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TC Packet 09-22-2020_______________________________________________________________________________ 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, September 22, 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. Resolution No. 20-24 Declaring Support for Gallagher Ballot Issue (Town Attorney Paul Wisor) (15 Minutes) 5:15 5.2. Decision on Qualifications of a Planning and Zoning Commission Member (Planning Director Matt Pielsticker) (15 Minutes) 5:30 5.3. Public Hearing, Resolution 20-23: Approving a Preliminary Plan for a Major Subdivision Application for Tract 5D, Riverfront Subdivision (Planner David McWilliams) (15 Minutes) 5:45 5.4. Community Grant Recommendations (Communications Manager Elizabeth Wood) (15 Minutes) 6:00 5.5. Discussion of Winter Restaurant Operations (Town Manager Eric Heil) (30 Minutes) 6:15 5.6. Allocation of Buffalo Ridge Sale Proceeds (Town Manager Eric Heil) (15 Minutes) 6:45 5.7. Notice of Award for Recreation Center Remodel Project (Town Engineer Justin Hildreth, Recreation Center Director John Curutchet) (15 Minutes) 7:00 5.8. Approval of Amendment to Town Manager Contract (Town Attorney Paul Wisor) (5 Minutes) 7:15 6. MINUTES 6.1. Approval of September 8, 2020 Council Meeting Minutes (Town Clerk Brenda Torres) (5 Minutes) 7:20 7. WRITTEN REPORTS 7.1. Upper Eagle Regional Water Authority August 27, 2020 Meeting Summary (Mayor Smith Hymes) 7.2. Financial Reports (Senior Accountant Joel McCracken) 7.3. Eagle County Community Wildlife Roundtable Meeting Recap (Intern Charise Bishop) 7.4. Winter Transit Plan (Mobility Director Eva Wilson) 8. Mayor and Council Comments & Meeting Updates (20 Minutes) 7:25 9. Executive Session 9.1. For the purpose of legal advice and negotiations to discuss a potential special event (Town Attorney Paul Wisor and Town Manager Eric Heil) (30 Minutes) 7:45 10. Adjourn 8:15 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. 970-300-4373 pwisor@garfieldhecht.com TO: Honorable Mayor Smith Hymes and Council members FROM: Paul Wisor, Town Attorney RE: Resolution 20-24 – Support of Gallagher Stabilization DATE: September 16, 2020 SUMMARY: Resolution 20-24 expresses Town Council’s support for Ballot Issue 2E, the Gallagher Amendment stabilization question Town Council placed on the November 3, 2020 ballot. Resolution 20-24 also expresses Council’s support for similar ballot issues placed on the November 3, 2020 ballot by Eagle County and Eagle River Fire Protection District. BACKGROUND: On August 25, 2020, Council referred Ballot Issue 2E to the November 3, 2020 ballot. If approved by the voters, Ballot Issue 2E would authorize, but not require, the Avon Town Council to adjust the Town of Avon’s mill levy rate for the sole purpose of maintaining revenues that may otherwise result from the Gallagher Amendment or other state imposed reductions in the ratio of assessed property tax valuations in order to avoid the continued erosion of funding of Town of Avon services. Both Eagle County and the Eagle Fire Protection have placed similar ballot issues on their respective ballots to guard against reduction in services provided by those governmental entities to the Avon community. As a general matter, the Fair Campaign Practices Act prohibits the Town from expending funds to urge voters to voter for or against any ballot measure. However, pursuant to Section 1-45-117(1)(b)(III)(A) of the Fair Campaign Practices Act, Town Council is permitted to pass a resolution advocating for the passage of Ballot Issue 2E as well as the ballot issues referred by Eagle County and Eagle River Fire Protection District and publishing passage of such resolution “through established, customary means.” FINANCIAL CONSIDERATIONS: Resolution 20-24 does not create any financial obligation for the Town. RECOMMENDATION: Staff recommends adoption of Resolution 20-24. PROPOSED MOTION: “I move to approve Resolution 20-24 thereby expressing Town Council’s support for the passage of Ballot Issue 2E as well as Eagle County Ballot Issue 1A and Eagle Fire Protection District Ballot Issue A.” Thank you, Paul ATTACHMENTS: Resolution 20-24. Res 20-24 Supporting Gallagher Repeal and Gallagher Stabilization Ballot Questions Page 1 of 2 RESOLUTION 20-24 ADVOCATING FOR THE PASSAGE OF STATEWIDE AMENDMENT B REGARDING GALLAGHER REPEAL AND TOWN OF AVON BALLOT ISSUE 2E, EAGLE COUNTY BALLOT ISSUE 1A, AND EAGLE FIRE PROTECTION DISTRICT BALLOT ISSUE A REGARDING GALLAGHER STABALIZATOIN WHEREAS, the Gallagher Amendment was referred to Colorado voters by the Colorado General Assembly in 1982 in response to concerns about rising residential property taxes as a result of the state’s rapid population growth in the 1970’s; and WHEREAS, in 1982, residential property in Colorado constituted approximately 45% of total property value in the state, with other classes of property such as commercial property, agriculture land, vacant land, industrial property and public utilities making up the other 55%; and WHEREAS, the Gallagher Amendment proposed to freeze the ratio of the total value of residential property (45%) to the total value of non-residential property (55%) in perpetuity; and WHEREAS, since 1982, the growth of residential property values has outpaced the growth of the value of non-residential property in the state, to the point residential property currently makes up 80% of the total assessed value of all property statewide; and WHEREAS, given the Gallagher Amendment requires residential property constitute 45% of total statewide valuation, the Colorado General Assembly has been required reduce the property tax “assessment rate” on residential property from 21% in 1982 to 7.15% in 2020; and WHEREAS, it is expected continued residential growth in the State of Colorado will force the Colorado General Assembly to further reduce the residential assessment rate from 7.15% to approximately 5.88% in 2021; and WHEREAS, the Gallagher Amendment’s continued erosion of the residential property tax assessment rate has resulted in an almost 300% increase in the shift of the property tax burden from homeowners to business owners; and WHREEAS, the Gallagher Amendment has eroded the property tax base which funds all local public services; and WHEREAS, the reduction in in the assessment rate from 7.15% to approximately 5.88% is expected in result in a revenue loss to the Town of Avon in the amount of approximately $240,000; and WHEREAS, the Gallagher Amendment Repeal and Property Tax Assessment Rates Measure (the “Gallagher Amendment Repeal Measure”) will appear as Amendment B on the statewide ballot in the November 3, 2020 Colorado election, as set forth in Senate Concurrent Resolution 20-001; and WHEREAS, if the Gallagher Amendment Repeal Measure passes, Senate Bill 20-223 of the Colorado General Assembly will take effect freezing property tax assessment rates at the current rates (7.15% for residential property and 29% for non-residential property); and Res 20-24 Supporting Gallagher Repeal and Gallagher Stabilization Ballot Questions Page 2 of 2 WHEREAS, the Avon Town Council has placed Ballot Issue 2E on the ballot in the November 3, 2020 Town of Avon election, which would authorize, but not require, the Avon Town Council to adjust Avon’s mill levy rate for the sole purpose of maintaining revenues that may otherwise result from the Gallagher Amendment or other state imposed reductions in the ratio of assessed property tax valuations in order to avoid the continued erosion of funding of Town of Avon services; and WHEREAS, Eagle County and Eagle River Fire Protection District have placed questions similar to Avon’s Ballot Issue 2E on their respective ballots for the November 3, 2020 election in order to avoid the continued erosion of funding of local public services in their own communities; and WHEREAS, the Colorado Fair Campaign Practices Act authorizes local governments to adopt resolutions in support of or opposition to ballot issues, and it is the desire of Avon Town Council to express its overwhelming and strongest possible support of the Gallagher Amendment Repeal Measure, Ballot Issue 2E, Eagle County Ballot Issue 1A, and Eagle Fire Protection District Ballot Issue A; and WHEREAS, the Colorado Fair Campaign Practices Act also authorizes local governments to distribute in normal fashion an adopted resolution regarding any ballot issue of importance to that local government. NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: 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. Gallagher Amendment Repeal Measure. The Avon Town Council affirmatively supports the statewide ballot question regarding the Gallagher Amendment Repeal Measure and urges qualified electors to vote YES on Amendment B. Section 3. Ballot Issue 2E. The Avon Town Council affirmatively supports the Town of Avon ballot question regarding Gallagher stabilization and urges qualified electors to vote YES on Ballot Issue 2E. Section 4. Eagle County and Eagle Fire Protection District Gallagher Stabilization. The Avon Town Council affirmatively supports the ballot questions regarding Gallagher stabilization and urges qualified electors to vote YES on Eagle County Ballot Issue 1A and Eagle Fire Protection District Ballot Issue A. ADOPTED this 22nd day of September 2020. AVON TOWN COUNCIL By: __________________________________ Sarah Smith-Hymes, Mayor Attest: ________________________________ Brenda Torres, Town Clerk 970.748.4413 mpielsticker@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Matt Pielsticker, Community Development Director RE: Decision on Qualifications of PZC Member DATE: September 16, 2020 SUMMARY: The Planning and Zoning Commission (“PZC”) eligibility general requires residency in the Town of Avon but allows up to two non-Town residents to sit on the PZC. Currently both seats are occupied. Planning and Zoning Commissioner Rebecca Smith recently provided notice that she will be moving out of Avon. the Avon Development Code states that Council may permit a Commissioner to continue to serve if they cease to possess the required qualifications if they continue to live in Eagle County. BACKGROUND: Avon Development Code (“ADC”) Section 7.12.040 states, Qualifications of Members. Registered electors residing in the County shall be eligible for appointment, but at least five (5) members shall be registered electors of the Town at the time of their appointment to the PZC. The composition of PZC shall strive to achieve a balance in the membership between the lay community and industry professionals (architects, landscape architects, designers, real estate developers and/or contractors) in order to efficiently and effectively perform the design review functions of the PZC. Appointments should be made first to maintain the balance between industry professionals and the lay community (it is recommended that a minimum of two [2] to three [3] industry professionals hold positions on the PZC at all times and that two [2] of these professionals be architects, landscape architects or designers). Registered electors of the Town should be preferred over persons who are not registered electors. Persons having special skills and experience of particular value to the PZC should be preferred over persons who do not. Term. The term of office for a member shall be two (2) years on an overlapping tenure. A member of the PZC who ceases to possess the qualifications for office that the member possessed at the time of appointment may be permitted by the Council to serve until the end of the appointed term, provided that the PZC member continues to reside in the County. A member of the PZC may be removed by Council pursuant to Subsection (h), Removal from Office, below. [Emphasis Added] Staff requests that Commissioner Smith be permitted by Council to serve until the end of her appointed term (May 2021). At that time, there will be two non-resident PZC Commissioners whose term will also end. RECOMMENDATION: Staff recommends that Commissioner Smith be permitted to serve until the end of her appointed term. OPTIONS: Council may take no action, in which case Commissioner Smith will cease to be qualified when she moves from the Town of Avon and Staff would proceed to post the vacancy the on PZC. PROPOSED MOTION: “I move to permit Rebecca Smith to serve until the end of her appointed Planning and Zoning Commission term, May 2021. “ Thank you, Matt 970-748-4023 cmcwilliams@avon.org TO: Honorable Sara Smith Hymes and Council members FROM: David McWilliams, AICP, Town Planner RE: PUBLIC HEARING, Resolution 20-23 - Preliminary Subdivision Plan for Tract 5D, Riverfront Subdivision DATE: September 16, 2020 SUMMARY: This Staff report contains one application for consideration by Town Council: Major Subdivision for six (6) new dwelling unit Lots and four (4) common element Tracts in the Riverfront Subdivision: Lots 8,9 and 16-19 and Tracts 5E-5H. Town Council will take final action on this Preliminary Subdivision plan during the September 22 meeting. After reviewing the application materials, Staff analysis, and considering input with a public hearing, Town Council will act upon a Resolution for the Preliminary Subdivision. As evidenced in the staff analysis below, this application is found to be in compliance with the mandatory review criteria and staff recommends approval. Application Type: Major Subdivision (Preliminary) Current Property Address: 330 Riverfront Lane Proposed Property Addresses: 2-9 Waterfront Way Property Zoning: PUD Property Size: .657 Acres Applicant Name: Jim Telling REVIEW PROCESS: Per Avon Development Code (“ADC”) Sec. 7.16.020, this application requires public hearings with the Planning and Zoning Commission (“PZC”) and Town Council. It was presented at a public hearing to the PZC on September 1, 2020. The hearing resulted in a unanimous (5-0) recommendation that Town Council approve the application (Attachment D: PZC recommendation). Detailed review procedures are in ADC Table 7.16-1 and 7.16.070. Major subdivisions are required to obtain approval for a preliminary plan and for a final plat. The Town Council shall render the final decision on a preliminary plan for a major subdivision application after conducting a public hearing. The Town Council shall review the final plat for major subdivision applications and render a final decision after conducting another public hearing. The preliminary plan and final plat for major subdivisions shall be approved by resolution or ordinance of the Town Council. After the Preliminary Subdivision is approved, the final plat hearing date is tentatively scheduled for the October 6, 2020 Town Council meeting for an additional Resolution. PUBLIC NOTIFICATION: Notice of the public hearing was published in the August 21, 2020 edition of the Vail Daily in accordance with Sec. 7.16.020(d) of the ADC and noticed for multiple meeting dates. Mailed notice was sent by Staff on August 19. Noticing will also be required prior to the Town Council public hearing for the forthcoming Final Subdivision. September 1 -PZC PUBLIC HEARING & RECCOMENDATION September 22 TOWN COUNCIL PUBLIC HEARING & RESOLUTION APPROVING PRELIMINARY SUBDIVISION October 6 TOWN COUNCIL PUBLIC HEARING & RESOLUTION APPROVING THE FINAL PLAT Page 2 of 5 PROPERTY DESCRIPTION: In June 2019, Council approved the Applicant’s request to resubdivide Lot 5 of the Riverfront Subdivison into 13 separate lots, which constituted Phase I of the multiphase development of the Riverfront Townhomes. In addition to the thirteen lots, the June 2019 resubdvision created Tract 5D. Tract 5D is located between Phase I of the Riverfront Townhomes and the Riverfront Lodge, with the Riverfront Townhomes located to the west of Tract 5D and the Riverfront Lodge to the east of Tract 5D. The Applicant is now seeking to begin Phase II of the Riverfront Townhomes by resubdividing Tract 5D into six lots (Lots 8, 9 and 16-19) and four tracts (Tracts 5 E-H). Tracts 5E and 5G established common areas to be controlled by the HOA. Tract 5F creates a common driveway along Waterfront Way as does a portion of Tract 5H. The remaining portion of Tract 5H will contain common elements controlled by the HOA. Attachment C provides clear visual overlays for the final layout of Lots and Tracts in relationship to the constructed duplex structures. REVIEW CRITERIA: The following review criteria apply for review this application under to ADC SEC. 7.16.070(e) Preliminary Plan: (1) The proposed subdivision shall comply with all applicable use, density, development and design standards set forth in this Development Code that have not otherwise been modified or waived pursuant to this Chapter and that would affect or influence the layout of lots, blocks and streets. Applicants shall not create lots or patterns of lots in the subdivision that will make compliance with such development and design standards difficult or infeasible; Staff Response: In 2019, the three duplexes part of this application went through the development review process. It was determined that the development is in conformance with the Riverfront PUD and the applicable use, density and development standards. The proposed subdivision maintains conformance with the Riverfront PUD standards. (2) The subdivision application shall comply with the purposes of this Development Code; Staff Response: The application complies with the purposes found in ADC Sec. 7.04.030, including: (a) Divide the Town into zones, restricting and requiring therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other specified uses; regulate the intensity of the use of lot areas; regulate and determine the area of open spaces surrounding such buildings; establish building lines and locations of buildings designed for specified industrial, commercial, residential and other uses within such areas; establish standards to which buildings or structures shall conform; establish standards for use of areas adjoining such buildings or structures; (g) Prevent the inefficient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space and medical facilities. (3) The subdivision application shall be consistent with the Avon Comprehensive Plan and other community planning documents; Staff Response: The Property is located in District 2: The Riverfront District of the Comprehensive Plan. The area description for this District emphasizes that development must provide access to its key features Page 3 of 5 within the District, including the River and Eagle Valley Trail. The Planning Principles for this District do not address the significant components of this subdivision application. Staff finds no conflicts with the Comprehensive Plan or other long-range planning documents. (4) The land shall be physically suitable for the proposed development or subdivision; Staff Response: Buildings are currently being constructed on the adjacent lots in a scale and design that is compliant with all applicable criteria. The land is physically suited for the subdivision. (5) The proposed subdivision shall be compatible with surrounding land uses; Staff Response: The Property is surrounded by townhome style dwelling units and the Riverfront Lodge is currently under construction. The uses for the proposed subdivision are compatible. (6) There are adequate public facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police, fire protection and emergency medical services; Staff Response: All public utilities have been fully vetted in this PUD. (7) The proposed utility and road extensions are consistent with the utility's service plan and are consistent with the Avon Comprehensive Plan and Comprehensive Transportation Master Plan; Staff Response: Proposed utility extensions were vetted during the design and construction phase of the original subdivision. (8) The utility lines are sized to serve the ultimate population of the service area to avoid future land disruption to upgrade under-sized lines; Staff Response: Utility lines were properly sized for the type of construction. (9) The subdivision is compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area; Staff Response: The subdivision includes for sale duplex units and common element tracts which achieve an orderly and compatible character with the surrounding land uses, which includes for sale duplex units. (10) A proposed subdivision for an existing PUD shall be consistent with the relevant PUD Master Plan as reflected in the approval of that PUD; Staff Response: The Riverfront PUD Master Plan was modified in 2017, and design approval given in 2018 and 2019 for the land use typology that this subdivision achieves. (11) Appropriate utilities, including water, sewer, electric, gas and telephone utilities, shall provide a "conditional capacity to serve" letter for the proposed subdivision; Staff Response: Capacity letters were received during development review for the structures contained within. Final acceptance will be required accordingly. (12) That the general layout of lots, roads, driveways, utilities, drainage facilities and other services within the proposed subdivision shall be designed in a way that minimizes the amount of land disturbance, minimize inefficiencies in the development of services, maximizes the amount of open space in the development, preserves existing trees/vegetation Page 4 of 5 and riparian areas, protects critical wildlife habitat and otherwise accomplishes the purposes of this Development Code; Staff Response: The lot layout was vetted in the design review process. There are no changes to approved setbacks or open space allocations with this application. (13) Evidence that provision has been made for a public sewage disposal system or, if other methods of sewage disposal are proposed, adequate evidence that such system shall comply with state and local laws and regulations; Staff Response: Provision of sewage was vetted during development review phases for these units. (14) Evidence that all areas of the proposed subdivision that may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the applicant and that the proposed use of these areas are compatible with such conditions or that adequate mitigation is proposed; Staff Response: To staff’s knowledge, no development took place in a hazardous part of the site. This area slopes steeply to the Eagle River and was the subject of extensive feasibility testing. Soils and geotechnical reports were reviewed during the building permit process. (15) The subdivision application addresses the responsibility for maintaining all roads, open spaces and other public and common facilities in the subdivision and that the Town can afford any proposed responsibilities to be assumed by the Town; Staff Response: The Town has no responsibilities relating to the maintenance and operations of this subdivision. Common facilities are addressed with this subdivision. (16) If applicable, the declarations and owners' association are established in accordance with the law and are structured to provide adequate assurance that any site design standards required by this Development Code or conditions of approval for the proposed subdivision will be maintained or performed in a manner which is enforceable by the Town; and Staff Response: In addition to a pre-existing master declaration for the Riverfront Subdivision, these Townhomes will be subject to their own set of requirements created by a new set of declarations and owners’ association recorded with this subdivision. There are no obligations assigned to the Town. (17) As applicable, the proposed phasing for development of the subdivision is rational in terms of available infrastructure capacity and financing. Staff Response: The proposed subdivision already hosts buildings which are nearing completion. This subdivision includes builds from Phase I and III of a multi-phase project. AVAILABLE ACTIONS: • Continue the Public Hearing pending additional information • Approve Resolution 20-23 • Deny Resolution 20-23 STAFF RECOMMENDATION: Approval of Resolution 20-23 (Attachment B). MOTION FOR APPROVAL: “I move to approve Resolution 20-23 Approving a Preliminary Plan for a Page 5 of 5 Major Subdivision Application for Tract 5D, Riverfront Subdivision.” ATTACHMENTS A. Final Plat Riverfront Townhomes Phase II B. Resolution 20-23: C. Subdivision Overlay showing properties affected D. PZC Recommendation Thank you, David ATTACHMENT A ATTACHMENT A ATTACHMENT A Res 20-23 Preliminary Subdivision September 22, 2020 Page 1 of 2 RESOLUTION 20-23 APPROVING A PRELIMINARY PLAN FOR A MAJOR SUBDIVISION APPLICATION TRACT 5D, RIVERFRONT SUBDIVISION WHEREAS, CRP/EWP Riverfront Avon Owner I, LLC, owner of property described as Tract 5D, Riverfront Subdivision, submitted a Manor Subdivision/Preliminary Plan application (“the Application”) to subdivide the property into six (6) new lots and four (4) new tracts; and WHEREAS, Avon Municipal Code section 7.16.070(b)(1) categorizes the Application as a Major Subdivision, requiring a preliminary plan review pursuant to Avon Municipal Code section 7.16.070(c); and WHEREAS, the Avon Planning & Zoning Commission (“PZC”) held a public hearing on September 1, 2020 after publishing and posting notice as required by law, considered all comments, testimony, evidence, and reports provided by the Town Staff prior to formulating a recommendation for approval; and WHEREAS, the Avon Town Council held a public hearing on September 22, 2020, after publishing and posting notice as required by law, considered all comments, testimony, evidence, and reports provided by the Town Staff and the PZC prior to deciding on the Application; and WHEREAS, pursuant to Avon Municipal Code section 7.16.070(e) the Town Council has considered the applicable review criteria for a Major Subdivision/Preliminary Plan, and found the Application in compliance with the review criteria; NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Approval of the Preliminary Major Subdivision Application for Lot 5D, Riverfront Subdivision, subject to technical corrections as may be identified by Staff. [SIGNATURE PAGE FOLLOWS] ATTACHMENT B Res 20-23 Preliminary Subdivision September 22, 2020 Page 2 of 2 ADOPTED this 22nd day of September 2020. AVON TOWN COUNCIL By: ______________________________ Attest: _______________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ATTACHMENT B © 2018 Zehren and Associates, Inc. east west partners 09.10.2020Riverfront Phase 2 Final Plat: Site Plan Overlay RIVERFRONT TOWNHOMES PHASE 2 ATTACHMENT C © 2018 Zehren and Associates, Inc. east west partners 09.10.2020Riverfront Phase 2 Final Plat: Site Plan Overlay ATTACHMENT C © 2018 Zehren and Associates, Inc. east west partners 09.10.2020Riverfront Phase 2 Final Plat: Site Plan Overlay ATTACHMENT C PZC Recommendations: #SUB20004 Page 1 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECOMMENDATION TO TOWN COUNCIL DATE OF DECISION: September 1, 2020 TYPE OF APPLICATION: Preliminary Subdivision PROPERTY LOCATION: Tract 5D Riverfront Subdivision 330 Riverfront Lane FILE NUMBER: SUB20004 APPLICANT: CRP/EWP Riverfront Avon Owner I, LLC These recommendations are made in accordance with the Avon Development Code §7.16.060: DECISION: Recommend approval of the Major Subdivision. FINDINGS: 1.The application is complete; 2.The application provides enough information to determine that the application complies with the relevant review criteria; 3.The application was reviewed in accordance with the general procedu res outlined in Code Section 7.16.020; 4.The PZC held a public hearing on September 1, 2020, after providing necessary public notification in accordance with the Code; 5.The review criteria in Code Section 7.16.070(e) was reviewed and substantial compliance with the criteria was found; 6.The application complies with the stated purposes of the Development Code. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY:______________________________________ DATE: ___________________ PZC Chairperson UNEXECUTED DRAFT ATTACHMENT D (970) 748-4087 ewood@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Elizabeth Wood, Communications & Marketing Manager Community Grants Review Committee Danita Dempsey, CASE Manager Pam Warren, Avon resident Jack Gardner, Avon resident Timothy Haley, Alpine Bank Lisa Mattis, Can Do MS RE: Update on the 2021 Community Grant Awards, as Recommended by the Ad Hoc Review Committee DATE: September 16, 2020 SUMMARY: This report provides an overview of the Community Grant Awards review process and funding recommendations for the 2021 Town of Avon Budget. Council direction is requested on whether to incorporate the funding recommendations into the 2021 Budget. Staff would like to thank the citizen members of the Community Grants Review Committee for their time and expertise. PROCESS: On July 31, 2020, the application materials for the 2021 Town of Avon Community Grant Program, found in Attachment 2, were advertised for a thirty-two (32) day period. The advertisement was posted on the Town’s website and a press release was submitted on July 30, 2020, announcing the availability of the application materials. Several posts were issued through the Town’s social media channels and past recipients were also notified via email of the application process. Over the course of soliciting funding requests, the Town received nineteen (19) funding applications. Council provided direction at the August 11, 2020 Council meeting to set $92,000 as the maximum amount of money for the 2021 Community Grant Program funding. The Community Grants Review Committee (“Committee”) met on September 15, 2020 to review the submitted applications. The review focused on the Proposed Review Criteria included in the application materials. Committee members considered proposals that provided the most public benefit to Avon residents and visitors, as well as programs that supported the Town of Avon 2020 Strategic Plan. Past funding levels, available funds, potential for on-going requests, filling a funding or service gap and general priorities for all applications were also considered in the funding level recommendation. The Committee acknowledged that the change in format to the Town of Avon 2020 Strategic Plan made it difficult to use the document as criteria for grant funding. The current Strategic Plan has direction around specific projects that were not relevant to grant funding. 2021 COMMUNITY GRANT PROGRAM REQUESTS AND RECOMMENDATIONS: Please find attached Attachment 2 – 2021 Community Grant Program Requests and Recommendations Funding Summary. Attachment 2 includes recommendations for funding (both cash contributions and in- kind requests), conditions of funding, if any, and supporting information. The Ad Hoc Review Committee reviewed nineteen (19) applications for funding in 2021, totaling $150,490 in cash requests and $2,130 for in-kind contributions. The Committee recommends funding in the total amount of $91,400 in cash and $2,130 for in-kind contributions. Page 2 of 2 The Committee recommendation provides funding for 18 of 19 applications. The remaining application was from Starting Hearts. The Committee agreed that the organization provided important work within the Town but felt that the addition and maintenance of AEDs in Town should be a line item in the Facilities and Buildings budget and not a grant. We will discuss adding this to the budget as a Leadership Team. The Committee set aside a recommended amount of $1,000 to serve as a contingency for unforeseen contributions. The contingency amount, combined with the recommended cash funding amount, equals $92,400. The recommended contingency amount is approximately 1% of the approved maximum amount. Community Grant Program cash funding in 2020 equaled $99,000. COUNCIL DIRECTION: Council is asked to approve the recommended cash funding of $92,400 and $2,130 for in-kind contributions for the 2021 Community Grant Program. The recommended amounts will be forwarded to the 2021 Proposed Budget scheduled for Public Hearing and adoption on December 8, 2020. PROPOSED MOTION: “I move to direct Staff to include the funding recommendations of the Community Grant Committee in the 2021 Town of Avon budget.” Thank you, Liz ATTACHMENTS: Attachment 1 – 2021 Town of Avon Community Grant Program – Application Materials Attachment 2 – 2021 Community Grant Program Requests and Recommendations Funding Summary PO Box 975 100 Mikaela Way Avon, CO 81620 July 27, 2020 RE: 2021 Town of Avon Community Grant Program Dear Potential Applicant: The Town of Avon welcomes applications from organizations and agencies seeking funding for programs, projects, services or activities that support the Town’s stated priorities in the Town of Avon 2020 Strategic Plan. In addition to providing the Strategic Plan, this packet includes important information to help your organization apply for Town funding, including application submission requirements, review criteria and the application schedule. While the Town of Avon will look at every opportunity for advancing partnerships with organizations in Avon to advance the Strategic Plan, monies to outside agencies are prioritized with all operational, service, and facility needs of the Town through the annual budget. In Fiscal Year 2020, the Avon Town Council approved $92,000 in funding for community grants. This funding level is again targeted in 2021, but it is not guaranteed and is at the complete discretion of the Town Council. The 2021 funding decisions will be based solely upon an organization’s written application. No interviews with applicants will be held. An Ad Hoc Review Committee, comprised of citizens representing businesses and nonprofits, plus several Town staff persons will review all applications and make the funding recommendations. The Ad Hoc Review Committee’s funding recommendations will be incorporated into the annual proposed budget, which Council will take action on during a public hearing tentatively scheduled for December 8, 2020. The following materials include all the information needed to prepare a funding application: •2021 TOWN OF AVON COMMUNITY GRANT PROGRAM: SUPPORTING THE TOWN OF AVON 2020 STRATEGIC PLAN •APPLICATION REQUIREMENTS & SUBMITTAL GUIDELINES •TOWN OF AVON 2020 STRATEGIC PLAN THE APPLICATION DEADLINE IS AUGUST 31, 2020, 5:00 PM If you have any questions, please feel welcome to call 970-748-4087 or email ewood@avon.org. Sincerely, Elizabeth Wood Communications & Marketing Manager Attachment 1 2021 Town of Avon Community Grant Program Page 2 of 6 2021 TOWN OF AVON COMMUNITY GRANT PROGRAM: SUPPORTING THE TOWN OF AVON 2020 STRATEGIC PLAN Program Overview The Town of Avon 2020 Strategic Plan guides the decision-making and provides the structure for ensuring investments and programs reflect the Town Council’s priorities in achieving the vision and adopted plans of the Town of Avon. The Town recognizes that outside agencies and organizations should be considered as important partners in advancing the stated priorities in the plan, and that to fully build a successful partnership, Town funding may be required either through a direct cash contribution or with in-kind services. It is through the belief that partnerships are important to meeting the Town’s strategies, community grants are considered each year. Eligible Applicants Non-profit applicants may apply as a 501(c)(3) or under the umbrella of a 501(c)(3) with a letter of agreement between the applicant and the umbrella 501(c)(3). Proposal Review Criteria 1.Town of Avon 2020 Strategic Plan 1.1 Does the proposal’s program/service/activity directly support one or more of the Town of Avon 2020 Strategic Plan’s priorities and/or on-going objectives? 1.2 How successful will the program/ service/activity be in meeting the priority (priorities)? 1.3 Does the proposal’s program/service address a potential unmet need in meeting the priorities of the Strategic Plan? 1.4 How many Town of Avon residents will directly benefit from the proposal’s program/service/activity? 1.5 Does proposal’s program/service/activity have the potential to benefit Avon’s business community? 1.6 Are the proposed measurements to evaluate the success of the program well defined? 2.Funding Level 2.1 Is the requested support either in cash or in-kind commensurate with expected benefits from the proposal’s program/service/activity? 2.2 Is the proposal’s program/service/activity funding a one-time support request or creating a longer-term need for Town funding? 2.3 If the applicant has received Town funding for more than one year, is the proposal’s funding request to the Town increasing, being reduced, or falling as a percent of all program/service/activity revenues? 2.4 How successful is the applicant in bringing in other funding partners? Attachment 1 2021 Town of Avon Community Grant Program Page 3 of 6 APPLICATION REQUIREMENTS & SUBMITTAL GUIDELINES THE APPLICATION DEADLINE IS 5:00 P.M. ON MONDAY, AUGUST 31, 2020 Application Requirements: (Please do not exceed three pages) 1.Program Title___________________________________________________________ 2.Agency ________________________________________________________________ 2.1 Contact Person__________________________ 2.2 Title___________________________________ 2.3 Phone_________________________________ 2.4 E-mail_________________________________ 2.5 Address________________________________________________________ 3.Dollar amount granted by the Town of Avon for 2019 (if applicable): $_________________ 4.Dollar amount granted by the Town of Avon for 2020 (if applicable): $_________________ 5.Dollar amount requested for 2021 (if applicable):$_________________ 6.Description of in-kind services granted over the past two years, and requested for 2021, if applicable: _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 7.Please provide the following information to help us assess your agency’s current non-profit status: 7.1 Current Federal Employer Identification Number_________________________ 7.2 Has received a non-profit status from the IRS? Yes _____ No _____ 8.What is the mission of your organization? _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ Attachment 1 2021 Town of Avon Community Grant Program Page 4 of 6 9. Please provide a detailed description of the program, event or service for which Town of Avon support is being requested. _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 10. How does the proposed use of Town support further one or more of the Town of Avon 2020 Strategic Plan priorities and/or on-going efforts? _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 11. For the program or service requesting funding, how many Town of Avon residents will be directly benefited? How many Town of Avon residents received a direct benefit in 2019 and 2020, if applicable? _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 12. Please attach your anticipated detailed line item budget for the requested 2021 support, including in the revenues all other funding partners. Funds are not available for capital improvements, equipment or supplies. Include when funds are needed for payment. 13. If a non-profit, attach a budget for your agency for this same time period. Attachment 1 2021 Town of Avon Community Grant Program Page 5 of 6 14. How will you measure the success of the program or service for which funding is requested? Please include clear objectives, outcomes, metrics and expectations. _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 15. How did you determine the need for the requested program or service? _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 16. Please attach the most recent fiscal year-end financial statements reflecting your agency’s beginning and ending balances for the year. 17. Please list all anticipated funding sources for the current (2020) and coming year (2021). Be sure to highlight any opportunities to leverage Town funds with external funds. _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 18. If your organization received funding from the Town of Avon in 2020, it is mandatory that you provide a progress or final report on the funded activity or program. The report must include revenues and expenditures, including other outside revenue support. Please address all conditions stated in the Town of Avon Letter of Agreement you received, which announced your funding award. This submittal is not included in the three (3) page application limitation. I affirm that all of the information included in this application, its attachments, and its supplemental documents is true and correct to the best of my knowledge. Attachment 1 2021 Town of Avon Community Grant Program Page 6 of 6 _______________________________________________ _________________________ Authorized Signature Date Printed Name: _____________________________________ Application Submittal Guidelines: 1. Send the completed application, via email as a PDF document, to Elizabeth Wood at ewood@avon.org. 2. Number each item in the application to correspond to the Application Requirements stated above. 3. Do not exceed three (3) pages excluding attachments. 4. Only one application may be submitted per organization. 5. Incomplete or late applications will not be considered. Please note that no additional materials will be accepted. Do not send newspaper clippings, letters of support or promotional materials. Review Process & Schedule: July 31, 2020 2021 Town of Avon Community Grant Program Application Materials Available August 31, 2020 Deadline for Applications Week of September 14, 2020 (tentative) Funding Recommendations by Ad Hoc Review Committee October 30, 2020 (tentative) Council Budget Retreat to Review and Provide Direction on 2021 Community Grant Program Funding, as Recommended by the Ad Hoc Review Committee December 8, 2020 (tentative) Public Hearing and Adoption of 2021 General Fund Budget December 2020 Notification of Awards Disclosures to all applicants: • Funds will not be available until after January 1, 2021, and may be dispersed in installments, if awarded. • Notification of awards will be sent after the Town Council approves the final budget, currently scheduled for December 8, 2020. Attachment 1 2020 Strategic Plan Page 1 of 8 Attachment 1 2020 Strategic Plan Page 2 of 8 INTRODUCTION The annual Strategic Plan is a component of the annual Budget. The Strategic Plan identifies new projects, programs and policies for the calendar year which are a priority for the Avon community. The Budget allocates the finances required to implement the Strategic Plan projects, programs and policies. The construction of capital improvement projects, implementation of new programs or the formulation of new policies are appropriate for the Strategic Plan. Projects, programs and policies are collectively referred to as “tasks” in the Strategic Plan. The Strategic Plan provides clear direction to Council and Staff for tasks that go beyond routine annual operations. The 2017 Avon Comprehensive Plan guides the Strategic Plan. The Comprehensive Plan includes many other adopted planning documents for the Town (collective referred to as the “Comprehensive Plan Documents”). The tasks in the Strategic Plan either implement capital improvements identified in the Comprehensive Plan Documents, advance the goals of the Comprehensive Plan Documents with new programs or policies, or improve the efficiency, accountability, and transparency of the Avon Town Government. The Avon Town Council adopts the Strategic Plan as part of the annual budget. The Town Manager shall (1) maintain and update a Strategic Plan schedule which shall identify the approximate timeframes for actions to implement the Strategic Plan, (2) shall determine the assignment and delegation of Strategic Plan tasks amongst Department Directors and Staff, and (3) shall submit a quarterly progress update promptly after the end of each quarter. Complex projects often require multi-year efforts and may include tasks from the prior year which carry-over, as well as tasks initiated this year that cannot be completed within a calendar year. Implementation of the Strategic Plan schedule can be impacted by unanticipated priorities, such as new or emerging policy issues, development applications which require intensive review and public involvement, and new opportunities with potential to benefit the Avon community. Council may amend or re-prioritize the Strategic Plan at any time. Attachment 1 2020 Strategic Plan Page 3 of 8 COMMUNITY ENGAGEMENT Community engagement is an essential function of local government decision making. Avon Town Council has determined to improve and enhance community engagement practices to increase community participation. The following specific projects and policies are proposed for implementation in 2020 to expand and enhance Avon’s community engagement. 1. Improve Community Survey: The community survey is a valuable tool that can allow direct participation by the greatest number of community members to identify consensus on services and policies. Improvements to the Community Survey include (a) implementing an accessible, attractive and accountable on-line survey format, (b) significantly expanding participation from 355 to over 2,000, (c) offering a bilingual format, (d) sending to residents, property owners, and business owners, and (e) increasing frequency to even numbered years. The Community Survey should include approximately one-half re-occurring questions on Town services to track trends in community satisfaction and one-half questions on proposed or potential community programs, policies and investments. 2. Website Enhancements: Enhancements to the Avon.org website are planned including (a) greater information on Town initiatives in an accessible and attractive format, (b) information on the status of various capital improvement projects, and (c) expanded opportunity for on-line sign-ups and reservations. 3. Spanish Proficiency Initiative: Avon’s community is approximately one-half Hispanic and Spanish speaking. The Spanish Proficiency Initiative is intended to provide a modest financial incentive and recognition for Town employees who have conversational capability and full Spanish language fluency. This program is intended to increase the Town government’s ability to effectively communicate with Avon’s Spanish speaking members of the community. 4. New Property Owner Information Letter: An informational letter for new property owners is intended to welcome new residents and property purchasers to the Avon community, provide basic information on the Town government, how to sign-up for the Town’s monthly newsletter, business licensing, short-term rental licensing and other basic information that may be useful for a new property owner. 5. Finance Committee: The Finance Committee is intended to involve community members in analyzing and understanding the Town’s budget and finances in relation to the Town’s economy and provide recommendations to the Avon Town Council as set forth in Resolution No. 19-15. Analysis of sales tax and accommodations tax fluctuations between heavy and light snow years is recommended. 6. Health and Recreation Committee: The Health and Recreation Committee is intended to involve community members to review, research and study (a) “health community” issues, (b) comparison to peer community recreation facilities and programs, and (c) design, programming and estimated costs for remodeling and potential expansion of the Avon Recreation Center. Attachment 1 2020 Strategic Plan Page 4 of 8 COMMUNITY HOUSING Avon Town Council adopted the first Town of Avon Community Housing Plan in December 2018. Goals and objectives of the Community Housing Plan include increase deed restricted homeownership opportunities and maintain or increase the current 55% year-round resident use of existing housing stock. The following goals are intended to continue implementation of the 2018 Avon Community Housing Plan. 1. Wildwood Property: Continue site assessment, including physical assessment of soils and topography and review of title issues related to Wildridge covenants. Pursue entitlement process including preparation and submittal of a Planned Unit Development Amendment application through the public process to change permitted use from open space to Community Housing. Solicit and explore partnerships to construct housing when appropriate based on results of site assessment process. 2. Wildridge Fire House: Conduct design work and develop cost estimates to renovate ground floor into another employee housing unit. 3. Prepare and Implement a Deed Restriction Purchase Program: Vail has adopted a successful deed restriction program named “Vail In-Deed”. An Avon deed restriction investment program will be proposed along with preliminary market analysis, review of various forms of deed restrictions, and anticipated funding requirements. 4. Dedicated Housing Fund Revenues: Research and present for consideration potential revenue sources that could be dedicated to the Housing Fund. 5. Swift Gulch Property: Conduct design and site feasibility analysis for employee housing project. Explore partnership opportunities with Habitat for Humanity and other potential partners. 6. East Avon Parcel: Conduct site design and feasibility analysis for future Community Housing project on a portion of the Town owned “East Avon parcel” which the Town acquired from the U.S. Forest Service. 7. Housing Partnerships: Explore opportunities to work with property owners and potential regional partners to facilitate housing projects, with an emphasis on for-sale housing product and with an emphasis on Tract Y, Metcalf Road and the Village (at Avon). 8. Monitor Primary Resident RETT Exemption: Prepare quarterly reports for Council information regarding the use of the increased Real Estate Transfer Tax exemption for primary residents. NOTTINGHAM PARK Improvements to Nottingham Park implement a variety of identified projects in the Nottingham Park Plan and Town Owned Properties Plan. Improvements are coordinated for efficiency, design cohesion and multi- purpose functionality. The timing and cost of improvements are described in the Capital Improvements Plan. 1. Old Town Hall Site/Public Restrooms: Commence demolition of the old Town Hall in early spring of 2020. Design of public restrooms at the old Town Hall site in 2020. The size of the public restrooms is anticipated to serve events at the Avon Pavilion and Main Field of approximately 2,000 persons. Commence construction in 2021. Design should incorporate potential additions in the future for facilities or infrastructure to support events at the Avon Pavilion/Main Field area. Related improvements include Attachment 1 2020 Strategic Plan Page 5 of 8 renovating the seating wall to match the Avon Pavilion stage and improvements to the patio and picnic seating area. Design consideration will include installing lighting. 2. Design and Expand Parking for North Access: Design expanded parking along the north side of West Beaver Boulevard along with pedestrian crossing improvements in 2020. Commence construction in fall 2020 or early spring 2021. 3. Beach Area Public Restrooms: Conduct preliminary design for public restrooms to be located adjacent to the existing north parking area (Lot 16, Benchmark Subdivision) to determine cost estimate for future public restrooms. Install screening and additional porta-lets near the beach area. 4. Landscape Enhancements to West Nottingham Park: Design and install landscape enhancements to the West Nottingham Park area. 5. Field improvements to West Nottingham Park: Prepare concept plans to remove softball field and chain link back stop, install grass, and establish an adult soccer field and smaller children’s soccer field to support multiple soccer play. Solicit community input before finalizing designs. Proceed with implementation in spring 2020 if community support exists for project. COMMUNITY PLANNING AND DESIGN Community Planning and Design is an essential process of community involvement that strives to achieve strong consensus, practical and complimentary coordination between public and private improvements, consistency with previous plans and cost-effective implementation of community improvements. The following projects address specific projects where additional planning and design is required before the Town considers additional investment. 1. Pedestrian Mall Design: Conduct design process for the extension of the Main Street Pedestrian Mall from Lettuce Shed Lane to the west to Nottingham Park, including details for phased construction, crossing of Mikaela Way, and a temporary route and improvements across the existing Avon Recreation Center parking area. This design project is integral to Town’s long-standing plans to connect Avon’s accommodation core area to Nottingham Park. 2. Convention Center Preliminary Analysis: Council provided direction in fall 2019 to commission a study on the feasibility of a convention center in Avon. Potential areas for a convention center include (a) the former Town Hall property and former Avon Station Fire District property and (b) the northside of Planning Area A in the Village (at Avon). Retain a qualified consultant to conduct preliminary analysis of the market feasibility and potential economic benefits of a convention center. Such analysis should include, but not be limited to: determination of existing conventions centers in peer communities in Colorado, consideration of optimum convention center size for Avon, identification of required site size and required lodging base to support convention center,and estimates of required public financial participation. 3. Joint Planning for Planning Area A, Village (at Avon): Planning Area A, Village (at Avon) comprises 43 acres which is designated for high-density, mixed-use, commercial core development similar to the Town Center zone district. This Planning Area is anticipated for development of large accommodation buildings and mixed-use high-density residential with ground level retail. A preliminary planning analysis Attachment 1 2020 Strategic Plan Page 6 of 8 to consider road layout, pedestrian access, multi-modal transportation support is desired to generate a planning concept for development of this area that will facilitate high quality investment and development. This joint planning process anticipates partnership funding from the Town of Avon, Traer Creek-RP and/or Traer Creek Metropolitan District and the Department of Local Affairs. A preliminary planning analysis is intended to provide guidance for additional planning work on Planning Area A. 4. 351 Benchmark Planning: 351 Benchmark (old Avon Fire Station) presents a very unique opportunity for redevelopment and/or re-use. Formulate a community-based planning process for potential redevelopment and/or re-use of the old Avon Fire Station property. Incorporate questions into the 2020 Community Survey. Research examples and estimated costs of potential alternatives for redevelopment. 5. USFS Road 779: Coordinate with U.S. Forest Service to develop plans for maintenance and potential re-alignment of U.S.F.S. Road 779 with the goal to preserve public access. Conduct appropriate public process on conceptual designs. Consider developing parking, gates and signage on Wildridge Road rather than at the Avon/USFS boundary. 6. Dog Park: Research, and implement if possible, a dog park in Avon for the Avon community. CLIMATE ACTION The Avon Town Council adopted the Climate Action Plan for the Eagle County Community in December 2016 and joined the Climate Action Collaborative in Eagle County. The following projects set forth specific implementation actions which are intended to help Avon reach the stated Climate Action Plan goal of reducing greenhouse gas emissions by 25% by 2025 as compared to greenhouse gas emissions in 2014. 1. Waste Reduction and Recycling: Fully implement best practices for waste reduction and recycling for all Avon Town Facilities and for all Avon sponsored events. Install uniform trash and recycling containers throughout Town. Contact lodging and multi-family developments to determine existing practices and promote waste reduction and recycling where possible. 2. PuRE Program: Actively promote Holy Cross Energy customers in Avon to sign-up for 100% renewable electricity under the PuRE program. Measure progress in sign-ups. Establish five-year community wide goals in 2020. 3. Baseline Inventory: Perform a baseline inventory of the Avon Town government’s 2014 greenhouse gas emissions and the entire Avon community. Post baseline inventory information along with Climate Action projects and progress towards Climate Action goals on the Town’s website. 4. Fleet Inventory: Evaluate Avon’s vehicle fleet inventory and determine 2014 baseline for greenhouse gas emissions. Prepare plan to update and convert Avon vehicle fleet to achieve 25% greenhouse gas reduction by 2025. 5. Expanded Polystyrene Reduction: Implement expanded polystyrene regulations and restrictions. Determine existing usage and amount of reduction resulting from regulations. 6. Eagle County Climate Action Collaborative: Participate in the Eagle County Climate Action Collaborative, develop and implement specific programs and events for Avon. Pursue regional opportunities to enhance bus transportation and ridership. Attachment 1 2020 Strategic Plan Page 7 of 8 7. Net Zero Communities: Research Net Zero communities and practices, present findings and recommendations for implementation in Avon. MULTI-MODAL IMPROVEMENTS The Avon Town Council adopted a Multimodal Transportation and Parking Plan, dated July 6, 2017. The following projects implement goals of the Multimodal Transportation and Parking Plan. 1. I-70 Underpass Enhancements: Conduct designs to enhance for the west side of the I-70/Avon Road underpass and proceed with construction. 2. Zagster Bike Share: Explore expansion of Zagster bike share program, including stations, sponsorships and partnerships with outside organizations. 3. Parking Management Plan: Research parking management demands and potential programs for the Avon commercial core and Tract G area including, but not limited to, implementation of parking kiosks and integration of smart phone parking apps. 4. Railway Use: Explore opportunities for a cross-country ski track and allowing railbikes from Edwards to Minturn. Research and present costs for acquiring and operating snowmobile, trail groomer, and staffing to set and maintain cross-country ski trail. ENVIRONMENTAL The following projects implement areas of environmental concern not addressed elsewhere in the Strategic Plan or in the general operations of the Town. 1. Water Quality Improvement: Coordinate with the Eagle River Watershed Council to develop and implement plan to reduce constituent loading to Eagle River in Avon with the goal of improving water quality. Implement Avon’s CIP Plan to install stormwater interceptors on Avon Road. 2. Noxious Weed Regulation Enforcement: Educate and notify property owners concerning noxious weed regulations. Actively monitor and administer enforcement in 2020. 3. Ground Squirrel: Reduce or eliminate Richardson Ground Squirrel population. Research third party services to assist. GOVERNMENTAL The following projects implement general areas of improvement to the Town of Avon’s local government operations to increase efficiency, implement community projects, or provide additional services to the community. 1. Water Tap Fees: Evaluate the tiers of the Avon water tap fee to ensure that the fee accounts fairly for residential home sizes. Amend water tap fee schedule as determined appropriate by Council. Attachment 1 2020 Strategic Plan Page 8 of 8 2. Procurement Code: Research procurement codes with peer communities, re-evaluate the current Town Manager authorization to sign contracts up to $100,000, present an updated procurement code for adoption by Council. 3. Install Photo Monuments: Design and install photo monuments around Avon’s commercial core to memorialize Avon’s history. Submit design, estimated costs and proposed locations to Town Council for public review prior to construction. 4. GIS Improvements: Many communities have extensive GIS data which is consolidated, publicly accessible, and regularly updated. Research existing GIS data across Departments, utilization of GIS data by peer communities, and costs to implement and maintain an updated GIS data base for Avon. 5. Business Map: Research options and cost to develop an Avon business map that can be available in a convenient smart phone app form and can be printed in hard copy. 6. Sister City: Research sister city programs, identify costs, program activities, and benefits. Present findings to Council for direction and determination of further interest. 7. Community Broadband: Conduct Request for Proposal for consulting services to consider joining project THOR and consider other means of broadband expansion. Conduct survey of major business entities in Avon to determine interest in potential broadband improvements. Survey existing assets. Conduct community survey to determine preferences. Attachment 1 ORGANIZATION 2021 CASH REQUEST 2021 IN-KIND REQUEST 2020 CASH AWARD 2019 CASH AWARD 2018 CASH AWARD 2017 CASH AWARD EXPLANATION OF FUNDING REQUEST COMMITTEE CASH RECOMMENDATION COMMITTEE IN-KIND RECOMMENDATION COMMITTEE COMMENTS/CONDITIONS OF FUNDING BUDDY WERNER LEAGUE $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 Funding would go toward the “Coaches certification/Education” line item. $1,000.00 N/A The Committee recommends awarding $1,000 for the stated line item. CATHOLIC CHARITIES $3,000.00 $3,000.00 $3,000.00 $3,000.00 The requested funding would support their Community Integration Services program. $3,000.00 N/A The Committee recommends awarding the requested amount for the stated program. CYCLE EFFECT $2,200.00 Girls Mountain Bike Program - One Avon participant for a years worth of programming. $2,200.00 N/A The Committee recommends awarding the requested amount for the stated program. EAGLE VALLEY HUMANE SOCIETY $20,000.00 This is a general request to support all programming offered by EVHS. Although not an Avon-specific application, they mention management of a feral cat population in Avon as a challenge. $2,500.00 N/A The Committee recommends awarding $2,500 toward the management of a feral cat population in Avon; Follow up report required seasonally. EAGLE VALLEY LAND TRUST $5,500.00 $5,000.00 $1,500.00 EVLT is requesting the Town of Avon join the other communities supporting EVLT at the $5,000 level. EVLT needs funding from the town to support their providing more robust Outreach and Stewardship programs which directly and indirectly address 2020 Town Strategic Plan key outcomes. $5,000.00 N/A The Committee recommends awarding $5,000 to support EVLT's Stewardship and Outreach programs. The committee asks that in leiu of programming in WAP, EVLT partner with ARC Summer Camps to provide programming during the summer. EDUCATION FOUNDATION OF EAGLE COUNTY $12,500.00 $12,500.00 $4,500.00 $4,500.00 $2,500.00 EFEC is requesting $7,500 for their Arts + Music Classroom Grants, $2,500 for sponsorship of their Wild West Day event, and $2,500 for their Distinguished Teacher Awards continuing education financial assistance program. $10,000.00 N/A The Committee recommends awarding $10,000 to specifically fund Art + Music grants and Distinguished Teacher Awards. The committee did not feel funding Wild West Days as a sponsor was an approriate allocation of grant funding. FRIENDS OF MOUNTAIN RESCUE $6,590.00 $5,200.00 $4,000.00 $1,000.00 The request is for $6,590 of support for of a Winter Ambulance Sled along with equipment that goes with it.$3,000.00 N/A The Committee loved the specificity of this application and values the service provided by this organization. They recommend awarding $3,000 toward the purchase of a winter amublance sled. MOUNTAIN YOUTH $5,000.00 Four (4) 5-punch ARC Cards for fundraiser (estimated value of $216) $5,000.00 $3,500.00 $2,500.00 Support youth assessment and positive campaign activities, family education efforts, in-school prevention programs, youth leadership and advocacy efforts, prosocial youth activities, and safe driving and community change strategies. Mountain Youth offers services to youth, parents, and community members that are interactive, educational a basis for skill building, and rooted in positive youth development and nonprofit best practices. Eat Chat Parent education series. $5,000.00 Four (4) 5-Punch cards valued at $216 The Committee recommends awarding $5,000 to support the stated items and to award the requested in-kind support. MOUNTAIN VALLEY DEVELOPMENTAL SERVICES $10,000.00 300 Day Passes for ARC (estimated value of $1,860) $7,500.00 $2,500.00 The requested support would be used to provide services to adults and children in the Town of Avon. These services include a robust menu of Day Services that emphasize community integration such as regular visits to the recreation center, library, and shopping at local establishments by the residents of Avon served by MVDS as well as transport for these residents to their day program site in Minturn and transport for themselves and their peers from other neighboring communities to partake in the activities mentioned above. MVDS is also requesting in-kind support in the form of 300 day passes for the Avon Recreation Center for use by adult individuals in the MVDS program, valued at $1,860. $8,500.00 300 Day Passes for ARC (estimated value of $1,860) The committee recommends awarding $8,500 to support the stated programs. The committee also recommends awarding the twelve (12) 25-punch cards to the Avon Rec Center. RED RIBBON PROJECT $1,200.00 One (1) 5-punch ARC Card (valued at $54)$1,200.00 $1,000.00 $1,000.00 $1,000.00 The requested support is for their Youth Skills Building program. Red Ribbon Project is also requesting in-kind support in the form of one 5-punch Avon Rec Center punch card, valued at $54. $1,200.00 One (1) 5-punch ARC Card (valued at $54) The Committee recommends awarding $1,200 to support the Youth Skills Program in addition to the requested in- kind support. ROUNDUP RIVER RANCH $5,000.00 Seeking funding to deliver camp programming to Avon children with serious illnesses and their families in 2021; virtual offerings and in person experiences depending on COVID. $2,500.00 N/A The Committee recommends awarding $2,500 toward camp programming for an Avon family. SMALL CHAMPIONS $10,000.00 $9,250.00 $9,000.00 Provides recreational opportunities for youth with physical and cognative disabilities. They introduce a wide variety of sports and recreation through one-on- one instruction and equipment. $6,000.00 N/A The Committee recommends awarding $6,000 to support the listed programming. SOS OUTREACH $7,500.00 $7,500.00 $4,000.00 $2,000.00 SOS Outreach is requesting $7,500 in support for their progressive outdoor, mentor-based programs for underserved Eagle County youth during the 2020-21 program year. $4,000.00 N/A The Committee recommends awarding $4,000 to support SOS programming. SPEAKUP REACHOUT $5,000.00 Contributions from Chief Daly; meeting space and attendance $5,000.00 $5,000.00 $5,000.00 $5,000.00 The request is for $5,000 to support their suicide prevention and stigma reduction initiative in English and Spanish. $5,000.00 Contributions from Chief Daly; meeting space and attendance The Committee recommends awarding the requested amount for the stated program in addiion to the requested in-kind services. STARTING HEARTS $8,000.00 $0.00 $5,000.00 $5,000.00 $5,000.00 The request supports comprenehsive programs, education and training including in K-12 schools. In addition, they want funding for two additional defibrilator placements for public access with new signage. $0.00 The Committee questioned whether purchasing AEDs should be a community grant or an infrastructure project. There was a request to shift this cost to the TOA budget. We have a 5 year agreement with SH that goes through 2023 and includes maintenance of all 13 Town devices. This budget item will go to the Town of Avon Leadership Team. VAIL VALLEY ART GUILD $5,000.00 $6,000.00 $4,000.00 $4,400.00 $5,260.00 VVAG is requesting support for their year-round program, "Art the Valley", which is the umbrella name for the programs and event to promote awareness and growth of the visual arts in the community. $2,500.00 The Committee recommends awarding $2,500 to support a public art installation in the Town of Avon. The Committee prefers this temporary installation to be interactive or participatory art. ATTACHMENT 2 - 2020 COMMUNITY GRANT PROGRAM REQUESTS AND RECOMMENDATIONS FUNDING SUMMARY TOTAL AWARDED IN 2020 = $102,032 ($97,000 CASH AWARDS, $3,032 IN KIND and $2,000 CONTINGENCY) 2021 NOT-TO-EXCEED AMOUNT = $92,000 ORGANIZATION 2021 CASH REQUEST 2021 IN-KIND REQUEST 2020 CASH AWARD 2019 CASH AWARD 2018 CASH AWARD 2017 CASH AWARD EXPLANATION OF FUNDING REQUEST COMMITTEE CASH RECOMMENDATION COMMITTEE IN-KIND RECOMMENDATION COMMITTEE COMMENTS/CONDITIONS OF FUNDING ATTACHMENT 2 - 2020 COMMUNITY GRANT PROGRAM REQUESTS AND RECOMMENDATIONS FUNDING SUMMARY TOTAL AWARDED IN 2020 = $102,032 ($97,000 CASH AWARDS, $3,032 IN KIND and $2,000 CONTINGENCY) 2021 NOT-TO-EXCEED AMOUNT = $92,000 VAIL VALLEY CHARITABLE FOUNDATION $15,000.00 $2,000.00 We respectfully request $15,000, which will allow us to help three or more individuals with direct aid up to $5,000 each. Because the Vail Valley has one of the highest costs of living in the nation, a person with a medical crisis can quickly find themselves in a dire financial situation. Through a comprehensive application process, the Vail Valley Charitable Fund (VVCF) awards direct-aid grants to people who live and/or primarily work in the Vail Valley who need medical crises. $5,000.00 The Committee recommends awarding $5,000 to support an Avon resident in medical crisis. VAIL VALLEY SALVATION ARMY $10,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 The Avon Community Garden provides plots, including subsidized plots, to Avon residents and businesses.. The Growing Gardeners program for tots works with local preschools to provide programming for area youth; Get Out and Grow Avon event series benefits community and local economy with event series. $10,000.00 The Committee recommends awarding the requested amount for the stated programs. YOUTHPOWER365 $18,000.00 $18,000.00 $15,000.00 $15,000.00 $15,000.00 YouthPower365 is requesting $5,000 for their PwrHrs program, $5,000 for their Magic Bus program, and $5,000 for their Parent Mentors program. In addition, they are requesting $3,000 to boost their PwrOn activities that benefit Avon youth. These include: 1) Camp College, a two-week camp provides low-income families with training to complete college applications, financial planning and FAFSA completion, and exploration of majors; 2) mentoring as part of our gender-specific programming Girl PowHER and The Boys; 3) precollegiate support for PwrHrs students entering high school and charting a path toward post-secondary goals; and 4) the administration of the Dollars for Scholars program which distributed $15,000 in college scholarships to Avon students last year. $15,000.00 The Committee recommends awarding $15,000 for the stated programs. TOTAL $150,490.00 $0.00 $91,400.00 $0.00 970.748.4004 eheil@avon.org 970.748.4013 idejong@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager and Ineke de Jong, Executive Assistant to the Town Manager RE: Winter Restaurant Operations Update DATE: September 17, 2020 SUMMARY: This report provides an overview of options for expanding indoor dining for the winter season. Governor Polis recently sent a letter to all mayors in Colorado to encourage municipal efforts to facilitate tented dining spaces as a means of increasing indoor dining areas. The restaurant industry is particularly challenged with current public health orders that require 6’ separate between tables and limit occupancy to 50% capacity. This report summarizes our research on costs and logistical issues with heated tents, the results of a survey of Colorado Association of Ski Town (“CAST”) members, and the results of a recent survey Staff conducted of Avon restaurant owners. BACKGROUND: This has been a challenging time for restaurant businesses since the onset of coronavirus public health orders. The winter season will present new, and more difficult, challenges. Last week all mayors received a letter from Governor Polis encouraging municipalities to explore creative ways to expand dining areas (attachment A). Enclosed tents which are heated will not count as “outdoor dining” for public health department purposes and will be considered expanded indoor dining area. Staff send a survey to Avon restaurant owners to ask about outlook and concerns for winter season. Vail, Aspen, Snowmass and other communities were surveyed through CAST to understand what programs they may adopt to assist restaurants with heated tents, including cost sharing. AVON RESTAURANT OUTLOOK: Staff send a survey to Avon restaurant owners to ask about outlook and concerns for winter season. As of the date of this memo, we received responses from 19 of the 27 restaurants (70%). Twelve of those nineteen restaurants indicated they are interested in a heated tent if the costs were affordable. The rest said it would not make sense for their space logistically, their landlord would not allow a tent, or they were fine continuing with takeout business. Of the twelve restaurants that indicated they are interested in a heated tent, eight indicated they are willing to share some of the tent rental costs with contribution estimates ranging from $100 to $2,500. The other four were not sure at the moment or said their answer is dependent on the capacity restrictions in place at that time. All twelve indicated they would be willing to pay for heating the tent themselves. The rough square footage and rough dimensions desired /indicated by the twelve restaurants ranged from 300 to 1,200 square feet and details are below: • Not sure (twice) • 300 sq. ft. • 500 sq. ft. • 12X15 (180 sq.ft.) • 15X25 (twice) (750 sq.ft.) • 20X20 (twice) (800 sq.ft.) • 10X45 (450 sq.ft.) • 30X40 (1,200 sq.ft.) • 20X30 (600 sq.ft) When asked what the Town can do to support restaurant business in the winter, several restaurants indicated they could use support with advertising and marketing. Some ideas were to “advertise free parking in Avon for skiers and attempt to pull some of the ski business from Beaver Creek into Avon”. Page 2 of 3 ANALYSIS CAST SURVEY RESULTS: CAST send a survey to its members. We received responses from 11 towns. Seven of the eleven towns indicated they are considering or adopting a public program to assist restaurants to install heated tents to expand indoor seating capacity. One said they are tackling this question soon and the other three said they are not considering this as it will create another smaller, poorly ventilated indoor space, they don’t have the winter traffic to justify it or their public health director does not support tents due to poor ventilation and practical concerns like snow loads and snow remova l. Cost Share: Of the eight towns that are considering heated tents, Vail indicated they are likely to start with a 50/50 cost share proposal. Two towns said they are probably going to use a cost share proposal, but it hasn’t been decided. Two towns did not know anything yet and three towns said the town is not paying for any of the tents. Heating: Of the eight towns that are considering heated tents, Steamboat Springs indicated they may pay for a portion of the tent heating. Three towns said they did not know yet and the other four towns all indicated that the town is not paying for the heat. Permit Fees: In terms of building permit and/or fire inspection fees for installing tents, t hree towns are offering to waive these. One town said they are likely to waive these. One town said there are no fees to begin with and the others said its up for discussion or will not be waived. Contracting, Liability and Insurance: Of the eight towns that are considering heated tents, Vail indicated they are taking on contracting the tent rentals. The other seven towns indicate this will be the restaurant’s responsibility. All eight towns indicate that restaurants will have to assume liability and provide insurance coverage. The full results of the survey can be found in attachment B. FINANCIAL CONSIDERATIONS: We are working with Vail, Beaver Creek and Eagle County to understand costs, details and permitting for heated tents. Very preliminary numbers indicate that a 20’ x 20’ tent with weights (providing 400 sq. ft. of area) would cost approximately $8,000 from November 20, 2020 to April 20, 2021 (5 months). That does not include lighting, heater rental and fuel costs. Based on information received from Vail and Beaver Creek, the approximate tent rental cost with weights from mid-November to mid-April (5 months) for the below square footage and rough dimensions desired by the twelve restaurants are as follows: • Not sure (twice) TBD (twice) • 300 sq. ft. $8,500 • 500 sq. ft. $12,000 • 12X15 (180 sq.ft.) $7,000 • 20X30 (600 sq.ft) $15,600 • 15X25 (twice) (750 sq.ft.) $9,375 (twice) • 20X20 (twice) (800 sq.ft.) $11,925 (twice) • 10X45 (450 sq.ft) $14,000 • 30X40 (1,200 sq.ft) $27,450 • Estimated Total $127,150 Page 3 of 3 We understand that forced air heaters would be required for fire safety and permitting purposes. Very preliminary cost estimates for heating tents during the winter indicate a 20’ x 20’ tent (providing 400 sq.ft. of area) would require one heater. The rough heater rental cost from mid-November to mid-April (5 months) is $1,500 per location. Preliminary estimates for fuel indicate a fuel cost of $320 per week (based on two 100lbs cylinder propane tanks per week). There are several challenging details of heated tents including snow loads, building permits and inspections, fire department inspections and permits, health department concerns with condensation, liability, insurance, snow removal and maintenance and more research will be required. COUNCIL OPTIONS: Council has several options: Option A: Town can offer to waive any building permit and/or fire inspection fees. Option B: Town can offer to waive any building permit and/or fire inspection fees as well as offer some type of cost share program for the tent rental. With either the town contracting the tent rental or the restaurants individually contracting the tent rental. Option C: Town can offer to waive any building permit and/or fire inspection fees as well as offer to pay for the full cost of the tent rental. TOWN MANAGER COMMENTS: If Council believes a cost share approach to supporting Avon restaurants is appropriate then I would recommend the following: (1) Waiver of any Town permit fees for tent installation and Temporary Use Permit approval. (2) Agreement to pay 50% of cost of tent rental not to exceed a designated amount per restaurant [$7,000 is suggested as a maximum amount]. (3) Town should explore options to purchase a free standing tent in those locations where such a tent would physically work and which tent could then be added to Avon’s events assets. (4) Heating, including rental of a heater and fuel, would be the responsibility of the restaurant. (5) Insurance coverage, liability, maintenance and snow removal would be the responsibility of the restaurant. Several restaurants said that Town can provide support through marketing, which is appropriate. Staff can work with restaurant owners to determine appropriate methods and strategies for marketing this winter. Thank you, Eric & Ineke ATTACHMENTS: Attachment A: Letter from Governor Polis Attachment B: CAST Survey Results 136 State Capitol, Denver, CO 80203 | P 303.866.6390 | www.colorado.gov/governor Dear Colorado Mayors, On behalf of the State of Colorado, thank you for your continued commitment protecting the health and safety of your communities. Together, our leadership has saved lives, connected individuals to financial assistance, and stabilized our economy. Because o f our efforts to ensure social distancing, we have begun to slowly re-open our restaurants, stores, offices, and services that Coloradans rely on each and every day. But, there is more work that can be done together to assist families and businesses. Municipalities have employed successful solutions at the local level-- including the facilitation of expanded outdoor dining-- making a significant difference for Colorado restaurants across our state. We have continued our executive orders for temporary modifications to premises, and our state Liquor Enforcement Division (LED) has stood ready to assist restaurants with their questions and applications including approval within 24 hours for non-contiguous or contiguous outdoor liquor licenses. As we prepare for Winter operations, we are faced with new challenges to maintain social distancing and mitigate negative impacts to our economy. The fact that outdoor spaces are abundantly safer than indoor spaces will not change through the colder months of winter, pr esenting a significant challenge that we must be creative to overcome. In the spirit of our partnership, I would like to ask for your help in continuing expanded, safe outdoor dining through this Winter. The State, local communities, and the restaurant in dustry must work together to find creative ways to maintain expanded outdoor dining despite colder weather such as municipally operated fire pits, space heaters, and tenting. I’d like your partnership in distinguishing Colorado as a state that deploys creative solutions to help keep Coloradans outdoors, and support a valued and important industry. I ask that you continue to collaborate with restaurants in your communities to help address the challenges we will face this winter, including the use of grant programs, which can help cover the costs of maintaining expanded outdoor dining through the winter. These include the Coronavirus Relief Fund (www.cdola.colorado.gov/cvrf) through the Department of Local Affairs and various grant opportunities through the Office of Economic Development and International Trade (www.choosecolorado.com/covid19). Please let my office know how the State can be a more active partner in removing barriers that your communities and restaurants face in overcoming these challenges. Thank you in advance for your time and consideration. Sincerely, Jared Polis Governor Attachment A CAST Survey Tents for Winter Dining September 2020 Town considering or adopting a public program to assist restaurants to install heated tents to expand indoor dining space? VAIL: Program planning is underway. BRECKENRIDGE: Yes, only on private property. ASPEN: Has a staff team of 20+ working on these issues. The WAV (Winter in Aspen Vitality) Team is exploring a variety of ideas to support local businesses. Two facilitated Town Hall meetings have been scheduled. Policy questions and concerns are being identified with a plan to discuss with City Council at a Work Session in early October. We have generated a list of possible events and activities that would enhance the visitor experience and provide locals with entertainment. Nothing is definite at this time. Encouraging the use of private space for dining before requesting the use of public spaces. In past winters, various restaurants have created outdoor dining and town has an existing process for businesses to seek the necessary land use approvals. Aspen currently discourages the use of any non- renewable energy heat source for temporary structures. Pitkin County prepared attached white paper on tents for dining. In summary, the findings indicate that tents are not necessarily less harmful than indoor dining. CRESTED BUTTE: Yes. Suspended Board of Zoning and Architectural Review (BOZAR) for temporary structures. Application attached. SNOWMASS VILLAGE: Yes, but details still being developed. STEAMBOAT SPRINGS: Considering but have not yet had a public discussion. So, most of the answers are TBD. BASALT: Still in the infancy stage of conversation. Looking at it, but it seems to be an uphill battle. Have limited funds to provide so don’t think the government can take on the full cost. KETCHUM, ID: Yes TELLURIDE: Hasn't yet tackled question but will discuss soon. Attachment B ESTES PARK: No. Initial concerns with this just creating another smaller, poorly ventilated indoor space that wait staff will have to enter with frequency. OURAY: Not looking at tents. Don't have the winter traffic other towns do. GUNNISON: Public Health Director does not support tents since they will not be able to be ventilated in the winter. Also, there is the practical issue of snow load with tents and they will be in the way of snow removal. Trying to find an entrepreneurial student or any individual that would start a Door Dash type service. Town offering to pay for all or only a portion of the cost for installing tents? What portion if only a portion? VAIL: Likely to start with a 50/50 cost share proposal with restaurants. More work ahead on this issue. Town Council will discuss on 9/15. BRECKENRIDGE: No, the Town is not sharing the cost. ASPEN: Not offering to pay anything. CRESTED BUTTE: The Council has not yet discussed this question. SNOWMASS VILLAGE: Details are still being developed, but very likely yes. STEAMBOAT SPRINGS: Probably only a portion. TBD BASALT: Don’t know the portion because the cost is still unknown. The question of rent vs. purchase (and availability). KETCHUM, ID: No Offering to pay for tent heating? VAIL: Likely will place the cost of heating on the businesses since usage will vary greatly. BRECKENRIDGE: No. ASPEN: We are not offering to pay anything. CRESTED BUTTE: The Council has not yet discussed this question. SNOWMASS VILLAGE: Details are still be developed STEAMBOAT SPRINGS: Probably only a portion, TBD BASALT: No. KETCHUM, ID: No Attachment B Offering to waive any building permit and/or fire inspection fees for installing tents? VAIL: Yes BRECKENRIDGE: Yes, we will waive the permit fee ASPEN: No. CRESTED BUTTE: There are no fees for the application. SNOWMASS VILLAGE: Yes. STEAMBOAT SPRINGS: Likely, TBD BASALT: Up for discussion KETCHUM, ID: No Offering to assume responsibilities for snow removal, maintenance, and/or clean-up? VAIL: Town will likely take on snow removal after bigger storms. Day to day snow removal, maintenance, etc. will be responsibility of the businesses. BRECKENRIDGE: No. ASPEN: Nothing beyond what is normally provided. CRESTED BUTTE: No. SNOWMASS VILLAGE: No. STEAMBOAT SPRINGS: Likely, if on our property BASALT: No. KETCHUM, ID: No Do you have any guidelines on determining the size, location, and eligibility of restaurants to install heated tents? VAIL: No. However, town is visiting each restaurant with fire department, public works and building dept. to determine size, location to ensure life/safety issues are covered. BRECKENRIDGE: Yes. ASPEN: Current land use and development code requirements apply. CRESTED BUTTE: Tents are only allowed on private property. If they are in the way of snow shed or snow removal they must be removed by the end of October. Otherwise they can stay up for the winter. Requires engineer stamp and fire department approval. Attachment B SNOWMASS VILLAGE: Details are still being developed. STEAMBOAT SPRINGS: TBD. BASALT: No. KETCHUM, ID: No Is your town considering common area tents that can be used by multiple restaurants? VAIL: Yes BRECKENRIDGE: No. ASPEN: Yes, and considering other forms of structures that could be used by individual restaurants and the public. CRESTED BUTTE: No, due to snow removal constraints we have been unable to identify any suitable public areas convenient to multiple restaurants. SNOWMASS VILLAGE: Not at this time. STEAMBOAT SPRINGS: Probably, TBD BASALT: Shying away from this idea as it will inevitably lead to issues with clean up and responsibility for that. Don’t intend to have public works crew become bus boys this winter. KETCHUM, ID: No Who is contracting for the tent rentals and assuming liability and providing insurance coverage? Town or restaurants? VAIL: Town is contracting. Businesses will assume liability and insurance via a revocable license agreement with the Town. BRECKENRIDGE: It is the responsibility of the business that wants the tent. ASPEN: Restaurants CRESTED BUTTE: Restaurants SNOWMASS VILLAGE: Details are still being developed. STEAMBOAT SPRINGS: Town if on town property. Restaurants, if on their property. BASALT: If rental, we would have the restaurants do that. Don’t support putting the public in a position of liability. KETCHUM, ID: Restaurants Attachment B 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Eric Heil, Town Manager RE: Allocation of Buffalo Ridge Sale Proceeds DATE: September 17, 2020 SUMMARY: The sale of Buffalo Ridge Phase 2 closed and the Town received $1,499,700 as negotiated for the sale of the Town of Avon’s 3% interest. Council direction is requested on allocation of the funds. Staff recommends that the proceeds are allocated to the Community Housing Fund because Buffalo Ridge is a community housing project. This sale and the receipt of the proceeds was not anticipated in the 2020 Budget so a budget amendment will be prepared before the end of the year. COMMUNITY HOUSING FUND BALANCE: With the additional funds from Buffalo Ridge and the $250,000 transfer-in from the General Fund, the Community Housing Fund is estimated to have an ending fund balance of $1,986,773 for 2020. This includes the appropriation of $650,000 for ¡Mi Casa Avon! deed restrictions. PLAN DOCUMENTS: The 2018 Avon Community Housing Plan and the 2020 Strategic Plan encouraged identifying additional revenue sources for the Community Housing Fund. Staff is currently exploring the potential to apply for grant funds for Avon’s housing efforts and use a portion of these proceeds as matching funds for such grant applications. PROPOSED MOTION: “I move to direct Staff to allocate the proceeds of the Buffalo Ridge Phase 2 sale to the Community Housing Fund.” Thank you, Eric 970-748-4045 jhildreth@avon.org TO: Honorable Mayor Smith Hymes and Council Members FROM: Justin Hildreth, Town Engineer RE: Notice of Award – Recreation Center Locker Room Remodel Project DATE: September 17, 2020 SUMMARY: Staff requests Council authorization to issue Notice of Award for construction of the Recreation Center Locker Room Remodel Project as approved in the Town of Avon 2020 Capital Projects Fund to Catalyst Construction, LLC. DISCUSSION: The Recreation Center Locker Room Remodel Project generally consists of the replacement of lockers, shower and restroom partitions, new tile and painting. The existing lockers are recommended to be replaced because they are at the end of their useful life, parts are no longer readily available and are difficult to maintain. The partitions will be replaced to match the lockers and tile is being installed because it will have more slip resistance than the existing flooring, reducing falls. This project will enhance and improve the existing facility and keep current with modern trends and standards. Staff advertised the Project for (3) weeks on the Town website, local newspapers, and on Bidnetdirect.com beginning on July 31st, 2020. The Bid Opening was held on September 10th and 5 bids were received: Catalyst Construction, LLC $198,893.00 Ford Construction, CO $243,097.00 Hess Contracting, Inc. $362,887.00 Rapid Restoration $341,634.00 GE Johnson $536,652.10 Staff recommends issuance of the Notice of Award to the low bidder, Catalyst Construction, LLC (“Catalyst”). Catalyst is based in Denver and this project will be managed from the Grand Junction office. The project manager has worked successfully for the Town with a previous employer on the Avon Regional Transit Facility project. CONSTRUCTION SCHEDULE: The current schedule is to complete the project by the end of the year. The lead time for the lockers is approximately 8-weeks and construction will start once they are delivered. Once delivered, the project is expected to take 4 to 6 weeks. The Recreation Center will remain open and the locker rooms are currently closed though not expected to reopen until COVID-19 protocols are removed. FINANCIAL CONSIDERATIONS: The current Capital Projects Fund (“CPF”) budget includes $200,000 for the project and there is $20,435 remaining in last year’s Recreation Center Weight Room Expansion Project budget. Staff is requesting that the remaining $20,435 be transferred to the locker room remodel project to be used as a contingency. Page 2 of 2 The Project cost estimate is shown in Table 1 below and includes 9.8 % contingency. Table 1: Recreation Center Locker Room Remodel Project Available Funds in 2020 Budget: $220,435 Construction Cost $198,893 Contingency (10%) $ 21,542 Total $224,000 RECOMMENDATION: I recommend Council authorization to award the Recreation Center Locker Room Remodel Project contract to the low bidder, Catalyst, in the amount of $198,893. PROPOSED MOTION: “I move to authorize issuance of the Notice of Award for the Recreation Center Locker Room Remodel Project contract to the low bidder, Catalyst, in the amount of $198,893 and in the next CPF budget amendment transfer $20,435 from the Recreation Center Weight Room Expansion Project to this project.” Thank you, Justin 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Eric Heil, Town Manager RE: Amendment to Town Manager Employment Agreement DATE: September 17, 2020 SUMMARY: During my annual performance review I requested consideration of calculating my personal time off based from my original start date with the Town of Avon serving as the Town Attorney on October 1, 2008. Council indicated that they supported that change effective October 1, 2020. The amendment increases the rate of personal time off from 12 hours per month to 16 hours per month. Attached is an amendment to the employment agreement which implements that change. The specific language addition is shown as follows: 3.6 PAID TIME OFF. The Manager shall be entitled to paid time off (“Paid Time Off”) in accordance with Section 2.16 (a) of the Town of Avon Compensation & Benefits Programs, effective January 1, 2016, as may be amended from time to time, provided that Manager shall begin accruing Paid Time Off at the rate of an employee with five (5) years of employment with the Town, which accrual shall begin on the Commencement Date. Additionally, on Commencement Date, the Town will award the Manager eighty (80) hours of Paid Time Off, which shall be immediately available for the Manager’s use. Manager shall accrue Paid Time Off at the rate of an employee with ten (10) years of employment with the Town commencing on October 1, 2020. Thank you, Eric ATTACHMENT A: Revised Town Manager Employment Agreement Town Manager Employment Agreement September 22, 2020 Page 1 of 16 TOWN OF AVON TOWN MANAGER EMPLOYMENT AGREEMENT THIS TOWN MANAGER EMPLOYMENT AGREEMENT (the “Agreement”) is effective April 9, 2019 and is by and between Eric J. Heil, (the “Manager”) and the Town of Avon, Colorado (the “Town”), a Home Rule municipality in the State of Colorado (individually, a “Party” and collectively, the “Parties”), and is made to set forth the terms and conditions of Manager’s employment with the Town. NOW, THEREFORE, in consideration of the mutual promises and payments herein contained, the Parties agree to the following terms and conditions: 1.0 EMPLOYMENT. Manager is employed as Town Manager of the Town for an indefinite period as an at-will employee, subject to: the terms and conditions of this Agreement; the Town of Avon Employee Policies & Procedures, effective April 25, 2016; the Town of Avon Compensation & Benefits Programs, effective January 1, 2016; and the Avon Home Rule Charter, as each and all may be amended from time to time. 2.0 DUTIES. Manager is employed as Town Manager in a full-time capacity, with such duties and functions as are specified in the Town of Avon Home Rule Charter, as may be specified by ordinance or in the Avon Municipal Code, and as may be directed by the Town Council. 3.0 COMPENSATION. 3.1 BASE SALARY. The Town agrees to pay Manager a base annual salary (“Base Salary”) of ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($175,000.00), which shall be paid on and from the Commencement Date. Payment of the Base Salary under this Agreement shall be made in equal installments on a biweekly basis during the term of this Agreement. The Base Salary shall be prorated for 2019 to reflect the Manager’s Commencement Date, and for any other calendar year in which the Manager is employed for fewer than 12 months. 3.2 AUTOMOBILE ALLOWANCE. Manager shall receive FIVE HUNDRED DOLLARS ($500.00) per month as additional, taxable compensation in return for his use of his own, owned automobile in conducting Town business, which shall be paid on and from the Commencement Date. The Manager shall be expected to use his personal vehicle for travel to and from business meetings and on trips related to performance of Town Manager duties. The Manager shall, therefore, not be eligible for mileage reimbursement. 3.3 HOUSING ALLOWANCE. Manager shall receive FIVE HUNDRED SEVENTY DOLLARS ($570.00) per month as additional, taxable compensation to defray Town Manager Employment Agreement September 22, 2020 Page 2 of 16 the costs of maintaining a primary residence in Avon, Beaver Creek, or EagleVail, Colorado. This payment shall be reduced by half, to TWO HUNDRED EIGHTY-FIVE DOLLARS ($285.00) per month, if the Manager maintains a residence in Homestead, Edwards town center, Singletree, Arrowhead, or Bachelor Gulch, Colorado. No amount will be paid to the Manager in accordance with this Section 3.3 if the Manager maintains his primary residence in any community other than those listed above. 3.4 RETIREMENT. Beginning on the Commencement Date, the Town shall contribute an amount into the Town of Avon Public Employees Money Purchase Pension Plan (the “401(a) Plan”) equal to that amount the Manager defers into the 401(a) Plan. As of the Commencement Date, that amount is eleven percent (11%) of the Manager’s Base Salary. The Town’s matching contribution shall be paid into the 401(a) Plan in biweekly installments. In addition to the 401(a) Plan, the Manager shall be eligible to participate in the Town’s Section 457 Deferred Compensation Retirement Plan in accordance with the terms and conditions of that plan, and to the extent that the Town maintains that plan. 3.5 INSURANCE BENEFITS. The Town shall provide and pay that portion of the premiums for health, dental, vision, and term life insurance for Manager and his dependents that it pays on behalf of other full-time employees of the Town in accordance with Town of Avon Compensation & Benefits Programs, effective January 1, 2016, as may be amended from time to time (the “Insurance Benefits”). 3.6 PAID TIME OFF. The Manager shall be entitled to paid time off (“Paid Time Off”) in accordance with Section 2.16 (a) of the Town of Avon Compensation & Benefits Programs, effective January 1, 2016, as may be amended from time to time, provided that Manager shall begin accruing Paid Time Off at the rate of an employee with five (5) years of employment with the Town, which accrual shall begin on the Commencement Date. Additionally, on Commencement Date, the Town will award the Manager eighty (80) hours of Paid Time Off, which shall be immediately available for the Manager’s use. Manager shall accrue Paid Time Off at the rate of an employee with ten (10) years of employment with the Town commencing on October 1, 2020. 3.7 OTHER BENEFITS. Manager shall be entitled to participate in any other benefits that are provided by the Town to other full-time, executive employees in accordance with the applicable participation requirements. 3.8 COMPENSATION ADJUSTMENT. The Compensation of the Manager may be adjusted based upon the Manager’s annual performance evaluation, as set forth in Section 4 below, by the Town Council, subject to the Town Council’s sole discretion. Any change in Compensation shall be effective on such date as Council may determine in its sole discretion. Compensation adjustments shall be made by motion and vote and do not require amendment of this Agreement. Town Manager Employment Agreement September 22, 2020 Page 3 of 16 3.9 RELOCATION EXPENSES. The Town shall reimburse Manager for those direct moving expenses the Manager incurs prior to August 31, 2021, to move his primary residence to any of the Eagle River Valley neighborhoods identified by name in Section 3.3 above, to a maximum of four thousand dollars ($4,000.00). The Manager shall present receipts or other documentation to support all such reimbursements. The Town’s reimbursement of the Manager’s relocation expenses may constitute taxable income to the Manager and may be subject to withholding in accordance with applicable law. 4.0 PERFORMANCE REVIEW. The Town Council shall strive to complete the annual performance review of the Manager in March of each calendar year, unless the Town Council determines a different month during which to complete an annual performance review. The Town Council also may require a performance evaluation at any time a majority of the Council deems a review is necessary. The Town Council shall inform the Manager as to the Town Council’s opinion and expectations regarding his performance as Town Manager based upon such performance criteria as the Town Council may utilize in its sole discretion. 5.0 COMMENCEMENT OF EMPLOYMENT AS TOWN MANAGER. The Effective Date of the Agreement is April 9, 2019, irrespective of the date or dates upon which the Parties execute it. Manager shall commence his duties as Town Manager on Monday, April 29, 2019, (“Commencement Date”). 6.0 FACILITIES. The Town shall furnish office facilities and assistance for Manager as the Town Council deems appropriate for the performance of Manager’s duties. 7.0 LIMITATION ON EXTERNAL PROFESSIONAL ACTIVITIES. Manager shall not engage in any non-Town employment activities for compensation without the express written consent of the Town Council. It is the intent of the Parties that Manager’s employment will require his full-time commitment. 7.1 Notwithstanding Section 7.0, the Manager shall be permitted to pursue his occasional efforts as a professional musician, so long as they do not interfere with the performance of his Town duties. While the Manager may accept payment for musical engagements, he may not accept payment with respect to any engagement that the Town funds, directly or indirectly, in whole or in part. 8.0 PARTICIPATION IN PROFESSIONAL ORGANIZATIONS. Participation in professional organizations and voluntary programs is encouraged, provided they are consistent with the responsibilities of the Town Manager and with the interests of the Town. The Town shall pay Manager’s membership fees and reasonable costs of participation in the International City Manager’s Association; the Colorado Bar Association; the American Planning Association; the Colorado Chapter of the American Planning Association; and other memberships and professional development activities the Town Council determines are consistent with his employment. The Town shall also pay those attorney registration fees and reasonable continuing legal education costs required for the Manager to maintain an active license to practice law in the State of Town Manager Employment Agreement September 22, 2020 Page 4 of 16 Colorado. 9.0 CONFERENCE ATTENDANCE. The Town shall pay for all reasonable expenses related to Manager’s attendance at: the International City Manager’s Association annual conference; all Colorado Association of Ski Town monthly meetings; the Colorado Association of Ski Towns annual conference; the Colorado Municipal League annual conference; and at least one other out-of-state conference to be selected at the reasonable discretion of the Manager. Manager may propose additional job related training, education, and professional memberships and participation, which shall be subject to review and approval by the Town Council. Additionally, the Manager must attend, at Town’s expense, a leadership/management professional development course by April 30, 2020. The coursework shall be selected by the Manager and shall require the Town Council’s prior approval. 10.0 TERMINATION WITH SEVERANCE. This Agreement may be terminated, and the Manager shall receive the below-defined Severance, in the event of the following: 10.1 The Town may terminate Manager’s employment without Cause (“Cause,” as defined below in Section 12), at any time, upon the vote of the majority of the Town Council, and nothing contained in this Agreement shall restrict any Town Council member from making a motion or voting to terminate Manager’s employment without Cause at any regular or special meeting. 10.2 The Manager may terminate his employment by resigning the position of Town Manager for Good Reason. As used in this provision, “Good Reason” shall mean: 10.2.1 Upon receiving the recommendation that he resign from the Town Council, as represented by a majority of its members; or 10.2.2 Upon the Town’s breach of any material provision of Section 3.0 that remains uncured for forty-five (45) consecutive days after Manager provides the Town Council written notice of the alleged breach and demand for cure. 11.0 SEVERANCE. 11.1 The Town shall provide the Manager a severance payment (“Severance,” as defined below), if Manager’s employment is terminated by the Town without Cause, or by the Manager for Good Reason, so long as the Manager executes the Severance, Waiver, and Release of Claims Agreement described below. 11.2 The Town shall not be obligated to pay Severance if Manager’s employment is terminated for Cause, defined below in Section 12, or in the case that Manager resigns voluntarily without Good Reason, as set forth in Section 13. 11.3 The Severance payment shall equal four (4) months’ Base Salary, at the Manager’s Town Manager Employment Agreement September 22, 2020 Page 5 of 16 then-current rate of pay, and the cost of Insurance Benefits as described in Section 3.5, above, for the same four-month period. 11.3.1 Severance payments shall be subject to and conditioned upon the Manager’s execution of a Severance, Waiver, and Release of Claims Agreement, in a form substantially similar to that attached to this Agreement as Exhibit One. 11.3.2 The Severance payment shall be paid in a lump sum within twenty (20) days after the expiration of all applicable consideration and revocation periods provided for in the Severance, Waiver, and Release of Claims Agreement. 11.3.3 The Severance payment shall be reduced by all taxes and other withholdings required by law, and by the outstanding balance of any amount due and owing from the Manager to the Town. 11.3.4 Severance shall include reimbursement to Manager for his payment of premiums necessary to maintain Insurance Benefits through COBRA or other applicable laws or regulations providing continuation of coverage for four (4) months following the termination of his employment by the Town without Cause, or by the Manager for Good Reason. 12.0 TERMINATION FOR CAUSE WITHOUT SEVERANCE. This agreement may be terminated for Cause, at any time, upon the vote of the majority of the Town Council. 12.1 For the purpose of this Agreement, “Cause” shall consist of: 12.1.1 Conduct by Manager which is fraudulent or dishonest, including the Manager’s intentional failure to provide known information to the Town Council that is material to Town Council actions; or 12.1.2 Manager’s conduct that, if proven, would constitute a criminal offense evidencing poor character or judgment, or moral turpitude, where Town Council finds that there is reason to believe that such conduct occurred; or 12.1.3 Negligence, malfeasance, misfeasance, or nonfeasance in office; intentional or negligent violation of state or federal civil rights; or sexual harassment; or 12.1.4 Excessive use of alcohol or drugs, which renders Manager unfit or unable to perform his duties, as determined by the Town Council. 12.2 If the Town Council intends to consider termination of Manager’s employment for Cause, the Town Council, at any time, upon the vote of the majority of such Council, shall give Manager written notification stating the Cause for termination (“Notice of Termination for Cause”). If the Manager desires to question whether the matters stated Town Manager Employment Agreement September 22, 2020 Page 6 of 16 in the Notice of Termination for Cause are accurate, or whether they constitute Cause, Manager shall have the right to do so on written notice (“Notice of Appeal”) to the Town Council given within ten (10) days after his receipt of the Notice of Termination for Cause. Upon receiving the Manager’s Notice of Appeal, the Town Council shall provide the Manager a hearing before the Council within 15 business days. Such hearing shall be conducted in accordance with rules of procedure reasonably established by the Town Council. The Town Council’s determination, which shall be delivered to the Manager within five (5) business days of the Manager’s appeal hearing, shall be final and shall not be subject to further review. 12.3 If the Manager resigns upon notice from the Town Council that it is considering terminating the Manager’s employment for Cause, Town Council, in its sole discretion, may elect to treat such resignation as a termination for Good Reason, with Severance, in accordance with Section 10.2, above, or may elect to treat such resignation as a resignation without Good Reason in accordance with Section 13.0 below, in which case such resignation shall be effective immediately and Manager shall not be entitled to Severance. 13.0 RESIGNATION. As an at-will employee, if Manager voluntarily resigns Manager’s position with the Town in a manner not contemplated by Section 10, Manager shall strive to provide a minimum of forty-five (45) days written notice, unless the Parties otherwise agree. Upon the effective date of resignation, Manager shall be entitled to no further compensation or benefits under this Agreement or otherwise, but will be compensated for accrued, but unused, Paid Time Off in accordance with the Town of Avon Compensation and Benefits Programs, effective January 1, 2016, as may be amended from time to time. 14.0 ARBITRATION. Whenever a dispute arises with respect to this Agreement, or as to any aspect of the Manager’s employment or the termination thereof, that the Parties are unable to resolve through negotiation or other informal process, then, upon written demand of either Party, such dispute shall be submitted to binding arbitration conducted by the Judicial Arbiter Group, Inc. of Denver, Colorado, or its successor, or by such other arbitrator as the Parties may mutually select, pursuant to the rules and procedures determined by agreement of the Parties or, failing such agreement, by the arbitrator. The arbitration hearing shall be held within sixty (60) days of appointment of the arbitrator unless otherwise agreed by both Parties. Furthermore, each Party shall be entitled to one deposition. The Colorado Rules of Evidence shall not apply unless otherwise agreed by the Parties or determined by the arbitrator. Further, the arbitrator shall have discretion to determine whether any proffered evidence is sufficiently reliable and probative to be admitted. The determination of the arbitrator shall be final and absolute. The award of the arbitrator may be entered as a judgment in any court in the State of Colorado or elsewhere. If the Parties are unable to mutually agree on the selection of an arbitrator, then each Party shall select an arbitrator and the two arbitrators shall select a third arbitrator who shall make the determination, render final decisions, and issue an award. The Town shall bear the costs of any arbitration proceeding, however the Town and the Manager shall each bear their own attorney’s fees. Town Manager Employment Agreement September 22, 2020 Page 7 of 16 The Parties intend this arbitration agreement to be a full and complete waiver of their rights to seek redress in any dispute between them related to the Manager’s Town employment from a court or before a jury. 15.0 INDEMNIFICATION. The Town shall defend, save harmless, and indemnify Manager against any and all losses, damages, judgments, interest, settlements, fines, court costs, and other liabilities incurred by, imposed upon, or suffered by Manager in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of an alleged act or omission in the performance of Manager’s duties as Town Manager or resulting from the Manager’s exercise of judgment or discretion in connection with his proper performance of duties or responsibilities on behalf of the Town, except to the extent the act, omission, or exercise involves the Manager’s reckless, willful, or wanton conduct; intentional misconduct; or, an act, omission or exercise that meets the definition of Cause. Manager may request the Town to provide independent legal representation acceptable to Manager at the Town’s reasonable expense and the Town shall not unreasonably withhold approval. Legal representation provided by the Town for Manager shall extend until a final determination of the legal action including any appeals brought by either party. Any settlement of any claim must be made with prior approval of the Town in order for indemnification as provided in this Section to be available. 16.0 NOTICES. All written notifications contemplated in this Agreement shall be sent to the following addresses via U.S. Mail or nationally recognized overnight courier, provided that the Manager may amend the address for notification by providing written notice of such address change: If to the Town: If to Manager: Mayor Town of Avon 100 Mikaela Way P.O. Box 975 Avon, CO 81620 Eric J. Heil Home Address: With Copy to: Town Attorney 100 Mikaela Way P.O. Box 975 Avon, CO 81620 _______________________________ _______________________________ _______________________________ _______________________________ 17.0 ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the Parties as to the subject matter hereof and may not be changed orally, but only by written agreement signed by both Parties. 18.0 BINDING EFFECT. The Agreement shall be binding upon the Town and Manager and, as applicable, upon their heirs, personal representatives, successors, and authorized assigns. 19.0 ASSIGNMENT. The rights and obligations of this Agreement are personal in nature and Town Manager Employment Agreement September 22, 2020 Page 8 of 16 shall not be assigned or otherwise conveyed by a Party without the prior written consent of the other Party. 20.0 NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Town and Manager, and nothing contained in this Agreement shall give or allow any such claim or right of action by any third person to this Agreement. It is the expressed intention of the Town and Manager that any person other than the Town or Manager receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 21.0 SEVERABILITY. The validity or partial invalidity of any provision of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the Parties shall negotiate and diligently seek to reach agreement regarding the intent of the Parties concerning any such invalid provision. Accordingly, if any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to remain in full force and effect. 22.0 INDEPENDENT LEGAL ADVICE. The Manager acknowledges that the Town has advised him to obtain independent legal advice with respect to entering into this Agreement, and that he has obtained such independent legal advice to the extent he deemed appropriate. Manager further acknowledges that he is entering into this Agreement with full knowledge of the contents hereof, of the Manager’s own free will, and with full capacity and authority to do so. 23.0 ARTICLE X, SECTION 20/TABOR. The Parties acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution (“TABOR”). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the Town of Avon, and other applicable law. Upon the Town’s failure to appropriate such funds, this Agreement shall be deemed terminated and the Manager shall be deemed terminated without Cause, unless such action is the result of a prior termination for Cause pursuant to Section 12. 24.0 COUNTERPART EXECUTION. This Agreement may be executed by the Parties in counterparts, which, together, shall form a single document. Signature Page Follows Town Manager Employment Agreement September 22, 2020 Page 9 of 16 The Town of Avon, evidenced by the signature of its authorized representative, has read and considered this Town Manager Employment Agreement, understands its terms and conditions, and hereby agrees to employ Eric J. Heil as Avon Town Manager on the terms and conditions set forth herein. TOWN OF AVON, COLORADO BY:_____________________________________ _________________ Sarah Smith, Mayor Date ATTEST:________________________________ _________________ Brenda Torres, Acting Town Clerk Date APPROVED AS TO FORM: ________________________________________ Paul Wisor Eric J. Heil, as evidenced by his signature below, has read and considered this Town Manager Employment Agreement, understands its terms and conditions, and hereby agrees to serve as Avon Town Manager on the terms and conditions set forth herein. Signature Date Town Manager Employment Agreement September 22, 2020 Page 10 of 16 TOWN OF AVON TOWN MANAGER EMPLOYMENT AGREEMENT EXHIBIT ONE: Form of Severance, Waiver, and Release of Claims Agreement Town Manager Employment Agreement September 22, 2020 Page 11 of 16 TOWN of AVON, COLORADO SEVERANCE, WAIVER & RELEASE OF CLAIMS AGREEMENT THIS DOCUMENT IS INTENDED AS AN EXAMPLE ONLY AND DOES NOT CONSTITUTE A CURRENT OFFER OF SEVERANCE FROM THE TOWN OF AVON TO THE TOWN MANAGER. This Severance, Waiver, and Release of Claims Agreement (the “Agreement”) is entered into by and between the undersigned Town Manager, Eric J. Heil (“You”) and the Town of Avon, Colorado, and its respective elected officials, employees, agents, representatives, attorneys, and insurers (collectively the “Town”). You and the Town will be referred to collectively as the “Parties.” 1. Your employment with the Town will conclude on , 20 (the “Separation Date”), irrespective of the date upon which You execute this Agreement. 2. By your signature below, You acknowledge and agree that, as of the Separation Date, You were paid all wages or salary, all accrued unused vacation time, characterized by the Town as Paid Time Off, and any other compensation due and owing to You through the Separation Date, less the applicable tax or other deductions required by law, or deductions authorized by You in writing. 3. By your signature below, You agree that You have returned or, within seven (7) days of the Separation Date, will return all the Town property, including all copies of Town documents, which You have had in Your possession, custody, or control at any time through the end of Your employment. Town property includes, but is not limited to, Town files, notes, records, financial information, computer hardware, cellular phones, credit cards, entry cards, identification badges, keys, and any tangible property or materials of any kind that contain any Town proprietary or confidential information. You further agree to return all relevant proprietary information related to the Town that is currently loaded on any hard drive, flash drive, lap top, compact disc, or other electronic medium in your control and You shall not maintain copies of such information after returning it to the Town. 4. If You execute this Agreement, and do not revoke it, the Town agrees to pay the “Separation Benefit,” consisting of: (a) A single, lump sum payment in the amount of Dollars ($ ), which is equivalent to four (4) months’ compensation at your regular rate of pay, less all applicable deductions and local, state, and federal taxes. If You execute this Agreement and do Town Manager Employment Agreement September 22, 2020 Page 12 of 16 not revoke your execution, this amount will be paid to You within twenty (20) days after the expiration of the revocation period provided for in this Agreement. (b) Reimbursement of amounts You pay to continue your Insurance Benefits for a period of four (4) months following the Separation Date. The Town will issue this reimbursement to You within thirty (30) days of receiving reasonable evidence that You paid the required monthly premium. 5. Should You make a claim for unemployment insurance benefits, the Town will not contest or oppose any award of such benefits, but will accurately respond to inquiries submitted to the Town by the Colorado Department of Labor and Employment. 6. Other than the continuation of health insurance benefits under COBRA, as of the Separation Date, You shall not be eligible to participate in any of the Town’s health benefit plans, including, but not limited to, any plans or programs of medical, dental, or vision insurance. Likewise, as of your Separation Date, You shall not be eligible to participate in the Town’s other employee benefit plans. Nothing in this Section shall prevent You from participating in a COBRA continuation coverage program or any similar state medical and dental insurance continuation coverage program (“COBRA continuation coverage”). 7. YOU SHALL BE RESPONSIBLE FOR TIMELY ELECTION OF COBRA CONTINUATION COVERAGE AND FOR ALL COBRA CONTINUATION COVERAGE PAYMENTS. YOUR FAILURE TO TIMELY ELECT COBRA CONTINUATION COVERAGE OR TO TIMELY REMIT COBRA CONTINUATION COVERAGE PREMIUMS SHALL CAUSE AN IMMEDIATE LOSS OF YOUR COBRA CONTINUATION COVERAGE WITHOUT FURTHER NOTICE. 8. You agree that You desire to receive the Separation Benefit, and that the amount offered to You is above and beyond that to which You would otherwise be entitled. You further acknowledge that: your decision to release the Town is entirely voluntary; You have not been pressured into accepting the Separation Benefit; and You have enough information about the Separation Benefit to decide whether to execute this Agreement. If, for any reason, You believe that your acceptance of the Separation Benefit is not entirely voluntary, or if You believe that You do not have enough information, then You should not execute this Agreement. 9. You acknowledge that You have read and that You understand this Agreement. 10. You agree that, to the maximum extent permitted by applicable law, by executing this Agreement, You hereby covenant not to institute any legal or administrative proceeding against the Town and are fully, finally and forever releasing any and all claims that You have or may have against the Town, to the maximum extent permitted by law, as follows: (a) You agree that by executing this Agreement, You intend to release and forever discharge, and in fact release and forever discharge, the Town and its past and present Town Manager Employment Agreement September 22, 2020 Page 13 of 16 trustees, officers, agents, insurers, attorneys, assigns, and other representatives of any kind (collectively the “Released Parties”) from any and all claims, demands, rights, liabilities, and causes of action of any kind or nature, known or unknown, arising prior to or through the date that You execute this Agreement; and (b) You agree that your release includes, but is not limited to any and all claims, demands, rights, liabilities and causes of action arising or having arisen out of or in connection with your employment or termination of employment with the Town; and (c) With the exception of claims for the Separation Benefit payable to You and claims for any unemployment benefits to which You may be entitled, by your signature below, You intend to and do release and waive any claim or right to further compensation, benefits, damages, penalties, attorneys' fees, costs, or expenses of any kind from the Town; and (d) This release specifically includes, but is not limited to, a release of any and all claims pursuant to: (i) state or federal wage payment laws; (ii) the Colorado Anti-Discrimination Act; (iii) Title VII of the Civil Rights Act of 1964; (iv) the Rehabilitation Act of 1973; (v) the Reconstruction Era Civil Rights Acts, 42 U.S.C. §§ 1981-1988; (vi) the Civil Rights Act of 1991; (vii) the Americans with Disabilities Act & the Americans with Disabilities Amendments Act of 2008; (viii) Executive Order 11246; (ix) the Family Medical Leave Act of 1993 and any other state or federal family and/or medical leave acts; (x) the Consolidated Omnibus Budget Reconciliation Act of 1985; (xi) the Uniformed Services Employment and Reemployment Rights Act; (xii) the Genetic Information Nondiscrimination Act of 2008; (xiii) the Employee Retirement Income Security Act of 1974; and Town Manager Employment Agreement September 22, 2020 Page 14 of 16 (xiv) any other federal, state or local laws or regulations of any kind, whether statutory or decisional. This release also includes, but is not limited to, a release of any claims for wrongful termination, personal injury, breach of contract, defamation, misrepresentation, violation of public policy or invasion of privacy, and tortious interference with contract. This release covers claims that You know about as well as those You may not know about; and (e) To the extent allowed by applicable statutory and regulatory law, the release contained in the preceding paragraph includes a waiver of rights and claims which You may have arising under the federal Age Discrimination in Employment Act of 1967 (Title 29, United States Code, 621 et seq.) (the “ADEA”). Pursuant to the Older Workers Benefit Protection Act (Public Law 101-433; 1990 S. 1511), You acknowledge that this release is intended to apply to, and You expressly agree that it shall be effective as a waiver of, rights and claims arising under the ADEA; and (f) This release does not include any claims that cannot be released or waived by law. Nothing in this Agreement is intended to limit, restrict or interfere with your right to engage in any protected activity under the National Labor Relations Act. Further, by executing this Agreement, You do not waive rights and claims that may arise subsequent to the execution of this Agreement. Execution of this Agreement does not affect your ability to participate in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, the Colorado Civil Rights Division, or a comparable local agency. However, notwithstanding the foregoing, You agree to waive your right to recover monetary damages in any amount awarded in any charge, complaint, or lawsuit filed by You or by anyone else on your behalf; and (g) You agree that this Agreement is intended to be interpreted in the broadest possible manner in favor of the Town, to include all actual or potential legal claims that You may have against the Town, except as specifically provided otherwise in this Agreement; and (h) You further agree that You have not experienced any illness, injury, or disability compensable or recoverable under the worker’s compensation laws of the State of Colorado that You have not reported to the Town and You agree that You will not file a worker’s compensation claim asserting the existence of any such illness, injury, or disability; and (i) You agree that You have been and are hereby advised by The Town to consult with an attorney prior to executing this Agreement. 11. You agree that the Separation Benefit that You are accepting by signing this Agreement has value to you. You agree that You would not be entitled to the Separation Benefit without signing this Agreement. You acknowledge that You will receive the Separation Benefit in exchange for the benefit You are providing to the Town and the Released Parties by signing this Town Manager Employment Agreement September 22, 2020 Page 15 of 16 Agreement. You also acknowledge and agree that the Town will withhold from the Separation Benefit all applicable deductions and federal, state and local taxes. 12. You agree that the Separation Benefit is the only benefit You are to receive by signing this Agreement, and that in signing this Agreement You did not rely on any information, oral or written, from anyone, including your supervisor, other than the information contained in this Agreement. 13. You represent that You have not previously assigned or transferred any of the legal rights and claims that You have waived by signing this Agreement. You agree that this Agreement also binds all persons who might assert a legal right or claim on your behalf, such as your heirs, personal representatives, and assigns. 14. You agree not to disparage the Town, its trustees, officers, employees, agents, or reputation. 15. This Agreement may be executed in multiple counterparts, each of which shall be an original, but all of which shall be deemed to constitute one instrument. 16. You agree that: (a) this Agreement constitutes the entire agreement between You and the Town regarding its subject matter, without regard to any other oral or written information that You may have received about this Agreement; (b) if any part of this Agreement is declared to be unenforceable, all other provisions of this Agreement shall remain enforceable; and (c) this Agreement shall be governed by federal law and by the laws of the State of Colorado, irrespective of the choice of law rules of any jurisdiction. 17. You also agree that to the extent You are bound by a proprietary information agreement or confidentiality agreement, those agreements are not released hereby. 18. You have up to twenty-one (21) days after You receive this Agreement to consider whether to execute this Agreement (the “Deliberation Period”). During the Deliberation Period, You should consult with an attorney of your choosing and consider whether You wish to sign this Agreement. You agree that, after You have signed and delivered this Agreement to the Town, this Agreement will not be effective or enforceable until the end of a seven (7) day revocation period beginning the day that You deliver this Agreement to the Town (the “Revocation Period”). You understand that You will not receive the Separation Benefit as applicable until the Revocation Period has expired. During the Revocation Period, You may revoke this Agreement without condition and in your sole judgment, but You may do so only by delivering a written statement of revocation to the Town. If the Town does not receive a written revocation notice by the end of the Revocation Period, this Agreement will become legally enforceable and You may not thereafter revoke this Agreement. Remainder of page intentionally blank; signature page follows Town Manager Employment Agreement September 22, 2020 Page 16 of 16 By signing below You: (a) acknowledge that You have read and understand this Agreement; (b) understand that it is a legally binding document that may affect your legal rights; and (c) have been advised to consult a lawyer of your choosing before signing this Agreement and have had an opportunity to do so to the extent you deem appropriate. ERIC J. HEIL Signature: Date: The Town of Avon, evidenced by the signature of its authorized representative, has read and considered this Town Manager Severance, Waiver, and Release of Claims Agreement, understands its terms and conditions, and hereby agrees to these terms and conditions with respect to the departure from employment of Eric J. Heil as Avon Town Manager on the terms and conditions set forth herein. TOWN OF AVON, COLORADO BY: , Mayor Date ATTEST: , Town Clerk Date AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 8, 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 5:00 p.m. A roll call was taken, and Council members present by video/audio were Amy Phillips, Tamra Underwood, Chico Thuon, and Scott Prince. Councilor Jennie Fancher and Councilor Jake Wolf were absent. Also present were Town Manager Eric Heil, Stand-in Attorney Haley Carmer, Police Chief Greg Daly, Town Engineer Justin Hildreth, Finance Director Scott Wright, Executive Assistant to the Town Manager Ineke de Jong, and Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:49 Part One Councilor Underwood pulled off item 7.3 I-70 Coalition Update written report. Mayor Smith Hymes moved it to agenda item 5.7. Mayor Smith Hymes mentioned Public Works Gary Padilla and Michael Trujillo will not be present tonight for the Proclamation for Michael Trujillo; However, she wants to keep this agenda item as presented. Councilor Underwood moved to approve the agenda as amended. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 5 to 0. Councilor Wolf and Councilor Fancher were absent. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:00:35 Part One No conflicts of interest were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:03:40 Part One Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email for public comments. Michael Cacioppo commented on the recall petitions for Mayor Smith Hymes, Mayor Pro Tem Phillips, and Councilor Underwood. He mentioned signatures are accepted at the Mein Haus Bed & Breakfast in Avon. He encouraged interested people in signing to please call 970-949-4287 to make an appointment. Members of the recall committee have 6 to 9 reasons to get the recall election moving forward. 479 signatures are needed to put this item in the ballot. Susan Gruber, anAvon resident for 23 years, commented on the recall campaign. She said the recall election is a bullying tactic and a waste of taxpayers’ funds and Council and staff time and energy during the pandemic. Ms. Gruber mentioned if petitioners are not satisfied with Council’s policy decisions, they are reminded that elections are coming soon, or they can run for Council themselves. She objects to this wasteful petition. Marty Golembiewski introduced himself and announced he is one of the Candidates running for Avon Town Council in the upcoming elections. AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 8, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE Mayor Smith Hymes read a public comment letter from Councilor Fancher, absent tonight, regarding recall elections. Councilor Fancher mentioned on her letter how the Real Estate Transfer Tax (RETT) was approved unanimously, however, the recall is only for the female Councilors and not for male Councilors who voted the same way. She expressed this is sending a dangerous message to our community who will want to serve on Council and how their decisions might be weighted not in the best interest of the Town but by whether someone will recall them. Video Start Time: 00:15:21 Part One Tom Ruemmler raised his hand after item 5.1, Mayor Smith Hymes allowed him to make a public comment. He said that this is not a sexist recall and said that the four females voted in favor to move the Hahnewald Barn knowing that the majority of the citizens were against the barn issue. He also mentioned the Real Estate Transfer Tax (RETT) is very harmful for our local economy. 5. BUSINESS ITEMS 5.1. Proclamation honoring Michael Trujillo (Public Works Director Gary Padilla) Video Start Time: 00:12:27 Part One Mayor Smith Hymes read the proclamation to honor Michael Trujillo for his nearly 33 years of service for the Town of Avon. 5.2. Public Hearing: Second Reading of Ordinance 20-13: Amending the Avon Home Charter to Permit Individual Council Members to Reduce or Decline Compensation (Town Attorney Paul Wisor) Video Start Time: 00:18:55 Part One Haley Carmer, stand-in Attorney for Town Attorney Paul Wisor, explained nothing has changed since first reading. There were no Council questions. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Underwood moved to approve on Second Reading Ordinance 20-13 referring a proposed amendment to the Avon Home Rule Charter regarding compensation of members of Town Council to an election of the registered electors of the Town of Avon on November 3, 2020. Councilor Prince seconded the motion and the motion passed with a vote of 5 to 0. Councilor Fancher and Councilor Wolf were absent. 5.3. Public Hearing: Second Reading of Ordinance 20-12: Code Updates to the Town’s Liquor Code (Town Attorney Paul Wisor) Video Start Time: 00:21:08 Part One Haley Carmer, stand-in Attorney for Town Attorney Paul Wisor, explained the technicalities behind this code amendment and said this Ordinance makes minor technical changes to the Avon Municipal Code to reflect recodification of the beer, liquor and special event provisions in state statute. No Council comments were made. Mayor Smith Hymes called for public comments and no public comments were made. AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 8, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE Councilor Prince moved to approve on Second Reading Ordinance 20-12 reflecting changes to references to recodified state provisions addressing Colorado’s beer, liquor, and special event rules. Councilor Underwood seconded the motion the motion passed with a vote of 5 to 0. Councilor Fancher and Councilor Wolf were absent. 5.4. Work Session: Broadband Survey and Analysis (Town Manager Eric Heil) Video Start Time: 00:23:15 Part One Town Manager Eric Heil presented a summary of the analysis of the broadband survey project for awareness of Council and the public. He then went through the phases, tasks, timeframes, and expectations of the HR Green Scope Services. IT Manager Robert McKenner joined the meeting at 5:37 p.m. and answered questions from Council. Councilor Underwood asked to add Vail Health and Doctors on Call under medical offices and major commercial properties owners like the Hoffman Group andTraer Creek under major retailers for the Anchor Institutions interviews. Mayor Smith Hymes called for public comments and Michael Cacioppo commented that he is opposed to the taxpayers paying for this survey work. He said it is a waste of money and he does not support it. He mentioned there is competition already and he called this another reason for a recall election. Scott Posvar, who works for ABSI Telecom and an Avon Resident for 20 years, commented that a lot of money is being collected for internet already and he has an option to offer fast reliable internet more economically. GPON is a product that would be one fiberoptic cable that would connect to over 1000 people's homes so we could do the whole community relatively inexpensively with 10 cables or so. He said that these projects are highly profitable and there are lots of people who want to invest in the infrastructure, and it would not cost the Town any money. Councilor Wolf joined the meeting at 5:53 p.m. 5.5. Work Session: Wildridge Survey Results (Planning Director Matt Pielsticker) Video Start Time: 00:53:39 Part One Town Manager Eric Heil introduced the topic and explained the survey was a success in terms of response rate and doing it in-house with a local consultant (Intercept Insights) to keep down the costs to the Town. Planning Director Matt Pielsticker explained there were lots of responses and some topics would require their own agenda topic in a separate Council meeting. He explained the survey process and timeline and took Council through the results (graphs) included in the Council packet. Short-Term Rentals. Mayor Smith Hymes called for public comments and Tom Ruemmler commented. He wondered about a ruling on STR and amending a prohibition. Thumbs up from Council on staff recommendation: No action. Continue to monitor online postings and enforce short term rental prohibition. Accessory Dwelling Units. Mayor Smith Hymes called for public comments and no public comments were made. Thumbs up from Council on staff recommendation: No action. AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 8, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE Designation Open Space to Community Housing. Mayor Smith Hymes called for public comments and no public comments were made. Thumbs up from Council on staff recommendation: Amend the Town Owned Properties Plan and the Housing Plan to remove Wildwood Housing. Continue exploring feasibility and constructability on other Town owned properties including Swift Gulch and East Avon Annexation properties. Wildridge Fire House. Councilor Thuon came up with the idea of potentially having post office mailboxes on the first floor. Mayor Smith Hymes called for public comments and no public comments were made. Thumbs up from Council on staff recommendation: Council discussion and further direction. Initial cost estimates for converting the 1,600 square feet to new housing units are exceptionally high. Staff plans to study usage of other similarly situated community spaces to gauge usage and operational information. Then additional outreach to the community can proceed with a report back to Council. Road 779. There was extensive Council discussion. Council agreed immediate signage at the bottom of the road and more outreach to both the community and the forest service are needed. At this time Council agreed to not investor move the gate but to study more about access and discuss it in another meeting. Mayor Smith Hymes called for public comments and Tom Ruemmler commented about road behavior. He said Council shouldnot be making new laws but should enforce the current ones. Mayor Smith Hymes suggested scheduling a community meeting on 779 alone. Scott Posvar asked if the Forest Service's goal was to have more people enjoy the area. Mayor Smith Hymes said we can ask the Forest Service and address that during a meeting to discuss 779 with them present. June Creek Egress Exit. Mayor Smith Hymes called for public comments and no public comments were made. Council agreed with the staff recommendation: Mobilize stakeholders and kickoff discussion with Eagle County and Singletree communities. Concept of Ride-hailing Service. Council agreed ridership numbers are too low and discussed if the loop could potentially also include Nottingham Road and Wildwood. Mayor Smith Hymes called for public comments and Scott Posvar commented that children would be ideal bus riders and enjoy ridership but there would not be many of them. Mayor Pro Tem Phillips suggested a transit study to look at density and whether bus services make sense. Staff will forward past study results to Council and talk to Mobility Director Eva Wilson. Tom Ruemmler commented that as a transit user it is about convenience and how many times an hour it picks up. Unless it is frequent, people won't use it. Wildfire Mitigation. Mayor Smith Hymes called for public comments and Tom Ruemmler commented. He asked who is responsible for mitigation and said it could have been done inexpensively in other ways. Council asked staff to look into this and agreed with the staff recommendation: Continue to budget for wildfire mitigation and develop a policy that incentives the removal of fuel sources on private properties that abut public land. Staff is proposing additional funding in the Capital Improvements Plan. Traffic Safety. There was lengthy Council discussion on this topic. Mayor Smith Hymes called for public comments.Michael Cacioppo commented that cameras will create legal issues if there is not police presence and it can be problematic to get a conviction. Peter Warren commented to say thank you to AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 8, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE Council and staff for doing this survey. He said safety is a major concern in Wildridge. Traffic violations are a concern and it seems appropriate to do something to try to get people to oblige. Police presence may not be very cost prohibitive. Tom Ruemmler commented. He wonders if the Town did a study of speed up and down Metcalf Road "canyon". He said that area could be safe for 35 or 45mph as no kids live near to that street. Scott Posvar suggested one police officer being visible will go a long way. Councilor Wolf left the meeting at 7:48 p.m. He rejoined at 7:59 p.m. Info Sharing. Mayor Smith Hymes called for public comments and Tom Ruemmler commented to be careful where to place the sign. Council is divided on signage. Mayor Pro Tem Phillips wanted to reiterate this was a success and the intention to do surveys for different communities. 5.6. Work Session: 2021 Capital Improvements Plan (Town Manager Eric Heil, Assistant Town Manager Scott Wright, Town Engineer Justin Hildreth) Video Start Time: 00:01:29 Part Two Town Manager Eric Heil explained this is the first of two work sessions on 2021 CIP and provided a brief summary. Councilor Thuon thanked Town Manager Eric Heil, Finance Director Scott Wright, and Town Engineer Justin Hildreth for putting this together. Council had questions about bus stops for the Piedmont Apartments and why the apartment builder/developer is not responsible to fund this. Town Manager Eric Heil will contact the apartment owners to work on funding for bus shelters. Council would like to prioritize restrooms in the park. The CIP discussion will resume next Council meeting on September 22nd. 5.7. Added Item: I-70 Coalition Update (Mobility Director Eva Wilson) Video Start Time: 00:45:20 Part Two CDOT will contribute 70 million dollars to improvements on Vail Pass. This will benefit the wildlife, the economy, the climate and protect the watershed. It was identified as a priority by the Federal Government. Mobility Director Eva Wilson explained the project is in the design phase and construction is planned to start in 2022. Michael Cacioppo raised his hand to make a public comment. He said that President Trump did not get credit for this project, but he was behind it and does deserve the credit. 6. MINUTES 6.1. Approval of Minutes for August 11, 2020 Council Meeting (Town Clerk Brenda Torres) Video Start Time: 00:52:20 Part Two Councilor Underwood moved to approve the minutes from August 11, 2020 regular Council meeting. Councilor Prince seconded the motion and the motion passed with a vote of 5 to 1. Councilor Wolf voted no. Councilor Fancher was absent. 6.2. Approval of Minutes for August 25, 2020 Council Meeting (Town Clerk Brenda Torres) Video Start Time: 00:53:21 Part Two Councilor Underwood moved to approve the minutes from August 25, 2020 regular Council meeting. Mayor Pro Tem Phillips seconded the motion and the passed with a vote of 5 to 1. Councilor Wolf voted no. Councilor Fancher was absent. AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 8, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 7. WRITTEN REPORTS 7.1. September 1st Planning and Zoning Commission Meeting Abstract (Planner David McWilliams) 7.2. Update on West Avon Preserve Trails (Planning Director Matt Pielsticker) 7.3. I-70 Coalition Update (Mobility Director Eva Wilson) 7.4. ¡Mi Casa Avon! Program Update (Executive Assistant Ineke de Jong) 6. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 00:54:38 Part Two Councilor Thuon mentioned that his wife witnessed an accident with a woman falling from the boat dock at Nottingham Lake getting caught and hanging upside down on a boat cleat. He suggested to look into a swimming friendly dock with a ladder in a future budget. He also suggested a little pocket beach by the rocks. Councilor Wolf expressed he spoke with Joey of Stand-Up Paddle and he suggested that giving Joey a 5- minute slot to update Council during a future Council meeting would be a good idea. At that time Council can also hear his idea for a snack bar. Town Manager Eric Heil suggested to invite/include Joey during the October 6th Council meeting during the discussion on beach improvements. Councilor Wolf said he agrees with Councilor Thuon's comments about making the dock area safer and would like to include the consideration of people with disabilities and mobility impairments to get into the lake with their mobil e apparatus and potentially putting a little beach area. 7. ADJOURN There being no further business before Council, Mayor Sm ith Hymes moved to adjourn the regular meeting. The time was 9:01 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: Brenda Torres, Town Clerk APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Jake Wolf Chico Thuon Jennie Fancher Scott Prince Tamra Underwood M E M O R A N D U M TO: Board of Directors FROM: Catherine Hayes, Board Secretary DATE: Sept. 16, 2020 RE: Summary of Authority’s August 27, 2020, virtual Board Meeting The following is a summary of items discussed at the August 27, 2020, Authority Board Meeting with the Eagle River Water & Sanitation District: Board members present and acting on the Authority’s behalf included: Chair George Gregory, Secretary Kim Bell Williams, Treasurer Geoff Dreyer, Pam Elsner, Sarah Smith Hymes, Mick Woodworth. Bond Parameters Resolution The board unanimously approved a bond parameters resolution, which set forth the terms by which the 2020 water revenue improvement bonds would be issued, as well as the refunding of a previous bond. This allows the General Manager or the Finance Manager to approve the pricing and sale of the bonds subject to certain maximum parameters. This gives the Board the flexibility to adopt a resolution in advance and sell the bonds in the market at the most opportune time. Extension of Late Fee Waiver Shane Swartwout discussed the request to extend the District’s waiver for customer late fees to coincide with the Colorado Executive Order on such matters. The board unanimously approved the extension, the timing of which will continue to align with that of the state of Colorado. Low Streamflow Operations Dr. Len Wright presented information regarding current streamflows in Gore Creek and the Eagle River. He and Brad Zachman discussed how water operations shifted to divert from the Eagle River at the lowest possible point, leaving more water upstream for aquatic life purposes. Backflow 101 Brad Zachman and Evette Smits presented information on the Authority and District backflow program, including requirements, compliance matters, and the incident command structure staff is using to address the compliance issues. Staff is working diligently but may not reach full compliance by year end. CIP Projects Update Melissa Marts and Mark Mantua briefly updated on the Avon Wastewater Treatment Facility Nutrient Upgrade Project and Edwards Spur Road project, respectively. The NUP is slightly behind schedule due to materials and subcontractor delays related to the Grizzly Creek fire, which shut down I-70 between Glenwood Springs and Dotsero for a week in mid-August. The pipe replacement needed for the Edwards Spur Road project will commence soon at CDOT’s cost, since the material was changed from the original plans and the installation for the new material pipe was improperly completed. FISCAL YEAR 2020 FINANCIAL REPORT September 22nd, 2020 ______________________________________________________________________________________ 1.Financial Report Cover Memo 2.Sales and Accommodations Tax Reports – July 3.Accommodations Tax Report – July 4.Tobacco Tax & Cigarette Tax – July 5.Real Estate Transfer Tax Report and Monthly Detail – July 6.Recreation Center Admissions – July 7.Recreation Center Program Fees - June 8.General Fund Year-To-Date Expenditures - July 9.Fleet Maintenance Fund Year-To Date Expenditures - July 10.Mobility Fund Year-To Date Expenditures - July To: Honorable Mayor Sarah Smith Hymes, Avon Town Council From: Joel McCracken, Senior Accountant Date: September 22nd, 2020 Agenda Topic: Fiscal Year 2020 Financial Report – July Data Revenues SALES TAX Sales tax revenue for the month of July totaled $700,496.72, a 7.30% decrease from the previous year and a 15.62% positive variance over the cumulative monthly amended budgets, which is based on the average of the relative monthly percentages of taxes collected over a 5‐year period. The slight decrease in sales tax is directly correlated with two amended returns for contractor related services which were filed incorrectly with the Town of Avon for work performed at the Village at Avon (Traer Creek Metro Dist.). Monthly sales tax collections by industry compared to one year ago have increased $13,614.00 for Home/Garden, $8,103.65 for Grocery‐Specialty‐Health, $15,705.01 for Sporting Goods Retail‐Rental, $1,840.19 for Miscellaneous Retail, $4,548.06 for Restaurants/Bars, $24,244.75 for Liquor Stores, $3,299.33 for E‐Commence Retail, $4,326.51 for Manufacturing/Wholesale, and $1,197.44 for Digital Medial Suppliers and Sellers. Monthly sales tax collections have decreased by $26,934.17 for Accommodations, $1,829.67 for Other, $5,386.30 for Service Related, $92,853.361 for Construction Related Services, $179.29 for Commercial and industrial Equipment Rental and Leasing, and $976.28 for Special Events. 1 Amended returns and refunds relating to previous periods but occurred in the July reporting period totaled $91,682.71. Taking this into consideration, Construction Related Services would only have decreased by $1,170.65 compared to 2019. (100,000.00) (50,000.00) ‐ 50,000.00 100,000.00 150,000.00 200,000.00 250,000.00 Sales Tax Comparison by Industry Jul‐19 Jul‐20 2 Year‐to‐date sales tax revenues through July have decreased 5.46% over the previous year, which is $277,731.55 under the previous year, $296,652.92 under the original budget estimates, and $619,705.87 over the amended budget estimates. Amended Budgeted Revenue Comparison With the adoption of Resolution 20‐14, the Town put forward an amendment to reduce the budget for estimated revenues of sales tax, accommodation tax, and recreation center fees due to COVID‐19 and the impact to local businesses. The amended budgeted revenues for 2020 decreased to $7,276,101 for sales tax, $825,579 for accommodations tax, 703,772 for recreation admissions, and $271,565 for all recreation program fees. The COVID19 impact on local businesses was less severe than the Town’s conservative estimates which has resulted in positive variances. Year‐to‐date sales tax revenues through July show a positive variance of 14.79% over the cumulative monthly budgets, and accommodation tax revenues through July show a positive variance of 34.57% over the cumulative monthly budgets, which is based on average of the relative monthly percentages of taxes collected over a 5‐year period. However, year‐to‐date recreation admissions and program fee revenues through July show a negative variance of 54.51% and 9.28%, respectively, which is based on average of the relative monthly percentages of taxes collected over a 5‐year period. ‐ 750,000.00 1,500,000.00 2,250,000.00 3,000,000.00 3,750,000.00 4,500,000.00 5,250,000.00 Sales Tax Accommodation Tax Recreation Admissions Recreation Program Fees Amended Budget v Actual Revenues YTD Comparison Amended Budget (YTD)Actual Revenues (YTD) 3 New and Renewed Business, Contractor & Sales Tax Licenses Issued in July Business License ‐ Fixed Location 24 Business License ‐ Home Occupation 6 Business License ‐ Peddler / Solicitor 1 Business License ‐ Short Term Accommodation 11 Business License ‐ Vendor 38 Contractor License 26 Sales Tax License 23 Grand Total 129 ACCOMMODATIONS TAX Accommodations tax revenue for month of July totaled $112,238.30, a 14.74% decrease from the previous year and an 58.47% positive variance from the cumulative monthly amended budgets, which is based on the average of the relative monthly percentages of taxes collected over a 5‐year period. Monthly accommodation tax collections for July have increased for vacation rentals by $536.09 compared to the previous year. Monthly accommodations tax collections decreased $8,076.31 for time shares and $11,866.98 for hotels compared to the previous year. Year‐to‐date accommodations tax revenues through July have decreased 24.36% over the previous year, which is $231,751.85 under the previous year, $241,790.641 under the original budget estimates, and 184,808.84 over the amended budget estimates. ‐ 10,000.00 20,000.00 30,000.00 40,000.00 50,000.00 60,000.00 70,000.00 80,000.00 90,000.00 Time Shares Hotels Vacation Rentals Accommodation Tax by Type Jul‐19 Jul‐20 4 TOBACCO TAX and CIGARETTE TAX Tobacco Tax (40% rate) revenue for the month of July totaled $23,534.44 a 76.70% increase from the previous year. Year‐to‐date tobacco tax revenues through July have increased 31.97% over the previous year, which results in a positive variance of 13.44% compared to the original budget estimates. Cigarette Tax revenue for month of July totaled $28,215.21, an increase of 50.94% from the previous year as the number of packs sold has increased 3,174.00. Year‐to‐date cigarette tax revenues through July have increased 11.73% under the previous year and show a negative variance of 5.24% under the original budget estimates. ‐ 5,000.00 10,000.00 15,000.00 20,000.00 25,000.00 30,000.00 Tobacco Tax 40% Rate Cigarette Tax Per Pack Fee Tobacco Tax Interest Tobacco Tax Penalty Number of Packs Sold* Tobacco Tax Revenues 2019 v 2020 July Jul‐19 Jul‐20 5 REAL ESTATE TRANSFER TAX Real estate transfer tax collections for the month of July totaled $234,702.16, an increase of 170.53% from the previous year and a positive variance of 32.12% over the cumulative monthly budgets, which is based on average of the relative monthly percentages of taxes collected over a 5‐year period. Year‐to‐date real estate transfer tax revenues through July have increased 6.17% over the previous year, which is $90,448.41 over the previous year and $347,167.47 over the original budget estimates. Real Estate Transfer Tax (RETT) Transactions July RETT Transactions which paid 2% tax 20 RETT Exemptions for Primary Residence 3 RETT Exemptions for Full Exemption 11 Deed Restricted & Tax Exempt 0 Grand Total 34 $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 2016 2017 2018 2019 2020 Year Real Estate Transfer Tax for July 6 RECREATION CENTER ADMISSIONS July admission fees totaled $24,117.96 a 72.76% decrease from the previous year. This is a 67.30% negative variance compared to the monthly original budget and a 57.49% negative variance compared to the monthly amended budget which is based on average of the relative monthly percentages of taxes collected over a 5‐year period. Year‐to‐date recreation center admission revenues through July have decreased 54.51% over the previous year, which is $267,350.79 under the previous year, $262,294.74 under the original budget estimates, and $150,240.46 under the amended budget estimates. RECREATION CENTER PROGRAM FEES July program fees totaled $42,860.51 which is a 1.71% decrease from the previous year. This is a 1.58% negative variance compared to the monthly original budget and 38.63% positive variance compared to the monthly amended budget which is based on average of the relative monthly percentages of taxes collected over a 5‐year period. $- $20,000 $40,000 $60,000 $80,000 $100,000 2016 2017 2018 2019 2020 Recreation Center Program Fees July 2020 7 Year‐to‐date recreation program fee revenues through July have decreased 9.28% over the previous year, which is $59,725.55 under the previous year, $63,756.85 under the original budget estimates, and $406.74 over the amended budget estimates. Expenditures General Fund expenditures through July 2020 total 54.31% of the total adopted budget. These expenditures include insurance premiums, computer services, events, community grants, equipment replacement, contract services, janitorial and legal services. Fleet expenditures through July 2020 total 49.18% of the total budget. These costs include expenditures of stock parts, fleet maintenance, debt service interest, and insurance premiums. Mobility funds expenditures through July 2020 total 23.86% of the total budget. These expenditures include costs of diesel, fleet maintenance, equipment replacement, capital lease payments, and insurance premiums. $38,000 $40,000 $42,000 $44,000 $46,000 $48,000 $50,000 $52,000 2016 2017 2018 2019 2020 Recreation Center Program Fees July 2020 TOWN OF AVONSALES TAX 2020 Actual vs. Budget Budget YTD Collections Budget % of change % change 2015 2016 2017 2018 2019 2020 2020 Variance from 2019 from BudgetJanuary 765,195.68$ 743,689.78$ 792,562.03$ 825,816.08$ 819,179.33$ 697,935.02 841,459.85$ 143,524.83$ 2.72% 20.56%February 788,999.06 774,754.00 798,923.33 785,412.03 809,165.90 699,847.03 820,617.44 120,770.41$ 1.42% 17.26%March 875,499.53 945,795.71 918,657.55 1,014,399.70 1,130,669.61 863,924.31 872,489.74 8,565.43$ -22.83% 0.99%April 403,560.42 438,198.18 425,727.85 394,986.15 424,685.32 369,117.36 349,051.52 (20,065.84)$ -17.81% -5.44%May 353,840.11 404,872.55 394,689.30 418,628.58 422,685.32 352,768.83 424,081.54 71,312.71$ 0.33% 20.22%June 570,424.51 693,675.00 650,794.65 757,498.52 725,840.03 600,983.13 801,965.52 200,982.39 10.49% 33.44%July 601,516.82 690,342.23 682,024.81 696,374.00 755,668.37 605,880.77 700,496.72 94,615.95 -7.30% 15.62%August 572,647.57 593,398.26 618,515.44 639,569.12 670,351.82 547,264.35 September 595,235.68 667,949.51 690,883.92 680,720.64 841,688.74 614,821.03 October 423,701.53 451,303.71 458,645.68 490,977.90 445,742.30 401,518.92 November 438,315.55 445,336.04 435,975.05 456,409.92 514,924.82 405,160.35 December 1,159,160.45 1,247,832.82 1,183,666.21 1,264,626.23 1,460,062.64 1,116,879.90 Total 7,548,096.91$ 8,097,147.79$ 8,051,065.82$ 8,425,418.87$ 9,020,664.20$ 7,276,101$ 4,810,162.33$ 619,705.87$ -5.46% 14.79% Actual Collections$0$100,000$200,000$300,000$400,000$500,000$600,000$700,000$800,000$900,0002016 2017 2018 2019 2020YearSales Tax Collections for July 2020 TOWN OF AVONACCOMMODATIONS TAX 2020 Actual vs. Budget Budget YTD Collections Budget % change % change 2015 2016 2017 2018 2019 2020 2020 Variance 2019 to budgetJanuary 164,361.04$ 168,424.63$ 190,207.82$ 181,588.99$ 197,879.22$ 113,272$ 188,669.38$ 75,397.67$ -4.65% 66.56%February 175,056.31 185,370.53 194,804.88 186,147.24 203,190.38 118,557 217,069.65 98,512.84 6.83% 83.09%March 183,650.29 217,387.54 201,008.55 206,783.36 246,969.61 132,518 128,344.90 (4,172.85) -48.03% -3.15%April 34,825.13 60,916.55 38,340.02 33,275.27 31,824.90 25,000 8,630.96 (16,369.18) -72.88% -65.48%May 28,002.56 37,357.48 39,961.98 42,618.10 47,259.21 24,500 13,289.59 (11,210.69) -71.88% -45.76%June 53,397.46 73,591.08 83,723.31 94,803.78 92,411.81 49,946 51,186.00 1,240.48 -44.61% 2.48%July 86,301.22 107,595.18 119,300.76 119,458.02 131,645.50 70,828 112,238.30 41,410.58 -14.74% 58.47%August 75,107.71 87,674.05 100,628.23 98,193.15 110,203.30 59,218 - September 60,417.74 68,139.11 81,837.60 85,257.82 89,362.90 48,325 - October 38,706.72 45,738.23 48,223.10 53,236.86 45,781.00 29,080 - November 34,328.47 37,570.50 46,397.08 47,934.88 70,385.29 29,699 - December 198,421.26 200,114.56 189,505.28 185,008.67 219,964.12 124,637 - Total 1,132,575.91$ 1,289,879.44$ 1,333,938.61$ 1,334,306.14$ 1,486,877.24$ 825,579.00$ 719,428.78$ 184,808.84$ -24.36% 34.57%0.88 0.97 1.00 0.90 1.80 Actual Collections $- $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 $140,0002016 2017 2018 2019 2020Accommodations Tax Collections for July 2020 TOWN OF AVONTobacco Tax Revenue 2020 Actual vs. BudgetBudget YTD Collections $ Change % of Change % change 2016 2017 2018 2019 2020 2020 2019 2019 to budgetJanuary - - - - 5,487.00$ 6,383.22$ 12,926.46$ 7,439.46$ 135.58% 102.51%February - - - - 21,144.74 24,598.42 12,212.75 (8,931.99)$ -42.24% -50.35%March - - - - 7,894.94 9,184.46 12,613.44 4,718.50$ 59.77% 37.33%April - - - - 15,416.30 17,934.33 12,340.11 (3,076.19)$ -19.95% -31.19%May - - - - 4,832.53 5,621.85 14,952.14 10,119.61 209.41% 165.96%June - - - - 11,088.32 12,899.43 15,920.80 4,832.48 43.58% 23.42%July - - - - 13,318.93 15,494.38 23,534.44 10,215.51 76.70% 51.89%August - - - - 15,381.23 17,893.53 September - - - - 12,646.85 14,712.53 October - - - - 8,458.60 9,840.19 November - - - - 9,306.56 10,826.65 December - - - - 12,559.58 14,611.00 Total -$ -$ -$ -$ 137,535.58$ 160,000.00 104,500.14$ 25,317.38$ 31.97%13.44%Budget 160,000.00 Variance, Favorable (Unfavorable) (55,499.86)$ Actual Collections$0$5,000$10,000$15,000$20,000$25,0002016 2017 2018 2019 2020Tobacco Tax Revenue for July by Year TOWN OF AVONCIGARETTE TAX REVENUE 2020 Actual vs. BudgetBudget YTD Collections $ Change % of Change % change 2015 2016 2017 2018 2019 2020 2020 2019 2019 to budgetJanuary - - - - 6,649.98$ 7,840.81$ 17,252.91$ 10,602.93$ 159.44% 120.04%February - - - - 23,741.64 27,993.12 17,376.30 (6,365.34)$ -26.81% -37.93%March - - - - 23,073.42 27,205.24 16,659.00 (6,414.42)$ -27.80% -38.77%April - - - - 18,392.25 21,685.80 16,188.00 (2,204.25)$ -11.98% -25.35%May - - - - 28,462.95 33,559.89 23,781.00 (4,681.95)$ -16.45% -29.14%June - - - - 10,050.45 11,850.21 24,732.00 14,681.55$ 146.08% 108.71%July - - - - 18,693.15 22,040.58 28,215.21 9,522.06$ 50.94% 28.01%August - - - - 6,141.15 7,240.86 - September - - - - 15,846.00 18,683.59 - October - - - - 15,297.00 18,036.27 - November - - - - 8,322.00 9,812.24 - December - - - - 16,157.94 19,051.39 - Total -$ -$ -$ -$ 190,827.93$ 225,000$ 144,204.42$ 15,140.58$ 11.73%-5.24%Budget 225,000.00 Variance, Favorable (Unfavorable) (80,795.58)$ Actual Collections$0$5,000$10,000$15,000$20,000$25,000$30,0002016 2017 2018 2019 2020Cigarette Tax Revenue for July 2020 by Year TOWN OF AVONREAL ESTATE TRANSFER TAX 2020 Actual vs. BudgetBudget YTD Collections $ Change % of Change % change 2015 2016 2017 2018 2019 2020 2020 2019 2019 to budgetJanuary 48,640.40$ 64,422.00$ 107,390.00$ 264,063.20$ 72,520.00$ 80,110.48$ 179,460.00$ 106,940.00$ 147.46% 124.02%February 85,479.08 200,850.86 270,815.26 269,578.51 298,730.16 161,857.96 567,486.49 268,756.33$ 89.97% 250.61%March 168,744.22 265,061.65 254,737.53 344,556.74 180,819.76 174,580.77 113,350.00 (67,469.76)$ -37.31% -35.07%April 125,266.30 159,046.06 249,938.93 122,312.21 312,899.53 139,424.03 140,134.66 (172,764.87)$ -55.21% 0.51%May 237,971.08 184,987.10 377,490.82 351,236.93 278,241.63 205,646.07 100,256.56 (177,985.07) -63.97% -51.25%June 294,434.84 307,127.24 703,419.85 343,140.71 237,143.93 271,130.98 222,169.29 (14,974.64) -6.31% -18.06%July 396,838.68 259,977.94 219,208.74 272,420.41 86,755.74 177,641.40 234,702.16 147,946.42 170.53% 32.12%August 152,380.93 186,483.40 592,467.49 343,249.80 400,027.60 240,835.14 September 291,223.61 321,957.68 423,013.80 311,022.50 604,158.92 280,638.63 October 172,855.22 641,688.59 497,642.58 330,671.24 359,782.63 288,011.16 November 169,328.38 315,109.37 425,402.80 211,818.76 570,245.09 243,322.46 December 225,862.90 588,514.66 227,918.50 196,105.45 1,597,177.98 407,800.92 Total 2,369,025.64$ 3,495,226.55$ 4,349,446.30$ 3,360,176.46$ 4,998,502.97$ 2,671,000$ 1,557,559.16$ 90,448.41$ 6.17%28.68%Budget 2,671,000.00 Variance, Favorable (Unfavorable) (1,113,440.84)$ Actual Collections$0$50,000$100,000$150,000$200,000$250,000$300,0002016 2017 2018 2019 2020YearReal Estate Transfer Tax for July TOWN OF AVONRECREATION CENTER ADMISSION FEES 2020 Actual vs. Budget Budget YTD Collections Budget % of change % change 2015 2016 2017 2018 2019 2020 2020 Variance from 2019 from BudgetJanuary 62,607.00$ 64,723.00$ 74,674.00$ 88,582.09$ 72,981.86$ 58,145.97$ 79,231.98$ 21,086.01$ 8.56% 36.26%February 63,838.00 68,506.00 86,342.00 75,952.60 64,868.20 57,496.47 70,588.43 13,091.96$ 8.82% 22.77%March 77,902.00 81,664.00 76,023.00 79,071.20 78,824.90 62,930.67 34,641.33 (28,289.34)$ -56.05% -44.95%April 61,760.00 55,452.00 67,398.00 61,817.56 53,085.20 47,901.53 1,436.70 (46,464.83)$ -97.29% -97.00%May 43,119.00 50,067.40 54,337.00 50,252.60 63,563.00 41,796.34 713.50 (41,082.84) -98.88% -98.29%June 55,052.00 58,430.50 58,044.00 62,135.02 68,601.20 48,341.33 12,372.10 (35,969.23) -81.97% -74.41%July 61,472.00 66,399.80 65,873.60 72,441.40 88,528.43 56,730.14 24,117.96 (32,612.18) -72.76% -57.49%August 63,233.00 66,388.60 76,558.30 73,573.10 70,491.40 56,015.12 September 36,846.00 44,719.00 49,017.70 49,315.70 55,598.60 37,663.39 October 75,818.00 61,167.00 51,833.00 59,692.77 58,055.60 49,029.62 November 29,570.00 71,384.00 72,114.00 126,981.80 51,281.50 56,188.95 December 77,672.00 112,201.00 169,092.78 186,927.10 276,537.00 131,532.46 Total 708,889.00$ 801,102.30$ 901,307.38$ 986,742.94$ 1,002,416.89$ 703,772$ 223,102.00$ (150,240.46)$ -54.51% -40.24%.Actual Collections $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,000 $100,0002016 2017 2018 2019 2020Recreation Center Program Fees July 2020 TOWN OF AVONRECREATION CENTER PROGRAM FEES 2020 Actual vs. Budget Budget YTD Collections Budget % of change % change 2015 2016 2017 2018 2019 2020 2020 Variance from 2019 from BudgetJanuary 23,252.13$ 17,133.04$ 28,815.64$ 32,368.50$ 26,095.68$ 18,405.68$ 27,872.08$ 9,466.40$ 6.81% 51.43%February 20,734.70 22,435.59 28,915.58 35,279.57 23,197.74 18,823.52 25,526.28 6,702.76 10.04% 35.61%March 15,184.33 19,132.72 29,016.16 28,669.46 27,280.96 17,197.32 14,589.59 (2,607.73) -46.52% -15.16%April 18,360.00 18,538.66 26,397.13 45,827.30 31,132.63 20,220.91 2,152.78 (18,068.13) -93.09% -89.35%May 22,175.69 39,447.85 44,605.22 37,300.42 31,335.76 25,210.58 7,748.60 (17,461.98) -75.27% -69.26%June 31,443.66 33,369.05 45,885.37 37,231.17 34,568.93 26,311.07 36,744.13 10,433.06 6.29% 39.65%July 29,162.29 44,969.88 46,745.40 49,968.33 43,607.82 30,918.16 42,860.51 11,942.35 -1.71% 38.63%August 31,055.94 46,025.52 52,318.40 64,320.46 49,982.60 35,135.06 September 18,209.25 36,240.11 30,853.05 41,463.74 34,704.93 23,279.56 October 20,380.77 22,068.60 26,881.06 26,782.63 22,588.68 17,113.43 November 20,095.40 30,866.78 25,906.72 24,952.65 20,749.47 17,671.27 December 21,918.03 30,294.89 37,309.30 26,328.09 31,740.68 21,278.44 Total 271,972$ 360,523$ 423,649$ 450,492$ 376,986$ 271,565$ 157,493.97$ 406.74$ -9.28% 24.83% Actual Collections $38,000 $40,000 $42,000 $44,000 $46,000 $48,000 $50,000 $52,0002016 2017 2018 2019 2020Recreation Center Program Fees July 2020 Dept./Div.2020 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget General Government: 111 Mayor and Town Council 267,662$ 835$ 167,148$ 99,679$ 62.76% 112 Boards and Commissions 19,649 - 6,912 12,737 35.18% 113 Town Attorney 155,000 93,518 72,353 (10,871) 107.01% 115 Town Clerk 132,860 3,961 69,897 59,002 55.59% 121 Municipal Court 145,994 6,538 74,046 65,410 55.20% 131 Town Manager 416,526 - 223,323 193,203 53.62% 133 Community Relations 209,967 11,140 107,304 91,522 56.41% 134 Economic Development 183,250 11,212 99,712 72,327 60.53% 136 Special Events 517,984 44,261 201,029 272,694 47.35% 137 Community Grants 92,000 - 86,260 5,740 93.76% COVID-19 286,206 9,460 279,642 (2,896) 101.01% Total General Government 2,427,098 180,924 1,387,626 858,548 64.63% Human Resources Department: 132 Human Resources 576,509 28,291 303,882 244,336 57.62% Finance & IT Department: 141 Finance 981,820 34,316 541,679 405,825 58.67% 143 Information Systems 452,604 48,176 252,956 151,472 66.53% 149 Nondepartmental 498,771 141,271 364,935 (7,435) 101.49% Total Finance & IT 1,933,195 223,763 1,159,570 549,862 71.56% Total General Gov't Departments 4,936,802 432,979 2,851,078 1,652,745 66.52% Community Development: 212 Planning 310,293 13,779 165,723 130,790 57.85% 213 Building Inspection 185,515 2 102,477 83,036 55.24% Total Community Development 495,808 13,782 268,201 213,826 56.87% Police Department: 311 Administration 830,189 32,418 466,951 330,820 60.15% 312 Patrol 2,887,652 75,989 1,811,475 1,000,188 65.36% 313 Investigations 319,366 2,092 175,650 141,624 55.65% Total Police 4,037,207 110,499 2,454,076 1,472,632 63.52% Public Works: 412 Engineering 268,254 1,843 149,497 116,915 56.42% 413 Roads and Bridges 2,359,138 117,337 1,361,869 879,931 62.70% 415 Parks 453,975 108,698 100,245 245,033 46.03% 418 Buildings & Facilities 1,212,537 84,726 618,659 509,152 58.01% Total Public Works 4,293,904 312,604 2,230,270 1,751,030 59.22% Recreation Department: 514 Administration 269,711 11,447 152,398 105,866 60.75% 515 Adult Programs 43,082 - 14,877 28,205 34.53% 516 Aquatics 580,842 17,418 273,178 290,246 50.03% 518 Fitness 69,903 - 26,208 43,695 37.49% 519 Guest Services 316,416 4,451 146,210 165,756 47.61% 521 Youth Programs 188,797 994 72,991 114,813 39.19% 523 Community Swim Program 159,636 565 65,024 94,047 41.09% Total Recreation 1,628,387 34,874 750,886 842,627 48.25% Contingency - - Operating Transfers 2,025,000 - - 2,025,000 0.00% - TOTAL OPERATING EXPENDITURES 17,417,108$ 904,737$ 8,554,511$ 7,957,860$ 54.31% Department Expenditure Summaries General Fund July 2020 Expenditures to Date Dept./Div. 2020 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES Public Works: 434 Fleet Maintenance 1,905,281$ 31,439$ 905,635$ 968,208$ 49.18% Total Operating Expenditures 1,905,281 31,439 905,635 968,208 49.18% TOTAL EXPENDITURES 1,905,281$ 31,439$ 905,635$ 968,208$ 49.18% Expenditure Summary Fleet Maintenance Enterprise Fund July 2020 Expenditures to Date Dept./Div.2020 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES 431 Mobility Administration 277,931$ 12,525.42 180,593$ 84,812$ 69.48% 432 Mobility Operations 3,144,688 2,676 598,732 2,543,280 19.12% 436 Wash Bay 179,309 5,316 96,184 77,810 56.61% 437 Mobiltity Programs 379,838 1,000 53,166 325,672 14.26% Total Operating Expenditures 3,981,766 21,517 928,675 3,031,574 23.86% TOTAL EXPENDITURES 3,981,766$ 21,517$ 928,675$ 3,031,574$ 23.86% Expenditure Summary Mobility Enterprise Fund July 2020 Expenditures to Date (970) 748-4061 cbishop@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Charise Bishop RE: Eagle County CWR Meeting Record DATE: September 16, 2020 SUMMARY: The Eagle County Community Wildlife Roundtable gathers a diverse group of stakeholders the fourth Monday of every month to work on an action plan for supporting local wildlife and their habitat. The first meeting was in late February, and since the Roundtable has created several Committees that are focusing on different aspects of the Roundtable’s goals. These Committees include: The Recreation Committee, the Land Use Planning Committee, the Habitat Management Committee, the Education/Outreach and Human/Wildlife Management Committee, and the Funding Committee. The Roundtable’s policy statement on priority and focus states, “The Eagle County Community Wildlife Roundtable focuses on achieving and maintaining healthy populations of terrestrial and avian wildlife species of local concern; protecting from fragmentation and other impacts and enhancing important habitats such as breeding and reproduction areas, movement corridors, seasonal feeding areas, and riparian wetland areas. We also emphasize conservation and coexistence with species involved in human/wildlife conflicts.” The following attachment is the meeting record from the August Roundtable for Council’s review. This is submitted as a written report and no action by Council is requested. Thank you, Charise ATTACHMENTS: Attachment A- MEETING RECORD Eagle County Community Wildlife Roundtable Meeting Monday, August 24, 2020 MEETING RECORD Eagle County Community Wildlife Roundtable Meeting Monday, August 24, 2020 – 1:00-3:30 PM Virtual (Zoom & Phone) Participants: Kristen Bertuglia, Charise Bishop, Hilary Boyd, Devin Duval, Anne Esson, Jessica Foulis, Katherine King, Kim Langmaid, Cinnamon Levi-Flinn, Jacci McKenna, Kathryn Middleton, Maureen Mulcahy, Joe O’Malley, Adam Palmer, Paul Peterson (Guest), Matt Pielsticker, Will Roush, Ernest Seager, Leanne Veldhuis, Matt Yamashita Facilitation: Emily Olsen and Abby Potts, National Forest Foundation Summary of Decisions: ●The Community Wildlife Roundtable approved the July Community Wildlife Roundtable meeting record. Summary of Action Items: ●Paula Peterson/Jen Prusse to work with Roundtable members to present during the Vail Wildlife Forum or “Lunch with Locals” to spread awareness about the trail closures and to recruit additional ambassadors. ●Recreation Committee to discuss the idea of a more comprehensive enforcement approach among agencies (perhaps through an MOU). ●CWR members recommend local realtor organization contacts for a new seat on the CWR. During the September meeting, we will discuss and potentially vote on adding the new seat if appropriate. ●NFF will schedule committee meetings to continue in September and October (including a Funding Committee meeting). ●Full Roundtable will begin reviewing and seeking consensus around committee priorities during the September meeting. ●To assist the Education & Outreach Committee with its calendar, Adam will reach out to CPW to secure a copy of their hunting season schedule. ●To assist the Habitat Management Committee with the mapping project, CWR representatives from towns will be asked to provide relevant GIS and mapping layers (wildlife, recreation, land use/development) so that they will be incorporated comprehensively into the map. ●NFF staff will take the lead in drafting the Action Plan for the Roundtable’s discussion and review. The following individuals offered to assist with writing or editing: ○Adam Palmer, Kim Langmaid, Charise Bishop, Jacci McKenna Summary of Discussions, Agreement, and Disagreement: 1.Welcome, Introductions & Agenda Review 1 Adam Palmer welcomed all Eagle County Community Wildlife Roundtable members on behalf of Eagle County. Agency staff from CPW, the Forest Service, and BLM provided opening remarks and updates. Representatives discussed the Grizzly Creek Fire and other nearby fires, focusing on the local impacts. Another key theme in the updates was the continued impact of recreation and visitation in Eagle County and surrounding areas. BLM reported that they are filling two recreation specialist positions, which will add important capacity. CPW is handling hunting and fishing license refunds in areas where public lands are closed due to wildfire impacts. The NFF’s introduction presentation and other meeting materials are available in the shared Google Drive: https://drive.google.com/drive/folders/1AokruGCUUbx0nQK9j5GpcrjSSI-eiLLA?usp=shar ing. 2.Learn about White River National Forest & Vail Valley Mountain Trail Partnership and Monitoring Findings (Paula Peterson, Jen Prusse, Ernest Saeger) Paula Peterson (White River National Forest) and Ernest Saeger (Vail Valley Mountain Trails Association) shared a presentation about Eagle-Holy Cross Ranger District Seasonal Trail Closures. The presentation, developed in partnership with Jen Prusse (White River National Forest), covered results and implications from the White River National Forest and Vail Valley Mountain Trails Partnership trail ambassador program and related monitoring. The presentation is available to view in the shared Google Drive: https://drive.google.com/drive/folders/1AokruGCUUbx0nQK9j5GpcrjSSI-eiLLA?usp=shar ing. Roundtable members engaged in a productive discussion following the presentation: ●Paula shared that the trail ambassadors are a critical component of the program. The program receives more interest in volunteers looking to complete trail work than they do to fill the trail ambassador roles. Several Roundtable members shared ideas about how to recruit additional trail ambassadors. ●Members suggested that local realtor organizations should be more aware of the wildlife closures and the importance of following the closures. Kim Langmaid suggested that someone from the Board of Realtors in a leadership role could join the CWR or potentially a committee to otherwise support the group’s efforts. ●Roundtable members are also interested in considering a local radio campaign or “letter to the editor” campaign to support wildlife closures. ●Roundtable members also discussed the potential to use apps like Strava and the data that type of app provides to reach more people about the wildlife/trail closures and local regulations. 2 ●CWR members discussed issues related to enforcement. Devin Duval suggested the possibility of developing an MOU to support a more comprehensive management and enforcement approach. Members supported this general idea, discussing how staff for different agencies could cooperate with enforcement more fluidly. The Recreation Committee was suggested as an appropriate forum to discuss this issue in more depth. Action items: ●Paula to work with Roundtable members to present during the Vail Wildlife Forum or “Lunch with Locals” to spread awareness about the trail closures and to recruit additional ambassadors. ●Recreation Committee to discuss the idea of a more comprehensive enforcement approach among agencies (perhaps through an MOU). ●CWR members to recommend local realtor organization contacts for a new seat on the CWR. During the September meeting, we will discuss and potentially vote on adding the new seat if appropriate. 3.Committee Updates Representatives from the Education, Outreach & Human/Wildlife Management, Habitat Management, Land Use Planning, and Recreation committees provided updates about work to date and emerging priorities. Education, Outreach & Human/Wildlife Management Committee: ●The committee is working on a community calendar, as well as a series of local articles. ●Committee would like input from the full Roundtable about important events, milestones, resources, etc. to include in the calendar. ●Suggestions from Roundtable: ○Discovervail.com ○Hikevail.net ○General hunting season schedule/notice Habitat Management Committee: ●The committee is developing a spreadsheet/database about ongoing habitat improvement efforts. Hope to better streamline and coordinate projects so that it's easier for agencies who are spearheading habitat improvement efforts. ●Adam Palmer is coordinating with GIS staff at Eagle County, a fantastic resource, to help spearhead mapping effort. ●The Committee needs GIS layers and mapping resources from towns so that we can be sure and incorporate other resources into the map. Land Use Planning Committee: 3 ●Jessica Foulis reported that the Committee reworked its action plan priority initiatives with the hope that they can align with land use planning efforts such as the County’s comprehensive plan. The Committee would like to be as proactive as possible. ●Committee members met with Steve O’Connor, Senior Planner with Eagle County, to better understand the comprehensive planning process. ●Suggestions for how the CWR could help during the process: ○Identify best practices for County staff ○Highlight other communities that might be potential models (note: Routt County was suggested during the meeting) ●Also discussing the potential for a County-wide community survey about wildlife. The Committee welcomes suggestions and feedback from the Roundtable on this topic. Funding Committee: ●NFF staff will set up a funding committee meeting ASAP. ●The roundtable suggested that the committee could consider the following: ○Think about what other states are doing for local taxes to support wildlife: Put Your Money Where Your Fun Is. ○Look at the RESTORE grant program as a potential funding source: https://www.nfwf.org/programs/rocky-mountain-rangelands/restore-colora do-program/restore-colorado-2021-request-proposals#:~:text=The%20RE STORE%20Colorado%20program%20expects,is%20encouraged%20but %20not%20required. ○Look at the Habitat Partnership Program: Colorado Parks & Wildlife - Habitat Partnership Program (HPP). Hilary Boyd offered to field questions about the program or share a webinar link with anyone who is interested in learning more. ○Roundtable members suggested projects that are still in need of funding - Mid Springs fencing project, Eagle County Safe Passages The latest committee notes and action items are available to view here: https://drive.google.com/drive/folders/1CzoEq7ZYg38zU2AycPACnw8v7PXiFTJX?usp=s haring Action items: ○NFF will schedule committee meetings to continue in September and October (including a Funding Committee meeting). ○Full Roundtable will begin reviewing and seeking consensus around committee priorities during the September meeting. ○To assist the Education & Outreach Committee with its calender, Adam will reach out to CPW to secure a copy of their hunting season schedule. 4 ○To assist the Habitat Management Committee with the mapping project, CWR representatives from towns will be asked to provide relevant GIS and mapping layers (wildlife, recreation, land use/development) so that they will be incorporated comprehensively into the map. ○NFF staff will take the lead in drafting the Action Plan for the Roundtable’s discussion and review. The following individuals offered to assist with writing or editing: ■Adam Palmer, Kim Langmaid, Charise Bishop, Jacci McKenna 4.Final Discussion CWR members shared round-robin perspectives on the group and how they’re feeling about the Roundtable’s progress. Kristen Bertuglia shared a link to a survey completed by the Town of Vail, showing strong support for wildlife as a priority. The survey is available online: Town of Vail Community Survey 2020 An Overview of Survey Results Town Council Presentation. 5.Next Steps The next CWR meeting is scheduled for Monday, August 28th from 1:00-3:30 PM. The meeting was adjourned at 3:30 PM. 5 (970) 390-2014 ewilson@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eva Wilson, Mobility Director and Rego Omerigic, Fleet Director RE: 2020-2021 Winter Transit Operations Update DATE: Sep 17, 2020 SUMMARY: This report provides an update to Council on the Mobility Department’s preparations for the 2020-2021 Winter Ski Season. The Skier Bus and Restaurant shuttle have always been vital links between Avon and Beaver Creek for many Avon residents and guests. COVID-19 has changed many aspects of transit operations. Social distancing while using transit is important for both, public safety and comfort level. Traditionally, the Avon Skier Express Shuttles are physically packed during peak times, 8-10:30am and 2:30-6pm with passengers occupying every seat and as well standing in the aisle with not spacing. We are doubling the number of Skier Express Shuttles and the Restaurant Shuttles so that we can operate busses with seat occupancy only while moving the same total number of passengers. Passengers will still be required to wear masks while riding the bus. Avon Transit’s fleet would require every bus to be in service and on the road at the same time to meet this expanded level of operations. That is not realistic for consistent service because busses often require some maintenance throughout the course of the winter which may take a bus or two off the road for one or more days. Two additional buses are needed to consistently support the increase in Level of Service (“LOS”). Two used buses were located in Colorado Springs. The purchase and refurbishment costs for the buses total $42,000. Additional bus drivers/washers are needed to provide the added service. For a 7days a week/16.5 hrs. operation, a new a transit supervisor position is needed for oversight and crowd management. FINANCIAL: The additional cost for the increase in LOS is approximately $300,000. The annual expense of a full-time transit supervisor is also shown as $88,060 and incorporated into the 2020-2021. This is relevant to the 2021 Proposed Budget to allow the Mobility Director position to focus on more mobility planning and design projects. Page 2 of 4 BACKGROUND: Annually, Beaver Creek Resort Company (“BCRC”) and the Town of Avon (“TOA”) fund the Skier Express/Restaurant Shuttle (50/50 based on BCRC service rate). In the 2018-2019 season, the Agreement provided 197,473 transit trips with BCRC contributing $125,051. In the 2019-2020 season, 160,393 trips were provided before mountain operations closed on Mar 15, 2020. A refund of $22,450 out of $127,072 was returned. The Skier Shuttle operates from 8am to 6pm and the Restaurant Shuttle operates from 6pm to 10pm. During peak times, the skier shuttle operates every 10 min. and are standing room only, packed. All other times, the Skier Express and the Restaurant Shuttle operate every 30 min. TOA Grant Transit Funding: - 2020 Federal/State Transit Operation Support Totaling $646,470 o The Federal CARES Act awarded TOA: $400,490 o Annual 5311 Operations Grant: $245,980 - Eagle County FEMA CARES ACT Funds for Transit: TBD COVID-19 Operations: - For Drivers: Passengers board from the back door and protective shields were installed - For Passengers: Face coverings are required while using and waiting for the bus, hand sanitizer dispenser by the back door, and disposable face coverings are available on every bus WINTER TRANSIT OPERATIONS DISCUSSION: Social Distancing is important for public safety and visitor comfort level. As in any planning effort, the farther away from the event, the more assumptions must be made. BCRC anticipated that transit peak demand may look different than past peak demands due to visitor concerns with air travel and due to limits on permitted skiers. We can only guess what the impact of the skier reservation system may have on lodging occupancy in Avon. Two opportunities to improve social distancing are on the buses and in the queues for the buses: 1) On buses: - Increase the number of Skier Express Busses and Restaurant Shuttles o For the Skier Express Shuttle, doubling the number of buses during peak times would reduce the 10 min service to 5 minutes o For the Restaurant Shuttle, doubling the number of buses would reduce the 30 min service to 15 minutes o Assuming BCRC will provide the same cost share as the 2019-2020 season, the additional LOS is estimated to cost approximately $300,000 2) In bus queues waiting for buses: - Guests and crowd management will be critical for good customer service; a much-needed Transit Supervisor is estimated at $88,000 - May need to expand the bus drop off area; potentially into the Vilar Center area - Guest management at Beaver Creek Village during download will be needed; potentially use stanchions to form orderly lines for each and subsequent buses to ensure not to exceed bus capacity o Signs and ROW usage at Beaver Creek Village require Vail Resorts (VR) approval o Staff guest associates require VR training Page 3 of 4 Page 4 of 4 TRANSIT FLEET: Currently, TOA owns 7 buses and 2 cutaways (people movers). The cutaway buses are not useful due their size. During the proposed peak operations, 8 buses will be needed (2 buses for the Red and Blue Line – 6 buses for the Skier Express Shuttles). With routine maintenance and breakdowns, additional buses will be needed for operations and backup. Fleet found 2 used buses in Colorado Springs. The purchase and refurbishment costs for the buses total $42,000. We considered leasing busses; however, the quoted lease price was $100,000 per bus for the winter season. The acquisition and maintenance of used busses will be almost $100,000 less than leasing busses. COUNCIL ACTION: No Council action is requested. This is an update on the details and status of winter bus operations. Staff will submit a 2020 transit budget amendment and will incorporate in the 2021 transit budget. Staff will also continue collaborating with BCRC and other transit agencies. MANAGER’S COMMENTS: We have discussed cost sharing with Beaver Creek Resort Co. They have their own revenue decrease challenges as well as additional costs for other areas operations this year and they did not anticipate the ability to contribute to increased funding for the Avon Skier Bus or Restaurant Shuttle. Avon sought substantial CARES Act reimbursement this summer in anticipation of the need for increased expenses for the Skier Bus and Restaurant Shuttle. I believe this is an appropriate increased cost in order to Avon to provide a safe and functional service that is an essential link in our winter economy. Thanks, Eva and Rego