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TC Packet 10-27-2020
_______________________________________________________________________________ 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, October 27, 2020 MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE) !! SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM 1. CALL TO ORDER AND ROLL CALL 5:00 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may request an additional one (1) minute, which may be approved by a majority of Council. 5. BUSINESS ITEMS 5.1. Avon Police Department Presentations (Police Chief Greg Daly) (50 Minutes) 5:15 • CALEA Award presentation- Colonel Matthew Packard (Chief of the Colorado State Patrol) • Officers Hines swearing in • Volunteers of the year awards • Officer of the year award • Master Police Officer Peck retirement proclamation and presentation • BJA Award • Special Olympics award • Mothers Against Drunk Driving award 5.2. Intergovernmental Agreement for Animal Services between Eagle County and the Town of Avon (Police Chief Greg Daly) (5 Minutes) 6:05 5.3. Proclamation announcing November 1st as Eagle County First Responder Day (Alan Himelfarb and Jillian Moore with Starting Hearts) (10 Minutes) 6:10 5.4. Presentation of Commuter Survey Results (Kim Schlaepfer, Project Manager Climate Action Collaborative) (30 Minutes) 6:20 5.5. Work Session: Capital Improvements Projects Plan Discussion (Town Manager Eric Heil) (30 Minutes) 6:50 5.6. Work Session: Ice Skating (Public Works Director Gary Padilla) (30 Minutes) 7:20 5.7. Business COVID-19 Relief Grants Program (Town Manager Eric Heil) (30 Minutes) 7:50 6. MINUTES 6.1. Approval of October 6, 2020 Regular Council Meeting Minutes (Town Clerk Brenda Torres) (5 Minutes) 8:20 6.2. Approval of October 20, 2020 Special Council Meeting Minutes (Town Clerk Brenda Torres) (5 Minutes) 8:25 _______________________________________________________________________________ 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. 7.WRITTEN REPORTS 7.1. October 6th Planning and Zoning Commission Meeting Abstract (Planner David McWilliams) 7.2. Monthly Financial Report (Senior Accountant Nelly Burns) 7.3. Quarterly RETT Report (Senior Accountant Nelly Burns) 7.4. West Avon Preserve Trails Restoration Update (Planning Director Matt Pielsticker) 7.5. Avon Rec Center Q3 Financials Report (Recreation Director John Curutchet) 7.6. Overnight Parking for Large Vehicles (Mobility Director Eva Wilson) 7.7. Swearing In of New Council Members (Town Clerk Brenda Torres) 8.MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 Minutes) 8:30 9.ADJOURN 8:45 Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. Future Agenda Items November 10 Public Hearing: 2021 Annual Budget Resolution 20-XX Community Development Fees Oak Creek Day Care Concept (970) 748-4040 gdaly@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Greg Daly, Chief of Police RE: Presentation of the Commission on Accreditation for Law Enforcement Agencies Inc. (CALEA®) Reaccreditation Certificate DATE: Oct 27, 2020 SUMMARY Honorable Mayor and Council, Colonel Matthew Packard, Chief of the Colorado State Patrol will present the accreditation certificate as part of the Avon Police Department’s national re-accreditation with the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA®) BACKGROUND The Avon Police Department has been nationally accredited for the last seven years through the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA®). Avon PD is the smallest agency in Colorado with this accreditation and the only agency west of the Denver Metro Area, except for the Colorado State Patrol and the Colorado Bureau of Investigation, both statewide agencies. Approximately 1% of law enforcement agencies in the United States are CALEA accredited. This last accreditation cycle was over a four-year period. During the accreditation cycle, Avon PD submitted annual reports and participated in annual remote web-based assessments attesting our departments continued compliance with 179 national standards. We successfully completed the fourth of the four annual remote file assessments in September 2019. As part of the accreditation evaluation, the site-based assessment team arrived in October 2019 to examine all aspects of Avon Police Department policy and procedures, community relationships, management, operations, and support services. The final assessment piece was a hearing before a CALEA subcommittee, which occurred in March. Due to COVID restrictions, the hearing was a virtual hearing. We were awarded our Certificate of Accreditation and tonight, Colonel Packard, a commissioner on the National CALEA commission, formally presents the Certificate to the Avon Police Department. We continue our accreditation process for another four years. Thank you, Chief Greg Daly ### 970 748 4049 gdaly@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Greg Daly, Chief of Police RE: Swearing in and badge pinning of Officer Shadrach Hines DATE: Oct 27, 2020 SWEARING IN AND BADGE PINNING CEREMONY: Tonight, we will join Officer Shadrach Hines and his family as he takes his oath as Avon’s newest Police Officer and receives his police badge. Officer Hines previously worked in family construction in Ohio. Shadrach and his family moved out to Eagle County to continue in the construction industry. However, Shadrach had a personal ambition to become a police officer and he is now pursuing his dream. He is supported by his wife Brooke and their child tonight. It is a long-standing tradition in the First Responder Community that a Badging Ceremony is held upon completion of Police or Fire Academy, and then upon subsequent promotions. The badges are the visible signs of his or her role, responsibilities, authority and trust with our community. Mayor Smith-Hymes will preside over the swearing-in. The Oath of Office will be administered by Town Clerk Brenda Torres. Officer Hines’s wife Brooke, will pin his badge. Congratulations to Officer Hines. Thank you, Chief Greg Daly. ### (970) 748-4040 gdaly@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Greg Daly, Chief of Police RE: Avon Police Department 2019 PD Awards DATE: Oct 27, 2020 SUMMARY: Honorable Mayor and Council, thank you for the opportunity to recognize some awards that the Police Department has received and to present some awards to our community members. AWARDS TO THE MEN AND WOMEN OF THE AVON POLICE DEPARTMENT; U.S. Department of Justice, Bureau of Justice Assistance finalist award: Sgt. Jamison submitted the Avon Police Department for consideration in the national Destination Zero program at the National Law Enforcement Memorial and Museum in Washington D.C. The National Law Enforcement Officers Memorial Fund, in partnership with the United States Department of Justice’s Bureau of Justice Assistance, was seeking successful strategies that law enforcement agencies have developed and deployed to help keep officers safe and healthy. This initiative is one part of a continuing collaboration to improve officer safety and wellness. We didn’t win the competition, but we received the following email message… “One of your program submissions was a finalist in the category of General Officer Safety. You were among three agencies that made it to the final round. While your program was not selected as the winner, you and your organization should be proud of all you have accomplished in improving the safety and wellbeing of the officers of the Avon Police Department.” Larry Cecchettini, Senior Program Manager - Destination Zero, National Law Enforcement Memorial and Museum Colorado Special Olympics Award: The Avon Police Department was honored to receive the 2019 Law Enforcement Torch Run State Directors Agency Award for our community partnership in support of the Law Enforcement Torch Run for Special Olympics Colorado. Mothers Against Drunk Driving (MADD)/ Colorado Department of Transportation: “Excellence in Leadership Award (Mountain)” – Awarded to Chief Greg Daly for his dedication and leadership in DUI enforcement to include his 11 DUI arrests in 2019 PRESENTATION OF AVON POLICE DEPARTMENT 2019 AWARDS: Normally, these awards are conveyed during the Town of Avon annual picnic which was cancelled due to ongoing COVID-19 concerns. However as Chief of Police, it is with great pleasure and honor that I present the following Avon Police Department Awards for 2019. These awards are to recognize staff members and volunteers, who have made exceptional and valiant individual contributions above and beyond their normal duties with the Avon Police Department. Employee of the Year: Master Police Officer Chris Peck was voted by his peers as “Officer/ Employee” of the Year. Chris will retire in November, having served the residents and guests of Avon for 30 years. Volunteer(s) of the Year: It was a tie breaker this year between Brenda Torres and Margarita “Maggie” Chavez. Maggie and Brenda both make considerable contributions to the police department and to the Avon community. Maggie has been the backbone of our National Night Out (NNO) events over the past years and is the block captain of the Eaglebend NNO party. Sgt. Churches has really appreciated Maggie’s partnership on organizing and seeking sponsorship for the event. Thank you, Maggie. Page 2 of 2 Brenda as you know is a very busy Town Clerk, with many responsibilities but Brenda continues to find time outside of her workday as Avon PD’s community outreach liaison for our Latino/ Hispanic community. Brenda recruits, coordinates and executes the Latino Police Academy and the Citizens Police Academy for 14 weeks every year in addition to her day job. Brenda also represents the Avon Police Department and the Town of Avon on the Law Enforcement Immigrant Alliance. She attends all the meetings and contributes her time in many ways towards the greater goal of further fostering relationships with our Latino/ Hispanic community. Thank you, Brenda. Volunteer “Baker of the Year”: Mrs. Karen Merling has been a stand in “mom” to the men and women of the Avon Police Department. Karen and her husband Joseph, regularly drop by delicious fresh baked pastries to the police department and these sweet comfort gifts have been warmly accepted as community support for the work of the Avon PD men and women. It has been a tough year for all of us, but Mrs. Merling certainly brightened up our days when she was able to drop by. Thank you, Mrs. Merling. ATTACHMENTS: N/A Thank you, Chief Greg Daly ### OFFICIAL PROCLAMATION TOWN OF AVON, COLORADO HONORING MASTER POLICE OFFICER GEORGE “CHRIS” PECK FOR HIS YEARS OF SERVICE WHEREAS, Chris Peck, as Avon Police Departments Master Police Officer, has been committed to the highest levels of dedication, performance and customer service, and a has been a respected and valuable employee since September 13, 1990, when he joined the Town of Avon; and WHEREAS, Chris’s extensive knowledge of professional Police Practices allowed him to serve the Avon community and to maintain the Town’s public safety; and WHEREAS, during these thirty years, Chris’s commitment to providing timely, consistent, and complete information in a responsive, professional and genuinely friendly manner has resulted in positive relations and respect from his peers, other town staff and from the community at large; and WHEREAS, Chris’s unyielding commitment to support the work of the Avon Police Department with kindness, compassion, and positive attitude; and willingness to address challenges with the promotion of camaraderie has gained him the greatest admiration with his co-workers; and WHEREAS, Chris took an oath when he was hired to protect and defend the constitution, an oath he has never broken; and has kept faith with the public he so honorably served for thirty years WHEREAS, Chris’s years of service have been marked by unprecedented dedication to the best interests of the Avon Police Department and the Town of Avon; his presence will be deeply missed by his co-workers in the police department and members of staff who have benefitted from his knowledge, experience, wisdom, guidance, friendship and fascinating stories during the past thirty years WHEREAS, in recognition for thirty years of service to the Avon Police Department and to the residents of the Town of Avon with honor, dedication and selflessness; thank you and rest easy, we have the watch. NOW, THEREFORE BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AS FOLLOWS: By virtue of Chris Peck’s thirty years of dedication and service to the Town of Avon and its citizens, we, the Avon Town Council, proclaim October 27, 2020, as “MASTER POLICE OFFICER CHRIS PECK DAY”, in the Town of Avon, Colorado, and urge all Avon citizens to congratulate and thank Chris for his public service. PROCLAIMED THIS 27th day of October 2020 TOWN OF AVON BY: ATTEST: ________________________________ ____________________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk (970) 748-4040 gdaly@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Greg Daly, Chief of Police RE: Intergovernmental Agreement between the County of Eagle and the Town of Avon for the provision of Animal Services (Renewal) DATE: Oct 27, 2020 SUMMARY: The Avon Police Department is renewing the intergovernmental agreement (IGA) between the Town of Avon and Eagle County for the provision of shelter animal services. We do not avail of patrol services from Eagle County Animal Services. This is handled by the Avon Police Department (APD). ACTION BEFORE COUNCIL: Action on Intergovernmental Agreement between the County of Eagle and the Town of Avon for the Provision of Animal Services. BACKGROUND: This IGA is the renewal of the current services agreement between Eagle County Animal Services (ECAS) and the Town of Avon. The proposed IGA is a six-year agreement, a change from the previous three-year agreement, at our request. During negotiations on the previous IGA, Eagle County expanded the ECAS operation for both the patrol/control/ enforcement side and for the shelter services, resulting in a larger county budget need. As a result, the overall costs proposed to individual jurisdictions within Eagle County had increased (based on population). As APD employs a seasonal community response officer who addresses dogs off leash complaints particularly in Nottingham Park, we did not contract with ECAS for patrol/control services since 2018. We continue to contract with ECAS for only shelter services and emergency call out to the shelter if needed. ECAS provides shelter for lost or abandoned domestic animals. FINANCIAL IMPLICATIONS: This IGA continues with the same monthly service payment for General Animal Shelter Services at $1,455 for 2021 and increases to $1,500 for 2022- 2026, with an emergency shelter call out fee of $100 per call (after business hours). Note that the original ECAS proposal that included the control/ enforcement services was $26,741 ($2,228 pm) for 2018 stepping up to $60,424 per year ($5,035) in 2020. RECOMMENDED MOTION: “I move to approve the Intergovernmental Agreement between the County of Eagle and the Town of Avon for the provision of Animal Services” ATTACHMENTS: Attachment A: Intergovernmental Agreement Thank you, Chief Greg Daly ### ATTACHMENT A 1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON FOR THE PROVISION OF ANIMAL SERVICES This Agreement made this ________________________, by and between the County of Eagle, State of Colorado, a body corporate and politic (the "County") and the Town of Avon, a municipal corporation (the "Town"). WITNESSETH WHEREAS, the Town desires to contract with the County for the performance of the hereinafter described Services on the terms and conditions hereinafter set forth; and WHEREAS, the County agrees to perform such Services on the terms and conditions hereinafter set forth; and WHEREAS, this Intergovernmental Agreement is authorized pursuant to Section 29-1- 201 and 30-11-101, Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado Constitution. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: SECTION 1. TERRITORY COVERED. The Services described herein will be provided within the municipal boundaries of the Town of Avon. SECTION 2. DEFINITIONS. “Eagle County Animal Services Officer” is defined as an employee of the County who performs tasks to provide services, among other tasks, described in this agreement. “Emergency On-Call Service” is defined as: times when Town of Avon law enforcement needs to transfer custody of a domestic animal from the Town to Eagle County Animal Services while the Shelter is closed. “Shelter” means the Eagle County Animal Shelter located at 1400 Fairgrounds Road, Eagle, Colorado, and any other shelter facility operated or designated by County. “Unclaimed” Day is defined as a calendar day or any part thereof during which an unclaimed animal is confined in Shelter on behalf of the Town. ATTACHMENT A 2 SECTION 3. SCOPE OF SERVICES. The County agrees to provide Services as follows: A. General Animal Services shall include: i. Animal sheltering services for animals attributable to the Town, of the nature and quality customarily provided at the Shelter. Animals attributable to the Town are domestic animals taken into custody within the Town of Avon and domestic animals owned by persons dwelling, permanently or temporarily, in the Town of Avon. The Town is responsible for transporting such domestic animals to the Shelter or other mutually agreed upon location to take custody of a domestic animal. The County only provides sheltering services once the animal is transferred to the Shelter. ii. The County shall provide the Town with monthly reports and an annual report of services provided pursuant to this Agreement. Such reports shall include, by way of example only, number of animals sheltered and number of Unclaimed Days as they apply to the Town of Avon. B. Emergency On-Call Services shall include: Response by Eagle County Animal Services Officer to the Shelter or other mutually agreed upon location to take custody of a domestic animal outside of Shelter hours from the Town. SECTION 4. EQUIPMENT. The County shall furnish and supply, at its sole expense, all necessary labor, supervision, equipment, motor vehicles, office space, and operating and office supplies necessary to provide the services to be rendered hereunder. SECTION 5. COMPENSATION. A. The Town of Avon agrees to pay the County, monthly, the following amounts for General Animal Services: a. January 1, 2021 through December 31, 2021: $1,455.00/month b. January 1, 2022 through December 31, 2022: $1,500.00/month c. January 1, 2023 through December 31, 2023: $1,500.00/month d. January 1, 2024 through December 31, 2024: $1,500.00/month e. January 1, 2025 through December 31, 2025: $1,500.00/month f. January 1, 2026 through December 31, 2026: $1,500.00/month B. Emergency On-Call Services shall be billed at: $100.00 per call. C. The Town of Avon agrees to pay the County on or before the fifteenth day of each month for all General Animal and Emergency On-Call Services rendered the previous month. ATTACHMENT A 3 D. All fees and expenses recovered at or for the Shelter will remain with the County. E. All court fines and costs will remain with the court of venue. SECTION 6. PERSONNEL. A. The Eagle County Animal Services Officer shall have full cooperation from the Town of Eagle, its public works, its police officers and/or their respective officers, agents, and employees, so as to facilitate the performance of this Agreement. B. The rendition of Services provided for herein, the standards of performance, the discipline of staff, and other matters incident to the performance of such services and the control of personnel so employed, shall remain in the County. C. All persons employed in the performance of such Services for the Town of Avon, pursuant to this agreement, shall be County employees. SECTION 7. LIABILITY AND INSURANCE. A. The County and the Town shall respectively provide its own general liability and public officials’ errors and omissions insurance coverage for claims arising from this Agreement. Further, the County and the Town, respectively as named insureds, shall include the other respective party, its officers, employees, and agents, as additional insureds under the named insured’s insurance policies. The named insured’s insurance shall be primary and non- contributory as respects any covered claim against an additional insured arising out of the premises or operations of the named insured. The parties agree that a claim arising out of the County’s enforcement of the Town’s ordinance in accordance with the terms of this Agreement shall constitute an operation of the Town for purposes of the County’s additional insured status under the Town’s insurance. A certificate of insurance consistent with the foregoing requirement is attached hereto as Exhibit A. This provision shall survive expiration or termination of this Agreement. B. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to either party, its officials, employees, contractors’ or agents, or any other person acting on behalf of either party and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. This paragraph shall survive termination of this Agreement. SECTION 8. TERM AND TERMINATION. ATTACHMENT A 4 A. This Agreement is effective January 1, 2021, and shall end at 11:59 p.m. on the 31st day of December, 2026. Either party shall have the right to terminate this agreement with or without cause at any time by giving the other party thirty (30) days' prior written notice of termination. Upon termination, the County shall be entitled to compensation for services performed prior to such termination (calculated by prorating the monthly rate for the number of days the County performed General Animal Services and adding all charges for any additional services, including Emergency On Call Services, performed by the County during that time), and both parties shall thereafter be relieved of any and all duties and obligations under this Agreement. B. Obligations of the Town of Avon and the County, respectively, after the current fiscal year, are contingent upon funds for the purpose set forth in this Agreement being appropriated, budgeted and otherwise made available. SECTION 9. GENERAL PROVISIONS. A. Notices. All notices, requests, consents, approvals, written instructions, reports or other communication by the Town of Avon and the County, under this Agreement, shall be in writing and shall be deemed to have been given or served, if delivered or if mailed by certified mail, postage prepaid or hand delivered to the parties as follows: Town of Avon: Chief of Police P.O. Box 975 Avon, CO 81620 County of Eagle: Eagle County Attorney P.O. Box 850 Eagle, CO 81631 Either party may change the address to which notices, requests, consents, approvals, written instructions, reports or other communications are to be given by a notice of change of address given in the manner set forth in this paragraph A. B. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the Town or the County because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. ATTACHMENT A 5 C. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. D. This written Agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County or the Town other than those contained herein. E. This Agreement shall be binding upon the respective parties hereto, their successors or assigns and may not be assigned by anyone without the prior written consent of the other respective party hereto. F. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid Agreement or covenant were not contained herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Kathy Chandler-Henry, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board ATTACHMENT A 6 TOWN OF AVON By:__________________________________ Mayor Attest: By:___________________________ Town Clerk TO: Honorable Mayor Smith Hymes and Council Members FROM: Ineke de Jong, Executive Assistant to the Town Manager RE: Proclamation Honoring Eagle County First Responder Day DATE: October 21, 2020 SUMMARY: The Town Council is asked to consider adopting the attached Proclamation supporting Eagle County First Responder Day. The 2020 Eagle County Public Safety Awards, a virtual event on November 1st, 2020, will be hosted by Starting Hearts and the Rotary International. According to the organizers, this is a wonderful opportunity to honor our outstanding frontline personnel for their amazing contribution to our community. Now more than ever, these heroes deserve our recognition. Alan Himelfarb and Jillian Moore with Starting Hearts will attend Tuesday’s meeting to present more information about Eagle County First Responder Day and the 2020 Eagle County Public Safety Awards. ATTACHMENTS: Attachment A: Eagle County First Responder Day Proclamation OFFICIAL PROCLAMATION TOWN OF AVON, COLORADO HONORING EAGLE COUNTY FIRST RESPONDERS WHEREAS, Eagle County first responders, including police, sheriff, fire, paramedics, 911 dispatchers, doctors, and nurses are brave, courageous and dedicated individuals who are extensively trained and highly specialized within their skill sets to assist the community and provide aid during emergencies and in time of need; and WHEREAS, This year, Eagle County safety agencies and our first responders h ave been greatly challenged by devastating fires and the COVID-19 virus in addition to their everyday duties; and WHEREAS, Eagle County safety agencies and their heroic men and women make it their business to take immediate action when disaster strikes, putting other lives ahead of their own in making incredible, selfless sacrifices to protect others; and WHEREAS, Our first responders have performed admirably during these most difficult times, working efficiently and effectively to save precious lives every day, never seeking recognition for their lifesaving work; and WHEREAS, the Town of Avon, its Town Council, and its citizens wish to honor our safety agencies and frontline heroes; NOW, THEREFORE BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AS FOLLOWS: We, the Avon Town Council, proclaim Sunday November 1, 2020, as “EAGLE COUNTY FIRST RESPONDERS DAY”, in the Town of Avon, Colorado. PROCLAIMED THIS 27th day of October 2020 TOWN OF AVON BY: ATTEST: ________________________________ ____________________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ATTACHMENT A Commuter Study Results Key Takeaways & Strategic Direction Kim Schlaepfer Climate Action Collaborative, Project Manager kims@walkingmountains.org What’s the target? 80% by 2050 Eagle County Residents leave their cars behind 2x per week on their work commute. 17% reduction in transportation emissions ~235,000 metric tons of CO2 reduced Survey Goals 1.Determine commuting options are most viable vs not viable in each community. 2.Determine barriers and benefits for smart commuting options. 3.Determine if access to parking influences commuting behavior. 4.Baseline commuting behavior as a County and by community. Smart or Alternative Commuting Any means of commuting to and from a place of employment without using a single occupancy vehicle or SOV. This can include public transportation, biking, walking, carpooling, vanpooling, telecommuting, skating, etc Key Takeaways Telecommuting E-Bikes Public Transportation Electric Vehicles Parking Incentivizing Smart Commuting Key Takeaways Telecommuting E-Bikes Public Transportation Electric Vehicles Parking Incentivizing Smart Commuting Key Takeaways Total number of responses 1,600 (only 28 in Spanish) How concerned are respondents about climate change 4 of 5 –32% 5 of 5 –47% How willing would respondents be to leave their car behind 2x per week? Somewhat willing –30% Very willing 35% Extremely willing –23% Most Impactful Actions 1.Owning an e-bike 30% 2.Working from home 26% 3.Commuter incentive program 8% Telecommuting 90% of employers said willingness to allow at home work increased since COVID Biggest barrier –lack of understanding on employee productivity All other barriers were forced to be removed during COVID Strategic Direction Implication ✓Each stakeholder should survey their employees to learn the benefits employees have seen from telecommuting. For those industries/positions where in-office work is required, investigate if work-from-home days would be viable or if other smart commuting options would be a better fit. E-Bikes E-Bikes were selected time and time again as the preferred option for commuting –if the respondents were to own one. E-bikes offer a seasonal solution for commuters who cannot work from home Strategic Direction Implications ✓Stakeholders should ensure their businesses/public spaces have secure bike racks and charging available for e-bikes. ✓Stakeholders should consider financial incentives to remove barriers to purchasing e-bikes. ✓Pursue e-bike share system for Vail to allow non-ebike owners to commute using e-bikes Public Transportation Public transportation can be a solution for commuting for those who can’t work from home, but many barriers first need to be addressed. Free or subsidized passes are provided to 67%, but bus does not represent a significant number of total trips (4% summer, 9% winter) Prefer to drive myself Bus takes too long No convenient stops Schedule doesn’t align with work schedule Strategic Direction Implications ✓Stakeholders should engage with transit to ID the critical employment centers that could be served by bus and work to expand service (normal + express) into these areas. ✓Stakeholders should engage with transit to expand services (normal + express) that support commuter times. Parking 86% of respondents had free parking available to them “Prefer to drive myself” barrier is easy to understand when convenient, free parking is provided to the majority of commuters. Strategic Direction Implication ✓Stakeholders should consider paid, reserved, or other parking restrictions in commercial centers. Ensure each commercial center has access to reliable alternative means of commuting. Work with public transportation providers to ensure the service at the stops in large commercial centers fit the needs of the businesses in those areas ✓Stakeholders should consider parking restrictions to limit on-site parking in commercial centers for only fleet and visitor parking. Avon Residents Communities Avon Employment -39% EagleVail: East -15% Wildridge -8% Nottingham Park -8% Hurd Lane/ EagleBend -29% West Core Area -17% Nottingham / Metcalf Rd -12% East Core Area Employment Line of Business 13% Government 11% Hospitality/Lodging 14% Non-Profit 12% Other 10% Construction/Landscaping 9% Consulting/Prof Services9% Education9% Real Estate Education Income Categories 15% -$25k-$55k 16% -$75k-$100k 29% -$100k-$200k 57% Bachelor Degree All Towns to Avon -72% Drive alone -10% Work from home -6% Public Transit All Towns to Avon -51% Drive alone -23% Ride bike -9% Work from home Total Commute Trips: Summer Total Commute Trips: Winter Avon to Avon Summer -41% Drive alone -35% Ride bike -7% Walk Avon to Avon Winter -72% Drive alone -13% Walk -7% Work from home Total Commute Trips: Summer Total Commute Trips: Winter All Towns to Avon -57% Bike Paths -42% Public Transit -29% Carpooling -26% Work from home part time Work Commuting Options Avon to Avon -66% Bike Paths -27% Public Transit -22% Work from home part time Work Commuting Options If mandatory, what commuting option would you prefer if all options were available and convenient. If mandatory, given your options today, what are you most likely to use? Live in Avon -33% Ride an e-bike -26% Walk or ride bike -19% Work from home Live in Avon -31% Walk or ride bike -22% Work from home -18% Ride an e-bike What would be most impactful to leaving your car at home 2x per week?Live in Avon -34% Own an e-bike -23% Ability to work from home What would be most impactful to leaving your car at home 2x per week? Work in Avon -30% Ability to work from home -23% Own an e-bike Barriers to Biking Live and Work in Avon -52% Don’t own e-bike -35% Weather too unpredictable -32% Other Other Responses -“Type of work” -“Need vehicle in town” -“When the weather is bad” Barriers to Biking Vail, Minturn, Edwards, EagleVail, Avon to Avon -48% Don’t own an e-bike -38% Weather too unpredictable -36% Other Barriers to Public Transportation Live and Work in Avon -36% I prefer to drive myself -30% No convenient stops near home/work -26% Other Other Responses -“Need car for work” -“I take the bus” -“Commute is too short” -“Dog” -“I always take public transit” -“I work alone” Barriers to Public Transportation Work in Avon -36% I prefer to drive myself -30% No convenient stops near home/work -29% Bus schedule doesn’t work with my schedule -22% Other Barriers to Public Transportation Live in Avon -37% I prefer to drive myself -31% No convenient stops near home/work -25% Bus schedule doesn’t work with my schedule Work in Avon 95% provided with on-site parking 49% provided free/reserved parking 86% parking is responsibility of employee Employers in Vail -97% Yes -3% No Employers in Vail -38% Better understanding of productivity -16% Working from home isn’t an option -16% Better understanding on employee morale Given COVID has your willingness to let employees work from home increased? What would be most impactful to allow your employees to work from home? As an employer do you offer a commuter incentive program? If yes, how do you incentivize? Employers in Avon -62% Yes -38% No Employers in Avon -64% Ability to work from home -50% Free or discounted bus pass -29% Shower changing room Avon Summary Doing Well Bike lanes and bike connectivity in Avon and to surrounding communities. Many employers already allow employees to work from home. Needs Improvement Too much parking. Bus access for all residential zones and to every large commercial zone. What Should Avon Do? 1 Adopt a telecommute/flexible work schedule policy for the Town of Avon. Encourage local businesses to do the same. #2 Consider an e-bike share program with partners, specifically up -valley communities. #3 Identify the large residential and commercial zones that have no access to bus stops. Improve Avon bus to provide access to Avon residents/businesses. Partner with regional transit to ensure large commercial centers are serviced by regional transit. #4 Consider parking restrictions in town centers. In-fill development, reserved parking for fleets, etc. Ensure each town center has adequate access to other smart commuting options #5 Adopt the GoEV City! Resolution 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Eric Heil, Town Manager RE: Capital Improvements Projects Work Session DATE: October 23, 2020 SUMMARY: The draft Capital Improvements Projects (“CIP”) Plan is presented to Council for a second Work Session. The materials from the October 6, 2020 Council work session are included. There are several updates to highlight since the last work session. UPDATES: Nottingham Lake Dock and Beach Expansion: Recreation Director John Curutchet and I spoke with Javier, the operator the stand-up paddle board rentals. Javier said that he was not interested in using the boat dock on the south side of the lake. Therefore, Staff is no longer proposing to move this dock and replace it with another smaller dock. Javier said he supported the beach expansion. Public Works Director Gary Padilla explains in his ice skating report that the Public Works can remove the boat dock in the fall for the winter ice skating operations. Nottingham Beach/Lot 16 Restroom: Design and community engagement of nearby property owners and residents is planned for 2021 and construction is planned for 2022. West Beaver Creek Parking: Design and community engagement of nearby property owners and residents is planned for 2021 and construction is planned for 2022. We received initial community concerns over any expansion of parking and increased traffic in this area. The focus of design will be to improve safety for parking in this area without increasing parking. Police Response Simulator: The Avon Police Department has proposed a Response Simulator to train officers with response situations in which officers must make in the moment lethal versus non-lethal response decisions. I received a demonstration and I believe it is a worthwhile investment. A report from Chief Greg Daly with more information is attached to this report. The cost is $42,000. REQUESTED DIRECTION: Direction from Council on the draft CIP Plan budget is requested so that Staff can finalize the 2021 budget for the November 10, 2020 public hearing. Council can discuss the draft CIP Plan on October 27 and also has the option of discussing in more detail at our budget retreat on October 30, 2020. Thank you, Eric ATTACHMENT A: Police Chief Greg Daly Report on Response Simulator ATTACHMENT B: Town Engineer Justin Hildreth Report on draft 2021 CIP Plan (970) 748-4040 gdaly@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Greg Daly, Chief of Police RE: Capital Improvement Request for a Firearms Training Simulator DATE: October 23, 2020 SUMMARY: This report provides an explanation to the Capital Improvement Request (CIP) request of $42,000 to purchase a force on force decision making video Firearms Training Simulator (FATS). The FATS simulator that we would like to purchase, is manufactured by Ti Training out of Golden, Colorado. BACKGROUND: The life and role of a police officer continues to become more complex every year and the demands on the police profession continue to tax our resources and at times our resolve, but we adapt to everchanging times and forge even better relationships with our community. The Avon Police department continues a tradition of high-level training for all potential scenarios that an officer may encounter on the street. Avon Police Officers have previously trained on a firearms training simulator at the Colorado Bureau of Investigation in Grand Junction. It is a $350,000 360-degree VirTra simulator. We have also trained on simulators purchased by the Police Officers and Standards Training (POST) I-70 grant hosted by the Breckenridge and Snowmass Police Departments respectively. The simulator induces a high level of stress inoculation in potential use of force and firearms situations, to better prepare police officers for use of force and/or firearms involved situations and aid them in making the right decisions under stress. The simulator also provides verbal de-escalation and intermediate force scenarios. The instructor provides immediate feedback and training after each scenario. With the recent passing of Senate Bill 20-217, albeit containing some great police accountability and integrity elements, there is an increased probability that police departments will be sued, at times without merit, for actions taken by police officers during use of force incidents or during arrests. This new bill removes upper limits on the amount of a lawsuit that a plaintiff can make against an officer and or a municipality. Regular training on a FATS reality-based simulator will mitigate some of that inherent risk of potential lawsuits against the officer or the Town of Avon by engaging officers in verbal escalation, intermediate use of force options to include taser and pepper spray and firearms scenarios. An average use of force lawsuit can be between $5,000,000 to $10,000,000. This excellent state of the art simulator based at the Avon Police Department will provide reality-based training to Avon Police Officers and we would made it available to our partner Eagle County agencies. This system would be permanently mounted in our patrol briefing room which would allow for frequent training throughout the year regardless of time, weather or outside range availability. RECOMMENDATION: I recommend purchase of this Firearms simulator as an excellent training tool which would contribute to officer safety and mitigate litigation risk against the Town of Avon ATTACHMENTS: Attachment A- Screen grab from Ti Training Website for Recon Core FATS Simulator Thank you, Chief Greg Daly ### ATTACHMENT A: POLICE RESPONSE SIMULATOR Page 2 of 2 Attachment A ATTACHMENT A: POLICE RESPONSE SIMULATOR 970.748.4045 jhildreth@avon.org 970.748.4055 swright@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Town Engineer Justin Hildreth and Finance Director Scott Wright RE: Capital Improvements Projects DATE: October 1, 2020 SUMMARY: This is the second of two work sessions to review the long-range Capital Improvements Projects Plan (“CIP Plan”). The first work session occurred on September 8, 2020. This report describes the available revenues, CIP Plan policies, proposed projects and options for Council. The draft CIP Plan for this work session shows only projects for 2021 and 2022. The focus of the presentation will be on items either not discussed previously or items for which Council requested additional information. REQUESTED COUNCIL DIRECTION: This is the second work session on updating the Town’s five-year CIP Plan. Council direction, or confirmation, is requested for three proposed project areas in Nottingham Park, including West Nottingham Park Improvements, North Nottingham Park Beach, Parking and Restroom Improvements, and East Nottingham Park Restroom Improvements. Staff presentation will focus on these three project areas. Staff will be prepared to discuss any project on the proposed 2021 CIP Plan list. The five-year CIP Plan will be included in the draft 2021 Budget which is planned to be prepared and made available to Council and public by October 15, 2021. There are many new projects, including several projects that require initial design before there is a more accurate estimate of project costs. Any Council questions or requests for more detail or potential options on projects are welcome. Ultimately, Council direction is desired to prioritize projects in the CIP Plan as part of the complete 2021 Budget. AVAILABLE REVENUE: Council has the following identified revenue sources that can be used for capital improvement projects in 2021: Real Estate Transfer Tax ($2.5M base level less debt service and engineering) $1,203,302 Real Estate Transfer Tax interest earnings $50,000 Avon Urban Renewal Authority $700,000 TOTAL Projected Revenues $2,073,302 Projected Fund Balance (Not Including a $1,000,000 reserve policy) $6,264,983 TOTAL AVAILABLE FUNDS for 2021 $8,218,285 Proposed CIP Expenditures in 2021 $5,674,840 CIP Policies and Restrictions on Various Fund Sources: The following policies have been used for the CIP fund: • Town strives to maintain a minimum $1,000,000 fund balance in the CIP fund for emergencies and unforeseen capital improvement expenditures. ATTACHMENT B: DRAFT 2021 CIP PLAN Page 2 of 7 • The projected RETT revenue base of $2.5 million is conservative. Revenues which exceed the annual budget projection carry-over in the fund balance to the next budget year. • The additional RETT from initial sales at the Wyndham project are included in the $2.5 million base level for 2021. YTD through July Wyndham has paid $338,306.in RETT and is expected to wind down additional RETT revenues in 2022. • The Avon Urban Renewal Area currently has $700,000 available for capital improvements within the West Avon Investment Plan area (west of Avon Road, north of Eagle River, east of Avon Elementary School, and north to the Medical office building on north side of I-70. The West Avon Urban Renewal Plan broadly authorizes expenditure of URA funds on Town properties and Town public infrastructure in this area. Capital Projects: The cost of capital improvement projects is most effectively reduced with thorough planning and design prior to bidding for construction. Due to the construction season cycles and the high demand for construction work, an effective process to manage costs requires planning and design in the first year for a new project, and then bidding and construction the following year. SPECIFIC CAPITAL IMPROVEMENT PROJECTS: NOTTINGHAM PARK There are numerous park improvements that Staff has broken into 3 areas, west, north, and east. Attachment B includes a park vicinity map and maps of each of the three areas. West Nottingham Park Improvements: Council approved designs for the West Nottingham Park Improvements, which includes a comprehensive approach to landscaping, entry improvements and replacement of the softball field with a soccer field. These improvements tie into the recreation path, which is currently deteriorated. Improvements of the recreation path in this area has been accelerated to 2021 to coordinate with this project. Additional projects include: Nottingham Park Path Replacement: This project is accelerated to 2021 so that it is coordinated with the West Nottingham Park improvements. Nottingham Park Light Upgrade, Phase II: This project will complete upgrades to the lighting in Nottingham Park and will be installed as part of the park path replacement project. Resurface Pickleball and Tennis Courts: This project was deferred to 2021 and includes resurfacing both the pickle ball courts and adjacent tennis courts to address concerns over the current conditions and configuration. West Nottingham Park Improvements $ 280,000 West Nottingham Park Path Replacement $ 520,000 Nottingham Park Light Upgrade, Phase II $ 190,000 Resurface Pickleball and Tennis Courts $ 100,000 TOTAL $ 1,090,000 ATTACHMENT B: DRAFT 2021 CIP PLAN Page 3 of 7 North Nottingham Park Improvements: Several projects have been discussed for the north shore of the lake to improve the guest experience at the popular beach area. Staff is requesting direction from Council regarding these proposed improvements. West Beaver Creek Blvd. On Street Parking Improvements: Beach guests have been allowed to park in the West Beaver Creek Blvd. bike lane. People have expressed concerns about the safety of families entering and exiting their vehicles and the potential conflicts with bicyclists and vehicles. These options are based on widening 1,600-FT of the Blvd where the vehicles currently park. Further widening is not recommended because the distance to the beach would become longer than the walk from the Recreation Center parking lot which does not fill up in the summer. There are 2 options to improve the guest experience and road safety: a. The north shoulder can be widened 10-FT and pave the surface with asphalt millings (recycled asphalt) allowing vehicles to park outside of the bike lane. This is the most cost-effective solution and preliminary estimated to cost $520,000 and provide 66 parking spaces. b. The north shoulder can be widened by 18-FT and designed similar to the West Benchmark Road parking project with diagonal parking outside of the bike lane. This solution is estimated to cost $1,000,000 and provide 122 parking spaces. Lot 16, Nottingham Beach Restrooms: Public restroom are proposed near the north parking lot, also known as Lot 16. The restroom location is recommended because of the proximity of water and sewer mains. Locations closer to the beach will significantly increase the cost since the utilities will have to be extended from the parking lot. $50,000 is proposed for design in 2021 and $450,000 for construction occurring in 2022. This is a very conceptual estimate and will be refined during the scoping and design process. Beach Expansion and Dock Relocation: Attachment C is a memo from Recreation Director John Curutchet that provides and overview of the need and benefit of expanding the beach area. The existing beach is very popular in the summer and Staff is proposing to expand it to the west. The dock will be moved from the southeast corner, by the stage, to the northside at the beach. Moving the dock includes installing a new anchoring system and 100-FT paved path which is required by the American with Disabilities Act. A new smaller, seasonal dock would be installed on the south side using the existing dock anchors and would be removed during the winter to not conflict with potential Nottingham Lake Ice Skating. West Beaver Creek Blvd. Parking $ 520,000 Nottingham Beach Restrooms $ 500,000 Beach Expansion and Dock Relocation $ 170,000 TOTAL $ 1,190,000 ATTACHMENT B: DRAFT 2021 CIP PLAN Page 4 of 7 East Nottingham Park Improvements The east Nottingham Park improvements focus on the redevelopment of the former Town Hall site and neighboring facilities. The following projects are envisioned for this area: Old Town Hall Demolition: Council has provided direction to proceed with bidding the demolition of the old Town Hall building which will be bid out later this year. Demolition of the Old Town Hall will allow for the construction of public restrooms and other improvements on the site. New Public Restrooms for Nottingham Park: Council has provided direction that additional public restrooms for Nottingham Park are desired to support events of 1,500 to 2,000 persons. The location of the new public restrooms would be on the old Town Hall site. The public restroom building is expected to include some additional storage space to support special events and may include other uses depending on the community design process and available funds. This project also includes improvements to the existing patio on the east side of the old Town Hall and replacement and upgrade of the retaining/seating wall along the recreation path. The project will be designed in 2021 for 2022 construction. Powerline Undergrounding: The power line on the south side of Nottingham Park is planned to be undergrounded as part of the redevelopment of the old Town Hall site. The project will be funded from the Holy Cross Community Enhancement Fund and will occur in conjunction with the public restroom project in 2022. Old Town Hall Demolition $ 525,000 Public Restrooms/Special Events Storage $ 935,000 Retaining Wall Replacement $ 150,000 Patio landscaping $ 100,000 Powerline Undergrounding $ 120,000 TOTAL $ 1,680,000 Cabin Remodel: This project includes a complete restoration and remodel of the Nottingham Park cabin. The remodel would provide an additional green room for the Avon Performance Pavilion that would include an ADA accessible bathroom with shower and a kitchen sink and refrigerator. The cabin would still be used by the Recreation Center for summer programs. The remodeled cabin would be available as a small community meeting space. The cabin has been modified over the years to the extent that any restoration is not eligible for state or federal historic preservation funds. The extent of deterioration of some logs and posts and general condition of the cabin means that a complete restoration and remodel will be the equivalent cost of building a new ATTACHMENT B: DRAFT 2021 CIP PLAN Page 5 of 7 structure. Staff believes the current size and location is ideal for a multi-use space for the Recreation Center programs, an additional green room for the Avon pavilion and potential public meeting or private event rental space. At the September 8th Council meeting, there was concern about the cost of the project. Staff is recommending we start with an analysis of the potential uses and remodel costs of the building. An architect will be retained with experience in remodeling historical structures to develop options and costs and then present to Council for direction. Town Hall 2nd and 3rd Floor Wall Changes: Use of Town Hall space and proposed adjustments have been discussed with Town Hall Staff since May 2019. This project was deferred by Council direction last spring; however, Council also provided direction to consider employee spacing for COVID-19 safety. Staff is recommending these adjustments to be completed before May 2021 because they will likely require three weeks of work which can be performed with the least disruption while we have more employees working remotely. The proposed design maximizes the reuse of the existing walls. The cost estimate of $100,000 is a place holder. Public Safety Building Parking Lot Canopy: Design of a canopy for a portion of parking at the public safety building is included. Fleet Facility Roof Membrane Replacement: Staff proposes this project as non-discretionary because the current roof membrane is leaking and has reached its useful life. This project was deferred from 2020 to 2021. Fleet Solar Panels: Staff is researching information on costs and benefits of installing solar panels and will present additional details at a future Council work session. East Beaver Creek Blvd Bus Stop near Piedmont Apartments: The Piedmont Apartment developers did not want a bus stop on the street fronting this apartment project. A permanent bus stop is contemplated to occur immediately to the west when East Beaver Creek Blvd is further improved. The closest bus stop is at Traer Creek Plaza. The buses only travel eastbound and Staff is exploring the placement of signage to the west of Piedmont Apartments to serve this residential population when they move in this fall as shown below. ATTACHMENT B: DRAFT 2021 CIP PLAN Page 6 of 7 Proposed Bus Stop Location Mobility Center Ice Mitigation Project: The north side of the building collects significant amounts of ice in the winter which blocks the emergency exits creating a safety hazard. Work includes roof modifications to direct the snow away from the exits and repairs roof leaks. Recreation Center HVAC Upgrade: The current HVAC system has reached its useful life and requires replacement. Recreation Center Phase 2 Design: This project as listed as a future effort. The Health and Recreation Committee is intended to provide guidance and assist with providing recommendations on community preferences for improvements and/or expansion of the Avon Recreation Center. Recreation Center ADA Parking: This project will move the location of all ADA parking to the west lot because of the winter icing issues at the current location. The project will require new ramps, sidewalks, pavement markings and signage. Planning West Main Street Mall: This project was deferred from 2019. It is anticipated to coordinate with development of the Lot B hotel site which has not yet pulled a building permit. The development of the Lot B hotel site has been deferred. Staff proposes deferring the planning work to 2021. Wildfire Mitigation: Staff is including a line item to work with private property owners in Wildridge for additional wildfire mitigation. O’Neil Spur Park Parking Lot Rebuild: This is planned for 2021. Staff recommends this project be completed in 2021. Avon Rd./ I-70 Overpass Pedestrian Safety Improvements: Design is currently in progress on this project and is expected to go out to bid in early 2021. Council previously approved this project. ATTACHMENT B: DRAFT 2021 CIP PLAN Page 7 of 7 Nottingham and Swift Gulch Retaining Wall Repairs: Staff recommends that this project be completed in 2021. Metcalf Road Retaining Wall Stabilization: Staff recommends that this project be completed in 2022. Annual Guard Rail Repair: This is an on-going project to replace guardrails which are 40 years old and do not meet current specifications. Buck Creek Road Repairs: This project has increased from $300,000 to $800,000 due to geotechnical analysis conducted this summer and resulting recommendations. Mikaela Way: Mikaela Way needs to be resurfaced. The deterioration is clearly visible and the project is proposed for 2021. Hurd Lane/Riverfront Lane Intersection Improvements and Study: Staff is researching potential options and developing cost estimates for presentation to Council on. West Beaver Creek Road: Hwy 6 to Avon Elementary: Staff recommends repaving this stretch of road in 2022. US Hwy 6 Crossing: Council has supported pedestrian crossing improvements near the Stone Creek Bridge bus stops on Hwy 6. USFS Road 779 Trailhead: This project is listed as TBD after Council reviews and discusses the Wildridge Community Survey. Project THOR: This project is listed as occurring in the future. Currently, the next round of Project Thor participation is not determined. Fiber – CDOT to Public Safety Facility: This project will improve telecommunications infrastructure that is related to Project Thor capacity and broadband improvements. Rail Road Bridge and Neighborhood LED Message Boards: This project installs LED message boards at various locations in Town. The last Community Survey and the recent Wildridge Community Survey indicate that message boards are the 2nd highest means of the community receiving information (2nd to the Vail Daily). The LED boards allow for greater flexibility than the current variable message boards. REQUESTED DIRECTION: Council direction is requested on this list of Capital Improvements Projects and whether there are other items that should be included on the list. Thank you, Justin and Scott ATTACHMENT A: Capital Improvements Project Long Range Plan ATTACHMENT B: Maps of the proposed Nottingham Park Projects ATTACHMENT C: Memo from Recreation Director John Curutchet Regarding the Beach Expansion and Enhancements ATTACHMENT B: DRAFT 2021 CIP PLAN CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Current Revised Proposed Actual Budget Budget Budget 2019 2020 2020 2021 2022 2023 2024 2025 REVENUES Real Estate Transfer Tax: Base Level 4,998,503$ 2,671,000$ 3,000,000$ 2,500,000$ 2,500,000$ 2,500,000$ 2,500,000$ 2,500,000$ Penalties and Interest 2,642 - - - - - - - Interest Earnings 162,316 75,000 90,000 50,000 30,000 30,000 50,000 75,000 Intergovernmental: Federal/State: DOLA - Broadband Grant - 50,000 25,000 - - - - - Level 3 DC Fast EV Charging Station - 30,000 30,000 - - - - - Local Government: Eagle County (Avon Station ECO Transit Shelter project)97,395 - - - - - - - Other Revenues: Project Cost Reimbursements 24,675 - - - - - - - Nonclassified 735 - - - - - - - Total Operating Revenues 5,286,266 2,826,000 3,145,000 2,550,000 2,530,000 2,530,000 2,550,000 2,575,000 Other Sources: Transfer in from General Fund - Assigned to Village at Avon Asphalt Overlays - - - 250,000 250,000 250,000 250,000 250,000 Transfer in from the AURA - Tract G Projects 375,000 700,000 700,000 700,000 700,000 700,000 700,000 700,000 Transfer in from Community Enhancement Fund - Powerline Undergrounding - - - 120,000 - - - - Total Other Sources 375,000 700,000 700,000 1,070,000 950,000 950,000 950,000 950,000 Total Revenues and Sources of Funds 5,661,266$ 3,526,000$ 3,845,000$ 3,620,000$ 3,480,000$ 3,480,000$ 3,500,000$ 3,525,000$ Projected ATTACHMENT AATTACHMENT B: DRAFT 2021 CIP PLAN CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Current Revised Proposed Actual Budget Budget Budget 2019 2020 2020 2021 2022 2023 2024 2025 Projected EXPENDITURES Capital Improvements: Facilities 1,102,773 1,911,881 1,397,756 1,664,840 1,000,000 - 300,000 - Land and Land Improvements 280,654 188,012 97,512 930,000 610,000 40,000 40,000 40,000 Roads and Streets 2,026,158 2,041,858 1,543,999 2,830,000 1,285,000 665,000 1,515,000 1,940,000 Water Fund Projects 122,962 470,697 575,697 - - - - - Communications and Technology - 350,290 350,290 250,000 - - - - Debt Service: Capital Leases - 2012 US Bank, Street Sweeper 16,803 - - - - - - - - 2014 US Bank, Plow Truck 26,279 26,279 26,279 26,279 - - - - - 2017 Commerce Bank, Plow Truck, Electrician Lift Truck 55,720 55,720 55,720 55,720 55,720 55,720 55,720 - Total Expenditures 3,631,349 5,044,737 4,047,253 5,756,839 2,950,720 760,720 1,910,720 1,980,000 Other Uses: Operating Transfers Out - General Fund: - Engineering Department Salary and Operations 240,111 247,314 247,314 254,733 262,375 270,247 278,354 286,705 Operating Transfers Out - Debt Service Fund: - 2010 COPs (ARTF)239,275 241,600 239,363 - - - - - - 2014B COPS (Street Improvements)320,582 318,613 318,613 322,493 320,069 322,494 319,616 320,587 - 2016 COPS (Public Safety Bldg.)448,075 449,825 449,825 449,375 448,575 447,675 443,675 449,525 - 2020 Refunding COPs - - - 195,517 192,414 194,323 196,183 190,993 Operating Transfers Out - Mobility Fund: - Diesel Buses (2) - - - 200,000 - - - - - Electric Buses (2) - - - 300,000 100,000 - - - Total Other Uses 1,248,043 1,257,352 1,255,115 1,722,118 1,323,433 1,234,739 1,237,828 1,247,810 Total Expenditures and Uses of Funds 4,879,392 6,302,089 5,302,368 7,478,957 4,274,153 1,995,459 3,148,548 3,227,810 Net Source (Use) of Funds 781,874 (2,776,089) (1,457,368) (3,858,957) (794,153) 1,484,541 351,452 297,190 Fund Balance, Beginning of Year 7,940,477 8,722,351 8,722,351 7,264,983 3,406,026 2,611,872 4,096,413 4,447,865 Fund Balance, End of Year 8,722,351$ 5,946,262$ 7,264,983$ 3,406,026$ 2,611,872$ 4,096,413$ 4,447,865$ 4,745,056$ ATTACHMENT AATTACHMENT B: DRAFT 2021 CIP PLAN CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Current Revised Proposed Actual Budget Budget Budget 2019 2020 2020 2021 2022 2023 2024 2025 Projected Fund Balances Restricted For: Asphalt Overlay 658,421$ 108,421$ 108,421$ -$ -$ -$ -$ -$ Assigned For: Asphalt Overlay - - - 358,421 608,421 858,421 1,108,421 (41,579) Tract G/URA Projects 337,048 340,000 475,000 940,000 290,000 815,000 515,000 715,000 Unassigned:. Unreserved 7,726,882 5,497,841 6,681,562 2,107,605 1,713,451 2,422,992 2,824,444 4,071,635 Total Fund Balances 8,722,351$ 5,946,262$ 7,264,983$ 3,406,026$ 2,611,872$ 4,096,413$ 4,447,865$ 4,745,056$ ATTACHMENT AATTACHMENT B: DRAFT 2021 CIP PLAN CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Proposed Estimated Total 2018 and Current Revised Project Cost Proposed Project Prior Yr.Actual Budget Budget To-Date Budget Project #CAPITAL IMPROVEMENT PROJECTS Budget Actuals 2019 2020 2020 2020 2021 2022 2023 2024 2025 Facilities: General Government Facilities: 11009 Town Hall Control System 10,715$ -$ -$ -$ 10,715$ 10,715$ -$ -$ -$ -$ -$ 11012 Tenant Finish Construction - NTH 4,774,516 4,699,516 165,337 8,500 8,500 4,873,353 - - - - - 11020 Fiber - Pavilion to NTH 70,000 - 46,192 23,808 23,808 70,000 - - - - - 11021 Level 2 EV Charging Station - NTH 5,000 - - 5,000 5,000 5,000 - - - - - 11022 New Town Hall Security 125,000 - - 150,000 125,000 125,000 - - - - - 11023 New Town Hall 2nd and 3rd Floor Updates 100,000 - - 100,000 10,000 10,000 100,000 - - - - Old Town Hall Site: 11019 Utility Upgrade 350,000 - 12,833 450,000 450,000 462,833 - - - - - New Asbestos Mitigation/Demolition 525,000 - - - - - 525,000 - - - - New Restrooms - Nottingham Park OTH Site 935,000 - - 85,000 - - 85,000 850,000 - - - New Patio Landscaping at OTH 100,000 - - - - - 100,000 - - - - New Retaining Wall / Seating Replacement OTH 150,000 - - - - - - 150,000 - - - Public Safety Facilities: New PSF Parking Lot Canopy Design 20,000 - - - - - 20,000 - - - - Public Works Facilities 13012 Cinder / De-icer Storage 300,000 - - - - - - - - 300,000 - New Swift Gulch Housing Design 120,000 - - - - - 120,000 - - - - Fleet and Transportation Facilities: 14010 Fleet Maintenance EPDM Roof Replacement 300,000 - - 300,000 - - 300,000 - - - - Fleet Solar Panels - - - - - - - - - - - New Bus Shelter - Piedmont Apartments 30,000 - - - - - 30,000 - - - - ARTF Ice Mitigation Project 80,000 80,000 14016 ARTF Solar Panels 258,258 215,750 42,508 - - 258,258 - - - - - 14017 Avon Station ECO Transit Shelter Project 120,000 - 97,395 - - 97,395 - - - - - Cultural and Recreational Facilities: 15018 Pavilion - Retractable Door/Stage Repair 322,928 32,228 219,967 70,733 70,733 322,928 - - - - - 15019 Pavilion - Deck Railing and Floor Replacement 395,000 - - 395,000 395,000 395,000 - - - - - 15020 Recreation Center Weight Room Expansion 500,000 - 456,983 24,000 3,565 460,548 - - - - - 15021 Recreation Center Locker Replacement 200,000 - - 200,000 220,435 220,435 - - - - - New Recreation Center HVAC Upgrade 250,000 - - - - - 250,000 - - - - New Recreation Center ADA Parking 10,000 - - - - - 10,000 - - - - New Metcalf Family Cabin Feasibility Analysis 20,000 - - - - - 20,000 - - - - Other Facilities: 19003 Predesign / Feasibility Study - Hahnewald Barn 135,000 106,015 25,398 - - 131,413 - - - - - 19005 2120 Saddle Ridge Loop (Fire Station) Improve.61,000 - 36,160 24,840 - 36,160 24,840 - - - - 19006 Level 3 DC Fast EV Charging Station - Tract A 75,000 - - 75,000 75,000 75,000 - - - - - Projected ATTACHMENT AATTACHMENT B: DRAFT 2021 CIP PLAN CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Proposed Estimated Total 2018 and Current Revised Project Cost Proposed Project Prior Yr.Actual Budget Budget To-Date Budget Project #CAPITAL IMPROVEMENT PROJECTS Budget Actuals 2019 2020 2020 2020 2021 2022 2023 2024 2025 Projected Land and Land Improvements: H.A. Nottingham Park Improvements 21016 Nottingham Park Zone C Improvements - Playground 872,266 751,616 30,549 - - 782,165 - - - - - 21022 Eagle River Whitewater Park Repair 245,758 31,390 184,368 30,000 30,000 245,758 - - - - - New Nottingham Park Light Upgrade- Phase 2 190,000 - - - - - 190,000 - - - - 21051 Nottingham Park Fitness Court 210,221 145,850 49,441 - - 195,291 - - - - - 21027 O'Neil Spur Park Improvements Design 20,000 - 1,988 18,012 18,012 20,000 - - - - - 21053 Resurface Pickleball Courts 100,000 - - 50,000 - - 100,000 - - - - 21054 Wildland Fire Mitigation 40,000 - 5,250 40,000 22,860 NA 40,000 40,000 40,000 40,000 40,000 21055 Powerline Undergrounding 120,000 - 9,058 - - 9,058 120,000 - - - 21059 Nottingham Park Benches 26,640 - - - 26,640 26,640 - - - - - New West Nottingham Park Improvements/Soccer Field 280,000 - - - - - 280,000 - - - - New O'Neil Spur Park Parkiing Lot Rebuild 100,000 - - - - - 100,000 - - - - New Restrooms - Nottingham Lake Beach 500,000 - - 50,000 - - 50,000 450,000 - - - New Beach Expansion and Dock Relocation 100,000 - - - - - 170,000 - - - - Roads and Streets: Streetscape Improvements: 31028 Post Blvd. Irrigation Wet Well 45,000 - 43,403 - - 43,403 - - - - - 31030 Mall Activation Elements 30,000 - - 30,000 30,000 30,000 - - - - - 31031 Avon Rd./I70 Overpass Safety & Pedestrian Imp.1,048,245 8,245 220 139,780 139,780 148,245 900,000 - - - - 31023 Metcalf Road - Retaining Wall Stabilization 80,000 - - - - - - 80,000 - - - Annual Street Maintenance and Repair: 32026 Retaining Wall Repairs - Nottingham & Swift Gulch Rd 150,000 - - 50,000 - - 150,000 - - - - 33219 Annual Guard Rail Repair 40,000 - 36,560 40,000 40,000 NA 40,000 40,000 40,000 40,000 40,000 34034 Nottingham Rd. Repaving 1,097,500 968,481 1,917 - - 970,398 - - - - - 33103 Eaglebend Dr. Resurfacing 225,000 - 1,040 223,960 223,960 225,000 - - - - - 32028 Yoder Ave. Asphalt Overlay 550,000 - 3,930 546,070 546,070 550,000 - - - - - 32034 Buck Creek Repairs 800,000 - - 300,000 - - 800,000 - - - - New Mikaela Way and Benchmark Rd.400,000 - - - - - 400,000 - - - - New Hurd Lane Intersection Improvements 20,000 - - - - - 20,000 - - - - New WB B/C Blvd - US Hwy 6 to Avon Elem.515,000 - - - - - - 515,000 - - - New Riverfront and Lake Street 450,000 - - - - - - - 450,000 - - New Upper Buck Creek 475,000 - - - - - - - - 475,000 - New Post Blvd.1,400,000 - - - - - - - - - 1,400,000 Street Improvements: 32021 West B/C Blvd. RR Crossing Improvements 231,621 31,621 199,111 - - 230,732 - - - - - 32029 Benchmark Rd. On-street Parking 600,000 - 37,952 562,048 562,048 600,000 - - - - - ATTACHMENT AATTACHMENT B: DRAFT 2021 CIP PLAN CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Proposed Estimated Total 2018 and Current Revised Project Cost Proposed Project Prior Yr.Actual Budget Budget To-Date Budget Project #CAPITAL IMPROVEMENT PROJECTS Budget Actuals 2019 2020 2020 2020 2021 2022 2023 2024 2025 Projected Multi-Modal/Alternative Mobility: 34033 East and West B/C Blvd. Street Rebuild 4,025,943 2,513,935 1,474,308 - 2,141 3,990,384 - - - - - Deleted Avon Road Signage 150,000 - - 150,000 - - - - - - - New US Hwy 6 Crosswalks 80,000 - - - - - - 80,000 - - - New West B/C Blvd./ Beach On-steet Parking Imp.520,000 - - - - - - 520,000 - - - 32030 Schematic Design / Final Design - W. Main Street 225,000 - - - - - - 50,000 175,000 - - New W. Main Street Mall Improvements 1,500,000 - - - - - - - - 1,000,000 500,000 Recreational Trails Program: 34037 Riverfront Trail Connector 220,000 10,698 227,717 - - 238,415 - - - - - New Nottingham Park Path Replacement - 1,000 ft 520,000 - - - - - 520,000 - - - Water Fund Projects: 21026 Nottingham Rd. Debris Flow Study and Improvements 425,000 41,341 122,962 260,697 260,697 425,000 - - - - - 21028 East and West Stormwater Quality Vault 315,000 - - 210,000 315,000 315,000 - - - - - Communications and Technology e-Gov.: 81011 Broadband 125,000 - - 125,000 125,000 125,000 - - - - - New Fiber - CDOT Hand hold to PSF 80,000 - - - - - 80,000 - - - - New RR Bridge LED Messaging Boards 75,000 - - - - - 75,000 - - - - New Permanent Variable Message Boards (3)75,000 - - - - - 75,000 - - - - New Mini-split NTH Data Center 20,000 - - - - - 20,000 - - - - 81015 Finance/Comm Dev. ERP System 225,290 - - 225,290 225,290 225,290 - - - - - Total Capital Improvement Projects 29,885,901$ 9,556,686$ 3,532,547$ 4,962,738$ 3,965,254$ 16,949,817$ 5,674,840$ 2,895,000$ 705,000$ 1,855,000$ 1,980,000$ ATTACHMENT AATTACHMENT B: DRAFT 2021 CIP PLAN Nottingham Park Improvements VICINITY MAP 900 ft N➤➤N © 2020 Google © 2020 Google © 2020 Google ATTACHMENT BATTACHMENT B: DRAFT 2021 CIP PLAN po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.orgTown of AvonZehren and Associates, Inc.West Nottingham Park ImprovementsMay 15, 2020Z E H R E NAND ASSOCIATESARCHITECTURE • PLANNING • INTERIORS LANDSCAPE ARCHITECTURE Overall Illustrative PlanArea CPark Entry PlazaArea D5QHVDCNN+PſGNFRailroad TracksExisting PathExisting Soccer FieldBus StopArea ABus Stop PlazaArea BSports Court WalkwayScale: 1” = 20’020’10’40’ATTACHMENT BATTACHMENT B: DRAFT 2021 CIP PLAN Nottingham Park Improvements NORTH IMPROVEMENTS 600 ft N➤➤N © 2020 Google © 2020 Google © 2020 Google ATTACHMENT BATTACHMENT B: DRAFT 2021 CIP PLAN Nottingham Park Improvements EAST IMPROVEMENTS 400 ft N➤➤N © 2020 Google © 2020 Google © 2020 Google ATTACHMENT BATTACHMENT B: DRAFT 2021 CIP PLAN 970.748.4059 jcurutchet@avon.org TO: Honorable Mayor Sarah Smith Hymes and Council Members FROM: John Curutchet, Recreation Director RE: Nottingham Beach Expansion and Enhancements DATE: September 30, 2020 SUMMARY: This report provides an overview of activity at Nottingham Beach and my perspective on the need and benefit of expanding the beach area. The Town of Avon Recreation Department opened Nottingham Beach May of 2014. The beach has increased in popularity each year since opening and has grown into a family friendly spot for Avon residents as well as a destination activity for visitors. This summer we experienced a significant increase in residents and visitors enjoying the beach due in part to increased demand for outdoor gathering areas caused by the COVID-19 pandemic and the change to the Avon’s alcohol policy to permit the general public to bring their own alcohol to Nottingham Park. The beach area often exceeded capacity with social distancing requirements. The Recreation Department has considered expansion of the beach area in the past, but it seems that the positive notoriety of Nottingham Beach more than tripled this summer and there is now strong public recognition that Nottingham Beach is a go to place to visit in the summer. This unique and special amenity that Avon is able to offer benefits our residents, draws many Eagle County residents to Avon, and is an important attraction for visitors in Avon’s lodging. Expanding the beach area would reinforce this amenity as well as Avon’s brand as a family friendly and outdoor oriented community. Included in the discussion of beach expansion is boat dock relocation. Currently, the boat dock resides on the south side of the lake. The boat dock is designed for the paddle boats and was previously used to stage paddle boat rentals before moving the rental location to the beach area on the other side of the lake. Relocating the boat dock to the north side will produce year-round benefits and significantly enhance summer rental operations. Staff proposes that a smaller seasonal dock should be installed at the current boat dock location. BACKGROUND: In the summer of 2015 the Recreation Department transitioned from operating pedal boat rentals from Nottingham cabin to a partnership with a third-party stand up paddle board rental company. That move increased our net revenue from $4,532 in 2014 to $8,669 the following summer. 2016 moved rental operations from the cabin to the beach, increasing net revenue to $15,725. Revenues and visitation continue to grow, but opportunities to further increase visitation and rental volume become challenging without beach expansion and relocation of the dock. Boat Dock with Paddle Boats - 2015 ATTACHMENT CATTACHMENT B: DRAFT 2021 CIP PLAN 970.748.4059 jcurutchet@avon.org ANALYSIS: Approving capital funds for beach expansion and dock relocation will produce many positive benefits for the Town. Benefits include but are not limited to the following: •Increased surface area of sand for more to enjoy the beach experience •Increased swim area in front of the expanded beach area •Replacing failed wetlands with sand enhances the overall look of the north shore •A more professional presentation of paddle boat and SUP rentals with a boat dock •Increased visitation to the beach area increases exposure potential to all the Town of Avon has to offer, (park, rec center, events, library, retail, bars, restaurants, etc.) •Ability to operate the beach during the Open Water Swim Championship •Ability to keep SUPs and boat rentals on the dock and freeing up sand space •Relocation of boat dock decreases conflicts with winter ice skating programs on the south side of Nottingham Lake FINANCIAL CONSIDERATIONS: The cost of the beach expansion and boat dock relocation is presented in the Capital Improvements Project Plan report. The improvement and increased capacity of Nottingham Beach is expected to have a direct benefit to Avon’s residents as well as reinforce this unique amenity as another attraction for Avon’s lodging. The indirect financial benefits are difficult to measure. It is reasonable to expect an increase of 10-20% in paddleboat and SUP rental revenues with a 50% expansion of the beach area [increase of $5,500 to $11,000]. Below is a Recreation Department financial report of historical rental operations from beach opening in 2014 to end of summer operations 2020. YEAR EXPENSE: REVENUE: NET REVENUE 2014 $23,028 $27,028 $4,532 2015 $0 $8,669 $8,669 2016 $0 $15,725 $15,725 2017 $0 $22,618 $22,618 2018 $0 $30,888 $30,888 2019 $0 $30,799 $30,799 2020 $0 $55,034 $55,034 ATTACHMENT CATTACHMENT B: DRAFT 2021 CIP PLAN 970.748.4059 jcurutchet@avon.org RECOMMENDATIONS: Staff recommends Council approve Capital Funds for the expansion of Nottingham Beach and the relocation and repurposing of the boat dock to the north side of Nottingham Lake. MANAGER’S COMMENTS: A Nottingham Park Plan formal document was adopted in 2008. Since that time Avon has embarked on substantial capital investments and policy changes to truly transfer Nottingham Park into a prized amenity for the Avon community. A series of planned, intentional and coordinated improvements are presented for the 2021 and 2022 which will bring Nottingham Park into its full maturity as the community amenity that was envisioned over a decade ago. The current beach is approximately 300’ in length. The beach expansion would be approximately 150’, or a 50% increase, in the beach area. Along with the Lot 16 public restrooms and parking improvements, the beach expansion will utilize this area for its potential and will be able to serve the Avon community for decades to come. The 2021 and 2022 Capital Improvements to Nottingham Park would bring the park to its full maturity, meaning that there is neither physical room nor identified community need for additional improvements. ATTACHMENT CATTACHMENT B: DRAFT 2021 CIP PLAN TO: Honorable Mayor Smith Hymes and Council members FROM: Drew Isaacson, Public Works Superintendent Gary Padilla, Public Works Director John Curutchet, Recreation Director RE: Nottingham lake Ice skating DATE: 10/15/2020 SUMMARY: This report provides an update on planned ice-skating operations on Nottingham lake for the ‘20/’21 winter season. Anticipated costs for the Nottingham Lake ice skating operations are also summarized. The image below outlines the proposed area of the ice sheet to be utilized for public ice skating. The plan is to move and consolidate all ice operations into one location (rentals, waivers, family rink, and hockey). BACKGROUND: The Avon Town Council provided direction to Staff to research reinstituting public ice skating on Nottingham Lake at the May 12, 2020 regular Council meeting. This subject has been discussed at length in two reports to Council dated 11-8-2019, and 4-2-2020. ANALYSIS: The above highlighted area is being suggested for snow removal and ice conditioning. It is roughly 50,000 sq ft. and will be conditioned in place of ice on the rec center lawn or upper field. Page 2 of 8 Public Works will remove the dock and store in the fenced area behind the parks garage. We are optimistic that we can accomplish this in one day with all hands on. The dock will be disassembled into manageable sections, towed to the boat ramp, picked up with the front-end loader, and transported to the south side of the parks garage for winter storage. The Town previously removed the dock for the winter when the Town provided public ice skating on the lake. Ice thickness will then be monitored until it complies with the recommended thickness found, as described in the memo to Council dated April 2, 2020 RE: Ice Rinks. These measurements will be taken in the method detailed in the memo. This required thickness will differ from, an assumed minimum 4” thickness for one employee in a Coldwater immersion suit taking initial ice measurements in early winter, to 10”-12” (dependent upon adoption of updated best management practices (Attachment B: Lake Ice BMP’s)) prior to allowing public on the ice sheet. We will conduct and RFP for 3rd party contractors to conduct snow removal. Snow needs to be removed promptly after snow fall to maintain the quality of the ice surface and existing Public Works Staff is fully occupied with snow removal on streets, sidewalks, parking lots and plazas. Snow will need to be completely removed from the ice sheet, onto the shore, due to the inherent weight of piled snow. From the data collected last year we anticipate that our season will last roughly 30 days from the first week of January to the first week February; however, temperatures vary substantially year to year. FINANCIAL CONSIDERATIONS: Maintenance and operating costs will be roughly $8,000-$12,000 per month. (Please note that there will likely be one month of maintenance prior to opening to the public). After reviewing this data along with the information provided by John C. (Attachment A: Ice Program), it is forecast to cost $30,000 to $40,000 to operate for roughly one month while the ice sheet is sufficiently strong. Ice preparation will likely start in mid-December, to open January and close early to mid-February. John Curutchet provided details on the operational side of this project including waivers, staffing, hours of operation, and rentals. Thank you, Drew Isaacson, Public Works Superintendent Page 3 of 8 Attachment A: Ice Program Nottingham Lake Ice Program Ice Rink Configuration: Hockey Rink plus open family skating area approximately 3-4 times the size of a hockey rink. Proposed Schedule: Two person staff. One for rental, one for ice oversight. Monday-Friday, (non-holiday week) 4p-8p Saturday 10a-8p Sunday 10a-6p Holiday week, if ice 10a-8p *Close at 7:30 if no skates are rented at the time Non-Holiday Cabin week staffing cost: $1,406/wk. Holiday week Cabin staffing cost: $2,516/wk. Skate supplies: $250 IT and administrative needs: $400 Projected cost with ice in December through mid-February: $14,118 Projected cost ice in January through mid-February: $ 9,086 Prices: o $8/hr. for skates o $4/hr. for double runners o $4/hr. for skate assist o $2 hot chocolate Needs: Computer, CC Swiper, Receipt Printer, Skate Assist (4), Signage by the lake, telephone at the cabin, floor mats from cabin to lake or benches at the lake or possibly purchase skate guards, propane tanks and firepit. Reporting: Create report after public ice skating season closes that includes expenses, revenues, skater count, ice thickness by day with temperature readings, and narrative describing the ice skating season. Page 4 of 8 Attachment B: Lake Ice BMP DRAFT Lake Ice Maintenance Best Management Practices This best management practice (BMP) has been developed based on Avon’s past practices and on the theory and experience of the Army Corps of Engineers, as documented in “Safe Loads on Ice Sheets” (1982). Supervisors in charge of ice maintenance shall insure that these procedures are followed and documented daily in the “lake ice log book” maintained by Public Works Staff and kept at 1 Lake Street. During winter, the following steps will be taken: A. Train all staff who will be involved in lake ice related activities in ice safety. B. Sample ice to determine if it is safe. C. Conduct routine ice maintenance activities when it is safe to do so. D. The Ice Depth Guidance Chart will be used as a general guide for equipment selection; due to the inherent natural variability in lake ice, staff must exercise their trained judgment when operating equipment across a variety of ice surfaces E. Emergency response as necessary. These general steps act as an outline for this BMP. A. Training All ice sampling and maintenance staff shall attend ice safety training prior to stepping out onto lake ice. 1. The Public Works Superintendent is responsible to schedule and attend ice safety training for all impacted Town of Avon staff. This includes staff from Public Works and other departments as appropriate. 2. Typically, such training involves 4-6 hours of in-class time and 4-6 hours of on-ice time. As such, training should be held during early winter. 3. Training shall include instruction in ice science, weather-related impacts, ice safety, and ice rescue. 4. Prior to the annual training, all sampling and maintenance activities should be conducted by staff who attended the previous years ice safety course. 5. All impacted staff is required to attend training every year. If someone can not make the scheduled annual training, the Superintendent shall find means to separately train that individual or shall restrict that individual from ice-related activities. 6. Attendance at annual training shall be documented; each attendee shall sign in and out. 7. Suggested trainers include the Gypsum Fire Protection District, and the Eagle River Fire Protection District. Page 5 of 8 B. Ice Sampling Procedure: 1. Work in teams of two or more. Never go out onto ice alone during early season sampling or maintenance. 2. Early season only • Public Works has 2 cold water immersion suits located at 1 lake Street that shall be worn while assessing initial ice integrity. • There are two 100’ throw bags located at 1 Lake Street that must be present while assessing initial ice integrity 3. Each person shall wear a personal flotation device during sampling (unless wearing a cold water immersion suit) 4. Each person shall carry a 30-ft long Coast Guard approved throw-bag 5. Each person shall carry a functional 800 Mhz radio 6. Sample ice about every 250ft throughout areas where snow removal maintenance is planned; vary sampling locations. Conduct a minimum of 10 sample locations. 7. Measure ice depth using a portable drill and a 1”-2” spade-bore bit or a 1.5” auger and a tape measure. 8. Stop drilling at point of transition between where it is easy to drill (minimal force needed) vs. hard to drill (significant force required) and measure depth of hole. Record this depth on the log to the transition point as “white ice”. 9. Complete drilling until liquid is reached; record total depth of hole. 10. All records shall be recorded in accordance with instructions located on Ice log sheet 11. Note any large cracks, wet areas, slushy areas in the daily log 12. Record daily temperatures on log: daytime high and nighttime low (thermometer on premises) 13. Record depth of new snow (if any) on log 14. Initial and date the daily log 15. Communicate findings with maintenance staff. 16. The Public Works Supervisor on-duty has the authority to determine whether the lake ice is safe for public or should be closed. 17. Note on log page areas planned to be open to public for that day. 18. Call the Recreation Department at 748-4060, to inform them of the areas that are planned to be open and by what time. 19. If the lake is to be closed to the public due to ice safety concerns: a. Install signs in English and in Spanish (Lake is Closed; Lago esta cerrado) b. Inform Avon’s Communications Manager, Liz Wood at ewood@avon.org (who will inform the public). C. Ice Maintenance All ice sampling and maintenance staff shall attend annual ice safety training prior to stepping out onto lake ice. 1. Select equipment consistent with Figure 1. 2. Work in teams of two or more. 3. Carry a throw bag and a radio 4. Wear an appropriately sized personal flotation device when operating a snow blower or other walk-behind device. Page 6 of 8 5. Do not store snow near cleared or treated surfaces. 6. Operate equipment at speeds of < 15 mph 7. Stay alert, look for ice quality inconsistencies. 8. Black or blue colored ice is solid; white colored ice is soft and will not support significant loads. 9. If temperature exceeds freezing for more than 24-hours, the ice loses strength (e.g., surface gets mealy); use next smaller piece of equipment available until surface re-freezes. 10. Listen for cracking noises. Most cracking noises are normal. Loud cracking noises indicate that the ice could be unstable. 11. If you encounter slushy or soft areas, do not proceed. Immediately and carefully move the equipment out of this area and return to firmer ice. 12. Remember that standing loads demand higher ice strength than moving loads. Do not stop vehicle in questionable areas Early Season (i.e., when ice thickness is 4” or more): 13. Determine which areas of the lake will be set up for particular public purposes (i.e., map out hockey rinks, public skating areas, etc.) 14. Clear 100% of area required for public use as soon as ice is thick enough to be cleared. 15. Mark and secure area with appropriate fencing and gates to restrict public access to hours of operation. Mid season (i.e., after there is more than 10” of ice on the lake on average) 16. Continue to clear 100% of area required for public use. Late season (i.e., until weather becomes too warm to maintain the ice safely, no matter how thick the ice is) 17. Begin to cut-back areas of the lake will be set up for particular public purposes based on ice conditions (i.e., edit map of hockey rinks, public skating areas, etc.); communicate ice programmed area changes to the Recreation Department 18. Continue to clear 100% of area required for public use. 19. The Public Works superintendent will make the determination as to when to suspend and close- out the lake ice program for the season. D. Ice Depth Guidance Figure See Figure 1. TOA recommended depth (solid line) has been based on information from the Maine Department of Fish and Wildlife. USACE (dashed line) was developed by the U.S. Army Corps of Engineers based on the following formula: h= 4*SQRT(P) where h= depth and P= total permissible vehicle load in tons. Page 7 of 8 Figure 1. Ice Thickness Chart E. EMERGENCIES: If you fall through the ice: • DON’T PANIC, remain calm. • Hold onto the ice edge if possible. Yell for help. If your co-worker falls through the ice: And you are alone; • Stay safe distance (e.g., 10-feet) away from the water’s edge. Keep your co-worker in sight. • Call for help using your radio. Be prepared with your name, location of incident, and type of incident. • Hold the loose (non bag) end of the rope while throwing the throw bag to the stranded individual, toss it near his/her head or shoulders, tell him/her to wrap it around his/her arm or chest, and keep him/her in sight. Keep trying until he/she has hold of the rope. • DO NOT try to pull him/her out. • Stay with victim until rescue teams arrive. And there are other co-workers with you; • Stay safe distance (e.g., 10-feet) away from the water’s edge. Keep your co- worker in sight. • Call dispatch for help using your radio. Be prepared with your name, location of incident, and incident type. If dispatch is unreachable, designate a co-worker to call 911. • Use the throw bag technique described in the above section. Keep trying until the worker in the Page 8 of 8 water has hold of the rope. • Send an additional staff member to retrieve the nearest AED (located on the N side of the stage) • Wait for rescue teams to arrive. If one or more of the employees on scene are trained in ice rescue, have an employee retrieve the ice rescue kit (cold water immersion suit, 100’ throw bag, sling, etc) which is labeled and located inside of the parks garage at 1 Lake Street. The trained individual may lead a rescue while awaiting emergency services arrival. If you are operating equipment that begins to fall through the ice: • Get off the equipment immediately • Move yourself (on foot) to an area that has already been cleared • Do not re-approach the stranded vehicle • Call for help using your radio and initiate equipment retrieval procedures: Call 911 and inform Vail Dispatch of the details of the situation; request assistance from Fire Department Ice Rescue Team Await FD arrival Work in groups of 3-4 Bring 800 Mhz radios and ice rescue kit All staff working on ice within 150-ft of stranded vehicle or ice penetration must have completed ice safety and rescue training within last 24 months and wear PFDs Documentation: Document all emergency incidents and close calls by immediately reporting to both your direct supervisor as well as the Human Resources department. 970.748.4013 idejong@avon.org 970.748.4087 ewood@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Ineke de Jong, Executive Assistant to the Town Manager Elizabeth Wood, Marketing & Communications Manager RE: Small Business Relief Program and Support Update DATE: October 21, 2020 SUMMARY: This report provides an update on our work to support small businesses this upcoming winter season based on council direction at the October 6 regular council meeting. UPDATES: The Avon Town Council expressed concerns that many Avon businesses are experiencing significant hardship and directed Town staff to establish an emergency relief grant program and start an active Avon winter marketing campaign. Covid-19 Avon Business Relief Program: The goal of the relief program is to support independently owned Avon businesses that have been impacted by the COVID-19 pandemic. Existing small businesses are vital to Avon's vibrancy, community services, and local economy. Town Staff researched Business Assistance Grant Programs in Frisco and Breckenridge and spoke with Vail Valley Partnership CEO Chris Romer. Staff also looked at State and Federal Financial Assistance Programs available to small businesses. Staff developed local grant application criteria based upon demonstrated financial hardship and appropriate use of the funds, and will award business relief funds in late November or early December 2020. The maximum grant amount per business is anticipated to be $5,000. There are over 400 separate businesses in Avon. Avon hopes to provide direct assistance to at least 60 businesses. Avon businesses will have to submit an application for this assistance program and show financial hardship and the impact of the pandemic on their business and explain how the assistance funds will be used. Examples for the use of funds are installing heated tents to permit restaurants to expand indoor seating for the winter (capacity building for on-going impacts), cost sharing with commercial landlords to provide rent relief or aid in the cost of COVID-19 related expenses/investments such as PPE and extra cleaning/sanitation staff (financial hardship). A draft application can be found in Attachment A. The purpose of this grant is to help businesses by providing immediate funds to pay for essential expenses with an ultimate goal of keeping Avon’s small businesses open throughout the COVID-19 pandemic. Winter Marketing: The results of the 2020 Summer Campaign can be found in Attachment B. Town Staff worked with Dennis McMahon and HyFyve on four campaigns targeting the visitors from the Front Range. All four campaigns generated a total of 4,554 clicks to the Discover Avon website. Town Staff reached out to HyFyve to discuss winter marketing opportunities with messaging around Avon being open, safe, and the perfect place to access great skiing at Vail and Beaver Creek. The proposed social media campaign would target the regional drive market in addition to select markets with direct flights to Eagle. The campaign is broken down into three phases: Holiday, Heart of Winter, and Spring Skiing. Having three areas of focus will allow us to update the content based on changing guidelines, as well as capture pandemic-relevant content this winter. Phase 1: Holiday will focus on outdoor recreation, dining, Page 2 of 2 lodging and transportation. Phase 2: Heart of Winter will focus on lodging, dining and regional mountain connectivity. Phase 3: Spring skiing will focus on spring amenities and recreation. The campaign would run on Facebook and Instagram from November 2020-March 2021. The metric for conversion for this campaign is website clicks. Although we want people to engage with social media posts, we ultimately want them to visit our website and then travel to Avon. The Discover Avon website will be updated with winter content, including information about winter amenities and content marketing about what to do while you’re in Avon this winter. Additionally, capturing winter video content will enhance all phases of the campaign, from the website landing page to social media content used in ads. FINANCIAL CONSIDERATIONS: Staff suggests that Avon assigns $190,000 from reserves. $150,000 for the Business Relief Program and $40,000 for the Avon winter marketing campaign. Staff applied for a $150,000 grant through the Coronavirus Relief Fund (CVRF), Reserve Fund Set-Aside Program. Funding decisions are at the discretion of the DOLA Executive Director. We understand that we may receive notification on grant awards from DOLA on November 2, 2020. Thank you, Ineke ATTACHMENTS: Attachment A: Avon Business Relief Program Application Form Attachment B: 2020 Summer Marketing Campaign Results COVID-19 Avon Business Relief Program Application The Avon Town Council seeks to support independently-owned Avon businesses who have been impacted by the COVID-19 pandemic, as they are a vital part of what makes Avon such a vibrant and thriving community. The purpose of this grant is to help businesses by providing immediate funds to pay for essential expenses with an ultimate goal of keeping Avon’s small businesses open throughout the COVID-19 pandemic. Businesses will be eligible to receive up to $5,000 in grants. Program Conditions and Details 1.Applicant business must have a current and valid Town of Avon business license and be up-to-date with Avon sales tax. 2.Applicant business must have a physical location within the Town of Avon’s commercially zoned area from which business operations are conducted. 3.Applicant business must not be a publicly traded corporation, nor be owned by, controlled by, or a subsidiary of a publicly traded corporation, nor be an entity that has more than five million dollars ($5,000,000) in annual gross revenues, nor be owned by, controlled by, or a subsidiary of any such entity. Introduction Business Name_______________________________________ Phone_______________________________________ Business Address___________________________________ Contact Person_________________________________ Title__________________________________ Email_____________________________________ How long has this business been in Avon____________________________________ Do you have locations outside Avon______________________________________ Financial Overview Please provide the following documentation: •December 31, 2019 Balance Sheet •2020 Monthly Balance Sheets through August Have you applied and/or received any local and/or federal relief since March? Please explain why or why not, and if applicable, provide a description of relief applied for and/or received, including amounts and interest rates (if applicable). _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ ATTACHMENT A COVID-19 Avon Business Relief Program Application _____________________________________________________________________________________________ _____________________________________________________________________________________________ COVID-19 Impact In 2020, how many days has your business been closed unexpectedly due to the pandemic?____________________ Describe any staffing changes that have taken place due to the pandemic, beginning in March through present day. _____________________________________________________________________________________________ _____________________________________________________________________________________________ Please provide a 200-word narrative on the impact of COVID-19 on your Avon business. Please include details about how your business model has evolved in response to the pandemic. _____________________________________________________________________________________________ _____________________________________________________________________________________________ Please provide a detailed description of how these funds will be used to help your business remain open and benefit the public. _____________________________________________________________________________________________ _____________________________________________________________________________________________ How much funding are you requesting from the Town of Avon? ATTACHMENT A (970) 748-4087 ewood@avon.org 2020 Summer Marketing Campaign Snapshot | Total Cost $14,497 Facebook Campaign Results The goal of this campaign was to target Front Range audiences to drive summer tourism to Avon. The objective for all four campaigns was to increase lead generation to the discoveravon.org website. Between July 9th and September 11th, the four campaigns generated a total of 4,554 clicks to the website. The average cost per click was $0.41 across all four campaigns. The national average cost per click for the hospitality/travel industry on Facebook is $0.63. •Total Reach (number of people who saw the ad at least once): 186,032 •Total Impressions (number of times the ad was on screen): 398,409 The ads were set up to distribute on the best performing outlet (Facebook vs. Instagram). Facebook the top performing platform. Even though the objective was to drive traffic to the website, the Discover Avon Facebook page did see an increase in likes and followers. Over the duration of the campaign the page received 52 new likes and 56 new followers. Four campaigns targeting the Front Range (in order of top performance): 1.Video Campaign 2. Professionals/Retirees 3.Families 4.Biking/Hiking Campaign (Launched on August 10th) Video Campaign - Example of one of the ad sets for this campaign The top performing campaign for link clicks was the video campaign with 2,100 total link clicks. The most link clicks for this ad set was from the 21 - 65+ individuals in Denver, Ft. Collins, Colorado Springs, and Boulder with a mountain sport focus (e.g. downhill mountain biking, cross-country cycling, etc.). This audience was the inspiration behind creating a more targeted campaign for hiking/biking campaign. Men were the more engaged audience across all ad sets: 1,364 clicks from men and 732 clicks from women (please note: a few users were uncategorized, which accounts for the difference in total ad clicks). The top two age categories for men was 25 - 34 and then 35 - 44. The 55 - 64 age group was the most engaged from women. Professionals/Retirees - Example of one of the campaign ads sets for this audience In second place for link clicks, was the retirees/professionals campaign with 1,467 clicks. This audience did come in first place for post reactions with 255 across all ad sets. Between professionals and retirees, the retirees audience generated more link clicks. Of the retirees (65+) in Denver, Ft. Collins, Colorado Springs, and Boulder men accounted for a majority of the website clicks, women for the majority of the post reactions. For the professionals, the focus was on targeting remote workers in Denver, Ft. Collins, Colorado Springs, and Boulder. Audience job titles included: lawyer, wealth management, investment consultant, etc. Again, men reacted strongly with the majority of the link clicks coming from the professional audiences ages 35 - 44 and 45 - 54. Families - Example of one of the campaign ad sets for this audience ATTACHMENT B Page 2 of 2 This audience generated 646 link clicks. The highest number of clicks and reactions came from the grandmother demographic (women 65+) in Denver, Ft. Collins, Colorado Springs, and Boulder. This campaign was the most expensive with a cost-per-click coming in at $0.70/click. In an effort to increase clicks on this campaign, we created new ad sets with diversified copy and imagery. Ultimately, we reduced this daily campaign budget, and distributed it to the hiking/biking campaign on August 10th. Hiking/Biking - Example of one of the campaign ad sets for this audience The hiking/biking campaign was launched on August 10th. Users were directed to this landing page on the Discover Avon website: Biking and Hiking Trails. Between the hiking and biking campaigns, the biking campaign was the top producer with 258 website clicks, and 48 reactions. This audience was targeted toward 24 - 65+ year olds in Denver, Ft. Collins, Colorado Springs, and Boulder who had an interest in: racing bike, mountain biking, cross-country cycling, sing track (mountain biking), etc. Men in the 45 - 54 year age range and 35 - 44 range generated the most link clicks. For the hiking campaign, women 65+ generated the most link clicks and females 55 - 64 generated the most reactions. Overall, between all four campaigns we reached a very broad demographic in the Front Range audience. The top link clicks came from men ages 25 - 44. Followed by women 65+. The most post engagements came from 55 - 65+ year old women. Vail Daily Campaign Results The final report from the Vail Daily shows 328 total clicks and a CTR of .11%. Also, they estimated that 891 front range residents saw our ads and then passed through one of our "conversion zones" (Main St Mall, City Market, Beaver Creek Village, Nottingham Park). ATTACHMENT B AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 6, 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 was connected but away at the moment of the roll call. Councilor Jake Wolf was absent. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Police Chief Greg Daly, 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: 00:00:35 Part One Mayor Smith Hymes announced that tonight's meeting is live via Zoom but not broadcasted live on TV5. The recording will be available on the High Five Media website tomorrow and will be broadcasted on channel 5 this Friday October 9th at 8:00 a.m. No changes were made to the agenda. Councilor Underwood moved to approve the agenda as presented. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Wolf was absent. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:02:09 Part One Councilor Thuon asked to recuse himself from agenda item 5.6 Discussion of Winter Restaurant Operations as he is involved in agreements and negotiations about heating the winter tents. Town Attorney Paul Wisor confirmed that Council previously voted on this conflict of interest and there was no need to vote again. 4. PUBLIC COMMENT Video Start Time: 00:03:03 Part One Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email for public comments. Kristi Ferraro commented on the attempted recall election and that recalls seem to become more common and instead recalls need to be rare and not used without reason as a political weapon. She suggested we reform the recall rules in the Town of Avon as it’s too easy. She also encouraged the male Councilors to support the women on Council. Kim Schlaepfer commented on the pedestrian safety near her home in River Oaks. She said it is disappointing to see the entire stretch of the South side of Highway 6 unable to be used as Avon strives to be a walkable community and she asked Council to please consider the improvement of this infrastructure. Matt Sherr announced he is up for reelection together with Kathy Chandler-Henry. He mentioned his website www.mattscherr.com. He said it is really easy to register to vote or check your registration at www.govotecolorado.gov. His last point is that the Census 2020 has been extended until the end of October and that there is a tremendous opportunity to get more Federal and State’s support if we have a more AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 6, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE accurate count. Visit www.2020census.gov to participate in the Census. Rachel Zacher, who also lives in the River Oaks complex, expressed she supports Kim Schlaepfer's statement from earlier about pedestrian safety. Mark G wanted to comment about the parking on West Beaver Creek Boulevard. He also asked about the political signs. Town Attorney Paul Wisor explained the sign code for the Town per Town ordinances. Signs on private property are up to the owner. Michael Cacioppo responded to Ms. Ferraro's comments about recalls happening too much and it being a sexist issue. He expressed that both claims are false and mentioned a few of the reasons. Kathy Chandler-Henry made a comment saying she is currently serving as an Eagle County Commissioner and she is up for reelection for her second term. She expressed appreciation for partnerships with Town of Avon and explained her priorities for transparency, climate change and recovery. Her website is www.commissonerkathy.com. Mark G joined the meeting again and asked to clarify when the parking will be discussed. Craig Ferraro made a comment about the recall election and the stage and how much he appreciates the hard work from Council. He also appreciates trying to control the timeline of the meeting and thanked Council members for serving. 5. BUSINESS ITEMS 5.1. JOINT MEETING OF CULTURAL ARTS AND SPECIAL EVENTS WITH COUNCIL (CASE MANAGER DANITA DEMPSEY) Video Start Time: 00:37:58 Part One Town Manager Eric Heil presented option A which assumes the current Public Health Order conditions and option B which assumes no Public Health Orders are in effect and a scenario where we can return to unrestricted public event gatherings. Mayor Smith Hymes welcomed the members of the CASE committee participating in this discussion tonight: Chair Lisa Mattis, Kathy Ryan, Ruth Stanley, Timothy Haley, Pedro Campos, and Jason Denhart. Mayor Smith Hymes asked to move Town Clean-up Day away from memorial weekend and thought we should think of pop-up music in other places instead of just the Main Street Mall. Councilor Prince expressed concern about the ticketed event and expenses for that. Mayor Pro Tem Phillips asked to scale back Salute to the USA until we know what winter tax revenues for the Town look like. CASE committee member Jason Denhart said "scalability/adaptability is key and it's easier to scale down than to scale up". Mayor smith Hymes asked for public comments and Barry Robinson commented. He has an idea to support young kids in the valley that are musicians to play 15/20 minutes on the stage as some pop-up music to give them some experience. AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 6, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE After Council and CASE committee members discussion, Town Manager Eric Heil wrapped up saying he heard consensus we will present option B without the expense or revenue of the Heart & Soul festival proposal. The idea for this ticketed festival deserves continued discussion with the new Council in the new year. 5.2. WORK SESSION ON CAPITAL IMPROVEMENTS PROJECTS PLAN (ASSISTANT TOWN MANAGER SCOTT WRIGHT AND TOWN ENGINEER JUSTIN HILDRETH) Video Start Time: 01:33:32 Part One Town Engineer Justin Hildreth, Assistant Town Manager Scott Wright, and Mobility Director Eva Wilson presented. Town Engineer Justin Hildreth said the memo is a follow up from the last Capital Improvements Projects Plan (CIP) work session and he highlighted some improvements scheduled in the park including the on-street parking on West Beaver Creek Boulevard. Councilor Wolf joined the meeting at 6:37 p.m. Councilor Wolf asked about the ADA access on the dock. Councilor Prince suggested to have another dock. Councilor Underwood said she would like to hear from the vendor. Mayor Pro Tem Phillips suggested to have a community survey. Recreation Center John Curutchet joined the meeting and answered questions from Council regarding the dock. Town Engineer Justin Hildreth explained the parking options presented in the packet. One option is parallel parking out of the bike lane (66 spaces) or another option is diagonal parking which creates more space (120 spaces). Mayor Smith Hymes asked for public comments and Mark G, resident of Beaver Bench, commented on the smell of the restrooms around the lake. Staff confirmed the location at Lot 16 is not exact, but restrooms will have the same proximity to residences as in the current restroom situation and restrooms will be maintained closely. We have not received complaints about porter potty smells this summer. He also commented on the parking and he raised an idea to make it paid parking in winter and make it free parking in summer. Kathy Ryan asked Council to be cautious about over activating the lake and to be more considerate as we seem to just keep developing and now there are too many people for this limited resource. She expressed concern over the health of the lake and the damage to the lake's wildlife. Sarah Straub, resident of Beaver Bench, made a comment about the parking. She said she observed too many people on the lake and on the beach this summer. She said we need preservation and maintenance and the lake is a pond, not Lake Michigan. She asked not to touch the parking situation, we already overbuilt the stage. Barry Robinson had several suggestions. He asked if there could be changing rooms and showers in addition to the restrooms. He suggested a sprinkler/fountain area for kids or perhaps a second beach on the other side of the lake or more picnic tables on the North side by the path. He also inquired about building parking on the railway line. AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 6, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE Ruth Stanley commented that people speed on the road through this residential area. She is against the parking as more cars mean more traffic and more speeding. Town Manager Eric Heil confirmed we will do a survey, or a community outreach meeting and we will revisit the approach on how to make the existing parking safer and get input from the neighborhood. One option is to direct more people to park at the elementary school during the summer when the school is closed, as Councilor Fancher suggested. Councilor Underwood and Mayor Smith Hymes had more CIP questions. Council agreed to move on and keep those questions for further discussion at the budget retreat on Oct 30th. 5.3. PUBLIC HEARING FOR RESOLUTION NO. 20-26 RIVERFRONT FINAL PLAT/MAJOR SUBDIVISION FOR TRACT 5D, RIVERFRONT SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 00:00:01 Part Two Planning Director Matt Pielsticker and Jim Telling were present to answer Council questions. The preliminary subdivision was previously approved, and the final subdivision is before Council now. Mayor Smith Hymes asked for public comments and no public comments were made. Councilor Underwood moved to approve Resolution 20-26 Approving a Final Subdivision for Tract 5D, Riverfront Subdivision. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. 5.4. RESOLUTION NO. 20-27 SUPPORTING COLORADO RIVER DISTRICT BALLOT QUESTION Video Start Time: 00:03:55 Part Two Town Attorney Paul Wisor explained the resolution before Council. Mayor Smith Hymes asked for public comments and no public comments were made. Councilor Fancher moved to approve Resolution 20-27 thereby expressing Town Council’s support for the passage of Colorado River Water Conservation District Ballot Issue 7A. Mayor Pro Tem Phillips seconded the motion and the motion passed 6 to 1. Councilor Wolf voted no. 5.5. WORK SESSION: DIRECTION TO PROCEED WITH FULL-TIME PERMIT TECHNICIAN POSITION IN COMMUNITY DEVELOPMENT DEPARTMENT (TOWN MANAGER ERIC HEIL) Video Start Time: 00:07:54 Part Two Councilor Prince made a motion to remove this item from the agenda. This motion was amended. Councilor Prince moved to remove item 5.5 Direction to proceed with full-time permit technician position in community development department from the agenda since Council should not be involved in this staff level decision/item and to request staff to instead bring it back to Council as a budget amendment. Councilor Wolf seconded the amended motion and the motion passed unanimously. Mayor Pro Tem Phillips reminded Council to request removing this from the agenda at the approval of the agenda next time and not when the item is up next. AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 6, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 5.6. WORK SESSION: DIRECTION ON AVON RESTAURANT DINING EXPANSION AND TENTS (TOWN MANAGER ERIC HEIL) Video Start Time: 00:16:07 Part Two Councilor Thuon recused himself from item 5.6 discussion, he stayed connected but muted and video turned off. Town Manager Eric Heil explained staff hosted a virtual meeting for restaurant owners and visited several restaurants on site. The majority of restaurants felt the tents were cost prohibitive for the added capacity, guest would not like to dine in them or not a good option for other reasons and not a viable and meaningful support from the Town. A majority expressed that extra skier buses and extra marketing would be appreciated. Town Manager Eric Heil made three suggestions for Council consideration: 1) a direct payment to restaurants and allocating a dollar number and dividing it by tax contributions. 2) repeat the meal voucher program and make them available to certain neighborhoods and on an as-needed basis. 3) create an Avon Business Grant needs program for rent reductions, cost of cleaning, or other unique Covid-19 costs, allocate a dollar amount and assign criteria to show hardship or how to use the money, similar to our yearly community grants process. Mayor Smith Hymes favored a simple grant application process. Town Attorney Paul Wisor explained that government dollars spent to help private businesses need to have a public purpose. Keeping businesses afloat during hardship is a public purpose but we can't just give money away without specific cause. Councilor Wolf suggested that the Town could purchase the tents and heating pads and these assets could be used for events and heating the stage afterwards. Mayor Pro Tem Phillips made a side note where she would like to reward restaurants that use compostable containers. Several Councilors felt the grant program should be open to all Avon businesses, not just restaurants. Councilor Prince wondered how to define hardship because it is different for different businesses and he would prefer to take a "wait and see" approach and he would prefer a lot of small help (vouchers) instead of a few big helps. He expressed no support for a grant program today unless there is another round of shutdowns. After Council discussion, the consensus was that Town staff needs to put together an application process and set parameters to define "hardship". Staff will come back to Council with a budget amendment to allocate an amount for this program. Town Manager Eric Heil confirmed we will target to be ready to roll this out by early November. 5.7. WORK SESSION: CONCESSIONAIRE LICENSE FOR LAKESIDE TERRACE (TOWN MANAGER ERIC HEIL) Video Start Time: 01:03:37 Part Two Discussed as item 5.8. Town Manager Eric Heil explained the terrace has been used more this summer than in years past. There is a proposal to put out an RFP for a Concessionaire License to "run" the terrace next summer. Councilors discussed they don’t want to commercialize the terrace and they don’t want to add competition so if anything, this should be current Avon businesses only. They discussed food trucks and having a sample "taste of Avon" sample food tasting idea in the park by the SUP rental stand or on the terrace. They also agreed a concessionaire will not solve the "teenagers jumping off the railing problem". Council Consensus was to not move forward with a concessionaire license. Mayor Smith Hymes asked for public comments and no public comments were made. AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 6, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 5.8. RESOLUTION 20-28 APPROVING EASEMENT WITH HOLY CROSS ENERGY (TOWN ENGINEER JUSTIN HILDRETH) Video Start Time: 01:00:51 Part Two Discussed as item 5.7. Councilor Thuon rejoined the meeting at 8:53 p.m. Town Engineer Justin Hildreth confirmed he does not anticipate an issue like we recently experienced at the West Avon Preserve because they already have a general contractor on site who is responsible of doing most of the work and Holy Cross has minimal work, essentially just moving a transformer and pulling new cables. Mayor Smith Hymes asked for public comments and no public comments were made. Councilor Underwood moved to approve Resolution 20-28 approving Holy Cross Energy Underground Right-Of-Way Easement and Trench, Conduit, and Vault Agreement for the Nottingham Park Utility Improvements Project and direct the Town Attorney to finalize easement language with Holy Cross. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. Councilor Wolf got disconnected at 9:15 p.m. 6. MINUTES 6.1. APPROVAL OF MINUTES FOR SEPTEMBER 22, 2020 COUNCIL MEETING (Town Clerk Brenda Torres) Video Start Time: 01:24:20 Part Two Councilor Underwood moved to approve the minutes from September 22, 2020 regular Council meeting. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Wolf was absent. 7. WRITTEN REPORTS 7.1. Cabrini Day (Human Resources Director Lance Richards) 7.2. COVID-19 Community Grants Update (Communications Manager Elizabeth Wood) 7.3. Parking Enforcement (Chief of Police Greg Daly) 7.4. Upper Eagle Regional Water Authority Sept 24, 2020 Meeting Summary (Mayor Smith Hymes) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 01:25:24 Part Two Councilor Thuon reminded everyone to please vote and to please continue to wear face masks. Mayor Pro Tem Phillips commented that she attended part of the Eagle Air Alliance meeting and we are at 90% of last year's airline capacity. There were more people in private planes visiting this summer. All flights routes will continue this winter except for Salt Lake City which is not for a lack of demand but for resource reasons as the plane used for that route was taken out of commission. Overall, the Airline industry (as most of the travel industry) has seen shorter booking timeframes. AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 6, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE Councilor Prince made a comment about USFS Rd 779. Council received a lot of written comments about this issue. Town Manager Eric Heil and Mayor Smith Hymes confirmed they are meeting with the new Forest Service ranger this week and he explained there is a lot of business to finish by the end of the year and agendas are full so the next Council at the beginning of the new year will have to discuss further. We are not anticipating any changes now, and more discussion in winter 2021. Councilor Prince said there is still a lot of uncertainty out there on status. Town Manager Eric Heil confirmed we will work on communication on current efforts and Council picking up the discussion in early 2021. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:26 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 AVON SPECIAL MEETING MINUTES TUESDAY OCTOBER 20, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 1. CALL TO ORDER AND ROLL CALL The meeting was hosted in a virtual format, using Zoom.us. Mayor Smith Hymes called the special meeting to order at 5:01 p.m. A roll call was taken and Council members present by video/audio were Amy Phillips, Tamra Underwood, Scott Prince, and Jennie Fancher. Councilors Chico Thuon and Jake Wolf were absent. Also present were Town Attorney Paul Wisor, Police Chief Greg Daly, Town Manager Eric Heil, Executive Assistant to the Town Manager Ineke de Jong, and Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:32 Mayor Smith Hymes moved Council comments after public comments so that Council do not have to come back to this Zoom meeting after the Executive Session. Councilor Thuon joined the meeting right after roll call at 5:02 p.m. Councilor Underwood moved to approve the agenda as amended. Mayor Pro Tem Phillips seconded the motion and the motion passed by a vote of 6 to 0. Councilor Wolf was absent. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:58 Councilor Prince asked to be recused from agenda items 5.1 and 6.1 as this is the exact type of work he does and he cannot be involved. Councilor Fancher and Councilor Thuon also asked to be recused for the same items. Councilor Fancher's husband has a potential buyer and Councilor Thuon also has a potential buyer. Town Attorney Paul Wisor explained there will be no Council action on these items so moving forward with just three Councilors (no quorum), with three Councilors recused and one Councilor absent is fine. Councilor Underwood, given the Ethics Code 2.30.060 Subsection 8, whereby a Town officer shall no perform any official act under circumstances which give rise to appearance of impropriety on the part of the officer, moved to allow Councilor Prince to recuse himself from agenda items 5.1 and 6.1. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 5 to 0. Councilor Wolf was absent and Councilor Prince abstained from the vote. Councilor Underwood, given the Ethics Code 2.30.060 Subsection 8, whereby a Town officer shall not perform any official act under circumstances which give rise to appearance of impropriety on the part of the officer, moved to allow Councilor Fancher to recuse herself from agenda items 5.1 and 6.1. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 5 to 0. Councilor Wolf was absent and Councilor Fancher abstained from the vote. Councilor Underwood, given the Ethics Code 2.30.060 Subsection 8, whereby a Town officer shall not perform any official act under circumstances which give rise to appearance of impropriety on the part of the officer, moved to allow Councilor Thuon to recuse himself from agenda items 5.1 and 6.1. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 5 to 0. Councilor Wolf was absent and Councilor Thuon abstained from the vote. AVON SPECIAL MEETING MINUTES TUESDAY OCTOBER 20, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 4. PUBLIC COMMENT Video Start Time: 00:17:08 Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email for public comments. Tom Ruemmler commented about the recall petition and stated it is a misdemeanor to suppress a recall petition. There was incorrect information in the paper about Real Estate Transfer Tax and the recall being called a waste of Avon city resources. He expressed that the information to the public is one-sided and that’s not ethical. Michael Bell made a comment saying he has questions about former Colorado World Resorts and asked where can he find more information about the exact situation. Matthew Abramowitz commented he will continue to advocate for a sidewalk and bus stop on Hwy 6 near Colorado World Resorts as it impacts everybody living there. He expressed that the new developer should work with CDOT. Michael Cacioppo made a comment that he has three complaints against Mayor Pro Tem Phillips. He said first, she admitted knowing illegal voters in Avon and to do nothing about it. Second, she has attempted to suppress first amendment rights of petitioners. And third, she has abused her power and used Town of Avon stationary to go after someone at Mein Haus, accusing someone of not wearing a mask at their home. Kim Schlaepfer commented she echoes Matt’s statement about walkable/bikeable access on the South side of Hwy 6. Jennie Fancher made a comment as a citizen. She expressed she is infuriated at the rudeness of Mr. Ruemmler and everyone doing the recall petitions and how they have harassed people going to the post office, including her daughter, who is not even old enough to vote. Amy Phillips wanted to speak as a candidate. She expressed she is running for Council and would like people to be understand what her platforms are, what she has done in the past, and her plans for the future. She provided her email, Amy4avon2020@gmail.com, for people to reach out to her for more information. She expressed she is excited to run and to continue to work for the Town of Avon. She closed her comment saying she understands how government works and that petitioning on the United States Post Office property is in violation of laws above Avon and that is important for everyone to realize. Alberto Balcazar, an Edwards Resident, said he called in to represent the truckers that moved the dirt from the lot at former Colorado World Resorts and they have not been paid in months. AVON SPECIAL MEETING MINUTES TUESDAY OCTOBER 20, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 4B. MOVED ITEM: MAYOR AND COUNCIL COMMENTS Video Start Time: 00:36:22 Councilor Thuon suggested everyone chooses the high road tonight through the meeting and hold on tight. Mayor Smith Hymes wanted to raise awareness about tracking the status of your ballot. She encouraged everyone to sign up for Colorado.ballottrax.net. If you ballot gets rejected for any reason, you can go see the Eagle County Clerk in person to get it counted. Councilor Prince asked about the timeframe of notification if a signature is rejected. Town Attorney Paul Wisor said if a ballot is rejected, the voter gets notified shortly right after so the voter can cure the ballot before election day. Mayor Smith Hymes clarified that if you sign up for Ballottrax, you will get notified on every step of the process. Councilor Underwood expressed that the Eagle County Clerk Recorder’s Office is using the Avon Town Council Chambers as a voter service center and to drop off ballots, in addition to the 24 hours drop off box at the north side of the Annex building. She mentioned that it is not run by the Town of Avon. Town Attorney Paul Wisor clarified that before Monday the polling center at the Annex building was an appropriate location, so ballots dropped off there before Monday will still be counted. Councilor Thon explained there are 2 ballots to fill out and return this year. 5. BUSINESS ITEMS 5.1. DISCUSSION REGARDING SITE SECURITY; SITE RESTORATION AND ANTICIPATED NEXT STEPS FOR PROPERTY LOCATED AT 38388 HIGHWAY 6 (FORMERLY COLORADO WORLD RESORTS PROPERTY) (ANDY SHOPNECK, PINETREE FINANCIAL) Video Start Time: 00:43:37 Councilor Fancher got disconnected for this agenda item at 5:45 p.m. Councilors Prince and Thuon turned off their audio/video for this agenda item at 5:45 p.m. Town Manager Eric Heil gave a brief summary and introduced Andy Shopneck with Pine Tree Financial, who joined the virtual meeting to provide an update. Andy Shopneck said since they foreclosed on the project there have been many challenges to go with this. Right now, the number one priority is security of the site and he said a new fence will be installed tomorrow through a different contractor. He said his small company looked at finishing it or selling it, it is too big to pursue themselves, but the good news is they have received an LOI (Letter of Intent) with a group today on a contract for the site. This group is now doing their due diligence. Councilor Underwood thanked Andy Shopneck for being a ‘present’ owner of the site and congratulated him on the LOI. She asked him to speak to schedule/timeline and various safety concerns. Mayor Pro Tem Phillips agreed with these comments. He said that one of their goals is to get rocks and items that were placed above the bus stop removed and go over the wall integrity. Another goal is to close this year and start construction in the spring. Councilor Wolf joined the meeting at 5:58 p.m. AVON SPECIAL MEETING MINUTES TUESDAY OCTOBER 20, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Mayor Smith Hymes also expressed concern with the look as we are a resort community and this is at the entrance of Avon and Beaver Creek. She asked Andy Shopneck is they would consider a kind of fence that mitigates the abandoned look issue. He believes the fence to be installed is tennis court like with the green screen to block the sight. Councilor Underwood asked Andy Shopneck whether the new developer will pay vendors that haven't been paid. He said it's too premature to talk about this issue. Mayor Smith Hymes asked for public comments. Ruby Nevarez commented he is also a trucker living in Edwards. He has been digging the hole and hauling dirt and has not been paid for almost a year. He asked who he should reach out to about getting paid. Andy Shopneck explained that the Pine Tree Financial Partners group is dealing with safety and in the info gathering stage right now. Matthew Abramowitz echoed that saying he is hopeful that contractors will get paid. He asked if the East side of the property will get secured and not only the bus stop. He thanked Andy Shopneck and congratulate him about the LOI. He mentioned the sidewalk once again. Town Attorney Paul Wisor told Rudy Nevarez that he can reach out to him if he has any more questions. Councilor Underwood said Happy Birthday to Mrs. Hix who made a big impact on the community. Councilor Wolf asked what we have learned and how we can prevent this from happening again. Mayor Smith Hymes said she shares this concern and it should be a topic for a future agenda. Town Manager Eric Heil said staff is working on a list of tasks/goals for 2021 and revisiting grating permits to avoid something like this and look at the development standards for grating. Town Attorney Paul Wisor explained staff takes this situation seriously and is looking at solutions for the future. Councilor Underwood expressed she brought up these exact issues eighteen months ago and she is very upset about the situation at hand. She informed the public that the Town does hold a $209,000 security deposit that can be used for particular things, but not all. Councilor Wolf agreed with her comments. 6. EXECUTIVE SESSION ROUND 6.1. FOR THE PURPOSE OF RECEIVING LEGAL ADVICE AND FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND INSTRUCTING NEGOTIATORS, WITH RESPECT TO 38388 HWY 6 DEFAULT PURSUANT TO § 24-6-402(4)(B) AND (E) (TOWN ATTORNEY PAUL WISOR) 6.2. FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS , DEVELOPING STRATEGY FOR NEGOTIATIONS, AND INSTRUCTING NEGOTIATORS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND INSTRUCTING NEGOTIATORS WITH RESPECT TO PROPOSED AFFORDABLE HOUSING TRANSACTION PURSUANT TO § 24-6-402(4)(E) (TOWN ATTORNEY PAUL WISOR) Video Start Time: 01:20:57 AVON SPECIAL MEETING MINUTES TUESDAY OCTOBER 20, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Mayor Smith Hymes announced this is the end of the public meeting. The time was 6:22 p.m. Mayor Smith Hymes made a motion to move into Executive Session. There was a short pause to bring back Councilors Prince, Fancher and Thuon. They rejoined the meeting at 6:23 p.m. Mayor Smith Hymes made another motion to move into Executive Session for the purpose of receiving legal advice and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and instructing negotiators, with respect to 38388 Hwy 6 default pursuant to § 24-6-402(4)(b) and (e) AND for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and instructing negotiators, developing strategy for negotiations, and instructing negotiators with respect to proposed affordable housing transaction pursuant to § 24-6-402(4)(e). Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Wolf did not vote. The time was 6:26 p.m. The Executive Session was hosted in a virtual format, using Zoom.us. Council members present for agenda item 6.1 were Mayor Smith Hymes, Amy Phillips, and Tamra Underwood. Councilor Jake Wolf was absent. Councilors Jennie Fancher, Scott Prince, and Chico Thuon were recused from this item. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, and Executive Assistant to the Town Manager Ineke de Jong. Executive Session item 6.1 started at 6:33 p.m. Executive Session item 6.1 ended at 7:09 p.m. There was a short pause to wait for Councilors Prince, Fancher and Thuon to join the Zoom meeting. Councilor Wolf also joined at that moment. Council members present for agenda item 6.2 were Mayor Smith Hymes, Amy Phillips, Tamra Underwood, Chico Thuon, Jennie Fancher, Scott Prince, and Jake Wolf. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, and Executive Assistant to the Town Manager Ineke de Jong. Executive Session item 6.2 started at 7:13 p.m. Executive Session item 6.2 ended at 7:50 p.m. 7. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the special Council meeting. The time was 7:50 p.m. AVON SPECIAL MEETING MINUTES TUESDAY OCTOBER 20, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: Brenda Torres, Town Clerk APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Jake Wolf Chico Thuon Jennie Fancher Scott Prince Tamra Underwood PLANNING AND ZONING COMMISSION MEETING ABSTRACT TUESDAY, OCTOBER 6, 2020 1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON HARDY) Chairperson Lindsay Hardy called the regular meeting to order at 5:05 p.m. A roll call was taken, and Planning Commission members present were Rebecca Smith, Jared Barnes, Donna Lang, Sara Lanious, and Steve Nusbaum. Also present were Town Planner David McWilliams and Planning Director Matt Pielsticker. 2. APPROVAL OF AGENDA Action: Commissioner Nusbaum motioned to approve the agenda. Commissioner Lang seconded the motion and it carried unanimously 5-0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX-PARTE COMMUNICATION RELATED TO AGENDA ITEMS Commissioners Smith and Hardy noted a conflict with item 4.1 and recused themselves. 4. BUSINESS ITEMS 4.1. 358 & 368 RIVERFRONT LANE LANDSCAPING - LOT 6 & 7 RIVERFRONT SUBDIVISION MODIFICATIONS TO THE PLAN AS REQUIRED IN TOWN COUNCIL AND PZC CONDITIONS OF APPROVAL FOR MJR20005. (TOWN PLANNER DAVID MCWILLIAMS & JIM TELLING AND PEDRO CAMPOS) Action: Commissioner Nusbaum motioned to approve the Conditions of Approval. Commissioner Lanious seconded the motion and it carried unanimously 4-0. Commissioner Nusbaum left the meeting. 4.2. MNR20025 & AEC20006 MINOR DEVELOPMENT PLAN AND ALTERNATIVE EQUIVALENT COMPLIANCE - LOT 33B BLOCK 3 WILDRIDGE 4571 FLAT POINT- APPLICATION FOR A FENCE WITH MESH WIRE FOR ANIMAL CONTROL (TOWN PLANNER DAVID MCWILLIAMS AND ROHN ROBBINS) PUBLIC HEARING Public Comment: Dominic Mauriello and Dominique Morrone commented on the application. Action: Commissioner Barnes motioned to table the AEC. Commissioner Lanious seconded the motion and it carried unanimously 5-0. Action: Commissioner Barnes motioned to table the MNR. Commissioner Smith seconded the motion and it carried unanimously 5-0. 4.3. MNR20038 & AEC20007 MINOR DEVELOPMENT PLAN AND ALTERNATIVE EQUIVALENT COMPLIANCE- LOT 49A BLOCK 4 WILDRIDGE 5161 LONGSUN LANE – APPLICATION FOR A FENCE WITH MESH WIRE FOR ANIMAL CONTROL (TOWN PLANNER DAVID MCWILLIAMS AND SUE GILLIES) PUBLIC HEARING Action: Commissioner Smith motioned to approve AEC20007 with the following findings: 1. The proposed application was reviewed pursuant to §7.16.120, Alternative Equivalent Compliance; 2. The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard; 3. The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard; 4. The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard; and 5. The proposed alternative does not impose greater impacts on adjacent properties than would occur through compliance with the specific requirements of the Code. Commissioner Lang seconded the motion and it carried 3-2 with Commissioners Hardy and Lanious voting in opposition. Action: Commissioner Smith motioned to approve MNR20038 with the following findings: 1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), Design Review. 2. The design meets the development and design standards established in the Avon Development Code; 3. The application is complete; 4. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 5. The application complies with the goals and policies of the Avon Comprehensive Plan; 6. The demand for public services or infrastructure exceeding current capacity is mitigated by the application; and 7. The design relates the development to the character of the surrounding community. Commissioner Lang seconded the motion and it carried 3-2 with Commissioners Hardy and Lanious voting in opposition. 5. CONSENT AGENDA 5.1. SEPTEMBER 1, 2020 MEETING MINUTES 5.2. SEPTEMBER 15, 2020 MEETING MINUTES 5.3. SUB20004 – 330 RIVERFRONT LANE PRELIMINARY SUBDIVISION 5.4. CONDITIONS OF APPROVAL – LCE200001 AND TEN19001 – 950 WEST BEAVER CREEK BOULEVARD EXTERIOR MODIFICATIONS Action: Commissioner Barnes motioned to approve the Consent Agenda. Commissioner Smith seconded the motion and it carried unanimously 5-0. 6. STAFF UPDATES Action: Staff updated the Commission on some development projects and the future timeline of meetings. 7. ADJOURN There being no further business before the Commission adjourned the meeting at 7:12 p.m. These meeting minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office. RESPECTFULLY SUBMITTED: _________________________________ David McWilliams, Town Planner FISCAL YEAR 2020 FINANCIAL REPORT October 27th, 2020 ______________________________________________________________________________________ 1.Financial Report Cover Memo 2.Sales and Accommodations Tax Reports – August 3.Accommodations Tax Report – August 4.Tobacco Tax & Cigarette Tax – August 5.Real Estate Transfer Tax Report and Monthly Detail – August 6.Recreation Center Admissions – August 7.Recreation Center Program Fees - August 8.General Fund Year-To-Date Expenditures - August 9.Fleet Maintenance Fund Year-To Date Expenditures - August 10.Mobility Fund Year-To Date Expenditures - August To: Honorable Mayor Sarah Smith Hymes, Avon Town Council From: Joel McCracken, Senior Accountant Date: October 27th, 2020 Agenda Topic: Fiscal Year 2020 Financial Report – August Data Revenues SALES TAX Sales tax revenue for the month of August totaled $683,538.19, a 1.97% increase from the previous year and a 24.90% 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. Monthly sales tax collections by industry compared to one year ago have increased $7,959.47 for Home/Garden, $25,705.74 for Grocery‐Specialty‐Health, $796.33 for Sporting Goods Retail‐Rental, $5,362.76 for Miscellaneous Retail, $6,163.57 for Liquor Stores, $3,647.00 for E‐Commerce Retail, $2,303.91 for Construction Related Materials, $1,944.72 for Digital Medial Suppliers/Sellers, and $34.35 for Special events. Monthly sales tax collections have decreased by $11,158.97 for Accommodations, $19,730.63 for Restaurants/Bars, $2,248.18 for Other, $9,459.76 for Service Related, $4,833.92 for Manufacturing/Wholesale, and $369.82 for Commercial and Industrial Equipment. Year‐to‐date sales tax revenues through August have decreased 4.59% over the previous year, which is $264,545.18 under the previous year, $280,053.50 under the original budget estimates, and $755,979.71 over the amended budget estimates. ‐ 50,000.00 100,000.00 150,000.00 200,000.00 250,000.00 Sales Tax Comparison by Industry Aug‐19 Aug‐20 2 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 August show a positive variance of 15.96% over the cumulative monthly budgets, and accommodation tax revenues through August show a positive variance of 38.23% over the cumulative monthly budgets, and Recreation Program Fee revenues show a positive variance of 29.50% 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 August show a negative variance of 57.37%. ‐ 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 6,000,000.00 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 August Business License ‐ Fixed Location 19 Business License ‐ Home Occupation 0 Business License – Special Event 6 Business License ‐ Short Term Accommodation 22 Business License ‐ Vendor 54 Contractor License 8 Sales Tax License 25 Grand Total 134 ACCOMMODATIONS TAX Accommodations tax revenue for month of August totaled $101,457.62, a 7.94% decrease from the previous year and a 71.33% 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 August have increased for vacation rentals by $910.63 compared to the previous year. Monthly accommodations tax collections decreased $3,149.15 for time shares and $8,363.99 for hotels compared to the previous year. Year‐to‐date accommodations tax revenues through August have decreased 22.66% over the previous year, which is $240,517.53 under the previous year, $246,804.60 under the original budget estimates, and $227,048.40 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 Time Shares Hotels Vacation Rentals Accommodation Tax by Type Aug‐19 Aug‐20 4 TOBACCO TAX and CIGARETTE TAX Tobacco Tax (40% rate) revenue for the month of August totaled $22,980.58 a 49.41% increase from the previous year. Year‐to‐date tobacco tax revenues through August have increased 61.00% over the previous year, which results in a positive variance of 28.43% compared to the original budget estimates. Cigarette Tax revenue for month of August totaled $25,701.00, an increase of 318.50% from the previous year as the number of packs sold has increased 4,081. Year‐to‐date cigarette tax revenues through August have increased 25.67% under the previous year and show a positive variance of 6.58% 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 August Aug‐19 Aug‐20 5 REAL ESTATE TRANSFER TAX Real estate transfer tax collections for the month of August totaled $608,328.36, an increase of 52.07% from the previous year and a positive variance of 152.59% 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 August have increased 16% over the previous year, which is $298,749.17 over the previous year and $714,660.69 over the original budget estimates. Real Estate Transfer Tax (RETT) Transactions Aug RETT Transactions which paid 2% tax 19 RETT Exemptions for Primary Residence 4 RETT Exemptions for Full Exemption 12 Deed Restricted & Tax Exempt 3 Grand Total 38 $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 2016 2017 2018 2019 2020 Year Real Estate Transfer Tax for August 6 RECREATION CENTER ADMISSIONS August admission fees totaled $23,879.29 a 66.12% decrease from the previous year. This is a 67.21% negative variance compared to the monthly original budget and a 57.37% 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 August have decreased 56.28% over the previous year, which is $315,690.90 under the previous year, $311,242.77 under the original budget estimates, and $184,104.29 under the amended budget estimates. RECREATION CENTER PROGRAM FEES August program fees totaled $64,082.29 which is a 28.21% increase from the previous year. This is a 29.50% positive variance compared to the monthly original budget and 82.39% 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. $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,000 2016 2017 2018 2019 2020 Recreation Center Admissions August 2020 7 Year‐to‐date recreation program fee revenues through August have decreased 17.08% over the previous year, which is $45,625.86 under the previous year, $49,160.84 under the original budget estimates, and $29,353.97 over the amended budget estimates. Expenditures General Fund expenditures through August 2020 total 59.75% 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 August 2020 total 50.98% of the total budget. These costs include expenditures of stock parts, fleet maintenance, debt service interest, and insurance premiums. Mobility funds expenditures through August 2020 total 26.20% of the total budget. These expenditures include costs of diesel, fleet maintenance, equipment replacement, capital lease payments, and insurance premiums. $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 2016 2017 2018 2019 2020 Recreation Center Program Fees August 2020 TOWN OF AVONSALES TAX 2020 Actual vs. Budget Budget YTD Collections Budget % of change % change 2015 2016 2017 2018 2019 2020 2020 Variance from 2019 from BudgetJanuary 765,195.68$ 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 572,647.57 593,398.26 618,515.44 639,569.12 670,351.82 547,264.35 683,538.19 136,273.84 1.97% 24.90%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$ 5,493,700.52$ 755,979.71$ -4.59% 15.96% Actual Collections$540,000$560,000$580,000$600,000$620,000$640,000$660,000$680,000$700,0002016 2017 2018 2019 2020YearSales Tax Collections for August 2020 TOWN OF AVONACCOMMODATIONS TAX 2020 Actual vs. Budget Budget YTD Collections Budget % change % change 2015 2016 2017 2018 2019 2020 2020 Variance 2019 to budgetJanuary 164,361.04$ 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 59,218 101,457.62 42,239.24 -7.94% 71.33%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$ 820,886.40$ 227,048.08$ -22.66% 38.23%0.88 0.97 1.00 0.90 1.80 Actual Collections $- $20,000 $40,000 $60,000 $80,000 $100,000 $120,0002016 2017 2018 2019 2020Accommodations Tax Collections for August 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 22,980.58 7,599.35 49.41% 28.43%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$ 160,000.00 127,480.72$ 32,916.73$ 61.00%38.39%Budget 160,000.00 Variance, Favorable (Unfavorable) (32,519.28)$ Actual Collections$0$5,000$10,000$15,000$20,000$25,0002016 2017 2018 2019 2020Tobacco Tax Revenue for August 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 25,701.00 19,559.85$ 318.50% 254.94%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$ 169,905.42$ 34,700.43$ 25.67%6.58%Budget 225,000.00 Variance, Favorable (Unfavorable) (55,094.58)$ Actual Collections$0$5,000$10,000$15,000$20,000$25,000$30,0002016 2017 2018 2019 2020Cigarette Tax Revenue for August 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 152,380.93 186,483.40 592,467.49 343,249.80 400,027.60 240,835.14 608,328.36 208,300.76 52.07% 152.59%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$ 2,165,887.52$ 298,749.17$ 16.00%49.25%Budget 2,671,000.00 Variance, Favorable (Unfavorable) (505,112.48)$ Actual Collections$0$100,000$200,000$300,000$400,000$500,000$600,000$700,0002016 2017 2018 2019 2020YearReal Estate Transfer Tax for August TOWN OF AVONRECREATION CENTER ADMISSION FEES 2020 Actual vs. Budget Budget YTD Collections Budget % of change % change 2015 2016 2017 2018 2019 2020 2020 Variance from 2019 from BudgetJanuary 62,607.00$ 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 22,389.96 (34,340.18) -74.71% -60.53%August 63,233.00 66,388.60 76,558.30 73,573.10 70,491.40 56,015.12 23,879.29 (32,135.83) -66.12% -57.37%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$ 245,253.29$ (184,104.29)$ -56.28% -42.88%.Actual Collections $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,0002016 2017 2018 2019 2020Recreation Center Admissions 2020 TOWN OF AVONRECREATION CENTER PROGRAM FEES 2020 Actual vs. Budget Budget YTD Collections Budget % of change % change 2015 2016 2017 2018 2019 2020 2020 Variance from 2019 from BudgetJanuary 23,252.13$ 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 64,082.29 28,947.23 28.21% 82.39%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$ 221,576.26$ 29,353.97$ -17.08% 15.27% Actual Collections $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,0002016 2017 2018 2019 2020Recreation Center Program Fees August 2020 Dept./Div. 2020 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget General Government: 111 Mayor and Town Council 267,662$ 835$ 184,968$ 81,859$ 69.42% 112 Boards and Commissions 19,649 - 8,074 11,575 41.09% 113 Town Attorney 155,000 86,942 78,929 (10,871) 107.01% 115 Town Clerk 132,860 2,622 80,347 49,891 62.45% 121 Municipal Court 145,994 4,031 83,841 58,122 60.19% 131 Town Manager 416,526 - 253,846 162,680 60.94% 133 Community Relations 209,967 10,505 118,672 80,790 61.52% 134 Economic Development 183,250 5,606 105,317 72,327 60.53% 136 Special Events 517,984 43,381 220,270 254,334 50.90% 137 Community Grants 92,000 - 86,260 5,740 93.76% COVID-19 286,206 12,179 285,748 (11,721) 104.10% Total General Government 2,427,098 166,100 1,506,272 754,726 68.90% Human Resources Department: 132 Human Resources 576,509 31,645 343,251 201,613 65.03% Finance & IT Department: 141 Finance 981,820 24,486 629,694 327,640 66.63% 143 Information Systems 452,604 39,030 290,035 123,539 72.70% 149 Nondepartmental 498,771 109,913 405,354 (16,495) 103.31% Total Finance & IT 1,933,195 173,429 1,325,083 434,683 77.51% Total General Gov't Departments 4,936,802 371,173 3,174,606 1,391,023 71.82% Community Development: 212 Planning 310,293 10,449 194,396 105,448 66.02% 213 Building Inspection 185,515 861 115,698 68,957 62.83% Total Community Development 495,808 11,310 310,094 174,405 64.82% Police Department: 311 Administration 830,189 31,501 523,807 274,881 66.89% 312 Patrol 2,887,652 53,220 2,000,282 834,150 71.11% 313 Investigations 319,366 2,024 197,813 119,529 62.57% Total Police 4,037,207 86,745 2,721,903 1,228,560 69.57% Public Works: 412 Engineering 268,254 3,661 170,003 94,590 64.74% 413 Roads and Bridges 2,359,138 130,429 1,529,043 699,666 70.34% 415 Parks 453,975 60,697 162,109 231,169 49.08% 418 Buildings & Facilities 1,212,537 82,898 694,693 434,945 64.13% Total Public Works 4,293,904 277,685 2,555,849 1,460,371 65.99% Recreation Department: 514 Administration 269,711 11,259 167,812 90,640 66.39% 515 Adult Programs 43,082 - 16,580 26,502 38.48% 516 Aquatics 580,842 16,573 315,346 248,924 57.14% 518 Fitness 69,903 - 31,724 38,179 45.38% 519 Guest Services 316,416 4,451 168,128 143,838 54.54% 521 Youth Programs 188,797 994 88,568 99,235 47.44% 523 Community Swim Program 159,636 1,126 75,629 82,881 48.08% Total Recreation 1,628,387 34,401 863,787 730,199 55.16% Contingency - - Operating Transfers 2,025,000 - - 2,025,000 0.00% - TOTAL OPERATING EXPENDITURES 17,417,108$ 781,313$ 9,626,238$ 7,009,557$ 59.75% Department Expenditure Summaries General Fund August General 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$ 37,662$ 933,589$ 934,030$ 50.98% Total Operating Expenditures 1,905,281 37,662 933,589 934,030 50.98% TOTAL EXPENDITURES 1,905,281$ 37,662$ 933,589$ 934,030$ 50.98% Expenditure Summary Fleet Maintenance Enterprise Fund August 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$ 13,025.42 199,737$ 65,169$ 76.55% 432 Mobility Operations 3,144,688 2,604 647,166 2,494,918 20.66% 436 Wash Bay 179,309 5,316 114,377 59,616 66.75% 437 Mobiltity Programs 379,838 1,000 60,123 318,715 16.09% Total Operating Expenditures 3,981,766 21,945 1,021,403 2,938,418 26.20% TOTAL EXPENDITURES 3,981,766$ 21,945$ 1,021,403$ 2,938,418$ 26.20% Expenditure Summary Mobility Enterprise Fund August 2020 Expenditures to Date 970.748.4014 nburns@avon.org TO: Finance Committee Members FROM: Nelly Burns, Senior Accountant RE: 3rd Quarter RETT Sales and Exemption Report DATE: October 22, 2020 SUMMARY: The 3rd quarter of the year normally has the highest amount of real estate exemption activity of the year. Three Primary Residence exemptions were approved in June. Type of Exemption 1st Q 2nd Q 3rd Q 4th Q TOTAL Section (17) 5 1 11 17 Section (18) 0 0 0 0 Section (19) 0 2 9 11 TOTAL 5 3 20 0 28 The following chart shows the 3rd quarter sales by month sold, sales amount and the RETT exemption. #1 July #2 July #3 July #4 Aug #5 Aug #6 Aug #7 Aug #8 Aug #9 Aug #10 Aug $660,000 $1,190,000 $455,000 $339,000 $345,000 $343,500 $760,000 $672,500 $330,000 $313,000 (19) $4800 (17) $3200 (17) 3200 (17) $3200 (17) $3200 (17) $3200 (17) $3200 (19) $4800 (19) $4800 (19) $4800 #11Aug #12 Aug #13 Sept #14 Sept #15 Sept #16 Sept #17 Sept #18 Sept #19 Aug #20 Aug $419,000 $260,000 $450,000 $1,275,000 $850,000 $325,000 $1,381,000 $299,000 $428,000 $525,000 (19) $4190 (19) $4800 (19) $4800 (17) $3200 (17) $3200 (17) $3200 (17) $3200 (17) $2990 (19) $4800 (19) $4800 The chart (below) shows the RETT activity for 3rd quarter 2020 in dollars. Actual RETT 2020 July August September Total RETT Revenue $218,340 $699,954 $638,746 TOTAL Exemptions 34,990 9,600 24,160 Total RETT 253,330 709,554 662,906 Total Sales $12,666,500 $35,447,770 $33,145,300 By comparing the average RETT over 3 years, you can see that Actual RETT activity greatly increased in 3rd Quarter 2020 by approximately 37% in July, 50% in August, and 49% in September. 3-Year Average RETT 2018-2020 2018-2020 2018-2020 July August September Total RETT Revenue $159,824 $466,118 $429,770 TOTAL Exemptions 27,363 14,450 17,424 Total RETT 187,187 480,568 447,194 Total Sales $9,359,360.50 $24,028,394 $22,359,703.33 Summary of Primary Residence RETT Exemption under Avon Municipal Code Section 3.12.060 Exemptions Section (17) Section (18) Section (19) Amount $160,000 $160,000 $240,000 Home Value Cap None None $700,000 Eagle County Employee N/A Yes Yes Page 2 of 2 Affidavit of Primary Residence Yes Yes Yes Promissory Note 1 year 1 year 3 years Lien Yes Yes Yes 970.748.4413 mpielsticker@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Matt Pielsticker, AICP, Planning Director RE: Update on West Avon Preserve Trails Restoration DATE: October 20, 2020 SUMMARY: This report provides Council with updates regarding the trail restoration project at the West Avon Preserve (“WAP”). The Avon Singletree Connector and Saddleridge multi-use trails were both affected this spring when Holy Cross Electric’s (“HCE”) accessed the property to perform power line upgrade work. UPDATES: With the assistance of the Vail Valley Mountain Trails Alliance (“VVMTA”), a reroute plan was produced for sections of the Avon Singletree Connector and Saddleridge trails. The plan avoids previous HCE road alignments to the extent possible. The plan avoids future potential conflicts with HCE maintenance activities, and also results in a more favorable trail user experience staying on single-track trails. The HCE Board of Directors approved paying for approximately one half the cost of the trail reconstruction at its meeting on October 9, 2020. The trail realignment and reconstruction work is currently under review by the Eagle Valley Land Trust in accordance with the terms of the Conservation Easement on the WAP. TIMELINE: August 21 – Trails Plan and flagged alignments completed by VVMTA September - Western Biology, LLC hired to perform a Penstemon survey (“PEHA”) of the trail corridor to evaluate trail alignments on Penstemon habitat. Results attached to this report. September 30 – Full funding request made to HCE by Town Manager to compensate for all planning, review, and construction of the reroute plan October 2 – PEHA study completed by Western Biology, LLC. October 9 – Reroute plan and PEHA results provided to Eagle Valley Land Trust (“EVLT”) for review. October 9 - HCE board approves up to $27,500 cost share for project. October 12 – Request for Proposals sent to list of qualified trail builders and posted to website. October 20 – On-site meeting and review of trail alignments with VVMTA, EVLT, and Town staff. October 26 – Proposals for trail construction due. November – Potential Trail Construction BACKGROUND: HCE performed maintenance work on the WAP last spring. The “on the ground” utility work included the use of heavy equipment to (re)grade historic access roads to access select pole locations which substantially damaged portions of trails. COST ESTIMATES: Trail planning by VVMTA $0* Western Biology PEHA survey $3,452 (actual) Eagle Valley Land Trust Staff Review $1,750 - $2,500 (est.) Eagle Valley Land Trust Legal $730 (est.) Realignment for Sec 1 & 2 by VVMTA volunteers $0* Trail Construction $40,000 - $50,000 TOTAL $45,932 - $56,682 *Estimated value of VVMTA work is $6,500 Thank you, Matt 970.748.4413 mpielsticker@avon.org 970.748.4059 jcurutchet@avon.org Financial and Activity Report 2020 Avon Recreation Department 1. Financial Report Cover Memo 2. Recreation Department Year to Date and Third Quarter Revenue Comparison 3. Historical and Third Quarter Expense Comparison 4. Average Daily Visitation 5. Average Daily Visitation By Program 6. Bright Spots 970.748.4059 jcurutchet@avon.org WRITTEN REPORT TO: Honorable Mayor Sarah Smith Hymes and Council Members FROM: John Curutchet, Recreation Director RE: Third Quarter Financial Report DATE: October 15, 2020 REVENUES: Recreation Department revenues year to date 2020 totaled $538,648. Same date totals from 2019 reached $927,912, a decrease of 42%. Revenue from third quarter 2020 came in at $217,784, up against third quarter 2019 revenues, $344,831; a 37% negative variance. EXPENSES: Third quarter 2020 operational expenses totaled, $316,073, down from 2019 third quarter, $409,498, a 23% decrease in operational costs. Annual operating expense from 2019 to 2020 are down $427,113, a 26% decrease. $892,648 $975,799 $993,838 $927,912 $538,648 $321,777 $324,585 $355,135 $344,831 $217,784 $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 2016 2017 2018 2019 2020 Recreation Center Revenues Q1-3 Q3 $1,293,276.00 $1,436,483.00 $1,585,571.00 $1,703,008.00 $1,275,895.00 $409,498.00 $316,073.00 $0.00 $200,000.00 $400,000.00 $600,000.00 $800,000.00 $1,000,000.00 $1,200,000.00 $1,400,000.00 $1,600,000.00 $1,800,000.00 2016 2017 2018 2019 Projected 2020 2019 Q3 2020 Q3 Operational Expenses 970.748.4059 jcurutchet@avon.org AVERAGE DAILY VISITATION: The Avon Recreation Center reopened following the COVID-19 shutdown on June 1, 2020. We opened with a reservation system for workout areas that limit crowd size for safety. Workouts and lap swimming are available for one-hour sessions and are followed by all-staff cleaning and disinfecting efforts before the next session of guests arrive. This proactive and highly safe approach exceeds average protocol and I feel confident that the routine and reservation system provides the safest environment for staff and guests. The downside is that our aggressive stance on safety has significantly limited visitation. First quarter 2020 average daily visitation was 4% higher than that of 2019 averages and those numbers accrued mostly in the first two months of operation, January and February, (Recreation Center shutdown March 8, 2020). Second quarter visitation dropped significantly with one month of operation in the second quarter, (June). Visitation in June totaled 149 per day, a 65% drop from second quarter 2019. Third quarter visitation 2020 improved to 203 visits per day, still showing a 53% decrease in average visitation. VISITATION BY PROGRAM: COVID-19 safety protocols mandate certain numbers of gathering size per square foot space. Our current reservation system allows reservations and total number of users in the following areas: • Free weight area, 11 guests allowed per session • Cardio and Functional Training, 20 guests allowed per session • Lap pool, lap swim, five swimmers allowed per session • Leisure pool, family swim, five families allowed, five persons per family 503 525 573 564 587 396 394 361 422 149 387 417 401 423 203 0 100 200 300 400 500 600 700 2016 2017 2018 2019 2020 Average Daily Visits Q1 Q2 Q3 36 60 103 11 21 18 36 0 20 40 60 80 100 120 Lap Swimming Cardio/TRX/ Cable Based Weight Room Water Exercise Family Swim Outdoor Fitness Classes Swim Team Average Daily Visits By Program 970.748.4059 jcurutchet@avon.org BRIGHT SPOTS: The three-month shutdown of the department last spring was something I thought I would never experience and hope not to endure again. Notifying my wonderful staff that they will be furloughed from work was the most challenging event of my career. Yet, we persevered. Staff came back June 1st ready, willing and eager to get back to work. I am so proud of staff for the energy and positive attitude they bring every day. I am also grateful to our members and guests for recognizing staff’s efforts. I appreciate the many expressions of gratitude for keeping the recreation center well-run and safe. Kind words from guests lift our spirits and serve as a reminder to us of the value this Recreation Department has to our community. One program exceeding revenue projections was our summer beach rental program. Summer beach rentals exceeded 2020 projected revenue by 55% coming in at $55,034 for the summer season. $0.00 $10,000.00 $20,000.00 $30,000.00 $40,000.00 $50,000.00 $60,000.00 $70,000.00 2016 2017 2018 2019 2020 Beach Rental Net Revenues (970) 748-4001 btorres@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Greg Daly, Police Chief, Gary Padilla, Public Works Director, and Eva Wilson, Mobility Director RE: Overnight Parking For Large Vehicles DATE: October 20, 2020 SUMMARY: Currently, there are no official overnight parking for large vehicles in the Town of Avon. Parking requests for overnight, oversized, vehicles are reviewed by the Police Department and Public Works. Approved vehicles are parked at the upper tier on the Swift Gulch site. Due to the few occurrences, a fee is not collected. RECOMMENDATION: Continue with current practice for the 2020-2021 winter season. A comprehensive parking analysis is underway, and a draft Parking Plan will be presented to the Council in the Spring of 2021. (970) 748-4001 btorres@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Brenda Torres, Town Clerk RE: Swearing in of Newly Elected council members DATE: October 9, 2020 SUMMARY: Section 4.2 of the Avon Charter provides that the terms of office for newly elected council members shall commence upon taking the oath of office at the ensuing organizational meeting of the Town Council held after the election in the year elected. The Council meets twice monthly on the second and fourth Tuesdays. In November 2020, the Council meets on the 10th and has the option of meeting on the 17th depending on the need to conduct business. BACKGROUND: The Town is participating in the coordinated General Election with Eagle County for election of new council members to be held November 3, 2020. The Eagle County Clerk and Recorder’s Office has indicated that the canvass of the election will not be completed until November 25th. While the date of election is November 3rd, 2020, it has been the Town’s practice to not swear in new council members until the canvass of the election is completed. The Charter uses the term “after the election” and not “after the date of election.” The canvass is the official certification of the abstract of votes cast in the election. C.R.S §1-10-101.5. The abstract of votes is the certified record of the results in each election for candidates for any office. C.R.S. §1-1-104(1). The canvass process can uncover deficiencies in the counting or making or certifying of returns, C.R.S. §1-10- 104, or determine that there is a need for a recount under Section 1-10.5-103, C.R.S., or even determine a winner in the event of a tie. C.R.S. §1-11-102. Due to all of these contingencies, the election is not certified until the canvass is completed. State statutes address the commencement of terms for nonpartisan officers as beginning at the next meeting of the governing body following the date of the election, but no later than thirty days following the survey of returns and upon signing of an oath and posting of bond. §1-1-202, C.R.S. State law recognizes that the canvass and the survey of returns are synonymous Thus, the State recognizes the importance of awaiting the survey or canvass prior to a presumptive elected official taking office, even when the term “date of the election” is used. Interpreting the Charter to require the Town to await the canvass results is consistent with the process followed by the State in seating newly elected officials in non-partisan elections. SPECIAL MEETING OPTION: The Town Council may schedule a special meeting as soon as the canvass of the election is completed for the purpose of seating the new council members if Council does not want to wait until the December 8th Council meeting. COUNCIL GET-TOGETHER: It has been a past tradition to schedule an informal get together on the evening of swearing in new council members. We are not planning to schedule such a get together this year due to the COVID-19 conditions and public health protocols. Thank you, Brenda.