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TC Packet 05-26-2020_______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. 1 AVON TOWN COUNCIL MEETING AGENDA TUESDAY, MAY 26, 2020 MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE) !! SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 THIS COUNCIL PACKET CONTAINS BOOKMARK LINKS WHICH ALLOWS YOU TO NAVIGATE TO SPECIFIC POINTS OF INTEREST / AGENDA ITEMS VERY EASILY , BY CLICKING ON THE BOOKMARK LINKS. EACH AGENDA ITEM HAS ITS OWN BOOKMARK LINK WHICH YOU CAN ACCESS IN THE MENU BAR ON THE LEFT-HAND SIDE OF THIS PDF. AS AN EXAMPLE, IF YOU CLICK ON THE BOOKMARK FOR AGENDA ITEM 5.1, IT WILL TAKE YOU STRAIGHT TO PAGE 5. AVON TOWN COUNCIL PUBLIC MEETING B EGINS AT 5:00 PM 1.CALL TO ORDER AND ROLL CALL 5:00 2.APPROVAL OF AGENDA 3.DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4.PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA [AN INITIAL THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK. SPEAKER MAY REQUEST MORE TIME AT THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL.] 5.BUSINESS ITEMS 5.1. AVON PD SWEARING IN AND BADGE PINNING OF OFFICER ANDRES “ANDY” SANDOVAL (POLICE CHIEF GREG DALY) (10 MINUTES) 5:10 5.2. AVON PD ANNUAL PRESENTATION (POLICE CHIEF GREG DALY) (30 MINUTES) 5:20 5.3. AVON PD AWARDS PRESENTATION (POLICE CHIEF GREG DALY) (15 MINUTES) 5:50 5.4. AVON PD FLEET REPORT FOR DISCUSSION (POLICE CHIEF GREG DALY) (15 MINUTES) 6:05 5.5. PUBLIC HEARING: RESOLUTION 20-14 AMENDING THE TOWN OF AVON GENERAL FUND, EQUIPMENT REPLACEMENT FUND AND COMMUNITY HOUSING FUND (ASSISTANT TOWN MANAGER AND FINANCE DIRECTOR SCOTT WRIGHT) (10 MINUTES) 6:20 RECESS TO ALLOW AVON TOWN COUNCIL TO CONVENE AS THE AVON URBAN RENEWAL AUTHORITY BOARD SEE ATTACHED AVON URBAN RENEWAL AUTHORITY AGENDA (10 MINUTES) 6:30 RECONVENE THE AVON TOWN COUNCIL MEETING 5.6. RESOLUTION NO. 20-15 AUTHORIZING DEED RESTRICTION HOUSING PROGRAM (TOWN MANAGER ERIC HEIL AND TOWN ATTORNEY PAUL WISOR) (30 MINUTES) 6:40 5.7. FIRST READING OF ORDINANCE NO. 20-06 AMENDING SECTION 3.12.110 OF THE AVON MUNICIPAL CODE TO AUTHORIZE ALLOCATION OF A PORTION OF REAL ESTATE TRANSFER TAX REVENUE TO THE COMMUNITY HOUSING FUND (TOWN MANAGER ERIC HEIL) (10 MINUTES) 7:10 _______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. 2 5.8. WORK SESSION: ICE RINK PRESENTATION: ICE SKATING ON NOTTINGHAM LAKE (GARY PADILLA & LANCE RICHARDS) (20 MINUTES) 7:20 5.9. PUBLIC HEARING: EMERGENCY ORDINANCE NO. 20-07 AUTHORIZING ADMINISTRATIVE APPROVAL OF LIQUOR LICENSE PREMISE MODIFICATION (TOWN MANAGER ERIC HEIL) (10 MINUTES) 7:40 5.10. RESOLUTION NO. 20-16 GRANTING THE MAYOR, MAYOR PRO-TEM AND TOWN MANAGER AUTHORITY TO DECLARE A LOCAL EMERGENCY (TOWN ATTORNEY PAUL WISOR) (10 MINUTES) 7:50 5.11. RESOLUTION NO. 20-17 ESTABLISHING LOCATIONS AND MAXIMUM NUMBER OF FOOD TRUCKS (TOWN MANAGER ERIC HEIL) (10 MINUTES) 8:00 5.12. APPROVAL OF MINUTES FROM MAY 12, 2020 REGULAR COUNCIL MEETING (TOWN CLERK BRENDA TORRES) (5 MINUTES) 8:10 6.WRITTEN REPORTS 6.1. POLICE DEPARTMENT DISPOSITION ON FORFEITED PROPERTIES FOR 2019 (POLICE CHIEF GREG DALY) 6.2. MUSICAL INSTRUMENTS (INTERN CHARISE BISHOP) 6.3. SUMMER UN-EVENTS UPDATE (CASE MANAGER DANITA DEMPSEY) 6.4. MAY 19TH PLANNING AND ZONING COMMISSION MEETING ABSTRACT (PLANNING DIRECTOR MATT PIELSTICKER) 6.5. MONTHLY FINANCIAL REPORT (SENIOR ACCOUNTANT NELLY BURNS) 7.MAYOR & COUNCIL COMMENTS & MEETING UPDATES (10 MINUTES) 8:15 8.EXECUTIVE S ESSION PURSUANT TO C.R.S. §24-6-402(4)(A) FOR DISCUSS OF THE P OTENTIAL PURCHASE OF REAL ESTATE AND (B) FOR RECEIVING LEGAL ADVICE FROM THE T OWN ATTORNEY CONCERNING A P OTENTIAL COMMUNITY HOUSING PROJECT. (35 MINUTES) 8:25 9.ADJOURN 9:0 0 ___________________________________________________________________________________________________________________________________________________________________________________________ *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. FUTURE COUNCIL MEETINGS TUESDAY, JUNE 9 - PUBLIC HEARING: SECOND READING OF ORDINANCE NO. 20-06 AMENDING SECTION 3.12.110 OF THE AVON MUNICIPAL CODE TO AUTHORIZE ALLOCATION OF A PORTION OF REAL ESTATE TRANSFER TAX REVENUE TO THE COMMUNITY HOUSING FUND (10 MINUTES) - WORK SESSION: WILDRIDGE PROPERTY OWNER SURVEY (45 MINUTES) - WORK SESSION: I-70 UNDERPASS DESIGN PRESENTATION (45 MINUTES) - WORK SESSION: MEDIAN FOR RIVERFRONT LANE/HURD LANE (30 MINUTES) - WORK SESSION ON GREEN HOUSE GAS CALCULATION (30 MINUTES) _______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. 3 - WORK SESSION ON LEGISLATIVE SESSION (30 MINUTES) TUESDAY, JUNE 23 - AUDIT REPORT (30 MINUTES) - WORK SESSION: REFRESH OF AVON BRAND GUIDELINES (30 MINUTES) - RESOLUTION 20-XX ADOPTING PROCUREMENT POLICY (30 MINUTES) _______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. 1 AVON URBAN RENEWAL AUTHORITY MEETING AGENDA THURSDAY, MAY 26, 2020 !! SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AVON URBAN RENEWAL AUTHORITY MEETING IS SCHEDULED TO BEGIN AT APPX 6:40 PM OR AS SOON THEREAFTER AS POSSIBLE. THIS START TIME IS APPROXIMATE. 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. BUSINESS ITEMS 4.1. PUBLIC HEARING: RESOLUTION 20-04 SUPPLEMENTAL AMENDMENT TO URA BUDGET (TREASURER SCOTT WRIGHT) 4.2. APPROVAL OF MARCH 26, 2020 URA MEETING MINUTES (AUTHORITY CLERK BRENDA TORRES) 5. ADJOURN *Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item, and may permit public comment for any other agenda i tem, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum prese nt. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. 970 748 4049 gdaly@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Greg Daly, Chief of Police RE: Swearing in and badge pinning of Officer Andres “Andy” Sandoval DATE: May 26, 2020 SWEARING IN AND BADGE PINNING CEREMONY: Tonight, we will join Officer Andres “Andy” Sandoval and his family as he takes his oath as Avon’s newest Police Officer and receive his badge. Officer Sandoval previously worked as a detention deputy and nurse’s aide at the Eagle County Sheriff’s Detentions Center. Andy grew up in Avon until the age of 13 and then moved to Gypsum. He graduated from Eagle Valley High School. Andy is bilingual and bicultural. 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 Smith-Hymes will preside over the swearing-in. The Oath of Office will be administered by Town Clerk Brenda Torres. Officer Sandoval’s younger brother Manuel will pin his badge. Congratulations to Officer Sandoval. Thank you, Chief Greg Daly. ### (970) 748-4049 gdaly@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Greg Daly, Chief of Police RE: Avon Police 2019 Annual Report to include a Six-Month Update DATE: May 12, 2020 DEPARTMENT OVERVIEW: The Avon Police Department (APD) is a full-service municipal law enforcement agency responsible to protect and serve the Town of Avon 24/7, with an official population of 6447, (2010 U.S Census) and an estimated 10,000 seasonal population. The Department consists of twenty (20) sworn police officers, one (1) part time police sergeant, two (2) non-sworn administrative employees, one (1) part time non-sworn administrative employee and one (1) part time seasonal (Summer) non-sworn community response officer. The 2020 Avon Police Department adopted budget is $4,320,911, which is 19.12% of the Town’s general fund operating expenditures. Avon Police employees focus our collective attention on the Department’s Mission Statement “We serve to better our community”, to our motto of “Count on Us” and to our Departmental Goals on a day-to-day basis to ensure the safety and security of residents and visitors in our community. Page 2 of 22 We operate under our Oath of Honor and our core values of: Benevolence (We are kind, compassionate and treat all with dignity and respect) Unity (We are guardians and peacekeepers of our community) Improvement (We constantly seek to improve ourselves individually and as a team) Leadership (We inspire others through our actions and words) Dedication (We are committed to our victims, to our community and to each other) ADMINISTRATION OF THE DEPARTMENT: The Avon Police Department is led by Police Chief Greg Daly and Deputy Chief Coby Cosper. There are five front line supervisors; four Patrol Sergeants and a Detective Sergeant. Each Patrol Sergeant oversees three (3) police officers when fully staffed. The twelve (12) Patrol Officers and four (4) Patrol Sergeants work 11.5 -hour shifts. The Detective Sergeant supervises a detective, and they collectively investigate major crimes, narcotic investigations and manage major programs such as police training. The part time sergeant has multiple responsibilities to include firearms range master, defensive tactics instructor, recruitment backgrounds, department in service and SWAT training and special event coordination. The men and women of the Avon Police Department sincerely appreciate the continued support of the Avon Town Council and Town Manager for the police department and for their unswerving passion for public safety of our citizens and guests. SIGNIFICANT DEPARTMENT ACTIVITY SINCE LAST NOV 19, 2019 WRITTEN REPORT TO COUNCIL: ➢ During the current COVID-19 pandemic, the Avon PD team has ensured continuity of operations, protecting and serving our citizens, residents and guests. The police department has remained open during the crisis as the only public facing Town facility to provide a sense of normalcy to those that we serve. The police officers and administrative service officers have adapted to the ever-changing environment whilst maintaining sufficent Staff in the office and on the streets. Night time officers have turned on their solid cruise lights while on patrol at night to show presence and offer some comfort during these tense and uncertain times. We have been working collaboratively with all Town of Avon Departments, with Eagle County Public Health, with Eagle River Fire, Eagle County Paramedic Services, partner Law Enforcement agencies and with local medical care facilities. ➢ Deputy Chief Cosper has been part of the Eagle County Emergency Operations Center managing the Emergency Support Function 13 (ESF13), law enforcement/ public safety, keeping all law enforcement leaders updated on public health order changes, ensuring the dispersion of personal protective equipment to all enforcement in the county, communicating with our EMS and Fire Dept partners and updating standard operating procedures for police officers responding to routine calls and how to respond to suspected COVID-19 cases. In addition, as part of the preparation for COVID-19 crisis, Deputy Chief Cosper completed a Town of Avon continuity of operations plan for Town governance. ➢ Sgt. Jamison submitted the Avon Police Department for consideration in the national Destination Zero program at the National Law Enforcement Memorial and Museum in Washington D.C. The National Law Enforcement Officers Memorial Fund, in partnership with the United States Department of Justice’s Bureau of Justice Assistance, was seeking s uccessful strategies that law enforcement agencies have developed and deployed to help keep officers safe and healthy. This initiative is one part of a continuing collaboration to improve officer safety and wellness. We didn’t Page 3 of 22 win the competition, but we received the following email message… “One of your program submissions was a finalist in the category of General Officer Safety. You were among three agencies that made it to the final round. While your program was not selected as the winner, you and your organization should be proud of all you have accomplished in improving the safety and wellbeing of the officers of the Avon Police Department.” Larry Cecchettini, Senior Program Manager - Destination Zero, National Law Enforcement Memorial and Museum ➢ Sgt. Jamison regularly instructs “Alive at 25” youth driver education trainings at the police department. The training is funded by a CDOT grant. ➢ Master Police Officer Peck continues his off-duty role as squadron commander of the U.S. Air Force, Civil Air Patrol (CAP) post at the High-Altitude Army National Guard Aviation Training Site at Eagle Airport. Colorado Wing- Civil Air patrol is an auxiliary of the U.S. Air Force. The CAP provides education and life skills to local cadet teenagers. ➢ Master Police Officer Peck and Officer Bal Herrera (US Marine Corps veteran) and local CAP Cadets provided a lesson on flag etiquette for the Pride Patrol members at the Avon Elementary School. ➢ School Resource Officers Bal Herrera and Colleen Gaspard continue to provide school resource duties at the Avon Elementary School. ➢ After a comprehensive hiring process, we successfully hired new police officers Colleen Gaspard, Andres “Andy” Sandoval (Bilingual) and Shadrach Hines. We are currently in backgrounds for another Spanish speaking officer to go to the police academy at the end of August. We are hiring that same future police officer as our summer seasonal community response officer/park ambassador. ➢ Avon PD initiated a comprehensive search for a missing 23-year-old Vail Resorts employee. We employed a drone as part of the search. At Avon PD’s request, officials from Eagle River Fire Protection District, Beaver Creek Public Safety, Vail Mountain Rescue Group, Vail Police Department, Vail Public Safety Communications Center, and the Eagle County Sheriff's Office gathered at the Vail Dispatch Mobile Command Unit in the Elk lot and initiated a grid search between Loaded Joe's in Avon and the Tarnes in Beaver Creek. The victim, Cole Greenfield was found deceased as a result of the search. The Facebook post looking for any information into his whereabouts, received 124,222 people reached and 18,786 engagements, demonstrating the impact this young man had on our local community in the short time he was a resident here in Eagle County. ➢ We completed a climate action evaluation with Kim Schlaepfer, Project Manager with the Climate Action Collaborative at the Walking Mountains Science Center. As a result, we introduced composting into the police department and improved upon our recycling program. The physical building, as a recently constructed building is pretty energy efficient with attendance lighting controls. ➢ Avon PD officers assisted Colorado State Troopers during a traffic stop at Walgreens in Avon. The passenger in the U Haul rental truck produced a handgun while inside the vehicle, subsequently exited and brandished the weapon for nearly twelve (12) minutes. Troopers, two (2) Avon PD Sergeants and a Sheriff’s Deputy tried to verbally deescalate the individual. He was instructed over 50 times to drop the weapon. Officers bravely deployed less lethal force to try and resolve the incident without lethal force. Unfortunately, after valiant attempts were made to resolve the situation, lethal force was used to stop the threat to the Walgreens employees, passing motorists, nearby pedestrians and police officers on scene. The Colorado Bureau of Investigation investigated the incident and presented the investigation to the 5th Judicial District Attorney’s Office for their evaluation. The District Attorney’s Office declined Page 4 of 22 prosecution of the trooper and concluded that the force was appropriate and reasonable given the circumstances as presented to the Troopers, Officers and Deputy. This was the third officer involved shooting on the I-70 corridor between Rifle and Avon in a six-month period where there was a fatality. ➢ Avon PD contributed funds towards the backpack program at the Eagle County Detention Facility. The program is helping released individuals reintegrate back into the community . They are supplied with a backpack with some basic human living essentials to help them get back on their feet. It benefits all of us that these released persons who have served their sentences, have the opportunity to change their ways and become law abiding and contributing members of the community. ➢ Starting Hearts evaluated our AEDs and informed us that our AEDs were out of date. We purchased three (3) new AEDs, two (2) to be mobile in vehicles and one for the booking, temporary custody area. Avon PD regularly arrives first on scene on delta or echo level medical calls and has regularly deployed AEDs to save persons usually in cardia c arrest situations. ➢ In November, we hosted the annual liquor license legal update meeting for all Avon liquor license holders. The meeting was well attended. Agent Lisa Maestas from the Colorado Department of Revenue Liquor Enforcement Division delivered a legal update. Benda Torres, Town Clerk and Chief Greg Daly provided Town related information and answered any questions. There was a good exchange of ideas. ➢ Avon PD with assistance from the Eagle County Sheriff’s Office hosted the week-long biannual certification/recertification in our arrest control/defensive tactics Krav Maga system. Sixty-one (61) police officers/sheriff’s deputies from around the state, with the majority from the Western Slope competed the physically challenging week -long course. The course was primarily funded through the Colorado Police Officers and Standards Training board (POST). ➢ Avon PD hosted a “Coffee with a Cop” morning at Starbucks on East Hurd Lane in February. It was another opportunity to have some great interactions with community members and guests to Avon. As always, the Staff were amazing during this great community policing event. ➢ Avon PD Chief Greg Daly and School Resource Officer Bal Herrera were delighted to participate in a Tip A Cop for the Colorado Special Olympics fundraising event at the Lancelot Restaurant in Vail. Vail PD, Eagle PD, Eagle County Sheriff’s Office, Colorado State Patrol also participated. Additionally, Avon PD Chief Greg Daly, Deputy Chief Coby Cosper and Officer Al Zepeda participated in a Tip a Cop event at Blue Plate in Avon with our other law enforcement partners. ➢ Avon PD was awarded the Special Olympics Colorado 2019 Law Enforcement Torch Run State Directors Agency Award for our community partnership in support of the Law enforcement Torch run for Special Olympics Colorado. ➢ Twenty-two (22) children from Avon Elementary School were escorted by Avon Police Officers on the “Shop with a Cop” event. The kids were given $100 to buy presents for their friends, family and for themselves. We shopped with the kids at Walmart and then bused over to the Four Seasons in Vail, where we assisted the kids in wrapping their presents. The kids were picked by AES school administration to participate in the event. We joined Vail PD Officers, Colorado State Troopers, Vail Fire Dept. with other kids from Red Sandstone Elementary School. Thanks also to Jim and Eva from Avon Mobility/Transit for the return bus trips. Thanks to the Battle Mountain High School Boys Basketball team, Dance Team and Girls soccer team for helping Page 5 of 22 to wrap the presents with the kids. Officer Gail McFall (Vail PD), Brian Flynn (Vail PD) and Officer Eric Benson (Avon PD) coordinated and were integral to the success of this very special event. ➢ Avon Police Officers, Brad Stamp, John Mackey and Sgt. Tyler Churches happily helped to distribute toys as part of the Vail Valley Salvation Army toy drive. Another tremendous event organized by VVSA to ensure that many families get to celebrate the holida ys in the way that their children will remember. ➢ Chief Karl Bauer with the Eagle River Fire Protection District (ERFPD) awarded Sgt. Tyler Churches and Master Police Officer Mike Lundblade and an Engine 7 Company with a lifesaving award at the annual ERFPD awards night. Sgt. Churches and MPO Lundblade performed CPR and deployed an AED which helped to save a man’s life. ➢ Avon PD has nine (9) military veterans currently serving in its ranks. We have two (2) US Navy veterans, two (2) US Marine Corps veterans and five (5) US Army veterans. We thank the men and women who have served their country and continue to serve their community. We celebrated Veterans Day by remembering their service and their brothers and sisters who sacrificed everything for this amazing country. We also remembered the sacrifice of the families left behind. ➢ Avon PD as part of the Law Enforcement Immigrant Alliance participated in the Catholic Charities and Law Enforcement Immigrant Alliance coat drive. Avon PD was a collection point. ➢ In November, Avon PD hosted the last night of 2019 Citizens Police Academy- a seven-week program educating our community on everything law enforcement related. We had nineteen (19) community members signed up. The academy was hosted by Avon PD in collaboration with the Eagle County Sheriff’s Office, Vail PD and Eagle PD. This was our 11th year delivering this academy. We hosted the Latino Academy just before this academy as mentioned in the previous six-month update. ➢ Avon PD participated in the National Drug Take Back program. We were happy to have participated in this excellent national program, ensuring that prescription drugs don’t make it on the street and those same drugs don’t end up in our precious watershed. ➢ Avon PD assisted the kids at Avon Elementary on the annual food drive. Per Vail PD, Eagle County Schools, Eagle County Sheriff's Office, Avon Police Department, and Eagle Police helped raise $1,016 in cash and checks and over 8,000 pounds of food for the Salvation Army and the Kelly Liken Food Bank. ➢ Avon PD is a nationally accredited agency through the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA®). Less than 1% of law enforcement agencies in the US are accredited through CALEA. We are the smallest agency in Colorado to be accredited through CALEA. In 2019 we completed year four of a four-year accreditation assessment cycle. Under Senior Administrative Services Officer Krista Jaramillo’s leadership, we were found to be 100% compliant to the Commission standards. The accreditation reflects all the hard work that the men and women at the Avon Police Department complete 24 hours a day, 365 days a year in service to better our community. We were to attend the national CALEA conference in Orlando in March, but the conference was cancelled due to the current COVID-19 pandemic. Instead we attended via zoom and presented before a subcommittee of national commissioners. We have the opportunity to show case our community outreach work to the committee. The committee voted and approved our reaccreditation to the full commission. We recently received our reaccreditation certificate and hope to have a CALEA commissioner formally present the certificate at a future Town Council meeting. In addition, we are accredited through the Colorado Association of Chiefs of Police (CACP). Page 6 of 22 ➢ Officer Al Zepeda, his wife Kathleen and Deputy Lisa Vasquez (Eagle County Sheriff’s Office) attended the 2019 Colorado Special Olympics Law Enforcement Torch Run Kick Off Conference. Officer Zepeda and Deputy Vasquez accepted the “Serve us” award from Colorado Special Olympics recognizing Eagle County Law Enforcement agencies for our collective “Tip a Cop” fundraising activities in 2018. Avon PD, Vail PD, Eagle County Sheriff’s Office, Eagle PD and the Colorado State Patrol 4C Troop are all very proud of our collective fundraising for our local special Olympics athletes. ➢ Chief Daly, Brenda Torres (Town of Avon Clerk & Police Community Engagement) and Liz Wood (Town of Avon Communications Manager) joined Crystal Mariscal with the United States Census Bureau at the community center at the Aspens MHP. The purpose of the meeting was to provide education regarding the upcoming 2020 census and to answer questions on how the census will be completed. The lovely hard-working ladies of the Aspens then celebrated Entre Mujeres Christmas with delicious homemade food and lots of singing. ➢ Avon PD was first on scene to evacuate residents from Eagle Bend apartment complex during a gas main fire in December. Then was part of unified command during the firefighting and mitigation of the fire. ➢ Avon Police were honored to assist with the delivery of Thanksgiving Food packages on behalf of the Vail Valley Salvation Army. ➢ We celebrated the final night of another fun and successful community Kids, Cops and Hoops basketball program. Avon PD Officers Brad Stamp, Corey Baldwin and Sgt. Churches ran this program over five months on Tuesday evenings at the Avon Elementary school (thanks Principal Dana Harrison for the AES gym use). Fun was had by all the kids who dropped in for some quality basketball time with their public servants. We had to end the program abruptly because of COVID-19 concerns. ➢ Avon PD officers and detectives continue to work collaboratively with the Gore Range Narcotics Interdiction Team (GRANITE) drug task force comprising of Eagle County Sheriff and Vail PD task force detectives in apprehending and prosecuting drug dealers out of our community. ➢ Sgt. Holmstrom continues as a member of the steering committee for the Treetop Forensic Interview and Child Advocacy center based in Breckenridge for the 5th Judicial District. He has worked on setting up the center through funding from a variety of governmental sources. The Town of Avon though the Avon Police Department is contributing $5,000 to the program for child forensic interviews. ➢ The Avon Police Department, in partnership with Vail Resorts, and through an Eagle County Sheriff’s IGA, completed another great season of the Law Enforcement Ski Program at Beaver Creek, albeit cut short by COVID-19. This program allows officers to ski as police officers and assist the Sheriff with operations on the mountain during an off -duty/secondary work agreement. The officers are compensated a ski-pass for participating in the program. The season has been very successful with lots of great community interactions and very positive feedback from ski resort employees. ➢ Chief Greg Daly continues as the board president and actively participates with the Speak Up Reach Out Suicide Prevention Coalition. Chief Daly also participates in the Total Health Alliance, the Mental Health Advisory Committee to the Eagle County Board of County Commissioners and serves on the advisory board to Eagle Valley Beha vioral Health. ➢ Avon PD officers as part of the Eagle County Special Operations Unit, participated in a hostage rescue/barricade incident at the Mountain Stream condominium complex. After many hours of negotiating with the suspect, the team breached the door and successfully placed the suspect into custody and rescued two (2) hostages from inside of their Page 7 of 22 bedrooms. We had recently relocated one of the two SWAT rescue armored vehicles into Avon and that night it was used. Its accessibility on the east end of the county contributed to the safety of the victims, State Troopers, Sheriffs Deputy’s and Police officers during the high -risk critical operation. ➢ Officer Corey Baldwin successfully tested to become Avon PDs newest operator on the Eagle County Special Operations Unit. The testing comprised of physical fitness, shooting skills, interview and recommendations from supervisors and input from other SWAT team members. Officer Baldwin proudly represented the police department during the arduous testing. ➢ We continue to increase our Facebook social media presence to a current milepost of over 3,200 followers of the Police Department Facebook page. We had over 28,000 reaches from a posting of a picture of a mountain lion on Eagle Bend drive in February. ➢ Officer Herrera completed the Colorado Department of Transportation funded Drug Recognition Expert Training course. He has completed eleven out of his twelve required training evaluations. He will then have to pass an eight (8) hour written examination for final certification. A drug recognition expert or drug recognition evaluator (DRE) is a police officer trained to recognize impairment in drivers under the influence of drugs other than, or in addition to, alcohol. This is one of the most challenging trainings available to law enforcement officers. ➢ APD continues to participate in the “Paris” task force seeking countywide cross discipline collaborative strategies to further the safety and security of our newborn population. ➢ Pastor Nate and Pastor Michael from Calvary Church continue as our departmental chaplains. They provide both religious and secular counselling to our officers dealing with the stress and trauma of the profession. They both were called out as trauma assistance after the officer involved shooting at Walgreens. ➢ Avon PD with our other law enforcement partners have engaged Code 4 Counselling out of Aurora to provide mental health services both from the resiliency and direct counselling services to our officers. They visit for two days per month and provide counselling services to officers throughout Eagle County. These services are currently provided though a state Department of Local Affairs funded grant. ➢ APD officers participated in the Eagle River Presbyterian Church Fall festival in Nottingham Park. ➢ Chief Daly also serves as the vice president of the county wide 800 MHz radio governance committee, managing the countywide radio system. Page 8 of 22 2019 ANNUAL REPORTING OF CRIME AND TRAFFIC STATISTICS I would again like to preface that the following statistical information should in no way minimize the hurt and trauma that every victim experience as the victim of a person crime or property crime. An increase or decrease in a particular crime category should not take away from our commitment to seek justice for every victim in every instance. We continue to believe that our success in keeping crime rates low in Avon is supported by high visibility patrol, community engagement and trust building with our residents and guests. The Avon Police Department is committed to serving to better our community through reducing crime and improving traffic/community safety through community partnerships, education, a nd by enforcement of laws. This document contains year-to-year historical crime reporting and traffic data, which highlights highs and lows in activity. There are many variables that contribute to crime and traffic crashes: such as weather, staffing, training, philosophy, prioritization, special events, population, economy, etc. Secondly, this memorandum contains 2019 crime/traffic data as compared to 2018 and 2017. Lastly, additional programs and community projects that the Police Department is working on are documented. YEAR-TO-YEAR CRIME/TRAFFIC REPORTING The Avon Police Department captures a wide variety of data and statistics for a variety of reasons. Crime data is sent to the Colorado Bureau of Investigation (CBI) and in turn to Federal Bureau of Investigation (FBI) for documentation in National Incident-Based Reporting System (NIBRS) and the Uniformed Crime Page 9 of 22 Report (UCR). NIBRS collects data on 46 Group A and 10 Group B offenses. UCR collects on 8 Part I crime index offenses. The Avon Police Department compares statistical data against the Annual Benchmark Cities Survey, which is a nearly two decade long comparative police performance analytics survey. In 1997, a group of police chiefs from around the country established the benchmark cities survey, which created measurement tool s to help ensure police departments provide the best service possible within their respective communities. Overland Park Police Department (KS) has taken the lead in compiling the survey results. The survey, updated annually, provides a range of information about each department. With that information, the participating agencies can set better goals and objectives, and compare their performance in the various areas. Thirty (30) law enforcement agencies from throughout the country participate in this survey including Boulder, Ft. Collins, and Lakewood, Colorado. The latest available annual data for this national survey is 2018. (https://www.opkansas.org/city-services/police-fire-safety/police-special- services/benchmark-cities-survey/) Avon Police Department 2010-2019 Activity Statistics 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Total Crimes Reported 786 908 613 667 912 937 740 798 827 668 Group A Crimes 368 440 372 313 388 381 320 313 359 201 Group B Crimes 418 468 241 354 524 556 420 487 468 426 Clearance Rate .43 .48 .59 .44 .40 .50 .49 .43 .51 .48 Total Reports 897 1111 1015 925 912 972 840 901 855 703 Calls for Service 14382 16905 16213 13829 16909 16302 16039 22890 20632 20213 Traffic Accidents 170 161 142 174 148 148 159 159 154 155 Traffic Accidents ETOH/Drug 6 8 7 10 12 8 9 7 7 12 Total Arrests 334 384 450 435 501 509 379 392 392 345 Adult Arrests 291 363 419 413 478 485 358 365 354 318 Juvenile Arrests 43 21 31 21 23 24 21 27 38 27 Felony Arrests 39 71 88 54 50 66 49 53 71 45 Sexual Offenses 6 12 12 4 10 9 7 11 14 7 Robbery 1 0 0 0 2 1 0 2 0 0 Burglary 28 24 9 11 12 10 13 7 13 1 Larceny 149 160 87 129 159 154 133 109 113 83 Motor Vehicle Theft 9 4 1 4 6 6 9 7 5 10 Assault 48 41 37 36 45 53 47 43 67 47 Arson 0 2 1 1 3 1 0 0 0 0 Forgery/Counterfeiting 9 5 5 4 9 6 8 3 5 4 Fraud 20 17 28 32 27 27 21 27 20 17 Vandalism 54 64 51 72 69 76 64 63 65 36 Weapon Offense 1 3 4 0 6 4 2 4 6 4 Narcotics 41 101 135 15 36 29 15 34 41 26 DUI 78 118 89 105 150 156 100 133 108 97 Liquor Laws 31 25 23 23 16 20 13 14 15 24 Disorderly Conduct 26 30 33 24 19 27 14 20 27 21 Domestic Violence 40 41 38 55 37 30 39 33 43 41 Traffic Stops 2860 4691 4299 3283 4302 3470 2328 2281 1985 1949 Page 10 of 22 Total Traffic Warnings 1811 3101 2523 2371 3275 2599 1706 1620 1561 1508 Written Traffic Warnings 1170 1463 1378 1423 Traffic Summons Speeding Avon Wildridge WBC BL EBC BL Swift I 70 Metcalf Nottingham 782 393 63 15 86 31 7 147 22 19 1192 379 31 2 46 7 6 265 3 17 961 275 16 3 36 6 13 191 1 7 701 118 5 2 9 6 2 85 3 4 820 169 14 4 22 5 2 103 7 7 615 182 7 13 24 14 2 91 18 7 545 244 14 7 11 17 8 169 2 2 508 283 15 6 11 15 4 223 1 5 309 112 5 1 29 8 2 41 1 17 302 118 0 3 14 10 8 67 1 11 Safety Belt 86 410 407 365 316 143 115 46 48 35 Child Safety Seats 8 3 7 1 5 0 0 2 3 2 Criminal Summons Odor Complaints 0 0 0 0 0 0 0 0 0 0 Animal Control Warnings 33 19 12 10 28 58 151 106 119 152 Animal Control Summonses 9 6 7 11 3 6 13 3 7 12 Wildlife Protection Ordinance (CFS) 23 11 40 3 29 5 37 6 9 19 Wildlife Protection Ordinance Summonses 0 0 2 0 1 5 0 0 0 0 Bear Calls 38 35 131 18 60 26 64 37 49 26 January 1 – December 31, 2019 Group A crimes include: Homicide, Kidnapping/Abduction, Robbery, Assault, Arson, Extortion, Burglary, Larceny/Theft, Motor Vehicle Theft, Counterfeiting, Fraud, Embezzlement, Stolen Property, Vandalism, Drug/Narcotic Offenses, Sex Offenses, Pornography/Obscene, Gambling Offense, Prostitution, Bribery and Weapon Violations. Group B crimes include: Bad Checks, Curfew/Loitering, Disorderly Conduct, DUI, Family Offenses, Liquor Law Violations, Peeping Tom, Runaway and Trespass. CRIME/TRAFFIC STATISTICS AND CALLS FOR SERVICE During 2019, the Vail Public Safety Communication Center dispatched 4,850 calls for service (CFS) to the Avon Police Department (4,996 in 2018 & 4,712 in 2017). Avon officers generated 15,146 self-initiated (SI) calls for service, which include traffic stops, community policing activities, building checks, foot patrols and extra patrols as requested by community members. An additional 217 calls for service were generated in Avon and were primarily dealt with by the dispatch center. In 2018, Avon officers generated 15,325 self- initiated calls for service and 16,873 SI CFS in 2017 (these figures include a small number of calls that were handled directly by the dispatch center) The 2018 Benchmark Cities Survey shows that the average number of a nnual calls for service per 1,000 citizens is 442.7 (only includes calls where someone calls dispatch to request police response) Similar dispatch generated calls for service in Avon have been significantly higher over the last three years at 731 in 2017, 775 in 2018 and 752 in 2019. This indicates that the Avon Police Department is busier than the Page 11 of 22 average law enforcement agency in citizen 911 and other response requests, which may be an indicator of public trust. Community members call when they need assistance, whether emergent or not. In 2019, Avon PD officers conducted 1,872 directed patrols and 950 traffic patrol/radar patrols to reduce crime and increase visibility throughout the Town of Avon, either at request by community member or business or through crime deterrence strategies. These directed patrols included foot patrol in Nottingham Park, traffic enforcement in Wildridge, trail heads in Wildridge and at the end of Nottingham and parking monitoring in the core. Avon Officers completed 488 hours of foot patrol. We completed 467 hours of bike patrol. Avon PD Calls for Service (CFS) are broken out into the majorities of categories used by the Vail Public Safety Communications Center (Vail Dispatch). Nature Code 2018 2019 Unknown 911 314 225 Alarm 198 205 Animal Complaint 224 178 Armed Party with Weapon 7 3 Arrest Generic 16 11 Assault 65 27 Assist 1303 1279 Attempt to Locate 71 127 Bar Check 360 239 Bear Call 49 26 Bicycle Accident 0 1 Bike Patrol 333 248 Bomb Threat 3 2 Shift Briefing 84 95 Burglary 11 7 Business Check 94 833 Chain Law 24 8 Civil Standby/Matters 248 284 Contact 440 644 Construction Incident 0 1 Community Oriented Policing 235 280 Damage 34 39 Death 2 1 Directed Patrol 2393 3289 Disturbance 135 131 Intoxicated Party 52 53 Domestic Disturbance 73 71 Drugs 23 16 Drug Task Force 5 2 Evidence Processing 94 74 Fight 25 14 Fingerprints 10 3 Fire 82 73 Fireworks 8 1 Found Property 94 95 Follow Up 1875 1430 Foot Patrol 2472 1254 Page 12 of 22 Found 3 3 Fraud 51 43 Person with a Gun 5 4 CBI Firearms Check 0 1 Harassment 89 85 ID Check Dispute 3 5 Interview 59 41 Investigations 2 0 Juvenile Problem 38 41 Abduction/Kidnapping 1 3 Liquor Violation 2 0 School Lock Down 2 1 Lost Property 148 134 Medical 109 114 Mental Health Hold 4 11 Missing Overdue Party 33 31 Motor Vehicle Accident 371 395 Negative Contact with Officer 15 7 Noise Complaint 162 132 Open Door/Windows 17 26 Ordinance Violation 56 29 Parking Problem 545 735 Patrol/Radar 1702 1131 Prisoner Processing 34 28 Prowler 3 1 Clear/List Person or Vehicle 16 18 Clear Person or Vehicle 8 3 Recovered Stolen Property/Vehicle 2 2 REDDI (Report Every Drunk Driver Immediately) Report 115 110 Relay 163 205 Restraining Order Violation 23 31 Road Debris 110 88 Robbery 1 1 Reports 1682 1438 Runaway 4 1 Security Checks 69 112 Registered Sex Offender 29 44 Shooting or Shots Fired 7 2 Mud/Rock/Snow Slide 5 1 Special Assignment/Duty/Patrol 25 55 Suicidal Party 58 68 Suspicious Occurrence 471 573 Traffic Stop 1985 1949 Theft 192 176 Towed Vehicle 32 25 Training 29 31 Traffic Complaint 202 233 Travelers Aid 17 12 Traffic Control 34 31 Trespassing 73 67 Unknown Nature 21 38 Page 13 of 22 Criminal Injury to Property 42 32 Abandoned Vehicle 38 21 VIN Check 44 23 Walk Through 2 3 Welfare Check 73 84 AVON POLICE DEPARTMENT RESPONSE TIMES The Police Department, as part of our annual performance metrics, measures response times to calls for service. These times are documented and calculated through the Vail Public Safety Communications Center. Calls for service are broken into four priorities, which are: Priority 1 & 2: Life or property in immediate threat or just occurred. Units respond immediately, lights and sirens. Priority 3: Normal everyday calls for service, needs to be handled in a timely manner. Priority 4: Calls can be held for a period of time. In practice, Priority 1 and 2 calls are considered life safety emergent calls and are treated as the same category. The 2018 Annual Benchmark Cities Survey indicates that the average response time for Priority 1 responses is 5:42 minutes for the thirty (30) agencies surveyed. The survey does not break down Priority 1 or 2 as does the Vail Public Safety Communications Center; however, the Avon Police Department’s 201 9 response time for emergency calls (Priority 1 and 2) is 3:50, significantly less than the 5:42 minute survey average. Page 14 of 22 2017 Priority 1 - 00:01:20 Priority 2 - 00:03:43 Priority 3 - 00:13:45 Priority 4 - 00:09:39 2018 Priority 1 - 00:00:00 Priority 2 - 00:03:07 Priority 3 - 00:14:16 Priority 4 - 00:08:46 2019 Priority 1 - 00:00:00 Priority 2 - 00:03:50 Priority 3 - 00:15:28 Priority 4 - 00:11:51 Page 15 of 22 During 2019, total crimes reported were lower as compared to 2018 and 2017. ALCOHOL/DRUGS Persons under the influence of alcohol and/or drugs continue to be a root cause of crime, especially in relation to crimes against person’s incidents and driving under the influence cases. Officers made 97 DUI arrests in 2019. DUI related crashes increased in 2019 at 12 as compared with 7 in 2018 and 2017. Avon PD narcotic arrests decreased to 26 from 41 in 2018, and 34 in 2017. Page 16 of 22 ARRESTS These arrest statistics include full custodial arrests, where the subject is booked into the Eagle County Detention Facility (ECDF), arrests that are processed at the Avon Police Departments booking area and field summons and release for more minor offenses. Due to the distance to the Detention Facility and inmate population at ECDF, Avon Officers attempt to summons and release or process at the Avon Police Department booking facility on the more minor offenses whenever possible to ensure the Officers are within the Town boundaries as much as possible. In 2019, there was a minor reduction in arrests to 345 as compared to 392 in both 2017 and 2018. In line with the same decrease, felony arrests decreased from 71 in 2018 to 45 in 2019. PROPERTY CRIMES Property crimes remain at historic lows. In 2019, theft/larceny decreased from 113 to 83. Burglary significantly decreased from 13 to 1. Vandalism incidents decreased from 65 to 36. Page 17 of 22 In comparison to the 2018 Benchmark Cities Survey, the average annual number of burglaries per 1,000 residents is 3.3. Avon’s average is 0.15. In comparison to the 2018 Benchmark Cities Survey, the average annual number of auto thefts per 1,000 residents is 2.1. Avon has seen an average of 1.13 over the last 3 (three) years. Page 18 of 22 CRIMES AGAINST PERSONS Avon had zero robberies in 2018 and 2019 as compared with two robberies in 2017. Reported sex offenses have decreased from 14 to 7. Assaults decreased from 67 to 47. Domestic violence incidents marginally decreased from 43 to 41. In comparison to the 2018 Benchmark Cities Survey, the average annual number of reported domestic violence incidents per 1,000 residents is 5.2. Avon’s index for 2019 was 6.36. In comparison to the 2018 Benchmark Cities Survey, the average annual number of reported rape offenses is .44 and sexual offenses (excluding rape) per 1,000 residents is .5. Avon has seen a rate significantly higher than this average for each of the last three years at 1.71 in 2017, 2.17 in 2018 and 1.08 in 2019. Page 19 of 22 The Avon Police Department tracks clearance rates for the most serious crime s. Some crimes have high solvability rates such as narcotic arrests and assaults, while other crimes like some sexual assaults, burglaries, and theft have lesser solvability rates. The Avon Police Department has an average clearance rate that is higher than the Benchmark Cities Survey Part I average. 0.43 0.51 0.25 0.48 Avon Clearance Rates Benchmark Cities Average Part I 2018 Crime Clearance Rates Annual Comparison (Avon rate is average of Part A crimes which are compared Part I) 2017 2018 2019 Page 20 of 22 TRAFFIC CRASHES Traffic Crashes in 2019 were reported at 155, up one (1) from 2018 and up four (4 ) from 2017. There were twelve (12) impaired driving related accidents, 7.7% of total crashes. Most crashes in Avon occur on Interstate 70, Avon Road, Beaver Creek Boulevard, Beaver Creek Place, and Metcalf/Nottingham Roads. These are our most traveled roadways. The 2018 Benchmark Cities Survey indicates that the crash rate for 1,000 citizens annually is 20. Factoring this average would equate to 129 crashes in Avon annually. The 2019 injury accidents included: ➢ 4 (complaint of injury) out of the 29 collisions on I-70 ➢ 1 (complaint of injury) of 34 collisions on Avon Road ➢ 1 (non-incapacitating) of 5 on Metcalf/ Nottingham ➢ 1 (non-incapacitating) of 15 on Post Blvd ➢ 6 from other locations in Town (2 incapacitating, 1 non-incapacitating, 3 complaint of injury) TRAFFIC ENFORCEMENT In 2019, Avon Police Officers conducted 1,949 traffic stops (1,985 in 2018 & 2,281 in 2017). In respect to the 1,949 traffic contacts, Avon Officers issued 302 traffic citations/summonses and 97 DUI summonses. This enforcement accounts for 20.47 % of all traffic contacts (including DUI) and inversely, we provided warnings/requests for behavioral change to 79.53% of our traffic contacts. This statistic also reflects our philosophy of striving to gain behavioral change for priorities like impaired driving, speeding and not wearing a seat belt. As you can see, the clear majority of traffic contacts end up with a cordial warning and encouragement to fulfill our collective community social obligation to be safe drivers on our roads for all our residents and guests. Page 21 of 22 2019 Traffic Warnings and Citations Race/Sex Warnings (Via E-citation) (Adjusted with demographical information from CAD information for warnings not issued through eCitation device) Citations Total % of overall traffic contacts (cites and warnings) Caucasian/Male 702 122 824 46.032 Caucasian/Female 338 56 394 22.01 African-American/Male 31 10 41 2.29 African- American/Female 9 2 11 0.614 Hispanic/Male 258 66 324 18.10 Hispanic/Female 97 35 132 7.374 Asian/Male 36 8 44 2.46 Asian/Female 8 2 10 0.56 OTHER (M&F) 9 1 10 0.56 TOTAL 1488 302 1790 100 Note: This graphic includes traffic warnings, summonses and citations excluding summonses issued for DUI. The total of traffic contacts of 1,790 differs from the dispatch reported traffic stops at 1,949. The variance is made up of 97 DUI stops and 62 traffic stops where a business card was issued, and where the ethnicity was not documented in the in-car mobile dispatch computer. This may occur where an officer has to clear from a traffic stop for an emergency call and the process of issuing the business card is quicker than issuing an electronic warning from the e-Citation device. This information is prepared annually as part of our CALEA report requirement to demonstrate that we as a department do not make ethnically bias based traffic stops. The 2019 ethnic breakdown of our traffic stops to include educational warnings and tickets (excluding DUI): ➢ 25.47% of our traffic stops were with persons of Hispanic ethnicity; 18.10% Hispanic males and 7.37% Hispanic females. This compares with 49% of our census population who report Hispanic heritage ➢ 46.03% of our traffic stops were with Caucasian males ➢ 22.01% of our traffic stops were with Caucasian females ➢ 0.78% were with African males ➢ .61% was with African American females Out of 1,949 traffic contacts there were zero complaints filed regarding unprofessionalism. Page 22 of 22 The 2018 Benchmark Cities Survey lists the average number of annual traffic citations per 1,000 citizens at 121. This compares with 62 citations per 1,000 citizens in Avon, which is well below the survey data average. ### Serving Avon for 40+ Years! Our Mission: “We serve to better our community” “Servimos para mejorar nuestra comunidad” Our Motto: “Count on Us” We serve to better our community Avon Police Department 2020 Organizational Chart We serve to better our community Who are we? Avon PD Recruitment video- https://www.youtube.com/watch?v=85-I9MM2uRI&feature=share Update and Notable Accomplishments of 2019 The 2019 Abbreviated Highlights-By the Numbers ❑20,213 Calls for service-4,850 dispatched calls, 15,146 self-initiated and 217 handled by dispatchers ❑668 crimes reported ❑703 incident reports taken with 490 follow up supplement reports ❑155 traffic accident reports ❑345 total custodial and summons/release arrests including 45 felony arrests ❑488 hours on foot patrol ❑467 hours on bike patrol ❑97 DUI/impaired driving arrests ❑1,949 traffic stops-1,423 ended up in an educational warnings, 302 citations/ summons issued ❑25.47% of our traffic stops were with persons of Hispanic ethnicity; 18.10% Hispanic males and 7.37% Hispanic females. This compares with 49% of our census population who report Hispanic heritage. 46.03% of our traffic stops were with Caucasian males. 22.01% of our traffic stops were with Caucasian females. 0.78% were with African males. .61% was with African American females. ❑Average 3:50 minutes response time to emergent calls versus 5:42 minutes per 2018 Annual Benchmark Cities Survey We serve to better our community CALEA National Accreditation was awarded in April 2016-We successfully completed the 4th year of new four (4)-year assessment in September 2019. We then completed our on site assessment in October 2019. We were virtually re-awarded our accreditation in March 2020. ❑181 Standards ❑Life, health and safety issues ❑Critical legal issues ❑Conditions that reduce risk and high liability exposure ❑Assessors inspect police operations ❑Smallest Agency in Colorado, and only one west of Denver (except for state wide agencies- Colorado State Patrol and the Colorado Bureau of Investigation) ❑Awarded CACP Accreditation-August 2012 ❑Fourth year of new four (4) year assessment, successfully completed September 2019 ❑Successfully completed the on site assessment in October 2019 The 2019 Abbreviated Highlights The 2019 Abbreviated Highlights The 2019 Abbreviated Highlights The 2019 Abbreviated Highlights The 2019 Abbreviated Highlights The 2019 Abbreviated Highlights The 2019 Abbreviated Highlights The 2019 Abbreviated Highlights 2019 Highlights ❑Successful planned and executed safe special events, Triple by Pass, Xterra, Bec Tri, Salute & Colorado Classic ❑Cohosted a countywide active shooter response training for nearly 200 first responders ❑Increased our social media presence to include over 3200 followers of the Police Department Facebook page ❑In 2019, we successfully recruited new two police officers, Gaspard and Sandoval. ❑Avon Police Officers and Detectives continue to collaborate with the Gore Range Narcotics Interdiction Team (GRANITE) ❑Successful fifth community resort policing ski patrol program for the 2019-2020 season. ❑APD with assistance from Public Works and Mobility planned and executed an evacuation exercise for the Wildridge subdivision. We conducted a mock evacuation on the June Creek/ Berry Creek access road with Town of Avon Public Works pickup trucks and used an Avon Mobility bus for evacuee transport. ❑Administrative Services Officer Krista Jaramillo was elected as president of the Rocky Mountain Accreditation Network (RMAN), our regional PAC for law enforcement CALEA accreditation. ❑Avon PD proudly participated in the 18th Anniversary of 9/11, Tri-Club Rotary Public Safety Recognition awards. Avon PD Officers Sgt. Benson, Sgt. Lovins, Sgt. Dammen and Officer Herrera were recognized in the “Call of the Year” for their part of a river rescue. 2019 Highlights ❑APD continue to partner in the Eagle County Special Operations Unit and in the Gore Range DUI Task Force. ❑APD SWAT operators participated in a joint training with the FBI Denver SWAT Team, to include hostage rescue from buildings and an open-air hostage rescue scenario. ❑Officer Corey Baldwin and School Resource Officer Eric Benson participated in a week long basic SWAT school hosted by the Greeley Police Department SWAT Team. This was a physically demanding week teaching the officers about high-risk SWAT operations and providing our patrol officers with some higher-level skills for dealing with those infrequent but high-risk situations that at times occur in our community. Corey and Eric put in that extra work and effort to be better able to protect our community and especially our elementary school. ❑We continue to participate in the countywide Law Enforcement Immigration Alliance, furthering relationships with our Latino community. ❑Avon PD has nine veterans out of 21 officers (two US Navy, two US Marines and five US Army). Our veterans have participated in various community veteran’s day education activities to include speaking at local schools. ❑Avon Police officers continue to deliver positive police interactions and education to the children at Avon Elementary. Officer Colleen Gaspard and Officer Bal Herrera fulfill the dual roles of police officers and School Resource Officer liaison s with the Avon Elementary School staff and continue to have a great working relationship with Principal Dana Harrison. 2019 Highlights ❑APD successfully hosted the 11th Annual Avon Police Citizen’s Academy. We hosted the 7th Annual Latino ❑Chief Greg Daly is the current board president and actively participates with The Speak Up Reach Out Suicide Prevention Coalition to prevent suicide in Eagle County by providing education, training, and hope. Chief Greg Daly also attends the Total Health Alliance, is a member of the ten person Mental Health Advisory Committee, advising the Eagle County Board of County Commissioners on spending the 1 A funds. He is also on the advisory board to Eagle Valley Behavioral Health. ❑Avon PD with partner agencies initiated a comprehensive a grid search between Loaded Joe's in Avon and the Tarnes in Beaver Creek for a missing 23-year-old Vail Resorts employee. We employed a drone as part of the search. The victim, Cole Greenfield was found deceased as a result ot the search. The face book post looking for any information into his whereabouts, received 124,222 people reached and 18,786 engagements, demonstrating the impact this young man had on our local community in the short time he was resident here in Eagle County. ❑We completed a climate action evaluation with Kim Schlaepfer, Project Manager with the Climate Action Collaborative at the Walking Mountains Science Center. As a result, we Introduced composting into the police department and improved upon our recycling program. The physical building, as a recently constructed building is pretty energy efficient with attendance lighting controls. ❑Chief Karl Bauer with the Eagle River Fire Protection District (ERFPD) awarded Sgt. Tyler Churches and Master Police Officer Mike Lundblade and an Engine 7 Company with a lifesaving award at the annual ERFPD awards night. Sgt. Churches and MPO Lundblade performed CPR and deployed an AED which helped to save a man’s life. 2019 Highlights ❑Avon PD officers assisted Colorado State Troopers during a traffic stop at Walgreens in Avon. The passenger in the U Haul rental truck produced a handgun while inside the vehicle, subsequently exited and brandished the weapon for nearly twelve (12) minutes. Troopers, two (2) Avon PD sergeants and a Sheriff’s Deputy tried to verbally deescalate the individual. He was instructed over 50 times to drop the weapon. Officers bravely deployed less lethal force to try and resolve the incident without lethal force. Unfortunately, after valiant attempts were made to resolve the situation, lethal force was used to sto p the incident. The Colorado Bureau of Investigation investigated the incident and presented the investigation to the 5th Judicial District Attorney’s Office for their evaluation. The District Attorneys declined prosecution of the trooper and concluded that the force was appropriate and reasonable given the circumstances as presented to the Troopers, Officers and Deputy. This was the fourth officer involved shooting on the I-70 corridor between Rifle and Idaho Springs in a six- month period where there was a fatality. ❑Avon PD contributed funds towards the backpack program at the Eagle County Detention Facility. The program is helping released individuals reintegrate back into the community. They are supplied with a backpack with some basic human living essentials to help them get back on their feet. It benefits all of us that these released persons who have served their sentences, have the opportunity to change their ways and become law abiding and contributing members of the community. 2019 Highlights ❑Pastor Nate and Pastor Michael from Calvary Church continue as our departmental chaplains. They provide both religious and secular counselling to our officers dealing with the stress and trauma of the profession. They both were called out as trauma assistance after the officer involved shooting at Walgreens. ❑Avon PD with our other law enforcement partners have engaged Code 4 Counselling out of Aurora to provide mental health services both from the resiliency and direct counselling services to our officers. They visit for two days per month and provide counselling services to officers throughout Eagle County. These services are currently provided though a state Department of Local Affairs funded grant. ❑Twenty-two (22) children from Avon Elementary School were escorted by Avon Police Officers on the “Shop with a Cop” event. The kids were given $100 to buy presents for their friends, family and for themselves. We shopped with the kids at Walmart and then bused over to the Four Seasons in Vail, where we assisted the kids in wrapping their presents. The kids were picked by AES school administration to participate in the event. We joined Vail PD Officers, Colorado State Troopers, Vail Fire Dept. with other kids from Redstone Elementary School. Thanks also to Jim and Eva from Avon Mobility/Transit for the return bus trips. Thanks to the Battle Mountain High School Boys Basketball team, Dance Team and Girls soccer team for helping to wrap the presents with the kids. Vail PD officers and Sgt. Eric Benson (Avon PD) coordinated and were integral to the success of this very special event. 2019 Highlights ❑Sgt. Jamison submitted the Avon Police Department for consideration in the national Destination Zero program at the National Law Enforcement Memorial and Museum in Washington D.C. The National Law Enforcement Officers Memorial Fund, in partnership with the United States Department of Justice’s Bureau of Justice Assistance, was seeking successful strategies that law enforcement agencies have developed and deployed to help keep officers safe and healthy. This initiative is one part of a continuing collaboration to improve officer safety and wellness. We didn’t win the competition, but we received the following email message… “One of your program submissions was a finalist in the category of General Officer Safety. You were among three agencies that made it to the final round. While your program was not selected as the winner, you and your organization should be proud of all you have accomplished in improving the safety and wellbeing of the officers of the Avon Police Department.” Larry Cecchettini, Senior Program Manager -Destination Zero, National Law Enforcement Memorial and Museum ❑Avon PD with assistance from the Eagle County Sheriff’s Office hosted the week-long biannual certification/recertification in our arrest control/defensive tactics Krav Maga system. Sixty-one (61) police officers/sheriff’s deputies from around the state, with the majority from the Western Slope competed the physically challenging week-long course. The course was primarily funded through the Colorado Police Officers and Standards Training board (POST). We train hard and smart to be always ready We endeavor to be best prepared police force to serve our community, for whatever may come! Active Shooter Response Training June 2019 at Old Avon Town Hall (OATH) We train hard and smart to be always ready Active Shooter Response Training June 2019 @ OATH II We train hard and smart to be always ready Active Shooter Response Training June 2019 @ OATH III Avon Officers completed a week long instructor certification course in Krav Maga Defensive Tactics and Arrest Control Avon PD-Part of Eagle County Special Operations We serve to better our community APD 2020 Work Plan includes day to day operational work and projects in the following areas. ❑Operations ❑Special Projects ❑Recruitment/ Hiring ❑Accreditation ❑Training ❑Special Events ❑Community engagement/ programming We serve to better our community Operations ➢Respond to 911 calls/ Traffic accidents 24/7/365 ➢Complete criminal and traffic accident investigations ➢Respond to mental health assistance calls ➢Parking enforcement ➢Proactive directed patrols to diminish criminal activity ➢Traffic safety ➢Animal control response ➢Front desk customer service/ fingerprinting/ VIN checks/ Records Requests ➢Report management, case submission to DA/ Municipal Court ➢Evidence management ➢Crime Analysis ➢Purchasing/ requisitions, Training & grant management ➢Court testimony/ DOR appearances ➢Major case investigations ➢DUI enforcement ➢Click it or Ticket ➢School Resource Officer program with Avon Elementary School ➢GRANITE drug task force ➢Six month Field Training Program for new officers ➢Plan and implement summer community response program for Nottingham Park start training in May to be ready for June ➢Bike patrol and foot patrol We serve to better our community Special Projects ➢New cars, purchase, graphics fit out ➢Tipsy taxi pilot program-in progress ➢Plan and lead countywide Active Shooter training in August at Old Town Hall ➢Participant in the steering committee for the Treetop Forensic Interview and Child Advocacy center for the 5th Judicial District. ➢New cars, purchase, graphics fit out ➢Tipsy taxi pilot program-in progress ➢Plan and lead countywide Active Shooter training in August at Old Town Hall ➢Wildland evac exercise ➢Participant in General Detective regional meetings ➢Colorado Model Traffic Code 2017 update (from 2010) ➢Fully implement drone program with at least four officers trained and qualified as Part 107 pilots ➢Microfiche and sleuth records migration Recruitment/ Hiring ➢Recruit the best ! Utilize recruitment video at every opportunity ➢Attend recruitment fairs at academies, high schools, job fairs, college fairs Accreditation ➢Complete end of year CALEA reports in recruitment, training, use of force, anti-bias, pursuit and forcible stopping, Professional Inquires, Active Shooter ➢Continue accreditation for new year four (4) assessment cycle. Update to the 6th edition ➢Krista Jaramillo is President for the Rocky Mountain Accreditation Network We serve to better our community Training (To keep our community, officers and staff safe and to comply with POST, Federal and CALEA requirements) ❖Quarterly firearms (rifle handgun)/, defensive tactics/ Krav Maga ❖Driving ❖Active shooter training ❖Monthly SOU training and forty (40) hour block in June ❖Plan for Krav Maga Instructor Recertification next February ❖Terrorism Liaison Officer ❖Basic Drug investigator school ❖Breacher training ❖SWAT schools for officers ❖Handgun Qualifications ❖Proper Restraint and Holds ❖Anti-Bias ❖Crisis Intervention Training /De-escalation ❖Community Policing and Partnerships ❖SFST Refresher ❖Less than lethal weapons-Taser/ Bean bag shotgun ❖Use of Force Policy ❖Essential Job Related Tasks Test-Fitness testing We serve to better our community Training continued ❖Legal Update ❖ICS/Emergency Operations Plan/All Hazards ❖CALEA Updates/ Search, Seizure and Arrest Policy ❖Infection Control / Bloodborne Pathogens ❖Pursuit Policy ❖Back and Fall Injury Prevention ❖Crisis Intervention Training ❖Force on force training ❖Animal Control ❖River Bridge Child Advocacy Center ❖Stop Sticks Immobilization Device ❖Slips Trips and Falls ❖Winter Driving ❖Bike Patrol Officer ❖Sexual Harassment ❖Below 100 ❖CST in-service ❖DRE in-service ❖Positional Asphyxia /Excited Delirium ❖Legal Update We serve to better our community Special Events Public Safety (to include Event action plans for larger more complex events) ➢Colorado Classic ➢Triple Bypass ➢Xterra ➢Bec Tri / Major League Tri ➢Man of the Cliff Community engagement/Programs ➢Coffee with a Cop ➢Tip a cop ➢Annual Polar Plunge ➢Torch Run ➢Ski with a cop ➢National night out (preparation, planning/ business & volunteer recruitment), National Night Out execution-rescheduled to October ➢Kids, Cops and Hoops ➢Latino Police Academy ➢Citizens Police Academy ➢Police Explorer POST 204 ➢Law Enforcement Beaver Creek Ski Program ➢Speak Up Reach Out ➢Eagle Valley Behavioral Health We serve to better our community Community engagement/Programs Continued ➢Participant in the steering committee of the Total Health Alliance for strategizing mental health funding priorities ➢Participant in the steering committee for the Treetop Forensic Interview and Child Advocacy center for the 5th Judicial District ➢Mental health advisory board to the Eagle County Board of County Commissioners ➢Quarterly Radio Tech Ops meeting ➢Quarterly meeting of Public Safety Council ➢Quarterly meeting of 800 MHZ radio governance board ➢Quarterly meeting of the Eagle County First Responder Fund ➢Quarterly meeting of countywide Law Enforcement Immigration Alliance ➢Quarterly RMAN meeting ➢Initiated and current participant in the “Paris” task force seeking countywide cross discipline collaborative strategies to further the safety and security of our new born population. ➢Bear aware campaign Fall ➢Continue to increase our social media presence, Currently over 3200 followers of the Police Department Facebook page. ➢Veterans Day activities. Avon PD has nine veterans out of 21 officers (two US Navy, two US Marines and five US Army). Our veterans have participated in various community veteran’s day education activities to include speaking at local schools. Officer Zepeda is the VFW Post Commander. ➢Town of Avon annual Liquor license meeting/ legal update/ Tipsy Taxi discussion and Sex Assault prevention education ➢Salvation army basket delivery ➢Shop with a Cop ➢Community active shooter response seminars ➢Community bank robbery response seminars We serve to better our community Community Response Officer Derek Lopez has been hired for the summer season until August 24, when he is scheduled to attend the police academy as our next police officer. Derek is bilingual. He is scheduled to start the week of June 4 after his training program. He will work Thursday, Friday, Saturday and Sunday (the busiest days at the beach) His primary mission will be visibility, a resource for questions and clarifications on park rules. He will be addressing dogs off leash but will not be requesting ID for that violation unless there is a concern. He will ask for IDs and clear for warrants for disorderly type offenses. His is not a lifeguard and individuals swim at their own risk in Nottingham Lake. He will monitor the use of stand-up paddle boards and will educate on use of personal floatation devices when appropriate. Use of Social Media and Community Collaboration-Dogs, Cats and Sheep! 2019 Leadership and Lifesaving Awards 2019 Tri Club Rotary Awards 3rd Advanced Ski Team- 2019 Colorado Peace Officers Ski Race 2019 St Baldrick's Coffee with a Cop Partnerships –2019 Beaver Creek Mountain Patrol School Resource Officer Program Kids, Cops and Hoops basketball program! and other school education programs Community Engagement/Reaching Out- Salvation army Empty Soups 2019 and Food Baskets Community Engagement-Women’s Self defense class Community Service & Engagement-Polar Plunge 2019 Community Engagement Community Engagement Life Saving Award from Eagle River Fire Community Engagement/Social Media/ Reaching Out –National Night Out 2019 2019 Wildridge Evacuation Exercise Community Engagement-Bike Patrol Community Engagement/Social Media/ Reaching Out –National Night Out 2019 Awards Community Engagement-Annual Liquor Licensing Meeting 2018 Tip a Cop-Fund Raising for Special Olympics-Lancelot Tip a Cop-Fund Raising for Special Olympics- Blue Plate Tip a Cop-Fund Raising for Special Olympics- Blue Plate II 2019 Colorado Special Olympics in Grand Junction 2019 Colorado Special Olympics Torch Run 2019 National Police Memorial Week Colorado Association of Chiefs of Police Law Enforcement Executive Certification 2019 Two new patrol sergeants New members to our family! Community Engagement-Meeting at the Aspens Mobile Home Park Community Engagement-Shop with A Cop 2019 2019 Citizen Police Academy Graduates 2019 Citizen Police Academy Graduates 2019 Latino Police Academy Graduates 2019 Latino Police Academy Graduates Any questions? Thank You/ Gracias (970) 748-4040 gdaly@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Greg Daly, Chief of Police RE: Avon Police Department Presentation and 2019 PD Awards DATE: May 26, 2020 SUMMARY: Honorable Mayor and Council, there are two elements to the Police Department presentation on Tuesday evening: • Avon Police Department Presentation (PowerPoint attached) • Presentation of Avon Police Department 2019 Awards PRESENTATION OF AVON POLICE DEPARTMENT 2019 AWARDS: As Chief of Police, it is with great pleasure and honor that I present the following Avon Police Department Awards for 2019 and for the first half of 2020. These awards are to recognize staff members, who have made exceptional and valiant individual contributions above and beyond their normal duties with the Avon Police Department. In addition, we are recognizing other first responders and community members for their contributions to the residents and guests of Avon. Medal of Honor – Highest award granted by APD for exemplary performance when faced with an active threat to any person(s) safety, including him/her, which could cause death or serious personal injury. The act must be in excess of normal demands and of such a nature that the member was fully aware of the imminent threat to his/her personal safety and acted above and beyond the call of duty at the imminent risk of his/her own life. Sergeant Eric Benson- For conspicuous gallantry and exemplary performance at the risk of his own life, above and beyond the call of duty. Sgt. Benson was the on-duty Patrol Sergeant on June 6, 2019. On that day the Eagle River was at peak runoff conditions. The river water level was high, and the current was very strong. At about 13:18 hours the Eagle River Fire Protection District requested that Avon Officers respond to the east side of Bob the Bridge on Avon road to assist with a rafter who had fallen out of a raft near the Eagle-Vail golf course and was currently in the river. Sergeant Eric Benson responded with lights and siren to the bridge. As he ran to the rear of his patrol car to obtain his water rescue gear from the trunk, he saw an object floating down the river, and could see that it was a rafter floating toward Bob the Bridge. Due to change of vehicles, there was not a personal flotation device in his vehicle. He ran down the bike path under the bridge to the west side of the bridge. He attempted to get close to the rafter to grab him, however, he was beyond reach. The rafter was face down in the water. Sergeant Benson ran west on the bike path toward a clearing in the bushes near the river`s edge and approached the water. There was a downed tree from the edge of the water extending out into the swift current. The rafter became entangled at the far end of the tree. Sergeant Benson, at great risk to his safety, walked out into the rushing current of the river toward the rafter who was still face down in the current. Due to the strong current, Sergeant Benson could not move any further as the water level was at his chest. He then climbed on top of the downed tree and crawled out even further into the strong current toward the rafter, grabbing the rafter and turning him face up. The rafter was unresponsive. The rafter’s body pressed against Sergeant Benson’s leg causing Sergeant Benson to become stuck. Sergeant Benson utilizing all of his physical strength struggled to keep the rafters head above the surging current. Shortly thereafter, Eagle River firefighters Page 2 of 6 arrived in a raft and began moving toward Sergeant Benson to assist, but the current made it challenging for them to get to the rafter. Eventually firefighters, additional officers and emergency medical technicians were able to get the rafter and Sergeant Benson onto shore. Lifesaving efforts were begun immediately but ultimately the person was declared deceased at Vail Health. By his undaunted courage, concern for others, and unwavering devotion to duty in the face of certain danger, Sergeant Benson reflected great credit upon himself and the Avon Police Department that day. Medal of Distinction – Granted to members for heroism above and beyond the call of duty when an imminent threat to his/her personal safety is likely. The act must be in excess of normal demands and of such a nature that the member was fully aware of the imminent threat to his/her personal safety and acted above and beyond the call of duty at the possible risk of his/her own l ife. Awarded to members involving a degree of bravery below the criteria for the Medal of Honor. Sergeant Matt Jamison, Sergeant Eric Benson, Colorado State Patrol Trooper Corporal Carrie Jackson, Trooper Joel Juenke, Trooper Scott Cunningham and Eagle County Sheriff’s Deputy Spencer O’Hara- For actions risking imminent threat to their personal safety and acting above and beyond the call of duty at the possible risk of their own lives as Avon Police Sergeants, Colorado State Troopers and as a Eagle County Sheriff’s Deputy on December 5, 2019. At about 20:20 hours that evening Colorado State Patrol (CSP) requested an agency assist on a traffic stop at the parking lot of the Walgreens pharmacy at 15 Sun Road in Avon, Colorado. Sergeants Eric Benson and Matt Jamison arrived on scene to discover that a male party was out in middle of the parking lot with a handgun pointed at his own neck. The front entrance to Walgreens was only a few seconds away from the suspect. There were five employees still inside the unlocked Walgreens. A driver of the stopped U-Haul truck was seated only about twelve (12) feet away from the suspect on the back of the vehicle they were travelling in. He had moved from the driver’s seat but insisted that he wasn’t able to move any further. The relationship between the suspect who was the passenger in the vehicle and the driver was immediately unknown, but the passenger was immobile and was not able to get out of the immediate line of fire of the suspect. There was a high volume of pedestrian traffic in the area that had gathered to watch the incident unfold. There was moving vehicle traffic on Avon and Sun Roads as well. The suspect party was making incoherent statements and appeared to be in an altered mental state (it was later determined that the suspect had very large amounts of methamphetamine in his system). Colorado State Patrol Trooper Corporal Carrie Jackson, Trooper Joel Juenke and Trooper Scott Cunningham ordered the party to drop the weapon multiple times. After arrival, Sergeant Benson began to employ his skills a qualified crisis intervention training officer and Sergeant Jamison, as a less lethal instructor for the department, deployed a less lethal shotgun which utilizes bean bag rounds. All officers on scene, verbally expressed to each other and to their respective dispatchers their concern for closing roads to protect passing motorists, their concern for the welfare of the Walgreens employees and their concern for driver of the stopped vehicle. Their actions also demonstrated a concern for the man with the weapon as the incident continued for over twelve (12) minutes. The officers, troopers and deputy were within the potential range of the handgun being displayed by the suspect in order to effectively use their combined conflict resolution tools. After approximately twelve (12) minutes and over fifty (50) requests by law enforcement for the suspect to drop or surrender the handgun Sergeant Jamison effectively employed his less lethal shotgun to de-escalate the situation after other efforts were not successful and due to the continuing risk to Walgreens staff, bystanders and motorists. However, lethal fire had to utilized in order to stop the immediate threat to the Walgreens employees, to passing motorists, to the general public and to their fellow officers. During the use of force, the suspect pointed his firearm at Sergeant Jamison and at an Eagle County Sheriff’s Deputy O’Hara who was also on Page 3 of 6 scene. The loss of any person’s life is always unfortunate, but this man had left the officers with no option at that point in their interaction with him. The officers on scene provided immediate lifesaving care but ultimately the suspect was declared deceased at Vail Health. By their undaunted courage, concern for others, and unwavering devotion to duty in the face of certain danger, Avon PD Sergeant Matt Jamison, Avon PD Sergeant Eric Benson, Colorado State Patrol Trooper Corporal Carrie Jackson, Trooper Joel Juenke, Trooper Scott Cunningham and Eagle County Sheriff’s Deputy Spencer O’Hara reflected great credit upon themselves, the Avon Police Department, the Colorado State Patrol and the Eagle County Sheriff’s Office on that day. Lifesaving Medal – Awarded to members directly responsible for saving/prolonging a human life. (Extended by days or weeks) Sergeant Tyler Churches, Master Police Officer Mike Lundblade and Eagle River Fire Engine 7C, Fire Engineers Joel Frederick and Bryan Nagle, and Firefighters Cade Bertrand and Kyle Maine- For actions resulting in the saving and prolonging a human life on April 10, 2019. At about 14:03 hours dispatch notified Avon Officers that a male party was at his residence, unconscious and not breathing. Master Police Officer Mike Lundblade and Sergeant Tyler Churches responded to the scene. MPO Lundblade began high quality chest compressions as Sergeant Churches connected an AED to the unconscious male party. In conjunction with efforts of Eagle River Fire Protection District Engine 7C’s EMT crew for nearly sixteen minutes, these efforts were successful, and the male party was transported to Vail Health for advanced medical treatment where he recovered. MPO Lundblade and Sergeant Churches reflected great credit upon themselves and the Avon Police Department that day. Eagle River Fire Engine 7C, Firefighters Joel Frederick, Bryan Nagle, Cade Bertrand and Kyle Maine reflected great credit upon themselves and the Eagle River Fire Protection District. Leadership Excellence – Recognition of outstanding leadership during a major incident or over a period of time. • For outstanding leadership during a major incident (COVID-19 pandemic)- To Eric Heil Town Manager, and Scott Wright Assistant Town Manager and Finance Director. This award recognizes and acknowledges your collective leadership, vision and willingness to change the paradigm that existed at the beginning of March to address the COVID-19 pandemic as it unfolded in the town of Avon and across Eagle County. We value and respect your exceptional skill, dedication and professionalism. We are grateful for your vital contribution to working with both internal and external groups in this unprecedented national crisis for the betterment of the town. We value your care and compassion for the employees of the Town of Avon as evidenced through multiple conversations, emails , meal vouchers and pep talks. You both have displayed calmness, intelligence, vision, tact, diplomacy, leadership, decisiveness and responsibility during this time of uncertainty. However, of greater importance would be the list of intangibles that you have shown as the mark of a true leader of any organization: caring, respect, humility, commitment, dedication, humor, honesty, integrity, empathy, transparency, hard work and resiliency. You are both a credit to the Town of Avon. • For outstanding leadership during a major incident (Natural gas leak fire)- To Field Training Officer and School Resource Officer Bal Herrera for his actions while responding to a fire initiated by a natural gas line rupture on December 18, 2019. His actions of evacuating a day care facility and multiple apartment buildings directly next to this large fire were exemplary. Additionally, having the presence of Page 4 of 6 mind to think beyond the immediate needs and knowing that command wasn’t on scene yet, he began the process of sending out emergency notifications, setting up staging ar eas, establishing perimeters, starting up evacuation transportation and designating a shelter location. Officer Herrera’s outstanding leadership during this incident prior to command staff arrival ultimately resulted in zero loss of life or injury and reflected great credit upon himself and the Avon Police Department. • To Officer Corey Baldwin and Detective Toby Baldwin for their extraordinary creating, coordination and contribution to the success of the Avon Police Department’s physical fitness program. Their creation, the “APD FIT” physical fitness program consisted on various hero WODs (workouts of the day) based on the favorite workouts of fallen heroes in the first responder community and the military. Forty-two (42) members of the law enforcement and first responder community from 9 different agencies participated in staying fit. They created a Group Me community where all participants shared a photo of their completed workout with times and work completed. Officer Baldwin gave continued words of encouragement to all participants throughout the twelve (12) weeks of the program. This program creates team building, comradery and lasting relationships with our fellow responder community while remembering those who made the ultimate sacrifice in service to their fellow man. This was the second year of the program. Chief’s Community Partnership Award – May be awarded to sworn and / or civilian member(s) for demonstrating outstanding commitment to the community and law enforcement profession through acts and accomplishments that promote a positive interaction between the citizens of Avon and law enforcement. • Member must demonstrate a significant and positive impact upon the community as a result of voluntary active involvement in community projects and / or education, outside of their law enforcement duties, that have improved the community as a whole. • Member must also demonstrate exemplary service, conduct, and performance of duties over a period of time that strengthens the Avon Police Department and the law enforcement profession. For our medical providers, these awards recognize and acknowledge your collective leadership, vision and willingness to change the medical response paradigm that existed in Eagle County at the beginning of March to address the COVID-19 pandemic as it unfolded. Your collective passion has resulted in stemming the COVID battle although we have not yet won the war. You have worked extremely long stressful hours, at times on the front lines, putting your own health at risk to care for our community. In addition, you have made courageous decisions, collectively worked diligently together across the county with regard to a countywide response to this crisis and in working together, you have all saved lives. We remember the lives that have been lost to this cruel and nondiscriminatory virus but tonight we celebrate the many lives that have been saved. This award recognizes the many patients that had been cared for in their homes, in your medical facilities and through thorough contact tracing, quarantine and isolation of suspected COVID cases. On behalf of the citizens and residents of the Town of Avon and from the men and women of the Avon Police Department, THANK YOU! To: ➢ Eagle County Public Health- particular note to Jeff Schroll, County Manager, Fernando Hernandez Deputy County Manager, Kelley Collier, Deputy County Manager, Heath Harmon, Public Health Director, Rebecca Larson, Deputy Director of Health, Jackie Hammel, Public Health, Birch Barron, County Emergency Manager, Megan Burch, Director of Human Services, Abby Dallmann Special Page 5 of 6 Projects, Kris Widlak, Director of Communications, Adam Palmer and Morgan Beryl, Economic Recovery, Kim Goodrich and all of Eagle County Government Staff ➢ Vail Health- Will Cooke, Chief Executive Officer, Chris Lindley, COVID response team leader/ epidemiologist, Dr. Bock, CEO Colorado Mountain Medical and the staff at Avon Urgent Care, Vail Hospital and Colorado Mountain Medical. ➢ Doctors on Call- Dr. Guy and Jill Kovacevich and their staff ➢ Eagle County Paramedic Services- Chief Executive Officer Chris Montera, Pete Brandes, Chief Operating Officer and staff at Eagle County Paramedic Services For Tsu Wolin-Brown, the staff and the volunteers at the Vail Valley Salvation Army, this award recognizes and acknowledges your collective leadership, vision and willingness to serve both the Avon Community and the Eagle County community at large in this unprecedented pandemic. This award recognizes the thousands of community members that have been fed and cared for by your staff and volunteers. On behalf of the citizens and residents of the Town of Avon and from the men and women of the Avon Police Department, THANK YOU! We would like to commend all of the other staff who were on the front lines in grocery stores and restaurants and those working and volunteering in nonprofits and government organizations who were providing food and services to the needy. Too many to name but “THANK YOU” from the Men and Women of the Avon Police Department. Department Teamwork Citation – For a group of employees that came together as a team and achieved exceptional results relating to a specific incident or event. ➢ To the men and women of the Avon Police Department- For their outstanding performance, attention to detail, commitment to community safety and resourcefulness in a difficult police operation. During the COVID-19 response they are recognized for their flexibility and having worked extremely long stressful hours, at times on the front lines, putting their own health at risk to care for our community. Due to their quick response, work with other first responder agencies and willingness to help others, their actions during this national emergency contributed to the overall resiliency of the Town of Avon. You are a true credit to Avon and the law enforcement profession . ➢ To Sergeant Jonathan Lovins, Sergeant Ken Dammen and Officer Bal Herrera - For their outstanding performance, attention to detail, commitment to community safety and resourcefulness in a difficult police operation. They are recognized for their response to a river rescue of a rafter in the river on June 6, 2019. Due to their, quick response, work with other first responder agencies, willingness to help others and assisting an officer in jeopardy their actions that day contributed to the overall team efforts in the rescue attempt. You are a true credit to Avon and the law enforcement profession. Citizen’s Award of Commendation – An award presented to a citizen who tangibly and conspicuously provides outstanding assistance to the agency. JoAnn Baldwin- For her tangible and conspicuous assistance to the Avon Police Department and the Town of Avon. On March 20, 2020, Detective Baldwin was commuting to work and came upon a serious motor Page 6 of 6 vehicle accident at MM159 Eastbound Interstate 70. He stopped to render aid. He asked if anyone was injured and was informed that driver of a pickup was seriously injured and was bleeding from the head. Detective Baldwin ran up to the pickup and a Good Samaritan was applying emergency first aid to the driver of the pickup. He asked her what was wrong, and she informed him that he had a serious head injury. The driver was conscious and was speaking in Spanish. Det. Baldwin noticed that the Good Samaritan did not have gloves and he advised her that he was going to get his first aid kit and get some gloves. This is when he noticed that the Good Samaritan was Avon Police Officer Corey Baldwin’s wife, and his sister-in-law, JoAnn Baldwin. He ran back to his car and retrieved the first aid kit and a blanket for the victim. They both donned gloves and JoAnn Baldwin continued administering emergency first aid to the driver while he handed her items from his first aid kit. JoAnn continued to calm the victim and urged him not to move. While administering first aid to the driver of the pickup six more cars crashed as they were coming towards them. JoAnn Baldwin did not move and continued to provide first aid to the driver of the pickup. Det. Baldwin ran back to the check on the drivers of the other six vehicles who had just crashed. Fire and EMS arrived within approximately 10 to 15 minutes of Det. Baldwin’s arrival and took over care of the driver of the pickup. The pickup driver was eventually transported to Vail Health for further medical treatment. JoAnn Baldwin was not involved in the initial accident and selflessly stopped to render aid. Mrs. JoAnn Baldwin is are a true credit to herself, to her family and to the Avon PD family. ATTACHMENTS: Avon Police Department PowerPoint Presentation Thank you, Chief Greg Daly ### 970 748 4049 gdaly@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Greg Daly, Chief of Police RE: 1. Current police fleet make up and why 2. Financial process for replacing PD vehicles 3. 2021 request for two additional vehicles for recently approved sergeant positions and why 4. Discussion of current carbon uses, and future vehicle fleet make up DATE: May 26, 2020 SUMMARY: This an information report for a work session regarding the current police fleet make up and why, the financial process for replacing PD vehicles, information regarding a 2021 request for two additional vehicles for recently approved sergeant positions and finally a discussion of current carbon uses, and future vehicle fleet make up. This is submitted as a written report and provides options for Council consideration. Council direction will be much appreciated. BACKGROUND: The current Avon Police Department fleet structure has been in place for over twenty years. 1. Current police fleet make up and why: I have attached a graphic for the current police fleet (see Attachment A.) In summary, the Avon PD fleet is made up as follows; ➢ Six (6) patrol vehicles that are shared by 12 patrol officers. Throughout the year, at least one to two vehicles are down at any particular time for maintenance work, vehicle repair or manufacturer recall work. ➢ Nine (9) individual emergency response vehicles are assigned to the Chief, Deputy Chief, Detective Sergeant, Detective, four (4) patrol sergeants (two (2) are current holdover cars) and part-time sergeant/ training travel car (another 3rd holdover vehicle) ➢ One (1) community response officer hybrid vehicle Individual vehicles are assigned to supervisors and detectives who have extensive on call responsibilities. Avon PD supervisors/ detectives are not financially compensated for their considerable on call availability. All APD command staff, sergeants and detectives live on the west end of Eagle county, in the towns of Eagle and Gypsum. There is only one Avon PD officer who lives within the Avon town limits. Historically, police officers have not been able to afford to live in the Avon or Edwards areas. In addition to on call responsibilities, four (4) Avon PD supervisors and two (2) officers participate in the multi-agency, countywide, Eagle County Special Operations Unit. Officers when called out for a critical incident may have to respond from home with all of their SWAT response equipment to anywhere in the county to include Avon, Vail, Edwards, Redcliff, McCoy/Bond to Basalt/ El Jebel. Supervisors and detectives attend multiple meetings across the county and across the state. We had a Toyota Rav 4 vehicle for the community response officer for both summer and winter duties. However, Sgt. Dammen was recently driving the Rav 4 on Eastbound Interstate 70. He stopped behind a Page 2 of 8 stuck semi-tractor and trailer (the semi couldn’t make it up the hill due to snow conditions) Another vehicle crashed into the rear of the Rav 4. The other vehicle was driving between 30-40 miles per hour. Sgt. Dammen was initially injured but thankfully has no long-term effects. The Rav 4 has been fully written off by CIRSA insurance due to the extensive damage. PD, Fleet, Finance and Town Manager analyzed the best replacement hybrid vehicle for this operational need. As a result of research, we have ordered a Ford Interceptor Hybrid as a replacement vehicle for the Rav 4, incorporating a safer vehicle yet with the fuel savings/ lower carbon emission of a hybrid. Eagle County Sheriff’s Office, Colorado State Patrol and Eagle PD have a “one to one” take home policy for their line level officers, supervisors/detectives and command staff. Vail PD in 2020 have held over 5 patrol vehicles as a pilot for a department wide take home program. One to one car plans are a nationally proven recruitment and retention tools for law enforcement. An additional benefit of the take home cars is the ability to transport the extensive amount of emergency response and crime scene investigation equipment that each supervisor/ sergeant/ detective carries in their vehicles. Some examples of afterhours emergency response/ call outs from detectives/ sergeants/ deputy chiefs and chief’s residences with individually assigned vehicles include; ➢ Response to the Chambertin fire ➢ Response to the hash oil fire at Beacon Hill ➢ Response to the Beaver Bench Fires x 2 ➢ Response to the stabbing on the ECO trail behind the Westin ➢ Response to the Walgreens officer involved shooting ➢ Response to the gas leak/fire at Eagle Bend Apartments ➢ Natural gas leak at Buffalo Ridge Apartments ➢ Structure fire on West Beaver Boulevard ➢ Mud slides on Nottingham Road ➢ Home invasion, assault & robbery ➢ Multiple suicide investigations ➢ Armed robberies ➢ Unattended death investigations ➢ Homicide investigations- two babies and two adults ➢ River rescues/ recovery ➢ Recent missing overdue party that ended up as an unattended death investigation ➢ SWAT events to include shootings, barricades, homicides and a recent hostage rescue incident ➢ Response to shots fired at Eagle Bend Phase III - sergeant was on his way in to work and Chief Daly responded from home. They were both able to respond emergent to the scene in PD assigned vehicles The Avon PD’s success in responding, investigating and solving crimes in Avon has been the Avon PD ethic of “One team, all hands-on deck” with as many available supervisors/ detectives responding to Avon for major incidents/ events/ cases in order to solve crimes, prosecute criminals and get justice for our victims. Page 3 of 8 2. Financial process for replacing PD vehicles: The Town of Avon has a capital replacement schedule for all vehicle replacements. Each Town of Avon department (with assigned vehicles) budget is debited an annual aggregate amount of replacement costs for each vehicle spread out over a five- or six-year period and is transferred into the Capital Equipment Replacement Fund (CERF) fund (see Attachment B). The 2019 aggregate vehicle replacement charge to the PD was $94,821 and the 2020 charge is also $94,821. However, the 2020 charge has been deferred because of COIVD. Some of the vehicles are due to be replaced after five (5) years and some vehicles are replaced after six (6) years depending on their operational use. Per the current replacement schedule there were two (2) PD vehicles to be replaced in 2020. However due to several factors, staff decided to move the purchase of these two (2) vehicles into January 2021 prior to the COVID deferrals. The factors include that the Chevy Tahoe body is to be updated in late 2020 and the evaluation of moving to a Ford Hybrid SUV model versus the current Chevy Tahoe program. The “hold over” cars are vehicles that have been bought and paid for and per our replacement schedule are to be retired from PD fleet. Historically, the holdover vehicles had been handed down to other departments to include public works, recreation and general town government. However, recent analysis of the towns overall fleet has determined that there are better value/ better carbon reductions, to sell the retired PD cars and purchase new hybrid vehicles for other town departments for their respective operational needs. A lot of other departments don’t necessarily need the larger PD SUVs for operational needs. Depending on the year, mileage, service hours on the vehicle, TOA can recoup between $5,000 and $10,000 at auction for the sale of the retired PD vehicles. However due to current PD needs, we hold over vehicles to address current operational needs. 3. 2021 request for two additional vehicles for recently approved sergeant positions and why: We are currently holding over two (2) patrol vehicles that were up for replacement on the vehicle replacement schedule for 2020, vehicles 346 and 348. The rationale for these “holdover’ vehicles is to provide take home emergency response vehicles to our two new patrol sergeants, positions that were approved by council within the 2019 budget. The new sergeants have been sergeants since January 2019. Our patrol sergeants are subject to covering on call for their patrol squads and for other patrol squads when that sergeant is on vacation, training or sick leave. These sergeants while they drive home or drive into work may have to respond to an emergency incident within the Town of Avon or at times assist with an I-70 accident. Finally, with individual take home vehicles, these sergeants have an increased ability to respond to major incidents in Avon, in fleet maintained emergency response vehicles with all of their assigned emergency equipment on their days off. Currently the other two patrol sergeants have assigned take home patrol vehicles. Eagle County Sheriff’s Office, Eagle Police and the Colorado State Patrol supervisors all have take home vehicles. As previously mentioned, Vail PD is currently piloting a take home car policy for all police officers. Vail PD is holding over 5 cars in 2020 in order to expand their fleet. The 2021 budget request will be to add two additional sergeant vehicles to our fleet for these two (2) newer sergeant positions. This can be accomplished in one of two ways; A. A budget request in 2021 for two new vehicles at approximately $56,000 per vehicle, for a total of $112,000. or Page 4 of 8 B. Save the purchase price over 2021, 2022 and 2023. The sergeants would drive the older holdover vehicles until 2023. The estimated additional budget charges would be $15,333 per year per vehicle, with a potential $5,000 to $10,000 resale value for the two (2) hold over vehicles that the sergeants would drive until 2023. If the value of selling a used patrol vehicle is approximately $10,000, then we would need to budget for $46,000 to make the $56,000 in 2023 ($15,333 per year per vehicle over the next three years). An off set to this budget increase request, would be to increase the replacement years for some of our patrol fleet from five years to six years. This would apply to vehicles that are individually assigned to Chief/ Deputy Chief/ Det. Sergeant and Detective. There is a lot of research available that one on one car assignments result in better condition of vehicles and longer life of same vehicles. I would not recommend going beyond six years, as the vehicles can become worn out and we reach a teeter point for achieving a better resale value for the used vehicles. The remainder of the vehicles, all black and white patrol vehicles would be moved to a five (5) year replacement schedule (some were at a four (4) year schedule) 4. Discussion of current carbon uses, and future vehicle fleet make up: The Police department fleet is currently made up of the Chevrolet Tahoe’s with one Toyota Rav 4. The Tahoe’s are tough well-built vehicles that has served the Avon Police Department well for over twenty (20) years. In recent years, Avon officers were involved in two pretty substantial collisions. The first collision resulted in a Tahoe colliding with a lamp pole and a street sign. The Tahoe was extensively damaged and ultimately written off, but the officer walked away without any injuries. The second collision was a rear end collision and the vehicle sustained substantial front-end damage but again the officer walked away without injury. The Chevy Tahoe is one of the last vehicles “body on frame” built on a steel frame. APD Tahoe’s are police pursuit vehicles (PPV) and differ from the civilian version in that it has a different suspension and braking system. Chevy came out with a pursuit rated four (4)-wheel drive Tahoe and APD has transitioned to a majority of the PPV vehicles providing increased safety to officers whilst driving at higher emergency response speeds. Chevy is not apparently producing a hybrid pursuit rated 4 -wheel drive SUV in the near future. They have a civilian (but not pursuit rated) hybrid model. Ford have produced a hybrid inceptor SUV. The hybrid inceptor is a smaller SUV than the Chevy Tahoe. A transition to the Ford Hybrid from the Tahoe would equate to approximately 250 gallons of fuel save (based on 12,000 miles per year), approximately $687.50 cash savings annually with an equivalent reduction of 2.25 metric tonnes of carbon emission (.009 metric tonnes of carbon per 1 gallon of gasoline per EPA website) Page 5 of 8 The Michigan State Police conduct very comprehensive testing on police service vehicles on an annual basis. The Police Vehicle Evaluation Model Year 2020 publication and Chevrolet Tahoe New Dimensions produced the following data; Chevy Tahoe PPV 5.3L 4WD Ford Inceptor 3.3L Hybrid AWD Interior Volume Front volume 68.3 cu. ft. 59.7 cu. ft. Rear volume 56.9 cu. ft. 58.4 cu. ft. Combined 120.7 cu. ft. passenger volume 118.0 cu. ft. Trunk 54.0 cu. ft. behind second row seats, 112.1 cu. ft. behind first row seats 52 cu. ft. Maximum payload capacity (including passengers) 1,628 lbs. with 40/40 front seats 1,670 lbs. EPA Mileage Est. (MPG) City 14 23 Highway 20 24 Combined 16 24 Average fuel cost based on 12,000 miles per year at an average gas cost of $2.75 per gallon, based on the combined EPA mileage $2,062.50 $1,375 General Measurements Wheelbase 120.9 inches 119.1 inches Length 210.7 inches 198.8 inches Height 75.8 inches 69.2 inches Page 6 of 8 Brake system Heavy duty 4-wheel anti-lock & rear disc with vacuum boost Power- dual piston calipers front, single piston calipers rear, 4 circuit ABS FINANCIAL CONSIDERATIONS: To increase the fleet by two (2) vehicles can be completed by a once off budget request of $112,000 or spread over a 3-year period, 2021, 2022 and 2023 @ $30,666 per year (with a residual sale value of $10,000 for each of the two (2) current holdover vehicles in 2023) OPTIONS: 1. Increase PD fleet permanently by two (2) vehicles for the two (2) 2019 approved patrol sergeant positions either by (a) purchase two (2) new vehicles in 2021 out of general fund (b) purchase two (2) new vehicles in 2021 from CERF fund (b) save over next three (3) years, 2021, 2022 and 2023 to purchase the same two (2) new vehicles. 2. Do not purchase new cars and the two (2) new sergeants permanently drive retired/holdover vehicles 3. Migrate all vehicles to Ford Hybrid Interceptor SUV’s for some moderate gas savings/ carbon emission savings, on a staggered basis, to ensure the new Fords will live up to the marketing and will operate efficiently for APD operational needs. 4. Maintain the Chevy Tahoe for patrol response vehicles and migrate to Ford Hybrids for all other vehicles to include Chief/ Deputy Chief/ Det. Sergeant/ Detective and Patrol Sergeants. Chief of Police and Fleet Director to collaborate on fleet composition based on operational needs. RECOMMENDATION: I recommend that we purchase two (2) new vehicles for sergeants that were appointed/approved in 2019. I recommend that we initially purchase one (1) or two (2) Ford Hybrid Police Interceptors and evaluate how they perform in Avon conditions; particularly can they successfully make it up to Wildridge/ Wildwood and Mountainstar when we have a big snowstorm and the roads have not been plowed. PROPOSED MOTION: No motion, but council direction will be appreciated in a work session. Thank you, Chief Greg Daly ### Page 7 of 8 ATTACHMENTS: Attachment A Patrol Operations; 6 vehicles for 12 patrol officers 351 353 355 358 359 360 -C. Baldwin 603 -Peck 602 -Zepeda 608 -Sandoval 606 -Gaspard 605 -Herrera 609 -Stamp 617 -Just hired, going to Breck academy end April -Hernandez 612 -Lundblade 614 -Mackey 617 -Hines 616 (in academy) Patrol Sergeants x 4 Community response/Part time sergeant & travel car 357 349 348 346 356 (RAV4) 347 -Jamison 604 Sergeant 1 (On call) -Holmstrom 613 Sergeant 2 (On call) -Benson 601 Sergeant 3 (On call) Currently using a holdover of retired PD vehicle 348 -Churches 615 Sergeant 4 (On call) Currently using a holdover of retired PD vehicle 346 -Community Response Officer (Summer and winter parking enforcement) -Dammen 610 Carry over (Retired PD vehicle) used by part time sergeant (on call) and also used for travel car to trainings Page 8 of 8 Detective/Detective Sergeant Chief/ Deputy Chief 362 361 352 354 -Det. T. Baldwin 611 (On call) -Detective Sgt. Lovins 607 (On call) -Chief Daly 600 (On call) -Deputy Chief Cosper 618 (On call) Attachment B Amended Capital Equipment Replacement Fund Schedule Total Orig.Orig.Est.Net Accumulated Accum.Est. Asset Date Replace.Estimated Replace.COVID Salvage Book Rentals Replace.Replace. Category Dept.Prog.ID#Unit #Item Description Year Make Model Acquired Year Life Year Adjustment Cost Value Value 2017 2018 2019 2020 2021 2022 Cost Inflation Cost Follow-up VEHICLES Police Dept. Police Admin 66501 310 312 18002 354 Chevy Tahoe 2018 Chevrolet Tahoe 03/02/18 2018 6 2022 2024 47,446 5,000 42,446 - - 14,000 14,000 14,000 14,000 56,000 112.55%56,000 2018 Purchase 66501 310 311 2229 352 Utility 4X4 2016 Chevrolet Tahoe 08/19/16 2016 6 2022 2022 51,289 5,128 46,161 - 11,223 11,223 11,223 11,223 11,223 56,114 119.41%56,114 98,735 - 11,223 25,223 25,223 25,223 25,223 112,114 112,114 Police Patrol 66501 310 312 1649 Radar 2012 Kustom SignalsGolden Eagle II 12/14/12 5 2,229 - 2,229 66501 310 312 1650 Radar 2012 Kustom SignalsGolden Eagle II 12/14/12 5 2,229 - 2,229 66501 310 312 1406 341 Tahoe- unmarked2011 Chevrolet Tahoe 06/17/11 2015 4 2019 Replaced 38,513 4,000 34,513 35,072 4,858 4,858 - - - 44,787 126.68%44,787 66501 310 312 1574 342 Tahoe- B/W 2012 Chevrolet Tahoe 05/04/12 2016 4 2019 Replaced 43,323 4,000 39,323 34,592 7,345 7,345 - - - 49,282 122.99%49,282 Possible CMC Deal 66501 310 312 1679 346 Utility 4X4- B/W 2013 Chevrolet Tahoe 06/14/13 2017 4 2019 Replaced 38,998 3,900 35,098 31,933 5,366 5,366 - - - 42,666 119.41%42,666 Holdover car for Sgt. Churches 66501 310 312 2035 348 Chevy Tahoe 2015 Chevrolet Tahoe 07/10/15 2015 6 2022 2021 49,966 4,996 44,970 25,837 6,124 6,124 6,124 6,124 - 50,332 122.99%56,456 66501 310 312 2036 349 Chevy Tahoe 2015 Chevrolet Tahoe 07/10/15 2015 6 2022 2021 49,966 4,996 44,970 25,837 6,124 6,124 6,124 6,124 - 50,332 122.99%56,456 66501 310 312 2040 350 Chevy Tahoe 2015 Chevrolet Tahoe 07/10/15 2020 5 2018 Totaled 49,966 4,996 44,970 25,838 (3,985) - - - - 21,853 109.27%49,603 Totaled, Replaced in 2018 66501 310 312 2037 351 Chevy Tahoe 2015 Chevrolet Tahoe 07/10/15 2015 6 2021 2021 49,966 4,996 44,970 25,838 7,207 7,207 7,207 7,207 - 54,666 119.41%54,666 66501 310 312 18006 355 Chevy Tahoe 2018 Chevrolet Tahoe 03/02/18 2018 5 2023 2023 51,504 5,000 46,504 - - 10,941 10,941 10,941 10,941 43,766 115.93%54,707 2018 Purchase 66501 310 312 18004 356 Utility 4X4 Hybrid / Volunteer2019Toyota Rav 4 Hybrid 06/28/18 2019 6 2025 Totaled 31,843 4,000 27,843 - - -4,860 4,860 4,860 14,581 119.41%34,022 2018 Purchase 66501 310 312 19???357 Chevy Tahoe 2019 Chevrolet Tahoe 2/15/2019 2019 5 2023 2024 50,741 5,074 45,667 - - - 10,407 10,407 10,407 31,221 112.55%52,035 66501 310 312 19???358 Chevy Tahoe 2019 Chevrolet Tahoe 2/15/2019 2019 5 2023 2024 50,694 5,069 45,624 - - - 10,397 10,397 10,397 31,192 112.55%51,987 66501 310 312 19???359 Chevy Tahoe 2019 Chevrolet Tahoe 2/15/2019 2019 5 2023 2024 50,694 5,069 45,624 - - - 10,397 10,397 10,397 31,192 112.55%51,987 66501 310 312 19???360 Chevy Tahoe 2019 Chevrolet Tahoe 2/15/2019 2019 5 2023 2024 50,694 5,069 45,624 - - - 10,397 10,397 10,397 31,192 112.55%51,987 408,503 204,947 33,038 47,965 35,256 35,256 15,802 372,265 442,645 Police Investigations 66501 310 313 1861 347 Utility 4X4-unmarked2013 Chevrolet Tahoe 02/21/14 2019 6 2019 Replaced 32,500 3,720 28,780 18,944 8,071 8,071 - - - 35,087 119.41%35,087 Holdover car for Sgt. Dammen 66501 310 313 19???361 Chevy Tahoe 2019 Chevrolet Tahoe 2/15/2019 2019 6 2023 2025 46,852 4,685 42,167 - - - 9,609 9,609 9,609 28,828 112.55%48,047 66501 310 313 19???362 Chevy Tahoe 2019 Chevrolet Tahoe 5/2/2019 2019 6 2023 2025 46,852 4,685 42,167 - - - 9,609 9,609 9,609 28,828 112.55% 48,047 126,204 18,944 8,071 8,071 19,219 19,219 19,219 92,743 131,181 Department Total 633,442 223,891 52,332 81,259 79,698 79,698 60,243 577,121 685,939 Attachment B B Total Orig.Orig.Est.Net Accumulated Accum.Est. Asset Date Replace.Estimated Replace.COVID Salvage Book Rentals Replace.Replace. Category Dept.Prog.ID#Unit #Item Description Year Make Model Acquired Year Life Year Adjustment Cost Value Value 2017 2018 2019 2020 2021 2022 Cost Inflation Cost Follow-up VEHICLES Police Dept. Police Admin x 66501 310 312 18002 354 Chevy Tahoe 2018 Chevrolet Tahoe 03/02/18 2018 6 2022 2024 47,446 5,000 42,446 - - 14,000 14,000 14,000 14,000 56,000 112.55%56,000 2018 Purchase x 66501 310 311 2229 352 Utility 4X4 2016 Chevrolet Tahoe 08/19/16 2016 6 2022 2022 51,289 5,128 46,161 - 11,223 11,223 11,223 11,223 11,223 56,114 119.41%56,114 98,735 - 11,223 25,223 25,223 25,223 25,223 112,114 112,114 Police Patrol x 66501 310 312 1649 Radar 2012 Kustom SignalsGolden Eagle II 12/14/12 5 2,229 - 2,229 x 66501 310 312 1650 Radar 2012 Kustom SignalsGolden Eagle II 12/14/12 5 2,229 - 2,229 x 66501 310 312 1406 341 Tahoe- unmarked 2011 Chevrolet Tahoe 06/17/11 2015 4 2019 Replaced 38,513 4,000 34,513 35,072 4,858 4,858 - - - 44,787 126.68%44,787 x 66501 310 312 1574 342 Tahoe- B/W 2012 Chevrolet Tahoe 05/04/12 2016 4 2019 Replaced 43,323 4,000 39,323 34,592 7,345 7,345 - - - 49,282 122.99%49,282 Possible CMC Deal x 66501 310 312 1679 346 Utility 4X4- B/W 2013 Chevrolet Tahoe 06/14/13 2017 4 2019 Replaced 38,998 3,900 35,098 31,933 5,366 5,366 - - - 42,666 119.41%42,666 Holdover car for Sgt. Churches x 66501 310 312 2035 348 Chevy Tahoe 2015 Chevrolet Tahoe 07/10/15 2015 6 2022 2021 49,966 4,996 44,970 25,837 6,124 6,124 6,124 6,124 - 50,332 122.99%56,456 x 66501 310 312 2036 349 Chevy Tahoe 2015 Chevrolet Tahoe 07/10/15 2015 6 2022 2021 49,966 4,996 44,970 25,837 6,124 6,124 6,124 6,124 - 50,332 122.99%56,456 x 66501 310 312 2040 350 Chevy Tahoe 2015 Chevrolet Tahoe 07/10/15 2020 5 2018 Totaled 49,966 4,996 44,970 25,838 (3,985) - - - - 21,853 109.27%49,603 Totaled, Replaced in 2018 x 66501 310 312 2037 351 Chevy Tahoe 2015 Chevrolet Tahoe 07/10/15 2015 6 2021 2021 49,966 4,996 44,970 25,838 7,207 7,207 7,207 7,207 - 54,666 119.41%54,666 x 66501 310 312 18006 355 Chevy Tahoe 2018 Chevrolet Tahoe 03/02/18 2018 5 2023 2023 51,504 5,000 46,504 - - 10,941 10,941 10,941 10,941 43,766 115.93%54,707 2018 Purchase x 66501 310 312 18004 356 Utility 4X4 Hybrid / Volunteer2019 Toyota Rav 4 Hybrid 06/28/18 2019 6 2025 Totaled 31,843 4,000 27,843 - - -4,860 4,860 4,860 14,581 119.41%34,022 2018 Purchase 66501 310 312 19???357 Chevy Tahoe 2019 Chevrolet Tahoe 2/15/2019 2019 5 2023 2024 50,741 5,074 45,667 - - - 10,407 10,407 10,407 31,221 112.55%52,035 66501 310 312 19???358 Chevy Tahoe 2019 Chevrolet Tahoe 2/15/2019 2019 5 2023 2024 50,694 5,069 45,624 - - - 10,397 10,397 10,397 31,192 112.55%51,987 66501 310 312 19???359 Chevy Tahoe 2019 Chevrolet Tahoe 2/15/2019 2019 5 2023 2024 50,694 5,069 45,624 - - - 10,397 10,397 10,397 31,192 112.55%51,987 66501 310 312 19???360 Chevy Tahoe 2019 Chevrolet Tahoe 2/15/2019 2019 5 2023 2024 50,694 5,069 45,624 - - - 10,397 10,397 10,397 31,192 112.55%51,987 408,503 204,947 33,038 47,965 35,256 35,256 15,802 372,265 442,645 Police Investigations x 66501 310 313 1861 347 Utility 4X4-unmarked2013 Chevrolet Tahoe 02/21/14 2019 6 2019 Replaced 32,500 3,720 28,780 18,944 8,071 8,071 - - - 35,087 119.41%35,087 Holdover car for Sgt. Dammen 66501 310 313 19???361 Chevy Tahoe 2019 Chevrolet Tahoe 2/15/2019 2019 6 2023 2025 46,852 4,685 42,167 - - - 9,609 9,609 9,609 28,828 112.55%48,047 66501 310 313 19???362 Chevy Tahoe 2019 Chevrolet Tahoe 5/2/2019 2019 6 2023 2025 46,852 4,685 42,167 - - - 9,609 9,609 9,609 28,828 112.55%48,047 126,204 18,944 8,071 8,071 19,219 19,219 19,219 92,743 131,181 Department Total 633,442 223,891 52,332 81,259 79,698 79,698 60,243 577,121 685,939  Page 1 TOWN COUNCIL REPORT To: Honorable Mayor Sarah Smith Hymes and Avon Town Council From: Scott Wright, Asst. Town Manager / Finance Director Date: May 26, 2020 Re: 2020 General Fund Supplemental Budget Amendment Resolution No. 2020-14 Introduction and Action Before Council It has been the historical practice to adopt a supplemental budget amendment in order to update beginning fund balance estimates and generally recognize revisions to the budget that were not identified at the time the budget was originally adopted. Obviously, the COVID-19 pandemic has required the Town to re-evaluate its 2020 budgets, revising previous revenue estimates and making substantial cuts to personnel and operating expenditures. This resolution amends the General Fund, Affordable Housing Fund, and Equipment Replacement Fund. An opportunity for additional amendments to these funds and other operating and CIP fund budgets will occur during the 2021 budget process later this year. Proposed Motion "I move to approve Resolution No. 20-14, A Resolution Summarizing Expenditure and Revenues by Fund and Amending the 2020 Budget for the Town of Avon, Colorado, for the Calendar Year Beginning on the First Day of January, 2020 and Ending on the Last Day of December, 2020." Below is a summary of the proposed budget revisions and the estimated impacts to the fund balance. The level of fund balance continues to meet Town policy. General Fund Town Manager Eric Heil presented a report to the Town Council on April 7, 2020 that addressed reductions to the Town of Avon 2020 budget and presented the Town's financial management response to the COVID-19 pandemic and anticipated revenue reductions. Eric's budge revision goals included the following: • Provide a revised budget that substantially reduces expenses in 2020 and avoids using designated reserves. • Preserve the Capital Improvements Fund to allow public infrastructure projects to proceed on a timely basis and benefit the local economy with valuable construction jobs.  Page 2 • Avoid the use of any designated reserves in 2020 so that they are available for the 2021 budget if needed. • Avoid lay-offs and maintain current levels of staffing so that Avon can continue its current level of service, with some exceptions. The financial highlights of this budget amendment accomplish these goals. The detailed budget revisions in summary below largely mirror the budget revision estimates of that original report, as follows: Operating Budget Reductions • Personnel Expense Reductions (layoffs, salary step increases, top-of-range payments, and PTO buy-back program $ (291,378) • Elimination of Deputy Town Manager position (161,054) • Reduction of Part-time Wages (182,347) • Deferral of Equipment Replacement Charges (622,700) • Elimination of Special Events (303,054) • Eliminate community survey (25,000) • Reductions in operating costs (commodities, capital outlay, etc.) (170,683) Total Operating Budget Reductions (1,756,216) Operating Budget Additions • COVID-19 Related (grants and financial support, remote licenses, cleaning and sanitation supplies) 297,092 • Dancing in the Park financial support 30,000 • Other miscellaneous budget revisions 69,461 Total Operating Budget Additions 390,553 Reductions in Operating Transfers-out (700,000) Net Reduction in Total Expenditures $ (2,059,663) Revenue Revisions Finance Manager Amy Greer presented a financial analysis to the Finance Committee that reflected projections of revenue reductions in the areas of sales tax, accommodation tax, and recreation revenues based on discussions with staff, historical data, and analysis of projected impact to certain retail industries and tourism and travel in general. • Sales tax decrease - 21.88% $ (1,591,120) • Accommodation tax decrease - 44.31% (658,770) • Village at Avon RSF - 9.48% (83,223) • Various recreation fees (428,081) • Special event fees (132,500) • New grants awarded 15,350 • Transfer-in from Community Enhancement for  Page 3 Dancing in the Park special event 30,000 Total Reductions in Total Revenues $ (2,848,334) Of Note: Actual March revenues for both sales taxes and accommodations taxes came in stronger than projected. Our best case projection showed sales taxes decreasing by $293,140 or 34.6%. Actual reductions were $258,360 or 22%. For accommodation taxes the best case projection showed a decrease of $142,008 or 57%. Actual revenues came in at $109,915 or 48%. That’s a total difference for March of $66,873. General Fund Fund Balance The revised fund balance of the General Fund shows a total ending fund balance of $6,416,721 which is $614,182 higher than the original projected ending fund balance for 2019. Of this amount, the 27% reserve is $4,291,527, $805,865 is in the 3% TABOR emergency reserve and the remaining amount of $1,319,329 is undesignated and unreserved and can be used for any legal purpose. Equipment Replacement Fund As discussed in Eric Heil's memo, equipment rental charges paid to the Equipment Replacement Fund for the future replacement of fleet vehicles, heavy equipment, computers, recreation equipment and other machinery and equipment have been deferred for one year. Along with this deferral, which shows up as budgetary savings in the General Fund, Mobility Fund, and Fleet Maintenance Fund, a total of $561,992 in fleet and heavy equipment expenditures have also been deferred by one year. In addition, 4 MDT computers that are used by patrol officers in their vehicles were inadvertently left of the replacement schedule and are being added totaling $14,408. The net effect of these changes is a reduction in the 2020 estimated ending fund balance of $135,238. This amount will be made up in time over the estimated useful life and rental amounts of the equipment and related charges being deferred. Affordable Housing Fund A total of $650,000 in appropriations is being added to the Affordable Housing Fund budget for 2020 for the purchase of deed restrictions. In addition, the beginning balance, originally estimated at $695,291 is being amended upward in the amount of $137,303 due to the collection of pay-in-lieu housing fees in 2019 that were unanticipated in the budget. As Eric discussed in his previous report, this budget amendment allows the Town to maintain adequate amounts of reserves to respond to further budget challenges in 2020 or 2021 while allowing the Town to move forward in providing necessary municipal services to its citizens and guests. Scott Attachments: A. Resolution No. 2020-14 B. General Fund Supplemental Amendment No. 1 C. Affordable Housing Fund Supplemental Budget Amendment No. 1 D. Equipment Replacement Fund Supplemental Budget Amendment No. 1 Res. No. 20-14 May 26, 2020 Page 1 of 2 TOWN OF AVON, COLORADO RESOLUTION NO. 20-14 SERIES OF 2020 A RESOLUTION TO AMEND THE 2020 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2020 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY 2020 AND ENDING ON THE LAST DAY OF DECEMBER 2020 WHEREAS, the Town Council of the Town of Avon has previously adopted the 2020 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for all operating funds for 2020; and WHEREAS, the Town Council finds it necessary to amend the 2020 budget to more accurately reflect the revenues and expenditures for 2020; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the following funds are revised as follows for 2020: Original or Previously Amended 2020 Budget Current Proposed Amended 2020 Budget General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 7,749,178 18,470,951 19,475,771 $ 8,210,222 15,703,008 17,430,516 Ending Fund Balance $ 6,744,358 $ 6,482,714 ATTACHMENT A Res. No. 20-14 May 26, 2020 Page 2 of 2 Original or Previously Amended 2020 Budget Current Proposed Amended 2020 Budget Affordable Housing Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 695,291 314,478 10,000 $ 832,594 314,478 660,000 Ending Fund Balance $ 999,769 $ 487,072 Equipment Replacement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 3,214,496 746,437 944,191 $ 3,277,689 63,615 396,607 Ending Fund Balance $ 3,016,742 $ 2,944,697 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 26th day of May, 2020. AVON TOWN COUNCIL By:___________________________ Attest:________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ATTACHMENT A Original or Adopted Amended Difference Actual Budget Budget Increase 2019 2020 2020 (Decrease) REVENUES Taxes 14,269,010$ 14,333,265$ 12,000,152$ (2,333,113)$ Licenses and Permits 752,345 448,100 448,100 - Intergovernmental 1,059,237 998,079 1,013,429 15,350 Charges for Services 1,726,998 1,707,193 1,146,612 (2,8 Fines and Forfeitures 51,535 43,500 43,500 - Investment Earnings 359,004 250,000 250,000 - Other Revenue 536,160 443,500 443,500 - Total Operating Revenues 18,754,289 18,223,637 15,345,293 (2,317,763) Other Sources Transfer-In From Community Enhancement Fund - - 30,000 30,000 Transfer-In From Capital Projects Fund 240,111 247,314 247,314 - Total Other Sources 240,111 247,314 277,314 30,000 TOTAL REVENUES 18,994,400$ 18,470,951$ 15,622,607$ (2,287,763)$ EXPENDITURES General Government 4,861,022$ 5,224,832$ 4,936,802$ (288,030)$ Community Development 509,129 500,102 495,808 (4,294) Public Safety 3,984,465 4,320,911 4,037,207 (283,704) Public Works 4,330,597 4,824,070 4,292,904 (531,166) Recreation 1,703,007 1,880,856 1,628,387 (252,469) Total Operating Expenditures 15,388,220 16,750,771 15,391,108 (1,359,663) Contingency - - - - Other Uses Transfers-Out to Affordable Housing Fund - 250,000 250,000 - Transfers-Out to Capital Projects Fund - 700,000 - (700,000) Transfers-Out to Transit 1,150,000 1,300,000 1,300,000 - Transfers-Out to Fleet Maintenance 550,000 475,000 475,000 - Total Other Uses 1,700,000 2,725,000 2,025,000 (700,000) TOTAL EXPENDITURES 17,088,220 19,475,771 17,416,108 (2,059,663) NET SOURCE (USE) OF FUNDS 1,906,180 (1,004,820) (1,793,501) (228,100) FUND BALANCES, Beginning of Year 6,304,042 7,749,178 8,210,222 461,044 FUND BALANCES, End of Year 8,210,222$ 6,744,358$ 6,416,721$ 232,944$ FUND BALANCES: Restricted For: 3% TABOR Emergency Reserve 805,865$ 693,001$ 805,865$ 112,864$ Unassigned: 27% Minimum Reserve Balance 4,272,055 5,001,958 4,291,527 (710,431) Undesignated, Unreserved 3,132,302 1,049,399 1,319,329 830,511 TOTAL FUND BALANCES 8,210,222$ 6,744,358$ 6,416,721$ 232,944$ Fund Summary General Fund #10 Supplemental Amendment No. 1 ATTACHMENT B Original or Prev. Amend.Amended Difference Account Actual Budget Budget Increase Number Description 2019 2020 2020 (Decrease) Taxes: 51101 General Property Tax 1,839,155$ 2,048,895$ 2,048,895$ -$ 51102 General Property Tax - Delinquencies 828 500 500 - 51103 General Property Tax - Interest 1,745 1,500 1,500 - 51104 General Property Tax - Abatements (1,733) - - - 51201 Specific Ownership Tax 113,657 115,000 115,000 - 51301 Sales Tax 9,093,254 8,867,221 7,276,101 (1,591,120) 51302 Utility Tax 107,293 115,000 115,000 - 51303 Accommodation Tax 1,486,842 1,484,349 825,579 (658,770) 51304 Penalties and Interest 53,597 35,000 35,000 - 51305 Sales Tax Audit Assessments - 10,000 10,000 - 51307 VAA Retail Sales Fee 804,424 820,800 737,577 (83,223) 51308 Cigarette Excise Tax 189,305 225,000 225,000 - 51309 Tobacco Add-on Sales Tax 146,016 160,000 160,000 - 51402 Franchise Fees 434,627 450,000 450,000 - 51000 Total Taxes 14,269,010 14,333,265 12,000,152 (2,333,113) Licenses and Permits: 52101 Liquor Licenses 9,669 12,500 12,500 - 52102 Business Licenses 108,450 100,000 100,000 - 52103 Contractor's Licenses 20,242 25,000 25,000 - 52104 Tobacco/Cigarette Licenses 3,000 1,500 1,500 - 52105 Booting/Towing Licenses 650 500 500 - 52201 Building Permits 601,406 300,000 300,000 - 52203 Plumbing Permits 464 - - - 52205 Road Cut Permits 8,464 8,000 8,000 - 52207 Mobile Vendor Cart Permits - 600 600 - 52000 Total Licenses and Permits 752,345 448,100 448,100 - Intergovernmental: Federal Grants: 53106 Click It or Ticket 2,937 3,000 3,000 - 53107 Ballistic Vests 815 2,000 2,000 - State Grants 53206 High Visibility Grant 23,220 20,000 20,000 - 53207 POST I70 Training Grants 41,931 21,000 32,350 11,350 53299 Other State Grants (DOLA)16,375 47,000 48,500 1,500 Local Government/Other Agency 53405 El Pomar Grant - - 2,500 2,500 53900 Other Local Grants 5,410 5,000 5,000 - Revenue Detail General Fund Supplemental Amendment No. 1 ATTACHMENT B Original or Prev. Amend.Amended Difference Account Actual Budget Budget Increase Number Description 2019 2020 2020 (Decrease) Revenue Detail General Fund Supplemental Amendment No. 1 State/County Shared Revenue: 53301 Conservation Trust 75,461 73,500 73,500 - 53302 Motor Vehicle Registration 24,538 24,800 24,800 - 53303 Highway User's Tax 227,971 187,929 187,929 - 53305 County Sales Tax 504,522 477,090 477,090 - 53306 Road & Bridge Fund 135,352 135,760 135,760 - 53308 State Severance Tax 705 1,000 1,000 - 53000 Total Intergovernmental 1,059,237 998,079 1,013,429 15,350 Charges for Services: General Government: 54102 Photocopying Charges - 100 100 - 54103 License Hearing Fees - 100 100 - 54104 Other Fees and Charges 2,331 2,000 2,000 - 54105 CC & Paper Filing Fees 3,268 2,500 2,500 - Special Events Concession Sales 23,274 82,800 6,000 (76,800) 54676 Sponsorships 18,500 37,500 - (37,500) 54678 Event Fees 8,901 15,000 2,800 (12,200) 54679 Special Event Admission Fees 4,329 6,000 - (6,000) Community Development: 54201 Plan Check Fees 199,699 75,000 75,000 - 54672 Subdivision Review Fees 270 - - - 54203 Design Review Fees 16,435 22,000 22,000 - 54204 Animal Control Fees - 150 150 - 54206 Fire Impact Fee Administration Fees 5,294 1,500 1,500 - Public Safety: 54301 Police Reports 854 600 600 - 54302 Off-duty Police Employment 38,539 25,000 25,000 - 54303 Fingerprinting Fees 1,200 200 200 - 54304 VIN Inspection Fees 1,010 750 750 - 54305 False Alarm Fees/Misc Police Dept Fees 50 75 75 - 54306 National Night Out 1,060 2,500 2,500 - 54399 DUI Reimbursement 16,654 30,000 30,000 - Avon Recreation Center: 54601 Admission Fees 1,014,147 1,017,330 703,772 (313,558) 54602 Program Fees 60,598 20,000 49,105 29,105 54603 Facility Rentals 18,167 7,000 12,869 5,869 54604 Merchandise Sales 8,270 8,500 5,775 (2,725) 54606 Rec Center Services 9,917 10,000 6,524 (3,476) 54607 Fitness Program Revenues 47,919 35,000 27,525 (7,475) 54610 Swim Team Revenue - 52,488 36,742 (15,746) 54611 Private Lessons 36,938 37,500 16,081 (21,419) General Recreation: 54651 Adult Program Revenues 18,431 20,000 13,777 (6,223) 54652 Cabin Equipment Rentals 32,615 25,000 26,242 1,242 54653 Athletic Field Rentals 1,750 2,000 1,053 (947) ATTACHMENT B Original or Prev. Amend.Amended Difference Account Actual Budget Budget Increase Number Description 2019 2020 2020 (Decrease) Revenue Detail General Fund Supplemental Amendment No. 1 54680 Youth Program Revenues 136,578 165,000 75,872 (89,128) 54680 Pavillion Rentals - 3,600 - (3,600) 54000 Total Charges for Services 1,726,998 1,707,193 1,146,612 (560,581) Fines and Forfeitures: 55101 Court Fines - Traffic 23,975 20,000 20,000 - 55102 Court Fines - Criminal 10,300 13,100 13,100 - 55103 Court Fines - Parking 4,452 3,000 3,000 - 55105 Court Costs 3,618 4,000 4,000 - 55106 Jury Fees - 100 100 - 55107 Bond Forfeitures - 100 100 - 55110 Police Training Surcharge 3,190 3,200 3,200 - 55120 Police Forfeiture Revenue 6,000 - - - 55000 Total Fines and Forfeitures 51,535 43,500 43,500 - 57101 Investment Earnings 359,004 250,000 250,000 - Miscellaneous Revenues: 58101 Recreational Amenity Fees 300,928 285,000 285,000 - 58109 Bond Issuance Fees 10,012 - - - 58201 Lease of Town-Owned Property 82,125 58,500 58,500 - 58999 Miscellaneous Nonclassified Revenues 143,095 100,000 100,000 - 58000 Total Miscellaneous Revenues 536,160 443,500 443,500 - 50000 TOTAL REVENUES 18,754,289$ 18,223,637$ 15,345,293$ (2,878,344)$ ATTACHMENT B Department Expenditure Summaries Original or Adopted Amended Difference Dept./Div.Actual Budget Budget Increase Number Description 2019 2020 2020 (Decrease) General Government: 111 Mayor and Town Council 279,585$ 270,662$ 267,662$ (3,000)$ 112 Boards and Commissions 13,112 19,649 19,649 - 113 Town Attorney 212,972 155,000 155,000 - 115 Town Clerk 132,617 134,843 132,860 (1,983) 121 Municipal Court 93,189 148,478 145,994 (2,484) 131 Town Manager 364,058 579,654 416,526 (163,128) 133 Community Relations 202,096 233,766 209,967 (23,799) 134 Economic Development - 175,250 183,250 8,000 136 Special Events 825,625 798,042 517,984 (280,058) 137 Community Grants 197,117 92,000 92,000 - 138 COVID19 - - 286,206 286,206 Subtotal General Government 2,320,371 2,607,344 2,427,098 (180,246) Human Resources: 132 Human Resources 511,699 566,168 576,509 10,341 Finance and IT: 141 Finance 926,999 993,978 981,820 (12,158) 143 Information Systems 459,548 441,785 452,604 10,819 149 Nondepartmental 642,405 615,557 498,771 (116,786) Subtotal Finance and IT 2,028,952 2,051,320 1,933,195 (118,125) Total General Government and Finance 4,861,022 5,224,832 4,936,802 (288,030) Community Development: 212 Planning 329,204 314,587 310,293 (4,294) 213 Building Inspection 179,925 185,515 185,515 - Total Community Development 509,129 500,102 495,808 (4,294) . Police Department: 311 Administration 825,044 889,491 830,189 (59,302) 312 Patrol 2,851,415 3,100,349 2,887,652 (212,697) 313 Investigations 308,006 331,071 319,366 (11,705) Total Police Department 3,984,465 4,320,911 4,037,207 (283,704) Public Works Engineering: 412 Engineering 265,778 273,385 268,254 (5,131) 418 Buildings and Facilities 1,278,756 1,277,853 1,211,537 (66,316) Roads and Bridges: 413 Roads and Bridges 2,283,864 2,633,092 2,359,138 (273,954) 415 Parks and Grounds 502,199 639,740 453,975 (185,765) Total Public Works Department 4,330,597 4,824,070 4,292,904 (531,166) General Fund Supplemental Amendment No. 1 ATTACHMENT B Department Expenditure Summaries Original or Adopted Amended Difference Dept./Div.Actual Budget Budget Increase Number Description 2019 2020 2020 (Decrease) General Fund Supplemental Amendment No. 1 Recreation Department: 514 Administration 246,864 269,711 269,711 - 515 Adult Programs 52,994 50,032 43,082 (6,950) 516 Aquatics 686,992 662,235 580,842 (81,393) 518 Fitness 137,542 138,324 69,903 (68,421) 519 Guest Services 347,129 361,889 316,416 (45,473) 521 Youth Programs 149,110 213,422 188,797 (24,625) 523 Community Swim Programs 82,376 185,243 159,636 (25,607) Total Recreation 1,703,007 1,880,856 1,628,387 (252,469) TOTAL OPERATING EXPENDITURES 15,388,220$ 16,750,771$ 15,391,108$ (1,359,663)$ ATTACHMENT B Original or Final Prev. Amend.Revised Difference Actual Budget Budget Increase 2019 2020 2020 (Decrease) REVENUES Charges for Services: Rental Revenues - Employees 46,908$ 50,738$ 50,738$ -$ Investment Earnings 497 411 411 - Other Revenue: Bond Issuance Fees - 10,000 10,000 - Nonclassified Revenues 120,374 3,329 3,329 - Total Operating Revenues 167,779 64,478 64,478 - Other Sources Operating Transfers-In - 250,000 250,000 - Total Other Sources - 250,000 250,000 - TOTAL REVENUES 167,779 314,478 314,478 - EXPENDITURES General Government: Affordable Housing 51,734 10,000 660,000 650,000 Total Operating Expenditures 51,734 10,000 660,000 650,000 TOTAL EXPENDITURES 51,734 10,000 660,000 650,000 NET SOURCE (USE) OF FUNDS 116,045 304,478 (345,522) (650,000) FUND BALANCES, Beginning of Year 716,549 695,291 832,594 137,303 FUND BALANCES, End of Year 832,594$ 999,769$ 487,072$ (512,697)$ Fund Summary Affordable Housing Fund #25 Supplemental Amendment #1 ATTACHMENT C Original or Proposed Prev. Amend.Revised Difference Actual Budget Budget Increase 2019 2020 2020 (Decrease) REVENUES Charges for Services: Equipment Replacement Charges 690,588$ 683,687$ -$ (683,687)$ Other Revenue Insurance Cliam Reimbursements 19,650 27,750 28,615 865 Total Operating Revenues 710,238 711,437 28,615 (682,822) Other Sources Sales of Fixed Assets 38,263 35,000 35,000 - Capital Lease Proceeds - - - - Total Other Sources 38,263 35,000 35,000 - TOTAL REVENUES 748,501 746,437 63,615 (682,822) EXPENDITURES Capital Outlay: Fleet and Heavy Equipment 541,668 697,960 135,968 (561,992) Recreation Center Equipment 200,364 131,100 131,100 - Computer and Office Equipment 64,483 71,233 85,641 14,408 Machinery and Equipment 16,733 43,898 43,898 - Heat Recovery - - - - Total Operating Expenditures 823,248 944,191 396,607 (547,584) TOTAL EXPENDITURES 823,248 944,191 396,607 (547,584) NET SOURCE (USE) OF FUNDS (74,747) (197,754) (332,992) (135,238) FUND BALANCES, Beginning of Year 3,352,436 3,214,496 3,277,689 2,944,697 FUND BALANCES, End of Year 3,277,689$ 3,016,742$ 2,944,697$ 2,809,459$ Fund Summary Equipment Replacement Internal Service Fund #63 Supplemental Amendment #1 ATTACHMENT D Original or Proposed Prev. Amend.Revised Difference Account Actual Budget Budget Increase Number Description 2019 2020 2020 (Decrease) Charges for Services: Equipment Rental Charges 54904 Finance -$ -$ -$ -$ 54904 Information Systems - - - - 54904 Nondepartmental 106,934 106,934 - (106,934) 54904 Comm Dev - Planning 847 - - - 54904 Police - Administration 46,317 46,317 - (46,317) 54904 Police - Patrol 94,821 94,821 - (94,821) 54904 Police - Investigations 8,071 8,071 - (8,071) 54904 Engineering 1,899 1,899 - (1,899) 54904 Buildings 63,802 63,802 - (63,802) 54904 Public Works - Road and Bridge 110,967 110,967 - (110,967) 54904 Public Works - Parks 103,475 103,475 - (103,475) 54904 Mobility - Operations 44,088 44,088 - (44,088) 54904 Mobility - Wash Bay 21,939 21,939 - (21,939) 54904 Fleet Maintenance 1,807 1,807 - (1,807) 54904 Recreation - Aquatics 21,157 21,157 - (21,157) 54904 Recreation - Fitness 58,410 58,410 - (58,410) 54904 Recreation - Guest Services 6,054 - - - 54000 Total Charges for Services 690,588 683,687 - (683,687) Other Revenue 58205 Insurance Claim Reimbursements 19,650 27,750 28,615 865 Other Sources: 59101 Sale of Fixed Assets 38,263 35,000 35,000 - 59303 Capital Lease Proceeds - - - - 59000 Total Other Sources 38,263 35,000 35,000 - 50000 TOTAL REVENUES 748,501$ 746,437$ 63,615$ (682,822)$ Revenue Detail Equipment Replacement Internal Service Fund #63 Supplemental Amendment #1 ATTACHMENT D TOWN OF AVON DETAILED BUDGET REQUESTS 2020 Amended Department:N/A Program: Fleet and Heavy Equipment #811 Account 2020 Amended Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Fleet and Heavy Equipment Non-Departmental: Utility 4X4 Hybrid Replace #400 23,721$ Replace #401, Toyota Highlander 37,366 Roads and Bridges: Pickup w/ Plow - Replace #220 35,017 Street Sweeper - Replace #216 250,000 Loader - Replace #294 175,000 Parks: Flatbed- Replace #287 47,452 Tractor - Replace #286 31,795 Clubcar Electric Cart - Replace #207 10,947 Bobcat/Toolcat - Replace #274 59,142 Police: 2020 Ford Interceptor - Replaces #356 Totaled Rav 4 39,460 Recreation Dept: Chevy Van - Replace #501 27,520 66501 Fleet and Heavy Equipment 135,968 66000 Total Capital Outlay 135,968$ ATTACHMENT D TOWN OF AVON DETAILED BUDGET REQUESTS 2020 Amended Department:N/A Program:Computers and Office Equipment #813 2020 Account Amended Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Computers and Office Equipment Information Technology: Switches: Replace #1831, 1832, 2216 25,498$ Virtual Servers: UCS C220 MD - VM Host #1829 21,198 UCS C240 M3 - VM Host #1835 24,537 Police Patrol: MDTs (4)14,408 66402 Computers and Peripherals 85,641 66000 Total Capital Outlay 85,641$ ATTACHMENT D AVON URBAN RENEWAL AUTHORITY COMMISSIONERS REPORT To: Chairperson Sarah Smith Hymes and URA Commissioners From: Scott Wright, Authority Treasurer Date: May 26, 2020 Re: 2020 Revised URA Budget Action Before the Board Adoption of a supplemental budget amendment for the 2020 Avon Urban Renewal Authority annual budget. Proposed Motion “I move to approve Resolution 20-04 to adopt a supplemental budget amendment for the 2020 Avon Urban Renewal Authority budget.” Summary Attached is a supplement budget amendment for the Avon Urban Renewal Authority. The amendment is necessary due to the bond refunding that recently occurred. The refunding resulted in a present value savings less reserve funds on hand of $176,403 and a cash flow savings over the remaining nine years of $883,089. The previous reserve requirement was eliminated and the revised ending fund balance now totals $77,024. Public Hearing. A public hearing will be held during the URA meeting on May 26, 2020. Recommendation Staff recommends that the Board adopt the resolutions as presented. Exhibits and Attachments: Attachment A - Resolution No. 20-04 Attachment B - Avon Urban Renewal Authority Fund Summary Attachment C - Final Bond Numbers Resolution No. 20-04 May 26, 2020 Page 1 of 2 AVON URBAN RENEWAL AUTHORITY TOWN OF AVON, COLORADO RESOLUTION NO. 20-04 SERIES OF 2020 A RESOLUTION AMENDING THE 2020 AVON URBAN RENEWAL AUTHORITY BUDGET WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority has previously adopted the 2020 budget; and WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority reviewed the revised estimated revenues and expenditures for all funds for 2020; and WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority finds it necessary to amend the 2020 budget to more accurately reflect the revenues and expenditures for 2020; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, the proposed budget amendment to the 2020 budget was open for inspection by the public at a designated place, a public hearing was held on May 26, 2020 and interested taxpayers were given the opportunity to file or register any objections to the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE AVON URBAN RENEWAL AUTHORITY: Section 1. That estimated revenues and expenditures for the Avon Urban Renewal Authority are revised as follows for 2020: Original or Previously Amended 2020 Budget Current Proposed Amended 2020 Budget Avon Urban Renewal Authority Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 497,102 1,626,550 1,595,690 $ 527,962 $ 598,989 5,722,453 6,244,418 $ 77,024 ATTACHMENT A Resolution No. 20-04 May 26, 2020 Page 2 of 2 Section 2. That the budget, as submitted and amended hereby is approved and adopted as the budget of the Avon Urban Renewal Authority for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Chairman and made part of the public record of the Authority. ADOPTED this 26th day of May, 2020. AVON URBAN RENEWAL AUTHORITY ______________________________ Sarah Smith Hymes, Chairman ATTEST: _____________________________ Scott Wright, Treasurer CERTIFIED: _____________________________ Brenda Torres, Authority Clerk ATTACHMENT A Fund Summary Original or Prev. Amend.Amended Difference Actual Budget Budget Increase 2019 2020 2020 (Decrease) REVENUES Taxes 1,386,475$ 1,607,703$ 1,607,703$ -$ Investment Earnings 15,425 18,847 3,750 (15,097) Total Operating Revenues 1,401,900 1,626,550 1,611,453 (15,097) Other Sources Refunding Bond Proceeds - - 4,111,000 4,111,000 TOTAL REVENUES 1,401,900 1,626,550 5,722,453 4,095,903 EXPENDITURES Current: General Government - 3,450 3,450 - Treasurer Fees 52,615 42,646 42,646 - Debt Service: Principal 595,998 616,063 636,063 20,000 Interest 252,557 232,531 122,619 (109,912) Bond Issuance Costs - - 66,760 66,760 Fiscal Charges 700 1,000 400 (600) Total Operating Expenditures 901,870 895,690 871,938 (23,752) Other Uses Transfers Out - Capital Projects Fund 375,000 700,000 700,000 - Payment to Refunded Bond Escrow Agent - - 4,672,480 4,672,480 Total Other Uses 375,000 700,000 5,372,480 4,672,480 TOTAL EXPENDITURES 1,276,870 1,595,690 6,244,418 4,648,728 NET SOURCE (USE) OF FUNDS 125,030 30,860 (521,965) (552,825) FUND BALANCES, Beginning of Year 473,959 497,102 598,989 101,887 FUND BALANCES, End of Year 598,989$ 527,962$ 77,024$ (450,938)$ FUND BALANCES: Restricted For: Debt Service 628,240$ 628,240$ -$ (628,240)$ Urban Renewal (29,251) (100,278) 77,024 177,302 TOTAL FUND BALANCES 598,989$ 527,962$ 77,024$ (450,938)$ AVON URBAN RENEWAL AUTHORITY Supplemental Amendment No. 1 ATTACHMENT B Debt Service Summary Original or Prev. Amend.Amended Difference Account Actual Budget Budget Increase Number Description 2019 2020 2020 (Decrease) DEBT SERVICE 932 Series 2013, Tax Increment Revenue Bonds 65101 Principal 425,000$ 440,000$ -$ (440,000)$ 65102 Interest 175,472 160,512 - (160,512) 65103 Fiscal Agent Fees 300 500 - (500) 65108 Arbitrage Compliance Fees - - - - 933 Series 2017, Tax Increment Revenue Bonds 65101 Principal 170,998 176,063 176,063 - 65102 Interest 77,085 72,019 72,019 - 65103 Fiscal Agent Fees 400 500 400 (100) 65108 Arbitrage Compliance Fees - - - - 934 Series 2020, Tax Increment Revenue Refunding Loan 65101 Principal - - 460,000 460,000 65102 Interest - - 50,600 50,600 65103 Fiscal Agent Fees - - - - 65104 Bond Issuance Costs - - 66,760 66,760 65108 Arbitrage Compliance Fees - - - - 60000 TOTAL DEBT SERVICE 849,255$ 849,594$ 825,842$ (23,752)$ AVON URBAN RENEWAL AUTHORITY Supplemental Amendment No. 1 ATTACHMENT B ATTACHMENT C Apr 21, 2020 2:46 pm Prepared by Marc T. Ragan (q:\...\a-c issuer\avon, town of\Avon URA:AVON_URA-R_13,R_13) TABLE OF CONTENTS Avon Urban Renewal Authority Tax Increment Revenue Refunding Loan, Series 2020 Sterling National Bank Final Numbers Report Page Sources and Uses of Funds ...........................1 Summary of Bonds Refunded ..........................2 Prior Bond Debt Service ............................3 Bond Debt Service ..............................4 Savings ...................................6 Summary of Refunding Results .........................7 Bond Summary Statistics ............................8 Bond Pricing .................................9 Escrow Requirements .............................10 Form 8038 Statistics ..............................11 Proof of Arbitrage Yield ............................13 ATTACHMENT C Apr 21, 2020 2:46 pm Prepared by Marc T. Ragan (q:\...\avon, town of\Avon URA:AVON_URA-R_13,R_13) Page 1 SOURCES AND USES OF FUNDS Avon Urban Renewal Authority Tax Increment Revenue Refunding Loan, Series 2020 Sterling National Bank Final Numbers Dated Date 05/01/2020 Delivery Date 05/01/2020 Sources: Bond Proceeds: Par Amount 4,111,000.00 Other Sources of Funds: 2013 Debt Service Reserve Fund 628,240.00 4,739,240.00 Uses: Refunding Escrow Deposits: Cash Deposit 4,672,480.00 Delivery Date Expenses: Cost of Issuance 66,760.00 4,739,240.00 ATTACHMENT C Apr 21, 2020 2:46 pm Prepared by Marc T. Ragan (q:\...\avon, town of\Avon URA:AVON_URA-R_13,R_13) Page 2 SUMMARY OF BONDS REFUNDED Avon Urban Renewal Authority Tax Increment Revenue Refunding Loan, Series 2020 Sterling National Bank Final Numbers Maturity Interest Par Call Call Bond Date Rate Amount Date Price Series 2013, 2013: BOND 12/01/2020 3.520% 440,000.00 05/01/2020 101.000 12/01/2021 3.520% 455,000.00 05/01/2020 101.000 12/01/2022 3.520% 470,000.00 05/01/2020 101.000 12/01/2023 3.520% 485,000.00 05/01/2020 101.000 12/01/2024 3.520% 505,000.00 05/01/2020 101.000 12/01/2025 3.520% 525,000.00 05/01/2020 101.000 12/01/2026 3.520% 540,000.00 05/01/2020 101.000 12/01/2027 3.520% 560,000.00 05/01/2020 101.000 12/01/2028 3.520% 580,000.00 05/01/2020 101.000 4,560,000.00 ATTACHMENT C Apr 21, 2020 2:46 pm Prepared by Marc T. Ragan (q:\...\avon, town of\Avon URA:AVON_URA-R_13,R_13) Page 3 PRIOR BOND DEBT SERVICE Avon Urban Renewal Authority Tax Increment Revenue Refunding Loan, Series 2020 Sterling National Bank Final Numbers Dated Date 05/01/2020 Delivery Date 05/01/2020 Period Debt Ending Principal Coupon Interest Service 12/01/2020 440,000 3.520% 160,512 600,512 12/01/2021 455,000 3.520% 145,024 600,024 12/01/2022 470,000 3.520% 129,008 599,008 12/01/2023 485,000 3.520% 112,464 597,464 12/01/2024 505,000 3.520% 95,392 600,392 12/01/2025 525,000 3.520% 77,616 602,616 12/01/2026 540,000 3.520% 59,136 599,136 12/01/2027 560,000 3.520% 40,128 600,128 12/01/2028 580,000 3.520% 20,416 600,416 4,560,000 839,696 5,399,696 ATTACHMENT C Apr 21, 2020 2:46 pm Prepared by Marc T. Ragan (q:\...\avon, town of\Avon URA:AVON_URA-R_13,R_13) Page 4 BOND DEBT SERVICE Avon Urban Renewal Authority Tax Increment Revenue Refunding Loan, Series 2020 Sterling National Bank Final Numbers Dated Date 05/01/2020 Delivery Date 05/01/2020 Period Ending Principal Coupon Interest Debt Service 12/01/2020 460,000 2.110%50,599.56 510,599.56 12/01/2021 424,000 2.110%77,036.10 501,036.10 12/01/2022 433,000 2.110%68,089.70 501,089.70 12/01/2023 442,000 2.110%58,953.40 500,953.40 12/01/2024 451,000 2.110%49,627.20 500,627.20 12/01/2025 461,000 2.110%40,111.10 501,111.10 12/01/2026 470,000 2.110%30,384.00 500,384.00 12/01/2027 480,000 2.110%20,467.00 500,467.00 12/01/2028 490,000 2.110%10,339.00 500,339.00 4,111,000 405,607.06 4,516,607.06 ATTACHMENT C Apr 21, 2020 2:46 pm Prepared by Marc T. Ragan (q:\...\avon, town of\Avon URA:AVON_URA-R_13,R_13) Page 5 BOND DEBT SERVICE Avon Urban Renewal Authority Tax Increment Revenue Refunding Loan, Series 2020 Sterling National Bank Final Numbers Dated Date 05/01/2020 Delivery Date 05/01/2020 Period Annual Ending Principal Coupon Interest Debt Service Debt Service 06/01/2020 -- 7,228.51 7,228.51 - 12/01/2020 460,000 2.110% 43,371.05 503,371.05 510,599.56 06/01/2021 -- 38,518.05 38,518.05 - 12/01/2021 424,000 2.110% 38,518.05 462,518.05 501,036.10 06/01/2022 -- 34,044.85 34,044.85 - 12/01/2022 433,000 2.110% 34,044.85 467,044.85 501,089.70 06/01/2023 -- 29,476.70 29,476.70 - 12/01/2023 442,000 2.110% 29,476.70 471,476.70 500,953.40 06/01/2024 -- 24,813.60 24,813.60 - 12/01/2024 451,000 2.110% 24,813.60 475,813.60 500,627.20 06/01/2025 -- 20,055.55 20,055.55 - 12/01/2025 461,000 2.110% 20,055.55 481,055.55 501,111.10 06/01/2026 -- 15,192.00 15,192.00 - 12/01/2026 470,000 2.110% 15,192.00 485,192.00 500,384.00 06/01/2027 -- 10,233.50 10,233.50 - 12/01/2027 480,000 2.110% 10,233.50 490,233.50 500,467.00 06/01/2028 -- 5,169.50 5,169.50 - 12/01/2028 490,000 2.110% 5,169.50 495,169.50 500,339.00 4,111,000 405,607.06 4,516,607.06 4,516,607.06 ATTACHMENT C Apr 21, 2020 2:46 pm Prepared by Marc T. Ragan (q:\...\avon, town of\Avon URA:AVON_URA-R_13,R_13) Page 6 SAVINGS Avon Urban Renewal Authority Tax Increment Revenue Refunding Loan, Series 2020 Sterling National Bank Final Numbers Present Value Prior Refunding to 05/01/2020 Date Debt Service Debt Service Savings @ 2.1101756% 12/01/2020 600,512.00 510,599.56 89,912.44 89,579.31 12/01/2021 600,024.00 501,036.10 98,987.90 96,098.94 12/01/2022 599,008.00 501,089.70 97,918.30 93,054.26 12/01/2023 597,464.00 500,953.40 96,510.60 89,779.36 12/01/2024 600,392.00 500,627.20 99,764.80 90,833.01 12/01/2025 602,616.00 501,111.10 101,504.90 90,455.09 12/01/2026 599,136.00 500,384.00 98,752.00 86,138.31 12/01/2027 600,128.00 500,467.00 99,661.00 85,083.34 12/01/2028 600,416.00 500,339.00 100,077.00 83,621.14 5,399,696.00 4,516,607.06 883,088.94 804,642.77 Savings Summary Dated Date 05/01/2020 Delivery Date 05/01/2020 PV of savings from cash flow 804,642.77 Less: Prior funds on hand (628,240.00) Net PV Savings 176,402.77 ATTACHMENT C Apr 21, 2020 2:46 pm Prepared by Marc T. Ragan (q:\...\avon, town of\Avon URA:AVON_URA-R_13,R_13) Page 7 SUMMARY OF REFUNDING RESULTS Avon Urban Renewal Authority Tax Increment Revenue Refunding Loan, Series 2020 Sterling National Bank Final Numbers Dated Date 05/01/2020 Delivery Date 05/01/2020 Arbitrage yield 2.110176% Escrow yield 0.000000% Value of Negative Arbitrage - Bond Par Amount 4,111,000.00 True Interest Cost 2.110176% Net Interest Cost 2.110000% Average Coupon 2.110000% Average Life 4.676 Weighted Average Maturity 4.676 Par amount of refunded bonds 4,560,000.00 Average coupon of refunded bonds 3.520000% Average life of refunded bonds 4.815 Remaining weighted average maturity of refunded bonds 4.815 PV of prior debt to 05/01/2020 @ 2.110176% 4,915,642.77 Net PV Savings 176,402.77 Percentage savings of refunded bonds 3.868482% ATTACHMENT C Apr 21, 2020 2:46 pm Prepared by Marc T. Ragan (q:\...\avon, town of\Avon URA:AVON_URA-R_13,R_13) Page 8 BOND SUMMARY STATISTICS Avon Urban Renewal Authority Tax Increment Revenue Refunding Loan, Series 2020 Sterling National Bank Final Numbers Dated Date 05/01/2020 Delivery Date 05/01/2020 First Coupon 06/01/2020 Last Maturity 12/01/2028 Arbitrage Yield 2.110176% True Interest Cost (TIC)2.110176% Net Interest Cost (NIC)2.110000% All-In TIC 2.486593% Average Coupon 2.110000% Average Life (years)4.676 Weighted Average Maturity (years)4.676 Duration of Issue (years)4.412 Par Amount 4,111,000.00 Bond Proceeds 4,111,000.00 Total Interest 405,607.06 Net Interest 405,607.06 Total Debt Service 4,516,607.06 Maximum Annual Debt Service 510,599.56 Average Annual Debt Service 526,206.65 Underwriter's Fees (per $1000) Average Takedown - Other Fee - Total Underwriter's Discount - Bid Price 100.000000 Par Average Average PV of 1 bp Bond Component Value Price Coupon Life change Bond Component 4,111,000.00 100.000 2.110% 4.676 1,806.06 4,111,000.00 4.676 1,806.06 All-In Arbitrage TIC TIC Yield Par Value 4,111,000.00 4,111,000.00 4,111,000.00 + Accrued Interest --- + Premium (Discount)--- - Underwriter's Discount -- - Cost of Issuance Expense (66,760.00) - Other Amounts --- Target Value 4,111,000.00 4,044,240.00 4,111,000.00 Target Date 05/01/2020 05/01/2020 05/01/2020 Yield 2.110176%2.486593%2.110176% ATTACHMENT C Apr 21, 2020 2:46 pm Prepared by Marc T. Ragan (q:\...\avon, town of\Avon URA:AVON_URA-R_13,R_13) Page 9 BOND PRICING Avon Urban Renewal Authority Tax Increment Revenue Refunding Loan, Series 2020 Sterling National Bank Final Numbers Maturity Bond Component Date Amount Rate Yield Price Bond Component: 12/01/2020 460,000 2.110% 2.110% 100.000 12/01/2021 424,000 2.110% 2.110% 100.000 12/01/2022 433,000 2.110% 2.110% 100.000 12/01/2023 442,000 2.110% 2.110% 100.000 12/01/2024 451,000 2.110% 2.110% 100.000 12/01/2025 461,000 2.110% 2.110% 100.000 12/01/2026 470,000 2.110% 2.110% 100.000 12/01/2027 480,000 2.110% 2.110% 100.000 12/01/2028 490,000 2.110% 2.110% 100.000 4,111,000 Dated Date 05/01/2020 Delivery Date 05/01/2020 First Coupon 06/01/2020 Par Amount 4,111,000.00 Original Issue Discount - Production 4,111,000.00 100.000000% Underwriter's Discount -- Purchase Price 4,111,000.00 100.000000% Accrued Interest - Net Proceeds 4,111,000.00 ATTACHMENT C Apr 21, 2020 2:46 pm Prepared by Marc T. Ragan (q:\...\avon, town of\Avon URA:AVON_URA-R_13,R_13) Page 10 ESCROW REQUIREMENTS Avon Urban Renewal Authority Tax Increment Revenue Refunding Loan, Series 2020 Sterling National Bank Final Numbers Dated Date 05/01/2020 Delivery Date 05/01/2020 Period Principal Redemption Ending Interest Redeemed Premium Total 05/01/2020 66,880.00 4,560,000.00 45,600.00 4,672,480.00 66,880.00 4,560,000.00 45,600.00 4,672,480.00 ATTACHMENT C Apr 21, 2020 2:46 pm Prepared by Marc T. Ragan (q:\...\avon, town of\Avon URA:AVON_URA-R_13,R_13) Page 11 FORM 8038 STATISTICS Avon Urban Renewal Authority Tax Increment Revenue Refunding Loan, Series 2020 Sterling National Bank Final Numbers Dated Date 05/01/2020 Delivery Date 05/01/2020 Redemption Bond Component Date Principal Coupon Price Issue Price at Maturity Bond Component: 12/01/2020 460,000.00 2.110%100.000 460,000.00 460,000.00 12/01/2021 424,000.00 2.110%100.000 424,000.00 424,000.00 12/01/2022 433,000.00 2.110%100.000 433,000.00 433,000.00 12/01/2023 442,000.00 2.110%100.000 442,000.00 442,000.00 12/01/2024 451,000.00 2.110%100.000 451,000.00 451,000.00 12/01/2025 461,000.00 2.110%100.000 461,000.00 461,000.00 12/01/2026 470,000.00 2.110%100.000 470,000.00 470,000.00 12/01/2027 480,000.00 2.110%100.000 480,000.00 480,000.00 12/01/2028 490,000.00 2.110%100.000 490,000.00 490,000.00 4,111,000.00 4,111,000.00 4,111,000.00 Stated Weighted Maturity Interest Issue Redemption Average Date Rate Price at Maturity Maturity Yield Final Maturity 12/01/2028 2.110% 490,000.00 490,000.00 - - Entire Issue - - 4,111,000.00 4,111,000.00 4.6760 2.1102% Proceeds used for accrued interest 0.00 Proceeds used for bond issuance costs (including underwriters' discount) 66,760.00 Proceeds used for credit enhancement 0.00 Proceeds allocated to reasonably required reserve or replacement fund 0.00 Proceeds used to refund prior tax-exempt bonds 4,672,480.00 Proceeds used to refund prior taxable bonds 0.00 Remaining WAM of prior tax-exempt bonds (years) 4.8147 Remaining WAM of prior taxable bonds (years) 0.0000 Last call date of refunded tax-exempt bonds 05/01/2020 2011 Form 8038 Statistics Proceeds used to currently refund prior issues 4,672,480.00 Proceeds used to advance refund prior issues 0.00 Remaining weighted average maturity of the bonds to be currently refunded 4.8147 Remaining weighted average maturity of the bonds to be advance refunded 0.0000 ATTACHMENT C Apr 21, 2020 2:46 pm Prepared by Marc T. Ragan (q:\...\avon, town of\Avon URA:AVON_URA-R_13,R_13) Page 12 FORM 8038 STATISTICS Avon Urban Renewal Authority Tax Increment Revenue Refunding Loan, Series 2020 Sterling National Bank Final Numbers Refunded Bonds Bond Component Date Principal Coupon Price Issue Price Series 2013: BOND 12/01/2020 440,000.00 3.520% 100.000 440,000.00 BOND 12/01/2021 455,000.00 3.520% 100.000 455,000.00 BOND 12/01/2022 470,000.00 3.520% 100.000 470,000.00 BOND 12/01/2023 485,000.00 3.520% 100.000 485,000.00 BOND 12/01/2024 505,000.00 3.520% 100.000 505,000.00 BOND 12/01/2025 525,000.00 3.520% 100.000 525,000.00 BOND 12/01/2026 540,000.00 3.520% 100.000 540,000.00 BOND 12/01/2027 560,000.00 3.520% 100.000 560,000.00 BOND 12/01/2028 580,000.00 3.520% 100.000 580,000.00 4,560,000.00 4,560,000.00 Remaining Last Weighted Call Issue Average Date Date Maturity Series 2013 05/01/2020 12/02/2013 4.8147 All Refunded Issues 05/01/2020 -4.8147 ATTACHMENT C Apr 21, 2020 2:46 pm Prepared by Marc T. Ragan (q:\...\avon, town of\Avon URA:AVON_URA-R_13,R_13) Page 13 PROOF OF ARBITRAGE YIELD Avon Urban Renewal Authority Tax Increment Revenue Refunding Loan, Series 2020 Sterling National Bank Final Numbers Present Value to 05/01/2020 Date Debt Service @ 2.1101756026% 06/01/2020 7,228.51 7,215.88 12/01/2020 503,371.05 497,244.92 06/01/2021 38,518.05 37,652.02 12/01/2021 462,518.05 447,398.41 06/01/2022 34,044.85 32,588.10 12/01/2022 467,044.85 442,392.72 06/01/2023 29,476.70 27,629.31 12/01/2023 471,476.70 437,313.87 06/01/2024 24,813.60 22,775.33 12/01/2024 475,813.60 432,168.89 06/01/2025 20,055.55 18,025.74 12/01/2025 481,055.55 427,853.92 06/01/2026 15,192.00 13,370.79 12/01/2026 485,192.00 422,568.91 06/01/2027 10,233.50 8,819.62 12/01/2027 490,233.50 418,090.72 06/01/2028 5,169.50 4,362.73 12/01/2028 495,169.50 413,528.14 4,516,607.06 4,111,000.00 Proceeds Summary Delivery date 05/01/2020 Par Value 4,111,000.00 Target for yield calculation 4,111,000.00 ATTACHMENT C MINUTES FOR THE URBAN RENEWAL AUTHORITY MEETING THURSDAY MARCH 26, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 1. CALL TO ORDER & ROLL CALL Start time: 01:50:03 The meeting was hosted in a virtual format, using Zoom.us. Chairwoman Smith Hymes called the meeting to order at 6:50 p.m. A roll call was taken, and Authority members present were Jennie Fancher, Scott Prince, Jake Wolf, Amy Phillips, Chico Thuon and Tamra Underwood. Also present were Treasurer Scott Wright, Town Manager Eric Heil, Police Chief Greg Daly, Town Attorney Paul Wisor, Executive Assistant to the Town Manager Ineke de Jong, and Authority Clerk Brenda Torres. 2. A PPROVAL OF AGENDA Start time: 01:50:44 Authority member Underwood moved to approve to agenda as presented. Authority member Fancher seconded the motion and the motion passed unanimously. 3. PUBLIC C OMMENT – C OMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Start time: 01:51:43 Chairwoman Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email for public comments. No public comments were made. 4. BUSINESS ITEMS 4.1. RESOLUTION 20-03 ADOPTING AN ELECTRONIC PARTICIPATION POLICY FOR TOWN MEETINGS DURING A LOCAL DISASTER EMERGENCY (TOWN ATTORNEY PAUL WISOR) Start time: 01:52:13 Town Attorney Paul Wisor presented. Chairwoman Smith Hymes called for public comments and no public comments were made. Authority member Fancher moved to approve Resolution 20 -03 Adopting an Electronic Participation Policy for Town Meetings During a Local Disaster Emergency. Vice Chairwoman Phillips seconded the motion and the motion passe d unanimously by Authority members present. 4.2. RESOLUTION 20-01 DESIGNATING LOCATIONS FOR POSTING THE NOTICES OF PUBLIC MEETINGS (TOWN ATTORNEY PAUL WISOR) Start time: 01:54:13 Town Attorney Paul Wisor presented. Chairwoman Smith Hymes called for public comments and no public comments were made. Authority member Fancher moved to approve Resolution 20 -01 Designating Locations for Posting the Notices of Public Meetings. Authority member Wolf seconded the motion and the motion passed unanimously by Au thority members present. 4.3. ENGAGEMENT LETTER WITH BUTLER SNOW AS BOND COUNSEL FOR THE PURPOSE OF REFINANCING THE AUTHORITY’S OUTSTANDING 2013 BONDS (TREASURER SCOTT WRIGHT) Start time: 01:56:03 Treasurer Scott Wright presented. Chairwoman Smith Hymes called for public comments and no public comments were made. Authority member Fancher moved to approve Engagement Letter with Butler Snow as Bond Counsel for the Purpose of Refinancing the Authority’s Outstanding 2013 Bonds. Authority member Wolf seconded the motion and the motion passed unanimously by Authority members present. MINUTES FOR THE URBAN RENEWAL AUTHORITY MEETING THURSDAY MARCH 26, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 4.4. ENGAGEMENT LETTER WITH PIPER SANDLER AS PRIVATE PLACEMENT AGENT FOR THE PURPOSE OF REFINANCING THE AUTHORITY’S OUTSTANDING 2013 BONDS (TREASURER SCOTT WRIGHT) Start time: 01 :58:06 Treasurer Scott Wright presented. Chairwoman Smith Hymes called for public comments and no public comments were made. Authority member Underwood moved to approve Engagement Letter with Piper Sandler as Private Placement Agent for the Purpose of Refi nancing the Authority’s Outstanding 2013 Bonds. Authority member Wolf seconded the motion and the motion passed unanimously by Authority members present. 4.5. PUBLIC HEARING RESOLUTION 20-02 APPROVING AND DIRECTING THE EXECUTION OF A LOAN AGREEMENT FOR THE PURPOSE OF REFINANCING THE AUTHORITY’S TAX INCREMENT REVENUE BONDS, SERIES 2013 (TREASURER SCOTT WRIGHT) Start time: 01:59:53 Treasurer Scott Wright presente d and answered questions from Aut hority members . Bond Counsel Dee Wisor and Jonathan Heroux with Piper Sandler were present. Chairwoman Smith Hymes opened the Public Hearing and no public comments were made. Authority member Wolf moved to approve Resolution 20 -02 A Resolution of the Board of Commissioners of the Avon Urban Renewal Authority Approving and Directing the Execution and Delivery of a Loan Agreement for a Loan for the Purpose of Refinancing the Authority’s Tax Increment Revenue Bond, Series 2013 and Approving Actions and Do cuments in Connection Therewith. Authority member Fancher seconded the motion and the motion passed unanimously by Authority members present. 4.6. APPROVAL OF DECEMBER 10, 2019 URA MEETING MINUTES (AUTHORITY CLERK BRENDA TORRES) Start time: 02:07:27 Authority member Fancher moved to approve the URA Minutes from December 10, 2019 as presented. Authority member Wolf seconded the motion and the motion passed unanimously by Authority members present. 5. ADJOURNMENT There being no further business to come before the Authority, Chairwoman Smith Hymes moved to adjourn the meeting. The time was 7:08p.m. MINUTES FOR THE URBAN RENEWAL AUTHORITY MEETING THURSDAY MARCH 26, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 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: ______________________________ Brenda Torres, Authority Clerk APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Jake Wolf Chico Thuon Jennie Fancher Scott Prince Tamra Underwood (970) 748-4004 eheil@avon.org (970) 300-4373 pwisor@garfieldhecht.com TO: Honorable Mayor Smith Hymes and Councilmembers FROM: Eric Heil, Town Manager; Paul Wisor, Town Attorney RE: Avon Deed Restriction Program Work Session DATE: May 15, 2020 SUMMARY: This report outlines the policies for an Avon Deed Restriction Program based upon Council input from the April 28, 2020 Council work session and May 12, 2020 Council meeting, and provides an outline of the program. This report also recommends the adoption of Resolution 20-15 to implement the program. POLICIES: The strategy of these policies target first time home buyers due to the limited amount of initial funds for this program. The Avon Deed Restriction would be “purchased” at closing, meaning that the Town provides the negotiated amount of funds at closing and the Buyer executes the approved deed restriction at closing. These policies are intended to simply the eligibility definition, simply the deed restriction terms, and simplify the application process. GOALS: The goals of this Avon Deed Restriction program, with this initial level of funding, are the following: 1. Provide financial assistance to help 8-10 first time home buyers purchase in Avon by the end of 2020. 2. Execute Community Housing deed restrictions on the property tha t will add to Avon’s inventory of Community Housing subject to permanent deed restrictions. 3. Establish a deed restriction purchase program can continue with additional funding from Avon or from potential partners. Eligibility of Property: Any residential property in the Town of Avon is eligible for this Avon Deed Restriction regardless of price or location. Eligibility of Buyer: Buyers who meet the definition of Eagle County Employee as defined in Section 3.12.020 of the Avon Municipal Code. The definition is reprinted below: Eagle County employee means an employee working in Eagle County who works an average of at least thirty (30) hours per week on an annual basis or earns seventy -five percent (75%) of his or her income and earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a minimum of five (5) years in Eagle County for an average of at least thirty (30) hours per week on an annual basis; or a person who derives income from self -employment whose business is situated in Eagle County; or a person who works for an employer outside Eagle County if that person can demonstrate that the residence for which such person seeks an exemption under this Chapter is the primary residence for that per son. Residential Ownership: Buyers cannot own any other residential property in Eagle County at the time of purchase (i.e. closing date). Primary Residence: A Buyer is required to use the residence as a primary residence for at least three (3) years per the same definition and verification process as used for Real Estate Transfer Tax primary Page 2 of 3 exemptions. The form of the Deed Restriction would allow occupancy by any person who meets the definition of Eagle County Employee after three years, meaning that the buyer could rent the residence to Eagle County Employees after three years. This approach will implement the focus on assisting first time homebuyers to purchase in Avon while providing practical flexibility and oversight obligations of the Town over time as a permanent deed restriction. Minimum Required Down Payment: A Buyer must contribute at least three percent (3%) of Buyer’s funds towards the purchase price which does not include any third party down payment assistance funding. Negotiated Contribution: The amount of contribution from the Town to purchase the deed restriction would be negotiated on behalf of the Town by an administrative committee consisting of the Town Manager, Assistant Town Manager and Finance Director, and Town Attorney. The rang e of negotiation would be between 8% and 12% of the lesser of appraised value or the purchase price in the purchase contract. The administrative committee has the discretion to reject any application if there are concerns with the property or the purchase contract and the administration committee deems the deed restriction purchase to not be in the best interest of the Town. Maximum Contribution: The maximum contribution for a single transaction is seventy-five thousand ($75,000). Appropriation from Housing Fund: The initial appropriation from the Avon Community Housing Fund is six hundred and fifty thousand dollars ($650,000) which can fund at least eight (8) deed restrictions. Application Process: The Avon Deed Restriction program will be offered on a first come, first serve basis which will be queued by complete applications. A complete application requires a fully executed purchase agreement. Real Estate Transfer Tax Fund Contribution: Ordinance 20-07 will be presented to Council for first reading which would amend Section 3.12.110 of the Avon Municipal Code to allow, but not require, Council to appropriate a portion of Real Estate Transfer Tax revenues towards the Avon Community Housing Fund up to a maximum of ten percent (10%) revenues. Council would then determine the amount of Real Estate Transfer Tax revenue that would be budgeted for the Avon Community Housing Fund each year as part of the budget adoption process. Marketing: Staff will prepare a press release and information materials to be posted and sent to the realtors’ association and local financial institutions. Staff will propose options and recommendations for the name of the Avon Deed Restriction program for the May 26 th Council meeting. Resolution 20-15: Resolution 20-15, attached hereto as Attachment A, has been presented for Council’s consideration. Resolution 20-15 authorizes the Town Manager, Assistant Town Manager and the Town Attorney to implement the deed restriction program, and it authorizes t he Mayor, Town Manager and Town Attorney to execute the documents necessary to purchase a deed restriction. The Resolution also sets forth the parameters of the program, as set forth above. Finally, Resolution 20 -15 approves the forms of the documents to be utilized for the program, including forms of the Deed Restriction, Deed Restriction Purchase Agreement, Subordination Agreement, Deed Restriction Application and Staff Review Form. Page 3 of 3 Financial Considerations: As noted above, $650,000 is being allocated to the initial phase of the deed restriction program. Additional funding may be appropriated by Council from the Avon Community Housing Fund Recommendation: Staff recommends approval of Resolution 20-15. Proposed Motion: “I move to approve Resolution 20-15, authorizing the implementation of the Avon deed restriction program.” Thank you, Eric and Paul ATTACHMENTS: Attachment A – Resolution 20-15 (with attachments) Res 20-15 IMPLMENTING THE [INSERT NAME] DEED RESTICTION PURCHASE PROGRAM Page 1 of 9 TOWN OF AVON RESOLUTION 20-15 SERIES OF 2020 IMPLMENTING THE [INSERT NAME] DEED RESTICTION PURCHASE PROGRAM WHEREAS, Section E.1.1 of the Town of Avon Comprehensive Plan encourages the Town of Avon (the “Town”) to achieve a diverse range of housing densities, styles and types, including rental and for sale, to serve all segments of the populations; and WHEREAS, Section E.1.3 of the Town of Avon Comprehensive Plan provides the Town should achieve such housing goals through the adoption and implementation of deed restrictions; and WHEREAS, the Town of Avon Community Housing Plan provides the Town should seek to add deed restricted units to the Town’s housing inventory; and WHEREAS, the Town of Avon Community Housing Plan provides a program to buy down attainable market rate units with a permanent deed restriction, similar to the Vail InDeed program, is an effective mechanism by which the Town can preserve affordability with respect to those units; and WHEREAS, pursuant to Resolution 20-14, the Town Council has appropriated $650,000 from the Community Housing Fund for the purchase of deed restriction units the [NAME] Deed Restriction Program; and WHEREAS, the Avon Town Council desires to implement the [NAME] Deed Restriction Program, set parameters for such program and authorize the Mayor, Town Manager and Town Attorney, respectively to execute deed restrictions on behalf of the Town; and WHEREAS, the Avon Town Council hereby finds, determines and declares that this Resolution will promote the health, safety and general welfare of the Avon community. NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. The Town Council hereby delegates to the Town Manager, Assistant Town Manager and Finance Director and the Town Attorney (the “Evaluation Committee”) the authority to evaluate offers to sell and negotiate the purchase of deed restrictions subject to the conditions set forth herein. Res 20-15 IMPLMENTING THE [INSERT NAME] DEED RESTICTION PURCHASE PROGRAM Page 2 of 9 Section 2. The Town Council hereby delegates to the Mayor, Town Manager and Town Attorney the authority to execute purchase and sale agreements, deed restrictions, documents, instruments, papers and other forms necessary for the purchase of deed restrictions. Section 3. The purchase of deed restrictions shall be made subject to the following requirements: a. Deed restrictions shall only be purchased from “Qualified Owners” which shall be defined as: (1) a natural person who is an Eagle County Employee (as defined in Section 3.12.020 of the Avon Municipal Code); or (2) an owner of a business, business entity or organization (including for profit, non-profit, public and governmental entities) with operations located within the boundaries of Eagle County who intends to rent or provide rent-free the deed restricted property to an employee (or employees) who is an Eagle County Employee. b. Qualified Owners cannot own any other residential property in Eagle County at the time of purchase of the property upon which a deed restriction will be placed. c. The Town may purchase a deed restriction to be placed on any residential regardless of price or location. d. Qualified Owners shall use the residence as a primary residence for a period of at least three (3) years from the date of acquisition. Primary residence shall be determined per the same definition and verification process as used for Real Estate Transfer Tax primary exemptions. On and after the third anniversary of acquisition of the property upon which the deed restriction is placed by the Qualified Owner, the Qualified Owner may rent the property to Eagle County Employees. e. The maximum purchase price for any deed restriction shall not exceed seventy-five thousand dollars ($75,000.00). The purchase price shall range from eight percent (8%) to twelve percent (12%) of the purchase price of the home. f. Qualified Owners shall notify their lender and appraiser of their intent to place a deed restriction on the property to be acquired. g. Qualified Owners must contribute at least three percent (3%) of their own funds towards the purchase price, which funds do not include any third party down payment assistance funding. h. The Evaluation Committee shall consider applications for the purchase of deed restrictions on a first come, first serve basis, which will be queued by complete applications. A complete application requires a fully executed purchase and sale agreement. Res 20-15 IMPLMENTING THE [INSERT NAME] DEED RESTICTION PURCHASE PROGRAM Page 3 of 9 Section 4. Staff has provided, and Town Council has reviewed and hereby approves, in substantially the form of the Deed Restriction, Deed Restriction Purchase Agreement, Subordination Agreement, Deed Restriction Application and Staff Review Form, all attached hereto an incorporated herein as Exhibits A, B, C, D, and E, respectively. Section 5. The Town Council may, by motion, modify the criteria set forth herein. Res 20-15 IMPLMENTING THE [INSERT NAME] DEED RESTICTION PURCHASE PROGRAM Page 4 of 9 ADOPTED this 26th day of May 2020. By: __________________________________ Sarah Smith-Hymes, Mayor Attest: ________________________________ Brenda Torres, Town Clerk Res 20-15 IMPLMENTING THE [INSERT NAME] DEED RESTICTION PURCHASE PROGRAM Page 5 of 9 Exhibit A (Deed Restriction) Res 20-15 IMPLMENTING THE [INSERT NAME] DEED RESTICTION PURCHASE PROGRAM Page 6 of 9 Exhibit B (Deed Restriction Purchase Agreement) Res 20-15 IMPLMENTING THE [INSERT NAME] DEED RESTICTION PURCHASE PROGRAM Page 7 of 9 Exhibit C (Subordination Agreement) Res 20-15 IMPLMENTING THE [INSERT NAME] DEED RESTICTION PURCHASE PROGRAM Page 8 of 9 Exhibit D (Deed Restriction Application) Res 20-15 IMPLMENTING THE [INSERT NAME] DEED RESTICTION PURCHASE PROGRAM Page 9 of 9 Exhibit E (Staff Review Form) Page 1 of 12 Town of Avon – “Avon Indeed” Deed Restriction TOWN OF AVON - RESIDENT OCCUPIED “AVON INDEED” DEED RESTRICTION NON-PRICE CAPPED THIS DEED RESTRICTION PURCHASE AGREEMENT (the “Deed Restriction”) is entered into this day of , 2020 (the “Effective Date”) by and between the Town of Avon, Colorado, a Colorado home rule municipality with an address of 100 Mikaela Way, P.O. Box 975, Avon, Colorado 81620 (the "Town"), and , individuals with an address of ________________________, Avon, Colorado 81657 (collectively "Declarant") (each individually a "Party" and collectively the "Parties"). WHEREAS, Declarant is purchasing the real property and the improvements situated thereon, located at ___________________, Avon, Colorado 81620 and more particularly described in Exhibit A hereto (the “Property”); and WHEREAS, in exchange for compensation as set forth in a Deed Restriction Purchase Agreement, Owner has agreed to place certain restrictions on the use of the Property for the benefit of the Town by requiring occupancy of the Property by at least one qualified resident, as defined below. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows: COVENANTS 1. Restriction and Recording. The Property is hereby burdened with the covenants and restrictions specified in this Deed Restriction. The Town shall record this Deed Restriction against the Property at Declarant’s expense. 2. Definitions. The following definitions shall apply to terms used in the Deed Restriction: a. Eagle County Employee means an employee working in Eagle County who works an average of at least thirty-two (32) hours per week for at least eight (8) months in each calendar year or earns seventy -five percent (75%) of his or her income and earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a minimum of five (5) years in Eagle County for an average of at least thirty-two (32) hours per week for at least eight (8) months in each calendar year ; or a person who derives income from self-employment whose business is situated in Eagle County; or a person who works for an employer outside Eagle County if that person can demonstrate that such residence is the primary residence for that person. b. Owner means any person who acquires an ownership interest in the Property, subject to the conditions contained herein, and may include either a Qualified Owner or Non- Qualified Owner, as the context requires. i. Qualified Owner means (1) a natural person who is an Eagle County Employee.; or (2) an owner of a business, business entity or organization (including for profit, Page 2 of 12 Town of Avon – “Avon Indeed” Deed Restriction non-profit, public and governmental entities) with operations located within the boundaries of Eagle County who intends to rent or provide rent-free the Property to an employee (or employees) who is an Eagle County Employee, and in each case who possesses an ownership interest in the Property in compliance with the terms and provisions of this Deed Restriction and whose qualifications to own the Property have been certified by the Town at the time the Owner takes title to the Property. In the case of a natural person who is an Eagle County Employee, such person shall not own any other residential property in Eagle County at the time of purchase of the Property. ii. Non-Qualified Owner means any person who does not meet the definition of Qualified Owner including persons who originally qualified as a Qualified Owner but whose circumstances change and who no longer meet the definition of Qualified Owner. c. Primary Residence means the occupation and use of a residence as the primary residence, which shall be determined by the Town Manager by taking into account the following circumstances: voter registration in Avon, Colorado (or signing an affidavit stating that the applicant is not registered to vote in any other place); stated address on Colorado driver’s license or Colorado identification card; stated address on motor vehicle registration; ownership or use of other residences not situated in Avon, Colorado; stated residence for income and tax purposes; and such other circumstances as well as such processes for verification and investigation deemed appropriate by the Town Manager to determine that the applicant is continuously occupying and using the residence as a primary residence. Primary residence status may be maintained if unforeseen circumstances arise that requires the resident Eagle County Employee to temporarily leave the residence for a period not to exceed nine (9) months with the intent to return, and the residence is leased to another Eagle County Employee(s) after receiving written approval from the Town Manager. d. Second Home shall mean the status of the Property when used by any person who has a primary residence that is other than the Property. e. Short Term Rental shall mean the rental or lease of the Property for a period of time that is fewer than thirty (30) days. f. Town shall include employees of the Town of Avon or subcontractors retained by the Town who are tasked with enforcing Deed Restriction agreements. 3. Ownership and Use of the Property. a. Notice. Prior to acquiring the Property, Declarant acknowledges Declarant is required to notify any lender or appraiser engaged by Declarant, or otherwise assisting Declarant, in connection with the acquisition of the Property of Declarant’s intent to enter into this Deed Restriction and cause such Deed Restriction to be recorded against the Property. Page 3 of 12 Town of Avon – “Avon Indeed” Deed Restriction b. Ownership. Ownership of the Property shall be limited to a Qualified Owner (who may take title with such Qualified Owner’s spouse or civil union partner [if the Qualified Owner is a natural person who is an Eagle County Employee] and/or with a co-signor if the co- signor is signing for the sole purpose of facilitating the financing qualifications of the Qualified Owner and signs an affidavit that the co-signor is not a co-purchaser for investment or resale purposes). c. Occupancy and Use. During the first three (3) years of ownership by the Owner, the Owner shall occupy and use the Property as the Owner’s Primary Residence. On and after the third anniversary of the Owner’s acquisition of the Property, occupancy and use of the Property may include, but shall be limited to, (1) the Qualified Owner for their occupancy and use as a Primary Residence or (2) one or more Eagle County Employees for occupancy and use as a Primary Residence. Permitted occupancy and use shall include immediate family members of the Qualified Owner or such Eagle County Employee or Employees and temporary invitees who do not provide compensation for temporary residence at the Property. Any lease of the Property by the Owner shall be to an Eagle County Employee or Employees for use as a Primary Residence for periods of thirty (30) days or longer. Use or lease of the Property as a Second Home or for Short Term Rental is prohibited. Any use or lease of the Property which is not allowed or is prohibited by this Deed Restriction shall constitute a default and shall be subject to the enforcement provisions and remedies contained in this Deed Restriction. d. It shall not be deemed a violation of Sections 3.a or b. above if i. The resident Eagle County Employee becomes disabled and is no longer able to work as determined by the Town in its sole exclusive discretion; or ii. The resident Eagle County Employee has lost full-time employment and is actively seeking reemployment, not to exceed ninety (90) days after loss of employment; or iii. The Property is unoccupied and the Owner of the Property is actively seeking to sell or lease the Property to an Eagle County Employee, provided that the period of vacancy of the Property shall not exceed twelve (12) months. e. Owner covenants that the Owner shall not permit any occupancy, use or lease of the Property in violation of this Section 3. f. Owner covenants that any lease of the Property shall include a reference that such lease is subject to the terms and conditions of this Deed Restriction, including but not limited to restrictions on the use and occupancy of the Property and cooperation on providing required documentation for verification of Eagle County Employee and Primary Residence status. g. No later than February 1st of each year, the Owner of the Property shall submit to the Town a certification setting forth evidence establishing that the Property’s occupancy and use complies with this Deed Restriction on a form provided by the Town, which form Page 4 of 12 Town of Avon – “Avon Indeed” Deed Restriction shall be sent to the address of record of the Owner according to the Eagle County Assessor’s Office. 4. Re-Sale Controls. The Property may not be sold or otherwise transferred to any person other than a Qualified Owner in accordance with the procedures for prior verification contained in this Section 4. a. Owner shall deliver to the Town a written notice of intent to sell the Property which notice shall include the name(s) of the buyer(s) and all information required to determine whether the buyer(s) meets the definition of Qualified Owner. b. Buyer(s) shall submit an administrative fee in the amount of TWO HUNDRED AND FIFTY DOLLARS ($250.00) to the Town to pay for the cost of reviewing and rendering a determination as to whether a prospective Buyer(s) meets the definition of a Qualified Owner. The administrative fee may be increased by the Town Council over time by an amount equal to annual increases in the Consumer Price Index for All Urban Consumers for the Denver-Aurora-Lakewood, Colo., metropolitan area as defined by the United States Bureau of Labor Statistics (or such other Consumer Price Index as may be adopted by the United States Bureau of Labor Statistics for Colorado) to cover the Town’s costs associated with processing the application. c. Once the Town has received complete information concerning the prospective Buyers(s) and has received the administrative fee, the Town shall review the information and make a written determination as to whether the buyer(s) meets the definition of a Qualified Owner within a reasonable time and not to exceed thirty (30) days. d. The Town may require the Buyer to reimburse the Town for any additional costs that are incurred in the review and determination of whether a buyer(s) meets the definition of a Qualified Owner, including but not limited to legal costs, title review costs, and investigation costs if reasonably required by the Town to complete its investigation. e. The Owner may sell and convey the Property to the Buyer(s) that is determined in writing by the Town to be a Qualified Owner. 5. Default by Owner. If the Town has reasonable cause to believe that the occupancy or use of the Property is in violation of any provision of this Deed Restriction, the Town may inspect the Property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner and occupants with at least twenty four (24) hours written notice. Notice to the occupants may be given by posting notice on the door to the Property. This Deed Restriction shall constitute permission to enter the Property during such times upon such notice without further consent. A default by Owner shall include breach of the covenants set forth in this Deed Restriction, including without limitation any of the following: a. Transfer or conveyance of the Property to a person or entity that is not a Qualified Owner. b. Acceptance of the Property by a person or entity that is not a Qualified Owner. Page 5 of 12 Town of Avon – “Avon Indeed” Deed Restriction c. Transfer or conveyance of the Property to a person who is a Qualified Owner prior to obtaining certification from the Town that such person is a Qualified Owner. d. Any ownership, use or occupancy of the Property in violation of Section 3 above, including, without limitation, any lease of the Property to a person or entity that is not an Eagle County Employee. e. Failure to submit an annual certification of occupancy and use as described in Section 3.f above. f. Failure to make payments and comply with the terms of any deed of trust placed on the Property. g. Any action by the Owner to encumber the Property in a manner that conflicts with the terms of this Deed Restriction or renders compliance with the terms of this Deed Restriction impossible or impractical. h. Permitting the use of the Property as a Short Term Rental or Second Home. 6. Notice and Cure. In the event a violation of this Deed Restriction is discovered, the Town shall send a written notice of default to the Owner detailing the nature of the default and providing sixty-five (65) days for the Owner to cure such default. Notwithstanding the foregoing or any other term of this Deed Restriction, a default for lease or use of the Property as a Short Term Rental or a Second Home shall be cured by the Owner immediately. The notice shall state that the Owner may request an appeal of the violation finding in writing within ten (10) days of such notice, in which event the Town shall administratively review the finding and, if the violation finding is upheld, the Owner may request in writing within ten (10) days of such administrative decision a hearing before the Avon Town Council. A decision of the Avon Town Council may only be judicially appealed in the District Court of Eagle County pursuant to C.R.C.P. 106. If no administrative or Town Council appeal is timely requested in writing and the violation is not cured within sixty-five (65) days of mailing the notice of default, the Owner shall be deemed to be in violation of this Deed Restriction. If an administrative or Town Council appeal is requested, the decision of the Avon Town Council (or administrative decision if such decision is not timely appealed to the Town Council) shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. If a decision of the Avon Town Council is judicially appealed, an order of the Court confirming the violation shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. In the event of any lease to a person who is not an Eagle County Employee or use of the Property as a Short Term Rental or Second Home, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as a material requirement of curing the notice of default. Page 6 of 12 Town of Avon – “Avon Indeed” Deed Restriction 7. Remedies. In the event of violation, non-performance, default or breach of any term of this Deed Restriction by the Owner, Town shall have the right to enforce Owner’s obligations herein by an action for any equitable remedy, including injunction or specific performance, as well as pursue an action to recover damages. In addition, any amount due and owing to the Town shall bear interest at the rate of one and one half percent (1.5%) per month (eighteen percent [18%] per annum, compounded annually) until paid in full. The Town shall be entitled to recover any costs related to enforcement of this Deed Restriction, including but not limited to attorney’s fees, court filing costs and county recording costs. In addition to any other remedy provided by law or equity, the Town may attach a lien for any amount due to the Town upon the Property and enforce the lien in the manner and according to the procedures set forth in Colorado Revised Statutes, Section 31- 20-105, and the Owner expressly waives any objection to the attachment of a lien for amounts due to the Town. In the event of a transfer or conveyance of the Property which violates the terms of this Deed Restrictions and constitutes a violation of this Deed Restriction, both the grantor and grantee shall be jointly and severally liable for any damages and costs due under this Deed Restriction. 8. Liquidated Damages. The parties acknowledge and agree that in the event of a violation of this Deed Restriction by the Owner, the determination of actual monetary damages would be difficult to ascertain. Therefore, the Town and Owner hereby agree that liquidated damages shall be calculated and applied in the amount of THREE HUNDRED DOLLARS ($300.00) per day for each day that the Owner is in violation of this Deed Restriction after having failed to timely cure the violation of this Deed Restriction. Liquidated damages shall be in addition to the Town’s ability to recover costs as stated in Section 7 above. Liquidated damages shall be in addition to the Town’s right to seek equitable remedies of injunction and/or specific performance. In the event of any lease or use of the Property as a Second Home or Short Term Rental, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as liquated damages as demanded by the Town (in lieu of the $300 daily liquidated damages), including such amounts collected or received by Owner prior to receipt of a Notice of Default and prior expiration of a sixty-five (65) day period to cure, and such amounts shall be in addition to the right of the Town to recover costs and seek equitable remedies. 9. Release of Deed Restriction in Event of Foreclosure or Deed in Lieu. a. An Owner shall notify the Town, in writing, of any notification received from a lender of past due payments or defaults in payments or other obligations within five (5) days of receipt of such notification. b. An Owner shall immediately notify the Town, in writing, of any notice of foreclosure under the first deed of trust or any other subordinate security interest in the Property, or when any payment on any indebtedness encumbering the Property is required to avoid foreclosure of the first deed of trust or other subordinate security interest in the Property. c. Within sixty (60) days after receipt of any notice described herein, the Town may (but shall not be obligated to) proceed to make any payment required to avoid foreclosure. Upon making any such payment, the Town shall place a lien on the Property in the amount paid to cure the default and avoid foreclosure, including all fees and costs resulting from such foreclosure. Page 7 of 12 Town of Avon – “Avon Indeed” Deed Restriction d. Notwithstanding any other provision of this Deed Restriction (but subject to Section 9.f below), in the event of a foreclosure, acceptance of a deed-in-lieu of foreclosure, or assignment, this Deed Restriction shall remain in full force and effect, including without limitation Section 4 hereof, restricting Transfer of the Property. e. The Town shall have thirty (30) days after issuance of the public trustee’s deed or the acceptance of a deed in lieu of foreclosure by the holder in which to purchase by tendering to the holder, in cash or certified funds, an amount equal to the bid price or the redemption price paid by the holder, interest in the amount of eight (8) percent per annum from the date of the issuance of the public trustee’s deed or the recording of a deed in lieu of foreclosure through the date of the Town’s purchase. f. Notwithstanding Section 9.d above, in the event that the Property is encumbered by a mortgage or deed of trust insured by the U.S. Department of Housing and Urban Development (“HUD”) and representing a purchase money first priority mortgage or deed of trust, this Deed Restriction shall automatically and permanently terminate upon foreclosure of such mortgage or deed of trust, upon acceptance of a deed in lieu of foreclosure of such mortgage or deed of trust, or upon assignment of such mortgage or deed of trust to HUD. 10. Option to Purchase. In the event of default by the Owner which is not cured, or upon receipt of a notice of foreclosure or other notice of default provided by the holder of a deed of trust , lien or other encumbrance as provided in Section 9 above (whichever is earlier), the Town shall have the option to purchase (“Option to Purchase”) the Property in accordance with the procedures and terms set forth as follows: a. The Town shall have an Option to Purchase for sixty-five (65) days (“Option Period”). b. The Town shall have right of entry onto and into the Property during the Option Period to inspect the Property. c. The Town shall have the right to purchase the Property for the amount due to the holders of any deeds of trust, liens or other encumbrances up to the maximum amount defined in Section 5.g. above (together with interest, fees and costs expressly chargeable under deed of trust, lien or other encumbrance instrument), which amounts shall be paid in order of priority of the holders of such deeds of trusts, liens or other encumbrances provided that this Deed Restriction shall remain in effect and burden the Property after acquisition by the Town and upon re-conveyance to a subsequent Qualified Owner. d. The Town shall have the right to assign the Town’s right to purchase the Property to any Qualified Owner provided that this Deed Restriction shall remain in effect and burden the Property. e. Upon payment by Town or assigns, Owner shall convey title to the Property by a special warranty deed in accordance with Colorado Revised Statute §38-30-115 and shall include the words, “and warrant title against all persons claiming under me.” Page 8 of 12 Town of Avon – “Avon Indeed” Deed Restriction f. Normal and customary closing costs shall be shared equally between the Owner and Town or Town’s assigns. The Town or assigns shall be responsible, at its cost, for any and all title insurance fees, document fees, and recording fees of the deed. Taxes shall be prorated based upon taxes for the calendar year immediately preceding closing. g. If the Town or assigns do not exercise the Option to Purchase during the Option Period, then the holder of a deed of trust shall nonetheless remain subject to this Deed Restriction as provided in Section 9.d above, subject, however, to Section 9.f above. In the event that Town’s Option to Purchase arises from a default by Owner and not a notice of foreclosure or notice of default submitted by the holder of a deed of trust to the Town, then the Town may unilaterally extend the Option Period until such time as Town, or assigns, exercise the Option to Purchase or the Owner cures any and all defaults. 11. Tax Sale. In the event of a tax sale this Deed Restriction shall remain in full force and effect, shall run with and burden the land, and shall constitute a condition of the subdivision and land use approval which shall survive and sale of the Property through a tax lien sale process. 12. General Provisions. a. Severability. If any term, provision, covenant or condition of this Deed Restriction is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Deed Restriction shall continue and remain in full force and effect. b. Counting Days. If the final day of any notice, default or other event falls on a Saturday, Sunday, legal holiday recognized by the State of Colorado or day upon which the Avon Town Hall is closed for any reason, then the final day shall be deemed to be the next day which is not a Saturday, Sunday, legal holiday or day that the Avon Town Hall is closed. c. Waiver. No waiver of one or more of the terms or provisions of this Deed Restriction shall be effective unless provided in writing. No waiver of any term or provision of this Deed Restriction in any instance shall constitute a waiver of such provision in any other instance. The Town Council may provide a waiver along with any conditions of the waiver with regard to any of the terms and provisions in this Deed Restriction where unusual or unforeseen circumstances exist and the Owner is diligently seeking to cure a default and such waiver, with conditions if any, supports the purpose and intention of this Deed Restriction. d. Amendment. This Deed Restriction may only be amended in writing by the mutual agreement of the Owner and the Town and recorded with the Clerk and Recorder’s Office of Eagle County, Colorado. e. Recording. The Owner shall record this Deed Restriction in the Property Records of Eagle County, Colorado and the original executed and record documents must be returned to the Town. f. Assignment. The Town may assign this Deed Restriction and all rights and obligations, without consent of the Owner, to any other public entity, non-profit corporation or other Page 9 of 12 Town of Avon – “Avon Indeed” Deed Restriction entity which is organized and exists for the purpose to provide and promote affordable housing for full time residents. g. No Third-Party Beneficiaries. Nothing contained in this Deed Restriction is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party. h. Choice of Law. This Deed Restriction shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any legal action arising from this Deed Restriction shall be in Eagle County, Colorado. i. Successors. Except as otherwise provided herein, the provisions and covenanted contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. The covenants shall be a burden upon and run with the Property for the benefit of the Town or the Town’s assigns, who may enforce the covenants and compel compliance therewith through the initiation of judicial proceedings for, but not limited to, specific performance, injunctive relief, reversion, eviction and damages. j. Section Headings. Paragraph or section headings within this Deed Restriction are inserted solely for convenience of reference and are not intended to and shall not govern, limit or aid in the construction of any terms or provisions contained herein. k. Gender and Number. Whenever the context so requires in this Deed Restriction, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. l. Notice. Any notice, consent or approval, which is required to be given hereunder, shall be given by either depositing in the U.S. Mail with first class postage pre-paid; mailing by certified mail with return receipt requested; sending by overnight delivery with a nationally recognized courier service that delivers to the physical address of the Property; or, by hand- delivering to the intended recipient. Notices shall be provided to the Town of Avon at P.O. Box 975, 100 Mikaela Way, Avon, CO 81620. Notices shall be provided to Owner at the address provided by the Eagle County Assessor’s office. [signature page follows] Page 10 of 12 Town of Avon – “Avon Indeed” Deed Restriction IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day and the year first written above. OWNER: [______________________________________] [______________________________________] By:_________________________________ Name: ______________________________ Its: _________________________________ STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ____________________, 2020, by ___________________________________, as the owner of the real property described above. Witness my hand and official seal. ______________________________ Notary Public My commission expires: ________________ Page 11 of 12 Town of Avon – “Avon Indeed” Deed Restriction TOWN OF AVON, CO: By:__________________________________ Attest:______________________________ Eric Heil, Town Manager Brenda Torres, Town Clerk STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) Subscribed before me this ______ day of _______________, 2020, by Eric Heil, as Town Manager, and Brenda Torres, as Town Clerk of the Town of Avon, a Colorado home rule municipal corporation. Witness my hand and official seal. ______________________________ Notary Public My commission expires: ________________ Page 12 of 12 Town of Avon – “Avon Indeed” Deed Restriction Exhibit A [Insert Property Legal Description] DEED RESTRICTION PURCHASE AGREEMENT THIS DEED RESTRICTION PURCHASE AGREEMENT (the "Agreement") is entered into this day of , 2020 (the "Effective Date") by and between the Town of Avon, Colorado, a Colorado home rule municipality with an address of 100 Mikaela Way, Avon, Colorado 81620 (the "Town"), and , individuals with and address of _____________________ (collectively, “Purchaser”) (each individually, a “Party” and collectively the “Parties”). WHEREAS, Purchaser is purchasing the real property and the improvements situated thereon, located at , Avon, Colorado 81620 (the “Property”); WHEREAS, in exchange for compensation as set forth herein, Purchaser has agreed to place certain restrictions on the use of the Property for the benefit of the Town by requiring occupancy of the Property by at least one qualified resident, as set forth in the Deed Restriction Agreement executed contemporaneously herewith (the "Deed Restriction"); and WHEREAS, the Deed Restriction is of value to the Town, and the Town is willing to compensate Purchaser for the value of the Deed Restriction. NOW , THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. Conveyance. Purchaser agrees to convey, sell, transfer and assign to the Town, and the Town agrees to purchase from Purchaser, the Deed Restriction, on the terms and conditions of this Agreement. 2. Purchase Price. The purchase price for the Deed Restriction shall be $ (the "Purchase Price"), delivered to Purchaser at closing in funds which comply with all applicable Colorado laws, which include electronic transfer funds, certified check and cashier's check, at the Town's option. 3. Purchaser Contribution. As a condition of the Town acquiring the Deed Restriction, Purchase agrees it will contribute three percent (3%) or more of Purchaser funds towards the purchase price of the Property, which funds to not include any third party down payment assitance funding. 4. Closing. The closing will occur at a mutually agreeable location, at a date agreed upon by the Parties within 14 days of the Effective Date. 5. Notice and Consent. Purchaser certifies that Purchaser has notified every person or entity holding a lien or other encumbrance on the Property as well as every person or entity Purchaser reasonably believes will hold a lien or encumbrance on the Property of the proposed purchase of the Deed Restriction by the Town, and if necessary, obtained each of their consent to the recording of the Deed Restriction against the Property. Should Purchaser not provide such notice or obtain such consent, and Purchaser's failure to do so causes the Deed Restriction to become unenforceable, invalid or void for any reason, Purchaser shall reimburse the entire Purchase Price to the Town within 30 days of receipt of written notice from the Town. 6. Purchaser's Representations and W arranties. Purchaser hereby represents and warrants that the following statements are now, and will be as of the closing date, true and correct, to the best of Purchaser's knowledge, and Purchaser shall give the Town prompt written notice if any of the representations or warranties made by Purchaser in this Agreement are no longer true or correct in any material manner: a. There is no action, suit or proceeding pending, or to the best of Purchaser's knowledge threatened, against or otherwise affecting Purchaser or the Property in any court of law or equity, or before any governmental authority, in which an adverse decision might materially impair Purchaser's ability to perform its obligations under this Agreement. b. There is no pending or threatened condemnation or similar proceeding affecting the Property. 7. Town's Remedies. In the case of any breach of this Agreement by Purchaser, the Town may terminate this Agreement by written notice to Purchaser, and the Town shall have all remedies available at law or equity for such breach. In addition to all other remedies, in the case of a breach of this Agreement by Purchaser, the Town shall have the right to recover the entire Purchase Price from Purchaser, in addition to all costs and fees, including attorney fees, incurred by the Town. 8. Miscellaneous. a. Entire Agreement. This Agreement contains the entire agreement of the Parties. There are no other agreements, oral or written, and this Agreement can be amended only by written agreement signed by the Parties. b. Agreement Binding; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of the Parties. c. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail to the Party at the address set forth on the first page of this Agreement. d. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. e. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. f. Third Parties. There are no intended third-party beneficiaries to this Agreement. g. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. h. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. IN W ITNESS W HEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF AVON, COLORADO ATTEST: Eric Heil, Town Manager Brenda Toress , Town Clerk STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 20 , by . Witness my hand and official seal. Notary Public (S E A L) My commission expires: PURCHASER __________________________________ Name: ____________________________ STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 20 , by . Witness my hand and official seal. Notary Public (S E A L) My commission expires: SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT (the "Agreement") is entered into this day of __ , 2020 (the "Effective Date") by and between the Town of Avon, Colorado, a Colorado home rule municipality with an address of 100 Mikaela Way, Avon, CO 81620 (the “Town”), and , a financial institution with an address of _, , Colorado (“Lender”) (each a "Party" and collectively the "Parties"). WHEREAS, the Deed Restriction Agreement dated 20 , recorded on _______________ , 20__ under Reception No. ________________of the records of the Clerk and Recorder of Eagle County, Colorado, as amended (the “Deed Restriction”) burdens the real property more particularly described as ); WHEREAS, the owner of the Property has requested Lender to issue a loan secured by a deed of trust encumbering the Property; and WHEREAS, Lender is willing to subordinate the loan to the Deed Restriction under the terms of this Agreement. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. Subordination. Lender unconditionally subordinates its lien under the deed of trust on the Property issued by Lender on , 20 _ (the “Deed of Trust”) to the Deed Restriction. Lender agrees that its lien on and all other rights and interests in the title to the Property resulting from the Deed of Trust will remain subordinate to all rights and interests in the title to the Property resulting from the Deed Restriction, regardless of any renewal, extension or further modification of the Deed of Trust. 2. Notice. If Lender accepts a deed in lieu of foreclosure of the Deed of Trust, Lender shall give the Town written notice within 20 days after the deed is recorded with the Clerk and Recorder of Eagle County, Colorado. 3. Miscellaneous. a. Modification. This Agreement may only be modified by subsequent written agreement of the Parties. b. Integration. This Agreement and any attached exhibits constitute the entire agreement between the Parties, superseding all prior oral or written communications. c. Severability. If any provision of this Agreement is determined to be void by a court of competent jurisdiction, such determination shall not affect any other provision hereof, and all of the other provisions shall remain in full force and effect. d. Governing Law, Venue and Enforcement. This Agreement shall be governed by and interpreted according to the law of the State of Colorado. Venue for any action arising under this Agreement shall be in the appropriate court for Eagle County, Colorado. To reduce the cost of dispute resolution and to expedite the resolution of disputes under this Agreement, the Parties hereby waive any and all right either may have to request a jury trial in any civil action relating primarily to the enforcement of this Agreement. The Parties agree the rule providing ambiguities in a contract are to be construed against the drafting party shall not apply to the interpretation of this Agreement. If there is any conflict between the language of this Agreement and any exhibit or attachment, the language of this Agreement shall govern. 2 e. Agreement Binding; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of the Parties. f. Third Party Beneficiaries. Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub-consultant or sub-contractor of Contractor. Absolutely no third party beneficiaries are intended by this Agreement. Any third-party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. g. No Joint Venture. Notwithstanding any provision hereof, the Town shall never be a joint venture in any private entity or activity which participates in this Agreement, and the Town shall never be liable or responsible for any debt or obligation of any participant in this Agreement. h. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail to the Party at the address set forth on the first page of this Agreement. i. Recording. This Agreement shall be recorded with the Eagle County Clerk and Recorder. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF AVON ___________________________________________ Eric Heil, Town Manager ATTEST: __________________________________________ Brenda Torres, Town Clerk 3 LENDER: STATE OF _____________________) ) ss. COUNTY of ____________________) The foregoing instrument was subscribed, sworn to, and acknowledged before me this___________ day of , 2020, by ______________________________________ as ________________of the Lender. My commission expires: _. (SEAL) Notary Public ________________________________________________________________________ 100 Mikaela Way Finance Department Avon, Colorado 81620 970.478.4000 Application Date: ______________________________________________ Your name: ______________________________________________ Provide name(s) as title to property will be or is held Your current mailing address: ______________________________________________ Your e-mail: ______________________________________________ Your phone: ______________________________________________ Amount of money requested: $_____________________________________________ Avon property address to be deed restricted: ______________________________________________ Property Type: ☐ Single Family ☐ Condo ☐ Townhouse ☐ Duplex Number of bedrooms/bathrooms: ________________Bedrooms_______ ______Bathrooms Number of unit parking spaces; total property parking spaces: ______________________________________________ Are you under contract? ______________________________________________ Contract or list price: ______________________________________________ Closing date or date decision is needed: ______________________________________________ Is there a Home Owner’s Association? ☐ Yes, there is an HOA ☐ No, there is no HOA Is there any pending or upcoming special assessments (SA’s)? ☐ Pending SA ☐ Upcoming SA ☐ No SA Is there a right of first refusal? ______________________________________________ The Town cannot place a deed restriction on property with right of first refusal Name of Lender: ______________________________________________ Have you notified your Lender and Appraiser of your intent to place a Deed Restriction on the Property? ______________________________________________ Is there additional property information You wish to share? (optional): ______________________________________________ Avon Deed Restriction Program Application _______________________________________________________________________________ 100 Mikaela Way Finance Department Avon, Colorado 81620 970.478.4000 Applicant: Review Date: Property Address: Y / N Supports and maintains a permanent year- round resident population that grows a diverse community where a wide range of demographics, economics, occupations and family household sizes are served. Y / N Amplifies “missing middle” in Avon. Y / N Demonstrated demand exists within the resident housing market for the type of residential product (studio, flat, townhome, duplex, single family, etc.) that is to be deed restricted Y / N Fulfills a demonstrated need within a defined segment (i. e. for rent, for sale, owner occupied, etc.) of the residential property mark et. Y / N The mark et value of the deed restriction is comparable in value to other existing deed restrictions within the community as demonstrated by a licensed real estate appraiser. Y / N Most cost effective and efficient use of the Town's limited supply of financial resources Y / N Fair market value is paid for the deed restriction relative to current market conditions (i. e. supply & demand) Y / N Site Visit Y / N Verification of applicant’s intent to contribute at least three percent (3%) towards the purchase price, which does not include any third party down payment assistance funding, Unit Condition:_________________________________________________________________________________ Current Unit Use: ______________________________________________________________________________ Neighborhood Sales Search _____________________________________________________________________ Town of Avon Offer: _______________ Applicant Counter: ________________ Agreed Amount: ________________ Avon Deed Restriction Program Staff Review 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Eric Heil, Town Manager RE: Ordinance 20-06 Allocation RETT Revenues DATE: May 21, 2020 SUMMARY: Ordinance No. 20-06 is presented to Council for first reading. Ord. No. 20-06 amends Section 3.12.110 – Allocation of Revenue to authorize Council to allocate up 10% of the Real Property Transfer Tax (RETT) revenues to the Community Housing Fund as part of the annual budget process. BACKGROUND: Council adopted the Town of Avon Community Housing Plan in December, 2018. The Community Housing Plan includes guidance and strategies to adopt a deed restriction purchase program as well as review current revenue streams and determine if additional funds could be directed towards Community Housing purposes. The Town has an established Community Housing Fund in which we place funds that are restricted for use on Community Housing projects. MUNICIPAL CODE AMENDMENTS: The proposed municipal code amendments would add language to the existing section on allocation of RETT revenue. The underlined and strike-out language is the proposed language revisions: 3.12.110 – Allocation of revenue. All revenues derived from the tax imposed pursuant to this Chapter shall be allocated as follows: (1) On and after January 1, 1988, said all revenues shall be deposited into the public improvements fund of the Town for the purpose of capital improvements, including but not limited to railroad crossings, bridges and streets, payment of principal of premium, if any, and interest on debt incurred by the Town relating to capital improvements; (2) up to a maximum of ten percent (10%) of the total revenues budgeted or received in year 2020 and for each year thereafter, to the Community Housing Fund; or, (3) upon determination of an emergency by unanimous minus one (1) vote of Council Members present, for any valid municipal purpose. ANALYSIS: Ordinance No. 20-06 does not mandate the allocation of a portion of the RETT revenue to Community Housing Fund. Rather, it simply authorizes Council to allocate up to 10% of revenues each year. The actual allocation would be determined as part of the annual budget process. FINANCIAL CONSIDERATION: The Town receives an average of $2.5 million per year in RETT revenue and receives as much as $4 million on years with initial sales of new real estate product and when the real estate market is strong and active. Council could potentially allocate $250,000 to $400,000 per year towards the Community House Fund, which would be determined each year as part of the annual budget process. PROPOSED MOTION: “I move to approve first reading of Ordinance No. 20-06 Amending Avon Municipal Code Section 3.12.110 to Authorize Allocation of a Portion of Real Property Transfer Tax Revenue to the Community Housing Fund.” Thank you, Eric Ord 20-06 Amending 3.12.110 Allocation of Revenue First Reading – May 26, 2020 Page 1 of 4 ORDINANCE NO. 20-06 AMENDING AVON MUNICIPAL CODE SECTION 3.12.110 TO AUTHORIZE ALLOCATION OF A PORTION OF REAL PROPERTY TRANSFER TAX REVENUE TO THE COMMUNITY HOUSING FUND WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon (“Town”), the Town Council has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, the Town of Avon Community Housing Plan states that the Avon Town Council will, “. . . review current revenue streams and determine if additional funds can be direct to housing efforts through the annual budget process.” and WHEREAS, Council finds that that from time to time the Real Property Transfer Tax revenues are sufficient to fund both capital improvements project in the five year capital improvements plan and allow a portion of such revenues to be allocated to the Community Housing Fund; and WHEREAS, the Town Council finds that allocating a portion of Real Property Transfer Tax revenues to the Community Housing Fund through the annual budget process will promote the health, safety and general welfare of the Avon community; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. SECTION 3.12.110 Repealed and Re-Enacted. Section 3.12.110 of the Avon Municipal Code is hereby repealed in its entirety and re-enacted to read as follows: 3.12.110 – Allocation of revenue. Attachment A: Ordinance 20-06 Ord 20-06 Amending 3.12.110 Allocation of Revenue First Reading – May 26, 2020 Page 2 of 4 All revenues derived from the tax imposed pursuant to this Chapter shall be allocated as follows: (1) Subject to (2) and (3) below, all revenues shall be deposited into the public improvements fund of the Town for the purpose of capital improvements, including but not limited to railroad crossings, bridges and streets, payment of principal of premium, if any, and interest on debt incurred by the Town relating to capital improvements; (2) up to a maximum of ten percent (10%) of all revenues may be deposited into the Community Housing Fund; or, (3) upon determination of an emergency by unanimous minus one (1) vote of Council Members present, for any valid municipal purpose. Section 3. 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 4. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. 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 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Attachment A: Ordinance 20-06 Ord 20-06 Amending 3.12.110 Allocation of Revenue First Reading – May 26, 2020 Page 3 of 4 Section 7. 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 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 May 26, 2020 and setting such public hearing for June 9, 2020 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY:_____________________________ ATTEST:________________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ADOPTED ON SECOND AND FINAL READING on June 9, 2020. BY:______________________________ ATTEST:________________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Paul Wisor, Town Attorney Attachment A: Ordinance 20-06 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Eric Heil, Town Manager RE: Ice Skating Presentation DATE: May 21, 2020 SUMMARY: This report summarizes and supplements the information submitted by Staff regarding winter ice skating options. Council input would be very helpful at this time for planning and budgeting purposes. Staff researched the topic of ice safety thoroughly. ICE SKATING ON NOTTINGHAM LAKE: Safe public ice skating on Nottingham Lake is challenging due to Avon’s lower elevation and due to trends with warmer winter temperatures. Based on the ice depth data collected this year and after review of other lake ice skating facilities and their ice safety protocols, I believe Avon can provide safe public ice skating on Nottingham Lake. However, the ice skating season on Nottingham Lake is likely to be limited to three weeks and is not likely to be begin until after the holidays in early January. Lake Skating Season: We would not have been able to open the lake ice to public skating before January 10, 2020 this year and we would have been required to close the lake ice to public skating at the end of January. The ice integrity deteriorated quickly at the very end of January and there was too little black ice for safe public skating by the February 5 ice sampling date. Even Keystone Lake at 9,100’ in elevation has a hard time opening for the holidays and not able to do so every year. Please see the attachment on predicting the growth of lake ice depth from Canada. The methodology looks at averaging the high and low temperatures. This methodology highlights the challenge in Avon where we experience average high and low temperatures above freezing into late December and by early February, which shrinks the ice depth and weakens the ice integrity quickly. Snow Removal: An ice skating facility on Nottingham Lake will require regular and prompt snow removal from the ice. Snow must be actually pushed to the south shore edge and moved off the lake. Avon’s past experience and comments from both Keystone and Evergreen indicate that storing snow on ice causes problems with insulation by snow piles and with adding weight on top of the ice. With regular and prompt snow removal we can expect the ice depths to increase by 1-3 inches compared to the ice sampling data this year. Public Works applies all available Staff resources towards snow removal throughout Town after snow fall events, which is a top priority. This includes streets, sidewalks, pedestrian mall and plazas. Due to the importance of removing snow from lake ice as soon as possible and due to the short ice skating season I recommend that Staff arrange for contract services that attend to the prompt removal of snow from the public ice skating portion of Nottingham Lake. Cross Currents: Keystone and Evergreen both expressed concerns about the impact to ice depths of cross currents. A public ice skating area on Nottingham Lake would have to avoid the middle area of the lake between the inflow and the outfall. Ice sampling data from this year supports that ice depth by the cross current is approximately 2” thinner than other areas. Southside: The most functional and safe area to establish public lake skating would be on the south side of Nottingham Lake near the Pavilion and the Metcalf Cabin. This area avoids the cross current zone, allows snow to be blown or pushed off the lake and has closest proximity to the Metcalf Cabin for staffing and skate rentals. The dock will need to be moved this fall to the north side of the lake to facilitate snow removal from the ice skating area on the south side. There are summertime recreational benefits to moving the dock to the north side of the lake which would allow the paddle boats to be docked. Page 2 of 2 Ice Surface Treatment: A depth of 12” of ice or 10” of black ice is considered the minimum to safely open a lake skating area to the public. Per Keystone guidelines, a minimum depth of 12” of black ice is required to use a light Zamboni. Ice sampling this year demonstrates that the ice depth on Nottingham Lake is marginal. Due to the very short season and marginal nature of ice depths, I can not recommend investing in a Zamboni for public ice skating on Nottingham Lake. Staff can explore means of wiping the ice surface with warm water in the evening to smooth the ice. Defined Area, Management, Staffing & Liability Waivers: It is important that Avon follow liability protocols like the Evergreen Lake facility and the Keystone Lake facility where access is restricted, the ice skating area is actively staffed during operating hours, and liability waivers are required of all participants. I cannot endorse or recommend open access or unrestricted public access based on review of safety protocols used by other public lake ice skating facilities. Consolidated Ice Skating: I recommend that if Avon proceeds with public skating on Nottingham Lake that we consolidate the hockey skating and open skating activities on the lake and discontinue the hockey rink on the Main Field and the family rink by the Avon Recreation Center. Pros/Cons: The pros of Nottingham Lake Ice Skating are providing the lake skating ambience, providing a consolidated skating area, and providing a larger skating area. Lake skating will also avoid damage to the Main Field which will benefit the condition of the Main Field the spring and early summer. Cons of Nottingham Lake Ice are primarily the shorter season. ICE SKATING ON THE MAIN FIELD: Safe ice is not a concern on the Main Field. On average, the Town would be able to open ice skating here by the holidays or at least before the New Year and could remain open through middle to late February. Ice skating on the Main Field can be expanded to include the hockey rink and an open skating area that could be easily four times larger than the current family rink by the Avon Recreation Center. The future public restrooms could serve this area conveniently. There is opportunity to add temporary seating, gas fire pits and holiday lighting to these rinks. The use of a light Zamboni is more feasible due to the longer season and the absence of ice safety concerns. Staffing and liability waivers are not required for skating on the Main Field. I would also recommend contracting out snow removal for Ice Skating on the Main Field to keep up with maintaining a larger skate area. Pros/Cons: The pros of skating on the Main Field include a longer skating season (approximately twice as long), the ability to add amenities of seating, fire pits and holiday lighting adjacent to and around the rinks, and reduced liability and oversight needs. The cons include a larger area of damage to the Main Field in the spring, a smaller skating area than on Nottingham Lake and the lack of lake skating ambience. OPTIONS: Hypothetically Council could consider public skating on both Nottingham Lake and the Main Field, but that would definitely increase costs over past years. Rough estimate would be $50-$70k. The other option is No Change and continue with the same program of a hockey rink on the Main Field and a small family rink by the Avon Recreation Center. Thank you, Eric ATTACHMENT A: Predicting Ice Depth ATTACHMENT B: Keystone Lake – Lake Ice Skating Information WHEN WILL YOUR LAKE FREEZE? HERE’S HOW TO GUESS WHEN YOUR HARDWATER SEASON WILL BEGIN Gord Pyzer originally posted this blog in December 2015, but it seems relevant this season as well, especially if you’re as eager to get on the ice as we are… While much of the eastern half of Canada has been basking in unseasonably warm, almost hot summer-like temperatures, the rest of the country has finally been chilling down. And at long last, the lakes, rivers, reservoirs, pits and ponds are freezing over and making good ice. But, here is the question everyone is wondering about, and something that Ang and I discussed on Saturday’s Outdoor Journal Radio Show. How long will it take for the ice to build up on the lakes before we can safely travel and fish on them? There are several highly scientific methods and mathematical formulas that you can use to predict the growth of ice on your favourite lake, and they’re all essentially based on one controlling factor called freezing degree days that takes into consideration the air temperature, wind speed and something called radiational cooling. Now, here is the really neat part. To determine freezing degree days and how fast your favourite lake will build up ice, start by taking the average temperature (in degrees Fahrenheit) over the past 24 hours. So, let’s say that the daytime high yesterday was 30 F and the night time low was 20 F. This means ATTACHMENT A: Predicting Ice Depth the average temperature was 25 F. Now, subtract the average temperature (25 F) from the freezing point of water (32 F) and we get 7 freezing degree days. If the day time high was 20 F, on the other hand, and the night time low was 0 F, the average temperature would have been 10 F, giving us 22 freezing degree days (32 F – 10 F = 22 FDDs). See how simple it is? Now, based on the studies that have been done, once a thin sheet of ice has formed on a lake, it will typically increase at the rate of one inch / 15 freezing degree days (FDDS). So, if we go back to our examples, this means that on the relatively warm day, when there were 7 FDDs, the lake made about one half-an-inch of ice over the 24-hour period. But, on the much colder day, when we experienced 22 FDDs, the lake made about 1.5-inches. Now, we need to take a couple of important considerations into effect because the formula is based on having a slight to moderate wind speed, no snow on the ground and clear skies. These things all help to pull heat out of the water and accelerate the growth of ice. Unfortunately, where I live in Northwestern Ontario, on Lake of the Woods, we have well over a foot of snow right now and, as most folks are aware, snow provides excellent insulation that slows down the penetration of frost and cold temperatures. In addition, many of our days recently have been calm and overcast. So, when you take these conditions into effect, even with the same number of freezing degree days, the speed at which ice forms is roughly cut in half. Finally, here is one last fact you’ll want to consider later this winter, when in many parts of the country we’ll have ice on the lakes approaching three feet or more in thickness. Thick ice acts like deep snow, in terms of providing insulation and thus, significantly slowing down the formation of more. It is why in the high Arctic and Antarctic, where winter persists almost year round, lakes don’t freeze all the way to the bottom. ATTACHMENT A: Predicting Ice Depth So, how soon will the ice on your favourite lake, river, river, pit or pond be thick enough so that you can safely travel and fish on it? Calculate the number of freezing degree days and you’ll quickly know. Or use the following charts. ATTACHMENT A: Predicting Ice Depth KEYSTONE LAKE Lake Ice Skating Information Black/Blue Ice vs Snow/Slush Ice There are two types of ice that will form on a lake, black/blue ice and snow/slush ice. The type of ice that forms will be determined by a couple of factors including temperature and snowfall. • Black/Blue Ice o Black ice is considered the stronger of the two types of ice. This ice has frozen without many air bubbles trapped inside, making it transparent. Its transparency reveals the color, usually black, of the water beneath it, hence the name. Black ice is very hard, strong and smooth, which makes it ideal for ice skating. Black ice is typically twice the strength of snow ice. o Black ice grows downward from the bottom of the existing ice surface. The more weight added to the ice, the quicker the ice thickness will grow. • Snow/Slush Ice o Snow/Slush ice is considered the weaker of the two types of ice. It typically has half the strength of black ice. This ice has frozen when slush (water saturated snow) refreezes. Snow ice is a white/foggy color due to the presence of air bubbles. o Slush ice is common when the lake is freezing over. Slush ice is commonly created by snowfall as the ice is forming on the lake. Ice Thickness This is a guideline of when the ice is usually safe to be walked on, and when machinery is safe to go on the ice. There are many variables to consider when assessing the safety of ice, including air and water temperatures, water channels flowing under the ice, structures touching the ice, and how the ice formed (snow ice has half the strength of black ice). Ice Thickness* Permissible Load 2 inches or less Stay off the ice- it is not safe 3 inches One person on foot 4 inches Group in single file on foot or spread out over the lake 5 inches Snow blower 6 inches ATV 8 inches Light truck (2 ½ ton gross) 10 inches Medium truck (3 ½ ton gross) 12 inches Large truck (8 ton gross) 15 inches 10 tons 20 inches 25 tons 30 inches 70 tons * These numbers are calculated based off of solid, clear, blue/black lake or pond ice. ATTACHMENT B: Keystone Lake Ice Skating Information As a general guideline, the ice is safe to open or public skating when it is 6” thick, and it is safe for the small Zambonis to go out when the ice reaches 12” in depth. The large Zamboni is safe to go on the ice when the ice reaches about 15” thick. It is always safer to wait until the ice is thicker—just because the ice is 3” thick doesn’t mean it’s a good idea to let someone walk on it yet. Always err on the side of caution. Drilling & Ice Measurement Here at Keystone our lake will typically start to form ice in October and November. The ice that forms in October and early November will go through periods of thawing and freezing and will only cover portions of the lake. Once the temperatures start to drop during the beginning of November the lake will eventually form a layer of ice that will no longer thaw. Once the lake has a layer of ice and forecasted temperatures have been checked and look promising (as in the ice shouldn’t melt off again), this is when we are going to want to start maintaining the ice to the best of our ability. During the beginning of the season when the ice is still thin we won’t be taking any measurements. The first measurement will be taken when we estimate the ice to be around 4-6 inches thick, the second measurement to confirm 6 inches for opening, the third measurement when we believe there is 12 inches of ice and the fourth when we believe there is 15 inches. You’ll want to pick out a few spots on the lake and confirm that ALL spots are the depth needed. For example at Keystone Lake we measure in 6 spots on drill hole at each location. Those locations are: Ice Rink Entrance, Middle of Plaza, Christmas Tree Buoy, Hockey Rink Buoy, Lake Outlet and Zamboni Ramp. Typically during the first few weeks you’ll be able to estimate the thickness of the ice by looking for areas along the edge with black ice. You’ll be able to see through the black ice and estimate thickness. If the ice is all snow ice and you’re not able to see though, estimate the thickness but do not walk onto the ice until it is drilled and measured. The reason we don’t drill until we believe there to be 4-6 inches is to ensure we keep the structure of the ice intact. The more holes that are drilled into the ice, the weaker the ice becomes on a whole. When drilling into the ice try not to punch the drill bit all the way through to the water, again trying to keep the ice structure stronger. It’s best to drill down to the point just before it would punch through the ice. Keeping that in mind, it’s not always possible and the drill bit will punch through sometimes. If the bit punches through, the water will come up and refreeze the hole. If you do not punch through, fill the empty hole with a mixture of water/snow and let it refreeze. Use a tape measure to take the measurements of the ice and look into the hole to get a better idea of your ice structure. I would recommend using a 1” wide drill bit so that it’s easy to see the layers of the ice. You’ll be able to see the layers of snow/slush or black/blue ice and have a better understanding of how your ice formed that season. This will let you determine how strong your ice is. Remember that black ice is stronger so for example if you drill into the ice and it’s mostly layers or all snow ice, you’ll need to increase your thickness to weight ratio. Ice Thickness - 2 Inches or Less - Stay off the ice ATTACHMENT B: Keystone Lake Ice Skating Information Snow removal is imperative for the success of an ice rink, especially during the early stages of ice development. Snow is an insulator and will slow the rate of ice growth. The more snow that can safely be removed, the quicker the ice will thicken. • While the ice is still too thin to walk on, snow can be removed from the edges of the ice with shovels. Have an employee(s) walk the outer edge of the ice rink, making sure they stay on the bank and reach out onto the ice with the shovels. Drag any snow back toward the bank and remove it from the ice. • While the ice is still forming, it will tend to grow in thickness from the edges of the lake inwards toward the middle of the lake. This is why we want to start removing snow from the edges even when the ice can’t yet be walked on. Ice Thickness – 3 Inches – One Person on Foot Now that the ice is thick enough to support one person on foot the first procedure is to start from the edge of the lake and have the person walk the perimeter. Again, this is for black ice. If you have only 3 inches of snow ice, do not walk on the ice. Once the employee has walked the perimeter have them move inward toward the middle of the lake about 10 feet and have them walk the perimeter again. Continue this process until they have walked around the lake moving inward each time and made it to the center. During this process, the employee walking on the lake should be listening for cracks/pops, movement of the ice under their feet as well as being on the lookout for water seeping through the ice. Cracks and pops of the ice are completely normal. When the ice cracks or pops, the ice is settling and creating a stronger ice. The sign to lookout for is water seeping up through the cracks and onto the ice. If water is spotted, immediately leave the ice and let that section refreeze for a few nights. I will be repeating this paragraph a few times as it’s important. There are a few things that is process of walking on the ice is completing. • The first is settling the ice. As mentioned above the ice needs to settle and become stronger. By walking around the lake and creating pressure with the weight of the employee the ice is able to settle and crack as needed. • The second is that this process is creating weight and pushing the ice down onto the surface of the water below the ice. In turn this pressure on the ice/water will start to grow your ice from the bottom. This will create black ice from the bottom creating a stronger ice. The process of settling the ice will be done each and every time more weight is added to the ice. Once the ice has been settled and confirmed to be safe to walk on with one person, that person can now start to remove snow from the lake. When removing snow, make sure to not create piles on the ice. Snow is extremely heavy in piles and will crack/break the ice if pilled too much. Ice Thickness – 4 Inches – Group in Single File on Foot Once the ice has reached 4 inches, a group of employees can walk on the ice in a single file line or if they are spread out on the lake. Ensure they are not standing next to each other as this creates a single point on the ice with too much weight. The process above of settling the ice should be completed again. Have the group walk in a single file line around the perimeter of the lake moving in towards the middle by 10 feet every lap around the lake. ATTACHMENT B: Keystone Lake Ice Skating Information During this process, the employees walking on the lake should be listening for cracks/pops, movement of the ice under their feet as well as being on the lookout for water seeping through the ice. Cracks and pops of the ice are completely normal. When the ice cracks or pops, the ice is settling and creating a stronger ice. The sign to lookout for is water seeping up through the cracks and onto the ice. If water is spotted, immediately leave the ice and let that section refreeze for a few nights. Once the ice has been settled and confirmed to be safe to walk on with a group, those employees can now start to remove more snow from the lake. When removing snow, make sure to not create piles on the ice. Snow is extremely heavy in piles and will crack/break the ice if pilled too much. Ice Thickness – 5 Inches – Snow Blower Once the ice has reached 5 inches, a snow blower can be brought onto the lake to assist in snow removal. Again, the process above of settling the ice should be completed again. Have an employee walk with the snow blower running around the perimeter of the lake moving in towards the middle by 10 feet every lap around the lake. During this process, the employee walking with the snow blower on the lake should be listening for cracks/pops, movement of the ice under their feet as well as being on the lookout for water seeping through the ice. Cracks and pops of the ice are completely normal. When the ice cracks or pops, the ice is settling and creating a stronger ice. The sign to lookout for is water seeping up through the cracks and onto the ice. If water is spotted, immediately leave the ice and let that section refreeze for a few nights. Ice Thickness – 6 Inches – ATV Once the ice has reached 6 inches, an ATV can be brought out to assist in snow removal and the lake can be opened for ice skating. Again, only if it’s 6 inches of black ice. For example, if you drill and have 4 inches of black ice and 2 inches of snow ice, the ice is not safe for an ATV or for opening to the public for skating. Again, the process above of settling the ice should be completed again. Have an employee drive the ATV around the perimeter of the lake moving in towards the middle by 10 feet every lap around the lake. Another employee should be walking in front of the ATV by about 15 feet checking for cracks and water seeping up. Cracks and pops of the ice are completely normal and will always happen each time more weight is added to the ice. When the ice cracks or pops, the ice is settling and creating a stronger ice. The sign to lookout for is water seeping up through the cracks and onto the ice. If water is spotted, immediately leave the ice and let that section refreeze for a few nights. Ice Thickness – 12 Inches – Light Zamboni Once the ice has reached 12 inches of black ice, it is now safe to put on a light Zamboni. The same process of when an ATV was put on should be followed. ATTACHMENT B: Keystone Lake Ice Skating Information Have an employee drive the Zamboni onto the ice rink. Drive around the perimeter of the lake moving in towards the middle by 10 feet every lap around the lake. Another employee should be walking in front of the Zamboni by about 15 feet checking for cracks and water seeping up. The driver of the Zamboni should also be aware of their machine and if they feel any tires sinking. Cracks and pops of the ice are completely normal and will always happen each time more weight is added to the ice especially with the new weight of the Zamboni. When the ice cracks or pops, the ice is settling and creating a stronger ice. The sign to lookout for is water seeping up through the cracks and onto the ice. If water is spotted, immediately leave the ice and let that section refreeze overnight or over a few nights. Ice Thickness – 15 Inches – Heavy Zamboni Once the ice has reached 15 inches of black ice, it is now safe to put on a heavy Zamboni. The same process of when the light Zamboni was put on should be followed. Have an employee drive the Zamboni onto the ice rink. Drive around the perimeter of the lake moving in towards the middle by 10 feet every lap around the lake. Another employee should be walking in front of the Zamboni by about 15 feet checking for cracks and water seeping up. The driver of the Zamboni should also be aware of their machine and if they feel any tires sinking. Cracks and pops of the ice are completely normal and will always happen each time more weight is added to the ice especially with the new weight of the Zamboni. When the ice cracks or pops, the ice is settling and creating a stronger ice. The sign to lookout for is water seeping up through the cracks and onto the ice. If water is spotted, immediately leave the ice and let that section refreeze for a few nights. Warm Weather and Zambonis Typically here at Keystone we start to see the warm weather sometime mid-February. We have a log book in the Adventure Center to track the temperatures at night and in the morning. This log gives us a good idea of when it’s safe to put out the Zamboni and when it’s not. I’m going to start off with daytime temperatures. Once the temperatures reach into the 40’s during the day, the Zamboni should not be put onto the ice. The ice will weaken during those warm days and even though you may have 15+ inches of ice, the structure is no longer strong. Following a warm day, I want to see colder temperatures during the night and into the morning. For safety, I would want to see temperatures under 25 degrees and holding those temps for a few hours overnight to feel safe enough to put the Zamboni on in the morning. If those temperatures are not reached, the Zamboni will NOT go on that day. If the temperatures do get cold enough overnight and in the morning, the Zamboni can go on but only if the temperatures stay cold. If they climb back up into the 40’s the Zamboni should be removed from the ice. If the temperatures are not going below 25-30 over the course of a few nights and getting into the 40’s during the day, the ice will not be refreezing and the end of the season is possible. We will shut down for the season if we go three consecutive nights without going under 25-30 degrees with three consecutive days in the 40’s. Like I said above, err on the side of caution and don’t risk putting the ATTACHMENT B: Keystone Lake Ice Skating Information Zamboni on too late in the season. On average that’s when you have the most risk of putting the Zamboni though the ice. Warm Weather Ice Conditions Once the warm weather hits and the ice starts to get a lot of sun and those 40 degree days, you will start to see some changes in the surface of the ice. The first change will be white patches around the ice, I personally call them honeycomb patches. These are formed from snow ice and will create soft spots on the surface of the ice where an ice skate may dig into. With enough of these patches it will make ice skating hard for guests and even unsafe if they are soft enough. If enough of those patches exist, I will close the ice rink for the day for safety and in hopes of not destroying the ice too much with ice skates hitting those patches. Those patches can be fixed with a layer of water the next morning from the Zamboni as long as the temperatures are acceptable. The second change will be noticeable it the mornings following a warm day. They are what we refer to as blisters. Basically they are small frozen water bumps all over the ice. They are created from the warm days where the water under the ice heats up and squeezes though microscopic cracks in the ice and pool on top of the ice surface. They then freeze into small mounds of ice or blisters. They can be fixed by the Zamboni blade in the morning as long as the temperatures are acceptable. On average the blisters will start to form after a couple days of warm weather and is usually a sign that the end of the season is near. ATTACHMENT B: Keystone Lake Ice Skating Information (970)390-2280 Aisaacson@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Drew Isaacson, PW Superintendent Gary Padilla, PW Director Lance Richards, HR Director RE: Ice Rinks DATE: 04/02/2020 SUMMARY: The purpose of this report is to provide the current options for ice rink locations and associated costs. This is intended to be unbiased while providing cost estimates, benefits, and challenges anticipated for each location. There have been multiple conve rsations regarding the size and location of the rink(s) for future use. In late fall 2019, Council was presented with a memo dated November 8th 2019 (attachment C). The directive received from the ensuing conversation was to research Nottingham Lake as a potential site for public ice skating. Attachment C discussed potential operations, safety procedures, as well as alternative sites. Over the course of winter 2019/20 the public works department monitored ice thickness, general conditions, and temperature data. This is submitted as a written report and no current action by Council is requested. BACKGROUND: The Town of Avon has built and maintained ice rinks on Nottingham Lake, the upper field in Nottingham park, and the recreation center lawn. Each location has seen its own successes and challenges. Gary has been in contact with the Town of Evergreen, they have similar procedures in place as we would here at the Town of Avon if the rinks were moved to the lake. The Town would adopt their procedures with edits to fit the Town. We scheduled various on-site meetings in Evergreen, but we were unable to make those meetings due to their bridge construction or weather-related issues. Lance and Eric also visited Keystone and reviewed their procedures and safety precautions with them. ICE SAFETY PROCEDURES: The Town’s previously adopted ice safety procedures are discussed at length in attachment C. Over the course of the last winter Lance Richards had the opportunity to visit some of neighboring lace ice operations, including Keystone Lake. His notes from this visit can be viewed in attachment A. Page 2 of 11 PEER COMMUNITY ICE RINKS: Listed below are some of the surrounding ice rinks in our region. Lake ice is more common in Summit County, however their elevations are far greater allowing for a longer ice season. NOTTINGHAM LAKE ICE TESTING: Between the dates of January 7 through February 11, 2020 Public Works, in coordination with Human Resources & Risk, collected and logged ice thickness measurements, temperatures, overall ice conditions, and mapped the data collection locations. Ice data was systematically gathered in a grid style across the ice sheet. Once the entire ice sheet had been recorded, follow up data was gathered near previously recorded locations to assess ice sheet gains or losses. During this process special attention was paid to inlet(s), outlet(s), and the assumed flow channel below the ice sheet. This data is attached in attachment B. The data gathered suggests that with similar weather to the 19/20 winter, we would expect to see a season of approximately 30 days in the month of January. It was the end of December by the time Public Works was able to safely access the ice sheet to begin recording measurements (Public Works was on the ice sheet on December 11th for ice rescue training with ERFPD trainers, at which time the ice sheet averaged 4” or less). We followed full safety protocols for all measurements. We had a dedicated observer remain on the dock, with radio and cell phone, as well as a modified throw bag. Additionally, at various times we had observers participate, including the Town Manager, Town Attorney, Public Works Director, HR Director, HR Manager, and others. Location Elevation Refrigerated Y/N Lake Y/N Notes Avon 7,431’ Copper Mountain (West lake) 9,712’ No Yes Lake is regularly plowed and conditioned with full size Zamboni Keystone (Dercum Square) 9,173’ No Keystone (Keystone Lake) 9,173’ No Yes Frisco (Meadow creek park) 9,097’ No Yes Pond is cleared of snow an occasionally flooded with water Silverthorne (North pond park) 9,035’ No Yes Vail Arrabelle Square 8,150’ Yes No Small refrigerated concrete slab Vail (Dobson Ice arena) 8,150’ Yes No Indoor Evergreen 7,220’ No Yes Eagle 6,601’ No No Lawn rink with intermittent closures due to weather. Page 3 of 11 We began regular measurement on January 7, 2020 and discontinued those measurements on February 11, 2020 for safety reasons. By January 25th we began to see water creeping onto the ice sheet in the area identified as potential skating, and by February 11th we suspended monitoring after encountering extremely soft ice with over one foot of water on top of the ice sheet. We maintained records of Avon temperatures for a couple of weeks preceding and following the physical measuring. • It should be noted that there was no snow removal taking place on the ice sheet during this monitoring window. That likely has an effect on the accuracy of these re cords in comparison to what we would expect to see if it were being managed as an Ice rink. The accumulated snow is inherently bad for protecting and maintaining a skating surface. NOTTINGHAM LAKE PUBLIC SKATING: The proposed use area on Nottingham lake would be contained to the south east corner out of concern for safety. With the inlet located in the north east corner of the lake and the outlet in the south west corner this creates a flow channel under the ice sheet that erodes the ice. Utilizing this area of the lake would require that we move the dock currently located in this area, to elsewhere on the lake. Justin Hildreth was asked to comment on this process. His reply is as follows “The dock located by the pavilion was installed in 2013 after the lake liner was replaced. The dock is attached to a concrete abutment 6’ wide, 4’ deep and anchored with 4-3’x3’x3’ concrete blocks, 2 on the shore 45’ from the abutment, and 2 in the water to the East and West of the dock. In order to move the dock, the 5 concrete blocks will have to be installed and a crane rented to remove the docks and place them in the new location. The abutment can be installed 4-FT from the shore to prevent having to drain 5-FT of the lake and patch the lake liner. This portion of the work is estimated to cost approximately $20,000. In order to meet American with Disability Act requirements a paved trail must be constructed from the existing path to the dock and is estimated to cost approximately $25,000. A budget of $50,000 is recommended to cover any contingencies.” This location would open up approximately 100,000 square feet of ice for use, however no t all of it would be conditioned. For comparison the 19/20 winter saw 8,500 sq. ft. of ice on the upper field and an a dditional 5,000 sq. ft. of ice on the recreation center lawn. This area would be able to accommodate multiple NHL dimension rinks (85’ x 200’) for hockey, in addition to a “family” skate area. Snow removal from the ice sheet would need to take a higher p riority if operations were moved to the lake. The snow acts as an insulating “blanket” slowing the growth of strong ice. Further, snow is heavy, weighing on average 20 lbs/ cubic foot. 1 foot of snow over the proposed area to be used would weigh 2 million pounds. While this may be manageable for the ice sheet while evenly spread out, it adds a large hazard as soon as it is pushed into piles, unless it is all completely removed from the ice sheet immediately, and without pause. If Nottingham Lake were to be used for public skating and we use an attendant to manage operations, we need to consider the cost of attendant(s), getting liability release forms, as well as equipment costs. EXISTING PUBLIC SKATING: Currently we operate two rinks for public use. We have a 70’ x 120’ rink on the upper field identified as our hockey rink, and a smaller 50’ x 100’ rink on the recreation center lawn, identified as our family skate area. Page 4 of 11 The separation of the two areas provides a margin of safety from errant hockey pucks and a contact sport, to a safe place for others to learn to skate. The setup of these rinks has included installation of brackets, boards bumper caps, liners, and LED lighting, as well as fencing around the rinks themselves. The fencing has been a valuable addition in the past two seasons to allow for closure of the rinks during construction and warm weather, helping avoid damage caused by use when ice is too thin or soft. Our goal has been to be open to the public daily for as long as weather allows. With Public Works being responsible for public safety via snow removal on roads and sidewalks, snow removal on ice rinks takes the lowest priority and often leads to closures during storms, as staff is unavailable to maintain rinks during this time. The skate rentals, waivers, and events scheduling have all been handled by the recreation center. Option 1: The most notable challenges have been on Nottingham Lake. This location has seen both equipment, and operators, go through the ice into the water below. This represents the greatest risk of all proposed locations. (Red highlighted area of image below) The upper field in Nottingham Park has seen the ice rink in two locations. Option 2: West end of the field directly in front of the current stage and, most recently. (Yellow highlighted area of image below) Option 3: South East corner of the field. These locations both come with challenges from desiccation of turfgrass underneath the required plastic liners, along with costs associated with liners, boards, bumper caps, and water usage. Repairing damage from these rinks present challenges in readying for spring special events. The repairs can be anticipated to take up to two months (time frame dependent upon soil temperatures), and at a cost of approximately $3/square foot (labor, seed, and fertilizer to reestablish the turfgrass). ((Blue-proposed)(White-existing) highlighted area of image below) Option 4: The recreation center lawn has also been utilized for this purpose recently. The above “field challenges” are applicable to this location as well, minus the hurdle readying the field for springtime special events. (White-existing highlighted area of image below) *It should be noted that combining options 3 and 4 to the same area on the upper field proves to be a viable option as well, with room to expand into more or larger rinks. Option 5: The parking lot directly West of the old municipal building could be utilized for an ice rink as well. This location would offer many benefits given its strength and durability. The close proximity to water and electric further add to the benefit of this location. The ease of both lighting and resurfacing while remaining near the planned public restroom, and still offering views of the stage if it were to be utilized during any winter events should be considered. (Green highlighted area of image below) *This area is large enough to accommodate multiple rinks, while still leaving access to the parks garage. Page 5 of 11 The addition of any structures whether it be fire pits, seating, or tables is much easier in this area as well, while eliminating the risk of damage to turfgrass, or the hazards associated with being on a lake. ANALYSIS: All options proposed pull resources from the Public Works department during one of our most intensive times of year. Without adding staffing to account for time spent maintaining ice rinks, our ability to remove snow and ice in a timely fashion will be diminished. Timely removal of snow from ice rinks is critical, as standing snow can negatively impact the overall structure and integrity of the ice surface. Option 1 comes with both the highest risk (to equipment and life) and cost. It does however have the benefit of offering the most area to be utilized with no damage to turfgrass, and no impact to areas used for special events. Given the large area to be maintained it would require procurement of a large ice resurfacing unit, such as a Zamboni series 546, and the most staffing to keep up with snow removal and ice resurfacing. This unit weighs in excess of 8,600lbs, and would likely only be of use on the lake for a short window of time given the ice thickness required to support such a large piece of equ ipment. However, without it attempting to condition such a large area of ice would be impossible. This option would also have the shortest use season when following current guidelines to keep staff and equipment safe. Option 2 runs the risk of desiccation of turfgrass directly in front of the stage. This would have a large impact to special events and be difficult to repair in a timely fashion given the high use this area sees. Option 3 has been a rather successful location as it is further removed from the impacts of all but the larger sporting and special events. This area has historically received beneficial shade from old growth spruce trees and the old municipal building. It does still lead to large areas of desiccated turf, as will any option on turfgrass. Option 4 has been our most successful location to date, with the benefit of being adjacent to parking, and the skate rentals located at the front desk of the recreation center. This location is currently utilized to its maximum potential due to the size and topography of the site. Page 6 of 11 FINANCIAL CONSIDERATIONS: Option 1 would come at the greatest cost to the town. It would require the procurement of an ice resurfacing unit recommended for maintenance of large square footage of ice. A recent quote from Zamboni puts a Model 546 (the smallest recommended for this size area, pictured below) at $100,000 for a new unit, although there is a small market for used Zamboni equipment. Beyond this it would also be the largest demand on staff, likely being double the cost of maintenance to rinks located on the upper field. The labor hours forecast to provide maintenance of this option would be 180 manhours/month@ $37.08/hour ($6,674/month). Options 2 & 3 would come at a similar cost to one another, however option 3 would have less of an impact to special events come spring and early summer. If we are to enlarge this rink beyond its current size, we would also need to procure an ice resurfacing unit rated for the approximate square footage of this option, such as the Zamboni 200 series. A recent quote from Zamboni puts a series 200 (pictured below) at $13,000 for a new unit. This model would attach to the three-point hitch of our existing John Deere tractor, providing a far more cost effective option. These options also require the use of plastic liners, boards, brackets, and bumper caps. The initial procurement of which is approximately $11,000 for a 100’ x 200’ rink, with an annual liner replacement cost of $2,500. The labor forecast to provide maintenance of this option would be 120 manhours/month @ $37.08/hour ($4,449/month) Option 4 has an annual cost of a plastic liner of approximately $550 since the Town already owns the boards, brackets, and bumper caps required. The staffing required to maintain this rink averages 72 manhours/month @ $37.08/hour ($2,669/month). This is a relatively cost-effective approach to offering this amenity. *Any ice resurfacing unit or attachment must be kept in a heated garage to prevent damage from freezing. RECOMMENDATION: The recommendation is that if we desire to offer a larger area for ice rinks, we consider option 3 with expansion to multiple rinks, kept to the East end of the upper field, in addition to keeping option 4. This would offer the most usable ice, the least damage to valuable turfgrass, while balancing cost and offering the greatest margin of safety. Thank you, Drew Isaacson, Public Works Superintendent ATTACHMENTS: A. Notes from Lance Richards on Keystone Lessons B. Ice Data Collection Sites C. Ice Skating Report from November 8, 2019 Page 7 of 11 Attachment A – Notes from Lance Richards on Keystone Lessons Keystone Lessons Early season • Begin with hand shoveling of snow, progressing to snow throwers, then a light tractor pushing, then Zamboni. • Auguring done in multiple places until all augur holes reach the desired depth. • Temperature highs and lows, as well as weather conditions (snow, sunny, overcast) must be kept carefully, alongside augur depth records • It’s important in early season to watch for clear or black ice vs cloudy ice to determine quality of ice • Clearing all fresh snow, as soon as possible, is essential, as accumulated snow can deteriorate the quality and integrity of the ice Mid/Peak season • Ice is now stable. There will be cracks, but not of concern unless water comes up. • Auguring done less frequently, but paying attention to areas where water flows under. • If the water ingress gets frozen, you must begin checking depth. If there is air between the water and the bottom of the ice, you can have unexpected melting or weakness in the ice. The underlying water supports the ice. • Strings of sunny and warm days (over 32F) require more thorough inspection Toward season end • Start closing off ice above ingress/egress water flow. • Augur more frequently; ensure ice bottom and water below are in contact • Be careful around the shores of the water for early melting • Once the ice begins thinning, the Zamboni must come off. • If water comes up through cracks, season has ended Page 8 of 11 Attachment B – Ice Data Collection Sites Ice Data Collection Sites Weather Data: Lake Nottingham Temperature Tracking Temperatures (F) Day Date Low High Average Swing Sat 7-Dec-19 22 40 31.0 18 Sun 8-Dec-19 29 37 33.0 8 Mon 9-Dec-19 17 31 24.0 14 Tue 10-Dec-19 17 31 24.0 14 Wed 11-Dec-19 15 37 26.0 22 Thu 12-Dec-19 20 33 26.5 13 Fri 13-Dec-19 23 29 26.0 6 Sat 14-Dec-19 23 33 28.0 10 Sun 15-Dec-19 8 24 16.0 16 Mon 16-Dec-19 2 18 10.0 16 Tue 17-Dec-19 -6 24 9.0 30 Page 9 of 11 Wed 18-Dec-19 5 36 20.5 31 Thu 19-Dec-19 11 31 21.0 20 Fri 20-Dec-19 8 32 20.0 24 Sat 21-Dec-19 13 42 27.5 29 Sun 22-Dec-19 21 42 31.5 21 Mon 23-Dec-19 24 42 33.0 18 Tue 24-Dec-19 23 41 32.0 18 Wed 25-Dec-19 16 33 24.5 17 Thu 26-Dec-19 13 28 20.5 15 Fri 27-Dec-19 12 29 20.5 17 Sat 28-Dec-19 16 21 18.5 5 Sun 29-Dec-19 2 14 8.0 12 Mon 30-Dec-19 -4 19 7.5 23 Tue 31-Dec-19 -8 21 6.5 29 Wed 1-Jan-20 13 28 20.5 15 Thu 2-Jan-20 16 26 21.0 10 Fri 3-Jan-20 11 27 19.0 16 Sat 4-Jan-20 15 38 26.5 23 Sun 5-Jan-20 14 35 24.5 21 Mon 6-Jan-20 14 27 20.5 13 Tue 7-Jan-20 16 34 25.0 18 Wed 8-Jan-20 17 37 27.0 20 Thu 9-Jan-20 15 28 21.5 13 Fri 10-Jan-20 13 22 17.5 9 Sat 11-Jan-20 2 26 14.0 24 Sun 12-Jan-20 10 23 16.5 13 Mon 13-Jan-20 15 26 20.5 11 Tue 14-Jan-20 18 36 27.0 18 Wed 15-Jan-20 16 34 25.0 18 Thu 16-Jan-20 17 39 28.0 22 Fri 17-Jan-20 13 30 21.5 17 Sat 18-Jan-20 5 25 15.0 20 Sun 19-Jan-20 9 31 20.0 22 Mon 20-Jan-20 8 40 24.0 32 Tue 21-Jan-20 26 36 31.0 10 Wed 22-Jan-20 24 32 28.0 8 Thu 23-Jan-20 21 29 25.0 8 Fri 24-Jan-20 19 37 28.0 18 Sat 25-Jan-20 24 34 29.0 10 Sun 26-Jan-20 22 40 31.0 18 Mon 27-Jan-20 25 32 28.5 7 Tue 28-Jan-20 13 31 22.0 18 Wed 29-Jan-20 16 32 24.0 16 Thu 30-Jan-20 13 26 19.5 13 Fri 31-Jan-20 6 31 18.5 25 Page 10 of 11 Sat 1-Feb-20 18 42 30.0 24 Sun 2-Feb-20 22 54 38.0 32 Mon 3-Feb-20 18 41 29.5 23 Tue 4-Feb-20 1 17 9.0 16 Wed 5-Feb-20 -10 14 2.0 24 Thu 6-Feb-20 7 24 15.5 17 Fri 7-Feb-20 24 32 28.0 8 Sat 8-Feb-20 26 44 35.0 18 Sun 9-Feb-20 21 33 27.0 12 Mon 10-Feb-20 16 31 23.5 15 Tue 11-Feb-20 3 27 15.0 24 Wed 12-Feb-20 10 28 19.0 18 Thu 13-Feb-20 14 27 20.5 13 Fri 14-Feb-20 13 42 27.5 29 Sat 15-Feb-20 20 38 29.0 18 Sun 16-Feb-20 26 35 30.5 9 Mon 17-Feb-20 17 32 24.5 15 Tue 18-Feb-20 11 30 20.5 19 Wed 19-Feb-20 8 34 21.0 26 Thu 20-Feb-20 -2 32 15.0 34 Fri 21-Feb-20 9 40 24.5 31 Sat 22-Feb-20 19 46 32.5 27 Sun 23-Feb-20 25 36 30.5 11 Mon 24-Feb-20 13 26 19.5 13 Tue 25-Feb-20 -1 19 9.0 20 Wed 26-Feb-20 -6 27 10.5 33 Thu 27-Feb-20 19 36 27.5 17 Fri 28-Feb-20 16 44 30.0 28 Sat 29-Feb-20 18 45 31.5 27 Sun 1-Mar-20 24 43 33.5 19 Highs at 32 or warmer Report on Nottingham Lake Ice Skating Considerations November 8, 2019 Page 1 of 9 TO: Honorable Mayor Smith Hymes and Council FROM: Lance J. Richards, Human Resources and Risk Management Director; Gary Padilla, Public Works Director; Paul Wisor, Town Attorney RE: Ice Skating on Nottingham Lake DATE: November 8, 2019 SUMMARY: Council, in a prior meeting, asked Town Staff to review Avon’s history of ice skating on Nottingham Lake, and prepare a report on restarting ice skating on the Lake. To do so, we have reviewed our prior experience with skating on the Lake, and the equipment and manpower necessary to restart this activity. Certainly, it is possible to begin ice skating on the Lake again this winter. However, after thorough review from the different departments of the Town involved, we have serious safety concerns about doing so, both for employees as well as for the Town’s residents and guests. BACKGROUND: The Town of Avon allowed ice skating on Nottingham Lake for a number of years, ending the practice in Winter of 2012. We do not have specific documentation of a start date, but long-term employees indicate that ice skating was available on Lake Nottingham from the time it was built until 2012. There have been a number of incidents in past years which led to the Town discontinuing the practice of maintaining ice skating on Nottingham Lake, which are recited as follows: •In 2004, a resident/guest was crossing the Lake, and fell through. Although he was alive when pulled from the Lake, he died from “exposure” according to the official report. •In the late 2000s (specific dates are not available), an employee (Rudy Frausto) was operating a skid steer on Lake Nottingham while working on the ice and broke through the ice. Another employee jumped in and helped pull Rudy out of the water. He was in the water for less than 30 seconds. We were able to get him to the Parks Cabin before the Eagle River Fire Protection District team arrived. He was transported to the hospital, but was fine, and only missed about a week of work. •On December 4, 2010, a Town PolarTrak front loader was clearing snow, only 106 feet from the south Lake front. That vehicle encountered weak ice and broke through. The vehicle sank, with the employee (Tony Consadine) inside. Tony was able to escape through the vehicle’s escape hatch. The Worker’s Compensation claim indicated the injury as “asphyxiation into openings of lungs.” This employee incurred Worker’s Comp expenses for treatment for both water inhalation and post-traumatic stress disorder (PTSD). Tony subsequently left the Town 4 months later. Ironically, this employee had completed and received a certificate for 8 hours of Ice Safety Awareness only 3 years prior. The PolarTrak was a complete loss at about $8,300. Medical costs were in excess of $1000; and our records do not reflect the cost of psychological help with PTSD. •Prior to that accident, there had been other minor employee-related injuries in maintaining an ice skating surface (slips and falls). The Town also lost equipment ranging from a 4x4 plow truck, two ToolCats, the aforementioned skid steer, and a snow thrower. Other equipment has been in the water, but was recoverable. Attachment C - Ice Skating Report from November 8, 2019 Report on Nottingham Lake Ice Skating Considerations November 8, 2019 Page 2 of 9 • Following the December 4, 2010 incident, on December 7, 2011, the Public Works Director (Jennifer Strehler) produced a detailed Ice Safety Management Policy document, based on open water ice research and publications from the US Army Corps of Engineers, and from other municipalities with open water ice skating. Subsequently, in 2012, upon direction of the then-new Town Manager, the practice of maintaining ice skating and allowing public access on Nottingham Lake was ended. Beyond safety concerns, an additional consideration in the cessation of ice skating was the thousands of dollars spent on equipment maintenance and manpower annually. CLIMATE CHANGE: Climate change is well documented and science continues to research and seek to understand both short and long range impact. Continual gradual warming has been seen in our winters. It is probably most clearly shown in a chart taken from a report by CU-Boulder at the Eagle River Valley State of the River report in 2016, which shows the clear warming of Western Colorado. Report on Nottingham Lake Ice Skating Considerations November 8, 2019 Page 3 of 9 ICE SAFETY MANAGEMENT POLICY: In preparing this Report for Council, Staff has reviewed numerous works on the topic of ice safety, ranging from very local to international. Also, for better understanding of Avon’s history with ice skating on Lake Nottingham, we have also spoken with several long-term employees. This was necessary because, in compliance with Town policy, most records of ice skating were destroyed on schedule. Beyond those interviews, and in addition to the bedrock US Army Corps of Engineers research, those materials have included: Ice Handbook for Engineers (2009): Luleå University of Technology, Sweden Ice Safety (2019): Minnesota Dept of Natural Resources Field Guide to Working Safely on Ice (2009): Work Safe Alberta; Government of Alberta Estimating Lake Ice Thickness in Central Ontario (2018): Dept of Geography, University of Toronto, and Climate Research Division, Environment and Climate Change Canada, Government of Canada Design and Prototype of a Freshwater Ice Thickness Measuring Device (2017): Worcester Polytechnic Institute Worcester, Massachusetts The Changing Climate of Western Colorado (2016) Climate Change in Colorado: An Update (2018): Eagle River Valley’s State of the River, Jeff Lukas, University of Colorado Boulder Colorado’s Climate and Colorado’s Health (2017) Colorado Health Institute Following the review of these papers, and many others, we believe that the Nottingham Lake Ice Maintenance Policy adopted by the Town in 2011 is well written, tightly constructed, and provides us with documentation of our efforts to maintain an ice skating surface which is safe for our employees and our guests. We will proceed to update that policy if Council directs Staff to move forward in re-opening Nottingham Lake for ice skating. OPERATIONAL CONSIDERATIONS: Open Days for Skating: Before closing the ice in 2012, the Town had limited success in keeping the Lake open on a continual basis. Although those open and close records have been destroyed, long term employees tell us that it was routine for the Lake to be opened and closed regularly through the winter. Over the last couple of years prior to closure in 2012, cumulative open days were less than 21-24 days. Based on prior experience, and clear data on the warming of western Colorado, Staff estimates that we might be able to have the lake open for between 14 to 35 days through the winter. Equipment: We would not expect to run equipment on Lake Nottingham, but rather do resurfacing work manually, as we do on the two existing rinks. This Report does not contemplate purchase of new equipment for ice skating purposes. Sub-Surface Water Flow: Operationally, Lake Nottingham is not optimal for ice skating to begin with, as the body of water continues to have flow throughout the winter, with ingress from the northeast of the lake and egress at the southwest area. This continual flow of warmer-than-freezing water will, obviously, Report on Nottingham Lake Ice Skating Considerations November 8, 2019 Page 4 of 9 contribute to uncertainty in ice depth and integrity of the ice itself. Due to this danger, we believe it would be necessary to restrict public ice skating to the southeast quadrant of the lake, near the existing boat docks. Demarcation Requirements: Taking the above issues into consideration, we will need to develop a demarcation method to prevent Guests from skating outside the area we maintain. Also, we’ll have to develop a signing strategy to direct skating to the appropriate area and indicate all closed areas. Communicating Skating Area Hours and Status: We’ll need to develop a communications protocol to indicate opening and closing hours, (or full venue closing), including changeable signs. In addition, we’ll also need to establish a mechanism to provide real-time updates to the Rec Center Desk and to the Town website regarding opening times or closures. Prevention of Ice Fishing: Additional signage and communications will be needed to prevent ice fishing. When we previously had the lake open for ice skating, we had a large number of people cut holes in our ice for ice fishing. Obviously, holes in the ice damage the overall integrity of the ice, and could render the ice unsafe for anyone, employees included. Close Weather and Conditions Monitoring: From our research, we know that changes in ambient temperatures must be monitored closely on an around-the-clock basis. Snowfall must also be monitored, as accumulation of snow, and it’s ensuing insulative effect, can, ironically, have a negative effect on ice quality. We do not currently have such a system in place, so one will need to be developed and/or acquired. Having this in a trackable computer system will be important, not only for accuracy in understanding conditions, but also for community transparency, and to maintain a documentation trail in the event of any litigation related to ice conditions or incidents in the future Manpower requirements: Manpower requirement will include 2-3+ manhours per day of supervision, and hands-on ice monitoring, as well as 2-3+ manhours per day of snow removal and resurfacing. The resurfacing time will actually entail 4-6+ manhours per day, since no employee would be allowed to be on the ice without another employee being present, and off the ice, for safety. These estimates do not include time spent monitoring and documenting weather, temperatures, snowfall, ice depth, signage movement, etc. Taking these fluctuating dynamics into account, we anticipate, for a 30 day month, that we would incur 60-90+ hours of supervisory time, and 120-180+ manhours of Public Works Operator time. Those cost estimates are shown below. Council should note that the range of 180-270 hours per month translates into roughly 1.04 to 1.56 FTEs each month. Without hiring additional employees, we will need to reduce other Public Works work areas (plowing, sidewalk snow removal, etc.) to compensate for this. To maintain current PW service levels, it will be necessary to hire additional winter seasonal employees. Accurate Ice Depth Assessment: We will need to acquire appropriate auguring tools to drill in and measure ice thickness. Our Ice Safety Management policy dictates the number of augur holes to be drilled, and distances required to determine safety. Specifics on this will be updated if Council directs that we proceed. RISK MANAGEMENT CONSIDERATIONS: Reopening Lake Nottingham to ice skating will require active management from several Departments of the Town. Inability to Obtain Waiver/Release from Skaters: First, due to the dangers of skating on lake ice versus our current on-ground rinks, we truly need to have signed Waiver/Release from users. Regrettably, that will be extremely challenging and almost impossible to arrange. Our signage and communications must communicate implied waiver for any skater. Report on Nottingham Lake Ice Skating Considerations November 8, 2019 Page 5 of 9 Crisp and thorough Ice Safety and Management Policy: We, of course, will place employee safety as fully equal to guest safety. The Nottingham Lake Ice Maintenance Policy certainly provides the Town with a thorough outline of safety actions/protocols, which we plan to update upon Council direction. A strong, fully observed safety protocol for our employees and our guests will be essential. Addressing Community Safety Concerns: As our cessation of ice skating occurred in recent memory for the Valley, it will be important that we undertake a significant communication strategy for letting the community know how we are ensuring safety on the lake. Safety Training for Avon Employees: Finally, we have reached out to the Eagle River Fire Protection District (ERFPD) and Chief Bauer has kindly agreed to provide Ice Safety Training for our employees, delivered through their Tech Rescue group. INSURANCE CONSIDERATIONS: We have sought commentary from both Pinnacol and CIRSA, and they have provided some initial comments. They have both agreed to review our Ice Management Policy once we’ve updated it. Pinnacol Comments: Tom Jensen, the Town’s Safety Consultant with Pinnacol Assurance, provided some general safety concerns to consider on awareness and procedures. Tom, having worked in Alaska for over 10 years as the health, safety and environmental coordinator for an oil and gas company, is an expert in this area as he and his team were responsible for checking the stability of the ice roads, when the rivers froze in the winter, which were used to drive heavy trucks and equipment on the roads. Tom’s comments are: “I have researched the employee safety aspects of operating a skating rink on a pond or lake. This information does not take into consideration any risks to the users and associated liability concerns. Facts that should be considered include: • Pond or lake ice is never 100% safe. • Ice strength is dependent on numerous factors including the conditions under which it was created and its age. Ice loses its strength over time, so older ice is not as strong as newly formed ice. • Several state and local agencies recommend a minimum ice thickness of 4 inches for travel on foot. • Ice thickness can vary significantly over short distances due to water currents flowing under the surface. Because of this, the depth should be measured in several locations to identify if there are areas which are of an unsafe thickness. The path of these currents can change over time as the ice forms, water levels rise or fall and flow rates increase or decrease. • Snow cover on the ice can act as an insulating layer, potentially leading to areas where the ice is thicker or thinner than others. If employees will be measuring ice thickness, steps must be taken to ensure their safety. These include: • Employees should never venture onto lake or pond ice alone. An observer should be present to react if they break through the ice. An employee should never go onto the ice in an attempt to rescue someone who has fallen through unless they are properly trained for this task and have the required emergency response gear. Report on Nottingham Lake Ice Skating Considerations November 8, 2019 Page 6 of 9 • Employees who go onto the ice should wear a personal flotation device and insulated gear appropriate for submersion in near-freezing water. • A throwable retrieval device should be available in the event an employee falls through the ice. • The local emergency response organization should be involved in the planning of how this work will be executed. Their expertise on this topic is invaluable. I would also recommend seeking information from other municipalities who have experience with this activity as well as your liability insurance carrier. • A Job Hazard Analysis should be completed on this task, with all involved parties including emergency responders being present to evaluate the hazards and controls. CIRSA comments: Sarah Hiett, Avon’s Loss Control Representative, is still reviewing our concept of re- opening Nottingham Lake, and would like to see our final Ice Safety Management Policy. In the interim, Sarah’s comments were: CIRSA leaves it up to each member what they can and cannot allow for activities. It would definitely increase the Towns’ liability, since it would be the Town allowing the activity and determining if it is safe or not for your citizens to go out on the ice. Waivers are always a good idea, but a real problem trying to maintain. I have attached a couple of samples that you should review with your legal staff if you choose to go that route. However, if all of the precautions are properly addressed, I can’t see a reason for the Town to not allow. Again, it’s your decision. LEGAL CONSIDERATIONS: By allowing skating on the lake, the Town may be subjecting itself to liability. While the Colorado Governmental Immunity Act (the “CGIA”) typically protects the Town from certain lawsuits, it is possible the CGIA would not apply to a suit arising from an accident sustained by an individual skating on the lake. However, even if the Town was not subject to immunity, the Colorado Recreation Act allows the Town to take certain steps, most notably not charging for the privilege of skating, to avoid liability. Colorado Governmental Immunity Act: Under the CGIA, a public entity is typically immune from liability from all claims for injury which lie in tort or could lie in tort, with several exceptions. As relevant here, a public entity’s immunity may be waived for tort claims arising out of injuries suffered on public facilities located in any park or recreation area maintained by the entity due to dangerous conditions. It is possible the lake, when it is used for ice skating, would be considered 1) a public facility and 2) located in a park or recreation area maintained by the Town. The Colorado Supreme Court has held that a public facility is 1) relatively permanent or otherwise affixed to the land; 2) a man-made structure; 3) accessible to the public; and 4) maintained by a public entity to serve a beneficial, common public purpose. Here, the lake is likely to be considered a public facility, especially in light of provisions of the CGIA being interpreted in favor of the injured party. The lake is relatively permanent and affixed to the land (it will only ceases to exist if filled in), it is man-made, it is accessible to public, and it would be maintained by the Town in the winter to serve the beneficial common public purpose of providing an ice skating facility. In turn, the Colorado Supreme Court applies a three-step analysis to determine whether a public facility is located within a recreation area. First, it determines the boundaries of the putative recreation area. Second it determines if the public entity’s primary purpose in constructing or maintained the recreation area is recreational. Third, assuming the primary purpose is recreational, it determines whether the public facility at Report on Nottingham Lake Ice Skating Considerations November 8, 2019 Page 7 of 9 issue was located in the boundaries of this recreation area. Given this test, the lake likely is located within a recreation area. The boundaries of the recreation area provided for ice skating would at the very least be the boundary of the lake. Although the primary purpose in the construction of the lake wasn’t to provide an ice skating rink, the primary purpose of maintaining the conditions of the ice in the winter would be to provide recreation. Finally, the Lake would be within the boundaries of the recreation area as the lake itself constitutes the recreation area. Given that the lake would likely be classified as a public facility located within a recreation area maintained by the Town, the Town could be held liable for dangerous conditions of the Lake resulting in injuries. A dangerous condition is defined as either a physical condition of a facility or the use thereof that constitutes an unreasonable risk to the health or safety of the public, which is known to exist or which in the exercise of reasonable care should have been known to exist and which condition is proximately caused by the negligent act or omission of the public entity in construction or maintaining such facility. Notably this definition only waives immunity for dangerous conditions that manifest in a defect resulting from the maintenance of the facility, not dangerous conditions that result from negligent operation of the facility. It is unclear whether the Town’s failure to maintain the surface of the ice would constitute maintenance of the Lake. The CGIA defines maintenance as “the act or omission of a public entity or public employee in keeping a facility in the same general state of repair or efficiency as initially constructed or in preserving a facility from decline or failure.” Maintenance does not include any duty to upgrade, modernize, modify, or improve the design or construction of a facility. Given this framework, if an injury is sustained due to uneven conditions of the ice, the injured party could argue that the Town’s failure to create a smooth surface resulted in the defect. However, the Town could argue that smoothing the surface of the ice constitutes a modification or improvement of the facility because the Lake was not originally constructed for ice skating and has always had uneven ice. However, the Town would have a strong argument that it is still immune from suits for damages for injuries arising from thin ice on the Lake because there is no waiver of immunity for the negligent operation of a public facility located in a recreational area. Therefore, although it would certainly be negligent for the Town, as the operator of an ice skating facility, to allow people to skate on thin ice, the thin ice is not a dangerous condition resulting from the construction of or maintenance of the Lake so the Town may be immune from suits arising from injury due to thin ice. Colorado Recreational Use Act: Even if the Town is not immune from suit under the CGIA, it can reduce its liability by refraining from charging people to skate on the Lake and warning people of known dangerous conditions. The Colorado Recreation Act provides an owner of land who either directly or indirectly invites or permits, without charge, any person to use such property for recreational purposes does not assume responsibility or incur liability for any injury to person or property or for the death of any person caused by an act or omission of such person. However, the Act does not protect a landowner from liability for willful and malicious failure to guard or warn against a known dangerous condition likely to cause harm. Thus, the Town clearly will need to warn skaters skating is an inherently dangerous activity and they skate on the Lake at their own risk. FINANCIAL CONSIDERATIONS: Labor: A Public Works Operator blended rate is $37.08, and our Supervisory blended rate is $59.37 (inclusive of all cost/benefit loadings) An estimated per month operating cost for labor only would be: Report on Nottingham Lake Ice Skating Considerations November 8, 2019 Page 8 of 9 Operator – 120-180 hours/month, or about $4,450-6,674/month Supervisory – 60-90 hours/month, or about $3,562-5,344/month Total monthly labor of $8,012-12,018/month Assuming operation December, January and February, we can estimate labor costs for the winter of $24,036-36,054. Note, please, that it is highly unlikely the Town would be able to operate ice skating on the Lake for a full 90 consecutive days. However, a labor forecast must include a conservative estimate, so the above is predicated upon a full three month season of skating. Hardware: We will incur internal costs for signage for the skating area, running hot water to the Lakefront, and for weather monitoring software and hardware. Those expenses will likely remain under $10,000 in total. Summary of Financial Considerations: We can reasonably expect that costs for ice skating will run between $35,000 and $46,000. Second and subsequent years will be less, although we will need to budget for equipment maintenance, software upgrades, and ongoing training. ADDITIONAL OPTIONS: Depending on how aggressive Council wants the Town to be in keeping the Lake open for ice skating, capital expense could be incurred for three further items: Ground penetrating radar for measuring ice thickness: Because of the issues we’ve experienced with the inaccuracy of ‘auger & ruler’ measuring, we also researched more accurate methods of determining ice depth. We have contacted Sensors & Software of Toronto, who manufactures ground penetrating radar (GPR) devices. They have a full solution called IceMap SmartTow, which places a total software and hardware package, including GPS, onto a pull-behind wheeled cart, which can measure ice depth to a 10mm tolerance. This solution would cost approximately $36,900, which includes all software and training. Ice Resurfacing Equipment: The Town disposed of our ice surfacing equipment in 2012. A suitable pull- behind Zamboni/Olympia ice refinisher would cost $7,500 to $20,000 used. The significant price variance is because of the age of the machines, as well as how how much square footage the Town expects to finish for skating. Hot water for more effective resurfacing: Optimal resurfacing of ice skating surfaces requires hot water. The Town does not currently have any hot water capability. Our existing on-ground rinks in front of the Rec Center and on the Grand Lawn by the Performance Pavilion are resurfaced using cold water. This makes smoothing the surface difficult. On our ground-based rinks, this is less of an issue as there is no underlying flow or current. On Lake Nottingham, the ice freezes from water that is flowing and being blown by winds, providing a dangerous, uneven surface. Uneven ice, of course, is inherently dangerous for skating. The Town could improve the finishing of our two ground rinks and the Lake surface if we were able to use hot water as part of our refinishing. To do so would require the purchase and installation of a large capacity water heater in the Parks garage, likely costing $10,000 to 12,000 to purchase, install and obtain connection equipment. COUNCIL OPTIONS: Council has three options available: • Direct Staff to proceed with activity necessary to re-open Nottingham Lake for ice skating, or; Report on Nottingham Lake Ice Skating Considerations November 8, 2019 Page 9 of 9 • Direct Staff to not re-open Nottingham Lake for ice skating, ensure it remains closed, and focus on the two on-ground rinks, or; • Direct Staff to further research issues related to maintaining Nottingham Lake for ice skating. RECOMMENDATION: Senior Staff involved in the various areas affected by ice skating on Nottingham Lake have all been engaged in the development of this Report. The unanimous recommendation from Staff is that the Town should NOT proceed with re-opening Nottingham Lake for ice skating. MANAGER’S RECOMMENDATION: I concur with Staff’s recommendation that the Town should not re- open Nottingham Lake for ice skating due to safety challenges, resource demands, logistics and legal liability concerns. Avon’s elevation is 7,431’. I have personally observed in the last few years that Keystone Lake in Keystone, elevation 9,173’ has closed as early as February due to deteriorating effect of multiple sunny days in the upper ‘40s and low ‘50s had on the integrity of the ice. Although it may be possible to open Nottingham Lake for public skating in a reasonably safe manner, the time frame is likely to be short and limited to starting for the holidays and running until mid to late January. ATTACHMENT: December 7, 2011 Nottingham Lake Ice Maintenance Policy Page 1 of 8 Last Updated 12/16/2011 Memo To : Joe Histed, Superintendent of Parks and Facilities CC: Patty McKenney, Director of Administrative Services From: Jennifer Strehler, Director of Public Works Date: December 7, 2011 Re: Nottingham Lake Ice Maint enance Best Management Practices The purpose of this best management practice (BMP) is to educate and train public works employees tasked with lake ice maintenance about safety procedures relevant to this occupational task.* These employees must be first be trained in ice safety, ice rescue, and ice maintenance procedures. The information in this BMP has been developed based on Avon’s past practices and on the theory and experience of the Army Corps of Engineers, as documented in “Safe Loads on Ice Sheets” (1982). Supervisors in charge of ice maintenance shall insure that the procedures set forth herein are followed and documented daily in the “lake ice log book” maintained by Public Works staff and kept in Avon’s Park Maintenance Facility. This BMP is organized into the following sections: A. Training B. Evaluation of the Daily Weather C. Lake Ice Sampling D. Lake Ice Maintenance Procedures E. Ice Strength / Equipment Selection F. Emergencies The overarching mandate is this: Best Management Practices May Guide Our Work But Safety Dictates it *This BMP is not intended for public/recreational ice users. Staff should direct public/recreational users to contact the Avon Recreation Department at 748-4060 for lake ice status (e.g., cabin open/closed) and to obtain a liability waiver for skate rental and lake ice use. Town of Avon Department of Public Works Page 2 of 8 Last Updated 12/16/2011 A. Training All ice sampling and maintenance staff shall attend ice safety training prior to stepping out onto lake ice. 1. The Public Works Parks Superintendent is responsible to schedule and attend ice safety training for all impacted Town of Avon staff. This includes staff from Public Works, Recreation, and other departments as appropriate. 2. Typically such training involves 4-6 hrs of in-class time and 4-6 hrs of on-ice time. As such, training should be held during early winter. 3. Training shall include instruction in ice science, weather-related impacts, ice safety, ice rescue, and a review of this BMP. 4. Prior to the annual training, all sampling and maintenance activities should be conducted by staff who attended the previous year's ice safety course. 5. All impacted staff is required to attend training every year. If someone can not make the scheduled annual training, the Superintendent shall find means to separately train that individual or shall restrict that individual from ice-related activities. 6. Attendance at annual training shall be documented; each attendee shall sign in and out. 7. Suggested trainers include the Gypsum Fire District (contact Jeff Barnhardt 970- 390-1847), the Eagle River Fire and Rescue District (contact Scott Pottratz ), or the National Guard. B. Daily Weather Evaluation 1. Check previous 24-hours of site temperatures from the Nottingham Park Weather Station (display in Pump house). Print out these hourly temperature readings and add to record notebook (attach to sampling log if sampling occurs). 2. Do not walk onto ice for sampling or maintenance work if temperatures currently exceed 36◦F. 3. Do not walk onto ice if temperatures have exceeded 32◦F for 6 or more hours in the prior 24-hours. C. Lake Ice Sampling Procedure: 4. Work in teams of two or more. Never go out onto ice alone during early season sampling or maintenance. 5. Each person shall wear a personal flotation device (PFD) during sampling 6. Each person shall carry a 30-ft or longer Coast Guard approved throw-bag (yellow bags stored in the Parks Garage) 7. Each person shall carry a functional Avon Public Works PTT phone or emergency radio. 8. Start from shoreline in early season and venture further out onto the lake as the ice depth permits per the Ice Depth Guidance Chart provided in Section E. Page 3 of 8 Last Updated 12/16/2011 Probe ahead of your path with a 10-foot long pole or gaffe whenever entering onto an ice area for the first time. 9. Sample ice throughout the area where snow removal maintenance is planned; vary sampling location daily (e.g., 1 per 2,500 sf). Conduct a minimum of 10-20 sample locations per day. The number of samples take will vary with the size of the ice sheet that is open, but no fewer than 10 samples should be taken. 10. If sampling with a drill, be sure to re-pack holes with a slush/snow mix to ensure hole refreezes and does not create a back flooding hazard. 11. Sample locations should be in different places from one day to the next, with the sampling grid reasonably distributed across the ice maintenance area. Don’t assume that a large area will remain unchanged for several days. 12. Mark any open water areas with orange cones in the field and show them on the paper map record. Record and Analyze Results: 10. Measure ice depth using a portable drill and a 1”-2” spade-bore bit or a 1.5”auger and a tape measure. 11. Stop drilling at point of transition between where it is easy to drill (minimal force needed) vs. hard to drill (significant force required) and measure depth of hole. Record this depth on the log to the transition point as “white ice”. 12. Complete drilling until liquid is reached; record total depth of hole. 13. Records should be in inches and should look like this: white/total listed by a location spot shown in the log book (on a map of the lake) e.g., * 3/10 in the log means 3” of white and 10” total depth at that spot 14. Note all physical observations in daily log (e.g., any large cracks, wet areas, slushy areas, change in lake level) 15. Record daily temperatures on the field log sheet: daytime high and nighttime low. These can be found on the printout from Maxicom (see step B9). 16. Note major temperature or precipitation swings e.g., “much colder than yesterday” 17. Record depth of new snow (if any) on log (as compared to the day before), snow depth can be measure on the ice surface. 18. Record specific equipment utilized each day. 19. Initial and date the daily log 20. Communicate findings with maintenance staff. 21. If you were off the previous day/s, take a moment to read through the log book and to ask someone who has worked the last few days what is going on with the ice. Communication between shifts and employees is key. Communicate Results 21. The Public Works Supervisor on-duty has the authority to determine whether the lake ice is safe for public use or should be closed. 22. Note on log page areas planned to be open to public for that day. 23. Call the Recreation Department 748-4060 and tell them what areas are planned to be open and by what time. 24. If the lake is to be closed to the public due to ice safety concerns: Page 4 of 8 Last Updated 12/16/2011 a. Install signs all around the lake in English and in Spanish (“Lake is Closed” and “Lago esta cerrado”) b. Inform Avon’s Community Relations Officer 748-4087 (who will inform the public). D. Lake Ice Maintenance Procedures All ice sampling and maintenance staff shall attend annual ice safety training prior to stepping out onto lake ice. Maintenance can only be performed after the Supervisor has determined that the daily temperature and ice depth information does not suggested an increased level of hazard. 1. The Weather Evaluation (Section B) and the Sampling and Analysis steps (Section C) determine whether lake ice maintenance can be performed on a given day and also limit the option of which equipment may be used. The Supervisor on Duty will conduct this evaluation and communicate lake ice status to all maintenance personnel prior to anyone starting to work on the lake ice. 2. Select equipment consistent with Figure 1 and previous day’s temperatures. When in doubt, always choose the lighter weight piece of equipment. 3. Conduct work at times when air temperatures ≤ 36F. Once it reaches 36F, workers with equipment should not be on the ice. 4. Each person should wear an appropriately sized personal flotation device (PFD) whenever working on the lake ice. Inspect your PFD for any deficiencies before walking out onto the ice. 5. Work in teams of two or more. 6. Each person should carry a throw bag and a radio or push-to-talk cellphone 7. If equipment has a cab, the doors must be removed. Do not operate a vehicle on the lake ice unless the doors to the cab have been removed. 8. Any vehicle with a cab should also have an emergency rescue tool inside the vehicle with a window punch to be used to break the glass to aid with escape. 9. Do not store snow near cleared or treated surfaces. 10. Operate equipment at speeds of < 15 mph 11. Stay alert, look for ice quality inconsistencies. 12. Black or blue colored ice is solid; white colored ice is soft and will not support significant loads. 13. Historical practices has shown it helpful to keep the North side of lake clear and avoided treated use 50’-60’ from shoreline. 14. If temperature exceeds freezing for more than 24-hours, the ice loses strength (e.g., surface gets mealy); use next smaller piece of equipment available until surface re-freezes. 15. Listen for cracking noises. Most cracking noises are normal. Loud cracking noises indicate that the ice could be unstable. 16. If you encounter slushy or soft areas, do not proceed. Immediately and carefully move the equipment out of this area and return to firmer ice. Page 5 of 8 Last Updated 12/16/2011 17. Remember that standing loads demand higher ice strength than moving loads. Do not stop vehicle in questionable areas. 18. Flooding from shore is a technique that can be used when: 1. It is not safe to walk onto the ice. 2. Ambient air temperature is ≤ 36F 3. Snow is not predicted in the forecast that day (i.e, within 8 hours) 4. Flooding can be completed by 11am 5. There are at least 4 employees available for the duration of flooding to assist. 6. Generally, there is ≤ 2” of snow on the lake ice Pre-Season (i.e., before ice thickness is at least 5”): 19. Do not walk out onto ice to clear snow until there is at least 5” found at all sampling locations (per Section C procedures). 20. Sampling can be performed from shore by holding drill out over the ice to take the sample. 21. Flooding with the fire hose or rubber hose can be performed from the shore or the pump house deck. Stretch hose to the far edge of the area to be floodedand allow water to flow out and walk towards shore. Historic practice using fire hose is to sweep from side to side as you move east towards the pump house. Early Season (i.e., when ice thickness is 5”-8”): 22. Determine which areas of the lake will be set up for particular public purposes (i.e., map out hockey rinks, broomball area, public skating areas, etc.) 23. Select equipment consistent with Figure 1. When in doubt, always choose the lighter weight piece of equipment. Before the lake ice measures 8”, the option options are shovels and walk-behind snow blowers. 24. Clear 100% of area required for public use as soon as it is safely accessible. Mid season (i.e., after there is more than 8” of ice on the lake on average) 25. Continue to clear 100% of area required for public use. 26. Special requirements for Pond Hockey (only when Pond Hockey has been scheduled): 1. Special Events staff will manage the agreement for turn-key use of the ice and associated tournament event; PW staff shall coordinate and communicate with Special Events on this event. 2. Do not use snow wind-rows between rinks. Pond Hockey event managers are required to bring their own rink dividers (e.g., wood, cones, etc.). 3. Do not let Hockey Association maintain the lake ice directly unless/until a signed agreement has been filed with the Town Clerk each year. Late season (i.e., until weather becomes too warm to maintain the ice safely, no matter how thick the ice is.) Page 6 of 8 Last Updated 12/16/2011 27. After the Pond Hockey event ends (if it occurs), continue to clear 100% of area required for public use but discontinue clearing excess ice area. 28. Close extra areas previously opened by coning them off and putting up signs. 29. If ice thickness diminishes to less than 8” thick or ice surface conditions become too soft for skating on/before President’s Day in February, stop maintaining ice and close-out lake ice program for the season. 30. Upon closure, re-install signs “Lake Ice Closed…. El Hielo del lago Cerrado”. E. Ice Strength / Equipment Selection See Figure 1. Use the Pink Line Due to the inherent natural variability in lake ice, staff must exercise their trained judgment when operating equipment across a variety of ice surfaces The Town of Avon’s recommended ice thickness curve (solid pink line) has been developed based on information from the Maine Department of Fish and Wildlife and historical past practices in Avon. USACE (dashed line) was developed by the U.S. Army Corps of Engineers based on the following formula: h= 4*SQRT(P) where h= depth and P= total permissible vehicle load in pounds; this line is provided for reference only. Page 7 of 8 Last Updated 12/16/2011 F. EMERGENCIES: If you fall through the ice: DON’T PANIC, remain calm. Hold onto the ice edge if possible. Yell for help. Try not to flail with your arms to try to get back onto the ice surface. This could break the ice edge and will only tire you out. If your co-worker falls through the ice: And you are alone; Call 911 (this can be dialed from push-to-talk or cellphone) Clearly say this: “Need ice rescue and paramedic in Avon now. Town employee just went through ice in Nottingham Lake.” Do not hang up but you may set the phone down to help your co-worker. The info above should be enough to get paramedics en route. Stay safe distance (e.g., 10-feet) away from the water’s edge. Keep your co-worker in sight. Yell encouragement to her/him. Take the throw bag and pull enough rope out of the bag to reach him/her, toss the bag near his/her head or shoulders, tell him/her to grab on and wrap it around his/her arm or chest, and keep him/her in sight. The first through of the bag is your best chance for accuracy. Aim well. Keep trying until he/she has hold of the rope. DO NOT try to pull him/her out. Stay with victim until rescue teams arrive. And there are other co-workers with you; Call 911 and communicate as above. Stay safe distance (e.g., 10-feet) away from the water’s edge. Keep your co-worker in sight. Yell encouragement to him/her. Use the throw bag technique described above. Keep trying until the worker in the water has hold of the rope. Wait for rescue teams to arrive. If you are operating equipment that begins to fall through the ice: Get off the equipment immediately - Let the equipment go in and do not try to rescue it Move yourself (on foot) to an area that has already been cleared Do not re-approach stranded vehicle Page 8 of 8 Last Updated 12/16/2011 Call for help using your radio and initiate equipment retrieval procedures: Call 911 and inform Vail Dispatch of the details of the situation; request assistance and back-up from Fire Department Ice Rescue Team Await FD arrival Contact Joe Histed at 390-2280 or Jenny Strehler at 390-2743. Work in groups of 3-4 Bring throw bags and radios (minimum of 1 bag and 1 radio per 4 people) All staff working on ice within 150-ft of stranded vehicle or ice penetration must: Have completed ice safety and rescue training within last 24 months Wear PFDs Use extreme caution Documentation Document all emergency incidents and close calls using the Town’s Incident Investigation Form (available from Administrative Services or in TOA Loss Control Manual) These procedures should be reviewed and adjusted as needed annually by the Director of Public Works. Keystone Lessons Early season Once ice reaches six inches, begin with hand shoveling of snow, progressing to snow throwers at 10”, then a light tractor pushing at about 20”, then Zamboni once depth reaches 30”. Auguring done in multiple places until all augur holes reach the desired depth of 30”. Ice skating can begin at 20”, but effective resurfacing doesn’t begin until about 30”; this is also when the hockey rink (mid-lake) can be set up and maintained safely. Temperature highs and lows, as well as weather conditions (snow, sunny, overcast) must be kept carefully, alongside augur depth records It’s important in early season to watch for clear or black ice vs cloudy ice to determine quality of ice Clearing all fresh snow, as soon as possible, is essential, as accumulated snow can deteriorate the quality and integrity of the ice. Ice auguring and measuring continues until they have a consistent depth of 30+ inches. Mid/Peak season Ice is now stable. Keystone’s mid-season depth is 3’+. Auguring done less frequently, but paying attention to areas where water flows under. If there is a long period of sunlight and/or warmth (over 32F), additional augurs may take place to verify thickness. There will be cracks, but not of concern unless water comes up. If the water ingress gets frozen, you must begin checking depth again. If there is air between the water and the bottom of the ice, you can have unexpected melting or weakness in the ice. The underlying water supports the ice. Toward season end Start closing off ice above ingress/egress water flow. Augur more frequently; ensure ice bottom and water below are in contact Be careful around the shores of the water for early melting Once the ice thins to below 30”, the Zamboni must come off. Below 20”, and resurfacing stops. The ice is maintained only by removal of snow, not by reconditioning. When depth hits 15”, or if water comes up through cracks, season has ended 970-300-4373 pwisor@garfieldhecht.com TO: Honorable Mayor Smith Hymes and Councilmembers FROM: Paul Wisor, Town Attorney RE: Ordinance 20-07 – Amending Section 5.08.150 Regarding Modification of Liquor Licensed Premises DATE: May 15, 2020 (Updated May 21, 2020 to Reflect New State Regulations) SUMMARY: Ordinance 20-07 will vest the processing and approval of applications for modification of liquor licensed premises from the Local Liquor Authority to the Town Manager. BACKGROUND: Currently, State and Eagle County Public Health Orders prohibit restaurants from providing dine-in services due to the ongoing COVID-19 pandemic. It is anticipated an Amended Public Health Order from Eagle County Department of Public Health and Environ ment will allow some restaurants to provide dine- in services with certain capacity restrictions. It is also anticipated restaurants will have greater flexibility to provide dine-in service outdoors. In order to provide service to more customers outdoors, some restaurants have indicated they would need to modify the liquor likened premises. Under the Avon Municipal Code, the Local Liquor Authority holds hearings on these requests. Ordinance 20-07 would vest authority with these modifications in the Town Manager in order to streamline to application process and making processing of such modifications more efficient. Such streamlining is deemed necessary in order to allow business to quickly and successfully reopen as they recover from the significant imp acts of the pandemic. As discussed below, a license holder will still need to apply to the state for approval in addition to approval received by the Town. It is staff’s understanding the state has modified its staffing to process these requests quickly. Ordinance 20-07 will sunset as such time Council declares the local disaster emergency no longer exists. (UPDATE) EMERGENCY REGULATION 47-302(F): In order to facilitate more outdoor seating at restaurants and bars, the Liquor Enforcement Division has i ssued its Emergency Regulation 47-302(F) (the “ER”). Under the ER, a licensee may concurrently apply to the Local Liquor Authority and the State for a Temporary Modification of On-Premises License. Under a Temporary Modification of On-Premises License, licensees may temporarily expand their licensed premises into sidewalks, streets and parking lots. The expanded premises must be contiguous with or adjacent to the currently licensed premises. If a public right of way (sidewalks or streets) are included in the modified premises, the following conditions must be met: a. The licensee has been granted an easement for the public thoroughfare for the purpose of transporting alcohol beverages. b. The public thoroughfare is authorized solely for pedestrian and non-motorized traffic. c. The inclusion of the public thoroughfare is solely for the purpose of transporting alcohol beverages between licensed areas, and no sale or consumption will occur on or within the public thoroughfare. d. Any other conditions as established by the local licensing authority. Notwithstanding the foregoing, the public cannot consume alcoholic beverages on public sidewalks, and only liquor licensed servers may cross public sidewalks to serve alcoholic beverages. To consume in the street, the Town would need to shut down the street in which consumption would occur. Page 2 of 3 Licensees will need to be responsible for clearly marking the boundaries of the modified premises. The Liquor Enforcement Division has indicated something mo re than tape or chalk will be required. Licensees will also need to submit a diagram to depicting the expanded area as well as a plan under which the licensee will be able to 1) prevent minors for accessing alcohol; 2) prevent overserving and 3) preclude customers from leaving the expanded premises with alcoholic beverages. The ER makes clear licensees must obtain the permission of the owner of the area onto which the licensed area will be expanded. The preference is that this permission be in the form of lease or amended lease, but other official letter or agreement will be accepted. Finally, the ER makes clear neighboring licensees may not share the same space. Each licensee must use and maintain its own modified premises, with the exception of common sidewalks used by servers to deliver alcohol. FINANCIAL CONSIDERATIONS: It is not anticipated Ordinance 20-07 would lead to increase costs to the Town. PROCESS: Section 6.6 of the Avon Home Rule Charter permits adoption of an ordinance by emergency process with the concurring vote of five Council members and after posting notice of a public hearing and conducting a public hearing. RECOMMENDATION: Staff recommends approval of Ordinance 20-07. PROPOSED MOTION: “I move to approve First and Final Reading of Ordinance 20-7, amending Section 5.08.150(a) of the Avon Municipal Code.” Thank you, Paul ATTACHMENTS: Attachment A – Ordinance 20-07 Ord 20-07 AMENDING SECTION 5.08.150(a) OF THE AVON MUNICIPAL CODE – May 26, 2020 Page 1 of 3 ORDINANCE NO. 20-07 AN EMERGENCY ORDINANCE AMENDING SECTION 5.08.150(a) OF THE AVON MUNICIPAL CODE TO PROVIDE MORE EFFICIENT PROCESSING OF MODIFCATION OF LIQUOR LICENSED PREMISES WHEREAS, COVID-19 is a highly contagious virus that has spread throughout the United States, including the Town of Avon, Colorado (the “Town”); and WHEREAS, COVID-19 may cause serious illness and death, especially with respect to elderly persons or those with underlying health conditions; and WHEREAS, on March 6, 2020, Eagle County declared a local disaster; and WHEREAS, on March 10, 2020, in response to the spread of COVID-19, Governor Polis declared a state of emergency; and WHEREAS, on March 19, 2020, the Avon Town Manager declared a local disaster emergency, and Town Council extended such declaration on March 24, 2020; and WHEREAS, on March 25, 2020 Governor Polis issued Executive Order D 2020 017 wherein he ordered Coloradoans to stay at home due to the presence of COVID-19 in the state, subject to certain limited exceptions; and WHEREAS, since March 25, 2020 the Colorado Department of Public Health and Environment, has issued several Orders directed at the current coronavirus (COVID-19) public health emergency. Included within such Orders are provisions, with certain stated exceptions, requiring that all restaurants are closed to dine-in service; and WHEREAS, on April 27, 2020, the Eagle County Department of Public Health issued a Public Health Order easing some restrictions imposed by the State’s Orders; however, such Eagle County Order mandated all restaurants and bars to remain closed for dine-in service; WHEREAS, it is anticipated Eagle County Department of Public Health will issue a new order on May 25, 2020 to allow some restaurants to reopen for dine-in service subject to certain restrictions on capacity; and WHEREAS, it is anticipated the ability to provide outdoor seating and service will provide restaurants with the ability to serve more customers under the anticipated new order; and Attachment A: Ordinance 20-07 Ord 20-07 AMENDING SECTION 5.08.150(a) OF THE AVON MUNICIPAL CODE – May 26, 2020 Page 2 of 3 WHEREAS, some restaurants located within Avon have limited capacity to provide service outdoors, including limited ability to serve alcoholic beverages outdoors under the restrictions set forth in their now-existing liquor license; and WHEREAS, certain Avon business have expressed the need and desire to expand the area in which they are able to serve alcohol; and WHEREAS, Section 5.08.150(a) provides the Local Liquor Licensing authority is charged with approving the modification of a liquor licensed premises; and WHEREAS, the Town Council finds, given the urgent need to allow certain business to successfully reopen, it is inefficient for the Local Liquor Authority to process and grant approvals for liquor licensed premises applications, and the Town Manager is capable of efficiently reviewing and processing such applications; and WHEREAS, Section 6.6 of the Charter permits the adoption of ordinances on one reading with the concurring vote of five (5) Council members after posting notice of a public hearing and conducting a public hearing; and, WHEREAS, the Town Council finds that amending Section 5.08.150 of the Avon Municipal Code to authorize the Town Manager to approve the modification of liquor licensed premises will promote the health, safety and general welfare of the Avon community; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Section 5.08.150(a). Section 5.08.150(a) of the Avon Municipal Code is hereby amended to read as follows with strike-out indicating language to be deleted and underline indicating language to be adopted: (a) To achieve a modification of licensed premises or a change in the location of a liquor licensed outlet, the applicant shall submit all forms and material required by the State Liquor Enforcement Division, a fee to the Town of one hundred fifty dollars ($150.00) for actual and necessary expenses incurred in connection with processing the application, and any additional materials as reasonably required by the Town Attorney, Town Clerk or Police Chief, as well as any information, testimony or documents required by the Attachment A: Ordinance 20-07 Ord 20-07 AMENDING SECTION 5.08.150(a) OF THE AVON MUNICIPAL CODE – May 26, 2020 Page 3 of 3 Local Liquor Licensing Authority. In making a its decision with respect to a modification of licensed premises or a change in the location of a licensed outlet, the Local Liquor Licensing Authority or Town Clerk shall take into consideration the reasonable requirements of the neighborhood and the desires of adult inhabitants. The Town Clerk may approve a modification of premises but may not approve a change in the location of a licensed outlet. The Town Clerk may refer any premise modification application to the Local Liquor Licensing Authority in the Town Clerk's sole discretion. Administrative approval of premise modification shall be reported to the Avon Town Council. Section 3. 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 4. Effective Date. This Ordinance shall take effect immediately upon adoption in accordance with Section 6.6 of the Charter. Section 5. Sunset of Ordinance. This Ordinance shall remain in full force and effect until such time as the Town Council Declares the Local Disaster Emergency no longer exists. 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. 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 8. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [SIGNATURE PAGE FOLLOWS] Attachment A: Ordinance 20-07 Ord 20-07 AMENDING SECTION 5.08.150(a) OF THE AVON MUNICIPAL CODE – May 26, 2020 Page 4 of 3 Section 9. INTRODUCED AND ADOPTED ON FIRST AND FINAL READING on May 26, 2020 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Paul Wisor, Town Attorney Attachment A: Ordinance 20-07 970-300-4373 pwisor@garfieldhecht.com TO: Honorable Mayor Smith Hymes and Councilmembers FROM: Paul Wisor, Town Attorney RE: Resolution 20-16 Granting the Mayor, Mayor Pro Tem, and Town Manager and their Respective Designates Authority to Declare a Local Disaster Emergency DATE: May 15, 2020 SUMMARY: Resolution 20-16 will vest authority to declare a local disaster emergency in the Mayor, Mayor Pro-Tem, Town Manager and their respective designees. BACKGROUND: Currently, §24-33.5-709, C.R.S. authorizes the principal executive officer of a political subdivision to declare a local disaster. This declaration is important as it makes the Town eligible for certain disaster relief funds from the County, the State and the federal government. Under the policies of some of these entities, the Town is not eligible for reimbursement of any costs made prior to the declaration. In some instances, such as wildfires, the Town may need to quickly issue a declaration in order to be eligible to be reimbursed for unanticipated costs incurred by the Town. The Resolution utilizes the Town’s home rule authority to designate the Mayor, Mayor Pro-Tem, Town Manager and their respective designees as persons eligible to declare a local disaster emergency. This designation is made in the event the Mayor or the Town Manager were unavailable to declare such an emergency and the Town were in the position where it would need to quickly incur significant costs to respond to the emergency. FINANCIAL CONSIDERATIONS: It is not anticipated Resolution 20-16 would lead to increase costs to the Town. RECOMMENDATION: Staff recommends approval of Resolution 20-16. PROPOSED MOTION: “I move to approve Resolution 20-16 Granting the Mayor, Mayor Pro-Tem, Town Manager and their respective designees authority to declare a local disaster emergency.” Thank you, Paul ATTACHMENTS: Attachment A – Resolution 20-16 970-300-4373 pwisor@garfieldhecht.com Attachment A (Resolution 20-16) Res 20-16 Authority to Declare Local Disaster – May 15, 2020 Page 1 of 2 TOWN OF AVON RESOLUTION 20-16 SERIES OF 2020 GRANTING THE MAYOR, MAYOR PRO-TEM, TOWN MANAGER AND THEIR RESPECTIVE DESIGNEES AUTHORITY TO DECLARE A LOCAL DISASTER EMERGENCY WHEREAS, the Town of Avon (the “Town”) is a home-rule municipality duly organized and existing under and pursuant to Article XX of the Colorado Constitution; and WHEREAS, §24-33.5-709, C.R.S. authorizes the principal executive officer of a political subdivision to declare a local disaster; and WHEREAS, pursuant to §24-33.5-709(2), C.R.S., the “effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local and interjurisdictional disaster and emergency plans and to authorize the furnishing of aid and assistance under such plans”; and WHEREAS, in some instances, such as the occurrence of a wildfires within the boundaries of the Town, an immediate declaration of a local disaster may be necessary to recoup all costs of responding to the emergency; and WHEREAS, the Avon Town Council has determined that it is in the public interest to permit multiple individuals to declare a local disaster in the event the “principal executive officer” is unavailable upon the occurrence of a disaster; and WHEREAS, the Avon Town Council wishes to grant the Mayor, the Mayor Pro-Tem, the Town Manager, and their respective designees the authority to declare a local disaster pursuant to § 24- 33.5-709, C.R.S.; and WHEREAS, the Avon Town Council hereby finds, determines and declares that this Resolution will promote the health, safety and general welfare of the Avon community. NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. The Avon Town Council hereby grants the Mayor, the Mayor Pro-Tem, the Town Manager, and their respective designees the authority to declare a local disaster emergency in accordance with C.R.S. § 24-33.5-709. [SIGNATURE PAGE FOLLOWS] Res 20-16 Authority to Declare Local Disaster – May 15, 2020 Page 2 of 2 ADOPTED this 26th day of May 2020. AVON TOWN COUNCIL By: __________________________________ Sarah Smith-Hymes, Mayor Attest: ________________________________ Brenda Torres, Town Clerk 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Eric Heil, Town Manager RE: Res. No. 20-17 Food Truck Locations DATE: May 22, 2020 SUMMARY: Resolution No. 20-17 Establishing the Location and Maximum Number of Food Trucks is presented for Council consideration. Resolution No. 20-17 authorizes broad authority for administrative approval of food trucks and vendors west of Avon Road. BACKGROUND: In 2016 the Avon Town Council adopted limited authorization for food trucks and vendors and the Town Manager implemented with administrative regulations and guidelines. The original intent was to be cautious and deliberate in approving only select locations. Avon’s experience has been by and large limited to the Rocky Mountain Taco truck, which has been well received by the community. Circumstances have changed dramatically since the onset of the COVID-19 pandemic. The current Eagle County Public Health Order transitions to Phase II-Blue-Intermediate on Monday, which allows restaurants to re-open. The wide consensus by health officials, restaurant operators and the public is to promote and enable expanded outdoor dining activities. Avon Staff is currently receiving multiple requests by Avon restaurants to open food trucks and food booths in Nottingham Park and the surrounding rights of way. Due to the short summer and the likelihood that food truck and vending operations will evolve quickly, Resolution No. 20-17 presents broad authority to enable administrative approval so that we are able to work quickly with interested operators. Our guidance will include a preference and prioritization for existing restaurants in Avon. Approval will be subject to a revocable license agreement that is prepared and approved by the Town Attorney. PROPOSED MOTION: “I move to approve Resolution No. 20-17 Establishing the Location and Maximum Number of Food Trucks.” Thank you, Eric ATTACHMENT: Resolution No. 20-17 Establishing Location and Maximum Number of Food Trucks RESOLUTION 20-17 ESTABLISHING THE LOCATIONS AND MAXIMUM NUMBER OF FOOD TRUCKS WHEREAS, the Avon Town Council has determined that allowing food trucks and food vendors in locations near Harry A. Nottingham Park is a viable strategy to bring activity and vibrancy and will provide for expanded small business opportunity; and WHEREAS, the Avon Town Council finds increased opportunities for outdoor dining in open park areas will comply with health and safety concerns and public health order guidance related to the COVID-19 pandemic; and WHEREAS, the Avon Town Council adopted Ordinance No. 16-07, Allowing Food Trucks to Operate on Rights-of-Way; and WHEREAS, Section 5.04.080(b) of the Avon Municipal Code requires that the Avon Town Council establish the location and maximum number of vendor permits by resolution; and WHEREAS, the Avon Town Council hereby finds, determines and declares that this Resolution will promote the health, safety and general welfare of the Avon community. NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. This Resolution No. 20-17 shall supersede and replace prior resolutions concerning the location and maximum number of food trucks. Section 2. Food trucks and vendors may be located on any right-of-way or Town property west of the Avon Road right-of-way in accordance with regulations and guidance adopted by the Town Manager. The maximum number of food trucks and vendors shall be determined by the Town Manager taking into consideration community demands, conflicts with events and construct, hours and days of operations, and public health and safety related to food service and COVID-19 pandemic public health orders. ADOPTED on May 26, 2020. AVON TOWN COUNCIL By:________________________________ Attest:______________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ATTACHMENT: Res No. 20-17 AVON REGULAR MEETING MINUTES TUESDAY MAY 12, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE EXECUTIVE SESSION PURSUANT TO C.R.S. §24-6-402(4)(B) FOR THE PURPOSE OF SEEKING LEGAL ADVICE FROM THE TOWN ATTORNEY RELATED TO APPOINTMENTS TO COMMITTEES AND COMMISSIONS. Executive Session was hosted in a virtual format, using Zoom.us. Mayor Smith Hymes convened an Executive Session Pursuant to C.R.S. §24-6-402(4)(B) for the Purpose of Seeking Legal Advice from the Town Attorney Related to Appointments to Committees and Commissions. Council members present were Tamra Underwood, Jennie Fancher, Chico Thuon, Amy Phillips, Scott Prince and Jake Wolf. Also present were Town Attorney Paul Wisor, Town Manager Eric Heil, and Executive Assistant to the Town Manager Ineke de Jong. The time was 5:05 p.m. Councilor Wolf made a motion to move out of Executive Session. Councilor Underwood seconded the motion and it passed unanimously. Executive Session ended at 5:24 p.m. 1. CALL TO ORDER AND ROLL CALL The meeting was hosted in a virtual format, using Zoom.us. Mayor Smith Hymes called the meeting to order at 5:27 p.m. A roll call was taken, and Council members present by video/audio were Amy Phillips, Tamra Underwood, Scott Prince, Jennie Fancher, Jake Wolf, and Chico Thuon. Also present were Mobility Director Eva Wilson, Recreation Director John Curutchet, Public Works Director Gary Padilla, Human Resources Director Lance Richards, Planning Director Matt Pielsticker, Town Attorney Paul Wisor, Police Chief Greg Daly, Executive Assistant to the Town Manager Ineke de Jong, Town Manager Eric Heil, and Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:57 Mayor Smith Hymes added a new item to discuss an open container policy on town property as item 5.11 and moved written report item 6.6 pickleball court analysis to be discussed with item 5.7, work session on west Nottingham park landscape updates. Councilor Underwood requested to pull item 6.4 Hwy 6 pedestrian crossing from the written reports for Council discussion and direction. Mayor Smith Hymes added it as agenda item 5.12. Councilor Underwood moved to approve the agenda as amended. Mayor Pro Tem Phillips seconded the motion and the motion passed on a vote of 6 to 1. Councilor Wolf voted no. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:02:58 Councilor Prince disclosed that his son participates on the Avon USA Swim Team, related to the Rec Center budget item. Councilor Underwood said that is not considered a conflict of interests. No motion made. 4. PUBLIC COMMENT Video Start Time: 00:03:39 Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email for public comments. AVON REGULAR MEETING MINUTES TUESDAY MAY 12, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE Bill VanCuren commented on the lack of mask wearing in the town and he requested to Council to please consider making mask wearing a mandatory policy to enter businesses with consequences for non- compliance. Michael Cacioppo commented on the public notice for this meeting. He said it was very confusing on the website whether this meeting was virtual or not and the starting time was not right after the executive session held. He also asked why Council had to go into executive session to discuss how to appoint committee memberse. Town Attorney Paul Wisor explained the conversation was related to legal advice. Mr. Cacioppo also said he could not find the bookmarks in the Council packet. 5. BUSINESS ITEMS 5.1. WILDRIDGE SUBDIVISION WILDLAND FIRE MITIGATION AND EMERGENCY PREPAREDNESS WORK SESSION (ERFPD CHIEF KARL BAUER) Video Start Time: 00:16:20 Avon Police Chief Daly introduced and thanked the team members involved in this project: Chief Karl Bauer, Community Risk/PIO Traci LeClair, and Wildfire Mitigation Specialist Jeff Zechman with the Eagle River Fire Protection District, Emergency Manager Birch Barron with the Eagle County, and with the Town of Avon Public Works Director Gary Padilla, Public Works Superintendent Drew Isaacson, Police Deputy Chief Coby Cosper, and himself. Members of the team presented on the Wildridge wildland fire mitigation and the evacuation exercise on May 26, 2020 and answered questions from Council. Chief Daly said to please contact the Avon Police Department at 970-748-4040 if people would like to participate in this exercise. Mayor Smith Hymes called for public comments and no public comments were made. 5.2. PLANNING AND ZONING COMMISSION APPOINTMENTS (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 00:59:40 Town Attorney Paul Wisor confirmed that he received the votes from all Council members and announced the two new Planning and Zoning Commission members: Sarah Lanious and Donna Lang Arenschield. Mayor Smith Hymes thanked the outgoing commissioners for their work and welcomed the new members. Planning Director Matt Pielsticker confirmed he will re-post the vacant position for the remaining open seat. Mayor Pro Tem Phillips requested to note that the open seat must be an Avon Resident. Video Start Time: 03:25:44 Councilor Prince moved to appoint Sarah Lanious and Donna Lang Arenschield as the new Planning and Zoning Commission members. Councilor Fancher seconded the motion and the motion passed unanimously. AVON REGULAR MEETING MINUTES TUESDAY MAY 12, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 5.3. RESOLUTION 20-13 APPROVING ADDITIONAL COMMUNITY GRANT FUNDS (COMMUNICATIONS MANAGER LIZ WOOD) Video Start Time: 01:02:25 Communications Manager Liz Wood presented. She explained that 5 additional applications for funding were received. Chief Daly reported on the Hope Center Funding. Carrie Benway with the Hope Center thanked Council and Chief Daly for their support and gave a brief update on their school program and remote learning. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Fancher moved to approve Resolution 20-13 Concerning the Allocation of COVID-19 Grant Funding. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. 5.4. INTERVIEWS OF CULTURAL, ARTS, AND SPECIAL EVENTS COMMITTEE CANDIDATES AND APPOINTMENT OF 3 MEMBERS (CASE MANAGER DANITA DEMPSEY) Video Start Time: 01:17:28 CASE Manager Danita Dempsey introduced the three applicants and mentioned that all three members reapplied for the open seats, no other applications were received. Council interviewed applicants in alphabetical order: Pedro Campos, Chris Cofelice and Kathy Ryan. Councilor Wolf moved to reappoint Pedro Campos, Chris Cofelice and Kathy Ryan as CASE committee members. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. 5.5. PUBLIC HEARING: SECOND READING OF ORDINANCE 20-05, APPROVING CODE TEXT AMENDMENTS FOR ELECTRIC VEHICLE CHARGING, BOILER EFFICIENCY AND SOLAR-READY REQUIREMENTS (TOWN PLANNER DAVID MCWILLIAMS) Video Start Time: 01:35:42 Town Planner David McWilliams presented and highlighted one change made since the First Reading and commented there has since been additional outreach. He mentioned that after outreach he only received questions but no actual comments. He also pointed out an update made to the Ordinance by Staff, regarding the parking spaces. Councilor Underwood thanked Derek Place, David McWilliams and Matt Pielsticker for all their work. Mayor Smith Hymes opened the Public Hearing and no public comments were made. Councilor Fancher moved to approve Second Reading of Ordinance 20-05 Approving Code Text Amendments for Electric Vehicle Charging, HVAC Efficiency and Solar-Ready Requirements. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. AVON REGULAR MEETING MINUTES TUESDAY MAY 12, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 5.6. WORK SESSION: COVID-19 PROTOCOLS FOR RE-OPENING AVON RECREATION CENTER (RECREATION DIRECTOR JOHN CURUTCHET) Video Start Time: 01:40:12 Recreation Director John Curutchet presented. He mentioned that there is an update to his report, per the latest Eagle County Health Orders, day camps are now approved to begin in phase two. He explained the challenges and all the precautions suggested when reopening the Rec Center. Council discussion included that the pool should be moved up to the list, air flow analysis, lap pool and open water swimming, outdoor fitness classes, and Staff getting back to work. Town Attorney Paul Wisor said no motion to reopen the Rec Center was needed since Council did not make a motion to close it, only direction provided. Councilor Wolf lost connection at 7:18 pm. He reconnected with video and audio at 7:25 pm. Mayor Smith Hymes called for public comments and Michael Cacioppo commented and expressed his concerns with reopening the Rec Center. He suggested temperature checks at the entrance, limit the number of people on a first come first serve basis, disinfecting all equipment for a minute after use, use of masks, and all users to wear rubber gloves. Council thanked Recreation Director John Curutchet for his great work and supported the Avon Rec Center reopening. 5.7. WORK SESSION: WEST NOTTINGHAM PARK LANDSCAPE UPGRADES (PLANNING DIRECTOR MATT PIELSTICKER AND PEDRO CAMPOS) Video Start Time: 02:15:13 Planning Director Matt Pielsticker and Pedro Campos presented. Recreation Director John Curutchet presented and answered questions about the pickleball courts. After Council discussion, Town Manager Eric Heil summarized Council consensus for option number 1: removing the softball field, stripping for U9 soccer field, redoing the stripping on U11 field, doing landscaping along the walkway, resurfacing pickleball court, and landscaping at the entrance along West Beaver Creek Boulevard. Also not having pickleball courts in the corner but recognizing there is room to build probably three courts in the future for improvement. A written report will be presented to Council. 5.8. WORK SESSION: DEED RESTRICTED HOUSING PROGRAM (TOWN MANAGER ERIC HEIL AND TOWN ATTORNEY PAUL WISOR) Video Start Time: 03:09:22 Town Manager Eric Heil explained if Council agrees on these items tonight, Staff will bring a few Resolutions to the next Council meeting. The Resolutions include approving the Deed Restricted Housing program, the deed restriction form, and authorizing Staff to negotiate these. A separate Resolution to amend the community housing fund to appropriate $650,000 towards the program. Lastly, it was suggested to have an Ordinance to amend the Municipal code allowing Council to allocate up to 10% of the RETT revenues for its housing funds. AVON REGULAR MEETING MINUTES TUESDAY MAY 12, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 5.9. WORK SESSION: ICE RINK PRESENTATION: ICE SKATING ON NOTTINGHAM LAKE (GARY PADILLA & LANCE RICHARDS) Video Start Time: 03:22:58 Considering the time, this agenda item has been continued to the May 26, 2020 meeting. 5.10. APPROVAL OF MINUTES FROM APRIL 28, 2020 REGULAR COUNCIL MEETING (TOWN CLERK BRENDA TORRES) Video Start Time: 03:24:44 Councilor Underwood moved to approve the minutes from April 28, 2020. Councilor Fancher seconded the motion and the motion passed on a vote of 5 to 1. Councilor Wolf voted no. Mayor Pro Tem Phillips was away from her computer and did not vote. Town Attorney Paul Wisor noticed that no motion was made for item 5.2. Mayor Pro Tem Phillips was back to vote for this item. 5.11. ADDED ITEM: DIRECTION ON OPEN CONTAINER ON TOWN PROPERTY Video Start Time: 03:27:24 Council discussed open containers on town grounds. Councilor Fancher moved to allow open container consumption from 11:30 a.m. to 30 minutes after dusk, from now until October 31, 2020 in Nottingham park and the Pedestrian Mall. Councilor Wolf seconded the motion. Councilor Fancher amended her motion to include the West of Southside Benderz area. Councilor Wolf approved that amendment and the motion passed unanimously. Michael Cacioppo made a public comment. He asked on open container laws while driving. Town Attorney Paul Wisor clarified that having open container while driving is not allowed in the State of Colorado. Extra picnic tables will be placed in these areas. Staff will add this notice in the newsletter going out tomorrow and will work on a press release to inform the public. 5.12. HWY 6 PEDESTRIAN CROSSING (MOBILITY DIRECTOR EVA WILSON) Video Start Time: 03:38:53 Pulled written report item 6.4. Councilor Underwood thanked Mobility Director Eva Wilson for working with CDOT to approve a crosswalk on Hwy 6 and Stone Bridge Drive. Council discussed on the Eagle County and CDOT participation on these projects, Speeding limits, and the Zagster bike share program. 6. WRITTEN REPORTS 6.1. UPPER EAGLE REGIONAL WATER AUTHORITY APRIL 23, 2020 MEETING SUMMARY (MAYOR SMITH HYMES) 6.2. TOWN MANAGER REPORT (TOWN MANAGER ERIC HEIL) 6.3. AVON POLICE DEPARTMENT ANNUAL REPORT AND SIX MONTH UPDATE (POLICE CHIEF GREG DALY) 6.5. NOXIOUS WEED EDUCATION CAMPAIGN (INTERN CHARISE BISHOP) 6.6. PICKLE BALL COURT ANALYSIS (RECREATION DIRECTOR JOHN CURUTCHET) 6.7. MAY 5TH PLANNING AND ZONING COMMISSION MEETING ABSTRACT (PLANNING DIRECTOR MATT PIELSTICKER) AVON REGULAR MEETING MINUTES TUESDAY MAY 12, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 7. MAYOR & COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 03:50:50 Councilor Thuon mentioned Eagle Vail put out nice pedestrian signs and asked if Avon could do something similar for this summer. He said we saw a banner in Breckenridge thanking first responders and asked Staff to look into one for Avon. Town Manager Eric Heil confirmed a banner was delivered today and will be put up tomorrow. He suggested to put some chairs six feet apart for older people around the park so they can have a rest. He said he saw dirt bikes in the West Avon Preserve and asked what is happening. Town Manager Eric Heil explained they are working on the power lines and will pass this observation onto Planning Director Matt Pielsticker. Councilor Thyon also suggested to install a touch free water bottle fill station at the top of the West Avon Preserve. Councilor Thuon closed his comments asking if some inexpensive speeding reader signs may help with the speeding towards the center of the town. Mayor Pro Tem Phillips asked Staff to go look at the road crossing signage by the new roundabout in Edwards, which is simple, easy and good. 8. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:24 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: Brenda Torres, Town Clerk APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Jake Wolf Chico Thuon Jennie Fancher Scott Prince Tamra Underwood (970) 748-4049 gdaly@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Greg Daly, Chief of Police RE: Avon Police Department Disposition on Forfeited Properties for 2019 (Report Only) DATE: May 26, 2020 SUMMARY: In accordance with Avon Town Resolution 2000-12, “Section 4. The committee shall, each year, submit a written report to the Town Council concerning forfeited moneys or property received during the year and an accounting of how such monies were expended during the year.” The forfeited monies in the Forfeiture Account can only be used for law enforcement training or equipment expenditures only. These monies accrue from adjudicated criminal cases or through civil forfeiture processes. The opening balance for 2019 was $6,086.94. The total expenditures in 2019 were $6,000. The expenditures were for a 40th Anniversary Police Badge and a portion of replacing SWAT ballistic vests. The approved expenditures were authorized by the forfeiture committee comprising of District Attorney Bruce Brown, Avon Town Councilor Jennie Fancher and Chief Daly on 03/05/2019. The closing balance for 2019 was $86.94. Respectfully Submitted, Greg Daly Chief of Police ### (970) 748-4061 cbishop@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Charise Bishop, General Government Intern RE: Musical Instrument Playground Equipment DATE: May 13, 2020 SUMMARY: The Town has been interested in installing some outdoor musical equipment since 2015. Since events will be limited this year due to Public Health Orders, both Council and the CASE Committee have expressed interest in moving forward with these installations. This report is intended to inform Council about companies that provide outdoor musical equipment. This is a written report and no Council direction is requested at this time. BACKGROUND: In the past, there was a piano located outside of the Recreation Center which was very popular. Unfortunately, the piano is not meant to be kept outdoors, especially in Avon’s climate. Bringing back the piano would require extensive repairs and upkeep. During the 2015 Alpine World Ski Championships, Freenotes Harmony Park allowed the Town to demonstrate two collections. The first was the Flower Collection which was placed in the park and the second was the Premium Collection which was exhibited on the Main Street Mall. Since then, there has been a desire to order a permanent installation of outdoor musical equipment. In 2019, Town Staff and members of Council tried to secure sponsorships for these items and allocated $30,000 from the Capital Improvement Fund toward the project. Since gatherings of more than ten people are currently prohibited by Public Health Order, this could be the perfect time to follow through on this project to lift resident’s spirits. FREENOTES HARMONY PARK: Freenotes Harmony Park was at one time a Colorado-based company but have since sold to the PlayWell group, which is based out of Texas. They still have an office in Littleton. They manufacture their instruments in Chattanooga, Tennessee with sustainable materials. Freenotes does not provide demonstrations but have for us in the past The different types of mounting are surface- mounting (such as on concrete), in-ground mounting, or portable mounts, which would come with a base that would offer the flexibility to be able to move the instruments. The sales representative said he has a person who could install the equipment for the Town, but he would have to travel from Denver. We would have to pay for travel time. Individual pieces can be purchased, or there are eight separate ensembles that would result in significant savings. NATURE’S INSTRUMENTS: Nature’s Instruments specialize in wooden outdoor instruments. They use sustainably sourced wood. They also use some metal for certain pieces. Their company is based in Ontario, Canada. They manufacture their products there as well. They state that their instruments are designed to be outdoors, so weather should not be an issue. They do not provide demonstrations, but there are many of their instruments already installed throughout Colorado that could be examined. They do not install the instruments themselves but could recommend a local company for installation. The only grouping they recommend is the three Thunder Drums. There are no discounts for ordering more than one piece, other than for shipping costs. PERCUSSION PLAY: Percussion Play is a U.S. owned company based out of London, England. They manufacture all their instruments in Hampshire, U.K. They have local distributers in both Niwot and Littleton, Colorado. Cost for instruments include shipping from the U.K., but not for installation. They state they pride themselves on their sustainability. Their instruments are very durable in all sorts of climates and weather conditions. Percussion play does not install any of the instruments, but said self-installation is a simple process. They normally exhibit their instruments all throughout the country but are not doing so Page 2 of 2 currently because of the pandemic. They are willing to super-impose images of the instruments in locations we choose to provide a vision if needed. They offer a wide variety of quality, inclusive instruments, including eight different ensembles that offer savings over purchasing instruments individually. FINANCIAL CONSIDERATIONS: There is $30,000 allocated to toward this project and the Photo Monuments in the Capital Improvements Fund for Mall Activation Elements. It is more cost effective to purchase collections or ensembles if the plan is to purchase multiple instruments. It would also save us considerably to have Public Works complete the installations, instead of an outside company. Thank you, Charise ATTACHMENTS: Exhibit A- Nature’s Instruments Products and Prices Exhibit B- Percussion Play Price List Exhibit C- Freenotes Harmony Park’s Products Exhibit D- Freenotes Harmony Park’s Price List Costs Hanging Mount: $1,006.00 Post Mount: $1,810.00 Wall Mount: $1,884.00 Exhibit A- Nature’s Instruments Products and Prices Costs Keys Only: $2,017.00 Keys with 4-Post Log Frame: $3,485.00 Costs Single Drum Mounted to Log Post: $1,196.00 Set of 3 Drums Mounted to Log Posts: $3,516.00 Exhibit A- Nature’s Instruments Products and Prices Costs Nine Piece Chime Set: $2,520.00 Sixteen Piece Chime Set: $4,662.00 Exhibit A- Nature’s Instruments Products and Prices ® Percussion Play USD MSRP Price List Prices valid from September 1st 2019 to August 31st 2020 Prices are in US Dollars. Excluding TAX. Freight/Incoterm FOB, Petersfield UK. For Freight DDP to 48 Contiguous United States add 8% of MSRP. (Except where indicated *) Percussion Play Ltd standard Terms and Conditions of sale apply. E and OE. Key:G Ground Fix S Surface Fix*W Wall Fix Rainbow Notes ChargeCustom FeatureRainbow Notes ChargeExtended Footers *Price also applies to deep bury extended footers for EWF surfacing except where stated. HD Resonated Instruments - Assembly Upgrade to HDPE/Anodized Aluminum - Black Only MUSIC MADE FOR THE GREAT OUTDOORS ® C E Issue 5 18/11/2019 Page 1 of 8 Exhibit B- Percussion Play Price List Drums Rainbow Sambas (Set 5):Babel Drum Large:Cajon: G $2,620 G $2,550 G $1,575 S $2,620 S $2,965 S $1,575 $2,830 $1,720 Custom Color Charge$280 Custom Color Charge Congas (Pair):Babel Drum Small:Cajon Drum Circle (Set 3): G $895 G $1,970 G $4,625 S $1,065 S $2,370 S $4,625 $5,060 Custom Color Charge$100 Custom Color Charge Congas (Trio):Djembes (Set 3):Tumbadoras (Pair): G $2,535 G $5,235 G $3,475 S $3,085 S $5,755 S $3,655 Custom Color Charge$280 Custom Color Charge Aerophones Tembos Pentatonic:Tembos Diatonic:Tembos Blues: G $5,840 G $7,590 G $7,325 S $6,190 S $7,940 S $7,675 Handpipes: G $2,405 S $2,805 C C C E E E Issue 5 18/11/2019 Page 2 of 8 Exhibit B- Percussion Play Price List Chimes and Bells Tubular Bells (Set 7):Tubular Bells c/w Horseshoe Base:Tubular Bells (Each): G $3,925 S $5,855 G $610 S $5,855 S $815 Emperor Chimes (Set 6):Emperor Chimes (Set 3):Colossus Chimes (Set 11): G $5,755 G $2,965 G $6,545 S $6,815 S $3,470 S $8,950 Papilio:Harmony:Tutti: G $4,045 G $2,685 G $6,105 S $4,710 S $3,070 S $6,630 Cherub:Sonora:Bell Lyre: G $2,535/HD $2,865 G $4,795/HD $5,510 G $3,560 S $2,915/HD $3,230 S $5,145/HD $5,880 S $3,730 W $2,255/HD $2,565 W $4,540/HD $5,235 MyTunes (Per Note):MyTunes Legs (1+1 per 25 Notes): G $75 G $180 S $75 S $350 Issue 5 18/11/2019 Page 3 of 8 Exhibit B- Percussion Play Price List Chimes and Bells (Freechimes) Diatonic Symphony c/w SS Legs:Diatonic Symphony c/w Backboards:Diatonic Symphony (Notes Only): G $4,275 W $3,665 W $3,035 S $4,845 Pentatonic Symphony c/w SS Legs:Pentatonic Symphony c/w Backboards:Pentatonic Symphony (Notes Only): G $3,265 W $2,635 W $2,255 S $3,815 Alto Diatonic c/w SS Legs:Alto Diatonic c/w Backboards:Alto Diatonic (Notes Only): G $1,625 W $1,325 W $1,115 S $1,990 Alto Pentatonic c/w SS Legs:Alto Pentatonic c/w Backboards:Alto Pentatonic (Notes Only): G $1,325 W $1,010 W $875 S $1,690 Soprano Diatonic c/w SS Legs:Soprano Diatonic c/w Backboards:Soprano Diatonic (Notes Only): G $1,480 W $1,115 W $980 S $1,855 Soprano Pentatonic c/w SS Legs:Soprano Pentatonic c/w Backboards:Soprano Pentatonic (Notes Only): G $1,225 W $910 W $765 S $1,590 Issue 5 18/11/2019 Page 4 of 8 Exhibit B- Percussion Play Price List Xylophones and Metallophones Duo:Cadenza:Sansa-Rimba: G $3,835/HD $4,345 G $1,920/HD $2,235 G $2,405/HD $2,755 S $4,180/HD $4,710 S $2,090/HD $2,425 S $2,585/HD $2,935 W $2,090/HD $2,425 W $2,585/HD $2,935 Rainbow Notes Charge$280 Rainbow Notes Charge Cavatina:Capella:Wall Mounted Only G $2,670/HD $3,035 G $3,665 S $2,865/HD $3,230 S $4,010 Mirror Chimes: W $2,865/HD $3,230 W $2,005 Accessories Music Book (2 Pages):Music Book (4 Pages):Wall Marimba: G $1,745 G $2,440 W $1,920 S $1,920 S $2,620 W $1,920 W $2,620 Music Book Page Options: Page 1 - Jesu, Joy of Man’s Desiring | Ode To Joy Page 6 - Swing Low, Sweet Chariot | Yankee Doodle Page 2 - Old MacDonald Had A Farm | Twinkle Twinkle Page 7 - He's Got the Whole World | Kum Ba Yah Page 3 - Oh! Susanna | She'll Be Comin' Round The Mountain Page 8 - Itsy Bitsy Spider | It’s Raining, It's Pouring Page 4 - Frere Jacques | Row, Row, Row Your Boat Page 9 - Skye Boat Song | My Bonnie Lies Over The Ocean Page 5 - Amazing Grace | When The Saints Go Marching In Enquire About Custom Pages Floor Pianos Grand Floor Piano:Baby Floor Piano: G $39,950 G $19,550 C Issue 5 18/11/2019 Page 5 of 8 Exhibit B- Percussion Play Price List Marimbas Akadinda:Marimba:Grand Marimba: G $3,050 G $3,835 G $5,235 S $3,050 S $4,495 S $5,935 $3,630 Rainbow Range Bongos:Metallophone:Chimes:Penta Post: G $1,055 G $1,430 G $1,395 G $980 S $1,225 S $1,600 S $1,735 S $1,150 W $920 W $1,265 W $1,090 Ensembles Soprano Quartet Ensemble:Trio Ensemble: G $5,755/HD $6,105 G $8,635 S $6,895/HD $7,150 S $10,990 Alto Quartet Ensemble:Quintet Ensemble: G $10,465/HD $10,990 G $13,865/HD $14,560 S $12,120/HD $12,650 S $16,220/HD $16,915 Hexad Ensemble:Septet Ensemble: G $16,310 G $24,590 S $19,880 S $28,865 Street Quartet Ensemble:Rainbow Trio Ensemble: G $11,950 G $3,680 S $13,780 S $4,360 W $3,075 E Issue 5 18/11/2019 Page 6 of 8 Exhibit B- Percussion Play Price List Miscellaneous Additional Beaters:Tubular Bells/Colossus Chimes Beater Post Large Loose (Pair)$145 Large Loose (Pair)*c/w Large Beater (Each): Large Tethered (Pair)$205 Large Tethered (Pair)*Ground Fix$280 Ground Fix* Small Loose (Pair)$85 Small Loose (Pair)*Surface Fix$500 Surface Fix* Small Tethered (Pair)$145 Small Tethered (Pair)* Additional Paddles: Paddles Loose (Pair)$120 Paddles Loose (Pair)* Paddles Tethered (Pair)$155 Paddles Tethered (Pair)* Spare Caps (Rainbow Sambas/Conga):Rainbow Sambas (Each): XS Cap (160MM/6 5/16" ID)$70 XS Cap (160MM/6 5/16" ID)*XS Rainbow Samba$390 XS Rainbow Samba* S Cap (200MM/7 7/8" ID)$120 S Cap (200MM/7 7/8" ID)*S Rainbow Samba$460 S Rainbow Samba* M Cap (250MM/9 13/16" ID)$130 M Cap (250MM/9 13/16" ID)*M Rainbow Samba$510 M Rainbow Samba* L Cap (315MM/12 3/8" ID)$180 L Cap (315MM/12 3/8" ID)*L Rainbow Samba$585 L Rainbow Samba* XL Cap (400MM/15 3/4" ID)$245 XL Cap (400MM/15 3/4" ID)*XL Rainbow Samba$630 XL Rainbow Samba* Other Drum Caps (Imperial Resonator Sizes): XS Cap (156MM/6 1/8" ID)$70 XS Cap (156MM/6 1/8" ID)* S Cap (207MM/8 1/8" ID)$120 S Cap (207MM/8 1/8" ID)* M Cap (259MM/10 3/16" ID)$130 M Cap (259MM/10 3/16" ID)* L Cap (311MM/12 1/4" ID)$180 L Cap (311MM/12 1/4" ID)* XL Cap (389MM/15 5/16" ID)$245 XL Cap (389MM/15 5/16" ID)* Freechimes Solos (Each):Talk Tubes: Alto C4-B4$145 Alto C4-B4*G $3,315 3" Diameter Stainless Steel Talk Tubes (Pair) Soprano C5-C6$130 Soprano C5-C6*Including 40ft underground connection kit. Issue 5 18/11/2019 Page 7 of 8 Exhibit B- Percussion Play Price List Harmony Bells C Major C4 - C5:Harmony Bells G Major G4 - G5: G $1,180 S $1,350 G $1,180 S $1,350 Harmony Bells F Major F4 - F5:Harmony Bells Major Bunch: G $1,180 S $1,350 G $3,390 S $3,790 Harmony Bells D Minor D4 - D5:Harmony Bells A Minor A4 - A5: G $1,180 S $1,350 G $1,180 S $1,350 Harmony Bells E Minor E4 - E5:Harmony Bells Minor Bunch: G $1,180 S $1,350 G $3,390 S $3,790 Harmony Flower C5:Harmony Flower E5:Harmony Flower G5: G $595 S $765 G $595 S $765 G $595 S $765 Harmony Flower D5:Harmony Flower F5:Harmony Flower A5: G $595 S $765 G $595 S $765 G $595 S $765 Harmony Flowers Major Posy:Harmony Flowers Minor Posy: G $1,690 G $1,690 S $2,085 S $2,085 Issue 5 18/11/2019 Page 8 of 8 Exhibit B- Percussion Play Price List Exhibit C- Freenotes Harmony Park’s Products Exhibit C- Freenotes Harmony Park’s Products Exhibit C- Freenotes Harmony Park’s Products 2020 Price List - Individual Instruments PART #DESCRIPTION 2020 MSRP Aria 9 note metallophone, anodized aluminum bars, 2 mallets ARIA-IG-REC Aria - (With Recycled Inground Mount Kit)$2,004 ARIA-IG-STL Aria - (With Steel Inground Mount Kit)$2,338 ARIA-PM-REC Aria - (With Recycled Portable Mount Kit)$2,226 ARIA-PM-STL Aria - (With Steel Portable Mount Kit)$2,560 ARIA-SM-REC Aria - (With Recycled Surface Mount Kit)$2,102 ARIA-SM-STL Aria - (With Steel Surface Mount Kit)$2,338 Butterflies NEW!2 notes per Butterfly, anodized aluminum bells, 1 mallet per Butterfly BFLY-I-IG Indigo Butterfly – (With Inground Mount Kit)$1,059 BFLY-I-SM Indigo Butterfly – (With Surface Mount Kit)$949 BFLY-I-PM Indigo Butterfly – (With Portable Mount Kit)$1,159 BFLY-O-IG Orange Butterfly – (With Inground Mount Kit)$1,059 BFLY-O-SM Orange Butterfly – (With Surface Mount Kit)$949 BFLY-O-PM Orange Butterfly – (With Portable Mount Kit)$1,159 BFLY-T-IG Turquoise Butterfly – (With Inground Mount Kit)$1,009 BFLY-T-SM Turquoise Butterfly – (With Surface Mount Kit)$899 BFLY-T-PM Turquoise Butterfly – (With Portable Mount Kit)$1,109 BFLY-Y-IG Yellow Butterfly – (With Inground Mount Kit)$1,009 BFLY-Y-SM Yellow Butterfly – (With Surface Mount Kit)$899 BFLY-Y-PM Yellow Butterfly – (With Portable Mount Kit)$1,109 Cadence 13 note marimba, coated fiberglass bars, resonated, 2 mallets CADE-IG-REC Cadence - (With Recycled Inground Mount Kit)$3,918 CADE-IG-STL Cadence - (With Steel Inground Mount Kit)$4,586 CADE-PM-REC Cadence - (With Recycled Portable Mount Kit)$4,226 CADE-PM-STL Cadence - (With Steel Portable Mount Kit)$4,893 CADE-SM-REC Cadence - (With Recycled Surface Mount Kit)$4,114 CADE-SM-STL Cadence - (With Steel Surface Mount Kit)$4,586 Contrabass Chimes 7 note anodized aluminum chimes, 4 mallets CCH-IG Contrabass Chimes - (With Inground Mount Kit)$5,869 CCH-SM Contrabass Chimes - (With Surface Mount Kit)$7,791 Duet 18 note metallophone/marimba, aluminum/fiberglass bars, resonated, 4 mallets DUET-IG-REC Duet - (With Recycled Inground Mount Kit)$3,851 DUET-IG-STL Duet - (With Steel Inground Mount Kit)$4,519 DUET-PM-REC Duet - (With Recycled Portable Mount Kit)$4,159 DUET-PM-STL Duet - (With Steel Portable Mount Kit)$4,827 DUET-SM-REC Duet - (With Recycled Surface Mount Kit)$4,048 DUET-SM-STL Duet - (With Steel Surface Mount Kit)$4,519 Flowers 4 notes per Flower, anodized aluminum bells, 1 mallet per Flower FWR-T-IG Turquoise Flower – (With Inground Mount Kit)$1,104 FWR-T-SM Turquoise Flower – (With Surface Mount Kit)$999 FWR-T-PM Turquoise Flower – (With Portable Mount Kit)$1,209 FWR-O-IG Orange Flower – (With Inground Mount Kit)$1,104 FWR-O-SM Orange Flower – (With Surface Mount Kit)$999 FWR-O-PM Orange Flower – (With Portable Mount Kit)$1,209 FWR-I-IG Indigo Flower – (With Inground Mount Kit)$1,204 FWR-I-SM Indigo Flower – (With Surface Mount Kit)$1,099 FWR-I-PM Indigo Flower – (With Portable Mount Kit)$1,309 FWR-Y-IG Yellow Flower – (With Inground Mount Kit)$1,204 FWR-Y-SM Yellow Flower – (With Surface Mount Kit)$1,099 FWR-Y-PM Yellow Flower – (With Portable Mount Kit)$1,309 Released 11.15.19 Exhibit D- Freenotes Harmony Park’s Price List 2020 Price List - Individual Instruments PART #DESCRIPTION 2020 MSRP Griffin 11 note anodized aluminum chimes, resonated, 2 mallets GRIF-IG-REC Griffin - (With Recycled Inground Mount Kit)$3,362 GRIF-IG-STL Griffin - (With Steel Inground Mount Kit)$4,252 GRIF-PM-REC Griffin - (With Recycled Portable Mount Kit)$3,669 GRIF-PM-STL Griffin - (With Steel Portable Mount Kit)$4,560 GRIF-SM-REC Griffin - (With Recycled Surface Mount Kit)$3,558 GRIF-SM-STL Griffin - (With Steel Surface Mount Kit)$4,252 Harp 11 note anodized aluminum chimes, 2 mallets HRP-IG Harp - (With Inground/Surface Mount Kit)$4,452 HRP-PM Harp - (With Portable Mount Kit)$5,009 Imbarimba 22 note marimba, coated fiberglass bars, resonated, 2 mallets IMBA-IG-REC Imbarimba - (With Recycled Inground Mount Kit)$4,840 IMBA-IG-STL Imbarimba - (With Steel Inground Mount Kit)$5,508 IMBA-PM-REC Imbarimba - (With Recycled Portable Mount Kit)$5,148 IMBA-PM-STL Imbarimba - (With Steel Portable Mount Kit)$5,816 IMBA-SM-REC Imbarimba - (With Recycled Surface Mount Kit)$5,037 IMBA-SM-STL Imbarimba - (With Steel Surface Mount Kit)$5,508 Lilypad Cymbals (clear anodized)10 note bells, clear anodized aluminum discs, 3 mallets LPAD-IG-REC Lilypad Cymbals - (With Recycled Inground Mount Kit)$2,949 LPAD-IG-STL Lilypad Cymbals - (With Steel Inground Mount Kit)$3,289 LPAD-PM-REC Lilypad Cymbals - (With Recycled Portable Mount Kit)$3,176 LPAD-PM-STL Lilypad Cymbals - (With Steel Portable Mount Kit)$3,516 LPAD-SM-REC Lilypad Cymbals - (With Recycled Surface Mount Kit)$3,049 LPAD-SM-STL Lilypad Cymbals - (With Steel Surface Mount Kit)$3,289 Lilypad Cymbals (green anodized)10 note bells, green anodized aluminum discs, 3 mallets LPAD-G-IG-REC Lilypad Cymbals (Green Cymbals) - (With Recycled Inground Mount Kit)$3,165 LPAD-G-IG-STL Lilypad Cymbals (Green Cymbals) - (With Steel Inground Mount Kit)$3,505 LPAD-G-PM-REC Lilypad Cymbals (Green Cymbals) - (With Recycled Portable Mount Kit)$3,392 LPAD-G-PM-STL Lilypad Cymbals (Green Cymbals) - (With Steel Portable Mount Kit)$3,732 LPAD-G-SM-REC Lilypad Cymbals (Green Cymbals) - (With Recycled Surface Mount Kit)$3,265 LPAD-G-SM-STL Lilypad Cymbals (Green Cymbals) - (With Steel Surface Mount Kit)$3,505 Melody 9 note metallophone, anodized aluminum bars, resonated, 2 mallets MELD-IG-REC Melody - (With Recycled Inground Mount Kit)$1,844 MELD-IG-STL Melody - (With Steel Inground Mount Kit)$2,178 MELD-PM-REC Melody - (With Recycled Portable Mount Kit)$2,066 MELD-PM-STL Melody - (With Steel Portable Mount Kit)$2,400 MELD-SM-REC Melody - (With Recycled Surface Mount Kit)$1,942 MELD-SM-STL Melody - (With Steel Surface Mount Kit)$2,178 Merry 11 note metallophone, anodized aluminum bars, resonated, 2 mallets MERY-IG-REC Merry - (With Recycled Inground Mount Kit)$2,708 MERY-IG-STL Merry - (With Steel Inground Mount Kit)$3,376 MERY-PM-REC Merry - (With Recycled Portable Mount Kit)$3,015 MERY-PM-STL Merry - (With Steel Portable Mount Kit)$3,683 MERY-SM-REC Merry - (With Recycled Surface Mount Kit)$2,904 MERY-SM-STL Merry - (With Steel Surface Mount Kit)$3,376 Manta Ray 36 note anodized aluminum chimes, 4 mallets MRAY-IG Manta Ray - (With Inground/Surface Mount Kit)$4,853 MRAY-PM Manta Ray - (With Portable Mount Kit)$5,410 Pagoda Bells 8 note bells, stainless steel hemishperes, 2 mallets PBEL-IG-REC Pagoda Bells - (With Recycled Inground Mount Kit)$3,843 PBEL-IG-STL Pagoda Bells - (With Steel Inground Mount Kit)$4,177 PBEL-PM-REC Pagoda Bells - (With Recycled Portable Mount Kit)$4,066 PBEL-PM-STL Pagoda Bells - (With Steel Portable Mount Kit)$4,399 PBEL-SM-REC Pagoda Bells - (With Recycled Surface Mount Kit)$3,941 PBEL-SM-STL Pagoda Bells - (With Steel Surface Mount Kit)$4,177 Released 11.15.19 Exhibit D- Freenotes Harmony Park’s Price List 2020 Price List - Individual Instruments PART #DESCRIPTION 2020 MSRP Pegasus 23 note metallophone, anodized aluminum bars, resonated, 2 mallets PEG-IG-REC Pegasus - (With Recycled Inground Mount Kit)$4,703 PEG-IG-STL Pegasus - (With Steel Inground Mount Kit)$5,370 PEG-PM-REC Pegasus - (With Recycled Portable Mount Kit)$5,009 PEG-PM-STL Pegasus - (With Steel Portable Mount Kit)$5,677 PEG-SM-REC Pegasus - (With Recycled Surface Mount Kit)$4,898 PEG-SM-STL Pegasus - (With Steel Surface Mount Kit)$5,370 Piper 11 note marimba, coated fiberglass bars, resonated, 2 mallets PIPR-IG-REC Piper - (With Recycled Inground Mount Kit)$2,690 PIPR-IG-STL Piper - (With Steel Inground Mount Kit)$3,358 PIPR-PM-REC Piper - (With Recycled Portable Mount Kit)$2,997 PIPR-PM-STL Piper - (With Steel Portable Mount Kit)$3,665 PIPR-SM-REC Piper - (With Recycled Surface Mount Kit)$2,886 PIPR-SM-STL Piper - (With Steel Surface Mount Kit)$3,358 Rhythm 9 note marimba, coated fiberglass bars, resonated, 2 mallets RHYT-IG-REC Rhythm - (With Recycled Inground Mount Kit)$1,844 RHYT-IG-STL Rhythm - (With Steel Inground Mount Kit)$2,178 RHYT-PM-REC Rhythm - (With Recycled Portable Mount Kit)$2,066 RHYT-PM-STL Rhythm - (With Steel Portable Mount Kit)$2,400 RHYT-SM-REC Rhythm - (With Recycled Surface Mount Kit)$1,942 RHYT-SM-STL Rhythm - (With Steel Surface Mount Kit)$2,178 Serenade 15 note metallophone/chimes, powder coated aluminum chimes, resonated, 6 page song book, 2 mallets SRND-IG-REC Serenade - (With Recycled Inground Mount Kit)$4,675 SRND-IG-STL Serenade - (With Steel Inground Mount Kit)$5,343 SRND-PM-REC Serenade - (With Recycled Portable Mount Kit)$4,982 SRND-PM-STL Serenade - (With Steel Portable Mount Kit)$5,650 SRND-SM-REC Serenade - (With Recycled Surface Mount Kit)$4,871 SRND-SM-STL Serenade - (With Steel Surface Mount Kit)$5,343 SRND-SHEET-PKG-1 Serenade - Additional Song Package 1 $191 Swirl 26 note anodized aluminum chimes, resonated, 2 mallets SWRL-IG-REC Swirl - (With Recycled Inground Mount Kit)$5,842 SWRL-IG-STL Swirl - (With Steel Inground Mount Kit)$6,733 SWRL-SM-STL Swirl - (With Steel Surface Mount Kit)$6,733 Tuned Drums 5 LLDPE green drums with colored caps (rainbow or all taupe) TD-IG-N Tuned Drums - (Normal Height - With In Ground Mount Kit)$3,327 TD-IG-T Tuned Drums - (Toddler Height - With In Ground Mount Kit)$3,327 TD-PM-N Tuned Drums - (Normal Height - With Portable Mount Kit)$4,440 TD-PM-T Tuned Drums - (Toddler Height - With Portable Mount Kit)$4,440 TD-SM-N Tuned Drums - (Normal Height - With Surface Mount Kit)$3,732 TD-SM-T Tuned Drums - (Toddler Height - With Surface Mount Kit)$3,732 Tenor Tree 12 notes, green anodized aluminum bells, 3 mallets TREE-IG Tenor Tree – (With Inground Mount Kit)$4,880 TREE-SM Tenor Tree – (With Surface Mount Kit)$4,769 TREE-PM Tenor Tree – (With Portable Mount Kit)$4,993 Yantzee 10 note bass metallophone, anodized aluminum bars, resonated, 2 mallets YANZ-IG-REC Yantzee - (With Recycled Inground Mount Kit)$4,452 YANZ-IG-STL Yantzee - (With Steel Inground Mount Kit)$5,120 YANZ-PM-REC Yantzee - (With Recycled Portable Mount Kit)$4,760 YANZ-PM-STL Yantzee - (With Steel Portable Mount Kit)$5,428 YANZ-SM-REC Yantzee - (With Recycled Surface Mount Kit)$4,649 YANZ-SM-STL Yantzee - (With Steel Surface Mount Kit)$5,120 Released 11.15.19 Exhibit D- Freenotes Harmony Park’s Price List 2020 Price List - Ensembles PART #DESCRIPTION 2020 MSRP SAVINGS! Botanical Includes: Tenor Tree, Lilypad Cymbals (green anodized), and all four Flowers Freenotes Botanical Ensemble IG Freenotes Botanical Inground Ensemble Collection $11,660 $1,001 Freenotes Botanical Ensemble PM Freenotes Botanical Portable Mount Ensemble Collection $12,100 $1,321 Freenotes Botanical Ensemble SM Freenotes Botanical Surface Mount Ensemble Collection $11,109 $1,121 Butterflies (set of 4) NEW!Includes: Indigo, Orange, Turquoise, and Yellow Butterflies Freenotes Butterflies Ensemble IG Freenotes Butterflies Inground Ensemble Collection $3,722 $414 Freenotes Butterflies Ensemble PM Freenotes Butterflies Portable Mount Ensemble Collection $4,082 $454 Freenotes Butterflies Ensemble SM Freenotes Butterflies Surface Mount Ensemble Collection $3,299 $397 Deluxe Includes: Swirl, Imbarimba, Yantzee, and Tuned Drums Freenotes Deluxe Ensemble IG-REC Freenotes Deluxe Recycled Inground Ensemble Collection $16,456 $2,005 Freenotes Deluxe Ensemble IG-STL Freenotes Deluxe Steel Inground Ensemble Collection $18,682 $2,006 Freenotes Deluxe Ensemble SM-REC Freenotes Deluxe Recycled Surface Mount Ensemble Collection $18,142 $2,009 Freenotes Deluxe Ensemble SM-STL Freenotes Deluxe Steel Surface Mount Ensemble Collection $19,087 $2,006 Flowers (set of 4)Includes: Indigo, Orange, Turquoise, and Yellow Flowers Freenotes Flowers Ensemble IG Freenotes Flowers Inground Ensemble Collection $4,108 $508 Freenotes Flowers Ensemble PM Freenotes Flowers Portable Mount Ensemble Collection $4,482 $554 Freenotes Flowers Ensemble SM Freenotes Flowers Surface Mount Ensemble Collection $3,699 $497 Premium Includes: Contrabass Chimes, Swirl, Imbarimba, Pegasus, and Tuned Drums Freenotes Premium Ensemble IG-REC Freenotes Premium Recycled Inground Ensemble Collection $21,904 $2,677 Freenotes Premium Ensemble IG-STL Freenotes Premium Steel Inground Ensemble Collection $24,130 $2,677 Freenotes Premium Ensemble SM-REC Freenotes Premium Recycled Surface Mount Ensemble Collection $25,516 $2,675 Freenotes Premium Ensemble SM-STL Freenotes Premium Steel Surface Mount Ensemble Collection $26,459 $2,675 Sculptural Includes: Contrabass Chimes, Aria, Harp, Manta Ray, Lilypad Cymbals (clear anodized), and Pagoda Bells Freenotes Sculptural Ensemble IG-STL Freenotes Sculptural Steel Inground Ensemble Collection $22,680 $2,298 Freenotes Sculptural Ensemble SM-STL Freenotes Sculptural Steel Surface Mount Ensemble Collection $24,641 $2,259 Starter Includes: Duet, Yantzee, and Tuned Drums Freenotes Starter Ensemble IG-REC Freenotes Starter Recycled Inground Ensemble Collection $10,517 $1,113 Freenotes Starter Ensemble IG-STL Freenotes Starter Steel Inground Ensemble Collection $11,964 $1,002 Freenotes Starter Ensemble SM-REC Freenotes Starter Recycled Surface Mount Ensemble Collection $11,421 $1,008 Freenotes Starter Ensemble SM-STL Freenotes Starter Steel Surface Mount Ensemble Collection $12,369 $1,002 Weenotes Includes: Merry, Piper, and Griffin Freenotes Weenotes Ensemble IG-REC Freenotes Weenotes Recycled Inground Ensemble Collection $8,036 $724 Freenotes Weenotes Ensemble IG-STL Freenotes Weenotes Inground Steel Ensemble Collection $10,283 $703 Freenotes Weenotes Ensemble PM-REC Freenotes Weenotes Recycled Portable Mount Ensemble Collection $9,014 $667 Freenotes Weenotes Ensemble PM-STL Freenotes Weenotes Portable Mount Steel Ensemble Collection $11,281 $627 Freenotes Weenotes Ensemble SM-REC Freenotes Weenotes Recycled Surface Mount Ensemble Collection $8,629 $719 Freenotes Weenotes Ensemble SM-STL Freenotes Weenotes Surface Mount Steel Ensemble Collection $10,283 $703 Released 11.15.19 Exhibit D- Freenotes Harmony Park’s Price List 2020 Price List - Add-ons PART #DESCRIPTION 2020 MSRP Standard Mallets RPLC-MA-70BLU-30 Standard Mallet, Blue 70A w/30" Cable and Hardware (19" Finished Cable Length)$85 For: Yantzee RPLC-MA-70GRY-38 Contrabass Chimes Mallet, Grey 70A w/38" Cable and Hardware (27" Finished Cable Length)$96 For: Contrabass Chimes RPLC-MA-80BLK-22 Standard Mallet, Black 80A w/22" Cable and Hardware (11" Finished Cable Length)$85 For: Turquoise Flower, Orange Flower RPLC-MA-80BLK-26 Standard Mallet, Black 80A w/26" Cable and Hardware (15" Finished Cable Length)$85 For: Indigo Flower, Yellow Flower RPLC-MA-80BLK-30 Standard Mallet, Black 80A w/30" Cable and Hardware (19" Finished Cable Length)$85 For: Aria, Turquoise Butterfly, Yellow Butterfly, Cadence, Duet, Griffin, Imbarimba, Lilypad Cymbals, Melody, Merry, Pegasus, Piper, Rhythm RPLC-MA-80BLK-33 Standard Mallet, Black 80A w/33" Cable and Hardware (22" Finished Cable Length)$85 For: Indigo Butterfly, Orange Butterfly, Harp, Pagoda Bells RPLC-MA-80BLK-38 Standard Mallet, Black 80A w/38" Cable and Hardware (27" Finished Cable Length)$85 For: Swirl, Tenor Tree RPLC-MA-90GRY-30 Standard Mallet, Grey 90A w/30" Cable and Hardware (19" Finished Cable Length)$85 For: Serenade RPLC-MA-90GRY-72DB Standard Mallet, Grey 90A (DOUBLE) w/72" Cable and Hardware (27" Finished Cable Lengths) $159 For: Manta Ray Inclusive Mallets RPLC-MA-70INC-30 Inclusive Mallet, Blue 70A w/30" Cable and Hardware (19" Finished Cable Length)$96 For: Yantzee RPLC-MA-80INC-22 Inclusive Mallet, Black 80A w/22" Cable and Hardware (11" Finished Cable Length)$96 For: Turquoise Flower, Orange Flower RPLC-MA-80INC-26 Inclusive Mallet, Black 80A w/26" Cable and Hardware (15" Finished Cable Length)$96 For: Indigo Flower, Yellow Flower RPLC-MA-80INC-30 Inclusive Mallet, Black 80A w/30" Cable and Hardware (19" Finished Cable Length)$96 For: Aria, Turquoise Butterfly, Yellow Butterfly, Cadence, Duet, Griffin, Imbarimba, Lilypad Cymbals, Melody, Merry, Pegasus, Piper, Rhythm RPLC-MA-80INC-33 Inclusive Mallet, Black 80A w/33" Cable and Hardware (22" Finished Cable Length)$96 For: Indigo Butterfly, Orange Butterfly, Harp, Pagoda Bells RPLC-MA-80INC-38 Inclusive Mallet, Black 80A w/38" Cable and Hardware (27" Finished Cable Length)$96 For: Swirl, Tenor Tree RPLC-MA-90INC-30 Inclusive Mallet, Grey 90A w/30" Cable and Hardware (19" Finished Cable Length)$96 For: Serenade RPLC-MA-90INC-72DB Inclusive Mallet, Grey 90A (DOUBLE) w/72" Cable and Hardware (27" Finished Cable Lengths) $170 For: Manta Ray Mallet Holders For use on Instruments with square recycled or steel posts only MLT-HOLD-ASSM-2 Mallet Holder (Double)$43 MLT-HOLD-ASSM-3 Mallet Holder (Triple)$64 MLT-HOLD-ASSM-4 Mallet Holder (Quadruple)$85 For general questions or custom solutions not shown on this price list contact info@freenotesharmonypark.com Freight costs are valid for Continential US. Please contact for international freight rates. Please contact us for a quote at quotes@freenotesharmonypark.com Orders can be submitted to orders@freenotesharmonypark.com 833-262-1569 Released 11.15.19 Exhibit D- Freenotes Harmony Park’s Pice List _________________________________________________________________________ 970-748-4065 ddempsey@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Danita Dempsey, CASE Manager RE: Summer “Un-Events” Update DATE: May 20, 2020 SUMMARY: This is submitted as a written report and no action by Council is requested. The report provides an update on Avon’s special events program regarding cancelations and rescheduled events. Also, a broad view of event adjustments in our peer communities is provided. Staff is developing other “un- events” designed to (1) bring hope and healing to our community during difficult times; and, (2) create vibrant community connections during a time when large gathers are not possible. The un -events expense is adequately covered in the 2020 adopted budget with savings from event cancellations and the reduced scope of AvonLIVE!, resulting in $104,500 savings to the budget. BACKGROUND: There have been many events locally and regionally which have been rescheduled and/or cancelled in recent weeks. In summary, the events which have been cancelled or rescheduled are: 1. Cancelations: a. Egg Hunt b. Salute to the USA c. Pose & Paddle Battle d. Vail Valley BrewFest in Avon e. Triple Bypass f. Dancing in the Park g. Flynn Creek Circus h. Summer’s End Party 2. Rescheduled: a. Vail Lacrosse Tournament – moved from June 16-18 to July 27-29; requesting open dates into September b. Possibilities in Avon: Weekly Art Expo – move to mid-August through early September c. Avon Arts Celebration – moved from July 24-26 to September 11-13 Staff is proceeding with AvonLIVE! beginning in mid-June through the end of August; and, SunsetLIVE! which is a 10-12-week series on Sunday’s in the late afternoon June through September. Staff anticipates a manageable crowd size which complies with PHO, uncomplicated execution and a low cost of production. Additionally, XTERRA hopes to take place in mid-July and believes they can follow Public Health Order (“PHO”) accordingly however, the decision regarding allowing / permitting XTERRA needs to be made in partnership with Beaver Creek Resort Company (“BCRC”) since they host the finish which has many more attendees than the swim start. We have been working with BCRC and have a status call planned for May 27th. Furthermore, both Vail Dance Festival and Bravo! Music Festival have reached out regarding the desire to work together on a smaller activation this summer. Staff will provide updates as needed. _________________________________________________________________________ 970-748-4065 ddempsey@avon.org The attached Exhibit A – Avon Events Calendar, provides an update on Avon events as of the date of this report. REGIONAL SPECIAL EVENTS UPDATE: Staff has been tracking special events in our peer communities; Exhibit B provides a snapshot of some of these communities and the event adjustments. UN-EVENTS: Staff is working on several small community focused activations (“un-events”), temporary short-term (30-90 days) art installations and micro-activations and permanent art installations to include but not limited to the following: 1. Lakeside Cinema and/or Drive In Movies a. Lakeside Cinema - Family friendly movies in Nottingham Park from the stage featuring a 26’ inflatable movie screen, professional sound system and current releases, classics and/or animation films. Free to the public on up to eight Friday nights beginning July 10 th through August 28th. b. Drive In Movies – Staff has been in touch with BCRC regarding use of Elk or Bear Lots for Drive In Movie series. BCRC is taking the idea to their Board of Directors to determine interest. Other ideas include Virtual Scavenger Hunt, Storytelling, Poetry Slam, Silent Disco, Fall Auto Show, Pick -n- Paddle, Zombie Fun Run, etc. Staff will provide updates as the ideas come together. 2. Temporary Short-Term Art Installations & Micro-Activations a. Prayer Flag Project - Developed by local art teacher, Heidi Cofelice and supported by the Town with display space in the Main Street Mall (“MSM”) and promotion through Town social channels. Individuals create Prayer Flags with messages and mantras of inspiration, hope and peace to infuse strength into the community. b. Faces on Trees – Staff is working with the Vail Valley Art Guild (“VVAG”) to identify a local artist to craft eyes, nose, mouth, etc. creating a face which is then placed on selected trees on the MSM and Nottingham Park. This is a great opportunity for surprise and delight! c. Laser Images – Staff is developing a program with Mountain Man Productions to provide images and words of inspiration, peace and patriotism. The images would be broadcast on Friday and Saturday nights between 8:00 and 10:00 p.m. between mid -June and mid- July. d. Before I Die Wall – A creation and movement by artist Candy Chang. Each wall is created by residents who want to make a space in their community to restore perspective and share more with one another. Each response represents an individual’s unique desires and values, and each wall offers a snapshot of our shared anxieties and hopes, our collective joys and struggles. The installations and activations listed above as well as others are detailed in the attached Exhibits C and D. 3. Permanent Short- & Long-Term Art Installations _________________________________________________________________________ 970-748-4065 ddempsey@avon.org a. Playable Music Instruments – see item 6.3.1 on Council Agenda b. Decorating Park Benches – Staff worked with the VVAG to identify a local artist to decorate up to six park benches to be placed strategically in high-visual locations such Avon Road and bus stops. The installations listed above as well as others are detailed on the attached Exhibits E and F. FINANCIAL CONSIDERATIONS: With the cancelation Beaver Creek Rodeo, Triple Bypass, Dancing in the Park and reduction of additional infusion to the AvonLIVE! talent spend; there is $104,500 remaining in the 2020 approved budget for the above outlined activations. 1. Beaver Creek Rodeo = $10,000 2. Triple Bypass = $4,500 3. Dancing in the Paid = $60,000 4. AvonLIVE! = $30,000 5. Total = $104,500 Thank you, Danita ATTACHMENTS Exhibit A – Avon Events Calendar Update Exhibit B – Regional Events Update Exhibit C – Temporary Short Term Exhibit D – Faces on Trees Example Exhibit E – Permanent Short & Long Term Exhibit F – Park Benches Example Event Name / Date Canceled Events Cystic Fibrosis Walk Polar Plunge Pavilion Terrace Salute to the USA Pose and Paddle Proposed Field Maintenance Vail Valley BrewFest Flynn Creek Circus S M T W T F S Summers End Party 1 2 3 4 Egg Hunt 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Town Clean Up 11 31 S M T W T F S EXHIBIT A 2020 Avon Calendar of Events MAY APRIL Key / Legend MSM: Main Street Mall Nottingham Park - Main Athletic Field Non Funded Event JUNE 1 2 3 4 5 6 7 8 9 10 11 12 13 SunsetLIVE! 7 14 15 16 17 18 19 20 SunsetLIVE! 14; Avon Live! 17 Lacrosse postponed to July 21 22 23 24 25 26 27 SunsetLIVE! 21; Home for Hounds Install 23; Avon Live! 24 Weekly Art Expo postponed to Aug. - Sept. 28 29 30 SunsetLIVE! 28 S M T W T F S 1 2 3 4 Salute to the USA 3 5 6 7 8 9 10 11 Avon Live! 8 Triple Bypass 11 12 13 14 15 16 17 18 SunsetLIVE! 12; Avon Live! 15; X-Terra 17-18; Colorado Disc Dogs 18 (lower) 19 20 21 22 23 24 25 SunsetLIVE! 19; Avon Live! 22 Avon Arts Celebration postponed to Sept. 26 27 28 29 30 31 SunsetLIVE! 26; Lacrosse 27-29; Avon Live! 29 S M T W T F S 1 2 3 4 5 6 7 8 SunsetLIVE! 2; Avon Live! 5 Dancing in the Park 3, 6 9 10 11 12 13 14 15 SunsetLIVE! 9; Weekly Art Expo 12 Pose and Paddle Battle 8 16 17 18 19 20 21 22 SunsetLIVE! 16; Avon Live! 19; Weekly Art Expo 19; Vail Valley BrewFest 8 23 24 25 26 27 28 29 SunsetLIVE! 23; Avon Live! 26; Weekly Art Expo 26; Colorado Classic 28 Flynn Creek Circus (13-16) 30 31 SunsetLIVE! 30 Summer's End Party 29 S M T W T F S 1 2 3 4 5 Weekly Art Expo 2 6 7 8 9 10 11 12 Avon Art Festival 5,6; Weekly Art Expo 9; Avon Arts Celebration 11-13 13 14 15 16 17 18 19 Speak Up 16; Community Picnic 17 20 21 22 23 24 25 26 27 28 29 30 S M T W T F S 1 2 3 VVSC 3-4; Fall Fest 3 4 5 6 7 8 9 10 Man of the Cliff 9-11 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 JULY AUGUST SEPTEMBER OCTOBER Event Date Cancellation MESSAGE POSTED ON WEBSITE: While we’re hopeful about reopening our mountain operations this summer, it is too early to announce specific opening dates or activities. We’re closely monitoring the situation with COVID-19 and will continue to follow the guidance of public health officials to determine when it’s safe to resume operations. Blues, Brews, and BBQ 5/24 CANCELLED Beaver Creek Rodeo June - Aug.CANCELLED ALL EVENTS REMOVED FROM WEBSITE Event Date Cancellation VPAC's CANCELLED THROUGH AUG. Ghostlight Sessions (streamling live shows)7-May Added after COVID-19 to increase activation Event Date Cancellation Go Pro Games 8/20-8/23 RESCHEDULED Hot Summer Nights TBD CANCELLED until June 30th Michael Franti 6/7/2020 RESCHEDULED June 2021 Vail Dance Festival 7/31-8/11 CANCELLED Dark Star Orch.7/3 CANCELLED Event Date Cancellation Taste of Vail April CANCELLED Pink Vail 27-Mar CANCELLED Vail Craft Beer Festival 6/26-6/28 RESCHEDULED Aug. 14 - 15 Bravo! Music Festival 6/25-8/6 CANCELLED Vail Bluegrass 6/26-7/22 DOWNSIZED TO ONE SHOW 7/22 Vail Arts Festival 6/26-6/28 RESCHEDULE Aug. 28 - 30 Event Date Cancellation Bonfire Block Party 8/28-8/30 RESCHEDULED from June dates Eagle Flight Days 6/26 No information about COVID-19 Eagle Outside Festival 8/28 No information about COVID-19 Event Date Cancellation Town Clean-up Day 5/16 POSTPONED, Fall date TBD Gypsum Days 7/16-7/18 CANCELLED 4th of July Celebration with Town of Eagle 7/4 not cancelled/scheduled Event Date Cancellation Gold Panning Championships 6/19-6/21 CANCELLED Hogfest Bacon and Bourbon 8/28-8/30 CANCELLED Gypsum Vail Exhibit B - Regional Events Update Breckenridge Beaver Creek Vail Valley Foundation Vilar Eagle Page 1 Strings, Beers, and Ciders 9/25-9/27 CANCELLED Event Date Cancellation First Fridays April-May some virtual Country Western Dance April/May CANCELLED Free Concerts 6/13-9/12 TBD Event Date Cancellation WEEN 6/26-6/27 Rescheduled 2021 Dark Star 7/2 CANCELLED String Cheese 7/14-7/15 CANCELLED Free Concerts 6/13-9/12 TBD Event Date Cancellation Bacon and Burboun Festival 6/27-6/28 CANCELLED Event Date Cancellation Kids Egg Hunt 4/12 CANCELLED Concerts in the Park Thurs Jun-Sep TBD Event Date Cancellation POSTED ON WEBSTIES: Due to COVID-19, several events are being postponed at the moment. To be informed of future events that will be occurring in Steamboat Springs, please sign up for our e-newsletter. No specific cancellations listed on website at this time Event Date Cancellation Summer Words Writers Conferences 6/21 MOVED TO VIRTUAL EVENT Food & Wine Classic 6/19-6/21 CANCELLED, rescheduled for 2021 JAS Aspen 6/24 CANCELLED Aspen Ideas 6/26 CANCELLED Jas Labor Day Not currently cancelled, no line-up announced Event Date Cancellation Mountainfilm May 15-25 MOVED TO VIRTUAL EVENT Bluegrass Festival 6/18-6/21 CANCELLED Yoga Festival 6/24-6/27 CANCELLED July 4th CANCELLED RIDE Festival 7/10-7/12 CANCELLED Telluride Film Festival Pending Telluride Jazz Pending Aspen Telluride Dillion Steamboat Silverthorne Keystone Frisco Page 2 Blues and Brews 9/18-9/20 Not cancelled, but cancellation likely according to event organizers Event Date Cancellation All events are listed as if they are occuring. Sent emails to event organizers. Will update when I hear back. Seven Peaks Music Festival 9/4-9/7 Not cancelled, no COVID-19 information on website Event Date Cancellation FIBark 6/18-6/21 CANCELLED Jazz Festival 8/8-8/9 Nothing mentioned yet; line-up not announced ALL JUNE EVENTS WIPED FROM CALENDAR ALL JULY EVENTS WIPED FROM CALENDAR ALL AUGUST EVENTS WIPED FROM CALENDAR (exception of private wedding) Event Date Cancellation Red Rocks N/A CLOSED UNTIL FURTHER NOTICE Cherry Creek Arts Festival 7/3-7/5 CANCELLED Frontrange Festivals Buena Vista "All events are subject to cancellation or rescheduling" -BV website Salida Page 3 Month Idea Artist, if applicable Estimated Cost Installation Location Target Installation Dates Removal Dates Description / Notes Links May Avon Elementary School Art Project Grade K - 5 $1,600 Ad space in Vail Daily 21-May N/A AES students create art on 8.5" x 11" relating what they have been doing during stay at home order and messages of hope; collage ad displaying art in VD N/A May Prayer Flag Project Heidi Cofelice $ - MSM - Lettuce Shed Lane End of May End of Sept. Developed by a local art teacher and supported by Avon with display space and promotion. Prayer Flags send messages and mantra of inspriation, hope, peace and strength into the community.https://www.projectseedling.com/ June Public Chalk Art in P. Plaza / MSM TOA Events Dept.$100.00 P. Plaza Late May Mid-July Placing side walk chalk in the MSM to encourage and inspire creativity N/A June Faces on Trees VVAG or TOA TBD MSM, Park, 6-12 trees End of May - End of June N/A Surprise and delight with face designs on trees See photo June Giant Adriondack Chairs TOA Events Dept.TBD North side of stage near lake and Beach End of June TBD Oversized chairs creating photo and social opportunities https://www.fotospot.com/attractions/california/giant- adirondack-chairs June - July Homes for Hounds*CMNM Project $18,000*MSM 23-Jun 23-Jul Local organization build dog houses which are auctioned to raise funds for non profits;13-15 houses on display in MSM www.homeforhounds.org June - July Laser Image on Mtn. (North side of I-70) Mountain Man Productions $1,000/ week North Side of I-70; Mountain face Mid-June OR July 3rd N/A Two per week for four weeks; Fri. and/or Sat. nights 8:00 to 10:00 p.m. Lazer images/words of inspiriation, peace, patriotism, etc.N/A June - July Before I Die Wall Candy Chang Donation Based / Materials Cost Beach and/or Lettuce Shed Lane and/or Stage?Mid-June Mid-July Each wall is created by local residents who want to make a space in their community to restore perspective and share more with one another. Each wall is a tribute to living an examined life. http://candychang.com/work/before-i-die-in-nola/ ; https://beforeidieproject.com/ August Chalk Artist Design VVAG TBD Possibilities Plaza, Lettuce Shed Lane, other?August TBD Larger scale chalk design https://www.larimerarts.org/ *In 2020 Budget https://beforeidieproject.com/participate January Ice Sculptures Scott Rella; Fear No Ice TBD MSM, Lettuce Shed Lane Janaury 2021 TBD Outreach to artist https://fearnoice.com/giant-sculptures.html Spring Tree Branch Designs Karl Krueger Commissioned Pending Pending TBD Discussion with artist in progress https://www.karlkruegerarchitect.com/#/sticksculpture/ Summer Chess on the Plaza TOA Event Dept.$1,000 TBD TBD TBD https://www.chesshouse.com/products/25-giant-chess-set-mat- combo Summer Recycled Art Project Collaboration: WM, VVAG TBD TBD TBD TBD https://www.3blmedia.com/News/New-Student-Art-Installation- Encouraging-Recycling-Unveiled-Grand-Teton-National-Park- Thanks Summer Chalk Art Competition / Display Temporary Short Term: Next 30-90 Days Temporary Short Term: Winter/Summer 2021 Exhibit C Month Idea Artist, if applicable Estimated Cost Installation Location Target Installation Dates Removal Dates Description / Notes Links August Playable Music Instruments VVAG / Local Artist $20,000* Between Rec. Center & Library and/or Fitcourt Location Early July to Sept. Permenant Report to Council May 26 July - August Decorating Benches in Town VVAG / Local Artist Pending 1.) RAB#4 @ US Bank / Avon Rd.; 2.) Bus Stop @ Christy Sports / E. Benchmark; 3.) Bus Stop 2 Pier One / Beaver Creek Place; 4.) RAB#3 @ FirstBank / Avon Road; 5.) Between Rec. Center / Library Early to Mid July Permenant Spoke with and emailed VVAG; pending follow up conversation See photos *In 2020 Budget https://beforeidieproject.com/participate Mosiac Tiles Kasia Polkowska Commissioned TBD, Avon Road, Nottingham Park Entrance, MSM, etc TBD TBD Colorado local artist https://kasiamosaicspublicart.blogspot.com/ Decorating Light Ballards in Town VVAG Permanent Short Term: Next 60-90 Days Permanent Long Term: 2021 - 2025 1 Example Nottingham Park @ Log Cabin MSM @ Town Hall Faces on Trees Exhibit D Month Idea Artist, if applicable Estimated Cost Installation Location Target Installation Dates Removal Dates Description / Notes Links August Playable Music Instruments VVAG / Local Artist $20,000* Between Rec. Center & Library and/or Fitcourt Location Early July to Sept. Permenant Report to Council May 26 July - August Decorating Benches in Town VVAG / Local Artist Pending 1.) RAB#4 @ US Bank / Avon Rd.; 2.) Bus Stop @ Christy Sports / E. Benchmark; 3.) Bus Stop 2 Pier One / Beaver Creek Place; 4.) RAB#3 @ FirstBank / Avon Road; 5.) Between Rec. Center / Library Mid to late July Permenant Spoke with local artist Tara Novak who is preparing a proposal to include creative ideas, cost and timeline for completion See photos *In 2020 Budget https://beforeidieproject.com/participate Mosiac Tiles Kasia Polkowska Commissioned TBD, Avon Road, Nottingham Park Entrance, MSM, etc TBD TBD Colorado local artist https://kasiamosaicspublicart.blogspot.com/ Decorating Light Ballards in Town VVAG Permanent Short Term: Next 60-90 Days Permanent Long Term: 2021 - 2025 Exhibit E 1 Example RAB# 3 - First Bank / Avon Road Bus Stop @ Pier One / Beaver Creek Place Bus Stop @ Christy Sports / E. Benchmark Bench Locations Exhibit F 1 Between Rec. Center & Library RAB# 4 - US Bank / Avon Road 2 PLANNING AND ZONING COMMISSION MEETING ABSTRACT TUESDAY, MAY 19, 2020 VIRTUAL MEETING 1. CALL TO ORDER AND ROLL CALL Chairperson Lindsay Hardy called the regular meeting to order at 5:03 p.m. A roll call was taken, and Planning Commission members present were Rebecca Smith, Jared Barnes, Steve Nusbaum, Sara Lanious and Donna Lang. Also present were Town Planner David McWilliams, Planning Director Matt Pielsticker, and Town Manager Eric Heil. 2. SWEARING IN OF NEW COMMISSIONERS (TOWN CLERK BRENDA TORRES) Sara Lanious and Donna Lang were sworn in as new Commissioners. 3. APPROVAL OF AGENDA Commissioner Hardy motioned to approve a modified agenda as outlined below. Commissioner Smith seconded the motion and it carried unanimously 6-0. 4. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Commissioners Hardy and Smith noted a conflict with item 7. Commissioner Barnes motioned to approve the conflict. Commissioner Nusbaum seconded the motion and it carried unanimously 4-0. 5. BUSINESS ITEMS 5.1. MNR20015 & AEC20005 MINOR DESIGN PLAN AND ALTERNATIVE EQUIVALENT COMPLIANCE FOR A FENCE PROJECT ON LOT 9 WILDRIDGE ACRES - 2825 KED SPUR (KELLY AND TIM DRESCHER & TOWN PLANNER DAVID MCWILLIAMS) CONTINUED PUBLIC HEARING FROM MAY 5 Public Comment: None Action: Commissioner Nusbaum motioned to table the item. Commissioner Barnes seconded the motion and it carried unanimously 6-0. 5.2. MNR20010 & AEC20003 MINOR DESIGN PLAN AND ALTERNATIVE EQUIVALENT COMPLIANCE FOR A FENCE PROJECT ON LOT 86 W BLOCK 4 WILDRIDGE SUBDIVISION - 5749 WILDRIDGE ROAD EAST UNIT W (DANA MACIK & TOWN PLANNER DAVID MCWILLIAMS) PUBLIC HEARING Public Comment: None Action: Commissioner Barnes motioned to approve AEC20003 with the following findings: 1. The proposed application was reviewed pursuant to §7.16.120, Alternative Equivalent Compliance; 2. The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard; 3. The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard; 4. The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard; 5. The proposed alternative does not impose greater impacts on adjacent properties than would occur through compliance with the specific requirements of the Code; and 6. The size, location, and fence type all align with the Code, making the addition of mesh screening less impactful. Commissioner Lang seconded the motion and it carried 4-2, with Commissioners Nusbaum and Hardy voting in opposition. Action: Commissioner Barnes motioned to approve MNR20010 with the following findings and condition: FINDINGS: 1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), Design Review. The design meets the development and design standards established n the Avon Development Code; 2. The application is complete; 3. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; 5. There are no additional demands for public services or infrastructure by the application; and 6. The design relates the development to the character of the surrounding community. CONDITION: 1. At no point shall the fence be more than four (4) feet in height as measured from the ground directly below it. Commissioner Lang seconded the motion and it carried 4-2, with Commissioners Nusbaum and Hardy voting in opposition. 5.3. MNR20019 MINOR DESIGN PLAN FOR PORTALET SCREENING ON TRACT G BLOCK 2 BENCHMARK AT BEAVER CREEK NOTTINGHAM PARK (TOWN PLANNER DAVID MCWILLIAMS) PUBLIC HEARING Public Comment: None Action: Commissioner Nusbaum motioned to continue the item to June 2 pending additional information. Commissioner Barnes seconded the motion and it carried unanimously 6-0. 5.4. CONSENT AGENDA APPROVAL OF MAY 5, 2020 MEETING MINUTES Action: Commissioner Barnes motioned to approve the Consent Agenda. Commissioner Nusbaum seconded the motion and it carried unanimously 4-0, with Commissioners Lang and Lanious abstaining. 6. STAFF UPDATES Staff mentioned various planning related activities, the continued opening for a Commissioner, and the election of a PZC Chair and Vice-Chair. 7. BUSINESS ITEMS CONTINUED MNR20018 MINOR DESIGN PLAN FOR IMPROVEMENTS ON TRACT G BLOCK 2 BENCHMARK AT BEAVER CREEK – WEST NOTTINGHAM PARK (TOWN PLANNER DAVID MCWILLIAMS & PEDRO CAMPOS) PUBLIC HEARING Public Comment: None Action: Commissioner Nusbaum motioned to approve the item with the following findings and conditions: FINDINGS: 1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), Design Review. The design meets the development and design standards established in the Avon Development Code; 2. The application is complete; 2. The application provides sufficient information to allow the PZC to determine that the application complieswith the relevant review criteria; 3. The application complies with the goals and policies of the Avon Comprehensive Plan; 4. There are no additional demands for public services or infrastructure by the application; and 5. The design relates the development to the character of the surrounding community and the rest of Nottingham Park. CONDITIONS: 1. The applicant shall study options moving the picnic benches to allow six (6) feet of distance between them; and 2. Staff shall study the area to the north of the field for a dog area. Commissioner Barnes seconded the motion and it carried unanimously 4-0. 8. ADJOURN There being no further business before the Commission, Commissioner Barnes adjourned the meeting. The time was 7:35 p.m. These meeting minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office. RESPECTFULLY SUBMITTED: David McWilliams, Town Planner APPROVED: Lindsay Hardy, Chairperson __________________________________ FISCAL YEAR 2020 FINANCIAL REPORT May 26, 2020 ______________________________________________________________________________________ 1. Financial Report Cover Memo 2. Sales and Accommodations Tax Reports – March 3. Accommodations Tax Report – March 4. Cigarette & Tobacco Tax – March 5. Real Estate Transfer Tax Report and Monthly Detail – March 6. Recreation Center Admissions – March 7. Recreation Center Program Fees - March 8. General Fund Year-To-Date Expenditures - March 9. Fleet Maintenance Fund Year-To Date Expenditures - March 10. Mobility Fund Year-To Date Expenditures - March TOWN COUNCIL REPORT To: Honorable Mayor Sarah Smith Hymes and Avon Town Council From: Nelly Burns, Senior Accountant Meeting Date: May 26, 2020 Agenda Topic: Fiscal Year 2020 Financial Report – March data SUMMARY Revenues SALES TAX Sales tax revenue for the month of March totaled $872,309.26, a 22.85% decrease from the previous year and a 17.15% negative variance over the cumulative monthly budgets, which is based on the average of the relative monthly percentages of taxes collected over a 5-year period. Monthly sales tax collections by industry compared to one year ago have increased $99,328 for Other businesses. However, monthly sales tax collections have decreased $33,984 for Home/Garden, $7,520 for Grocery-Specialty- Health, $7,742 for Liquor Stores, $62,492 for Sporting Goods Retail-Rental, $32,006 for Miscellaneous Retail, $119,841 for Accommodations, $85,362 for Restaurants-Bars, and $8,561 for Service-Related businesses. Year-to-date sales tax revenues through March have decreased 8.14% over the previous year, which is $224,628.29 under the previous year and $180,535.91 under the original budget estimates. - 50,000.00 100,000.00 150,000.00 200,000.00 250,000.00 300,000.00 Sales Tax Comparison by Industry Mar-20 Mar-19 New and Renewed Business, Contractor & Sales Tax Licenses Issued in March Business License - Fixed Location 24 Business License - Home Occupation 3 Business License - Short Term Accommodation 12 Business License – Special Event 0 Business License - Vendor 43 Contractor License 15 Liquor License 1 Sales Tax License 12 Grand Total 110 ACCOMMODATIONS TAX Accommodations tax revenue for month of March totaled $128,344.90, a 48.03% decrease from the previous year and a 46.13% negative variance from the cumulative monthly budgets, which is based on the average of the relative monthly percentages of taxes collected over a 5-year period. Monthly accommodations tax collections decreased $30,026.99 for time shares $75,994.92 for hotels and $12,908.56 for vacation rentals compared to March 2019. Year-to-date accommodations tax revenues through March have decreased 17.58% over the previous year, which is $952,753.31 under the previous year and $120,992.12 under the original budget estimates. - 20,000.00 40,000.00 60,000.00 80,000.00 100,000.00 120,000.00 140,000.00 Time Shares Hotels Vacation Rentals Accommodation Tax by Type Mar-19 Mar-20 CIGARETTE AND TOBACCO TAX Tobacco Tax (40% rate) revenue for the month of March totaled $12,613.44 a 59.77% increase from the previous year. Year-to-date tobacco tax revenues through March have increased 9.34% over the previous year and show a positive variance of 6.01% under the original budget estimates. Cigarette Tax revenue for month of March totaled $16,659.00, a decrease of 27.80% from the previous year. Year-to-date cigarette tax revenues through March have decreased 4.07% under the previous year and show a negative variance of 18.64% under the original budget estimates. REAL ESTATE TRANSFER TAX Real estate transfer tax collections for the month of March totaled $113,350, a decrease of 37.31% from the previous year and a negative variance of 35.07% over the cumulative monthly budgets, which is based on average of the relative monthly percentages of taxes collected over a 5-year period. - 5,000.00 10,000.00 15,000.00 20,000.00 25,000.00 Tobacco Tax 40% Rate Cigarette Tax Per Pack Fee Tobacco Tax Interest Tobacco Tax Penalty Number of Packs Sold* Tobacco Tax Revenues 2019 v 2020 March Mar-19 Mar-20 Real Estate Transfer Tax (RETT) Transactions March RETT Transactions which paid 2% tax 6 RETT Exemptions for Primary Residence 1 RETT Exemptions for Full Exemption 8 Deed Restricted & Tax Exempt 0 Grand Total 15 RECREATION CENTER ADMISSIONS March admission fees totaled $34,641.33 an 56.05% decrease from the previous year. This is a 57.66% negative variance compared to the monthly budget, which is based on average of the relative monthly percentages of taxes collected over a 5-year period. $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 2016 2017 2018 2019 2020 Year Real Estate Transfer Tax for March $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,000 2016 2017 2018 2019 2020 Recreation Center Admissions March RECREATION CENTER PROGRAM FEES March program fees totaled $14,589.59 which is a 46.52% decrease from the previous year. This is a 39.77% negative variance compared to the monthly budget, which is based on average of the relative monthly percentages of taxes collected over a 5-year period. Expenditures General Fund expenditures through March 2020 total 20.97% of the total adopted budget. These expenditures include insurance premiums, computer services, events, community grants, equipment replacement, contract services, janitorial and legal services. Fleet expenditures through March 2020 total 25.63% of the total budget. These costs include expenditures of stock parts, fleet maintenance, debt service interest, and insurance premiums. Mobility funds expenditures through March 2020 total 11.13% of the total budget. These expenditures include costs of diesel, fleet maintenance, equipment replacement, capital lease payments, and insurance premiums. $- $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 2016 2017 2018 2019 2020 Recreation Center Program Fees March 2020 TOWN OF AVON SALES TAX 2020 Actual vs. Budget Budget YTD Collections Budget % of change % change 2015 2016 2017 2018 2019 2020 2020 Variance from 2019 from Budget January 765,195.68$ 743,689.78$ 792,562.03$ 825,816.08$ 819,179.33$ 850,557.74 841,459.85$ (9,097.89)$ 2.72%-1.07% February 788,999.06 774,754.00 798,923.33 785,412.03 809,165.90 852,887.87 820,617.44 (32,270.43)$ 1.42%-3.78% March 875,499.53 945,795.71 918,657.55 1,014,399.70 1,130,669.61 1,052,845.17 872,309.26 (180,535.91)$ -22.85%-17.15% April 403,560.42 438,198.18 425,727.85 394,986.15 424,685.32 449,835.05 May 353,840.11 404,872.55 394,689.30 418,628.58 422,685.32 429,911.46 June 570,424.51 693,675.00 650,794.65 757,498.52 725,840.03 732,404.65 July 601,516.82 690,342.23 682,024.81 696,374.00 755,668.37 738,373.30 August 572,647.57 593,398.26 618,515.44 639,569.12 670,351.82 666,938.78 September 595,235.68 667,949.51 690,883.92 680,720.64 841,688.74 749,268.59 October 423,701.53 451,303.71 458,645.68 490,977.90 445,742.30 489,322.10 November 438,315.55 445,336.04 435,975.05 456,409.92 514,924.82 493,759.82 December 1,159,160.45 1,247,832.82 1,183,666.21 1,264,626.23 1,460,062.64 1,361,116.47 Total 7,548,096.91$ 8,097,147.79$ 8,051,065.82$ 8,425,418.87$ 9,020,664.20$ 8,867,221$ 2,534,386.55$ (221,904.24)$ -8.14%-8.05% Actual Collections $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 2016 2017 2018 2019 2020 Year Sales Tax Collections for March 2020 TOWN OF AVON ACCOMMODATIONS TAX 2020 Actual vs. Budget Budget YTD Collections Budget % change % change 2015 2016 2017 2018 2019 2020 2020 Variance 2019 to budget January 164,361.04$ 168,424.63$ 190,207.82$ 181,588.99$ 197,879.22$ 203,657$ 188,669.38$ (14,987.38)$ -4.65%-7.36% February 175,056.31 185,370.53 194,804.88 186,147.24 203,190.38 213,159 217,069.65 3,910.54$ 6.83%1.83% March 183,650.29 217,387.54 201,008.55 206,783.36 246,969.61 238,260 128,344.90 (109,915.27)$ -48.03%-46.13% April 34,825.13 60,916.55 38,340.02 33,275.27 31,824.90 44,949 May 28,002.56 37,357.48 39,961.98 42,618.10 47,259.21 44,050 June 53,397.46 73,591.08 83,723.31 94,803.78 92,411.81 89,800 July 86,301.22 107,595.18 119,300.76 119,458.02 131,645.50 127,345 August 75,107.71 87,674.05 100,628.23 98,193.15 110,203.30 106,472 September 60,417.74 68,139.11 81,837.60 85,257.82 89,362.90 86,886 October 38,706.72 45,738.23 48,223.10 53,236.86 45,781.00 52,284 November 34,328.47 37,570.50 46,397.08 47,934.88 70,385.29 53,397 December 198,421.26 200,114.56 189,505.28 185,008.67 219,964.12 224,092 Total 1,132,575.91$ 1,289,879.44$ 1,333,938.61$ 1,334,306.14$ 1,486,877.24$ 1,484,349.00$ 534,083.93$ (120,992.12)$ -17.58%-18.47% 0.88 0.97 1.00 0.90 1.00 Actual Collections $- $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 2016 2017 2018 2019 2020 Accommodations Tax Collections for March TOWN OF AVON Tobacco Tax Revenue 2020 Actual vs. Budget Budget YTD Collections $ Change % of Change % change 2016 2017 2018 2019 2020 2020 2019 2019 to budget January - - - - 5,487.00$ 6,383.22$ 12,926.46$ 7,439.46$ 135.58%102.51% February - - - - 21,144.74 24,598.42 12,212.75 (8,931.99)$ -42.24%-50.35% March - - - - 7,894.94 9,184.46 12,613.44 4,718.50$ 59.77%37.33% April - - - - 15,416.30 17,934.33 May - - - - 4,832.53 5,621.85 June - - - - 11,088.32 12,899.43 July - - - - 13,318.93 15,494.38 August - - - - 15,381.23 17,893.53 September - - - - 12,646.85 14,712.53 October - - - - 8,458.60 9,840.19 November - - - - 9,306.56 10,826.65 December - - - - 12,559.58 14,611.00 Total -$ -$ -$ -$ 137,535.58$ 160,000.00 37,752.65$ 3,225.97$ 9.34%-6.01% Budget 21,144.74 Variance, Favorable (Unfavorable)16,607.91$ Actual Collections $0 $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 $14,000 2016 2017 2018 2019 2020 Tobacco Tax Revenue for March by Year TOWN OF AVON CIGARETTE TAX REVENUE 2020 Actual vs. Budget Budget YTD Collections $ Change % of Change % change 2015 2016 2017 2018 2019 2020 2020 2019 2019 to budget January - - - - 6,649.98$ 7,840.81$ 17,252.91$ 10,602.93$ 159.44%120.04% February - - - - 23,741.64 27,993.12 17,376.30 (6,365.34)$ -26.81%-37.93% March - - - - 23,073.42 27,205.24 16,659.00 (6,414.42)$ -27.80%-38.77% April - - - - 18,392.25 21,685.80 - May - - - - 28,462.95 33,559.89 - June - - - - 10,050.45 11,850.21 - July - - - - 18,693.15 22,040.58 - August - - - - 6,141.15 7,240.86 - September - - - - 15,846.00 18,683.59 - October - - - - 15,297.00 18,036.27 - November - - - - 8,322.00 9,812.24 - December - - - - 16,157.94 19,051.39 - Total -$ -$ -$ -$ 190,827.93$ 225,000$ 51,288.21$ (2,176.83)$ -4.07%-18.64% Budget 27,993.12 Variance, Favorable (Unfavorable)23,295.09$ Actual Collections $0 $5,000 $10,000 $15,000 $20,000 $25,000 2016 2017 2018 2019 2020 Cigarette Tax Revenue for March by Year TOWN OF AVON REAL ESTATE TRANSFER TAX 2020 Actual vs. Budget Budget YTD Collections $ Change % of Change % change 2015 2016 2017 2018 2019 2020 2020 2019 2019 to budget January 48,640.40$ 64,422.00$ 107,390.00$ 264,063.20$ 72,520.00$ 80,110.48$ 179,460.00$ 106,940.00$ 147.46%124.02% February 85,479.08 200,850.86 270,815.26 269,578.51 298,730.16 161,857.96 567,486.49 268,756.33$ 89.97%250.61% March 168,744.22 265,061.65 254,737.53 344,556.74 180,819.76 174,580.77 113,350.00 (67,469.76)$ -37.31%-35.07% April 125,266.30 159,046.06 249,938.93 122,312.21 312,899.53 139,424.03 May 237,971.08 184,987.10 377,490.82 351,236.93 278,241.63 205,646.07 June 294,434.84 307,127.24 703,419.85 343,140.71 237,143.93 271,130.98 July 396,838.68 259,977.94 219,208.74 272,420.41 86,755.74 177,641.40 August 152,380.93 186,483.40 592,467.49 343,249.80 400,027.60 240,835.14 September 291,223.61 321,957.68 423,013.80 311,022.50 604,158.92 280,638.63 October 172,855.22 641,688.59 497,642.58 330,671.24 359,782.63 288,011.16 November 169,328.38 315,109.37 425,402.80 211,818.76 570,245.09 243,322.46 December 225,862.90 588,514.66 227,918.50 196,105.45 1,597,177.98 407,800.92 Total 2,369,025.64$ 3,495,226.55$ 4,349,446.30$ 3,360,176.46$ 4,998,502.97$ 2,671,000$ 860,296.49$ 308,226.57$ 55.83%106.53% Budget 2,671,000.00 Variance, Favorable (Unfavorable)(1,810,703.51)$ Actual Collections $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 2016 2017 2018 2019 2020 Year Real Estate Transfer Tax for March TOWN OF AVON RECREATION CENTER ADMISSION FEES 2020 Actual vs. Budget Budget YTD Collections Budget % of change % change 2015 2016 2017 2018 2019 2020 2020 Variance from 2019 from Budget January 62,607.00$ 64,723.00$ 74,674.00$ 88,582.09$ 72,981.86$ 75,597.73$ 79,231.98$ 3,634.25$ 8.56%4.81% February 63,838.00 68,506.00 86,342.00 75,952.60 64,868.20 74,753.28 70,588.43 (4,164.85)$ 8.82%-5.57% March 77,902.00 81,664.00 76,023.00 79,071.20 78,824.90 81,818.49 34,641.33 (47,177.16)$ -56.05%-57.66% April 61,760.00 55,452.00 67,398.00 61,817.56 53,085.20 62,278.55 May 43,119.00 50,067.40 54,337.00 50,252.60 63,563.00 54,340.97 June 55,052.00 58,430.50 58,044.00 62,135.02 68,601.20 62,850.36 July 61,472.00 66,399.80 65,873.60 72,441.40 88,528.43 73,756.96 August 63,233.00 66,388.60 76,558.30 73,573.10 70,491.40 72,827.33 September 36,846.00 44,719.00 49,017.70 49,315.70 55,598.60 48,967.57 October 75,818.00 61,167.00 51,833.00 59,692.77 58,055.60 63,745.23 November 29,570.00 71,384.00 72,114.00 126,981.80 51,281.50 73,053.33 December 77,672.00 112,201.00 169,092.78 186,927.10 276,537.00 171,010.21 Total 708,889.00$ 801,102.30$ 901,307.38$ 986,742.94$ 1,002,416.89$ 915,000$ 184,461.74$ (47,707.76)$ -14.87%-20.55% . Actual Collections $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,000 2016 2017 2018 2019 2020 Recreation Center Admissions March TOWN OF AVON RECREATION CENTER PROGRAM FEES 2020 Actual vs. Budget Budget YTD Collections Budget % of change % change 2015 2016 2017 2018 2019 2020 2020 Variance from 2019 from Budget January 23,252.13$ 17,133.04$ 28,815.64$ 32,368.50$ 26,095.68$ 25,923.63$ 27,872.08$ 1,948.45$ 6.81%7.52% February 20,734.70 22,435.59 28,915.58 35,279.57 23,197.74 26,512.14 25,526.28 (985.86) 10.04%-3.72% March 15,184.33 19,132.72 29,016.16 28,669.46 27,280.96 24,221.71 14,589.59 (9,632.12) -46.52%-39.77% April 18,360.00 18,538.66 26,397.13 45,827.30 31,132.63 28,480.30 May 22,175.69 39,447.85 44,605.22 37,300.42 31,335.76 35,508.05 June 31,443.66 33,369.05 45,885.37 37,231.17 34,568.93 37,058.05 July 29,162.29 44,969.88 46,745.40 49,968.33 43,607.82 43,546.94 August 31,055.94 46,025.52 52,318.40 64,320.46 49,982.60 49,486.28 September 18,209.25 36,240.11 30,853.05 41,463.74 34,704.93 32,788.29 October 20,380.77 22,068.60 26,881.06 26,782.63 22,588.68 24,103.56 November 20,095.40 30,866.78 25,906.72 24,952.65 20,749.47 24,889.25 December 21,918.03 30,294.89 37,309.30 26,328.09 31,740.68 29,969.80 Total 271,972$ 360,523$ 423,649$ 450,492$ 376,986$ 382,488$ 67,987.95$ (8,669.53)$ -11.21%-11.31% Actual Collections $- $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 2016 2017 2018 2019 2020 Recreation Center Program Fees March 2020 Dept./Div.2020 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget General Government: 111 Mayor and Town Council 270,662$ 1,091$ 94,502$ 175,069$ 35.32% 112 Boards and Commissions 19,649 - 2,613 17,036 13.30% 113 Town Attorney 155,000 27,845 1,155 126,000 18.71% 115 Town Clerk 134,843 4,323 28,716 101,804 24.50% 121 Municipal Court 148,478 24,491 22,628 101,359 31.73% 131 Town Manager 579,654 75 88,339 491,240 15.25% 133 Community Relations 268,766 11,056 43,583 214,126 20.33% 134 Economic Development 140,250 16,817 76,106 47,327 66.26% 136 Special Events 798,042 12,150 53,899 731,993 8.28% 137 Community Grants 92,000 5,580 80,680 5,740 93.76% Total General Government 2,607,344 103,429 492,220 2,011,695 22.85% Human Resources Department: 132 Human Resources 566,168 27,268 130,914 407,985 27.94% Finance & IT Department: 141 Finance 993,978 51,877 209,085 733,015 26.25% 143 Information Systems 441,785 73,555 99,563 268,667 39.19% 149 Nondepartmental 615,557 143,153 211,594 260,810 57.63% Total Finance & IT 2,051,320 268,585 520,243 1,262,493 38.45% Total General Gov't Departments 5,224,832 399,282 1,143,377 3,682,173 29.53% Community Development: 212 Planning 314,587 7,411 63,603 243,573 22.57% 213 Building Inspection 185,515 2 40,487 145,026 21.83% Total Community Development 500,102 7,413 104,090 388,599 22.30% Police Department: 311 Administration 889,491 9,378 207,950 672,163 24.43% 312 Patrol 3,100,349 63,408 582,169 2,454,771 20.82% 313 Investigations 331,071 1,669 72,146 257,256 22.30% Total Police 4,320,911 74,456 862,265 3,384,190 21.68% Public Works: 412 Engineering 273,385 3,144 60,167 210,074 23.16% 413 Roads and Bridges 2,633,092 78,125 517,128 2,037,839 22.61% 415 Parks 639,740 19,237 23,808 596,695 6.73% 418 Buildings & Facilities 1,277,853 111,579 255,745 910,530 28.75% Total Public Works 4,824,070 212,084 856,848 3,755,138 22.16% Recreation Department: 514 Administration 269,711 7,564 76,001 186,146 30.98% 515 Adult Programs 50,032 - 8,379 41,653 16.75% 516 Aquatics 662,235 20,868 147,766 493,601 25.46% 518 Fitness 138,324 - 17,409 120,915 12.59% 519 Guest Services 361,889 7,990 71,514 282,385 21.97% 521 Youth Programs 213,422 709 31,374 181,339 15.03% 523 Community Swim Program 185,243 683 33,214 151,346 18.30% Total Recreation 1,880,856 37,814 385,657 1,457,385 22.51% Contingency - - Operating Transfers 2,725,000 - 2,725,000 - TOTAL OPERATING EXPENDITURES 19,475,771$ 731,049$ 3,352,237$ 15,392,485$ 20.97% Department Expenditure Summaries General Fund March 2020 Expenditures to Date Dept./Div.2020 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES Public Works: 434 Fleet Maintenance 1,905,281$ 40,516$ 447,797$ 1,416,968$ 25.63% Total Operating Expenditures 1,905,281 40,516 447,797 1,416,968 25.63% TOTAL EXPENDITURES 1,905,281$ 40,516$ 447,797$ 1,416,968$ 25.63% Expenditure Summary Fleet Maintenance Enterprise Fund March 2020 Expenditures to Date Dept./Div.2020 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES 431 Transit Administration 277,931$ 16,510$ 123,626$ 137,795$ 50.42% 432 Transit Operations 3,144,688 - 241,209 2,903,479 7.67% 436 Wash Bay 179,309 9,316 31,686 138,307 22.87% 437 Programs 379,838 - 20,888 358,950 5.50% Total Operating Expenditures 3,981,766 25,826 417,409 3,538,531 11.13% TOTAL EXPENDITURES 3,981,766$ 25,826$ 417,409$ 3,538,531$ 11.13% Expenditure Summary Mobility Enterprise Fund March 2020 Expenditures to Date