought of as crude or 5 Alpha Delta Chi-Delta Chapter v Reed, 648 F3d 790, 800 (9th Cir 2011) (quoting, in part, Ward v Rock Against Racism, 491 US 781, 791, 109 S Ct 2746, 105 L Ed2d 661 (1989)). 6 Norse v City of Santa Cruz, 629 F3d 966, 976 (9th Cir 2010). 7 Reza v Pearce, 806 F3d 497, 505 (9th Cir 2015). Legal Guide to Handling Disruptive People in Public Meetings 5 inappropriate hand gestures, and in some instances (absent a rule or ordinance prohibiting otherwise) passively hold signs or symbols that some find distasteful, may only be removed from the public meeting if those actions truly impede the public body’s ability to conduct the meeting. D. Suspending Disruptive Persons from Future Public Meetings It is not uncommon for a person desiring to make their point to cause several disruptions at the same meeting or over a series of meetings. The constant disruption of public meetings by the same person, despite repeated warnings and removals, often leads public officials to consider suspending the person from future public meetings (otherwise known as issuing a trespass order). While the temptation to bar a disruptive person from future meetings is great, the legal ability to do so is questionable. Two relatively recent federal court opinions held that prohibiting a disruptive person from attending future meetings, and from entering the entirety of a government facility, is not permitted under the First Amendment to the U.S. Constitution. The federal district court for Oregon specifically held in Enge v. City of Portland that a government may not “prospectively exclude individuals from future public meetings merely because they have been disruptive in the past.” In a separate decision, Reza v. Pearce, the Ninth Circuit Court of Appeals ruled that “imposing a complete ban” on a person’s entry into a government building “clearly exceeds the bounds of reasonableness” established under First Amendment jurisprudence. Both decisions are explained below more fully. 1. Enge v. City of Portland In the Enge case, the city of Portland’s municipal code permitted the city to indefinitely suspend a person from city hall and the city council’s chambers if the person disrupted a city council meeting. During a city council meeting, Mr. Walsh raised his voice and interrupted the meeting to the point that he was asked to leave by the mayor. After the meeting concluded, Mr. Walsh received a notice of exclusion from the city which prohibited him from attending any city council meeting or appearing in city hall for a period of 60 days. The Oregon District Court found that the Portland ordinance violated the First Amendment to the U.S. Constitution. In its decision, the court noted that if Portland’s ordinance was permitted to stand, it could “lead to officials shutting the government’s doors to those whose viewpoints the government finds annoying, distasteful, or unpopular. Permanent or even lengthy exclusions for past disruptive behavior conduct could become a convenient guise for censoring criticism directed toward the powerful. The First Amendment’s guarantees, although not absolute, are not so flimsy.”8 In issuing its ruling, the Oregon District Court noted that the suspension from future meetings was not reasonable under First Amendment jurisprudence. In order for the ordinance to have been found reasonable, the ordinance would need to fulfill a legitimate need. Portland argued that the ordinance was needed for two reasons. First, the ordinance was necessary to protect the public’s safety. Second, even though Mr. Walsh was prohibited from attending city council 8 Walsh at 1119. Legal Guide to Handling Disruptive People in Public Meetings 6 meetings, he had ample alternatives to communicate his concerns with Portland’s governing leaders. Neither of Portland’s argument were held to be valid by the court. The court noted that while public safety is a legitimate concern and could potentially allow for a person to be prospectively banned from attending a city council meeting, there was nothing in the record that showed that Mr. Walsh himself was a threat to any person. “Mere speculation that some persons may make others feel unsafe or engage in additional disruptions is an insufficient basis upon which to erect a governmental power to bar those who wish to express their views from participating in public debate.”9 The court was particularly insistent that if Mr. Walsh was disruptive in the future, he could simply be escorted out of the meeting. In addition, the court found that Portland’s ordinance did not provide Mr. Walsh with any reasonable alternatives to voice his concerns about public matters. The court appears to recognize that there is a fundamental difference between making a verbal statement at a city council meeting on a matter of public concern and sending in a letter. In its holding the courts stated, “prospective exclusions defeat the very purpose of the forum: to provide the opportunity for discourse on public matters.”10 2. Reza v. Pearce In this case, Arizona State Senator Pearce issued an order barring Mr. Reza from the state Capitol because he had previously been disruptive during a hearing chaired by Senator Pearce on an omnibus immigration bill. In addition to barring Mr. Reza from the Capitol, Senator Pearce adopted a new rule which required individuals who disrupted the Senate’s proceedings from being excluded from the Capitol for two weeks for a first offense and for 60 days for any subsequent offenses. When Mr. Reza attempted to enter the Capitol to attend a previously- scheduled meeting with another senator to discuss obtaining permits for a protest, he was refused entry to the building. The Ninth Circuit specifically held that banishment from the state Capitol was unreasonable under the First Amendment. In the opinion, the court specifically notes that the ban at issue excluded Mr. Reza “from all future hearings on any subject, based on the purported fear that he could be disruptive in the future”.11 The court additionally noted that the ban prevented Mr. Reza from “visiting his elected representatives to urge legislative action on any subject.12” And while the court noted that public safety can be a reasonable ground to deny entry to a public building, there was no real threat to public safety established in the case, and the ban was therefore not reasonable. 3. Public Safety Exception In both of the appellate cases described above, the courts reference that public safety concerns may be a legitimate reason to prospectively prohibit a person from entering and participating in a public meeting. But in both cases, the court found no real threat to public safety. These cases 9 Walsh at 1132. 10 Walsh at 1133. 11 Reza at 507. 12 Id. Legal Guide to Handling Disruptive People in Public Meetings 7 leave open the possibility that if a city council establishes that a real threat to public safety exists, it may be able to prospectively prohibit a person from attending a future public meeting. However, as there is no decision on point, it is reasonable to assume that any such suspension should be significantly limited in duration. After conferring with legal counsel, if a city a determines that a person should be prospectively prohibited from entering and participating in a public meeting, the attached Appendix A, entitled “Notice of Exclusion,” may be used as starting point in drafting an appropriate exclusion order. Any such notice of exclusion must be carefully crafted to ensure that the following occurs: (1) definitive evidence of a threat to public safety is established; (2) the subject of the order is provided appropriate due process; and (3) the subject of the order is given an opportunity to appeal the notice. E. Arresting Individuals Who Disrupt Public Meetings Having a disruptive person removed from a public meeting often results in the person simultaneously being arrested for disorderly conduct. Oregon has two criminal statutes related to disorderly conduct, one pertaining to disorderly conduct in the first degree, the other pertaining to conduct in the second degree. Both statutes generally prohibit a person, in relevant context to this discussion, “with intent to cause public inconvenience, annoyance or alarm,” or creating a risk thereof, from: engaging in violent or threatening behavior; making unreasonable noise; or disturbing lawful assemblies. The fundamental purpose behind both disorderly conduct statutes is “to protect the general public from conduct that threatens to erode the community’s sense of safety and security.”13 Individuals have challenged the validity of the disorderly conduct statutes on the basis that they violate a person’s right of free speech and expression under Article 1, Section 8 of the Oregon Constitution. The Oregon Court of Appeals has determined that this type of constitutional challenge to the disorderly conduct statutes requires a court to determine if an arrest for disorderly conduct “had as its objective the prevention of some harm within its power to prevent or whether its objective was to prevent protected speech.”14 In State v Rich, a defense attorney was arrested outside of a courtroom for disorderly conduct when he yelled at a police officer for more than a minute. The yelling was so loud that it could be heard outside in a hallway and in offices that opened to the hallway. At least some employees of the courthouse indicated the yelling was so loud it stopped them from working. The defense attorney argued that his arrest for disorderly conduct violated Article 1, Section 8 of the Oregon Constitution in that he was arrested because the officer did not like the words he was yelling (the defense attorney was using profane language). After reviewing the matter, the Court of Appeals determined that the defendant was not arrested because of the words he was uttering, but rather, as a result of the volume at which he was uttering those words. Finding that the basis of the disorderly conduct arrest was “the speech’s 13 ORS 166.023 and 166.025. 14 State v Rich, 218 OR App 642, 647, 180 P3d 744, 747 (2008). Legal Guide to Handling Disruptive People in Public Meetings 8 noncommunicative elements,” the court found that the arrest was proper and Constitutional. It was the volume of the speech and the effect it had on the public (causing work to cease) that caused the disorderly conduct, not the words themselves. When a person is arrested at a public meeting for disorderly conduct, it should be clear that the person is not only disrupting the meeting from occurring, but that the person’s behavior (and not the words being used) is what is eroding the public’s sense of safety and security. Conclusion Public officials do not have to allow people to disrupt or derail their ability to conduct the people’s business. It is perfectly acceptable for a governing body to establish rules that dictate when public comment can be made, how long the public comment can be given, and the topic that the public comment must surround. Governing bodies are also permitted the right to remove any person from a public meeting when that person actually disrupts the meeting. If a person’s disruption of a meeting is so deleterious that it threatens the safety and security of the public, the governing body can request that the person in question be arrested for disorderly conduct. And while public officials may wish to prospectively ban consistently disruptive people from future meetings, officials are warned that the only time such an action may even be legally permissible is if the officials can prove that the disruptive people proves to be an actual threat to the public safety—and even then, a limited suspension is perhaps most prudent. As a general rule, cities should utilize the least restrictive option to a disruptive citizen’s rights when trying to regain and retain order of a public meeting. Legal Guide to Handling Disruptive People in Public Meetings 9 APPENDIX A NOTICE OF EXCLUSION Dear [SIR/MADAM]: You are hereby excluded from the following property: [LOCATION/ADDRESS] (“property”). This letter is to inform you of the conditions and processes associated with your Notice of Exclusion. This exclusion is effective as of [DATE TRESPASSED]. You are prohibited from entering the property for a period of [LENGTH OF EXCLUSION/HOURS/EVENT]. In order to facilitate necessary actions or protected activities, you may be permitted upon prior approval to enter the property by giving at least one-day advance notice to [EXCLUDING AUTHORITY]. This Notice of Exclusion is given pursuant to ORS 164.245, as well as [MUNICIPAL/COUNTY CODE §]. Your entry upon the property without express permission may result in adverse consequences including, but not limited to, initiation of civil or criminal proceedings against you. Should you feel this Notice of Exclusion has been made in error, or you desire to contest this Notice of Exclusion, an appeal may be made to the Municipal Court pursuant to [MUNICIPAL CODE §] by filing a notice of appeal within ____ days of your receipt of this Notice of Exclusion. The exclusion from the property shall remain in effect pending your appeal. On appeal, evidence may be offered and arguments made before an impartial hearings officer. You are not entitled to court appointed counsel at that appeal, however, you may retain counsel at your own expense. Should you choose to not to appeal, this exclusion will expire by its own terms on [DATE EXCLUSION ENDS]. Sincerely, [Signed by Person Authorized to Issue]