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TC Packet 08-11-2020_______________________________________________________________________________ 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. AVON TOWN COUNCIL MEETING AGENDA TUESDAY, August 11, 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 AVON TOWN COUNCIL PUBLIC MEETING BEGINS 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 Public comments are limited to three (3) minutes. The speaker may request an additional one (1) minute, which may be approved by a majority of Council. 5. BUSINESS ITEMS 5.1. Avon Town Council Sign-off on the updated CC4CA Policy Statement (Executive Assistant to the Town Manager Ineke de Jong) (15 Minutes) 5:15 5.2. Consideration of Bang the Table Community Engagement Website Platform (Communications Manager Elizabeth Wood) (30 Minutes) 5:30 5.3. PUBLIC HEARING: Second Reading Ordinance No. 20-09: Amendment of Section 3.08 of Avon Municipal Code to Provide for the Collection of Taxes on Remote Sales (Town Attorney Paul Wisor) (15 Minutes) 6:00 5.4. PUBLIC HEARING: Second Reading Ordinance No. 20-10 Amending Section 12.04.380 of the Avon Municipal Code to Require the Installation of Conduit in Public Streets (Town Attorney Paul Wisor) (15 Minutes) 6:15 5.5. Notice of Award for Avon Stormwater Quality Project (Town Engin eer Justin Hildreth) (10 Minutes) 6:30 5.6. Work Session: 5G Wireless Safety and Legal Review (IT Manager Robert McKenner and Town Attorney Paul Wisor) (20 Minutes) 6:40 5.7. Work Session: Recreation Center Financial Update Report (Recreation Director John Curutchet) (30 Minutes) 7:00 5.8. Approval of Intergovernmental Agreement 2020 Eagle County General Election (Town Clerk Brenda Torres) (5 Minutes) 7:30 5.9. Discussion of Proposed Amendment to Avon Home Rule Charter (Town Council member Jake Wolf) (30 Minutes) 7:35 • Presentation (Jake Wolf) • Council Questions • Public Input • Ballot Question Deadlines (Paul Wisor) • Council Discussion/Motion _______________________________________________________________________________ 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. 5.10. Approval of Minutes for July 28, 2020 Council Meeting (Town Clerk Brenda Torres) (5 Minutes) 8:05 6. WRITTEN REPORTS 6.1. August 4th Planning and Zoning Commission Meeting Abstract (Planner David McWilliams) 6.2. Confluence Operating Agreement (Finance Director Scott Wright) 6.3. Update on Management of Richardson Ground Squirrels (Public Works Director Gary Padilla) 6.4. 2020 Special Events Budget Update (CASE Manager Danita Dempsey) 6.5. 2021 Community Grant Funding Update (Communications Manager Elizabeth Wood) 6.6. Gallagher Ballot Question (Town Attorney Paul Wisor) 6.7. Mayor Meeting Comment (Mayor Sarah Smith Hymes) 7. Mayor and Council Comments & Meeting Updates (20 Minutes) 8:10 8. Adjourn 8:30 Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. 970.748.4013 idejong@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Ineke de Jong, Executive Assistant to the Town Manager RE: Council Sign-Off on the Updated CC4CA Policy Statement DATE: August 6, 2020 SUMMARY: The Town of Avon was contacted by Jacob Smith, who is the Executive Director of Colorado Communities for Climate Action (CC4CA). The CC4CA board adopted a new 2020-2021 Policy Statement at the end of June. The 'adopted' new Policy Statement is attached in two versions, one showing tracked changes (substantive changes only) and the other a clean version. "Ratification" is the final step in the process, where each member jurisdiction, including Town of Avon, uses whatever process they wish, to confirm they support the new Policy Statement. The deadline for ratification by each individual jurisdiction is August 30. "Support" doesn't necessarily mean you enthusiastically support every sentence and every position, but that you generally support the document and that you don't object to anything specific. This falls very much in the "can you live with this" vein. If council is interested in supporting this Policy Statement, staff will send CC4CA an email indicating that the Town of Avon supports the updated Policy Statement SAMPLE MOTION: “I move to approve and support the updated CC4CA Policy Statement and direct staff to email CC4CA to indicate Avon’s support of the new Policy Statement”. AVAILABLE ACTIONS: 1.Approve the sample motion as drafted. 2. Approve the sample motion, with modifications. 3. Continue to August 25, 2020, or other meeting defined by Town Council. 4. Reject the motion if council is not interested in considering support. ATTACHMENTS: A. CC4CA Advocacy Priorities for 2020-2021 - Adopted for Ratification B. CC4CA Advocacy Priorities for 2020-2021 - Adopted for Ratification (tracked changes) Aspen · Avon · Basalt · Boulder · Boulder County · Breckenridge · Broomfield · Carbondale Clear Creek County · Crested Butte · Dillon · Eagle County · Erie · Fort Collins · Fraser · Frisco · Gilpin County Glenwood Springs · Golden · Lafayette · Longmont · Louisville · Lyons · Mountain Village · Nederland · Northglenn Pitkin County · Ridgway · Salida · San Miguel County · Summit County · Telluride · Vail · Westminster CC4CA 2020-2021 Policy Statement Adopted by the Board of Directors on June 19, 2020 For Ratification By Each CC4CA Member Jurisdiction Colorado Communities for Climate Action is a coalition of local governments advocating for stronger state and federal climate policy. CC4CA’s policy priorities for 2020-2021 reflect unanimous agreement among the coalition members on steps that should be taken at the state and federal level, often in partnership with local governments, to enable Colorado and its communities to lead in protecting the climate. CC4CA generally focuses on legislative, regulatory, and administrative action, supporting efforts that advance the general policy principles and the detailed policy positions described below, and opposing efforts that would weaken or undermine these principles and positions. General Policy Principles The following general principles guide the specific policies that Colorado Communities for Climate Action supports: Collaboration between state and federal government agencies and Colorado’s local governments to advance local climate protection and resilience. State and federal programs to reduce carbon pollution, including adequate and ongoing funding of those programs. Analyses, financial incentives, infrastructure, and enabling policies for the development and deployment of clean energy technologies. Locally driven and designed programs to support communities impacted by the clean energy transformation. Prioritizing policies that put people at the center of decision-making, minimizing disparities in growing the clean economy, especially for historically marginalized communities, and enhancing equitable outcomes for all. Attachment A 2 Policy Positions Colorado Communities for Climate Action supports the following policy positions: Statewide Climate Strategies 1. Reduce statewide carbon emissions consistent with or greater than the State of Colorado’s 2019 codified goals. 2. Secure accurate, frequent state greenhouse gas inventories and forecasts for Colorado which are made accessible to local governments and designed to be useful for stakeholders. 3. Adopt a comprehensive market-based approach to reduce Colorado’s greenhouse gas emissions that ensures the benefits accrue justly and equitably to impacted communities. 4. Expand consideration of the environmental and health costs associated with the use of fossil fuels in making and implementing climate-related policy. Local Climate Strategies 5. Remove barriers and promote opportunities that allow counties and municipalities to maximize the deployment of local clean energy and climate-related strategies, including resilience-oriented strategies, while promoting affordable, accessible, and equitable delivery of reliable clean energy. 6. Enable local governments to obtain the energy use and other data from utilities and state agencies that they need to effectively administer climate and clean energy programs. 7.Support a comprehensive public process for evaluating retail and wholesale energy choice options for communities, informed by a broad variety of stakeholders. 8.Support policies that promote the efficient use of energy in buildings. 9. Provide for cost-effective and equitable policies, strategies, and practices that enable and accelerate beneficial electrification, reduce GHG emissions, improve quality of life, and make the electric grid more robust and resilient. Attachment A 3 Energy Generation 10. Accelerate retirement of existing fossil fuel generation facilities and their replacement with cost-effective and reliable clean energy supplies, through means that protect both utilities and consumers. 11.Expand the ability of electric cooperatives to independently purchase local renewable electricity and take other steps to reduce carbon pollution. 12.Modernize energy infrastructure to enhance community-based resilience and integrate distributed energy resources. Energy Efficiency 13.Expand demand side savings from efficiency and conservation for all energy types. 14.Support ongoing and sustainable funding for weatherization and renewable energy assistance to low-income households, including those from coal-dominated economies, so that all Coloradans have access to comfortable and affordable homes. 15.Support ongoing and sustainable funding for programs that assist communities in transition from coal-dominated economies. 16.Provide counties and statutory cities and towns with the same authority held by home rule cities to implement local energy conservation policies and programs. Transportation 17. Ensure effective implementation of Colorado’s vehicle emissions standards and other regulatory and programmatic activities designed to reduce carbon emissions from vehicles. 18.Implement the 2020 Colorado Electric Vehicle Plan and other efforts to increase electrification of all motor vehicles. 19.Increase funding and policy incentives for multimodal transportation and multimodal-friendly development statewide. Attachment A 4 20. Incentivize and select mobility alternatives, including movement of both people and goods, based on energy efficiency and environmental costs and benefits. Fossil Fuel Extraction Activities 21.Expand monitoring and reduction of the full life cycle emissions from fossil fuel extractive industry activities. Solid Waste Reduction 22.Grant CDPHE the authority to implement a plan for meeting Colorado’s statewide and regional solid waste diversion goals. 23.Reduce the use of disposable/single-use products and promote the reuse of materials, including construction and demolition waste. 24.Foster infrastructure, policies, incentives, and programs for reuse, recycling, and composting. General 25.Encourage the adoption of climate-positive innovations like telecommuting, drawing from the lessons learned during the coronavirus pandemic, to substantially reduce air and carbon pollution. 26.Promote proactive programs and efforts that improve the resilience and adaptability of Colorado communities in the face of natural disasters and other major challenges associated with climate change, including ensuring that disaster stabilization and recovery efforts result in reduced carbon pollution and improved resilience to future disasters. 27.Optimize the potential for carbon sequestration through regenerative agriculture, improved soil health, and forest management. 28.Incorporate equity, accessibility, and just transition considerations into climate policies and actions. 29.Encourage investments that achieve climate-positive solutions, including policies that encourage entities investing public dollars to consider partial or full divestment as part of their investment strategies. 30.Maintain protections and authorities currently provided under environmental laws like the National Environmental Policy Act, the Clean Air Act, and the Clean Water Act. Attachment A CC4CA 2020-2021 Policy Statement Adopted by the Board of Directors on June 19, 2020 For Ratification By Each CC4CA Member Jurisdiction (Substantive Changes from the 2019-2020 Policy Statement are Displayed) Colorado Communities for Climate Action is a coalition of local governments advocating for stronger state and federal climate policy. CC4CA’s policy priorities for 2020-2021 reflect unanimous agreement among the coalition members on steps that should be taken at the state and federal level, often in partnership with local governments, to enable Colorado and its communities to lead in protecting the climate. CC4CA generally focuses on legislative, regulatory, and administrative action, supporting efforts that advance the general policy principles and the detailed policy positions described below, and opposing efforts that would weaken or undermine these principles and positions. General Policy Principles The following general principles guide the specific policies that Colorado Communities for Climate Action supports: Collaboration between state and federal government agencies and Colorado’s local governments to advance local climate protection and resilience. State and federal programs to reduce carbon pollution, including adequate and ongoing funding of those programs. Analyses, financial incentives, infrastructure, and enabling policies for the development and deployment of clean energy technologies. Locally driven and designed programs to support communities impacted by the clean energy transformation. Prioritizing policies that put people at the center of decision-making, minimizing disparities in growing the clean economy, especially for historically marginalized communities, and enhancing equitable outcomes for all. Attachment B 2 Policy Positions Colorado Communities for Climate Action supports the following policy positions: Statewide Climate Strategies 1. Reduce statewide carbon emissions consistent with or greater than the State of Colorado’s 2019 codified goals. 2. Secure accurate, frequent state greenhouse gas inventories and forecasts for Colorado which are made accessible to local governments and designed to be useful for stakeholders. 3. Adopt a comprehensive market-based approach to reduce Colorado’s greenhouse gas emissions that ensures the benefits accrue justly and equitably to impacted communities. 4. Expand consideration of the environmental and health costs associated with the use of fossil fuels in making and implementing climate-related policy. Local Climate Strategies 5. Remove barriers and promote opportunities that allow counties and municipalities to maximize the deployment of local clean energy and climate- related strategies, including resilience-oriented strategies, while promoting affordable, accessible, and equitable delivery of reliable clean energy. 6. Enable local governments to obtain the energy use and other data from utilities and state agencies that they need to effectively administer climate and clean energy programs. 7. Support a comprehensive public process for evaluating retail and wholesale energy choice options for communities, informed by a broad variety of stakeholders. 8. Support policies that promote the efficient use of energy in buildings. 9. Provide for cost-effective and equitable policies, strategies, and practices that enable and accelerate beneficial electrification, reduce GHG emissions, improve quality of life, and make the electric grid more robust and resilient. Deleted: 7. Support a public process for evaluating retail and wholesale energy choice options for local jurisdictions that is led by the state and informed by a broad variety of stakeholders.¶ Attachment B 3 Energy Generation 10. Accelerate retirement of existing fossil fuel generation facilities and their replacement with cost-effective and reliable clean energy supplies, through means that protect both utilities and consumers. 11. Expand the ability of electric cooperatives to independently purchase local renewable electricity and take other steps to reduce carbon pollution. 12. Modernize energy infrastructure to enhance community-based resilience and integrate distributed energy resources. Energy Efficiency 13. Expand demand side savings from efficiency and conservation for all energy types. 14. Support ongoing and sustainable funding for weatherization and renewable energy assistance to low-income households, including those from coal-dominated economies, so that all Coloradans have access to comfortable and affordable homes. 15. Support ongoing and sustainable funding for programs that assist communities in transition from coal-dominated economies. 16. Provide counties and statutory cities and towns with the same authority held by home rule cities to implement local energy conservation policies and programs. Transportation 17. Ensure effective implementation of Colorado’s vehicle emissions standards and other regulatory and programmatic activities designed to reduce carbon emissions from vehicles. 18. Implement the 2020 Colorado Electric Vehicle Plan and other efforts to increase electrification of all motor vehicles. 19. Increase funding and policy incentives for multimodal transportation and multimodal-friendly development statewide. Deleted: Expanding distributed generation, energy storage, high levels of renewable energy generation (distributed and utility-scale), and appropriate technologies through grid modernization. Attachment B 4 20. Incentivize and select mobility alternatives, including movement of both people and goods, based on energy efficiency and environmental costs and benefits. Fossil Fuel Extraction Activities 21. Expand monitoring and reduction of the full life cycle emissions from fossil fuel extractive industry activities. Solid Waste Reduction 22. Grant CDPHE the authority to implement a plan for meeting Colorado’s statewide and regional solid waste diversion goals. 23. Reduce the use of disposable/single-use products and promote the reuse of materials, including construction and demolition waste. 24. Foster infrastructure, policies, incentives, and programs for reuse, recycling, and composting. General 25. Encourage the widespread adoption of telecommuting options and other climate-positive innovations, drawing from the lessons learned during the coronavirus pandemic, to substantially reduce transportation-related air and carbon pollution. 26. Promote proactive programs and efforts that improve the resilience and adaptability of Colorado communities in the face of natural disasters and other major challenges associated with climate change, including ensuring that disaster stabilization and recovery efforts result in reduced carbon pollution and improved resilience to future disasters. 27. Optimize the potential for carbon sequestration through regenerative agriculture, improved soil health, and forest management. 28. Incorporate equity, accessibility, and just transition considerations into climate policies and actions. Deleted: ! ¶ Attachment B 5 29. Encourage investments that achieve climate-positive solutions, including policies that encourage entities investing public dollars to consider partial or full divestment as part of their investment strategies. 30. Maintain protections and authorities currently provided under environmental laws like the National Environmental Policy Act, the Clean Air Act, and the Clean Water Act. Attachment B (970) 748-4087 ewood@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Elizabeth Wood, Communications & Marketing Manager RE: Bang the Table Engagement HQ DATE: July 23, 2020 SUMMARY: The 2020 Strategic Plan references Community Engagement as a top priority for the Avon Town Council with a goal of increasing community participation. Website enhancements provide a great opportunity to engage the public about a variety of projects, however our current website platform does not provide any method for two-way communication beyond emailing Town Council and Staff. Staff researched different web-based platforms that allow for two-way communication. Specifically researched were municipalities that use Civic Plus as their website host and have a different platform for community engagement on their website. The Bang the Table Engagement HQ platform was widely used and recommended by a variety of municipalities as highlighted below. BACKGROUND: Bang the Table (“BtT”) is an Australian-based company that has gained traction worldwide through their mission to form constructive relationships between communities and governments through public engagement. Their Engagement HQ platform is used by more than 570 organizations worldwide to deliver best-practice community and stakeholder engagement, providing accessible opportunities for a community to learn about and contribute to decisions that affect their daily lives. The product offers a spectrum of engagement tools that can be combined and used for different types of projects. A brief description of each engagement tool is below: Forum: A safe and interactive space for the community to discuss and debate pertinent issues. Multithreaded discussions enable deeper engagement for passionate stakeholders. This appears similar to a blog post, where people can write a post and others, including Town Staff, can respond. Ideas: Similar to virtual post-it notes, this is a way for the community to share what inspires them and can include images or media for context. People can like and comment directly on ideas. Places: Gather feedback and photos directly on a map with a single pin drop. Stories: Help the community better understand and relate to a project. Stories can be interactive and can include images or media to support context. Guestbook: Simple, streamlined, and moderated space for the community to upload comments. Comments are moderated to manage what appears publicly so the engagement stays on topic. Q & A: Receive questions in a managed space that accommodates both public or private responses. Quick Poll: Ask a single question and get immediate insight. Polls are an easy way to activate simple engagement with a single question. Page 2 of 3 Surveys: Encourage the community to voice their opinions using a variety of question types and rich media in a convenient and guided way. In addition to the engagement tools listed above, the product offers a spectrum of informational tools that can be used by Town Staff to customize the content and resources available for each project and provide a highly visual experience. A complete list of informational tools is available on page 15 of Attachment A. PEER ANALYSIS: Staff reached out to peer communities using Bang the Table Engagement HQ. A summary of their experience and feedback is below. Aspen: The City of Aspen has used it as a blanket platform for all City projects with much success. They found the back-end reporting to be most advantageous, particularly being able to capture webpage visitors, clicks, and ‘engaged’ participants because it provided more depth in reporting to Boards and Council beyond how many folks took a survey. The City of Aspen reported that the available informational tools are very effective and require thoughtful planning to ensure the correct tools are being used for each specific project. They purchased the project for eight simultaneous planning code projects and then spread out for use across all departments. The platform is managed by the Community Development department with a counterpart in Communications. You can see it in action at https://www.aspencommunityvoice.com/. Vail: The Town of Vail purchased Engagement HQ in December of 2018 specifically for the Vail Civic Area Master Plan project. They found the platform worked very well and have continued to use it for other projects, including the West Vail Master Plan. They find the most impressive features to be the back-end functions, and report that the layout and design flexibility are particularly impressive. The Communications department does most of the management for the platform. You can see it in action at https://www.engagevail.com/. Steamboat Springs: The City of Steamboat Springs has been using the BtT Engagement HQ platform since November of 2017. They purchased the product for a specific ‘visioning project’ around the city- owned ski area, Howelsen Hill. Since then, it has been used for 18 projects and more departments become familiar with resource and gathering/meeting limitations due to COVID-19. The City has been most pleased with the ease of setting up projects that can be easily used and updated by project managers. They use the survey, news feed, forum, quick poll and places features the most. They also link to their social channels and website. The reporting is quick and provides a good snapshot of activity. In addition, they have found the support to be fantastic and any issues they’ve had have been quickly resolved. In terms of limitations, they’ve had difficulty making the BtT tools work when a 3rd party consultant has been brought into a project, and it was slow for community members to adopt the platform for engagement. The Communications department manages the platform to ensure consistency and other city standards are maintained, but project managers are involved. You can see it in action at https://www.engagesteamboat.net/. Bang the Table provided an extensive list of additional reference communities, including Boulder, Chaffee County, Golden and Mammoth Lakes (California). FINANCIAL CONSIDERATIONS: The annual base cost for the Engagement HQ platform is a $12,000 with additional options and add-ons outlined on page 3 of Attachment A. Town Staff surveyed peer communities, and none recommended supplemental products. All peer communities surveyed only pay the annual base cost of $12,000. Page 3 of 3 RECOMMENDATION: Town Staff recommends purchasing the BtT Engagement HQ platform in 2020 or 2021 to grow community engagement and participation through the Town of Avon website. Thank you, Elizabeth Wood ATTACHMENTS: Attachment A: Bang the Table Engagement HQ Proposal Build stronger, more trusting communities through meaningful engagement. Prepared by Michelle Stephens, AICP Bang the Table Prepared for Liz Wood Town of Avon June 11, 2020 Thank you for your consideration! Dear Brittney and Team, In order to support our discussions we have prepared our recommendation along with some optional items. Please find this on the following page titled ‘Pricing and Deliverables’. For your reference, details of the deliverables and optional items are outlined within Bang the Table’s Prospectus which follows the Pricing and Deliverables page. Please let me know if you have any questions and we look forward to your feedback. Regards, Bang the Table USA Michelle Stephens, AICP Engagement Manager michelle@bangthetable.com | 303-525-5155 Optional Add-ons and Services EngagementHQ Platform: ●Custom Brand Integration: $5,000 (first year) and $1,000 (renewing years) ●Project Finder: $2,500 (first year) and $1,000 (renewing years) ●Single Sign-on (SSO) for administrators: $2,300 (first year) and $1,800 (renewing years) ●Additional administrators: Site ($1,500), Project ($250) EngagementIQ Services: ●Site Build Onboarding :$5,000 (recommended) ●Partner Support Package: $7,500 ●Concierge Services: Please inquire Marketplace Products: Please inquire and we will provide an introduction to our partners Pricing and Deliverables Unlimited License Offer TOTAL COST (without Optional Add-ons) $12,000 plus applicable taxes Deliverables (included in total cost) EngagementHQ Annual License: ●Unlimited project capacity ●Branded homepage and choice of layouts, custom domain name, SSL ●Access to all Information Sharing Tools, Feedback Tools, Participant Relationship Management, Analytics (including sentiment analysis), Comment Tagging, Summary and Detailed Reports ●2 site administrator and 10 project administrator accounts ●24/7 moderation provided by Bang the Table ●24/5 Helpdesk support via email, phone, live chat ●Access to Client Webinars EngagementIQ Services: ●Standard onboarding ●Essentials Support Package This document and the information in it are provided in confidence, for the sole purpose of exploring business opportunities between the disclosing party and the receiving party and may not be disclosed to any third party or used for any other purpose without the express written permission of the disclosing party. Pricing is valid for 60 days. Build stronger, more trusting communities through meaningful engagement Bang the Table Prospectus A comprehensive overview of the EngagementHQ platform and supported integrations, add-ons and services. Our Mission 1 Robust Democracy Requires Real Public Participation 2 Introducing EngagementHQ 3 A Full Spectrum of Engagement Tools 5 Inform your Community 10 Participant Relationship Management (PRM)11 Reporting and Analytics 13 24/7 Moderation 16 24/5 Technical Support 17 Service Level Agreement & Account Management 18 Introducing EngagementIQ 19 Expert Advice, Training and Support 20 Select your Level of Support 21 Book your Sessions 22 Add Custom Support 24 Our Community of Engagement Practitioners 27 Design and Customization Options 28 Theme Selection 29 Brand Integration & Project Page Layouts 30 Product Innovation and Enhancement 31 EngagementHQ Marketplace 32 Technical Specifications 35 Security and Privacy 36 Hosting 38 Accessibility & Device Compatibility 39 Contents Our mission is to enable public participation as a fundamental pillar of well-functioning 21st century democracies by forging constructive relationships between communities and the institutions of government. “You helped us quickly gather information from the community, especially groups and populations that do not come to the in-person meetings.” Chris Meschuk City of Boulder Our Mission 2Bang the Table ProspectusReturn to contents page Robust Democracy Requires Real Public Participation Through technology and deep industry knowledge, our aim is to continuously innovate and add value to the community engagement industry. Our experience with online community engagement aims to empower organizations and their communities by providing them accessible opportunities to learn about and contribute to the decisions that affect their daily lives. Bang the Table was established because, no matter how well-designed the offline consultation process, inevitably it only reaches a small segment of a community. The online space provides the opportunity to give vastly more people access to information and enable them to have their say. It drives inclusive, transparent, and measurable community engagement processes that empower collaborative learning, discussion, and debate. EngagementHQ is a community engagement platform that provides capacity and support for focused consultation in a safe, information-rich environment through an integrated range of online community engagement feedback tools. A diverse approach extends inclusiveness and gives the community better opportunities to have their say on issues that are important to them. The use of EngagementHQ, combined with our guidance and support, will provide an immediate and engaging online presence that will produce exceptional and measurable results. If you have questions about this prospectus, we would love to hear from you. Bang the Table U.S. 2400 Spruce Street, #204 Boulder, CO 80302 1-844-308-2907 W9 47-5582814 CANADA 300-1090 Homer Street Vancouver BC V6B 2W9 1-844-308-2907 PBN: 831001185 PG0001 BN: 831001185 RT0001 WCB # 940023 AA (007) AUSTRALIA Level 1, 96 Pelham Street Carlton, VIC 3053 Australia 1300-647-014 ABN: 96 127 001 236 ACN: 127 001 236 U.K. 27 Elder House, 4 Water Lane Kingston Upon Thames KT1 1AE 0800-779-7724 NEW ZEALAND Level 1, Awly Building, 287/293 Durham Street North, Christchurch 8013 New Zealand +61 3-9020-8628 “EngagementHQ has been a hit in our community, helping to turn innovative ideas into reality!” Dannette Robberson City of Parker Introducing EngagementHQ 4Bang the Table ProspectusReturn to contents page EngagementHQ is used by more than 570 organizations around the world, supporting over 12,000 practitioners to deliver best-practice community and stakeholder engagement. One robust platform lets you inform, engage, measure and build community through meaningful relationships and ongoing interactions. Multiple feedback tools serve to engage participants while unique information- sharing tools support efforts to inform and educate. • Use a full array of videos, documents, image galleries, key dates, lifecycles, and other information tools to educate, build confidence in the process, and drive participation. • Customize the appearance of your engagement site and project pages to align with your brand. Use a mix of feedback tools for any project to encourage input, guide education and extend participation. • Easily share draft projects with internal or external stakeholders for approval before launch. • Participant management helps you understand who you are hearing from and reach out to target groups and segment your participants for deeper feedback analysis. • Our easy to use Newsletter helps you target community members with branded email newsletters. • In-depth real time reporting ensures that you can ‘listen’ effectively and efficiently while text and demographic analysis tools help you understand community sentiment behind the feedback. 5Bang the Table ProspectusReturn to contents page Participants can engage with each other. Comments, images and ideas are visible to the community. Participants cannot engage with each other. Data is stored in the backend and only accessible by admin. Participants can see other contributions. However, there is little peer-to-peer interaction. Some data may be visible to the public, other data is just accessible by admin. Each environment has a range of tools that are suitable for use on their own or in combination with others as part of a more robust methodology. Understanding your objectives, negotiables, and the types of information you need will be a key determining factor for your tool selection. A Full Spectrum of Engagement Tools EngagementHQ offers a complete range of engagement tools, making it easy to marry your online and face-to-face methodologies. Mix and match any combination of feedback tools to support the different stages of your consultation process. Selecting the right tool for your engagement is essential to getting the feedback you need. When considering which tools to utilize, you can choose to keep public participation in a controlled, mixed or open environment. The spectrum below identifies where each tool fits within these operating environments. As you advance your practice, you’ll become more comfortable using a combination of tools, expanding the level of detail and input you receive. Mixed environment Controlled environment Open environment FORUM IDEAS PLACES STORIES GUESTBOOK Q&A QUICK POLL SURVEYS 6Bang the Table ProspectusReturn to contents page IDEAS These virtual post-it notes are a way for your community to share what inspires them. Ideas can include images or media for context and participants can like and comment directly. • Include rich media content in the introduction • Unlimited amount of Ideas instances per project, with one featured Ideas instance • Indefinite or scheduled voting • Participants can like and comment on other people’s ideas • Include photos to support your idea • Enable social sharing of Ideas • Scheduled publishing • 24/7 moderation FORUM A safe and interactive space for your community to discuss and debate pertinent issues. Multithreaded discussions enable deeper engagement for passionate stakeholders. • Include rich media content in the introduction • Unlimited Forum topics per project page • Unlimited comments per Forum topic • Easy to read threaded replies • Participants can agree and disagree on other people’s comments • Enable social sharing of Forum topics • Allow unverified participation • 24/7 moderation Long Term Plan 2018-2028 - Have Your Say Hutt City “Why is improving our city’s environmental sustainability important to you?” - Our Wollongong A Full Spectrum of Engagement Tools Continued 7Bang the Table ProspectusReturn to contents page STORIES Help your community better understand, empathize, and relate to others and your project. Stories can be interactive and can include images or media to support context. • Include rich media in the introduction and thank you message • Allow other participants to comment on stories • Ability for participants to agree/disagree on other comments • Participants can turn off commenting on their story if they choose • Allow unverified participation • Enable notifications to admin when a new story is posted • 24/7 moderation PLACES Gather feedback and photos directly on a map with a simple pin drop. Geospatial maps offer participants a fun way to engage and see their contribution on a map. • Include rich media content in the introduction • Choose from 8 different map types • Unlimited Maps per project page • Allow unverified participation • Select from 200+ pin category icons • Supports multiple GIS layers in Shapefile, KML, WMS or draw your own formats • Draw custom map shapes, add points of interest and unique layer styles • Pin categories can be applied to group input • Survey responses, pin comments and pin photos are visible to the public • Include a mandatory or optional survey with each pin • 24/7 moderation Cogswell District Redevelopment Project - HALIFAX A Full Spectrum of Engagement Tools Continued Transportation Planning Projects - Be Heard Boulder 8Bang the Table ProspectusReturn to contents page GUESTBOOK Simple, streamlined, and moderated space for your community to upload comments. Comments are moderated to manage what appears publicly so your engagement stays on topic. • Include rich media content in the introduction • Allow unverified participation • Pre or post moderation (moderation happens before or after the comment in published) • Send acknowledgment to participant that comment is posted • Send notification to the admin when a new comment is added • 24/7 moderation Q&A Receive questions in a managed space that accommodates your public or private responses. • Include rich media content in the introduction • Respond to questions privately (an email is triggered back to the participant) or publicly (both question and responses appear on the site) • Allow unverified participation • Send notifications to administrators when new questions are posted • Send notifications to participants when their question has a response • Ability to customize notifications and add subject matter experts to manage your Q&A • Enable social sharing of questions Transportation Master Plan - Have Your Say Guelph Ask HR - Engage Tigard A Full Spectrum of Engagement Tools Continued 9Bang the Table ProspectusReturn to contents page SURVEYS Encourage your community to voice their opinions using a variety of question types and rich media in a convenient and guided way. • Choose from 14 different question types • Apply skip and conditional logic to your questions • Include images or videos in survey questions • Schedule survey publishing and archiving • Option to display survey results to participants • Participants can save the progress of their submissions • Ability to upload documents to support submissions • Easily clone Surveys to save time • Easily pin Surveys using the Places tool • Enable social sharing for Surveys • Configure Survey as a petition • Use multiple Surveys on any project • Allow single or multiple submissions • Download printable surveys for face to face engagements and offline sharing • Customize and export Survey reports for stakeholders QUICK POLL Ask a single question and get immediate insight with this quick and targeted tool. Polls are an easy way to activate simple engagement with a single question. • Include multiple Quick Polls on the same project page • Use Quick Poll as a widget or a tool • Allow unverified participation • Only one vote is allowed per user, even for unverified participants (cookies are used to prevent multiple submissions) • Show votes instantly, before or after the participant has voted Character Design Forum - Your Say Brisbane A Full Spectrum of Engagement Tools Continued 10Bang the Table ProspectusReturn to contents page Inform your Community EngagementHQ incorporates a range of information tools to support your digital engagement objectives. Use these tools to highlight your key content and information resources, making it easier for your audience to self-educate and explore important issues in depth. RELATED PROJECTS Showcases related projects to cross-pollinate engagement and promote self- learning. IMPORTANT LINKS Lets you display a list of links important to your project. PHOTOS The photo gallery displays two custom images from an unlimited capacity image gallery. VIDEOS The video gallery displays two custom video stills from an unlimited capacity video gallery. DOCUMENTS Displays the key documents from your library as individual items or in folders. ADVANCED SHARING CORE PROJECT INFO LIFECYCLE Outlines the stages of your project to your community and communicate project progress as you move through each stage. WHO’S LISTENING Humanizes projects by displaying profiles of the people listening to feedback on your project. KEY DATES Displays and promotes key dates associated with the off-line engagement process such as public meetings. FAQ Displays a short list of frequently asked questions and answers about your project with a link through to the FAQ page. RICH MEDIA FOLLOW PROJECT Allows registered and unregistered participants to subscribe to the project. SIGN UP BANNER Encourages your community to register and builds your participant database. NEWS CATEGORIES Automatically adds a list of categories from your published news articles. QUICK POLLS Provides a transparent and accessible way to capture public sentiment quickly. CUSTOM Allows the integration of embedded content from any third-party source. PROJECT UPDATES Information tools can be customized to align with your organization’s language and your site’s look and feel. 11Bang the Table ProspectusReturn to contents page A powerhouse relationship management system, PRM gathers participant data through your site registration process and integrates their profile data with their interactions and feedback, helping you better understand and engage with your community. Maintaining a database of your participants and their interactions eliminates the need to rely 100% on project promotion to drive participation and ensures people are kept informed throughout a project’s lifecycle to validate participation. TARGETED COMMUNICATIONS EngagementHQ has segmentation functionality that allows administrators to target registered participants via email. Targeting can be based on various data points such as prior interest, participation in past projects, demographic information collected during the registration process, and so on. These criteria are then used to create Groups, which are then used to target participants with topic specific messaging via the newsletter feature. NEWSLETTERS Syncing with your other EngagementHQ tools and data, our built-in newsletter gives you one easy platform to work from. The designs are simple to work with and include preview and test functions, and audience selection and filtering. SOCIAL INTEGRATION Easily connect your social platforms to EngagementHQ. Provide social login ability for participants (via Google, Facebook or Twitter), enable social sharing of your projects, and embed social feeds into your engagement platform and projects. Participant Relationship Management (PRM) Create an email list of past project participants Send email updates to participants through EngagementHQ Our Participant Relationship Management (PRM) system is our flagship community- building system. It makes long-term engagement with your community easy by building historical data of participants through their preferences and interactions across your projects on EngagementHQ. This enables powerful segmenting and deeper analysis for your engagement program. 12Bang the Table ProspectusReturn to contents page Participant Relationship Management (PRM) Continued Project Visibility Modes The visibility tool gives your projects three modes of visibility: ‘Public’ (anyone can view and participate), ‘Paneled’ (anyone can view, but only invited panelists can participate), or ‘Protected’ (only selected groups can view and participate). • Participants can create a profile via a registration form configured by you. The only fields required to participate are a participant-defined username, password, and email address. Additional fields can be configured to support deeper data analysis and community understanding. Demographic analysis features can be run using participant data collected in your registration form, providing better insights and actionable feedback from community input. • Our engagement tools allow anonymous and registered participation, as configured by administrators. • User profiles and user passwords are encrypted at rest using bcrypt and a hash; data is also encrypted in transit by applying an SSL certificate. • EngagementHQ will also log available participant information and make it visible in the Participant Relationship Management dashboard, and accessible via the Analytics Reporting tool. • Usernames and email addresses are checked for uniqueness at create and edit points. • When logged in, participants can access their profile to update their preferences. • Participants can reset forgotten passwords using the “forgotten or reset password” process, which can be accessed at any time with a verified email address. 13Bang the Table ProspectusReturn to contents page Reporting and Analytics Get better insights, improve your communications, and make better decisions with enhanced analytics and sentiment analysis. Our A-I-E framework is designed to make it easy to measure the performance of your project against realistic goals, identifying how many participants are Aware, Informed, and Engaged (A-I-E) for each project. Automated weekly email reports identify project interest, critical issues, and important community stakeholders. Sophisticated reporting lets you analyze or export the results of a single feedback process, an entire project, or your entire project history. 14Bang the Table ProspectusReturn to contents page Reporting DASHBOARD Monitor site visits, registration numbers and active participants coming to your EngagementHQ site. See how your marketing efforts are working to drive participation. And easily access recent community responses for review. PROJECT REPORTS See a summary of visitor insights, channel referrals and participation for each engagement project. Filter to identify traffic sources for one, many or all of your projects within the same report. Understand which feedback tools and widgets are being used the most by participants, which projects have the most contributions and how participants interact with your site. TOOL REPORTS Dive deeper into your feedback tools to understand how participants interact with a specific tool across all of your projects. Layer demographic questions from your registration form into your reporting to better understand which segments of the community are represented and more importantly, which segments are not that need to be, before you start deeper analysis. CUSTOM DASHBOARDS Through our EngagementIQ services, you can embed custom dashboards from services such as Zoho directly into your EngagementHQ site. These reports can be generated at the close of your engagement project and provide a nice visual way to close the loop with your participants and stakeholders. You may also integrate EngagementHQ with Google Analytics for more insight into how your visitors interact with your site. Run reports directly within the EngagementHQ interface to monitor progress and results for your projects. Export formatted report summaries and detailed reports in PDF, Excel or CSV for deeper data analysis work and sharing. Detailed reports provide insights for individual feedback tools, holistic project reports, multi-phased projects or for your entire site. Reporting and Analytics Continued 15Bang the Table ProspectusReturn to contents page TEXT ANALYSIS Understand which issues are important to your community by analyzing comments across tools, including Forum and Survey tools. Keyword tags can be applied allowing you to identify key themes across the data that can be further segmented by both demographic and sentiment for deeper analysis. DEMOGRAPHIC FILTERING Use the demographic details you collect from participants during the registration process to filter your feedback data and identify trends within your community segments. SENTIMENT ANALYSIS Through the use of Artificial Intelligence (AI), EngagementHQ’s sentiment analysis feature will assign positive, neutral, mixed, or negative sentiment labels to each text based response, showing you a summary of community sentiment around a particular topic. Demographic filters can be applied for deeper understanding of community needs. SURVEY ANALYSIS Get a detailed report of all your survey responses to see specific answers by each community member to each survey question. Download survey questions and answers with easy to understand graphs and charts that summarize community responses for each question. Advanced Analytics Extracting meaningful insight from large quantities of text based responses is made approachable in EngagementHQ by applying demographic filtering, sentient analysis, and comment tagging to your feedback data. Reporting and Analytics Continued 16Bang the Table ProspectusReturn to contents page Mitigate risk and keep your community protected. Expert moderation protects you and your community against bullying, heckling, and inappropriate behavior as well as ensuring that your forums and discussions are on-topic and privacy is protected. It is an essential solution for any government department or organization with a legal obligation to protect the right to free speech. The service is designed to protect you and your community. Our moderation policy can be found at the bottom of all client sites. EngagementHQ first filters all posts to remove spam and to look for high-risk language. Comments containing bad language do not appear on the site and are instead routed to a moderator to check if they are permissible. All other content on Ideas, Places, Discussion Forum, and Guestbook tools are reviewed by our expert moderators within 2 hours of posting, 24/7. Comments found to be contrary to the moderation rules are removed with a clear reason being emailed to the participant who posted the comment, giving them the option to repost in a way that does not violate moderation rules. As administrators, you can always access removed content on request, and if you disagree with our moderators, you can request to have content reinstated on your site. Thankfully, our experience shows moderators remove less than 1% of all content as our timely and independent intervention can prevent a discussion going off the rails. Posts to the Stories and Q&A tools are moderated by our clients in the administrative interface. For these tools, nothing appears on the site without your team giving it the green light first. Questions to the Q&A tool require an answer, and Stories can contain rich media, which is why we leave moderation of these elements to your team. * English and French 24/7, Spanish 24/5. 24/7 Moderation* 17Bang the Table ProspectusReturn to contents page Live chat, in-application support, and helpdesk EngagementHQ delivers more than just an online engagement platform. It is serviced by real people who answer the phone and respond to live chats and email. EngagementHQ is also the product of nearly a decade of community best practice, and our knowledge base reflects that. Communicate directly with a human to discuss and identify issues, and to receive updates on process and resolution. HELPDESK Our customer experience team can be contacted for user, technical, and practical support. Email: support@engagementhq.com Web: helpdesk.bangthetable.com 24/5 Technical Support 18Bang the Table ProspectusReturn to contents page Service Level Agreement When a support ticket is opened, our customer experience team will assign a severity level to each ticket and will work to resolve the issue within the designated response time, according to the severity level of the issue raised. SEVERITY LEVEL EXPECTED RESPONSE AND RESOLUTION TIMES Critical core function site issue Resolution within 4 hours Minor critical core function site issues Response within 2 hours and resolution within 1 business day Non-critical core function site issue Resolution within 2 business days Minor non-critical core function site issues Resolution occurs as soon as possible, no later than 10 business days Account Management Runs parallel with services and support: You can call or email your assigned Engagement Manager during regular business hours (EST), and either submit a help ticket to our support team using the in-app chat function or directly via email, at any hour of the day. Your Engagement Manager will help your team use the EngagementHQ platform to its fullest capability, aligning with your objectives and guide training, suggest product feature enhancements and services to further support your team and build capacity where you need it most. Introducing EngagementIQ “I have had such wonderful support from Bang the Table staff in my use of our Let’s Talk platform as well as from the webinars and online support for all of the questions I have had about creating projects.” Simone Zrna City of Murray Bridge 20Bang the Table ProspectusReturn to contents page ADVICE Get expert digital engagement advice Need help planning for and delivering your next digital engagement? Our engagement team can help you achieve project success with advice to help you deliver best-practice digital engagement. TRAINING Get the most from EngagementHQ Take your use of EngagementHQ to the next level. Work with our engagement team to learn how to use the features of EngagementHQ including advanced features and more. SUPPORT Solve any issues with 24/5 support Struggling with technical questions? Having problems setting up tools? Our world- class client experience team can help you overcome the trickiest of problems, via online chat and email. MODERATION Rely on our content moderators 24/7 Our global network of experienced and mature moderators keeps any public- facing conversation safe and on-topic for participants and protects you from any risks associated with inappropriate content. Whether you’re looking for quick strategy advice, help delivering a project or additional online training for your team, our EngagementIQ team have you covered. Expert Advice, Training and Support 21Bang the Table ProspectusReturn to contents page Core ADVICE Our core offer for all EngagementHQ clients includes: • Help desk resources for self-directed learning • Invitations to client meetups & professional development workshops • Regular monthly webinars TRAINING Face-to-face and online training available on request. SUPPORT Our guaranteed support commitment for all EngagementHQ clients: • 24/5 chat & email support • 15min first response chat • 2hr first response email Essentials ADVICE Utilize up to 10 hours of support and advice from an EngagementIQ team member for assistance with: • Setting up projects & tool selection • Database management • Developing organizational capacity & processes • Planning your projects TRAINING 1 x 60min instructor-led online refresher training per annum. SUPPORT Our guaranteed support commitment for all EngagementHQ clients: • 24/5 chat & email support • 15min first response chat • 2hr first response email Partner ADVICE Work with us as your strategic Partner, with up to 20 hours of support and advice from a dedicated EngagementIQ team member who can assist your team with: • Strategies for driving participation • Utilizing different methodologies • Best-practice planning & tool selection • Organizational buy-in • Support for major projects • Design & layout Includes annual Benchmarking Report with strategic recommendations for improving practice. TRAINING Up to 2 x 60 min online training sessions for advanced product training. SUPPORT Prioritized SLA’s for first-in- queue support: • 24/5 chat & email support • 5min first response chat • 1 hr first response email Custom ADVICE Build your own requirements and tailor a support plan for your specific needs. Custom plans are suitable for larger teams or clients looking for whole-of-organization approaches to engagement. If you have other requirements, get in-touch to discuss. Select your Level of Support Choose a plan most suited to your needs. We have options for organizations at every stage of their journey with EngagementHQ. 22Bang the Table ProspectusReturn to contents page Essential Example session plan Flexibility for small teams and experienced organizations. Work with your EngagementIQ team member to map out your support plan. Schedule or access online sessions when you need via an online booking calendar. Catch up via chat, phone or video conference. Book Your Sessions SESSION 1 Tools & Planning Learn how to choose the right tools and use the best approaches for your upcoming digital engagement projects. Utilize planning templates to identify your objectives, methodology and risks. SESSION 2 Driving Participation Strategic progress check-in. Learn and discuss strategies for driving participation and managing your PRM as an essential engagement asset. SESSION 3 Deepening organizational buy-in Half-year discussion about progress. Session to focus on organizational adoption and strategies for embedding engagement in the organization. SESSION 4 Performance evaluation and goal setting Major projects review. Learn best practices for evaluating digital engagement performance and investigate opportunities for benchmarking and improvement. REFRESHER TRAINING Instructor-led online session for new team members and current site admins with a focus on EngagementHQ functionality and improving product utilization. This session can be tailored to meet your needs and requested on demand throughout your license year. PROJECT SUPPORT Utilize some of your packaged hours for support in planning and delivering your projects. Schedule a session with your EngagementIQ team member prior, during and after your project is complete for expert support and advice for whole project delivery. 23Bang the Table ProspectusReturn to contents page Partner Example Session Plan Get in-depth advice, training and support for your whole team. SESSION 1 Strategies for Organizational Adoption Discuss organizational priorities and establish goals and objectives for organizational adoption and buy-in. Plan a strategy for building internal capacity to deliver a coordinated digital engagement program. SESSION 2 Developing policies and procedures Focus on developing and establishing internal processes which support coordinated engagement and best-practice use of EngagementHQ. Review internal engagement policies and discuss opportunities for incorporating digital engagement guidelines. SESSION 3 Best practice project planning and writing engaging questions Discover best-practice approaches for planning for digital engagement using EngagementHQ and discuss methods for writing engaging questions which can better harness online tools. ADVANCED EngagementHQ SKILLS TRAINING Instructor-led online session for advanced skills training to improve product utilization. This session can be tailored to meet your needs and requested on demand throughout your license year. PROJECT SUPPORT Save some of your packaged hours to support your colleagues in planning and delivering their projects. Partner packages provide enough support to ensure all your site admins and project admins can access EngagementIQ advice when they need it the most. SESSION 7 Site review and benchmarking Go over your annual site review and benchmarking report with us in detail and develop a implementation plan for addresses our strategic recommendations. SESSION 4, 5 & 6 Major project support Planning - Execution - Reporting Partner with us throughout the delivery of a major project for advice and assistance with planning, project delivery, support throughout your consultation and guidance on reporting. Book Your Sessions Continued 24Bang the Table ProspectusReturn to contents page The new Bluehaven interface offers administrators intuitive navigation, in-app tours and helpful prompts to guide learning and feature discovery. Getting Started with EngagementHQ Getting started with digital engagement requires strategic thinking, site scoping, project support and training. Our recommended onboarding process helps you start off on the right note with rigorous site scoping, EngagementHQ platform training, quality assurance and testing before you launch. Add Custom Support Site Build Our engagement team will build your site for you, including tool setup, managing site settings, homepage creation, ensuring accessibility and creating your first projects. ACCESSIBILITY AUDIT Ensure your new site is inclusive for all residents. Our team will review for missing alt text, heading structure usage, color contrasts and complexity of your project copy. LAUNCHREVIEWSITE BUILDPLANNING Site Delivery Self-directed Site Build Pre-launch Quality Assurance and Testing Launch Site Kick-off Meeting Site Scoping Session Online Training Online Training Onboarding Process LAUNCHREVIEWSITE BUILDPLANNING Site Delivery We Receive Your Content We Build Your Site Site Build Iterations Pre-launch Quality Assurance and Testing Launch Site Accessibility Audit Kick-off Meeting Site Scoping Session Online Training Online Training Custom Onboarding 25Bang the Table ProspectusReturn to contents page Training Our EngagementIQ Team can provide tailored training to suit any organization. IN-HOUSE TRAINING AND WORKSHOPS Host our EngagementIQ Team at your organization and learn a wide-range of skills and strategies for use in digital engagement. ONLINE ACCELERATORS Rapidly increase your knowledge of digital engagement and EngagementHQ with tailored on-demand online training for your team. ONLINE COACHING Develop a professional learning plan for you and your team and work with a coach on new approaches and challenges to enhance your digital engagement practice. Project Delivery Get extra help with major projects to ensure your team delivers high-quality and efficient digital engagement. PROJECT PAGE BUILD Allow us to build your project page for you, including tool setup, testing and page iterations. SURVEY DESIGN Get assistance developing the perfect survey which allows for thorough analysis and informed decision making. PREMIUM PROJECT SUPPORT Ensure business continuity when your under-resourced and allow us to support our digital engagement project needs. Add Custom Support Continued 26Bang the Table ProspectusReturn to contents page Data Analysis and Reporting Bring your engagement data to life with a range of services to help with analysis and reporting to build trust with community and make better decisions. INTERACTIVE PROJECT DASHBOARDS Take your project data and transform it into a unique and embeddable interactive dashboard to help project teams and the community visualize your engagement outcomes. SITE REVIEW AND BENCHMARKING REPORT Take a deeper look at your engagement practices using EngagementHQ and get strategic recommendations and performance benchmarks to help improve your practice. COMMENT TAGGING AND ANALYSIS Allow us to tag and code your qualitative feedback and develop an interactive report that enables you to better analyze unstructured text. Add Custom Support Continued 27Bang the Table ProspectusReturn to contents page Our experience is built on shared knowledge of best practices and insights among Bang the Table and our clients, professional networks, and communities, all interested in fostering stronger public engagement. Their willingness to share, be challenged, and experiment has afforded Bang the Table the luxury of leading the online engagement industry for nearly a decade. Our Community of Engagement Practitioners Bang the Table supports approximately: 12,000+ active practitioners using EngagementHQ 570+ communities and government organizations around the globe 11 million+ participants engaging across all of our client’s sites 58,000+ active subscribers to our mailing list 28Bang the Table ProspectusReturn to contents page “The platform interface is fantastic and really user friendly, so I am sure I’ll be able to pick this up in no time!” Maddie Brough City of Launceston Design and Customization Options 29Bang the Table ProspectusReturn to contents page Theme Selection EngagementHQ can be structured and branded to support your corporate identity. Website design, information architecture, and visual branding are all critical elements of your community’s online experience. With EngagementHQ you can customize the look of your site to match your corporate look and feel. CLEAN SKIN DELIVERY EngagementHQ is delivered as an ‘unbranded’ website. You choose your colors, add your corporate logo, header banners, and any images. HOMEPAGE TEMPLATES EngagementHQ comes with the choice of four homepage layouts suitable for different organizational needs straight out-of-the-box. HOMEPAGE TEMPLATE EXAMPLES Whitehaven Torquay Bondi Coral Bay 30Bang the Table ProspectusReturn to contents page Brand Integration Bring the look and feel of your organization’s brand to your EngagementHQ platform. With Brand Integration, our team will incorporate your unique website header, footer, fonts, colors and other design elements into your EngagementHQ site, providing a seamless experience for your participants. Navigation elements can be integrated either statically or dynamically. Once branding elements have been integrated, they are applied to all future projects. Brand integration is offered as a custom site build option through our EngagementIQ services. Project Page Layouts Project pages are designed to be the one stop shop for all of your ongoing conversations. The layout allows your team to educate your community through the built-in content management system and educational tools, while also collecting their feedback. Project pages can handle rich media embedded content, including videos and photos, making it easy to educate your different audiences. Tools are turned on or off with single-click functionality, and the content management system will walk you through the creation of new project spaces. Flexible page layouts: Each EngagementHQ project page can be structured to meet your specific project needs with the choice of multiple engagement tools and information widgets. Lake Macquarie City Council Website Lake Macquarie City Council EngagementHQ Site 31Bang the Table ProspectusReturn to contents page “I wanted to say a big thank you for implementing the SSO for Engage Bayswater so quickly! I’m already finding it much simpler to use and I’m sure others will as well.” Janelle Easthope City of Bayswater Product Innovation and Enhancement 32Bang the Table ProspectusReturn to contents page EngagementHQ was built to support a strategic development cycle that will bring consistent product innovation and feature advancement for our clients. With quarterly release schedules, backed by rigorous testing and deployment processes, EngagementHQ will continue to deliver best in class tools and applications that move the practice of digital engagement forward for our clients around the world. EngagementHQ Marketplace Build your communications and engagement ecosystem through our partnerships and integrations. Expand your capability and reach, these powerful solutions can be added to your EngagementHQ platform to create a seamless user experience for both participants and administrators. 33Bang the Table ProspectusReturn to contents page Project Finder Project Finder allows you to embed any or all of your engagement projects onto any website. Through keyword filtering, participants can search and filter your active projects to find topics of interest without coming to your EngagementHQ site directly. By clicking into the project from the embeddable tool, participants will be taken to your engagement site to participate and provide feedback. You may customize the visual appearance when embedded on your site to match and the projects displayed will automatically update as new projects are published. Authorized Single Sign On (SSO) for Administrators Create a simple and secure login process with SSO. Connect your existing staff database to your EngagementHQ platform allowing your administrators to use the same login for all systems. Your IT team maintains access to your systems and passwords can follow your internal security protocols. Email client integration Connect your email service provider account with EngagementHQ and run branded email campaigns to promote your digital engagement projects. We currently integrate with Campaign Monitor, Emma, Mailchimp, Vision6 and Constant Contact, others to be added based on need. EngagementHQ Marketplace Continued 34Bang the Table ProspectusReturn to contents page Partnership Integrations Bang the Table has partnered with other leading solution providers around the world to build a comprehensive ecosystem for community engagement practitioners BUDGET ENGAGEMENT BALANCING ACT Balancing Act budgeting software embeds seamlessly within an EngagementHQ project page, enabling you to run interactive budget simulations for residents to explore various budget scenarios and get feedback during your budgeting process. PDF/CONTENT ENGAGEMENT KONVEIO Engage with stakeholders around official documents such as city plans or PDF reports, directly in EngagementHQ. The Konveio software embeds seamlessly in a project page and makes interactive publishing, reviewing and commenting on city documents more social. Participants can add feedback, expand on ideas with contextual insights, or add rich media overlays right within the shared PDF document. SMS ENGAGEMENT MESSAGE MEDIA Send bulk SMS (text) messages to promote your engagement projects and close the loop with your community. The Message Media platform integrates with EngagementHQ, allowing you to send Quick Polls or Forum postings to stakeholders and funnel those replies automatically into your EngagementHQ site for further analysis. GOVDELIVERY SUBSCRIBER NETWORK GRANICUS Through our partnership with Granicus, EngagementHQ can be integrated with your govDelivery account allowing you to proactively solicit, receive and analyze feedback on your engagement projects through your subscriber network. Participants that follow your projects on EngagementHQ will also be added to your govDelivery network. EngagementHQ Marketplace Continued 35Bang the Table ProspectusReturn to contents page Technical Specifications 36Bang the Table ProspectusReturn to contents page Security and Privacy Bang the Table takes the protection of your information and the information of your community extremely seriously. We have made a commitment to comply with the standards of all jurisdictions in which we do business. We have outlined some of the measures that are a result of this commitment to information security. As always, we are happy to provide further detail when requested. Compliance ISO 27001 Our information security management system (ISMS) which underpins all of our operations has been successfully certified to ISO/IEC 27001:2013, the global standard for information security management. GDPR The European Union’s General Data Protection Regulation (GDPR) protects European Union data subjects’ fundamental right to privacy and the protection of personal data. It introduces robust requirements that will raise standards for data protection, security, and compliance. Security We go to great lengths to protect the data we store for you. APPLICATION Our applications are continually monitored and tested for security weaknesses by our Engineering team. We perform regular and ongoing internal application security assessments to discover and mitigate potential weaknesses based on OWASP rating and methodology. We use automated tools as well as manual testing processes to make sure we are as secure as possible all of the time. The operating systems and databases running our servers are continually monitored and patched with the latest security fixes by Rackspace. The web framework is continually monitored and patched by our internal development teams. 37Bang the Table ProspectusReturn to contents page An independent third party carries out comprehensive Vulnerability Assessment and Penetration Testing (VAPT) of EngagementHQ once a quarter. Results of the latest VAPT are available upon request. DATA We have strict data access rules in place with detailed logging to prevent theft and misuse. Access is limited to key personnel involved in maintaining our services and support. Interaction with client data is only at the request of the client. EngagementHQ provides role-based access controls with unique usernames and one- way password encryption to help clients manage their own logins. SSL certificates and Single Sign On integration are available for further protection. Data is stored within a mySQL database on AWS RDS with attachments stored within AWS S3. All data stored on AWS RDS is encrypted using AWS provided - AES-256-GCM encryption standards. Amazon RDS has multiple features that enhance reliability for critical production databases, including automated backups, DB snapshots, automatic host replacement, and Multi- AZ deployments. NETWORK Our application is hosted on the large, Internet-scale, world-class infrastructure that benefits from the same engineering expertise that has built Amazon into the world’s largest online retailer. AWS’s networks are multi-homed across a number of providers to achieve Internet access diversity. We utilize the Amazon Virtual Private Cloud (VPC) to create an isolated ecosystem for EngagementHQ. The AWS network uses proprietary mitigation techniques providing significant protection against traditional security issues such as Distributed Denial of Service (DDoS) Attacks, Man in the Middle (MITM) Attacks, IP Spoofing, Port Scanning, etc. Additionally, our inbound firewalls are configured to permit only the absolute minimum connectivity required to provide the service to our clients. Any changes to the access rules require authorization. Privacy Bang the Table makes no use of the personal information provided by your community. This is your data and we will only access this information to render assistance as part of a support ticket. We log and audit all such access. Security and Privacy Continued 38Bang the Table ProspectusReturn to contents page Hosting INFRASTRUCTURE Your EngagementHQ site is hosted on Amazon Web Services (AWS) infrastructure within your jurisdiction as below: AWS is the leading cloud services provider in the world. Their suite of products and services, security controls, scalability, reliability, astonishing number of datacenters, flexibility and continued innovation make them the absolute best choice for hosting in the cloud. AWS cloud infrastructure meets the requirements of an extensive list of global security standards, including ISO 27001 and SOC. See the AWS Compliance page at: aws.amazon.com/compliance for more information. MANAGED SERVICES We have contracted Rackspace to manage our hosting environment 24x7. They provide us with operational and strategic support to ensure our systems are best- in-class, secure and available at all times. Like AWS, Rackspace are a global company certified for a wide range of international security standards confirming their operations are safe and trustworthy, see: www.rackspace.com/certifications. AVAILABILITY AND DISASTER RECOVERY We guarantee 99.75% availability and our uptimes have historically remained above “three 9s” (99.9%). Our guarantee is backed by our SLAs. Even though we take all conceivable measures to ensure our service to you is uninterrupted, as with life, major events completely beyond our control can interrupt our service. We take nightly backups and have a well-tested recovery plan in place to minimize potential disruption from major events. Our Disaster Recovery plan is tested annually or when there is a major change in our environment, either to our infrastructure or application. Lessons learned from these tests are incorporated back into the plan. COUNTRY HOSTING LOCATION Australia AWS, Asia Pacific (Sydney) New Zealand AWS, Asia Pacific (Sydney) Canada AWS, Canada (Central) United Kingdom AWS, EU (London) United States of America AWS, US West (Northern California) 39Bang the Table ProspectusReturn to contents page Accessibility EngagementHQ is compliant with version 2.1 of the Web Content Accessibility Guidelines (WCAG 2.1) to Level AA standards. An independent third party carries out a comprehensive Accessibility audit of EngagementHQ once a quarter. Results of the latest audit are available upon request. While the guidelines set out in WCAG 2.1 recognize that it is not possible to conform for some types of content, we have undertaken a commitment to continually work on this and leverage new technology to further improve accessibility. We do this by keeping up to date with the latest advances in accessibility techniques and acting on recommendations from the quarterly audits. We also treat any issues identified by clients or participants as a matter of urgency and remain responsive to address the issues. Device Compatibility EngagementHQ is designed for small and large screen sizes, providing an accessible and full functionality experience for the community from mobile phones, tablets, and desktop devices. EngagementHQ supports the full range of major browsers including: • Microsoft Edge and Internet Explorer (IE) 11 • Chrome 40 and above • Firefox 35 and above • Safari 7 and above Thank you for your consideration! 970-748-4055 swright@avon.org 970-300-4373 pwisor@garfieldhecht.com TO: Honorable Mayor Smith Hymes and Council Members FROM: Paul Wisor, Town Attorney; Scott Wright Assistant Town Manager and Finance Director RE: Ordinance 20-09 – Amendment to Section 3.08 of the AMC To Provide for the Collection of Taxes on Remote Sales DATE: August 4, 2020 SUMMARY: Ordinance 20-09 is provided to Council in order to assure the Town can collect sales taxes through a newly established statewide portal, and do so in compliance with certain standards set forth in a recent Supreme Court case. BACKGROUND: In 2018, the United States Supreme Court issued its opinion in South Dakota v. Wayfair, holding states may impose taxes on sales made by sellers without a physical presence in the state in which the tax was imposed. The Court reasoned such a tax is permissible so long as the taxing system is not overly burdensome on the out-of-state sellers. In response to Wayfair, the Colorado General Assembly adopted, and the Governor signed, SB 19-06, which provides for the establishment of a Sales and Use Tax Software system (“SUTS”). SUTS is an internet portal that provides for the collection of remittance of sales and use taxes (of course, Avon does not currently have a use tax). SUTS is intended, in light of Wayfair, to establish a less burdensome means by which sellers may remit sales and use taxes. In order to assure it is able to collect sales taxes imposed on out-of-state sellers without a physical presence in Avon, the Town has entered into an agreement with the State to join SUTS. PROPOSED ORDINANCE: In Wayfair, the Supreme Court made clear that any system that imposed sales taxes on out-of-state sellers without a physical presence in the taxing jurisdiction could not place an undue burden on the seller. SUTS goes a long way to easing perceived burdens on out-of-state sellers. However, Colorado, more so than other states, has a myriad of taxing jurisdictions with a variety of approaches to the imposition and collection of sales taxes, including statutory municipalities, special districts and self-collecting home rule municipalities. As such, out-of-state sellers are forced to comply with hundreds of regulatory approaches to sales tax collection. A working group formed by the Colorado Municipal League and the Colorado Department of Revenue determined uniformity with respect to basic provisions in sales tax ordinances would reduce the burdens on out-of-state sellers, and therefore assure municipalities, including the Town, would be in compliance with Wayfair when utilizing SUTS. Therefore, CML and the Department of Revenue have strongly recommended all home rule municipalities utilizing SUTS adopt the provisions contained in Ordinance 20-09. In order to enhance compliance with Wayfair, Ordinance 20-09 adopts certain uniform definitions: Economic Nexus Engaged in business in the Town Marketplace Marketplace facilitator Marketplace seller Multichannel seller Page 2 of 2 Vendor The ordinance also clarifies that third-party facilitators must provide for the remittance of taxes owed by out- of-state sellers. FINANCIAL CONSIDERATIONS: Adoption of Ordinance 20-09 will not result in additional Town expenditures. RECOMMENDATION: Staff recommends approval of Ordinance 20-09. PROPOSED MOTION: “I move to approve on Second Reading Ordinance 20-09, amending Chapter 3.08 of the Avon Municipal Code to provide for the collection of taxes on remote sales.” Thank you, Paul and Scott ATTACHMENTS: Exhibit A – Ordinance 20-09 Ord 20-09 AMENDING CODE SECTION 3.08 – August 11, 2020 Page 1 of 6 ORDINANCE NO. 20-20-09 AMENDING SECTION 3.08 OF THE AVON MUNICIPAL CODE TO PROVIDE FOR THE COLLECTION OF TAXES ON REMOTE SALES WHEREAS, the Town of Avon, Colorado, (the “Town”), is a home rule municipality, organized and existing under Article XX, Section 6 of the Colorado Constitution; and WHEREAS, pursuant to Article XX, Section 6 of the Colorado Constitution, the right to enact, administer and enforce sales taxes is clearly within the constitutional grant of power to the Town and is necessary to raise revenue with which to conduct the affairs and render the services performed by the Town; and WHEREAS, pursuant to such authority, the Town has adopted and enacted a Sales Tax Code (the “Code”), under which Town sales tax is levied on all sales and purchases of tangible personal property or taxable services at retail unless prohibited, as applicable to the provision of this Ordinance, under the Constitution or laws of the United States; and WHEREAS, the United States Supreme Court in South Dakota v. Wayfair, 138 S.Ct. 2080 (2018), overturned prior precedent and held that a State is not prohibited by the Commerce Clause of the United States Constitution from requiring a retailer to collect sales tax based solely on the fact that such retailer does not have a physical presence in the State (“Remote Sales”); and WHEREAS, based upon such decision, the retailer’s obligation to collect Remote Sales is no longer based on the retailer’s physical presence in the jurisdiction by the Constitution or law of the United States, and the Code needs to be amended to clearly reflect such obligation consistent with said decision; and WHEREAS, the delivery of tangible personal property, products, or services into the Town relies on and burdens local transportation systems, emergency and police services, waste disposal, utilities and other infrastructure and services; and WHEREAS, the failure to tax remote sales creates incentives for businesses to avoid a physical presence in the State and its respective communities, resulting in fewer jobs and increasing the share of taxes to those consumers who buy from competitors with a physical presence in the State and its municipalities; and WHEREAS, it is appropriate for Colorado municipalities to adopt uniform definitions within their sales tax codes to encompass marketplace facilitators, marketplace sellers, and multichannel sellers that do not have a physical presence in the Town, but that still have a taxable connection with the Town; WHEREAS, the goal of adopting this ordinance is to join in on the simplification efforts of all the self-collecting home rule municipalities in Colorado; and Exhibit A Ord 20-09 AMENDING CODE SECTION 3.08 – August 11, 2020 Page 2 of 6 WHEREAS, this ordinance provides a safe harbor to those who transact limited sales within the Town; and WHEREAS, absent such amendment, the continued failure of retailers to voluntarily apply and remit sales tax owed on remote sales exposes the municipality to unremitted taxes and permits an inequitable exception that prevents market participants from competing on an even playing field; and WHEREAS, the Town adopts this ordinance with the intent to address tax administration, and, in connection with, establish economic nexus for retailers or vendors without physical presence in the State and require the retailer or vendor to collect and remit sales tax for all sales made within the marketplace. 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 by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Section 3.08.010 - Words and phrases defined. The following definitions contained in Section 3.08.010 are hereby amended to read as follows with strike out indicating language to be deleted and underline indicating language to be adopted: Economic Nexus means the connection between the Town and a person not having a physical nexus with the State of Colorado, which connection is established when the person or marketplace facilitator makes retail sales into the Town, and: a.In the previous calendar year, the person, which includes a marketplace facilitator, has made retail sales into the state exceeding the amount specified in C.R.S. § 39-26-102(3)(c); or b. In the current calendar year, 90 days has passed following the month in which the person, which includes a marketplace facilitator, has made retail sales into the state exceeding the amount specified in C.R.S. § 39-26-102(3)(c). This definition does not apply to any person who is doing business in this state but otherwise applies to any other person. Engaged in Business in the Town means performing or providing services or selling, leasing, renting, delivering or installing tangible personal property, products, or services for storage, use or consumption, within the Town. Engaged in Business in the Town includes, but is not limited to, any one (1) of the following activities by a person: a.Directly, indirectly, or by a subsidiary maintains a building, store, office, salesroom, warehouse, or other place of business within the taxing jurisdiction; b. Sends one (1) or more employees, agents or commissioned salespersons into the taxing Exhibit A Ord 20-09 AMENDING CODE SECTION 3.08 – August 11, 2020 Page 3 of 6 jurisdiction to solicit business or to install, assemble, repair, service, or assist in the use of its products, or for demonstration or other reasons; c.Maintains one (1) or more employees, agents or commissioned sales persons on duty at a location within the taxing jurisdiction; d. Owns, leases, rents or otherwise exercises control over real or personal property within the taxing jurisdiction; e.Makes more than one delivery into the taxing jurisdiction within a twelve-month period; or f.By any means other than a common carrier Makes retail sales sufficient to meet the definitional requirements of economic nexus as set forth in this section Marketplace means a physical or electronic forum, including, but not limited to, a store, a booth, an internet website, a catalog, or a dedicated sales software application, where tangible personal property, taxable products, or taxable services are offered for sale. Marketplace Facilitator a.Means a person who: (1) Contracts with a marketplace seller or multichannel seller to facilitate for consideration, regardless of whether or not the consideration is deducted as fees from the transaction, the sale of the marketplace seller’s tangible personal property, products, or services through the person’s marketplace; (2) Engages directly or indirectly, through one or more affiliated persons, in transmitting or otherwise communicating the offer or acceptance between a purchaser and the marketplace seller or multichannel seller; and (3) Either directly or indirectly, through agreements or arrangements with third parties, collects payment from the purchaser on behalf of the seller. b.Marketplace Facilitator does not include a person that exclusively provides internet advertising services or lists products for sale, and that does not otherwise meet this definition. Marketplace Seller means a person, regardless of whether or not the person is engaged in business in the Town, which has an agreement with a marketplace facilitator and offers for sale tangible personal property, products, or services through a marketplace owned, operated, or controlled by a marketplace facilitator. Multichannel Seller means a retailer that offers for sale tangible personal property, commodities, or services through a marketplace owned, operated, or controlled by a marketplace facilitator, and through other means. Retailer or Vendor means any person selling, leasing, renting, or granting a license to use tangible personal property or services at retail. Retailer shall include, but is not limited to, any: Exhibit A Ord 20-09 AMENDING CODE SECTION 3.08 – August 11, 2020 Page 4 of 6 a.Auctioneer; b. Salesperson, representative, peddler or canvasser, who makes sales as a direct or indirect agent of or obtains such property or services sold from a dealer, distributor, supervisor or employer; c.Charitable organization or governmental entity which makes sales of tangible personal property to the public, notwithstanding the fact that the merchandise sold may have been acquired by gift or donation or that the proceeds are to be used for charitable or governmental purposes; d. Retailer-contractor, when acting in the capacity of a seller of building supplies, construction materials, and other tangible personal property.; e.Marketplace facilitator, marketplace seller, or multichannel seller. Section 3. Amendment to Section 3.08.020 – Sales tax levy. Section 3.08.020 is hereby amended by the addition of the following new subsection (5): (5) Upon the purchase price paid or charged upon all marketplace sales (a) (1) A marketplace facilitator engaged in business in the Townis required to collect and remit sales tax on all taxable sales made by the marketplace facilitator, or facilitated by it for marketplace sellers or multichannel sellers to customers in the Town, whether or not the marketplace seller for whom sales are facilitated would have been required to collect sales tax had the sale not been facilitated by the marketplace facilitator. (2) A marketplace facilitator shall assume all the duties, responsibilities, and liabilities of a retailer or vendor as defined by Section 3.08.010. Marketplace facilitators shall be liable for the taxes collected from marketplace sellers or multichannel sellers. The Town may recover any unpaid taxes, penalties, and interest from the marketplace facilitator that is responsible for collecting on behalf of marketplace sellers or multichannel sellers. (3) The liabilities, obligations, and rights set forth under this article are in addition to any duties and responsibilities of the marketplace facilitator has under this article if it also offers for sale tangible personal property, products, or services through other means. (4) A marketplace seller, with respect to sales of tangible personal property, products, or services made in or through a marketplace facilitator’s marketplace, does n ot have the liabilities, obligations, or rights of a retailer under this article if the marketplace seller can show that such sale was facilitated by a marketplace facilitator: a. With whom the marketplace seller has a contract that explicitly provides that the marketplace facilitator will collect and remit sales tax on all sales subject to tax under this article; or b. From whom the marketplace seller requested and received in good faith a certification that the marketplace facilitator is registered to collect sales tax and will collect sales tax on all sales subject to tax under this article made in or through the marketplace facilitator’s marketplace. (5) If a marketplace seller makes a sale that is not facilitated by a licensed marketplace facilitator in a marketplace, the marketplace seller is subject to all of the same licensing, collection, remittance, filing and recordkeeping requirements as any other retailer.. Exhibit A Ord 20-09 AMENDING CODE SECTION 3.08 – August 11, 2020 Page 5 of 6 (b) Auditing. With respect to any sale, the Town shall solely audit the marketplace facilitator for sales made by marketplace sellers or multichannel sellers but facilitated by the marketplace. The Town will not audit or otherwise assess tax against marketplace sellers or multichannel sellers for sales facilitated by a marketplace facilitator. Section 4. No retroactive application. No obligation to collect the sales and use tax required by this article may be applied retroactively. Responsibilities, duties and liabilities described in Section 5(a) of a marketplace facilitator, marketplace seller, or multichannel seller begin upon licensure or when the municipal sales taxes were first collected from taxable sales made to retail customers prior to licensure. Section 5. Severability. If any provision of this ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This ordinance shall become effective on the first day of the month that is at least thirty (30) days after date of its adoption. 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. [SIGNATURE PAGE FOLLOWS] Exhibit A Ord 20-09 AMENDING CODE SECTION 3.08 – August 11, 2020 Page 6 of 6 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on July 28, 2020 and setting such public hearing for August 11, 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 August 11, 2020. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Paul Wisor, Town Attorney Exhibit A 970-748-4034 rmckenner@avon.org 970-748-4118 gpadilla@avon.org 970-300-4373 pwisor@garfieldhecht.com TO: Honorable Mayor Smith Hymes and Council Members FROM: Paul Wisor, Town Attorney; Robert McKenner, IT Manager; Gary Padilla, Director of Public Works RE: Ordinance 20-10 – Amendment to Section 12.04.380 of the Avon Municipal Code to Require the Installation of Conduit in Public Streets DATE: August 4, 2020 SUMMARY: Ordinance 20-10 is provided to Council in order to grant authority to the Town Manager and Director of Public Works to require the installation of conduit in connection with the issuance of a street excavation permit. BACKGROUND: As a general matter, installing high-speed fiber-optic infrastructure is incredibly expensive. A Federal Highway Administration report estimates up to 90 percent of this cost was tied up in the process of actually digging up roadways rather than the fiber lines themselves. As a result, many municipalities have pursued the concept of future-proofing public rights-of-ways during road construction projects. This concept, referred to as “Dig Once,” mandates the inclusion of broadband conduit —flexible plastic pipes which can be used to more easily install fiber-optic communications cable— during the construction of any road, so fiber and broadband can be installed with greater ease in the future. This practice effectively eliminates the need to dig up recently-paved roads to expand broadband infrastructure, significantly reducing the cost of building out internet access. PROPOSED ORDINANCE: Ordinance 20-10 would codify the Dig Once policy articulated above. It would require permittees to place conduit in the right-of-way and under public street streets as a condition of street cut permits where construction/digging into the right of way is necessary. The Town Manager or Director of Public Works is empowered to impose requirements for such installation, and place conditions of the permits they deem necessary and appropriate. Ordinance 20-10 also empowers the Town Manager and Director or Public Works to adopt whatever regulations it may deem necessary to implement and enforce the provisions of the ordinance. FINANCIAL CONSIDERATIONS: Adoption of Ordinance 20-10 will not result in additional Town expenditures. RECOMMENDATION: Staff recommends approval of Ordinance 20-10. PROPOSED MOTION: “I move to approve on Second Reading Ordinance 20-10, amending Section 12.04.380 of the Avon Municipal Code to require the installation of conduit in public streets .” Thank you, Paul Robert and Gary ATTACHMENTS: Exhibit A – Ordinance 20-10 Ord 20-10 AMENDING CODE SECTION 12.04.380 – August 11, 2020 Page 1 of 4 ORDINANCE NO. 20-10 AMENDING SECTION 12.04.380 OF THE TOWN MUNICIPAL CODE TO REQUIRE THE INSTALLATION OF CONDUIT IN PUBLIC STREETS WHEREAS, the Town of Avon, Colorado (“Town”) is a Colorado home rule municipality with all the powers granted to it under its home rule charter and to all municipalities under the laws of the State of Colorado; and WHEREAS, such powers include regulating the use of and construction within Town- owned streets and rights-of-way; and WHEREAS, as stated in Section 12.04.010 of the Town Municipal Code (“Code”), work within the public ways must be regulated in the interest of the public health, welfare and safety for the protection of the people of the Town and of all persons using or relying upon the public ways of the Town; and WHEREAS, to ensure that the infrastructure needed to provide telecommunication, broadband, and other similar services to residents of the Town is available and to facilitate the Town’s ability to provide those services, it is desirable that empty conduit be installed in Town streets when they are otherwise opened in connection with public or private construction in Town rights-of-way; and WHEREAS, the Town Council finds that having the ability to require the installation of empty conduit in public streets 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. Section 12.04.380 of the Town Code is hereby amended to include a new subsection, which subsection shall be known as 12.04.380(14) and provide as follows: Exhibit A Ord 20-10 AMENDING CODE SECTION 12.04.380 – August 11, 2020 Page 2 of 4 (14) Conduit. As a condition of performing work in a public way and obtaining a permit for the same as provided in this Chapter, the Town Manager or Director of Public Works may require the installation of empty shadow conduit with tracer wire and associated infrastructure at the cost and expense of the permit holder. The Town Manager or Director of Public Works has the discretion to require the installation of such conduit when a permit is issued for the following: a.A pit, trench, hole, opening, digging or excavation across the entire paved width of a roadway; b. A pit, trench, hole, opening, digging or excavation of 100 feet or more parallel to a roadway; or c.Any other pit, trench, hole, opening, digging or excavation that provides a similar opportunity to install shadow conduit. The Town Manager or Director of Public Works may adopt permit application forms, procedures and criteria which are not inconsistent with this Section 12.04.380. The security posted for a permit issued under this Chapter will not be returned until a shape file compatible with ARC GIS noting the location(s) of the shadow conduit is provided to the Director of Public Works. Conduit specifications must comply with the Town’s Public Works Manual, as may be amended from time to time, and/or as may be approved by the Director of Public Works. The minimum conduit size must be two inches in diameter, and it is within the Town Manager or Director or Public Works’ discretion to require larger diameters. 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. Exhibit A Ord 20-10 AMENDING CODE SECTION 12.04.380 – August 11, 2020 Page 3 of 4 Section 6. 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 7. 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] Exhibit A Ord 20-10 AMENDING CODE SECTION 12.04.380 – August 11, 2020 Page 4 of 4 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on July 28, 2020, and setting such public hearing for August 11, 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 August 11, 2020. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Paul Wisor, Town Attorney Exhibit A 970-748-4045 jhildreth@avon.org TO: Honorable Mayor Smith Hymes and Council Members FROM: Justin Hildreth, Town Engineer RE: Notice of Award – Avon Road Storm Water Quality Improvements Project DATE: August 6, 2020 SUMMARY: Staff requests Council authorization to issue Notice of Award for construction of the Avon Road Storm Water Quality Project as approved in the Town of Avon 2020 Capital Projects Fund. DISCUSSION: The Avon Road Storm Water Quality Project generally consists of the installation of two underground vaults which collect sediment and trash before discharging storm water into the Eagle River. The current Avon Road storm sewer system runs on both sides of Avon Road and does not include storm water treatment before discharging into the Eagle River. The environmental section the Town of Avon Strategic Plan includes the installation of the vaults as a priority. The east vault will be located adjacent to the Christy Sports parking lot and the west vault will be located near 30 West Benchmark Road. Staff advertised the Project for (3) weeks on the Town website, local newspapers, and on Bidnetdirect.com. The Bid Opening was held on July 30th and 8 bids were received: Schofield Excavation, Inc. $249,010.45 Frontier Environmental Services, LLC $399,767.00 Gould Construction, Inc. $317,237.32 Ewing Trucking & Construction, LLC $349,776.50 Phoenix Industries, LLC $332,772.63 RA Nelson, LLC $436,017.50 United Companies $331,618.45 Mueller Construction Services, Inc. $600,772.00 Staff recommends issuance of the Notice of Award to the low bidder, Schofield Excavation, Inc. (“Schofield”). Schofield is based in Gypsum, CO and has worked successfully for the Town and most recently worked on the Avon Apartments project and the Edwards Spur Road widening. CONSTRUCTION SCHEDULE: The current schedule is to complete the project by the November 15, 2020 but this is a tight schedule. The lead time for the two water quality vaults is 10 to 12 weeks and any delay will result in the project being constructed in spring 2021. FINANCIAL CONSIDERATIONS: The current Capital Projects Fund (“CPF”) budget includes $210,000 for the east vault in 2020, $23,000 to design the west vault and $230,000 for the west vault in 2021. As part of the next budget amendment, $78,036.65 will have to be moved from the 2021 budget to the 2020 budget. The Schofield bid will result in a reduction of appropriated CPF expenses in the amount of $151,963.35, which can be returned to the fund balance. Page 2 of 2 The Project cost estimate is shown in Table 1 below and includes 10 % contingency. Table 1: Avon Road Storm Water Repairs Project Budget Available Funds in 2020 and 2021 Budget: $463,000 Construction Cost $249,010.45 Contingency (10%) $ 24,901 Construction Administration Services $ 10,000 Design Services $ 27,125 Total $311,036.45 Reduction of Appropriated Project Expenses: $151,963.55 RECOMMENDATION: This project will substantially reduce stormwater run-off water quality impacts to the Eagle River from Avon Road. Council has supported and planned for this project for several years in the CPF. I recommend Council authorization to award the Avon Road Storm Water Quality Project contract to the low bidder, Schofield, in the amount of $249,010.45. PROPOSED MOTION: “I move to authorize issuance of the Notice of Award for the Avon Road Storm Water Quality Project contract to the low bidder, Schofield, in the amount of $249,010.45 and in the next CPF budget amendment increase the 2020 CPF budget line item by $78,036.36.” Thank you, Justin 970.748.4034 rmckenner@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Robert McKenner, I.T. Manager RE: 5G Wireless Safety and Legal Review DATE: August 5, 2020 SUMMARY: In 2019 mobile phone company started the mass roll out of fifth generation (5G) of wireless communications. 5G has the potential of increasing data transmission rates ten -fold over the older 4G wireless technology (What 5G means for our health). With the introduction of any technology that transmits radio waves there is concern of possible health effects created by the technology. Although 5g is a new technology, to date, and after much research performed, no adverse health effect has been causally linked with exposure to wireless technologies. Health-related conclusions are drawn from studies performed across the entire radio spectrum but, so far, only a few studies have been carried out at the frequencies to be used by 5G (5G mobile networks and health). Prior to the rollout of 5G the mobile companies lobbied with Federal and State legislation to set regulations on what local municipalities are able to manage the technology implementations. How mobile phones work: In the most basic form, a cell phone is essentially a two-way radio, consisting of a radio transmitter and a radio receiver. When you chat with your friend on your cell phone, your phone converts your voice into an electrical signal, which is then transmitted via radio waves to the nearest cell tower. The network of cell towers then relays the radio wave to your friend’s cell phone, which converts it to an electrical signal and then back to sound again. In the basic form, a cell phone works just like a walkie - talkie. (How Do Cell Phones Work?) Radio waves: Cell phones use radio waves to communicate. Radio waves transport digitized voice or data in the form of oscillating electric and magnetic fields, called the electromagnetic magnetic field (EMF). The rate of oscillation is called frequency. Radio waves carry the information and travel in air at the speed of light. Cell phones transmit radio waves in all directions. The waves can be absorbed and reflected by surrounding objects before they reach the nearest cell tower. For example, when the phone is placed next to your head during a call, a significant portion (over half in many cases) of the emitted energy is absorbed into your head and body. In this event, much of the cell phone’s EMF energy is wasted and no longer available for communication. (How Do Cell Phones Work?) The hazards of radio waves: Root of all concerns about cell phone networks is radiofrequency radiation (RFR). RFR is anything emitted in the electromagnetic spectrum, from microwaves to x-rays to radio waves to light from your monitor or light from the sun. Scientists say that the most important criterion about whether any particular RFR is dangerous is whether it falls into the category of ionizing or non-ionizing radiation. Simply put, any radiation that’s non-ionizing is too weak to break chemical bonds. That includes ultraviolet, visible light, infrared, and everything with a lower frequency, like radio waves. Everyday technologies like power lines, FM radio, and Wi -Fi also fall into this range. Dr. Steve Novella, an assistant professor of neurology at Yale and the editor of Science-Based Medicine, understands that people generally get concerned about radiation. “Using the term radiation is misleading because people think of nuclear weapons—they think of ionizing radiation that absolutely can cause Page 2 of 3 damage. It can kill cells. It can cause DNA mutations.” But since non-ionizing radiation doesn’t cause DNA damage or tissue damage, Novella says that most concern about cell phone RFR is misplaced. “There’s no known mechanism for most forms of non-ionizing radiation to even have a biological effect,” he says. (How Worried Should You Be About the Health Risks of 5G?) 5G: 5G has the potential 10 times faster than the previous 2G and 4G systems. The increase in data transfer rate in in part because 5G uses the greater bandwidth available at higher frequencies (still in the lower frequency range), including the so-called millimeter-wave (MMW) band. Because MMW do not penetrate foliage and building materials as well as lower-frequency signals, many lower-power “small cell” transmitters will be needed to provide effective indoor coverage. Some 5G systems will have “beamforming” antennas that transmit signals to individual users as they move around, which means that nonusers will have less exposure. (‘Very Low’ Risk of Unknown Health Hazards from Exposure to 5G Wireless Networks) Legal: In light of limitations imposed by state and federal legislation, discussed further below, the Town has very little leeway in its ability to regulate the presence of 5G facilities. In fact, the Town, and other municipalities throughout the country, cannot prohibit the installation of 5G infrastructure. What the Town can, and what it has addressed in the existing code, are the design aspects of new 5G infrastructure to minimize the visual impact that these facilities can have on the Avon community. In 2017, the Colorado General Assembly adopted House Bill 17 -1193, which mandates the siting, mounting, placement, construction and operation of small cell facilities and small cell networks is a permitted use by right in any zone district. HB 17-1193 also provides telecommunication companies the right to locate telecommunication facilities, including small cell facilities, on municipal light poles, light standards, traffic signals and utility poles within a city right-of-way. Further, it mandated a 90 day review period by which municipalities have to process applications for small cell facilities, and 150 day s to process new structure or new wireless service facilities other than small cell facilities. At the federal level, the FCC approved the Streamlining Deployment of Next Generation Wireless Infrastructure Declaratory Ruling and Third Report and Order in 2018. The order provides municipalities shall not prohibit or effectively prohibit installation of 5G infrastructure. The Order also limits fees local governments are able to assess on telecommunications companies for the placement, construction or co - location of new wireless service facilities. Additionally, the ruling provides local governments only 60 days to evaluate applications from wireless companies to attach 5G small cells to existing structures and just 90 days to review applications for equipment on entirely new structures. These “shot clocks” effectively prevent local governments from properly evaluating and assessing 5G deployment applications. The FCC’s order went into effect on January 14, 2019; however, several lawsuits were filed by municipalities across the country. Those cases have been consolidated and are under consideration by the Ninth Circuit Court of Appeals. For its part, Avon adopted regulations with respect to small cell facilities to comply HB 17-1193, which are found in Chapter 12.20, which complies with the parameters set forth in the FCC Order. Chapter 12.20 sets forth an expedited permitting process for the installation of small cell fa cilities and small cell networks within the Town of Avon's right-of-ways. Chapter 12.20 also sets forth minimum design standards and criteria to insure that the installation of small cell facilities does not result in visual clutter or detract from the existing and planned aesthetic design of the Town of Avon right-of-way streetscapes and that the Page 3 of 3 installation of small cell facilities does not interfere with the existing and future use of Town of Avon right -of- ways. Chapter 12.20 represents the extent to which the Town can regulate 5G under current law. Some municipalities have attempted to ban 5G installation on the basis of their ability to protect public health and the environment, but those municipalities were immediately sued by telecommunication providers. Resolution of the cases pending before the Ninth Circuit, and then likely the Supreme Court, will provide guidance on the Town’s ability to regulate 5G further, if at all. References World Health Organization, 5G mobile networks and health, 27 February 2020, accessed 8/4/2020, <https://www.who.int/news-room/q-a-detail/5g-mobile-networks-and-health> Nature.com, What 5G means for our health, accessed 8/4/2020, <https://www.nature.com/articles/d42473-019-00009-7> National Center for Biotechnology Information, Myrtill Simkó and Mats-Olof Mattsson, 5G Wireless Communication and Health Effects—A Pragmatic Review Based on Available Studies Regarding 6 to 100 GHz, published online 9/13/2019, accessed 8/4/2020, <https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6765906/> Newswise.com, Wolters Kluwer, ‘Very Low’ Risk of Unknown Health Hazards from Exposure to 5G Wireless Networks, published 6/24/2020, accessed 8/4/2020, <https://www.newswise.com/articles/very-low-risk-of-unknown-health-hazards-from-exposure-to-5g- wireless-networks> Howtogeek.com, Dave Johnson, How Worried Should You Be About the Health Risks of 5G?, Updated 3/31/2020, accessed 8/4/2020, <https://www.howtogeek.com/423720/how-worried-should-you-be-about-the-health-risks-of-5g/> Pongcase.com, How Do Cell Phones Work?, accessed 8/4/2020 , <https://pongcase.com/blog/cell-phones- work/#:~:text=In%20the%20most%20basic%20form,to%20the%20nearest%20cell%20tower.> 970.748.4059 jcurutchet@avon.org TO: Honorable Mayor Sarah Smith Hymes and Council Members FROM: John Curutchet, Recreation Director RE: Recreation Center Financial Update DATE: August 5, 2020 SUMMARY: This report provides an update on the Avon Recreation Center financial outlook for 2020 and 2021 as impacted by the COVID-19 public health orders. This topic is presented as a work session to provide an opportunity for Council members to ask questions or provide direction. Unless there is a change in direction, Staff will continue to keep the Avon Recreation Center open with the goal to maximize public usage while implementing all COVID-19 public health order requirements. BACKGROUND: The Town of Avon closed all operations of the Recreation Department March 13, 2020 in response to COVID-19 public health orders issued by Eagle County. At that time the anticipated reopening was April 8,2020. COVID-19 continued to spread, and public health orders pushed the closure to a nebulous, “closed until further notice”. On April 3, 2020, eight of ten full-time staff members and roughly 70 part-time staff were placed on lay off status by the Town. The layoffs were projected to continue through May 31, 2020. Council approved a COVID-19 Town-wide budget revision on April 7, 2020. Savings from all Departments totaled, $820,291.00; $208,016 from personnel, $140,000 of that from Recreation Department layoffs. The Recreation Department created other opportunities for savings through lower levels of staffing, deferring non-essential projects and shifting some exempt status staff to non-exempt, front line duties. The Avon Recreation Center reopened June 1, 2020 under rigid COVID-19 protocols for safety. FINANCIAL: Implications introduced from the COVID-19 Pandemic have challenged the Recreation Department in many ways. Implementation of the Eagle County public health orders has substantially restricted the number of patrons that can use the Recreation Center at any given time which directly impacts the Recreation Center revenues. At the same time the Avon Recreation Center has new and increased costs to implement the COVID-19 safety protocols. COVID-19 has substantially impacted the 2020 budget for the Avon Recreation Center. The proposed 2021 operational expense budget reflects a decrease of $492,627.00 over the 2020 adopted expense budget and highlights significant expenditure cuts in personnel services from PTS wages. Also, many of our full- time supervisor level staff will remain non-exempt to perform front line duties as we transition from a growth-based budget to a need-based expense budget. Commodities line items have also been decreased and non-essential equipment replacement projects have been deferred. It has been the focus and goal to obtain 100% expense recovery in the Avon Recreation Center operations for several years, which was more or less accomplished in recent years. A historical lookback from 2007 through 2012 illustrates that the Avon Recreation Department operated at higher levels of subsidy from the Town than is projected for 2020, (Illustration A). 2021 Recreation Department proposed operational budget reflects expenditures of $1,388,229 and projects revenues at $1,047,417 which amounts to a 75% expense recovery. A trend different from our operational expense recovery of the past five years but compared to the Municipal Recreation industry, a very strong recovery, (Illustration B). If there is a widely available vaccine in 2021 and public health orders are lifted, 970.748.4059 jcurutchet@avon.org we would expect the Avon Recreation Center to return towards the operational expenses and revenues experienced in recent years. The timeframe for full recovery under this scenario is too speculate to project at this time. Illustration A. Historical view of department expense recovery YEAR: EXPENSE: REVENUE: %RECOVERY 2007 $2,610,660 $1,421,814 54%* 2008 $2,772,757 $1,336,761 48%* 2009 $2,983,142 $1,272,902 42%* 2010 $2,580,331 $1,215,478 47%* 2011 $2,326,601 $1,209,189 52%* 2012 $2,148,410 $1,123,163 52%* *Operational expense budgets; debt service in a separate fund and not included here Illustration B. 2020 and 2021 Operational budget Comparison Year Expense Proposed Revenue Projected Expense Amended Revenue Amended Difference % Recovery 2020 1,880,856 1,707,193 1,611,222 737,218 874,100 54% 2021 1,388,229 1,047,417 340,812 75% OPTIONS: Staff believes that further reduction of expenses would require fewer operating hours and would result in a greater reduction of revenues. The only option that Staff sees at this point to reduce expenses would be to completely close the Avon Recreation Center and drain all the water to minimize the monthly operating expenses. All revenue would be lost under this approach and the net expenses would be reduced to the minimum Staff necessary to oversee the facility and the minimum operating expenses necessary to prevent damage to the facility. This is a drastic approach that would create significant challenges in any future re-opening of the Avon Recreation Center. However, if a second wave or substantial outbreak of the coronavirus occurs this fall or winter which results in public health order that requires the closure of the Avon Recreation Center again, this option may be unavoidable. Thanks, John MANAGER’S COMMENTS: John and the Avon Recreation Center Staff have met the challenges of re- opening with the COVID-19 protocols. Due to the value of the Avon Recreation Center to the community I recommend that operations continue as is in compliance with public health orders. (970) 748-4001 btorres@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Brenda Torres, Town Clerk RE: IGA 2020 Eagle County General Election DATE: August 7, 2020 SUMMARY: The attached Intergovernmental Agreement sets forth the administration and conduct of the November 3, 2020, Coordinated General Election. If the Town Council approves the IGA, the ballot will include 3 Councilor seats. The IGA must be submitted to the County at least 70 days before the election, as required by § 1-7-116(2), which is August 25, 2020 in order to participate. BACKGROUND: The election will be administered as a coordinated mail ballot election by Eagle County Clerk and Recorder Regina O’Brien. In my role as Town Clerk, I would serve as the designated election official and work with the Eagle County Clerk to administer Avon’s portion of the coordinated election, acting as the primary liaison between the Town and the County Clerk. This arrangement is outlined in the IGA, and the Town Code Section 1.12.020. ANALYSIS The IGA addresses such items as follows: ▪Responsibilities of County Clerk and Political Subdivision Responsibilities: section details responsibilities for both election officials ▪Costs: This Section estimates election costs on a prorated basis based primarily on the number of ballot issues, active voters, and/or items to be included on the ballot for each political subdivision. On average election costs have been around $2,500 with presidential elections typically see higher voter turnout and related higher costs. The Town has budgeted $2,500 for the election. ▪Call and Notice: This section details who is responsible for the election publication ▪Ballot Certification: This section details the town’s role in submitting the ballot text to the county ▪Preparation of Voter Lists: This section details the exchange of the voter lists ▪Tabor Notice: This section details responsibility with regard to the Tabor notices ▪Street Locator List: This section details that the town is to provide an accurate street listing to the county ▪Election Judges: This section details that the county manages the appointment and training of the judges ▪Canvass of Votes: This section details the role of the county in the canvassing of the votes ▪Cancellation: This section details that the town will notify the county if the election is cancelled There are several exhibits to the agreement including a timeline, street and locator list. PROPOSED MOTION: I move to approve the Eagle County Intergovernmental Agreement for the November 3, 2020 Eagle County General Election. Thank you, Brenda Torres. ATTACHMENTS: Eagle County Intergovernmental Agreement for November 3, 2020 General Election. Eagle County 2020 General Election IGA Page 1 Intergovernmental Agreement Between the Eagle County Clerk and Recorder and ______________________ Concerning Tuesday, November 3, 2020 General Election THIS Intergovernmental Agreement between the Eagle County Clerk and Recorder and ____________________________________ concerning the Tuesday, November 3, 2020 General Election is made on _______________________. RECITALS WHEREAS, pursuant to C.R.S. § 1-7-116 (1) (a) the Clerk will serve as the coordinated election official for the General Election, and in accordance with state law, will conduct the General Election on behalf of all participating political subdivisions having jurisdiction within the boundaries of Eagle County; and WHEREAS, C.R.S. § 1-7-116 (2) requires each political subdivision for which the Clerk will conduct the General Election to enter into an agreement with the Clerk concerning the conduct of the General Election, to be signed no later than 70 days prior to the scheduled election; and WHEREAS, the Political Subdivision intends to submit a ballot issue at the General Election; and WHEREAS, the County Clerk and the Political Subdivision wish to clarify their responsibilities and memorialize their agreement with respect to the conduct of the General Election. NOW THEREFORE, in consideration of the above premises and the promises contained herein, the parties agree as follows: I. Coordinated and Designated Election Officials A. Except as otherwise provided in this section, the Eagle County Clerk and Recorder (“Clerk”) shall act as the Coordinated Election Official for the conduct of the Election for the Political Subdivision for all matters in the Uniform Election Code which require action by the Coordinated Election Official. Eagle County 2020 General Election IGA Page 2 B. The Political Subdivision shall name a Designated Election Official (“DEO”) who shall act as the primary liaison between the Political Subdivision and the Clerk. Nothing herein shall be deemed or construed to relieve the Clerk or the Governing Body of the Political Subdivision from their official responsibilities for the conduct of the Election. C. Jurisdictional Limitation This Agreement shall apply only to the portion of the Political Subdivision within the boundaries of Eagle County. D. Clerk’s Contact Officer The Clerk hereby designates Stacey Jones, Eagle County Chief Deputy Clerk and Recorder (stacey.jones@eaglecounty.us; phone 970-328-8726), as the “Contact Officer” to act as the Clerk’s primary liaison with the Political Subdivision for all purposes relating to the Election. The Contact Officer shall act under the authority of the Clerk. II. Clerk Responsibilities The Clerk will perform all duties in substantial compliance with applicable provisions of the Election Code of 1992, Colorado Title 1, C.R.S. as amended (“Election Code”); the Election Rules promulgated by the Colorado Secretary of State, as amended; and policy directives of the Colorado Secretary of State, if applicable. A. Preparation for Election 1. The Clerk hereby provides the Political Subdivision with a Street Locator Report (Appendix B), listing all residential street addresses situated within the Political Subdivision’s boundaries, as currently configured in Colorado’s statewide voter registration database (“SCORE”). 2. The Clerk shall manage all voter registration records and correspondence. 3. The Clerk shall supply, deliver, and set-up all voting equipment and other items necessary to conduct the Election. 4. The Clerk shall appoint eligible electors as election judges, arrange for their compensation, and provide election judge training in advance of the Election. 5. The Clerk shall include on the ballot all content timely certified by the Political Subdivision in accordance with law; contract for the printing of ballots, ballot envelopes, and other printed materials reasonably necessary to conduct the Election; and arrange for payment to the printing vendor(s). Eagle County 2020 General Election IGA Page 3 6. The Clerk shall publish and post a notice of election as required by 1-5-205 C.R.S. in the Eagle Valley Enterprise, the Vail Daily, the Aspen Times Weekly, and El Montanes no later than twenty (20) days prior to the Election. 7. The Clerk shall perform all required acceptance testing, hardware diagnostic testing, and logic and accuracy testing of Eagle County’s voting system and components in substantial compliance with Conditions of Use applicable to Eagle County’s voting system as certified by the Colorado Secretary of State. B. Conduct of Election 1. The Clerk shall designate the proper number and locations of voter service and polling centers. All voting locations will be accessible to voters with disabilities. 2. The Clerk shall provide for the security and processing of all mail ballots and for the verification of electors’ signatures on the self-affirmation printed on the mail ballot return envelopes. 3. The Clerk shall issue mail ballots and electronic transmission ballots to and accept voted mail and electronic transmitted ballots from military and overseas voters in substantial compliance with the deadlines and delivery methods mandated by applicable provisions of federal and state law, including the Uniformed and Overseas Citizens Absentee Voting Act, all as amended. 4. The Clerk shall conduct the required post-election risk limiting audit. 5. The Clerk shall conduct any mandatory or permissive recount. 6. The Clerk shall appoint canvas board and risk limiting audit board members, oversee the conduct of the canvass and risk limiting audit, and certify official results of the Election. 7. The Clerk shall provide an official Certification of Election to the Political Subdivision after the official close of the Election. Any additional Certificates of Election which are required by law to be forwarded to another division of government shall be the responsibility of the Political Subdivision. 8. The Clerk shall preserve all election records relating to the Election for at least twenty-five months pursuant to 1-7-802 C.R.S. 9. The Clerk shall be the final decision maker on any substantive and procedural issues regarding the conduct of the Election. Eagle County 2020 General Election IGA Page 4 C. Ballot Issue Notice (“TABOR Notice”) 1. The Clerk shall prepare and mail a combined ballot issue notice in substantial compliance with Article X, Section 20 of the Colorado Constitution (“TABOR”) and applicable provisions of the Election Code and Election Rules. As nearly as practicable, the notice shall be in the order the ballot issues will appear on the ballot. 2. The Clerk shall mail the ballot issue notice not less than thirty (30) days prior to the Election, pursuant to Colorado Constitution Article X, Section 20(3)(b) and 1-1-106 C.R.S. The Clerk shall determine the least cost method for mailing the ballot issue notice, but at a minimum, the ballot issue notice shall be addressed and mailed to eligible voters at each address in Eagle County where one or more registered voters of the Political Subdivision and of any other participating entity resides. Nothing herein shall preclude the Clerk from mailing the TABOR Notice to persons other than voters of the Political Subdivision if such mailing arises from the Clerk's efforts to mail the combined TABOR Notice for all participating entities at the least cost. III. Political Subdivision Responsibilities A. Contact Liaison 1. The Political Subdivision shall identify a “Designated Election Official” (DEO) to act as a liaison between the Political Subdivision and the Clerk/Contact Officer. The DEO shall be responsible for the final approval of ballot content and TABOR Notice content. To meet statutory and printing deadlines, the DEO shall respond to all Election-related written correspondence, electronic correspondence, phone calls, or any other communication from the Clerk/Contact Officer as soon as possible and no later than 12 hours from the time of delivery by the Clerk/Contact Officer. If the DEO cannot respond within 12 hours, an alternative official may respond on the DEO’s behalf. Failure to respond to correspondence with 12 hours shall constitute approval allowing the Clerk to move forward. 2. The Political Subdivision has designated__________________________________________ whose mailing address is ______________________________________________________ and whose phone number is____________________________________________________ and whose email address is____________________________________________________ and whose fax number is______________________________________________________ as its DEO for the purpose of the Election. B. Certification of Address Ranges 1. The Political Subdivision shall verify and certify to the Clerk (Appendix C) that all address ranges and street names actually situated in the Political Subdivision are accurately and completely stated in the Address Library Report attached hereto as Appendix B. Eagle County 2020 General Election IGA Page 5 2. In connection with such Address Library Report verification and certification, the Political Subdivision shall note any address ranges or street names within the Political Subdivision that are inaccurately or incompletely stated in or omitted from the Address Library Report, and certify on the Statement of Certification (Appendix C) the accuracy and completeness of the remainder of the Address Library Report. 3. If the certification is not provided by the date specified herein, the Political Subdivision may not participate in the Election or the Clerk may build the election on the assumption that the Address Library Report attached hereto as Appendix B is both complete and accurate, as the Clerk in her discretion may decide. The Political Subdivision shall deliver to the Clerk its Statement of Certification (Appendix C) and accuracy of the Address Library Report, with notations regarding inaccuracies and omissions by the 70th day before the election, Tuesday, August 25, 2020. C. Ballot Content 1. The Political Subdivision shall be solely responsible for determining whether a ballot issue, ballot question, candidate contest, or candidate is eligible and properly certified for the ballot. 2. The Political Subdivision shall provide a certified copy to the Clerk of all ballot content (candidate contests, ballot issues, and ballot questions in order) referred by the Political Subdivision for the Election pursuant to section 1-5-203: a. Notwithstanding any other provision of this Agreement, the Political Subdivision shall not certify any single ballot issue or ballot question in excess of two hundred and fifty words (inclusive of the title) unless the Clerk provides written consent in advance. b. Such certified ballot content shall be delivered to the Clerk as an email attachment in Word format (see section C-2-g on pg. 6 for full required formatting of ballot and TABOR content), at the earliest possible time and in no event later than 5 p.m. on Friday, September 4, 2020 (Appendix A), pursuant to section 1-5-203, C.R.S., as amended. c. The political subdivision that issues certified ballot pursuant to 1-5-203, C.R.S. shall be solely responsible for the accuracy of the information contained in the certificate. Any error that can be corrected pursuant to 1-5-412, C.R.S. shall be corrected at the expense of the political subdivision whose designated election official issued the incorrect certification. d. All ballot content certified by the Political Subdivision shall utilize the exact language and order as such ballot content is to appear on the printed official and sample ballots for the Election. The list of candidates/questions must be typed exactly as it is to appear Eagle County 2020 General Election IGA Page 6 on the ballot, including correct title, order, capitalization, spelling, and punctuation. ● For candidates, specify titles of offices, the order of the names to appear for each office, and the order of offices. ● For issues, specify the ballot title and the order of the issues (per C.R.S., Clerk determines specific numbering on the ballot). ● If the political subdivision has a TABOR issue on the ballot, the issue text must be in all uppercase as is dictated by law (e.g. TABOR Amendment). Definition of Ballot Issue and Ballot Question ● “Ballot issue” means a state or local government matter arising under section 20 of article X of the state constitution, as defined in sections 1-41-102(4) and 1-41- 103(4), respectively. ● “Ballot question” means a state or local government matter involving a citizen petition or referred measure, other than a ballot issue. Ballot Issues or Questions Vote Choice Options ● Yes/For or YES/FOR (capitalize for TABOR ballot issues) ● No/Against or NO/AGAINST (capitalize for TABOR ballot issues) e. The Political Subdivision has the responsibility to proofread and edit the text of the ballot proof before the Clerk will authorize printing of the ballots. From the time the Clerk delivers via email the ballot proof, the Political Subdivision has 12 hours to proofread, correct if necessary, sign, and return the proof to the Clerk . The Political Subdivision’s failure to disapprove and correct errors within that time shall constitute an approval of the ballot proof. After final approval of the ballot text, the Political Subdivision assumes all responsibility and cost for any judicial proceedings related to any errors within the text of their issue, question, or contest on the printed ballots. f. The Political Subdivision authorizes the Clerk to correct typographical errors and omissions and determine the appropriate ballot question number or letter upon designation of the ballot number or letter by the Clerk. g. The Political Subdivision shall certify its ballot content via email to the Clerk and Contact Officer in conformance with the following formatting guidelines: ● Software: Microsoft Word '03 or later (not PDF) ● Spacing: Single ● Font Type: Arial Narrow ● Font Size: 8 point ● Justification: Left Eagle County 2020 General Election IGA Page 7 ● All Margins: 0.5 inches ● Language: English (Spanish translation encouraged) ● Delivery Medium: Email attachment to regina.obrien@eaglecounty.us and stacey.jones@eaglecounty.us Submissions not meeting these requirements will be rejected by the Clerk. h. The Designated Election Official (DEO) for a county, municipality, school district, or special district office must provide an audio recording of each candidate’s name. The DEO or candidate may leave an audio recording of the candidate’s name, exactly as certified for the ballot, on the voicemail of the Clerk (970-382-8783) or Contact Officer (970-328-8726). This audio recording must be provided no later than the deadline to certify ballot content, Friday, September 4, 2020. D. Ballot Issue Notice (“TABOR Notice”) 1. The Political Subdivision shall receive, store and prepare TABOR Notice content according to the provisions set forth in Article X, Section 20 of the Colorado Constitution (TABOR Amendment) and 1-7-901, 1-7-902, 1-7-903, 1-7-904, and 1-7-908 C.R.S. 2. The DEO shall transmit via email the summaries, fiscal information, and any other required material to the Clerk no later than forty-three (43) days, Monday, September 21, 2020 (Appendix A) before the Election in final written form in accordance with the formatting guidelines for ballot certification (see formatting bullet points listed above). Submissions not meeting these requirements will be rejected by the Clerk. 3. The Political Subdivision shall incorporate in its TABOR Notice content a local office address and telephone number specific to the Political Subdivision or the Political Subdivision DEO to enable voters to reach the Political Subdivision directly. The Clerk shall respond to all correspondence and inquiries that the Clerk receives within its expertise relating to election procedures, but the Clerk shall refer inquiries concerning the substance of the ballot issues, ballot questions, candidates, or the operations of the Political Subdivision to the Political Subdivision’s DEO. 4. The Political Subdivision has the responsibility to proofread and edit the text of the TABOR Notice proof before the Clerk will authorize printing of the TABOR Notice. From the time the Clerk delivers via email the TABOR Notice proof, the Political Subdivision has 12 hours to proofread, correct if necessary, sign, and return the proof to the Clerk . The Political Subdivision’s failure to disapprove and correct errors within that time shall constitute an approval of the TABOR Notice proof. After final approval of the TABOR Notice proof, the Political Subdivision assumes all responsibility and cost for any judicial proceedings related to any errors within the text of their issue or information presented on the TABOR Notice. Eagle County 2020 General Election IGA Page 8 E. Cancellation of Election 1. In the event that the Political Subdivision resolves not to hold the Election, notice of such resolution shall be provided to the Clerk immediately. The Political Subdivision shall not cancel its participation in the Election after the twenty-fifth (25) day before the election, Friday, October 9, 2020 (Appendix A), pursuant to section 1-5-208(2), C.R.S., as amended. 2. The Political Subdivision shall provide notice by publication of the cancellation of the Election and a copy of the notice shall be posted in the Office of the Clerk, in the office of the Designated Election Official, in the primary building of the Political Subdivision, and, if the Political Subdivision is a special district, in the office of the division of local government. The Political Subdivision is responsible for delivering such postings to each entity. 3. The Political Subdivision shall be responsible for all expenses incurred on its behalf to the date that notice was received by the Clerk together with all expenses incurred thereafter which could not be avoided by reasonable effort. All costs incurred or contracted for by the Clerk to support the Political Subdivision’s portion of the TABOR Notice shall be reimbursed by the Political Subdivision. 4. Upon receipt of the invoice, the Political Subdivision shall promptly pay the Clerk the full actual costs of the activities of the Clerk relating to the Election incurred both before and after the Clerk’s receipt of such notice. F. Other Responsibilities 1. The Political Subdivision shall exercise all reasonable diligence, care, and control in providing these services to the Clerk. 2. The Political Subdivision’s DEO or assigned representative shall assist with equipment logic and accuracy testing, post-election canvass, and risk limiting audit as requested by the Clerk. 3. The Political Subdivision shall give assistance and information to the Clerk on any matter to ensure the smooth and efficient operation of the Election (such information not to include legal advice). 4. The Political Subdivision shall adhere to all applicable provisions of C.R.S. which are necessary or appropriate to the performance of the above duties. 5. The Political Subdivision shall follow the additional responsibilities in which non-resident property owners may be eligible to vote as set forth in Appendix D hereto. Eagle County 2020 General Election IGA Page 9 IV. Miscellaneous A. Costs 1. The Clerk shall keep accurate accounts of all costs incurred to prepare for and conduct the Election, including but not limited to costs incurred for supplies, printing, ballot insertion and mailing, legal and other notices, temporary labor, compensation of election judges, overtime pay for staff, and other expenses attributable to the Clerk’s conduct of the Election on behalf of the Political Subdivision. Clerk may give the Political Subdivision general estimates of cost but such estimates are not binding. The Political Subdivision is responsible for the pro rata share of actual costs as determined by the Clerk. 2. The Clerk shall charge to the Political Subdivision its pro rata share of all costs and expenses reasonably incurred in connection with the preparation, printing, labeling, postage, and mailing for the ballot issue notice. Said expenses shall be prorated among all Political Subdivisions participating in the ballot issue notice. 3. The Clerk shall charge and allocate to the Political Subdivision its pro rata share of the direct costs of the Election, and all direct and indirect costs and expenses incurred by the Clerk to remedy, resolve, or reconcile the Political Subdivision’s failure or omission to timely perform any of its obligations under this Agreement, without regard to whether Political Subdivision rescinds its intent to participate in the Election. 4. In the event an interested party is not liable for payment of costs incurred in connection with a mandatory or permissive recount of, or election contest relating to, one or more candidate contests, ballot issues or ballot questions certified by the Political Subdivision, the Clerk shall charge any and all direct and indirect costs and expenses reasonably incurred by the Clerk to conduct or participate in any such recount or ballot contest. If more than one political subdivision participating in the Election is involved in any such recount or election contest, the costs thereof shall be prorated between the Political Subdivision and such other participating entities. 5. The Political Subdivision assumes all responsibility and cost for any judicial proceedings regarding whether or not issues legally belong on the ballot and any other challenges, both pre- and post-election, relating to the question of the Political Subdivision. 6. The Clerk shall submit to the Political Subdivision an invoice for the Political Subdivision’s pro rata share of direct and indirect costs incurred in connection with the Political Subdivision’s participation in the Election within ninety (90) days after the Election. 7. The minimum charge for coordinating the Election with the Clerk for coordinating entities with 300 or fewer active voters on Election Day shall be $500.00. The minimum charge for coordinating entities with 301 or more active voters on Election Day shall be $1000.00. Eagle County 2020 General Election IGA Page 10 8. In addition, there will be a surcharge for coordination and administration of non-resident, property owner ballot mailing of $1000.00. 9. The Political Subdivision shall remit all payments due to the County upon receipt of an itemized statement by February 26, 2020 (Appendix A). B. Indemnification To the extent permitted by law, the Political Subdivision agrees to indemnify, defend, and hold harmless the County, its officers and employees, from any and all losses, costs, demands, or actions arising out of or related to any actions, errors or omissions of the Political Subdivision in completing its responsibilities relating to the Election and related tasks. C. Reasonable Care The County and its employees, agents, representatives, or other persons acting under the direction or control of the County shall use reasonable care in carrying out their obligations under this Agreement. D. Notices Any and all notices required to be given by this Agreement, unless otherwise set forth herein, are deemed to have been received and to be effective: ● three days after they have been mailed by certified mail, return receipt requested to the address as set forth below; or ● immediately upon hand delivery to Regina O’Brien, Clerk; or ● immediately upon receipt of confirmation that a fax or e-mail was received. To Clerk: Regina O’Brien Eagle County Clerk and Recorder P.O. Box 537 Eagle, CO 81631 Fax: 970-328-8716 Email: regina.obrien@eaglecounty.us To Political Subdivision: fax: ________________________________________________ email: ______________________________________________ Eagle County 2020 General Election IGA Page 11 Time is of the Essence Per 1-7-116(2) C.R.S. this Agreement must be signed and returned to Regina O’Brien, Clerk and Recorder, seventy (70) days before the Election, Tuesday, August 25, 2020 (Appendix A). The statutory time requirements of the Uniform Election Code and the time requirements set by the Secretary of State in the Rules and Regulations Governing Election Procedures shall apply to the completion of the tasks required by this Agreement. In witness whereof, the Parties hereto have executed this Agreement to be effective this day: ________________________________________ (Date) ________________________________________ Designated Election Official Date For _____________________________________ (Political Subdivision) ________________________________________ Regina O’Brien Date Eagle County Clerk and Recorder Eagle County 2020 General Election IGA Page 12 Appendix A CALENDAR OF EVENTS AND DEADLINES FOR NOVEMBER 3, 2020 GENERAL MAIL BALLOT ELECTION While this calendar may not include all election dates, some key dates are identified for your reference. Dates in RED are key delivery dates of information from you to the Clerk’s office. Political Subdivisions planning to coordinate with the Clerk’s office should be aware of the following deadlines:  Friday, July 24, 2020 – 100 days prior - If by 100 days before the election, a political subdivision has taken formal action to participate in an election that will be coordinated by the Clerk, the political subdivision shall notify the county clerk and recorder in writing. C.R.S. 1-7-116(5), 1-1-106(5)  July 30 – August 5, 2020 – IGAs will be mailed to participating entities. IGA will include address ranges that need to be verified and certified before or on the date the IGA is due. Political Subdivisions with property owner ballots should also review Appendix D in the IGA and contact the Assessor’s office to secure the particular property owner list.  Tuesday, August 25, 2020 – 70 days prior - Political subdivisions participating in the election must return signed IGAs to the county clerk and recorder. C.R.S. 1-7-116(2). Political subdivisions must verify and certify that all address ranges situated in political subdivision (Appendix B) are accurate and complete, note any changes or inaccuracies, and certify no later than 70 days prior to Election (Appendix C). Please submit sooner if possible.  Friday, September 4, 2020 – Last day for the designated election official from each political subdivision to certify the ballot text to the county clerk and recorder as well as audio recordings of candidate names; deadline is 5 p.m. Please submit sooner if possible. C.R.S. 1-5-203(3)(a)  Week of September 14, 2020 – Equipment and Logic and Accuracy Testing  Tuesday, September 15, 2020 – Deadline for coordinating entities with property owner ballots to certify the military and overseas (UOCAVA) voter list to the Clerk.  Saturday, September 19, 2020 – No later than 45 days prior – Deadline to send mail ballots to military and overseas voters (UOCAVA voters). C.R.S. 1-8.3-110(1)  Monday, September 21, 2020 – 43 days prior - Political subdivisions shall deliver the full text of any required ballot issue notices (e.g. TABOR Notice) and pro/con statement summaries to the Clerk in order to be included in the issue mailing. C.R.S. 1-7-904  Friday, October 2, 2020 – 30 days prior – Last day for the Clerk to mail out TABOR Notice(s). C.R.S. 1-1- 106(5)  Friday, October 09, 2020 – 25 days prior - Last date for political subdivision to cancel election or withdraw ballot issue or question C.R.S. 1-5-208(2)  Friday, October 9, 2020 – First day ballots may be mailed, except for UOCAVA voters. C.R.S. 1-7.5- 107(3)(a)(I). 24-hour ballot drop boxes open available in Avon, Edwards, Eagle, El Jebel, and Basalt. Appendix A continued on page 2 Eagle County 2020 General Election IGA Page 13 Appendix A – Continued (page 2) CALENDAR OF EVENTS AND DEADLINES FOR NOVEMBER 3, 2020 GENERAL MAIL BALLOT ELECTION  Monday, October 19, 2020 – Voter Service and Polling Centers open. C.R.S. 1-5-102.9(2)  Monday, October 26, 2020 – 8 days prior - Last day to register to vote to receive a mail ballot. After this date voters may pick up ballots in person at any Voter Service and Polling Center. C.R.S. 1-2-201(3)(b)(III)  Tuesday, November 3, 2020 – Election Day - Polls open 7 AM – 7 PM. All ballots must be in the hands of the Clerk by 7 PM on Election Day to be counted.  Wednesday, November 25, 2020 – Deadline to certify election results. Official results will be forwarded to political subdivisions. C.R.S. 1-10-102(1), 1-10-103(1)  Monday, February 8, 2021 – Last day for the Clerk to mail invoices to districts for their share of election costs.  Friday, February 26, 2021 – Last day for districts to submit payment for election costs to Clerk’s office. Eagle County 2020 General Election IGA Page 14 Appendix B STREET LOCATOR REPORT FOR NOVEMBER 3, 2020 GENERAL MAIL BALLOT ELECTION Eagle County 2020 General Election IGA Page 15 Appendix C STATEMENT OF CERTIFICATION – STREET LOCATOR REPORT FOR NOVEMBER 3, 2020 GENERAL MAIL BALLOT ELECTION I, ___________________________________, as Designated Election Official for______________________________________, (hereinafter “Political Subdivision”) do hereby certify that the Street Locator Report provided to the Political Subdivision has been reviewed, corrections made, and to the best of my knowledge, I believe it is a true and complete list of the addresses located within the Political Subdivision. Designated Election Official Date for _____________________________________ (Name of Political Subdivision) Eagle County 2020 General Election IGA Page 16 Appendix D PROPERTY OWNER BALLOTS – TITLE 32 This appendix defines responsibilities when conducting an election for a Political Subdivision (governed under Title 32) in which non-Eagle County resident property owners who are registered electors in the State of Colorado may be eligible to vote. Property owner self-affirming oaths must be signed and returned to the County Clerk’s Office before ballots are sent to eligible property owners. Overview - Property Owner Ballots Property owner ballots are special ballots that contain only those ballot contests certified by Political Subdivisions in which owners of real and personal property (and their spouses or civil union partners) are eligible to vote as long as they reside outside of the Political Subdivision but are registered to vote in Colorado (32-1- 103(5) C.R.S.). If a person resides in and is registered to vote in the Political Subdivision, and also owns additional property in the political subdivision, the Clerk and Recorder will issue the voter a regular Eagle County ballot style that contains all of the contests in which they are eligible to vote in a given election, including the ballot content referred by the Political Subdivision. If a person resides outside of the Political Subdivision, owns property within the political subdivision, and is registered to vote in the State of Colorado, the county will issue a property owner ballot containing only the contests referred by the Political Subdivision. This ballot will be sent only after the self-affirming oath has been returned by the voter to the County Clerk and the County Clerk has verified the voter’s eligibility in the statewide voter registration system. The property owner ballot will be sent to the mailing or ballot mailing address on record in the statewide voter registration system. Property owners who are registered voters outside of the State of Colorado are not eligible to vote a property owner ballot. Responsibilities of the Coordinating Political Subdivision Street Locator Report 1. Review the Street Locator Report provided from the County Clerk and Recorder’s Office (Appendix B). Eagle County 2020 General Election IGA Page 17 2. Verify and certify all addresses listed in the address library report are within the Political Subdivision and are accurate and complete (with no omissions). All changes or inaccuracies must be identified by the Political Subdivision, the list certified by the Political Subdivision (Appendix C), and returned to the Clerk no later than 4:30 PM on Tuesday, August 25, 2020 (70 days before the election). Please submit sooner if possible. The Political Subdivision is responsible for the accuracy of this report. Overseas and Military Voter List 1. Secure the Colorado Statewide Overseas and Military Voter (UOCAVA) list from the Clerk. Property Owner List 1. Secure the Political Subdivision Property Owner list from the Eagle County Assessor’s Office. 2. Remove all non-human property owners (e.g. trusts, LLCs, Corporations, etc.) from the Assessor’s lists. 3. Cross-reference the state-wide Overseas and Military voter (UOCAVA) list with the property owner list to determine if there are any special district property owners on the UOCAVA list. NOTE: UOCAVA ballots must be sent by Saturday, September 19, 2020 (1-8.3-110(1) C.R.S). It is the responsibility of the Political Subdivision to certify the list of any UOCAVA property owners to the Clerk by Monday, September 7, 2020 to meet the deadline referenced in section 4 (below) to ensure statutory delivery of UOCAVA property owner ballots. 4. Certify the revised Assessor’s list that excludes non-human entities and UOCAVA voters in Excel format to the County Clerk by Monday, September 7, 2020. Please submit sooner if possible. Political Subdivision is responsible for the accuracy of this list. 5. Secure the supplemental Political Subdivision Property Owner list from the Eagle County Assessor’s Office no later than Wednesday, October 14, 2020 (20 days before the election). This supplemental list shall contain the names and addresses of all recorded owners who became owners no later than Monday, October 12, 2020 (22 days prior to the election). 6. Certify the revised supplemental Assessor’s list that excludes non-human entities and UOCAVA voters in Excel format to the County Clerk by Friday, October 18, 2019. Please submit sooner if possible. Political Subdivision is responsible for the accuracy of this list. Responsibilities of the County Clerk and Recorder 1. After receiving the certified property owner list from the Political Subdivision, as well as the supplemental list, prepare and send the property owner TABOR Notice to the property owner Eagle County 2020 General Election IGA Page 18 households listed on the certified property owner list(s). (Article X, Sec.20(3)(b)). This Notice may be combined with other TABOR notices or mailed separately at the discretion of the Clerk. 2. A self-affirming oath will be sent to each household that must be returned by each eligible elector (1- 13.5-202, C.R.S and 32-1-103(5), C.R.S.). 3. Upon return to the Clerk of the signed self-affirming oath, determine if the individual is a registered voter in the State of Colorado but does not reside in the Political Subdivision. 4. Prepare and send property owner ballots to all eligible electors entitled to vote by virtue of a self- affirmation (32-1-806, C.R.S). 5. Record each property owner ballot returned and signature verified. 6. Process ballots in the counting room. 7. Tabulate and certify results. Jake Wolf jwolf@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Jake Wolf, Avon Town Councilor RE: Amendments to Town Charter] DATE: August 6, 2020 Here are the items to be pursued: • The ability of a Councilmember to decrease their own pay As you were aware as a 1099 employee, I was prevented from getting any assistance during this pandemic because of the amount of income I received from the town totaled more than $2,499.99. A councilor should be able to decrease their pay to that level or any level he/she wants or simply just eliminate the income if that’s best for that person’s finances. • Mayor elected by the qualified electors (this may turn into a Mayor as Manager proposal) The people should be able to choose their own mayor the way it’s set up right now is not conducive to representative government. Furthermore, in a mayor manager situation there is more transparency among the council and the people. • Provide non-resident property owners may vote and serve on Council. It has come to my attention that other Municipalities allow people that owned property to be able to run for council. I would add to that, that if the person owns a business in the town and works there full-time that person should be able to run for council. It should be somebody that also lives in the Valley and is here full-time. • Provide an additional position (other than Manager, Town Attorney and Judge) reports directly to Council Prior to me getting on Council the position of the clerk was something that the council over saw. I believe with that level of position there would be more transparency between the council and the staff. Thank you, Jake AVON REGULAR MEETING MINUTES TUESDAY JULY 28, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 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 5:02 p.m. A roll call was taken, and Council members present by video/audio were Amy Phillips, Tamra Underwood, Jake Wolf, Scott Prince, Chico Thuon, and Jennie Fancher. Also present were Town Attorney Paul Wisor, Police Chief Greg Daly, Executive Assistant to the Town Manager Ineke de Jong, and Town Clerk Brenda Torres. Town Manager Eric Heil joined at 5:04 p.m. 2. APPROVAL OF AGENDA Video Start Time: 00:00:36 Mayor Smith Hymes pulled off item 6.5 Council Elections from the written reports and added it as business item 5.0. Councilor Underwood moved to approve the agenda as amended. Councilor Fancher seconded the motion and the motion passed by a vote of 6 to 1. Councilor Wolf voted no. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:51 No conflicts of interest were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:02:10 Mayor 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. 5. BUSINESS ITEMS 5.0. PULLED WRITTEN REPORT 6.5 ELECTIONS REPORT (TOWN CLERK BRENDA TORRES) Video Start Time: 00:03:24 Town Attorney Paul Wisor gave a brief summary about how the November 3, 2020 Elections will be conducted. He encouraged members of the community interested in becoming an Avon Council member to fill out their nomination petition forms, available in the afternoon of August 3rd, 2020 at the Avon Clerk’s office. Please visit www.avon.org/elections for more information. Town Manager Eric Heil confirmed notifications will be posted on the Town’s social media. Mayor Smith Hymes asked for public comment and no comments were made. 5.1. PUBLIC HEARING – MAJOR DEVELOPMENT PLAN APPLICATION FOR FOUR (4) DWELLING UNITS ON LOT 6 AND LOT 7, RIVERFRONT SUBDIVISION (TOWN PLANNER DAVID MCWILLIAMS) Video Start Time: 00:12:17 Town Planner David McWilliams presented. Town Engineer Justin Hildreth and Pedro Campos and Jim Telling of East West Resort Development also joined the meeting to present and answer questions from Council. David Kaselak, the lead architect on this project, was the last one to present and provided some insight about the plan and recapped the architecture. Mayor Smith Hymes asked for public comment and no comments were made. AVON REGULAR MEETING MINUTES TUESDAY JULY 28, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE Councilor Underwood clarified the conditions proposed by the Town Planner David McWilliams. She added, “…needs to be in collaboration with the Eagle River Water and Sanitation District Tract H” after “A satisfactory irrigation plan” to condition #1. No changes to condition #2. Strike out “duplex 4 blue spruce” and add “includes particularly the corner of duplex number 4“ after “realigning the Eagle Valley Trail” on condition #3. Councilor Underwood moved to approve the Major Development Plan application for four dwelling units on Lot 6 and Lot 7, Riverfront Subdivision per the conditions set forth in the staff report as amended by Councilor Underwood and the findings 1-5 as set forth in the staff report. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. 5.2. STRATEGIC PLAN 2ND QUARTER UPDATE (TOWN MANAGER ERIC HEIL) Video Start Time: 01:50:40 Town Manager Eric Heil gave a summary of his second quarter report and discussed each line item of the strategic plan. Council had several comments about the bike share program and e-bikes. Councilor Wolf proposed to get scooters for the town. Town Manager Eric Heil mentioned a work session is scheduled for August 25th for Council to provide input for the 2021 strategic plan. Councilor Underwood expressed she feels that the strategic plan needs to be changed into long-term multi-year goals. He expressed our current plan may be more of a workplan than a strategic plan, but it has an important place at the staff level. A visionary document can be something separate and is something that we do not currently have. Mayor Smith Hymes called for public comments. C Crane joined the meeting to make a public comment, but he/she had technical difficulties and was not able to connect. Staff reached out via email to follow up but did not receive any response. 5.3. FIRST READING ORDINANCE NO. 20-09: AMENDMENT OF SECTION 3.08 OF AVON MUNICIPAL CODE TO PROVIDE FOR THE COLLECTION OF TAXES ON REMOTE SALES (TOWN ATTORNEY PAUL WISOR) Video Start Time: 02:13:13 Town Attorney Paul Wisor and Finance Director Scott Wright presented and answered questions from Council. Town Attorney Paul Wisor explained that, in order to assure the Town is able to collect sales taxes from out-of-state retailers without a physical presence in Avon, the Town has entered into an agreement with the State to join SUTS (Sales and Use Tax Software system). He mentioned the language was developed by the Colorado Municipal League and the Colorado Department of Revenue and is not subject to change, in order to be uniform throughout the state. Mayor Smith Hymes asked for public comment and no comments were made. Councilor Underwood moved to approve first reading of Ordinance 20-09 Amending Chapter 3.08 of the Avon Municipal Code to provide for the collection of taxes on remote sales and set a public hearing for second reading on August 11, 2020. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. AVON REGULAR MEETING MINUTES TUESDAY JULY 28, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 5.4. FIRST READING ORDINANCE NO. 20-10 AMENDING SECTION 12.04.380 OF THE AVON MUNICIPAL CODE TO REQUIRE THE INSTALLATION OF CONDUIT IN PUBLIC STREETS (TOWN ATTORNEY PAUL WISOR) Video Start Time: 02:25:40 Town Attorney Paul Wisor explained Ordinance 20-10 would codify the Dig Once policy, which mandates the inclusion of broadband conduit (flexible plastic pipes which can be used to more easily install fiber-optic communications cable) during the construction of any road, so fiber and broadband can be installed with greater ease in the future. He mentioned Ordinance 20-10 also empowers the Town Manager and the Public Works Director to adopt whatever regulations it may deem necessary to implement and enforce the provisions of the ordinance. Councilor Underwood inquired if the Town Engineer, Justin Hildreth, should be part of the review, which Town Attorney Paul Wisor will follow up on. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Fancher moved to approve first reading of Ordinance 20-10 Amending Section 12.04.380 of the Avon Municipal Code to require the installation of conduit in public streets and set a public hearing for second reading on August 11, 2020. Mayor Pro Tem Phillips seconded the motion and the motion passed 6 to 1. Councilor Wolf voted no. 5.5. APPROVAL OF MINUTES FOR JUNE 23, 2020 COUNCIL MEETING (TOWN CLERK BRENDA TORRES) Video Start Time: 02:31:17 Councilor Underwood moved to approve the minutes from June 23, 2020 regular Council meeting. Mayor Pro Tem Phillips seconded the motion and the motion passed by a vote of 5 to 2. Councilor Wolf and Councilor Thuon voted no. 5.6. APPROVAL OF MINUTES FOR JUNE 30, 2020 SPECIAL COUNCIL MEETING (TOWN CLERK BRENDA TORRES) Video Start Time: 02:32:40 Councilor Underwood moved to approve the minutes from June 30, 2020 special Council meeting. Councilor Fancher seconded the motion and the motion passed by a vote of 5 to 2. Councilor Wolf and Councilor Thuon voted no. 6. WRITTEN REPORTS 6.0. Upper Eagle Regional Water Authority June 25, 2020 Meeting Summary (Mayor Smith Hymes) 6.1. July 7th & July 21st Planning and Zoning Commission Meeting Abstract (Planner David McWilliams) 6.2. Monthly Financial Report (Senior Accountant Nelly Burns) 6.3. Quarterly RETT Report (Senior Accountant Nelly Burns) 6.4. Council Elections Report (Town Clerk Brenda Torres) 6.5. Town Manager Report (Town Manager Eric Heil) AVON REGULAR MEETING MINUTES TUESDAY JULY 28, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 7. MAYOR & C OUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:34:26 Mayor Smith Hymes commented about the idea of the development of a commuter line on the Union Pacific (UP) Railroad. The issue, aside from Union Pacific approval, is funding. She had a call with Senator Bennett's office to discuss if there is any potential for federal funding. A commuter rail line in Eagle County has been attempted several times over the years and she will try to keep talking about it with the County. The group is trying to get the stakeholder group involved in August to be proactive about seeing what UP would require to make this a reality. Councilor Underwood thanked Mayor Smith Hymes for her time and energy in these efforts. Michael Cacioppo made a public comment about the noise of the train tracks when they were in service. He said houses were shaking and questioned if we want that again in Eagle County. Mayor Smith Hymes explained that if the stakeholders don’t support it, it won’t get off the ground and there is a significant difference between freight trains versus light rails. Councilor Thuon commented he would prefer to keep Council meetings in a virtual format with the reemergence of COVID-19 cases. Councilor Wolf asked when the last opportunity is to change the Town Charter. Town Attorney Paul Wisor explained that any changes to the Charter need a first and second reading and the deadline is September 4th, so it would have to be discussed at the two Council meetings in August. He clarified what "Ranked Choice Voting" is. Councilor Wolf believes the people should vote for the Mayor, not the Council. Mayor Smith Hymes suggested that Councilor Wolf talks to Town Attorney Paul Wisor and Town Manager Eric Heil if he wishes to advance these ideas for the August agendas. 8. EXECUTIVE S ESSION Video Start Time: 02:57:43 8.1. DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS ; DEVELOPING STRATEGY FOR NEGOTIATIONS; AND INSTRUCTING NEGOTIATORS; THE POTENTIAL PURCHASE OF REAL PROPERTY, AND CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE CONCERNING A POTENTIAL COMMUNITY HOUSING PROJECT PURSUANT TO CRS §24-6-402(4)(A), (B) AND (E). 8.2. DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS ; DEVELOPING STRATEGY FOR NEGOTIATIONS; AND INSTRUCTING NEGOTIATORS; THE POTENTIAL PURCHASE OF REAL PROPERTY, AND CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE CONCERNING A POTENTIAL PURCHASE OF RESIDENTIAL PROPERTY FOR TOWN OF AVON EMPLOYEE HOUSING PURSUANT TO CRS §24-6-402(4)(A), (B) AND (E). 8.3. CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE REGARDING POTENTIAL LEGAL CLAIMS FOR DEDICATED PARKING PURSUANT TO CRS §24-6-402(4)(B). 8.4. CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE REGARDING UPPER EAGLE RIVER WATER AUTHORITY AND EAGLE RIVER WATER AND SANITATION DISTRICT STRUCTURE PURSUANT TO CRS §24-6- 402(4)(B). AVON REGULAR MEETING MINUTES TUESDAY JULY 28, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE Mayor Smith Hymes moved to convene into Executive Session for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and instructing negotiators, the potential purchase of real property, and conference with the Town Attorney for the purpose of receiving legal advice concerning a potential community housing project pursuant to CRS §24-6-402(4)(a), (b) and (e); the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiation, and instructing negotiators, the potential purchase of real property, and conference with the Town Attorney for the purpose of receiving legal advice concerning a potential purchase of residential property for Town of Avon employee housing pursuant to CRS §24-6-402(4)(a), (b) and (e); the purpose of receiving legal advice regarding potential legal claims for dedicated parking pursuant to CRS §24-6-402(4)(b), and the purpose of receiving legal advice regarding Upper Eagle River Water Authority and Eagle River Water and Sanitation District structure pursuant to CRS §24-6-402(4)(b). Mayor Pro Tem Phillips seconded the motion and the motion passed by a vote of 6 to 1. Councilor Wolf voted no. The time was 8:02 p.m. Executive Session was hosted in a virtual format, using Zoom.us. Council members present were Tamra Underwood, Jennie Fancher, Amy Phillips, Scott Prince, Jake Wolf, and Chico Thuon. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, and Executive Assistant to the Town Manager Ineke de Jong. Executive Session started at 8:06 p.m. Executive Session ended at 9:06 p.m. Councilor Wolf wanted the record to reflect that he is objecting to a brief discussion with respect to the management of time between himself and Mayor Smith Hymes which was not related to the agenda. 9. A DJOURN There being no further business before Counc il, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:07 p.m. AVON REGULAR MEETING MINUTES TUESDAY JULY 28, 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, Town Clerk APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Jake Wolf Chico Thuon Jennie Fancher Scott Prince Tamra Underwood PLANNING AND ZONING COMMISSION MEETING ABSTRACT TUESDAY, AUGUST 4, 2020 1. CALL TO ORDER AND ROLL CALL Chairperson Lindsay Hardy called the regular meeting to order at 5:02 p.m. A roll call was taken, and Planning Commission members present were Rebecca Smith, Jared Barnes, Donna Lang, Steve Nusbaum, and Sara Lanious. Also present were Town Planner David McWilliams, Planning Director Matt Pielsticker, and Town Manager Eric Heil. 2. APPROVAL OF AGENDA Action: Commissioner Barnes motioned to approve the agenda. Commissioner Nusbaum seconded the motion and it carried unanimously 6-0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX-PARTE COMMUNICATION RELATED TO AGENDA ITEMS No conflicts or communication were disclosed. 4. CAPACITY BUILDING SEMINAR. AVON DEVELOPMENT STANDARDS OVERVIEW. Action: David McWilliams presented Avon Development Code section 7.28 with PZC. No public comments were taken. 5. CONSENT AGENDA 5.1. JULY 21 MEETING MINUTES 5.2. MJR20004 L63 B4 WR GARAGE Action: Commissioner Smith motioned to approve the Consent Agenda. Commissioner Smith seconded the motion and it carried unanimously 5-0. 6. ADJOURN There being no further business before the Commission adjourned the meeting at 6:00 p.m. These notes 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 970-748-4055 swright@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Scott Wright, Asst Town Manager / Finance Director RE: Review of Facilities Operation Agreement between Town of Avon and Confluence Metro District DATE: August 6, 2020 SUMMARY: Eric has asked me to provide an overview of the Facilities Operation Agreement between the Town of Avon (TOA) and the Confluence Metropolitan District (CMD). This is the agreement that governs the operations and maintenance and financial contributions that the Town makes regarding the Riverfront Gondola (Gondola) and the Public Plaza and Public Restrooms (Plaza) located between the Westin Riverfront Hotel and Spa and the Riverfront Villas timeshare lodge. The agreement was adopted on August 14, 2006. The agreement is perpetual in nature with no termination date, but is subject to annual appropriation by the Town. RIVERFRONT GONDOLA •CMD is responsible for the operation and maintenance of the Gondola; •TOA acknowledges that CMD may enter into a management agreement with Vail Resorts for operation of the Gondola; •Hours and times of operation shall be as agreed upon by CMD and TOA staff but unless otherwise agreed to shall not be less than December 20 through April 1; •Parties also acknowledge that Gondola operations may be closed for various reasons; •TOA shall make annual payments of fifty percent (50%) of CMD's operating budget for the Gondola, not to exceed $240,000 as adjusted annually by inflation. Actual contributions for Gondola operations the past three years have totaled the following: 2017 $226,048.80 2018 $211,950.80 2019 $242,848.80 As adjusted for inflation, for 2020 the actual cap on the Gondola contribution would be $324,613. This is based on the CPI index set at 197.7 in 2007 and 267.40 in 2019. PUBLIC PLAZA •The public shall enjoy a perpetual easement of use with no fee other charges for use. Open 365 days a year. Subject to reasonable hours of operation similar to other Town-owned public restrooms. •CMD is responsible for the operation and maintenance of the Plaza; •CMD and TOA shall cooperate in the use of the Plaza for public events such as art shows, craft fairs and concerts; •TOA shall make annual payments fifty percent (50%) of CMD's operating budget for the Plaza, not to exceed $40,000 as adjusted annually by inflation. Page 2 of 2 Actual contributions for Plaza operations the past three years have totaled the following: 2017 $35,793.88 2018 $33,820.57 2019 $34,645.46 As adjusted for inflation, for 2020 the actual cap on the Plaza contribution would be $54,102. This is based on the CPI index set at 197.7 in 2007 and 267.40 in 2019 REDUCTION IN PAYMENTS: The agreement provides for a pro-rata reduction in TOA payments, on a dollar-for-dollar basis, for either (1) inclusions of new property with the Avon Station/Confluence Metropolitan Districts or (2) new development occurring either on Lot B (vacant lot Next to Avon Center) or within the Mountain Vista Metropolitan District (Sheraton Mountain Vista). Thank you, Scott. ATTACHMENTS: Exhibit A – Facilities Operations Agreement Attachment A Attachment A Attachment A Attachment A Attachment A Attachment A Attachment A (970) 748-4118 gpadilla@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Gary Padilla, Director of Public Works RE: Richardson Ground squirrels DATE: August 4, 2020 SUMMARY: Town has recognized the Richardson Ground Squirrel population as a nuisance in the Town of Avon for several years. The 2020 Strategic Plan set forth goals as “Environmental: 3. Ground Squirrel: Reduce or eliminate Richardson Ground Squirrel population. Research third party services to assist.” The Town has had several emails and phone calls expressing concerns about the Richardson Ground Squirrel problems at several areas in Town, including Nottingham Park, Eaglebend Drive and along the Rail Road tracks. This report updates Council on efforts to reduce the Ground Squirrel population. This is submitted as a written report and no current action by Council is requested BACKGROUND: Currently, the Town of Avon has contracted Orkin Pest Control (“Orkin”) to provide service to the properties listed below. There was some confusion with the start date this spring because some, but not all, of our Orkin contracts were historically set-up to automatically renew each year. This did lead to the oversight of some areas. These areas were added to our contract at the end of May for service June through October. Staff will review and confirm that the appropriate contracts and services are in place early in the spring so that services are rendered on a timely and effective basis. PROPERTIES: 1 Lake Street • South side of Nottingham Lake along dam • West Side of Nottingham Lake along dam Post Blvd. • Along medians and roundabouts Avon Road • Along medians and roundabouts Hurd Lane, Eaglebend Drive and Eaglebend Pocket park • North side of roadway along trees *Many other properties are serviced by Orkin by other departments. CONTROL METHOD(S): Orkin is using a two-tiered bait method for control. This includes bait stations along the most heavily used rodent “thoroughfares” as well as baiting of individual burrows at select times. This has been a highly effective method to control numbers. Unfortunately, our Town properties are all abutted by other properties that may not control pests. As a result, the eradication goal becomes unfeasible, as they will continue to migrate in from surrounding areas. Species with numbers this high should be the focus of control rather than eradication. SPECIES BACKGROUND: The Richardson ground squirrel reaches maturity in the first year. At this point they began to breed, have a 3 - week gestation period, and will birth a litter of 5-8. This litter has a mortality rate around 45%, leading to exponential colony growth. The squirrel’s function as 3 groups adding to control difficulty. The males emerge first in early spring, then followed by females 1 to 2 months later after giving birth to their litter, followed by 1 to 2 months later by Page 2 of 2 offspring. Ground squirrels hibernate for approximately 8 months per year and booms in population are visible during the overlap of these three groups above ground. 2021 CONTROL PLAN: Control efforts will continue through the rest of 2020 until fall when the last of the rodents begin to hibernate. The year 2021 will be approached aggressively with all contracts slated to begin May 1, 2021 through the end of October, 2021. FINANCIAL CONSIDERATIONS: There are no financial considerations at this time, payment for services to Orkin are in the Public Works (415) Budget at $ 15,000 annually. MANAGER’S COMMENTS: A significant portion of the Union Pacific Railroad is infested with Richardson Ground Squirrel populations. We will contact Union Pacific to request cooperation and participation. We will also explore the Town’s nuisance regulations and authority to abate nuisances to address adjacent properties that may also have infestations. Thank you, Gary 970-748-4065 ddempsey@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Danita Dempsey, CASE Manager RE: Summer Events Update DATE: August 3, 2020 SUMMARY: This is submitted as a written report and no action by Council is requested. The report provides an update to the May 26, 2020 report on Avon’s special events program regarding cancelations, rescheduled events, completed and future planned “un-events”; and, provides a brief snapshot of regional event adjustments. Additionally, the report provides a re-cap of the Eagle County Public Health Order (“PHO”) as related to event operations and the necessary adjustments during the different phases of the PHO. The additional cancellations are expected to result in a net additional reduction of expenses in the amount of $107,860 since the April amendment. BACKGROUND: There have been many events locally and regionally which have been rescheduled and/or cancelled in recent months. In summary, the events highlighted in the list below have been cancelled or rescheduled since the last update on May 26, 2020: 1. Cancelations: a. Egg Hunt b. Vail Valley Lacrosse Tournament c. Salute to the USA d. Pose & Paddle Battle e. Vail Valley BrewFest in Avon f. Triple Bypass g. XTERRA Mountain Championship h. Dancing in the Park i. Flynn Creek Circus j. Colorado Classic k. Summer’s End Party l. AvonLIVE! July 15th through August 26th m. Lakeside Cinema July 17th through August 27th 2. Rescheduled: a. Possibilities in Avon: Weekly Art Expo – moved to August 12th through September 9th b. Avon Arts Celebration – moved from July 24th – 26th to September 11th -13th Currently, the Avon Art Festival will take place as originally scheduled on Saturday, September 5th and Sunday, September 6th (Labor Day weekend) in Nottingham Park instead of the Main Street Mall. This change in venue will allow ample room to space vendor tents, provide pedestrian walkways, sanitization stations, etc. in compliance with the current PHO. The attached Exhibit A – Avon Events Calendar, provides an update on Avon events as of the date of this report. 970-748-4065 ddempsey@avon.org 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 was successful in launching a two small community focused music series (“un-events”), temporary short-term art installations and permanent art installations to include but not limited to the following: 1. The weekly SunsetLIVE! music series began on Sunday, June 28th and continues through Sunday, September 6th SunsetLIVE! features local musicians performing in an intimate environment on the event terrace (back of the stage) between 6:00 and 8:00 p.m. 2. Pop Up Music is a weekly music series which began on Saturday, July 11th and continues through Sunday, September 5th. Musicians play on the Main Street Mall at Lettuce Shed Lane somewhere between the hours of 12:00 p.m. and 5:00 p.m. for a two-hour period. 3. 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. Update: Project was installed on June 2nd and will be removed after Labor Day. 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! Update: Local artist Steve Kiene began work the week of August 3rd with completion by Labor Day weekend. 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. Update: The Laser Image program began Friday, June 19th and ran from approximately 8:45 p.m. to 10:30 p.m. on the following dates: i. Friday, June 26 and July 3 ii. Saturday, June 20, June 27, July 4, July 11 and July 18 d. NEW - Every Thursday, July 16th through August 13th between the hours of 6:00 p.m. to 9:00 p.m. Ein Prosit hosts a “Block Party” in the parking lot in front of their business featuring live music with local musicians. The Town provided $2,000 in cash funding to further support live music in Avon. 970-748-4065 ddempsey@avon.org e. NEW - The final touches are being done on a Virtual Scavenger Hunt to provide the community with a fun, family-friendly and energetic activity while learning more about Avon’s history and “gems”. The Virtual Scavenger Hunt is currently scheduled to launch Friday, September 4th and close Friday, September 18th. f. NEW – Staff is working in collaboration with the Vail Valley Art Guild to identify four local photographers to capture images which memorialize and represent "Avon in the Time of COVID" with the goal for completion by mid-October. The installations and activations listed above as well as others are detailed in the attached Exhibit C. 4. Permanent Short- & Long-Term Art Installations a. Playable Music Instruments – Update: Four instruments have been ordered and will arrive in early November for installation in Spring 2021. 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 Avon Transit bus stops. Update: Local artist Tara Novak was engaged for this project. Three park benches have been completed; one is placed between Rec. Center and Library; and, two are placed on Chapel Place near the Avon Transit bus stop. Project will be completed by September 4, 2020. The installations listed above as well as others are detailed on the attached Exhibits D, E and F. PUBLIC HEALTH ORDER & EVENT OPERATIONS: Staff developed a detailed Event Operations Procedures for event operations during the Public Health Order (PHO) Phase 3 (Black Diamond Phase), see Exhibit G. The plan detailed protocols and expectations for the following: 1. Codes of Conduct - Patrons, Staff & Artists 2. Distancing and Spacings – Seating Sections, Ingress and Egress 3. Communication – Marketing and Signage 4. Portalets – Placement, Signage and Sanitation 5. Sanitation – Public Areas, Back of House, Cleaning and Documentation 6. Security – Security, Medical, Emergency Response and Evacuation 7. Seating Diagram – 12’ Distance between Subgroups 8. Nottingham Park – Seating Section Diagram and Site Layout 970-748-4065 ddempsey@avon.org Staff submitted and reviewed the Event Operations Procedures with the Eagle County Public Health Department on two occasions resulting in an unofficial approval from the Eagle County Public Health Department to proceed AvonLIVE! and Lakeside Cinema beginning on June 24th with multiple groups of 250 (Black Diamond Phase). Shortly after receiving the unofficial approval, and on June 18th, the Colorado Department of Public Health & Environment released the “Seventh Amended Public Health Order 20-28 Safer at Home and In The Vast, Great Outdoors” which restricted the number of people at outdoor gatherings to 175, mandated the walkways between groups be 50’ instead of 20’; and, each individual was required to have 144 square feet of space. Staff worked collaboratively with the Eagle County Public Health Department and on June 23rd received approval to proceed with multiple groups of 175 people with 50’ walkways. The June 24th and July 1st AvonLIVE! events were executed with these restrictions in place. On July 8th we were able to decrease the walkways to 24’ which was compliant with the local PHO. On July 15th due to an increase in local cases and in anticipation of the PHO changing further restricting events, our ability to execute and the safety of our community, the decision was made to cancel AvonLIVE! and Lakeside Cinema. FINANCIAL CONSIDERATIONS: With the continued cancellation and/or reduction of events in Avon and in our neighboring communities, we currently anticipate an additional reduction in the events budget of $107,860 since the April amendment. A brief summary is provided below, and the attached Exhibit H provides an event by event breakdown of costs and savings. Thank you, Danita ATTACHMENTS Exhibit A – Avon Events Calendar Update Exhibit B – Regional Events Update Exhibit C – Temporary Short Term Exhibit D – Permanent Short & Long Term Exhibit E – Park Benches Example Exhibit F – Music Instruments Exhibit G – Nottingham Park Event Operating Procedures Exhibit H – Events Budget Update Total Approved 2020 Budget 538,287.00$ April Budget Amendment Savings (311,989.00)$ Amended Approved 2020 Budget 226,298.00$ Additional Savings To Date Less Cost of Small Events, Art & Music 107,860.00$ Total Savings To Date By Event 459,032.00$ Events Budget: Net Savings 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 Lacrosse 12 13 14 15 16 17 18 XTERRA 19 20 21 22 23 24 25 AvonLIVE! Beginning 7/15 26 27 28 29 30 Lakeside Cinema beginning 7/17 Colorado Disc Dogs 7/18 S M T W T F S Youth Power 365 Private Rental 8/11 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 30 31 S M T W T F S JUNE EXHIBIT A 2020 Avon Calendar of Events MAY APRIL Key / Legend MSM: Main Street Mall Nottingham Park - Main Athletic Field Non Funded Event 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Lacrosse postponed to July 21 22 23 24 25 26 27 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 Avon Live! 1 Salute to the USA 3 5 6 7 8 9 10 11 Avon Live! 8; SunsetLIVE! 5; Lakeside Cinema 10; Pop-Up Music 11 Triple Bypass 11 12 13 14 15 16 17 18 The He(art) of Vail Valley Youth 12; SunsetLIVE! 12; Pop-Up Music 18 AvonLIVE! 15; Lakeside Cinema 17; XTERRA 18; Colorado Disc Dogs 18 19 20 21 22 23 24 25 SunsetLIVE! 19; Pop-Up Music 25 AvonLIVE! 22; Lakeside Cinema 24; Special Edition 25; Avon Arts Celebration postponed to Sept. 26 27 28 29 30 31 SunsetLIVE! 26 AvonLIVE! 29; Lakeside Cinema 31; Lacrosse 27- 29 S M T W T F S 1 2 3 4 5 6 7 8 SunsetLIVE!7; Pop-Up Music 8 Dancing in the Park 3, 6; AvonLIVE! 5; Lakeside Cinema 7; Pose and Paddle Battle 8; Vail Valley 9 10 11 12 13 14 15 SunsetLIVE! 9; Weekly Art Expo 12; Pop-Up Music 15 Private Rental 11; AvonLIVE! 12; Lakeside Cinema 14; Flynn Creek Circus (13-16) 16 17 18 19 20 21 22 SunsetLIVE! 16; Weekly Art Expo 19; Pop Up Music 22 AvonLIVE! 19; Lakeside Cinema 21 23 24 25 26 27 28 29 SunsetLIVE! 23; Weekly Art Expo 26; Pop-Up Music 29 AvonLIVE! 26; Lakeside Cinema 28; Colorado Classic 28 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; Pop Up Music 5; Avon Art Festival 5,6 AvonLIVE! 2 6 7 8 9 10 11 12 SunsetLIVE! 6; Weekly Art Expo 9; Avon Arts Celebration 11-13 13 14 15 16 17 18 19 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 / Rescheduled Reimagined MESSAGE POSTED ON WEBSITE: To ensure we provide the safest experience, we will open with limited summer activities, focused first and foremost on getting you on the mountain. Blues, Brews, and BBQ 5/24 CANCELLED Beaver Creek Rodeo June - Aug.CANCELLED Wine & Spirits Festival Mid- August CANCELLED Oktoberfest Aug 30 - 31 CANCELLED Weekly events that are happening: Movies under the stars (Tuesdays) Daily Village Music FAC (Fridays) Silent Disco (Fridays & Saturdays) Zusammen (marketplace & dining on Saturdays) Aug-Sept 19. No events passed Sept 19 REIMAGINED Event Date Cancellation MESSAGE POSTED ON WEBSITE: The Vilar Performing Arts Center has RESCHEDULED or rescheduled all headliner artists between now and the end of August, but is evaluating opportunities for hosting smaller events in light of Eagle County Health’s latest PHO. VPAC's CANCELLED THROUGH AUG. Ghostlight Sessions (streamling live shows)7-May REIMAGINED - ticketed w/ 100 limit Event Date Cancellation Go Pro Games 8/20-8/23 RESCHEDULED Hot Summer Nights Tuesdays in August REIMAGINED - ticketed w/ 175 limit Michael Franti 6/7/2020 RESCHEDULED Vail Dance Festival 7/31-8/11 REIMAGINED - special online events on Facebook and Youtube. 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 Events that are happening: Jazz in the park (Fridays) GOPRO Mountain Games Elements (Select Saturdays) Movie Nights at the Amp (Saturdays, $10 tickets) August REIMAGINED Vail Exhibit B - Regional Events Update Beaver Creek Vail Valley Foundation Vilar Page 1 Event Date Cancellation Bonfire Block Party 8/28-8/30 CANCELLED Eagle Flight Days 6/26 No event inforrmation related COVID-19 Eagle Outside Festival 8/28 No event inforrmation related COVID-19 Event Date Cancellation FROM THEIR WEBSITE: It appears their events section of the website has been unpublished: (https://www.townofgypsum.com/playexplore/events) Town Clean-up Day 5/16 RESCHEDULED, Fall date TBD Gypsum Days 7/16-7/18 CANCELLED 4th of July Celebration with Town of Eagle 7/4 CANCELLED Event Date Cancellation WAVE: Light + Water + Sound 5/28-5/31 RESCHEDULED to 2021 Gold Panning Championships 6/19-6/21 CANCELLED Breckenridge Summer Beer Festiival 7/11 CANCELLED Breckenridge Food and Wine Festival 8/4 CANCELLED Breck Epic 8/15-8/20 RESCHEDULED to 2021 Hogfest Bacon and Bourbon 8/28-8/30 CANCELLED Strings, Beers, and Ciders 9/25-9/27 CANCELLED Breckenridge Octoberfest 9/11-9/13 Currently determining if they can comply with PHO Breckenridge Wine Classic 9/17-9/19 No event inforrmation related COVID-19 Breckenridge Film Festival 9/17-9/20 REIMAGINED - Drive-in format and an online format Breckenridge Strings, Beers & Ciders 9/25-9/27 CANCELLED Breckenridge Craft Beer Festival 10/9-10/11 No event inforrmation related COVID-19 Event Date Cancellation First Fridays April-May REIMAGINED - Select few are virtual Country Western Dance April/May CANCELLED Free Concerts 6/13-9/12 TBD Event Date Cancellation No events on the 2020 events calendar 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 Keystone Oktoberfest 9/5 No event inforrmation related COVID-19 Event Date Cancellation Kids Egg Hunt 4/12 CANCELLED Gypsum Breckenridge Silverthorne Keystone Frisco Eagle Dillon Page 2 "Concerts NOT in the Park"Thurs Jun-Sep REIMAGINED - During the “new normal” this will largely be live broadcasted from Ten Mile Music Hall. Annual Main Street to the Rockies Art Festival 8/8-8/9 RESCHEDULED TO 2021 Frisco's Fall Fest 9/12-9/13 RESCHEDULED TO 2021 Fall Locals' Party: Boats, Bloodies and Brunch 9/20 RESCHEDULED TO 2021 Annual Colorado BBQ Challenge 9/25-9/26 RESCHEDULED TO 2021 Event Date Cancellation No specific cancellations or COVID information listed on website at this time, events happening are farmers market, walking tours, music on the green, yoga on the green and artwalks. Event Date Cancellation Aspen Saturday Market June-Oct REIMAGINED - only online Summer Words Writers Conferences 6/21 REIMAGINED - Virtual format Food & Wine Classic 6/19-6/21 RESCHEDULED TO 2021 JAS Aspen 6/24 CANCELLED Aspen Ideas 6/26 CANCELLED Event Date Cancellation Mountainfilm May 15-25 REIMAGINED - Virtual format 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 Blues and Brews 9/18-9/20 Not cancelled, but cancellation likely according to event organizers The Mountain Village has added daily live music to keep guests and residents entertained this summe REIMAGINED Event Date Cancellation "All events are subject to cancellation or rescheduling" -BV website Seven Peaks Music Festival 9/4-9/7 Not cancelled, no COVID-19 information on website Free Live Music on Saturdays REIMAGINED 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 Salida Steamboat Aspen Telluride Buena Vista Page 3 ALL AUGUST EVENTS WIPED FROM CALENDAR (exception of private wedding) Website mentions "For May and June we are reviewing the events on a weekly basis due to the COVID-19 impacts." so hasn't been updated in a while. Event Date Cancellation Red Rocks N/A CLOSED UNTIL FURTHER NOTICE Cherry Creek Arts Festival 7/3-7/5 CANCELLED Frontrange Festivals Page 4 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 $1,640 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 - COMPLETE 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. COMPLETE 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 POSTPONED TO 2021 N/A June Faces on Trees VVAG or TOA $1,400 MSM, Park, 6-12 trees End of May - End of June N/A Surprise and delight with face designs on trees. COMPLETE BY SEPTEMBER 4TH 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. PURCHASE THIS YEAR WITH INSTALLATION IN SPRING 2021 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. COMPLETE www.homeforhounds.org June - July Laser Image on Mtn. (North side of I-70) Mountain Man Productions $4,000 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. COMPLETE 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. POSTPONED TO 2021 http://candychang.com/work/before-i-die-in-nola/ ; https://beforeidieproject.com/ July - August NEW - Ein Prosit Block Party Kerri Thelen $2,000 89200 E. Beaver Creek Blvd. Mid-July - Mid- August Mid-August Every Thursday, July 16 through August 13 between the hours of 6-9p.m Ein Prosit hosting a Block Party in the parking lot in front of their business featuring live music with local musicians. The Town provided $2,000 in fundng to further enhance/support live music in Avon. August Chalk Artist Design VVAG TBD Possibilities Plaza, Lettuce Shed Lane, other?August TBD Larger scale chalk design. POSTPONED TO 2021 https://www.larimerarts.org/ September NEW - Avon in the Time of COVID VVAG $2,000 TBD Mid-October TBD Working in collaboration with the VVAG, identify 4 local photographers to capture images which memorialize and represent "Avon in the Time of COVID" September NEW - Virtual Scavenger Hunt TOA Events Dept.$500 N/A Sept. 4 - 18 Sept. 18 Idea presented by Councilor and CASE Committee member Amy Phillips to virtually engage the Avon community in a fun energetic activity during a time when in-person gathering in limited. Details are currently in pl;anning process. *in 2020 approved Econ. Dev. Budget Temporary Short Term: Next 30-90 Days Exhibit C 1 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: Winter/Summer 2021 2 Month Idea Artist, if applicable Estimated Cost Installation Location Target Installation Dates Removal Dates Description / Notes Links August Playable Music Instruments Nature's Instruments and Freenotes $14,100 1.) In the “playground” near the bus stop on Lake Street and across the street from Rec. Center; 2.) South side of the rec center in the concrete area to the left of the door as you are facing the entrance; 3.) South side of the rec center in the concrete area to the right where there is a low-medium height hedge; 4.) East side of the rec center between the rec center and the library where there are currently two park benches. Replacing one of the two benches Spring 2021 Permenant Report to Council May 26; INSTRUMENTS ARRIVE EARLY NOVEMBER FOR INSTALLATION IN SPRING 2021 See Exhibit F July - August Decorating Benches in Town Local Artist Tara Novak $5,000 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 September Permenant Tara Novak contracted for project and began in mid-July for completion in early September See Exhibit E 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/ Mural VVAG Commissioned South East facing wall of Rec. Center TBD TBD Permanent Short Term: Next 60-90 Days Permanent Long Term: 2021 - 2025 Exhibit D 1 COMPLETE: Bus Stop @ Christy Sports / E. Benchmark (1)COMPLETE: Bus Stop @ Christy Sports / E. Benchmark (2) COMPLETE: Between Rec. Center & Library RAB# 3 - First Bank / Avon Road Bench Locations Exhibit E 1 Bus Stop @ Pier One / Beaver Creek Place RAB# 4 - US Bank / Avon Road 2 1 EXHIBIT F Musical Instrument Playground Equipment Location Instrument Picture Cost Area A: In the “playground” near the bus stop on Lake Street and across the street from Rec. Center (there is a small area with features resembling logs with wood chips). Natures Instruments: Soaring Amadinda- Keys with 4-Post Log Frame $7,755 Area B: South side of the rec center in the concrete area to the left of the door as you are facing the entrance (where the Zagster bike racks currently are) Natures Instruments: Thunder Drums- Set of 3 Drums Mounted to Log Posts Area C: South side of the rec center in the concrete area to the right where there is a low- medium height hedge. Freenotes Harmony Park: Botanical Collection- Freenotes Flowers Surface Mount Ensemble Collection $6,274 Area D: East side of the rec center between the rec center and the library where there are currently two park benches. Replacing one of the two benches Freenotes Harmony Park: Aria Xylophone- (With Recycled Surface Mount Kit) TOTAL $14,029 2 C B Area A Area B Area C Area D Nottingham Park Event Operating Procedures June 12, 2020 Page 1 of 5 INTRODUCTION: The Town of Avon’s Event Operation Procedures implement the current Eagle County Public Health Order for outdoor gathering events to accommodate multiple groups of 250 persons on the main field at the Harry A. Nottingham Park (“Park”). Planned events include AvonLIVE! music performances on Wednesday nights, running from June 24th through August 26th and Lakeside Cinema on Friday nights running from July 10th through August 28th. The Event Operation Procedures use the large flat main filed area of the Park to spread attendees out in excess of the minimum social distancing requirements. Specifically, attendees would maintain 6’ social distancing and sub-groups of attendees would be seated 12’ away from adjacent sub-groups. The expected size of sub-groups may range from individuals up to groups of eight based on observations from past projects in the Park. Seating areas are divided into Sections A, B and C which may collectively accommodate 720 persons. Seating areas are divided by 20’ walkways which encompass the perimeter. In order to minimize potential for lapses in social distancing, there will be no food or alcohol sales during events to avoid the potential for line queues. Park ingress and egress can occur from all directions which reduces the potential, or inadvertent pressure, for attendees to bunch up closer than the 6’ social distance guideline. The Town reserves the right to stop a performance or film showing if it appears that the number in attendance exceeds the Town’s ability to provide effective guidance on social distancing and COVID-19 protocols. The Eagle County Public Health Order Five Commitments of Containment are incorporated into the Codes of Conduct as follows: 1.No one may come to an event in the Park if they are experiencing any Covid-19 symptoms, including cough, fever, muscle pain, or loss of taste or smell. 2.Use of a facial covering is highly encouraged during ingress and egress and while moving in walkways. 3.Do not attend the event if you have been exposed to someone who has tested positive or who is exhibiting Covid-19 symptoms 4.Maintain 6’ of distance from other individuals not in your household group 5.Maintain 12’ of distance from other sub-groups of individuals 6.Wash hands often 7.Persons with higher health risk are encouraged to not attend these public events NOTTINGHAM PARK EVENT OPERATING PROCEDURES JUNE 12, 2020 CODES OF CONDUCT Patrons, Staff & Artists EXHIBIT G Nottingham Park Event Operating Procedures June 12, 2020 Page 2 of 5 SEATING SECTIONS: The Park main field is approximately 150’ across near the front of the Avon Pavilion Stage, then increases to approximately 275’ across moving further away from the Avon Pavilion Stage. Each seating section will be 80’ deep. Section A is approximately 17,000 sq.ft., Sections B and C are approximately 22,000 square feet each. This area provides approximately three times the minimum space required per person with social distancing (28’ sq.ft.). 220 persons x 28 sq.ft. per person = 6,160 [Section A]. 250 persons x 28 sq.ft. per person = 7,000 sq.ft. [Sections B and C]. Seating Sections would be clearly labeled to facilitate contact tracing should there be a need. See the Seating Diagram below which illustrates separating sub-groups by 12’. INGRESS AND EGRESS: Ingress and egress is expected to occur via Lake Street to the east, Benchmark Road to the southeast, the Nottingham Beach area to the north, and the south side of Nottingham Lake on the southwest. Due to the disbursed locations of public parking along Lake Street, Benchmark Road, and West Beaver Creek Boulevard (north side of the Park) we expect persons walking in and walking out will take many routes. We also expect that residences on the west, north and east sides of the Park will walk into the Park from multiple directions. No entry or exit gates are planned which is intended to avoid the potential to cause attendees to bunch-up while entering and exiting the Park. The Park has established recreational paths surrounding the main field area which are approximately 6’ wide. 20’ wide walkways will be marked and signed between the designated seating Sections A, B and C to facilitate ingress and egress to Seating Sections while maintaining social distancing. SEATING ATTENDANTS: An important and practical operating procedure will be the presence of at least four Seating Attendants that will greet and guide attendees as they enter the Park to assist them with proper spacing between sub-groups and to oversee that each Seating Section does not exceed capacity. Seating Attendants will wear face coverings and will have free face coverings to offer to attendees. MARKETING: Marketing will be limited to Avon residents and visitors staying in Avon. Unlike past events, Avon will not market to the greater Eagle County region. Events in the Park are open to the public; however, the marketing plan will not actively seek to draw residents and visitors outside the Town of Avon. Overall marketing will occur through Avon’s website, newsletter and social media. MARKETING MESSAGE: The following information will be conveyed in our local marketing: •Event description and times DISTANCING AND SPACING PROTOCOLS Seating Sections, Ingress, and Egress COMMUNCATION PROTOCOLS Marketing and Signage Nottingham Park Event Operating Procedures June 12, 2020 Page 3 of 5 •Covid-19 Protocols and Codes of Conduct •Bring your own food and beverage with no food or beverage concessions. SIGNAGE: Multiple signs will be placed during events at all ingress areas for seating. Signage will include the Covid-19 Protocols and Codes of Conduct as well as separate art signage to physically illustrate the 6’ social distancing requirement and the 12’ distancing requirement between sub-groups. Signage will also be placed for the portalets to ensure social distancing when waiting in line (i.e. ground markers) and to encourage washing hands. Seating Sections will be clearly labeled to facilitate contact tracing. PORTALETS: A minimum of five portalets will be placed on the perimeter of the venue to assist with disbursing users. The portalets will be in addition to the public restroom on the north east side of the main field. Portalets will be spaced at least 6’ apart and there will be an individual wash station for each portalet to facilitate hand washing. Signage will encourage handwashing and to remind persons waiting in line to maintain 6’ social distancing. Ground markers will be placed to indicate 6’ social distancing while waiting in line for a portalet. PUBLIC AREAS: The public restroom, portalets, handwashing stations, public tables and chairs will be cleaned before the event. High touch surfaces for the public restroom (sink faucets and counters, toilet handles, soap and towel dispensers and baby changing stations), portalets (i.e. handles), handwashing stations and trash/recycling receptacle touch points will be cleaned once each hour during the event. Staff will wear face coverings while cleaning during an event. BACK OF HOUSE: Non public areas will be cleaned before the event, including door handles, handrails, push plates on Pavilion stage, basement and Green Room, bike rack or other barricades, tables and chairs (temporary and permanent),trash/recycling receptable touch points, sink faucets and counters, toilet handles, soap and towel dispenser handle in Green Room. CLEANING PROTOCOLS: Town will follow the COVID-19 Guidance for Cleaning Public Restrooms issued by Eagle County. Both cleaning and disinfecting will be used before the event and once each hour on public high touch surfaces during the event. Disinfecting will use an EPA registered disinfectant for use against the novel coronavirus. DOCUMENTATION: Staff and designated personnel will be responsible for completing and preserving logs to document time and frequency of cleaning and disinfecting. PORTALETS Placement, Signage and Sanitation SANITATION Public Areas, Back of House, Cleaning Protocols, Documentation Nottingham Park Event Operating Procedures June 12, 2020 Page 4 of 5 SECURITY: Avon Police Department will have an officer present duirng events who is subject to call-out in the event of a police response call elsewhere in Avon. MEDICAL: Patrons, staff and artists will be noticed to call 911 in the event of an emergency. A first aid kit is located at the Avon Pavilion Stage to address minor medical issues. EMERGENCY RESPONSE/EVACULATION: Staff will monitor weather forecasts and incoming weather for signs of potential extreme weather. If extreme weather seems likely or imminent, the event will be stopped and attendees will be instructed to leave the Park. If the onset of extreme weather is too rapid to allow time for attendees to leave the park and return to their homes or cars, attendees can shelter in the Avon Recreation Center where social distancing protocols and use of face coverings will be utilized. Infrastructure such as PA systems, tents, etc, will immediately be dropped to ground level. This diagram depicts 50 people, with 6’ social distancing between persons not in their household, arranged in typical social sub-groups. Sub-groups would be seated 12’ from adjacent sub-groups. This spacing results in approximately 50 people seated in a 70’ x 80’ area (5,600 sq.ft.) which is approximately 112 sq.ft. per person and approximately 4 times more space than the required minimum of 28 sq.ft. per person. Each red arrow is 12’. SECURITY Security, Medical, Emergency Response & Evacuation SEATING DIAGRAM 12’ Distance between Sub-Groups Nottingham Park Event Operating Procedures June 12, 2020 Page 5 of 5 HARRY A. NOTTINGHAM PARK Seating Section Diagram and Site Layout Total Approved 2020 Budget 538,287.00$ April Budget Amendment Savings (311,989.00)$ Amended Approved 2020 Budget 226,298.00$ Additional Savings To Date Less Cost of Small Events, Art & Music 107,860.00$ Total Savings To Date By Event 459,032.00$ Company / Producer Event Name Total Approved Budget April Budget Reduction / Remaining Budget April Budget Reduction / Savings Per Event Current / Reduced Budget Add'l Savings To Date Total Savings Per Event Town of Avon Avon Egg Hunt $ 14,425.00 $ 1,899.00 $ 12,526.00 $ 1,899.00 $ - $ 12,526.00 Vail Colorado Lacrosse Vail Lacrosse Tournament $ - $ - $ - $ - $ - $ - Town of Avon AvonLIVE! $ 144,476.00 $ 64,550.00 $ 79,926.00 $ 21,106.00 $ 43,444.00 $ 123,370.00 CCM Events Possibilities in Avon - Weekly Art Expo $ - $ - $ - $ - $ - $ - Beaver Creek Resort Company Beaver Creek Resort Company $ 10,000.00 $ 10,000.00 $ - $ - $ 10,000.00 $ 10,000.00 Town of Avon Salute to the USA $ 193,787.00 $ 41,250.00 $ 152,537.00 $ 41,250.00 $ - $ 152,537.00 Team Evergreen - Triple Bypass Triple Bypass $ 4,500.00 $ 4,500.00 $ - $ - $ 4,500.00 $ 4,500.00 Team Unlimited XTERRA Mountain Championship $ - $ - $ - $ - $ - $ - CCM Events Avon Arts Celebration $ - $ - $ - $ - $ - $ - Vail Valley Foundation / Vail Dance Dancing in the Park $ 60,000.00 $ 60,000.00 $ - $ - $ 60,000.00 $ 60,000.00 Right On Production Vail Valley BrewFest $ 32,000.00 $ - $ 32,000.00 $ - $ - $ 32,000.00 Get Connected Events Flynn Creek Circus $ 35,000.00 $ - $ 35,000.00 $ - $ - $ 35,000.00 Town of Avon / RPM / Medalist Colorado Classic $ 26,704.00 $ 26,704.00 $ - $ 5,000.00 $ 21,704.00 $ 21,704.00 Vail Valley Soccer Vail Valley Soccer Cup $ - $ - $ - $ - $ - $ - Colorado Events Avon Art Festival $ - $ - $ - $ - $ - $ - Town Produced Event Commuity Picnic $ 7,395.00 $ 7,395.00 $ - $ - $ 7,395.00 $ 7,395.00 10th Mountain Management Man of the Cliff $ 10,000.00 $ 10,000.00 $ - $ 10,000.00 $ - $ - TOTALS: $ 538,287.00 $ 226,298.00 $ 311,989.00 $ 79,255.00 $ 147,043.00 $ 459,032.00 EXHIBIT H Budget Reductions / Savings By Event: August Events Budget: Net Savings Page 1 Event Name Proposed/ Actual Cost Town Clean Up Day (food, music, supplies) $ 2,000.00 SunsetLIVE! $ 7,000.00 Lakeside Cinema $ 4,000.00 Pop Up Music $ 4,000.00 Mountain Man Laser $ 4,000.00 Avon Elementary School Art Project $ 1,640.00 Art Signage for Events + Printing $ 1,943.00 Faces on Trees $ 1,400.00 Park Benches Decoration (6) $ 5,000.00 Misc.(bridge banners, 5 commitments, TIPS training) $ 1,500.00 Business Support (Ein Prosit music) $ 2,000.00 Donated Sculpture Base $ 200.00 Virtual Scavenger Hunt $ 500.00 JJ's Cleaning, Field Markers, A-Frames $ 2,000.00 Avon in the Time of COVID $ 2,000.00 TOTALS: $ 39,183.00 Small Community Events, Art & Other: Costs Page 2 (970) 748-4087 ewood@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Elizabeth Wood, Communications & Marketing Manager RE: 2021 Town of Avon Community Grant Program Funding DATE: August 3, 2020 SUMMARY: For purposes of efficiency, this memorandum has been prepared as a written report to notify Council of Staff’s recommended approach to the 2021 Town of Avon Community Grant Program. Application materials for the 2021 Town of Avon Community Grant Program were released on July 31, 2020 and can be found at www.avon.org/communitygrants. The application deadline is August 31, 2020 at 5:00 p.m. The Ad Hoc Review Committee will meet during the week of September 14, 2020 to review all submitted applications and make funding recommendations. The Ad Hoc Review Committee, which is appointed by the Town Manager, will be comprised of citizens representing businesses and nonprofits and members of Staff. At the Budget Retreat that will be held on Friday, October 30th, 2020, Staff will present the 2021 Community Grant Program Requests and Recommendations Funding Summary that will include recommendations for funding (both cash and in-kind), conditions of funding, if any, and supporting information. FINANCIAL CONSIDERATIONS: *Please note that in 2020, a Community Partners program was created and separated from the grant program. Community Partners do not submit annual grant applications. The budget for 2021 Community Partners funding is $114,505. RECOMMENDATION: Town Staff recommends matching the 2020 Community Grant funding at $92,000 for 2021. Thank you, Elizabeth Wood Avon Office 0070 Benchmark Road, Unit 104 P.O. Box 5450 Avon, Colorado 81620 Telephone (970) 300-4373 GARFIELD & HECHT, P.C. ATTORNEYS AT LAW Since 1975 www.garfieldhecht.com To: Honorable Mayor Sarah Smith Hymes; Avon Town Councilmembers CC: Eric Heil From: Paul Wisor Re: Gallagher Stabilization Ballot Question Date: July 16, 2020 This memorandum is presented to you to summarize 1) Sections 3 and 15 of Article X of the Colorado Constitution (collectively, the “Gallagher Amendment” or “Gallagher”), 2) the Gallagher Amendment’s impact on Town of Avon’s finances generally and 3) the impact on the Town if a predicted decrease in the residential assessment rate comes to fruition. The memorandum also sets forth a proposed ballot question that would diminish the impact of the Gallagher Amendment by allowing the Town to increase or decrease its mill rate in order to effectively achieve a permanent residential assessment rate of 7.15 %, the rate currently imposed on residential properties in Town and throughout the State of Colorado. Background The Gallagher Amendment was adopted in 1982 in response to ongoing concern about ever-increasing residential property taxes. The Gallagher Amendment divides the state’s total property tax burden between residential and nonresidential property. Gallagher requires that 45% of the total amount of state property tax collected must come from residential property and the remaining 55% must come from commercial property. Gallagher goes on to provide the assessment rate for commercial properties is permanently fixed at 29%. Given the assessment rate for commercial properties is set at 29%, the General Assembly must set the residential assessment rate (the “RAR”) every odd year in order to maintain the 45%/55% allocation between residential and commercial taxes mandated by Gallagher. In 1982, the RAR was at 21%, but due to significant growth in the residential real estate market in the last forty years the RAR has decreased significantly over time, and the RAR was most recently set at 7.15% in 2019. Gallagher Impact As a general matter, an individual’s property tax bill, and the amount ultimately received by the Town, is calculated using the following formula: Property Tax = (Market Value of Property) x (RAR) x (Town of Avon Mill Rate) As you can see, the Town of Avon is only able to control one of these factors, the mill rate, but, as we will further discuss, even control of this factor is limited by Art. X, Section 2o of the Colorado Constitution (“TABOR”). In good economic times increased residential property values should result in an increase in property tax revenues to the Town; however, because increases in residential property values have historically outpaced increases in commercial property values in Colorado, the RAR has decreased. As a result, any significant increase in revenues that could be realized by the Town is diminished or otherwise eliminated. Of course, this is good news from a property owner’s perspective as their property taxes ultimately do not reflect the true value of their property. While this general approach would seem not to have a particularly significant impact on the Town, it is important to remember Gallagher, and the RAR in particular, are focused on Colorado as a whole rather than regionally or locally. As such, it is often the case that residential property values outside the Denver metro area do not rise as quickly or as significantly as residential properties in and around the Denver metro area. Consequently, the decrease in the RAR is often disproportionately lower than the increase in property values in mountain and rural communities throughout Colorado. Municipalities in mountain and rural communities therefore lose out on tax revenue as compared to their Front Range counterparts. 2021 Reassessment As required by Gallagher, the General Assembly will again set the RAR in 2021. As is traditionally the case, several weeks ago the State Property Tax Administrator released an estimate of the RAR for 2021. Given the robust residential real estate market over the last two years, it is currently estimated the 2021 RAR will be set 5.88%, an 18% decrease from the RAR set in 2019. It is estimated this decrease in the RAR would result in a roughly $240,000.00 decrease in Town revenues beginning in 2022.1 The impact of the RAR decrease on the Town could be augmented due to the COVID-19 pandemic. While residential property sales have slowed, it appears residential properties are retaining their value at the moment. However, it is possible the residential real estate market will experience a downturn at some point in 2021. If a downturn were to occur, the RAR would decrease along with a decrease in property values, thus compounding the overall impact on Town revenues. TABOR The impact of the 2021 RAR could further be exacerbated by TABOR. In the event of a loss of revenue, most local jurisdictions throughout the country could offset such a loss with a 1 Amy Greer has calculated this number based on the following assumptions: 7/7/2020 Actual Value = $2,114,579,120.00 TOA property tax revenues @ 8.956 mills Assessed Value at 7.15% $151,192,407.08 $1,354,079.20 Assessed Value at 5.88% $124,337,252.26 $1,113,564.43 TOA mill levy 8.956 ($240,514.77) drop in property taxes 17.76% drop in property taxes mill levy increase. However, TABOR requires the Town to seek voter approval prior to any tax increase, including a mill rate increase. If residential property values are falling, it is likely the overall economy is suffering as well, and it is unli kely a future ballot question seeking a mill rate increase would be approved. 2020 Statewide Ballot Question Over the last several years many special districts, including special districts in the Eagle River Valley, whose budgets are disproportionately dependent on property tax revenues have asked voters for permission to “de-Gallagherize.” That is, they have asked for permission for their mill levies to fluctuate so that the effective RAR is 7.15% no matter the level at which the General Assembly sets the RAR pursuant to Gallagher. Taking note of this trend, a significant number of lawmakers, business leaders and community members from both sides of the political aisle have come to the conclusion that Gallagher has outlived its usefulness. As such, the General Assembly voted to refer a ballot question to the voters in November 2020 asking to repeal Gallagher. Were the repeal to occur, the state would then be able to set assessment rates for both residential and commercial properties at any level they deemed fit in the future. Were the statewide ballot proposal to pass, neither the Town nor any other Colorado jurisdiction, would need to worry about the 2021 RAR as set forth above. Though, under this scenario the RAR in any given year would be an open question and hotly debated topic and the General Assembly. Proposed Ballot Question The 2021 RAR presents a significant challenge to the Town under current law. The outcome of the statewide ballot question is murky at best, so relief from Ga llagher is not guaranteed. As such, the Town could follow the lead of other special districts, and ask Avon residents to essentially freeze the RAR at its current level of 7.15%, which would require a ballot question be placed before voters at the November 2020 election. Below is a draft of a proposed ballot question: WITHOUT INCREASING TOTAL PROPERTY TAX REVENUES COLLECTED, SHALL THE TOWN OF AVON BE AUTHORIZED TO INCREASE OR DECREASE ITS CURRENT AND ALL FUTURE MILL RATES ONLY IF, ON OR AFTER NOVEMBER 3, 2020, THERE ARE CHANGES IN THE METHOD OF CALCULATING ASSESSED VALUATION, INCLUDING BUT NOT LIMITED TO A CHANGE IN THE PERCENTAGE OF ACTUAL VALUATION USED TO DETERMINE RESIDENTIAL ASSESSED VALUATION DUE TO ARTICLE X SECTION 3 OF THE COLORADO CONSTITUTION (OTHERWISE KNOWN AS THE GALLAGHER AMENDMENT), SO THAT, TO THE EXTENT POSSIBLE, THE ACTUAL PROPERTY TAX REVENUES GENERATED BY SUCH MILL RATE ARE THE SAME AS THE ACTUAL PROPERTY TAX REVENUES THAT WOULD HAVE BEEN GENERATED HAD SUCH CHANGES IN THE METHOD OF CALCULATING ASSESSED VALUATION NOT OCCURED? Council Action A formal election resolution would need to be approved by the Council in order for the question to be placed on the ballot. In order for the question to be included on the November 3, 2020 ballot, the ballot language needs to be submitted to the County Clerk no later than September 4, 2020. As such, the Council has some time, though not a lot, to consider the issue. Conclusion The 2021 RAR could have a significant impact on Town revenues. The Town could choose to follow the lead of many special districts throughout the state and ask the voters to allow the Town to increase or decrease its mill levy such that the revenues collected reflect an effective RAR of 7.15%. It is possible, however, the proposed ballot question will be unnecessary as a statewide vote may eliminate Gallagher in its entirety this November. While the ballot question would certainly save money, it may not have widespread approval. Homeowners will effectively save 18% on their next property tax bill. While this is not money in their pocket now, it is money they will be foregoing. Thus, although the question is not a property tax, it could easily be perceived as one. Though the Town may benefit, now may not be the time for such a ballot question. TO: Council Members FROM: Sarah Smith Hymes RE: Meeting Moderation DATE: Aug 7, 2020 Dear Colleagues, concerns have been expressed that from time to time I am not running the Council meetings in strict adherence to the estimated schedule and other times that I do not allow sufficient opportunity for Council members to speak. I would like to offer to Council that we include a discussion on the August 11 Council meeting, or at a future meeting at Council’s pleasure, to review Council member expectations on running the meetings and timing. I’ll share my thoughts in this regard: Over the last year I have worked with Council member Amy Phillips and Town Manager Eric Heil to organize agendas so Council has adequate time to address business items, discuss topics and wrap-up the meeting by 9:00 pm whenever possible. To this end, the Town Manager, Mayor, and Mayor Pro Tem estimate times for each agenda item. Estimated times are exactly that - a best guess. A number of factors determines how much time each agenda item requires: the presenter, the quality of the packet materials, the preparation and engagement of the Councilors, the level of public engagement, and the time sensitivity of the issue. Councilors have varying levels of expertise and interest in different issues. Some Councilors have more questions or concerns on some topics while other Councilors have more questions and interest on other topics. I strive to keep the meeting on track while allowing each Councilor the time each Councilor desires to ask questions, express their opinions, and make informed decisions for the community. It is never my intent to cut-off any Council member or not permit every Council member to fully participate and express themselves. I also believe it is appropriate to allow presenters to respond to the questions of Council members. These variables along with public input on matters of strong community interest make the timing of some agenda items unpredictable. My preference is to allow more time when public business and community matters warrant Council discussions rather than to attempt to stifle discussion to adhere to estimated times on the agenda. But I look to your input so that we can determine a common understanding and agreement on expectations. Thank you, Sarah