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TC Packet 02-09-2021_______________________________________________________________________________ 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, FEBRUARY 9, 2021 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. Notice of Award Former Town Hall Demolition (Town Engineer Justin Hildreth) (30 Minutes) 5:05 5.2. Public Hearing: Resolution 21-02 A resolution approving file #PUD20002, a Minor PUD amendment to Lot 1 and Tract A, Block 1, Filing 2 Eaglebend Subdivision (Town Planner David McWilliams) (25 Minutes) 5:35 5.3. Planning and Zoning Commission Appointments (Planning Director Matt Pielsticker) (45 Minutes) 6:00 5.4. Resolution 21-03 confirming the eligibility of Zehren & Associates to continue to provide design services to the Town of Avon (Town Attorney Paul Wisor) (15 Minutes) 6:45 6. MINUTES 6.1. Approval of January 26, 2021 Regular Council Meeting Minutes (Town Clerk Brenda Torres) (5 Minutes) 7:00 7. WRITTEN REPORTS 7.1. January 19th Planning and Zoning Commission Meeting Abstract (Planner David McWilliams) 7.2. Draft January 19th Health & Recreation Committee Meeting Minutes (General Government Intern Emily Myler) 7.3. Draft January 21st CASE Committee Meeting Minutes (General Government Intern Emily Myler) 7.4. Draft January 28th Finance Committee Meeting Minutes (General Government Intern Emily Myler) 7.5. Report on Individually Assigned Take Home Vehicles in Avon Police Department (Police Chief Greg Daly) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 7:05 9. EXECUTIVE SESSION 9.1. For the purpose of receiving legal advice pursuant to Sec. 24-6-402(4)(b) and for the purpose of determining negotiating positions pursuant to Sec. 24-6-402(4)(e)(I) regarding a potential water storage agreement of the Upper Eagle River Water Authority. (30 Minutes) 7:20 9.2. For the purpose of receiving legal advice pursuant to Sec. 24-6-402(4)(b) and for the purpose of determining negotiating positions pursuant to Sec. 24-6-402(4)(e)(I) regarding a potential _______________________________________________________________________________ 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. affordable housing project. (10 Minutes) 7:50 9.3. For personnel matters pursuant to Sec. 24-6-402(4)(f) regarding the annual Town Manager performance evaluation process. (30 Minutes) 8:00 10. ADJOURN 8:30 Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. 970-748-4045 jhildreth@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Justin Hildreth, Town Engineer RE: Notice of Award – Former Town Hall Demolition Project DATE: February 4, 2021 SUMMARY: The Notice of Award for the Former Town Hall Demolition Project was presented to Town Council on January 26, 2021. Council expressed a number of concerns regarding the contractor’s ability to complete the project within the stated schedule and the potential environmental impacts to Nottingham Park during the summer season. Council continued consideration of the Notice of Award to February 9, 2021 along with requests for the following additional information: •Confirmation that the contract documents are adequate to ensure project completion by June 1, 2021 and have adequate language protecting the Town from improper asbestos remediation and disposal. Town Attorney Paul Wisor has reviewed the contract documents and confirms that they include adequate penalties to ensure project completion by June 1, 2021 and have adequate indemnification language that protects the Town if the contractor engages in improper asbestos remediation activities. The contractor, not the Town, obtains the Colorado Department of Public Health and Environment (CDPHE) asbestos permit and is liable for compliance with all permit requirements. If the contractor has an asbestos release, the contractor is liable and responsible for any subsequent activities to clean up a release. •The background investigative asbestos report that forms the bases of the required remediation. The December 12, 2017, HealthSafe Inspection report is attached to this memo. •A request that the contractor attend the next Council meeting. The contractor, Michael Lindstrom of Tasman Geosciences, indicated they are happy to answer Council questions, that such a request is not unusual, and that they often conduct asbestos abatement projects in urban areas where there are neighborhood concerns regarding schedules and potential environmental impacts. Tasman Geosciences has drafted a scheduled commitment and is included as Attachment C. We have retained DS Environmental, a respected environmental consulting firm with experience in asbestos remediation, to assist Town Staff with monitoring compliance with CDPHE asbestos requirements. They will prepare a project completion report as required by CDPHE certifying that the project was completed in accordance with CDPHE asbestos remediation requirements. The January 22, 2021, Town Council Memo is attached summarizing the request to issue the Notice of award to Tasman Geosciences in the amount of $571,235. ATTACHMENTS A - January 22, 2021 Town Council Memo requesting Notice of Award to Tasman Geosciences for the Former Town Hall Demolition Project B - Asbestos Report, 1 Lake Street, Avon, CO prepared by HealthSafe Inspections dated December 12, 2017. C – Tasman Geosciences Schedule Commitment ATTACHMENT A Page 2 of 3 TO: Honorable Mayor Smith Hymes and Council members FROM: Justin Hildreth, Town Engineer RE: Notice of Award – Former Town Hall Demolition Project DATE: January 22, 2021 SUMMARY: Authorize Staff to issue Notice of Award for construction of the Former Town Hall Demolition Project to Tasman Geosciences, Inc. in the amount of $571,235 and direct Staff to amend the project budget to $643,359. DISCUSSION: The Former Town Hall Demolition Project generally consists of asbestos abatement, demolition of the Former Town Hall building and haul off, utility capping, grading and revegetation. A future public restroom including support space for special events in the park is envisioned on the site with construction budgeted in 2022. Staff advertised the Former Town Hall Demolition Project for (5) weeks in local newspapers and on Bidnet.com. The Bid Opening was held on January 21, 2021 and four bids were received: Orion Environmental Inc. with a bid of $714,987, American Demolition, Inc. at $939,654, and Tasman Geosciences, Inc. at $571,235. A fourth bid was received from Premier Environmental LLC but was incomplete and deemed nonresponsive. Asbestos abatement is a specialized business and all submitting contractors are based in the Front Range. Each of the submitting contractors are qualified to construct the project. Construction Schedule: The proposed work is scheduled to begin in early March and is scheduled to be completed by June 1st. The contract documents include assessment of liquidated damages at $900 per day if the project is not completed on time. FINANCIAL CONSIDERATIONS: The Project will be funded from the Former Town Hall Demolition Project in the Town of Avon 2021 Capital Projects Fund, currently budgeted at $525,000. To fully fund the project, the budget will have to be increased to $643,359 in the next Capital Projects Fund budget amendment scheduled for March. There are adequate reserves in the Capital Projects Fund to cover the increaseed project budget. The Project cost estimate is shown in Table 1 below and includes 10 % contingency. Table 1: Former Town Hall Demolition Project Cost Estimate Current Available Funds Budget $525,000 Construction Cost $571,235 Environmental Consulting Services $10,000 Geotechnical Testing Services $5,000 Contingency (10 %) $57,124 Total $643,359 RECOMMENDATION: Staff requests Council authorization to award the Former Town Hall Demolition Project Contract to the low bidder, Tasman Geosciences Inc.in the amount of $571,235. ATTACHMENT A Page 3 of 3 PROPOSED MOTION: “I move to authorize issuance of Notice of Award for the Former Town Hall Demolition Project contract to the low bidder, Tasman Geosciences Inc. in the amount of $571,235 as approved in the Town of Avon 2021 Capital Projects Fund and direct Staff to increase the project budget to $643,359.” Thank you, Justin 1 HealthSafe Inspections Inc 390 Apple Drive Basalt CO 81621 970-920-2100 Jim Baker CDPHE Asbestos Building Inspector, Asbestos Air Monitoring Specialist (AMS) & Project Designer Certification #13437 CDPHE Lead-Based Paint Inspector & Lead Hazard Assessor Certification #23607 ASBESTOS REPORT DATE 12/12/2017 CLIENT Town of Avon PO Box 975 / 1 Lake St Avon CO 81620 PROJECT PROPERTY ADDRESS 1 Lake Street, Avon, Colorado 81620 ATTACHMENT B 2 COLORADO & FEDERAL ASBESTOS REGULATIONS SUMMARY Regulation No. 8 Part B – Asbestos of the Colorado Department of Public Health and Environment (CDPHE), Air Quality Control Commission requires a State-certified Asbestos Building Inspector to inspect and collect bulk samples of all suspect asbestos containing materials (ACM) or suspect asbestos containing building materials (ACBM) prior to their disturbance, removal or demolition and disposal. The suspect materials shall be analyzed by a NVLAP accredited laboratory by polarized light microscopy (PLM) using EPA 600 analytical method. A material which is estimated to contain more than 1% asbestos is classified as ACM/ACBM and regulated by the State and Federal governments. Any friable (able to crush or reduce to powder by finger pressure) asbestos with trace amounts of asbestos fibers or less than 1% must be point-counted using EPA 400 analytical method to prove that it is indeed less than 1%; if not, it must be classified as ACM/ACBM and shall be treated as a State and Federal regulated material. Any friable asbestos containing material (greater than 1% asbestos concentration) or ACM/ACBM that could be rendered friable during its removal or demolition and disposal shall require an asbestos abatement by a certified asbestos abatement contractor to remove and dispose of the material(s). A Colorado State (CDPHE) issued asbestos abatement permit is required for the following trigger levels of ACM/ACBM: 1. Residential buildings of four or fewer units--if more than 32 square feet of any surface coverage (e.g., gypsum wallboard or drywall and associated applied surfacing materials/textures, acoustic sprays, joint compounds, plaster, etc.), 50 feet of asbestos covered or asbestos insulated pipe or any material which would fill a 55-gallon drum is going to be disturbed, removed or disposed of, an asbestos abatement permit is required. 2. Residential complexes with more than four residential units, public access areas to a residential building, commercial and retail buildings, public and civic buildings, industrial buildings--if more than 160 square feet of surfacing materials, 260 linear feet or more than 35 cubic feet (NESHAP) or 55-gallon drum (CDPHE) of suspect ACM/ACBM is going to be disturbed, removed or disposed of, an asbestos abatement permit is required under NESHAP and by the CDPHE. See note below on OSHA. The regulations require an absolute minimum of 3 samples (EPA suggests 9) per homogenous suspect surfacing and TSI materials and an absolute minimum of 1 sample of homogenous miscellaneous materials or any number of “samples sufficient to determine whether a material is ACM” (Reg8.IV.D.3). More samples are required based on surface area or volume. These are minimums; the asbestos building inspector has the field responsibility to determine homogenous materials and the number of samples to collect per material; more than the minimum number of samples may be necessary at the discretion of the inspector. An assessment of friability and functional space conditions of the materials are also the inspector’s field responsibilities. ATTACHMENT B 3 OSHA compliance is required for all employers and employees no matter the quantity of asbestos present with strict regulations regarding 10 sf or more of TSI or friable surfacing materials, and therefore it does not matter what the quantity or State trigger levels are: all suspect ACM/ACBM shall be inspected and tested for asbestos prior to their disturbance, removal and disposal for worker protection and safety. See EPA 40 CFR 763.121 Worker Protection Rule, OSHA 29 CFR 1910.134 Respirator Protection Standard, OSHA 29 CFR 1910.1001 General Industry Standard and OSHA 29 CFR 1926.1101 Construction Standard regulations when dealing with asbestos hazards. Note: County or City regulations may be more stringent. A gypsum wallboard/drywall system which installed, taped and joint compounded at one time is considered to be classified as a miscellaneous material in its completed integral system. This system is before any texture is applied. It requires a sampling of all composite layers of the drywall system; the number of samples is determined by a“…number of samples sufficient to determine” …if asbestos is present or not. A miscellaneous material is completely different than another classification called a surfacing material. The surfacing material is applied onto the finished drywall system. This surfacing material requires a minimum of 3 samples for a surface area of up to 1,000 sf, 5 samples up to 5,000 sf of surface area and 7 samples of a surface area over 5,000 sf, according to the CDPHE. The EPA recommends 9 samples for any amount of surfacing material. Surfacing materials are more than texture on a drywall system; it is anything with the purpose of coating, texturing or sealing a substrate. The final classification is thermal system insulation or TSI. TSI is used for insulating materials to keep cold in or heat in or create a fire protective layer. All sampling of various suspect materials is determined by the inspector as a homogeneous miscellaneous, surfacing or TSI material—homogeneous by means of being different by its installation date, material color or appearance differences or texture/feel. CLIENT BACKGROUND The Client, Town of Avon, is planning to demolish the current building located at 1 Lake Street, Avon, Colorado 81620. The Client hired HealthSafe Inspections, Inc. (hereinafter, HealthSafe) to perform a comprehensive asbestos inspection, bulk sampling and a report. This building comprises the Town’s administration and formerl y the Avon Police Department. It is a two-story commercial building with a basement section and two garages. The entire structure is slated to be demolished and disposed of. This report is unlimited, including all suspect asbestos containing interior and exterior building materials. ATTACHMENT B 4 VISUAL INSPECTION & LABORATORY FINDINGS An inspection was conducted by Jim Baker of HealthSafe on December 1, 2017. Suspect ACM/ACBM were identified and sampled. The asbestos percentage in a bulk sample by PLM analysis (EPA 600 method) is estimated by the analyst, not exact. For exact percentage, it requires another type of analysis called “Point Count” analysis (EPA 400 method). This report only includes EPA 600 method of analysis. A sample that has no detection of asbestos is labeled None Detected or ND. Those individual homogeneous materials are the following: Sample #s Homogeneous Sample Description Sample Location Asbestos % 1-2 Drywall System Engineering Dept. ND 3-7 Skip-Trowel Texture Engineering Dept. ND 8-9 Drywall System Planning Dept. ND 10-14 32-33 Orange Peel Texture Planning Dept. ND 15-16 Drywall System IT Room ND 17-19 Skip-Trowel Texture IT Room ND 20 Ceiling Tile Planning Dept. ND 21 Drywall System Deputy Manager Ofc. ND 22-24 Orange Peel Texture Deputy Manager Ofc. ND 25-26 Drywall System Lower & Upper Lobbies ND 27-33 Skip Trowel Texture Lower & Upper Lobbies ND 34-35 Drywall System Council Chamber ND 36-40 Skip Trowel Texture Council Chamber ND 41 Ceiling Tile Floors 1 & 2 ND 42 Ceiling Tile Floor 1 ND 43-44 Drywall System HR & Partial Finance ND 45-49 Knock-Down Texture HR & Partial Finance ND 50 Ceiling Tile HR ND 51 Ceiling Tile HR ND 53-54 Drywall System Finance Partial ND 55-57 Knock-Down Texture Finance Partial ND 58 Ceiling Tile Clerk Ofc. ND 59 Drywall System (wall) Clerk Ofc. ND 60-62 Orange Peel Texture Clerk Ofc. ND 63 Ceiling Tile Police Dept. ND 64 VCT Jail Cells South ND 65 VCT Mastic Jail Cells South ND 66 VCT Jail Cell North ND 67 VCT Police Dept. RR ND 68 VCT Mastic Police Dept. RR ND ATTACHMENT B 5 69-70 Drywall System Police Dept. ND 71-75 Orange Peel Texture Police Dept. ND 76 Drywall System Police Dept. West ND 77-79 Hvy Orange Peel Texture Police Dept. West ND 80-81 Drywall System Police Dept. West/North ND 82-84 Knock-Down Texture Police Dept. West/North ND 85-87 TSI Mechanical Room ND 88 Tar Paper Exterior Walls ND 89-91 Concrete Asphalt Sealant Exterior Concrete Foundation 8% 92-98 Stucco Exterior Walls/Stairs/Lamps ND 99 Tar-Bitumen Original Roof 10% 100 Thick Tar Paper Original Roof Under Shakes 80% 101 Thin Tar Paper Original Roof Near Eaves ND 102 Composition Roof Shingle Roof Engineering Dept. ND 103 Caulking Windows Exterior ND 104 Fibrous Paper CMU Foundation Wrap 8% All asbestos fibers in the above building materials are Chrysotile (“white asbestos”). Four materials on the exterior are classified as ACM/ACBM: 1. Exterior black asphalt concrete foundation sealant, significantly damaged friable surfacing ACM at an estimated 8% Chrysotile asbestos concentration. An estimate of surface area coverage is impossible with the landscape backfill covering most of the foundation; only what is above the soil is currently visible. This material will require asbestos abatement prior to the demolition of the building. Another concern is the high probability of asbestos fibers in the soil. Asbestos contaminated soil will require abatement. ATTACHMENT B 6 2. The roofing tar-bitumen is non-friable ACM, estimated at 10% Chrysotile concentration. It is used to seal around plumbing vent pipes, flashing, etc. This will not require asbestos abatement prior to the demolition of the structure. 3. Asbestos roofing tar paper, friable ACBM with potential for significant damage during a demolition. This material is currently underneath the cedar shingles of the original building. The cedar shingles are underneath a metal roofing material which appears like imitation shakes; this was installed more recently to protect the release of asbestos fibers from the original roof assembly containing the asbestos roofing tar paper. The surface area of the roofing ACM tar paper is estimated at 6,000 sf. This material will require asbestos abatement prior to the demolition of the building. At an estimated 80% Chrysotile asbestos in friable condition, this is highly hazardous material. ATTACHMENT B 7 ATTACHMENT B 8 The yellow arrow is pointing to metal flashing. ATTACHMENT B 9 The yellow arrows are pointing to asbestos roofing tar paper. 4. Exterior concrete block (CMU, concrete masonry unit) foundation wrap, significantly damaged friable miscellaneous ACM at an estimated 8% Chrysotile asbestos. This material must have been installed as a waterproofing membrane over the CMU foundation wall. It is not over the concrete foundation wall. The CMU foundation portion has this bitumen-fibrous paper in conjunction with polystyrene foam insulation boards in the assembly. An estimate of surface area coverage is impossible with the landscape backfill covering most of the foundation; only what is above the soil is currently visible. This material will require asbestos abatement prior to the demolition of the building. Another concern is the high probability of asbestos fibers in the soil. Asbestos contaminated soil will require abatement. ATTACHMENT B 10 ATTACHMENT B 11 The above photo is the bulk sample in the bag. Notice the fibers at the top right. ATTACHMENT B 12 There were no other additional suspect asbestos building materials to sample which were visible at the time of inspection. There may yet be some suspect materials between layers of assembled materials. During the abatement phase or the demolition phase, if there are any additional suspect materials, contact HealthSafe for additional sampling. A total of 104 suspect homogeneous ACM/ACBM bulk samples were collected and 104 samples were analyzed. The bulk samples were analyzed by PLM by a NVLAP accredited laboratory in accordance with Colorado State Regulation 8 for the presence of asbestos mineral fibers. See supporting Hayes Microbial Consulting, Inc. data report #17037852 attached below. Soils around the building exterior perimeter may need to be sampled prior to disturbance and abatement, and most likely during the abatement phase. HealthSafe will be able to sample those soils. Sincerely Submitted, Jim Baker ATTACHMENT B HMC #17037852 contact@hayesmicrobial.com http://hayesmicrobial.com/ Analysis Report prepared for HealthSafe Inspections 390 Apple Drive Basalt, CO. 81621 USA Phone: 970-920-2100 Job Name: Town of Avon Town Hall Date Sampled: 12-01-2017 Date Analyzed: 12-11-2017 Report Date: 12-11-2017 EPA Laboratory ID# VA01419 NVLAP Lab Code: 500096-0 Asbestos License: 300435 License: #PH-0198 Page 1 of 15 ATTACHMENT B HMC #17037852 HealthSafe Inspections 390 Apple Drive Basalt, CO 81621 USA December 11, 2017 Client Job Number: Client Job Name:Town of Avon Town Hall Dear HealthSafe Inspections, We would like to thank you for trusting Hayes Microbial for your analytical needs. On December 5, 2017 we received 104 samples by FedEx for the job referenced above. 104 samples were received in good condition. The results in this analysis pertain only to this job, collected on the stated date and should not be used in the interpretation of any other job. This report may not be duplicated, except in full, without the written consent of Hayes Microbial Consulting, LLC. This laboratory bears no responsibility for sample collection activities, analytical method limitations, or your use of the test results. Interpretation and use of test results are your responsibility. Any reference to health effects or interpretation of mold levels is strictly the opinion of Hayes Microbial Consulting. In no event, shall Hayes Microbial Consulting or any of its employees be liable for lost profits or any special, incidental or consequential damages arising out of your use of the test results. Steve Hayes, BSMT(ASCP) Laboratory Director Hayes Microbial Consulting, LLC Page 2 of 15 ATTACHMENT B HMC #17037852 EPA 600/R-93, M-4/82-020 (PLM)HealthSafe Inspections 390 Apple Drive Basalt, CO 81621 USA Phone: 970-920-2100 Job Number: Collected by: Email: Jim Baker healthsafeinspections@gmail.com Job Name:Town of Avon Town Hall Date Collected: Date Received: Date Reported: 12/01/2017 12/05/2017 12/11/2017 #Sample Name Description Asbestos Fibers Other Fibers Non- Fibers 1 1 ENG-ST-C W -J-1 Drywall / White/Brown (None Detected) 12 % Cellulose fibers 88 % Layer 2 ENG-ST-C W -J-1 Joint Compound / White (None Detected) (None Detected) 100 % 2 2 ENG-ST-C W -J-2 Drywall / White/Brown (None Detected) 12 % Cellulose fibers 88 % Layer 2 ENG-ST-C W -J-2 Joint Compound / White (None Detected) (None Detected) 100 % 3 3 ENG-ST-C W -T-1 Texture / White (None Detected) (None Detected) 100 % 4 4 ENG-ST-C W -T-2 Texture / White (None Detected) (None Detected) 100 % 5 5 ENG-ST-C W -T-3 Texture / White (None Detected) (None Detected) 100 % 6 6 ENG-ST-C W -T-4 Texture / White (None Detected) (None Detected) 100 % 7 7 ENG-ST-C W -T-5 Texture / White (None Detected) (None Detected) 100 % 8 8 PLNG-OP-C W - J-1 Drywall / White (None Detected) 12 % Cellulose fibers 88 % Layer 2 PLNG-OP-C W - J-1 Joint Compound / White (None Detected) (None Detected) 100 % Signature: Date:12/11/2017 Reviewed by: Date:12/11/2017 Page 3 of 15 ATTACHMENT B HMC #17037852 EPA 600/R-93, M-4/82-020 (PLM)HealthSafe Inspections 390 Apple Drive Basalt, CO 81621 USA Phone: 970-920-2100 Job Number: Collected by: Email: Jim Baker healthsafeinspections@gmail.com Job Name:Town of Avon Town Hall Date Collected: Date Received: Date Reported: 12/01/2017 12/05/2017 12/11/2017 #Sample Name Description Asbestos Fibers Other Fibers Non- Fibers 9 9 PLNG-OP-C W - J-2 Drywall / White/Brown (None Detected) 12 % Cellulose fibers 88 % Layer 2 PLNG-OP-C W - J-2 Joint Compound / White (None Detected) (None Detected) 100 % 10 10 PLNG-OP-C W - T-1 Texture / White (None Detected) (None Detected) 100 % 11 11 PLNG-OP-C W - T-2 Texture / White (None Detected) (None Detected) 100 % 12 12 PLNG-OP-C W - T-3 Texture / White (None Detected) (None Detected) 100 % 13 13 PLNG-OP-C W - T-4 Texture / White (None Detected) (None Detected) 100 % 14 14 PLNG-OP-C W - T-5 Texture / White (None Detected) (None Detected) 100 % 15 15 IT-ST-WL-J-1 Drywall / Gray/White (None Detected) 15 % Cellulose fibers 85 % Layer 2 IT-ST-WL-J-1 Joint Compound / White (None Detected) (None Detected) 100 % 16 16 IT-ST-WL-J-2 Drywall / White/Gray (None Detected) 12 % Cellulose fibers 88 % Layer 2 IT-ST-WL-J-2 Joint Compound / White (None Detected) (None Detected) 100 % Signature: Date:12/11/2017 Reviewed by: Date:12/11/2017 Page 4 of 15 ATTACHMENT B HMC #17037852 EPA 600/R-93, M-4/82-020 (PLM)HealthSafe Inspections 390 Apple Drive Basalt, CO 81621 USA Phone: 970-920-2100 Job Number: Collected by: Email: Jim Baker healthsafeinspections@gmail.com Job Name:Town of Avon Town Hall Date Collected: Date Received: Date Reported: 12/01/2017 12/05/2017 12/11/2017 #Sample Name Description Asbestos Fibers Other Fibers Non- Fibers 17 17 IT-ST-WL-T-1 Texture / White (None Detected) (None Detected) 100 % 18 18 IT-ST-WL-T-2 Texture / White (None Detected) (None Detected) 100 % 19 19 IT-ST-WL-T-3 Texture / White (None Detected) (None Detected) 100 % 20 20 PLNG-DTS-CT Fibrous / Gray (None Detected) 45 % Cellulose fibers 30 % Fiberglass 25 % 21 21 DPTY-MNG-OP-W-J Drywall / Gray/Brown (None Detected) 12 % Cellulose fibers 88 % Layer 2 DPTY-MNG-OP-W-J Joint Compound / White (None Detected) (None Detected) 100 % 22 22 DPTY-MNG-OP-W-T-1 Texture / Cream (None Detected) (None Detected) 100 % 23 23 DPTY-MNG-OP-W-T-2 Texture / Cream (None Detected) (None Detected) 100 % 24 24 DPTY-MNG-OP-W-T-3 Texture / Cream (None Detected) (None Detected) 100 % 25 25 LBY-ST-W-J-1 Drywall / White/Brown (None Detected) 15 % Cellulose fibers 85 % Layer 2 LBY-ST-W-J-1 Joint Compound / White (None Detected) (None Detected) 100 % Signature: Date:12/11/2017 Reviewed by: Date:12/11/2017 Page 5 of 15 ATTACHMENT B HMC #17037852 EPA 600/R-93, M-4/82-020 (PLM)HealthSafe Inspections 390 Apple Drive Basalt, CO 81621 USA Phone: 970-920-2100 Job Number: Collected by: Email: Jim Baker healthsafeinspections@gmail.com Job Name:Town of Avon Town Hall Date Collected: Date Received: Date Reported: 12/01/2017 12/05/2017 12/11/2017 #Sample Name Description Asbestos Fibers Other Fibers Non- Fibers 26 26 LBY-ST-W-J-2 Drywall / White/Brown (None Detected) 12 % Cellulose fibers 88 % Layer 2 LBY-ST-W-J-2 Joint Compound / White (None Detected) (None Detected) 100 % 27 27 LBY-ST-W-T-1 Texture / White (None Detected) (None Detected) 100 % 28 28 LBY-ST-W-T-2 Texture / White (None Detected) (None Detected) 100 % 29 29 LBY-ST-W-T-3 Texture / White (None Detected) (None Detected) 100 % 30 30 LBY-ST-W-T-4 Texture / White (None Detected) (None Detected) 100 % 31 31 LBY-ST-W-T-5 Texture / White (None Detected) (None Detected) 100 % 32 32 PLNG-OP-C W - T-6 Texture / White (None Detected) (None Detected) 100 % 33 33 PLNG-OP-C W - T-7 Texture / White (None Detected) (None Detected) 100 % 34 34 CRT-ST-C W - J-1 Drywall / White (None Detected) 12 % Cellulose fibers 88 % Layer 2 CRT-ST-C W - J-1 Joint Compound / White (None Detected) (None Detected) 100 % Signature: Date:12/11/2017 Reviewed by: Date:12/11/2017 Page 6 of 15 ATTACHMENT B HMC #17037852 EPA 600/R-93, M-4/82-020 (PLM)HealthSafe Inspections 390 Apple Drive Basalt, CO 81621 USA Phone: 970-920-2100 Job Number: Collected by: Email: Jim Baker healthsafeinspections@gmail.com Job Name:Town of Avon Town Hall Date Collected: Date Received: Date Reported: 12/01/2017 12/05/2017 12/11/2017 #Sample Name Description Asbestos Fibers Other Fibers Non- Fibers 35 35 CRT-ST-C W - J-2 Drywall / White/Brown (None Detected) 15 % Cellulose fibers 85 % Layer 2 CRT-ST-C W - J-2 Joint Compound / White (None Detected) (None Detected) 100 % 36 36 CRT-ST-C W - T-1 Texture / White (None Detected) (None Detected) 100 % 37 37 CRT-ST-C W - T-2 Texture / White (None Detected) (None Detected) 100 % 38 38 CRT-ST-C W - T-3 Texture / White (None Detected) (None Detected) 100 % 39 39 CRT-ST-C W - T-4 Texture / White (None Detected) (None Detected) 100 % 40 40 CRT-ST-C W - T-5 Texture / White (None Detected) (None Detected) 100 % 41 41 HR-LDTS-C-T Fibrous / Gray (None Detected) 35 % Cellulose fibers 30 % Fiberglass 35 % 42 42 HR-TNY-DTS-C-T Fibrous / White (None Detected) 35 % Cellulose fibers 30 % Fiberglass 35 % 43 43 HR-KD-W- J-1 Drywall / Gray (None Detected) 15 % Cellulose fibers 85 % Layer 2 HR-KD-W- J-1 Joint Compound / White (None Detected) (None Detected) 100 % Signature: Date:12/11/2017 Reviewed by: Date:12/11/2017 Page 7 of 15 ATTACHMENT B HMC #17037852 EPA 600/R-93, M-4/82-020 (PLM)HealthSafe Inspections 390 Apple Drive Basalt, CO 81621 USA Phone: 970-920-2100 Job Number: Collected by: Email: Jim Baker healthsafeinspections@gmail.com Job Name:Town of Avon Town Hall Date Collected: Date Received: Date Reported: 12/01/2017 12/05/2017 12/11/2017 #Sample Name Description Asbestos Fibers Other Fibers Non- Fibers 44 44 HR-KD-W- J-2 Drywall / Gray (None Detected) 12 % Cellulose fibers 88 % Layer 2 HR-KD-W- J-2 Joint Compound / White (None Detected) (None Detected) 100 % 45 45 HR-KD-W- T-1 Texture / White (None Detected) (None Detected) 100 % 46 46 HR-KD-W- T-2 Texture / White (None Detected) (None Detected) 100 % 47 47 HR-KD-W- T-3 Texture / White (None Detected) (None Detected) 100 % 48 48 HR-KD-W- T-4 Texture / White (None Detected) (None Detected) 100 % 49 49 HR-KD-W- T-5 Texture / White (None Detected) (None Detected) 100 % 50 50 HR-LNS-C-T Fibrous / Gray (None Detected) 35 % Cellulose fibers 30 % Fiberglass 35 % 51 51 HR-OFC-C-T Fibrous / Gray (None Detected) 35 % Cellulose fibers 30 % Fiberglass 35 % 52 52 FNC-BG-DTS-C-T Fibrous / White (None Detected) 55 % Cellulose fibers 30 % Fiberglass 15 % 53 53 FNC-KD-W- J-1 Drywall / White (None Detected) 10 % Cellulose fibers 90 % Signature: Date:12/11/2017 Reviewed by: Date:12/11/2017 Page 8 of 15 ATTACHMENT B HMC #17037852 EPA 600/R-93, M-4/82-020 (PLM)HealthSafe Inspections 390 Apple Drive Basalt, CO 81621 USA Phone: 970-920-2100 Job Number: Collected by: Email: Jim Baker healthsafeinspections@gmail.com Job Name:Town of Avon Town Hall Date Collected: Date Received: Date Reported: 12/01/2017 12/05/2017 12/11/2017 #Sample Name Description Asbestos Fibers Other Fibers Non- Fibers Layer 2 FNC-KD-W- J-1 Joint Compound / White (None Detected) (None Detected) 100 % 54 54 FNC-KD-W- J-2 Drywall / Gray/Brown (None Detected) 12 % Cellulose fibers 88 % Layer 2 FNC-KD-W- J-2 Joint Compound / White (None Detected) (None Detected) 100 % 55 55 FNC-KD-W- T-1 Texture / White (None Detected) (None Detected) 100 % 56 56 FNC-KD-W- T-2 Texture / White (None Detected) (None Detected) 100 % 57 57 FNC-KD-W- T-3 Texture / White (None Detected) (None Detected) 100 % 58 58 CLRK-LNDTS-C-T Fibrous / Gray (None Detected) 45 % Cellulose fibers 30 % Fiberglass 25 % 59 59 CLRK-OP-W-J Brittle / White (None Detected) (None Detected) 100 % 60 60 CLRK-OP-W-T-1 Texture / White (None Detected) (None Detected) 100 % 61 61 CLRK=OP=W- T-2 Texture / White (None Detected) (None Detected) 100 % 62 62 CLRK=OP=W- T-3 Texture / White (None Detected) (None Detected) 100 % Signature: Date:12/11/2017 Reviewed by: Date:12/11/2017 Page 9 of 15 ATTACHMENT B HMC #17037852 EPA 600/R-93, M-4/82-020 (PLM)HealthSafe Inspections 390 Apple Drive Basalt, CO 81621 USA Phone: 970-920-2100 Job Number: Collected by: Email: Jim Baker healthsafeinspections@gmail.com Job Name:Town of Avon Town Hall Date Collected: Date Received: Date Reported: 12/01/2017 12/05/2017 12/11/2017 #Sample Name Description Asbestos Fibers Other Fibers Non- Fibers 63 63 PD-SWRL-C-T Fibrous / Brown (None Detected) 35 % Cellulose fibers 30 % Fiberglass 35 % 64 64 CELL-VCT-1 Tile / Tan (None Detected) (None Detected) 100 % 65 65 CELL-MSTC Mastic / Black (None Detected) 7 % Cellulose fibers 93 % 66 66 CELL-VCT-2 Tile / White (None Detected) (None Detected) 100 % 67 67 PD-RR-VCT Tile / White (None Detected) (None Detected) 100 % 68 68 PD-RR-MSTC Adhesive / White/Tan (None Detected) (None Detected) 100 % 69 69 PD-OP-W-J-1 Drywall / White/Brown (None Detected) 12 % Cellulose fibers 88 % Layer 2 PD-OP-W-J-1 Joint Compound / White (None Detected) (None Detected) 100 % 70 70 PD-OP-W- J-2 Drywall / White (None Detected) 15 % Cellulose fibers 85 % Layer 2 PD-OP-W- J-2 Joint Compound / White (None Detected) (None Detected) 100 % 71 71 PD-OP-W- T-1 Texture / White (None Detected) (None Detected) 100 % Signature: Date:12/11/2017 Reviewed by: Date:12/11/2017 Page 10 of 15 ATTACHMENT B HMC #17037852 EPA 600/R-93, M-4/82-020 (PLM)HealthSafe Inspections 390 Apple Drive Basalt, CO 81621 USA Phone: 970-920-2100 Job Number: Collected by: Email: Jim Baker healthsafeinspections@gmail.com Job Name:Town of Avon Town Hall Date Collected: Date Received: Date Reported: 12/01/2017 12/05/2017 12/11/2017 #Sample Name Description Asbestos Fibers Other Fibers Non- Fibers 72 72 PD-OP-W- T-2 Texture / White (None Detected) (None Detected) 100 % 73 73 PD-OP-W- T-3 Texture / White (None Detected) (None Detected) 100 % 74 74 PD-OP-W- T-4 Texture / White (None Detected) (None Detected) 100 % 75 75 PD-OP-W- T-5 Texture / White (None Detected) (None Detected) 100 % 76 76 PD-SPLTR-OP- J Drywall / White (None Detected) 12 % Cellulose fibers 88 % Layer 2 PD-SPLTR-OP- J Joint Compound / White (None Detected) (None Detected) 100 % 77 77 PD-SPLTR-OP- T-1 Texture / White (None Detected) (None Detected) 100 % 78 78 PD-SPLTR-OP- T-2 Texture / White (None Detected) (None Detected) 100 % 79 79 PD-SPLTR-OP- T-3 Texture / White (None Detected) (None Detected) 100 % 80 80 PD-KD-W- J-1 Drywall / White/Tan (None Detected) 12 % Cellulose fibers 88 % Layer 2 PD-KD-W- J-1 Joint Compound / White (None Detected) (None Detected) 100 % Signature: Date:12/11/2017 Reviewed by: Date:12/11/2017 Page 11 of 15 ATTACHMENT B HMC #17037852 EPA 600/R-93, M-4/82-020 (PLM)HealthSafe Inspections 390 Apple Drive Basalt, CO 81621 USA Phone: 970-920-2100 Job Number: Collected by: Email: Jim Baker healthsafeinspections@gmail.com Job Name:Town of Avon Town Hall Date Collected: Date Received: Date Reported: 12/01/2017 12/05/2017 12/11/2017 #Sample Name Description Asbestos Fibers Other Fibers Non- Fibers 81 81 PD-KD-W- J-2 Drywall / White (None Detected) 12 % Cellulose fibers 88 % Layer 2 PD-KD-W- J-2 Joint Compound / White (None Detected) (None Detected) 100 % 82 82 PD-KD-W- T-1 Texture / White (None Detected) (None Detected) 100 % 83 83 PD-KD-W- T-2 Texture / White (None Detected) (None Detected) 100 % 84 84 PD-KD-W- T-3 Texture / White (None Detected) (None Detected) 100 % 85 85 PD-MEC-TSI- 1 Texture / White (None Detected) (None Detected) 100 % 86 86 PD-MEC-TSI- 2 Fibrous / White (None Detected) 55 % Cellulose fibers 45 % 87 87 PD-MEC-TSI- 3 Fibrous / White/Yellow (None Detected) 55 % Mineral/Glass wool 45 % 88 88 X-TP-W Felt / Black (None Detected) 70 % Cellulose fibers 30 % 89 89 X-SL-1 Debris / Black 8 % Chrysotile (None Detected) 92 % 90 90 X-SL-2 Debris / Black 8 % Chrysotile (None Detected) 92 % Signature: Date:12/11/2017 Reviewed by: Date:12/11/2017 Page 12 of 15 ATTACHMENT B HMC #17037852 EPA 600/R-93, M-4/82-020 (PLM)HealthSafe Inspections 390 Apple Drive Basalt, CO 81621 USA Phone: 970-920-2100 Job Number: Collected by: Email: Jim Baker healthsafeinspections@gmail.com Job Name:Town of Avon Town Hall Date Collected: Date Received: Date Reported: 12/01/2017 12/05/2017 12/11/2017 #Sample Name Description Asbestos Fibers Other Fibers Non- Fibers 91 91 X-SL-3 Debris / Black 8 % Chrysotile (None Detected) 92 % 92 92 X-STUC- 1 Brittle / White (None Detected) (None Detected) 100 % 93 93 X-STUC- 2 Texture / White (None Detected) (None Detected) 100 % 94 94 X-STUC- 3 Granular / White (None Detected) (None Detected) 100 % 95 95 X-STUC- 4 Brittle / White (None Detected) (None Detected) 100 % 96 96 X-STUC- 5 Texture / Brown (None Detected) (None Detected) 100 % 97 97 X-STUC- 6 Texture / White (None Detected) (None Detected) 100 % 98 98 X-STUC- 7 Texture / White (None Detected) (None Detected) 100 % 99 99 RF-TR Mastic / Black 10 % Chrysotile (None Detected) 90 % 100 100 RF-TP-1 Tar Paper / Black 80 % Chrysotile (None Detected) 20 % 101 101 TP-RF-2 Fibrous / Brown (None Detected) 70 % Cellulose fibers 30 % Signature: Date:12/11/2017 Reviewed by: Date:12/11/2017 Page 13 of 15 ATTACHMENT B HMC #17037852 EPA 600/R-93, M-4/82-020 (PLM)HealthSafe Inspections 390 Apple Drive Basalt, CO 81621 USA Phone: 970-920-2100 Job Number: Collected by: Email: Jim Baker healthsafeinspections@gmail.com Job Name:Town of Avon Town Hall Date Collected: Date Received: Date Reported: 12/01/2017 12/05/2017 12/11/2017 #Sample Name Description Asbestos Fibers Other Fibers Non- Fibers 102 102 COMP-RF Fibrous / Black (None Detected) 15 % Fiberglass 85 % 103 103 X-WND-CLK Caulk / Gray (None Detected) (None Detected) 100 % 104 104 CMU-WRP Brittle / Black/Brown 8 % Chrysotile 15 % Fiberglass 77 % Signature: Date:12/11/2017 Reviewed by: Date:12/11/2017 Page 14 of 15 ATTACHMENT B HMC #17037852 Asbestos - Additional InformationHealthSafe Inspections 390 Apple Drive Basalt, CO 81621 USA Phone: 970-920-2100 All samples were received in acceptable condition unless otherwise noted on the report. The Report must not be used by the client to claim product certification, approval, or endorsement by: AIHA, NIST, NVLAP NY ELAP, or any agency. The results relate only to the items tested. The results include an inherent uncertainty of measurement associated with estimating percentages by polarized light microscopy. Measurement uncertainty data can be provided when requested. None detected: Below the detected reporting limit of 1% unless point counting is performed, then the detected, reporting limit is .25%. Per NY ELAP198.6 (NOB) TEM is the only reliable method to declare an NOB material as Non-Asbestos Containing. Hayes Microbial Consulting reserves the right to dispose of all samples after a period of 60 days in compliance with state and federal guidelines. Signature: Date:12/11/2017 Reviewed by: Date:12/11/2017 Page 15 of 15 ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B Commitment to Project Schedule Former Town Hall Abatement and Demolition Project Avon, Colorado 1 Introduction Tasman Geosciences, Inc. (Tasman) is a full‐service environmental company providing consulting and remediation, abatement, demolition and disaster response services. We pride ourselves on understanding our client’s needs and project‐specific circumstances, so that we can provide safe, innovative, timely and cost‐effective solutions that meet or client’s project end‐point expectations. Tasman is used to working in high pressure environments due to the nature of the service lines we support. Project Strategy Tasman is well equipped to support the demanding needs of our asbestos abatement and demolition customers. These customers almost always have projects tied to critical path milestones similar to the City of Avon’s summertime park operations adjacent to the former townhall. We recognize that missing the project completion deadline could have a significant impact on park operations. To ensure we meet this critical deadline, we commit to the following:  We will provide our own internal certified abatement workforce and self‐perform asbestos abatement, eliminating tiers of subcontractors and ensuring complete control of our human resources, project quality, and production speed.  We will supply Tasman owned equipment eliminating the need to rely on less dependable rental equipment that is subject to failure due to overuse and poor maintenance.  We will provide Tasman certified heavy equipment operators to self‐perform demolition and earthwork operations ensuring the required production speed is achieved in a safe and efficient manner.  For this project, we have engaged the services of a very large and reputable transportation contractor ensuring safe and dependable waste transport to and from the site. This transportation contractor is currently being utilized by Tasman to transport thousands of truckloads of regulated asbestos contaminated soil (RACS) from the National Western Stock Show re‐development project.  We maintain an exceptional relationship with the waste disposal facility enabling us to by‐pass time‐consuming trucking lines that backup at the disposal facility scales.  We are working diligently with the project certified asbestos building inspector (CABI) to have the project asbestos permit submitted to the Colorado Department of Public Health and Environment (CDPHE) prior to the February 9th City Council meeting to ensure the clock on the State required 10‐notification timeframe is under way.  We will continue to collaborate with the CABI to ensure any variance to the abatement workflow or process is readily addressed and work continues with as little disruption as possible. ATTACHMENT C Commitment to Project Schedule Former Town Hall Abatement and Demolition Project Avon, Colorado 2  We maintain an excellent open line of communication with the CDPHE which enables us to expedite discussions associated with project approach and promote confidence in our approach. Project Schedule Total Project Duration: 12 weeks. Anticipated start date March 1, 2021 Project Tasks: Asbestos Abatement – 5 weeks Building Demolition – 3 weeks Site Work – 3 weeks Punch walk/Demobilization – 1 week Overcoming Challenging Schedules Staffing ‐ Tasman employs certified ACM Abatement Supervisors and Workers to perform initial contents removal; containment preparation; asbestos, mold and/or lead abatement; and selective demolition for residential, industrial and commercial projects. Tasman’s field staff are experts in interior and exterior building abatements; pre‐demolition abatement for small‐ to large‐scale industrial facilities, schools, and government buildings; and asbestos‐in‐soil mitigation. Tasman specializes in working with multiple stakeholders and collaborating with all parties to ensure the success of the projects we work on. Capacity ‐ Asbestos abatement, demolition, and earthwork operations will be completely self‐performed ensuring complete control of logistics, scheduling, efficiency, and cost control. The Tasman Denver office has significant professional support staff committed to your project including engineers, scientists, drafters, and administrative staff. Expertise ‐ Tasman excels working under extreme pressure, in remote locations, with limited resources. Our approach has been honed through the experience garnered from a variety of work environments including:  Military Housing Disaster Response – Tasman deploys post‐disaster response resources on a moment’s notice to support disaster cleanup and renovation of military housing. Projects typically include between 150 to 350 structures ranging from residential houses to neighborhood community centers. Due to the critical nature of the defense services the military provides, Tasman executes project tasks and work sequences on very tight completion windows. Project tasks include conducting damage assessment, mitigation of mold, abatement of asbestos and lead from building materials impacted by storm damage, conducting select interior demolition and complete structure demolition. Once the building hazards have been addressed and the structure is stabilized, Tasman provides a variety of renovation services to repair flood and wind damage.  Oil and Gas – We are a primary response contractor for some of the country’s largest oil and gas companies. Response services include on‐call environmental response, testing, assessment, ATTACHMENT C Commitment to Project Schedule Former Town Hall Abatement and Demolition Project Avon, Colorado 3 cleanup and regulatory reporting. Due to the potential for significant impact to human health and the environment, response time is typically same day with labor resources and rapid deployment of heavy equipment and cleanup materials subsequent to investigation and assessment activities. Example Rapid Schedule Project Currently, Tasman is working on the largest RACS project in the State, under extreme duress to meet building and development milestones. Tasman was contracted by Colorado State University (CSU) to implement remediation of RACS at the Animal Health Building (AHB) site which is being redeveloped as part of a larger redevelopment area collectively called the National Western Center Capital Build Program (NWC Program) located in downtown Denver, Colorado. Highlights of the project are summarized below: o Tasman is managing all aspects or project Permitting, Procurement, Work Plan Preparation, Site Preparation and Mobilization; o RACS excavation (wetting methods used and to depths of up to 14 feet) and removal of 1,305 truckloads (23,490 cy) of impacted material including demolition of buried slabs, concrete monolifts, and construction debris; o Accelerated Project Schedule: Work was completed within 45 days (Notice of Award Received 7/23/20 and Notice of Substantial Close‐out Submitted 9/17/20). o As a result of Tasman’s efforts, CSU awarded Tasman an adjacent building site (Hydro Building project) requiring the removal of an estimated 7,370 cubic yards of asbestos containing waste material (ACWM)/soil. o High profile project with multiple stakeholders and can’t miss deadlines. ATTACHMENT C 970-748-4023 cmcwilliams@avon.org Page 1 of 9 TO: Honorable Mayor Smith Hymes and Council members FROM: David McWilliams, AICP, Town Planner RE: PUBLIC HEARING and Resolution 21-02, Approving PUD20002– Lot line and setback amendments on Tract A and Lot 1, Block 1, Filing 2 Eaglebend Subdivision – 4311 Eaglebend Drive DATE: February 4, 2021 OVERVIEW: This Staff report contains one Minor Planned Unit Development (“PUD”) Amendment application for consideration by Town Council. Application Type: Minor PUD Amendment Property Address: 4311 Eaglebend Drive Property Zoning: PUD (Single-Family) Property Size: .24 Acres Applicant Name: Jena Skinner Property Owners: Angelo & Veronica Veraldi SUMMARY OF APPLICATION: Jena Skinner (the Applicant), is requesting a PUD Amendment (“he Application) on Lot 1, and Tract A, Filing 2, Eaglebend PUD and Subdivision (the Properties). The purpose is to allow for future additions to the existing single-family house on Lot 1. Specifically, the applicant proposes a reduced rear yard setback (from 10’ to 4.4’) to facilitate a second garage bay with a master bedroom expansion above, a kitchen expansion, and a workspace potentially detached from the house (attachment). The properties are governed by the Eaglebend PUD, dated May, 1986. These improvements are not feasible due to setbacks and Building Area Ratio (BAR, defined for this application as “The ratio of the Building area divided by the land (site) area. Building area means the floor space of a building when looking down at it from the sky.”) regulations set forth in the PUD. An administrative subdivision plat is submitted concurrently with the Minor PUD Amendment and is included for reference. After a series of PZC hearings, the Application was modified several times in response to PZC comments. The proposed amendments are below: • Modified lot lines between the two properties. Lot 1 is proposed to be expanded and Tract A diminished. This modification allows for more building coverage on Lot 1. • Modified rear building setback to align with a proposed building addition, set to a minimum of 4.4 feet. • Important plat notes: o Plat note 8 to read, “The No-build Restriction prohibits the construction of any permanent structures in this area. Exceptions to this restriction include landscaping improvements, decks, patios, and other similar improvements or accessory uses/structures associated with the primary dwelling unit. Also permitted are limited recreational features (e.g., swings or similar).” Staff interprets this note as a technique to add a workshop building within the no-build area. While no habitable space can be built here, an accessory structure would be permitted in the no-build area. o Plat note 9 to read, “Counterforts below grade, second-story eaves, and drainage features may extend 18” into the rear setback.” This note allows some intrusions into the setback to accommodate a traditional building design for the proposed additions. 970-748-4023 cmcwilliams@avon.org Page 2 of 9 PROCESS: The Application was reviewed, modified and deliberated upon over the course of during three (3) PZC meetings. The Application was modified several times to take its current form. Initially, the application not only proposed a lot line modification, but also BAR changes from 25% to 50%. The initial Application required the PUD Amendment process stream, although the current application is more ambiguous in that a lot line modification may be best approached through a Variance. If the Application in front of Town Council had been the initial application, Staff probably would have processed it as a Variance, with different Review Criteria and process. As mentioned, the proposal also requires a Minor Subdivision to modify the lot line between Tract A and Lot 1, which will be processed by Staff after successful completion of this Application. Lot 1 and Tract A Highlighted 970-748-4023 cmcwilliams@avon.org Page 3 of 9 Image showing the individual lots, with Lot 2 included to show an easement. MINOR PUD AMENDMENT: This request is processed under Avon Development Code (ADC) sec. 7.16.060(h), Amendments to a Final PUD. Subsection (1)(ii), sets forth criteria for a Minor Amendment, while subsection (2)(ii) sets forth the review procedures for the same process. According to the ADC, a proposed PUD amendment is considered Minor if it meets the following criteria for decision and has been determined as such by the Director: (A) The PUD amendment does not increase density, increase the amount of nonresidential land use or significantly alter any approved building scale and mass of development. (B) The PUD amendment does not change the character of the development and maintains the intent and integrity of the PUD. (C) The PUD amendment does not result in a net decrease in the amount of open space or result in a change in character of any of the open space proposed within the PUD. The Application, as submitted, meets the criteria for a Minor PUD Amendment as there would be no exceptional changes to building scale or character of development. The review procedures required public hearings with the PZC, which recommended approval with a 3-2 vote (discussed below). Town Council will make the final decision after conducting a public hearing and action on a Resolution for approval, or denial, by motion and vote. PUBLIC NOTIFICATION: In compliance with the Public Hearing and noticing requirements, this report verifies that mailed notice was sent to property owners within 300’ of the property on November 2, 2020 and January 28, 2021. Additionally, a notice was published in the Vail Daily on November 6, 2020 and January 29, 2021. Certification of these requirements can be obtained from the office of Community Development. PROPERTY DESCRIPTION: Lot 1 is 4,576 square feet and is connected to Tract A for tax purposes at 10,280 square feet. Lot 2 is included in the proposed subdivision plat map due to a pending proposed easement change (Minor Subdivision) but is otherwise unchanged. Tract A is a remnant parcel created during the original PUD 970-748-4023 cmcwilliams@avon.org Page 4 of 9 and subdivision of Eaglebend and appears to be intended for open space due to its shape, size, and location between the street and railroad corridor. HISTORY: The Eaglebend PUD was originally part of Eagle-Vail Metro District and the associated zoning documents were codified before it incorporated into the Town of Avon. Lots 1 and 2, and Tract A were the original lots created under Filing 2, while the rest of Filing 2 remained unsubdivided. Tract A was assigned no development rights (dwelling units) but was not explicitly designated Open Space in either the PUD or the subdivision. It is best practice to either deed Open Space properties to a local government or control them with an HOA but in this case neither happened. Tract A appears to have transferred in concert with Lot 1 and has operated as Lot 1’s side yard for its entire existence. The PUD includes the following limits on Lot 1, which has one development right: Maximum Building Height Maximum Building Area Ratio Minimum Useable Open Space Front Setback Rear Setback Side Setback Uses 35’ 25% 40% 25’ 10’ 7.5’ SF, Du, Multi-Fam, Condos, T'homes, Apts, Access. Bldgs and uses. The constructed house has a BAR of 29.1% and does not conform with the 25% BAR regulation. Staff did not conduct an exhaustive audit of other Eaglebend Filing 2 properties but given the development climate when the lots were built and subdivided, Staff assumes nonconformance with the BARs for additional lots. That is, the current BAR nonconformance of Lot 1 fits within the character of the community. This Application does not change the BAR, but by including most of Tract A into Lot 1, it allows for the expansion of the current house. This change is limited in its precedent due to the constraints of other properties and the irregularity of a Tract that appears to have only been created due to the curvature of the road and original platting of the row of single- family homes. STAFF ANALYSIS: Town Council should base the decision for modifying the lot line and rear setback from the review criteria in the section below. PUDs allow certain negotiated flexibility away from the strict standards of zone districts when site characteristics or other conditions merit them. The site characteristics for this property are unique in that Tract A has been coupled with Lot 1 for its entire history. The garage sits at the rear of the house, which is unique for the Eaglebend neighborhood and for most small-lot street-facing houses. Nearby conditions have also changed, potentially meriting the modification of the rear setback, discussed below. By including the majority of Tract A into Lot 1, the Applicant brings the existing house into compliance with the BAR and allows for additions to the house, as demonstrated in the Plat (attachment B). Given the neighborhood characteristics, the “no-build” along the current Tract A boundary constrains the buildable area to the original Lot 1 and adheres to the Tract’s original designation with no development rights. While the Eaglebend PUD does not have an underlying zone district to base analysis, analogous zone districts (Residential Low Density, Residential Duplex) include 10-foot rear setbacks. The PUD includes the same setbacks as illustrated in the table above. Houses on the south side of the street (Eaglebend PUD Filing 1) had a series of envelope modifications, mostly processed as Variances, to site houses with a ditch easement on the 970-748-4023 cmcwilliams@avon.org Page 5 of 9 property. These all pushed houses closer to the road to accommodate the economically required house sizes. Below is a list of known deviations from traditional envelopes found in Eaglebend. Area conditions have recently changed. The rear yard abuts the East Beaver Creek road realignment and the Piedmont Apartments development in the Village at Avon. With the road and rail buffers between the rear yard and any additional development, the area behind the house also feels more urban but also more isolated than before. Proposed development that intrudes into the current rear setback would potentially be seen from Eaglebend Drive but would only be fleeting, as shown in the picture from the curve in the road, below. Modification of the rear setback line may be justified to allow for new investment in the property. PZC REVIEW: During the review, the Applicant responded to PZC to produce a more coherent request. PZC members had a variety of feelings towards the application – from supporting the redevelopment of an awkwardly designed house to suspicion that the proposed modifications were overreach. In a 3-2 vote, Commissioners recommended approval of the Application by Town Council. The dissenters cited nonconformance with Review Criteria (vi) and (vii) during the discussion before the vote. Specifically, members noted maintaining buffers as paramount to neighborhood cohesion and that approval allows development that is not harmonious to the neighborhood scale. PUD AMENDMENT REVIEW CRITERIA: Pursuant to ADC sec. 7.16.060(e)(4), Review Criteria, the Town Council shall consider the following criteria when forming the basis of a decision: (i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. Staff Response: The unique situation addressed in this amendment is that Tract A has always been associated with Lot 1 as its side yard. By moving the lot line and crediting the available BAR, the applicant achieves the Filing Lot Address Setback Process 1 4 5100 17' front Variance 1 5 5010 15'8" front Variance 1 17 3950 20' front Variance 1 19 3770 20' front and Carport Platted and Variance 2 21 5381 20' front unconfirmed The rear property line is approximately 145 feet away from the new sidewalk on the north side of the realigned road. 970-748-4023 cmcwilliams@avon.org Page 6 of 9 ability to add additions to the house. The house’s placement upon Lot 1 precludes any garage addition except to the rear of the lot. Whether or not this is a unique situation is debatable, although it appears that no other house in the PUD has a rear garage or has a garage addition. The application’s benefits to the Town include redevelopment and an attractive housing environment to a local family. The stated purposes of ADC sec. 7.04, Development Code, and ADC sec. 7.16.060, PUD, include implementation of the Comprehensive Plan; regulating intensity of use; avoiding increased demands on public services and facilities; and providing for compatibility with the surrounding area, among other statements. The Application would increase the size of the allowed use and result in more flexibility for future improvements. The Eaglebend PUD is silent on Open Space provisions, access, trails, and sidewalks; therefore, Staff finds that they are unaffected with this amendment. There is a publicly owned open space tract at the end of the cul-de-sac that operates as a pocket park for the community. The modification of the rear building setback would allow more creative site design that adapts to current conditions and preferences (garage addition and expanded master bedroom). The home’s layout does not allow for creative increases in garage or floor area without setback modifications. The vicinity has changed as the rear of the property now abuts a disused rail line and a newly realigned Beaver Creek Boulevard, precluding development against the other side of the tracks. A slight reduction of the setback line is not concerning intrinsically. (ii) The PUD rezoning will promote the public health, safety, and general welfare; Staff Response: Staff is unconcerned with the Application affecting the health, safety, or welfare of the Town. (iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code, and the eligibility criteria outlined in §7.16.060(b); Staff Response: The proposed PUD amendment is part of an established PUD, and is therefore not subject to the eligibility criteria or Public Benefit requirements outlined in §7.16.060(b). Consistency with the Comprehensive Plan is required, and analysis is provided below. The Comprehensive Plan includes this property within District 2: The Riverfront District. The Riverfront District encompasses all property surrounding the Eagle river along the entire length of Town. The planning principals for The Riverfront District speak of connectivity and respecting the river environment. All the planning principles are included herein, with bolded principles that relate specifically to this Application. Image from near the far west corner of Tract A on Eaglebend Drive. 970-748-4023 cmcwilliams@avon.org Page 7 of 9 • Improve and enhance connections to the linear park along the river, the Eagle Valley Trail, Town Center, Beaver Creek, and Nottingham Park. • Seek easements where appropriate for river access. • Limit access to the Eagle River to strategic locations for overall riparian health. • Provide transit connections between Town Center and Riverfront District. • Add sidewalks and landscaping along roads. • Orient buildings to capitalize on the Eagle River as an amenity. Use sensitive site planning, architectural detailing, articulation, and appropriate setbacks, color, screening, and scale of structure to preserve the character of the river and its associated natural habitat. • Limit building height to a scale that is subordinate to Town Center and compatible with the river environment. Buildings should be designed to step down in height as they near the river and in response to the natural topography. • Adhere to the Eagle River Watershed Management Plan for river setbacks and best practices for development in proximity to the river. • Locate parking areas and building services away from the river and reduce their impact on the river corridor. • Plant indigenous trees and shrubs to screen existing large residential buildings along U.S. Highway 6 and provide landforms and landscaping between residences and U.S. Highway 6. • Minimize the loss of trees and impact to the riparian area while achieving urban design goals. • Develop a vibrant mix of uses consisting of bed-base development, commercial development, recreation, and open space along the river in the area closest to Town Center. • Examine the potential to develop pedestrian and bicycle connections between Stonebridge Drive and the Village at Avon District. The following Goals and Policies from the Comprehensive Plan are reinforced by this Application: Policy A.1.4: Encourage development that is consistent with the overall Built Form according to the Built Form Diagram (page 8 of the Comprehensive Plan). Policy A.1.5: Promote development that maximizes sun exposure and protects views. Policy B.1.3: Encourage development applicants to meet with adjacent residents, businesses, and property owners during all application phases to identify concerns and strategies to address them. Goal B.2: Ensure that Avon continues to develop as a community of safe, interactive, and cohesive neighborhoods that contribute to the Town’s overall character and image. 970-748-4023 cmcwilliams@avon.org Page 8 of 9 Goal C.1: Ensure that development is compatible with existing and planned adjacent development and contributes to Avon’s community image and character. Policy E.1.2: Encourage private development and partnerships that provide a diversity of housing for local working families. (iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire protection, and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; Staff Response: This PUD amendment does not change the demands or ability of future development to be served by existing installed or planned facilities and services. (v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; Staff Response: When compared to the existing regulations, the proposed Minor PUD Amendment will not result in any adverse impacts upon the natural environment, wildlife, vegetation, noise, or air. (vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and Staff Response: There are no impacts exceeding the current development profile (single family house) expected with this PUD amendment. While the relaxed building envelope allows for additions, the Application ensures that the form and function of the house will be in line with neighboring properties. (vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. Staff Response: The future use on the lot will remain residential and consistent with other properties in the vicinity. The scale of development as proposed is limited to an appropriate scale that accomplishes the owners’ goals without impacting the neighborhood. AVAILABLE OPTIONS: 1: Approve the Resolution (Attachment C) 2: Deny the application 3: Continue the application pending additional information RECOMMENDED MOTION: “I move to approve Resolution 21-02 for Case #PUD20002, an application for a Minor PUD Amendment for Lot 1 and Tract A, Block 1, Filing 2 Eaglebend Subdivision.” OPTIONAL MOTION IN THE NEGATIVE: “I move to deny the application for Case #PUD20002, an application for a Minor PUD Amendment for Lot 1 and Tract A, Block 1, Filing 2 Eaglebend Subdivision, citing the following findings: 1. The application meets the eligibility requirements for a Minor PUD Amendment by not increasing density, increasing the amount of nonresidential land use, or significantly altering any approved building scale or mass of the development; 970-748-4023 cmcwilliams@avon.org Page 9 of 9 2. The application is complete; 3. The application provides sufficient information to allow Council to determine that the application fails to comply with the relevant review criteria; and 4. The application is not in compliance with the goals and policies of the Avon Comprehensive Plan; 5. The PUD Amendment changes the character of the Eaglebend PUD.” Attachments A: Application Materials, including neighbor letters B: Revised Plat C: Resolution 21-02 Link Avon Comprehensive Plan Thank you, David McWilliams, Town Planner 970-749-4023 cmcwilliams@avon.org Minor PUD Amendment Application Eaglebend Filing 2, Lot 1 and Tract A Town of Avon, CO Attachment A Veraldi Minor PUD Amendment Application 2/1/2021 1 Veraldi Minor PUD Amendment Eaglebend Filing 2- Lot 1/Tract A Block 1, Town of Avon Town of Avon, Colorado Application(s): Minor PUD Amendment Date of Submittal: 2-1-21 Application Team: Property Owner: Angelo & Veronica Veraldi 4311 Eaglebend Drive, Avon, CO 81620 970-331-3526 veraldi.co@gmail.com Applicant Representative Principal: JS Designs (JSD) Jena Skinner, AICP Minturn, CO 81645-0116 970-331-9791 jsdesigns@outlook.com Surveying/ Engineering: Intermountain Engineering Sean Fletcher 30 Benchmark Rd., Suite 216, Avon, CO 81620 970-949-5072 Ext. 106 sfletcher@inter-mtn.net The Project is technically comprised of two (2) parcels, using a combined parcel number, combined on 10/3/2017. These parcels are both under Title to Angelo and Veronica Veraldi The two parcels are identified as: Eaglebend Filing 2: Tract A and Lot 1, Block 1 Parcel 2103-073-11-039 Addressed: 4301 and 4311 Eaglebend Drive, Avon Attachment A Veraldi Minor PUD Amendment Application 2/1/2021 2 INTRODUCTION Communities are dynamic entities where land uses and neighborhoods change in response to housing costs, constituent preferences, and society changes. It is becoming increasingly important to recognize that the restrictive zoning of outdated land-use decisions can suppress housing supply, drive up housing costs, and add to economic disparities1. Easing restrictions- especially using a flexible zone district like a PUD (as is its intent) in response to this can unleash a positive reaction to a limited housing supply, which helps meet current and future residents' needs. This application shall focus on the two Avon residents who find themselves currently in this situation: living in an aging home in a PUD zone district that offers less opportunity than what the neighboring, standard zoning allows others in the Town of Avon. Angelo and Veronica Veraldi are the owners of a single-family home on Eaglebend Drive. As their family expands, they are finding that the existing house, constructed in 1989, does not easily accommodate their growing family and life in the mountains. Using a logical and straightforward tactic in solving their dilemma through a PUD amendment, the Veraldis would like to modify their setbacks to reinvest in their home, so it reasonably accommodates their family's needs. The improvements will not create the most significant home in their filing, and to date, no neighbors have an issue with this improvement. Moreover, this application is critical in highlighting the growing need for reinvestment of an existing home vs. tearing down and starting from scratch. The average homeowner cannot afford to make significant improvements to a home (like scraping and rebuilding), given the current housing boom we are experiencing currently. The main predicament of the Veraldis is that the house was positioned immediately adjacent to the rear setback line, and the driveway is shared with the neighbor. Moreover, the garage was constructed by the original builder oddly. As a result, only one car fits within it, and this family is learning that this space is significantly limited. This forces the use of the shared access drive on the exterior for loading vehicles. There is a great practical difficulty getting their young children into a vehicle in inclement weather during the long winter months. As such, the Veraldis would like to expand the garage to park two vehicles. They would also like to enhance their kitchen and living space directly above the expanded garage to update the maturing residence and make the best economic investment. A second goal for this project is to eliminate a non-conforming situation regarding the Building Area Ratio for the property. The Veraldi property is one of the smaller properties and the only one with the site layout and shared access easement situation in Filing 2. Luckily, the Veraldis had the good fortune to own an unallocated lot directly contiguous to their home on Lot 1. More specifically, Lot 1 contains the single-family residence, and Tract A (adjacent parcel) has some landscaping and related improvements. Otherwise, it remains vacant- minus an unapproved/informal (trespassing) pedestrian trail and doggie station. According to the PUD Plat for Eaglebend Filing 2, the properties currently allow for a residential dwelling unit on Lot 1, Block 1, and Tract A has no practical use2. Adjusting the lot line between the parcels in favor of the residential side would alleviate the non-conformity allowing for other small renovations needed on the 31-year old home. 1 https://www.urban.org/urban-wire/how-communities-are-rethinking-zoning-improve-housing-affordability- and-access-opportunity 2 Although the applicable zoning plat and subsequent final plat that created the parcels recorded at reception 410263 assigns a dwelling unit to Lot 1, the only “clear” intention for Tract A is that no dwelling units were Attachment A Veraldi Minor PUD Amendment Application 2/1/2021 3 The issue preventing the Veraldi family from accomplishing their goals to reinvest in their home is the current layout/design of the residence, and its placement thereof, on the existing lot. Situated right up to the rear setback line, there is no room currently to expand the garage without the necessity to actually modify the rear setback. Internally, major weightbearing improvements prevent the garage to expand to the south into the existing living space, and the layout of the home does not allow the garage to be relocated elsewhere through a major renovation. Fortunately, expanding the garage to the north will have no effect on adjacent neighbors as their house backs up to the existing railroad line (100’ ROW). COMPLIANCE WITH CODE AND COMMUNITY PLAN The following narrative follows the applicable sections of the Development Code for the Town of Avon, as well as any applicable master plans. SEC. 7.16.060. – PLANNED UNIT DEVELOPMENT (a) Purpose. This Section is intended to allow flexible development patterns that are not specifically provided for in this Development Code. It is the purpose of this Section: (1) To promote and permit flexibility that will encourage innovative and imaginative approaches in land development and renewal that will result in a more efficient, aesthetic, desirable and economic use of land while maintaining density and intensity of use consistent with the applicable adopted plans, regulations and policies of the Town; (2) To promote development within the Town that can be conveniently, efficiently and economically served by existing local utilities and services or by their logical extension; (3) To promote design flexibility, including placement of buildings, use of open space, pedestrian and vehicular circulation systems to and through the site and off-street parking areas in a manner that will best utilize potential on-site characteristics such as, topography, geology, geography, size and proximity; (4) To provide for the preservation of historic or natural features where they are shown to be in the public interest, including but not limited to such features as: drainage ways, floodplains, existing topography or rock outcroppings, unique areas of vegetation, historic landmarks or structures; (5) To provide for compatibility with the area surrounding the project site; allocated for this parcel. No other intention for Tract A has been established in either the records at Town of Avon or as recorded in Eagle County. See attached plat, as found in the appendices. Attachment A Veraldi Minor PUD Amendment Application 2/1/2021 4 (6) To provide for usable and suitably located open space such as, but not limited to, bicycle paths, playground areas, courtyards, tennis courts, swimming pools, planned gardens, outdoor seating areas, outdoor picnic areas and similar open space; (7) To minimize adverse environmental impacts of development; (8) To improve the design, quality and character of new development; and (9) To provide compensating community benefits to offset any impacts of the development and in recognition of design flexibility. APPLICANT RESPONSE: The proposed application does not conflict with any portion of this section; instead, it embraces the PUD's intention to allow flexibility in the site's design without altering any uses permitted in this zoning. More succinctly, we believe that section 7.16.060.(a)(1) fits the purpose of this amendment perfectly: all uses remain the same, and the amendment achieves the goal to promote and permit a reasonable design that will encourage innovative and imaginative approaches in land development. This renewal will result in a more efficient, aesthetic, desirable and economical use of land while maintaining density and intensity of use consistent with the applicable adopted plans, regulations and policies of the Town. Further, it simply embraces most of this section. This project will provide the homeowners of Lot 1 and Lot 2 a reasonable opportunity to create and enjoy improved on-site parking and vehicular circulation. It also allows for needed upgrades to this 31-year old home, which adds to the Veraldis largest investment and supports locals in maintaining the quality of their permanent residence. (b) Eligibility Criteria. All of the following criteria must be met for a property to be eligible to apply for PUD approval. (1) Property Eligible. All properties within the Town are eligible to apply for PUD approval. APPLICANT RESPONSE: This property is within Town of Avon limits, and the same owners (applicants) have resided in this residence for multiple years. Moreover, these applications (if approved), benefit multiple property owners. (2) Consistency With Comprehensive Plan. The proposed development shall be consistent with the Avon Comprehensive Plan. APPLICANT RESPONSE: After carefully reading through the Comprehensive plan, it appears to be a wide-ranging document that was written to generally promote and guide development in Avon as a town overall. This means that although it identifies this area, it does not provide specific goals to individual residential homeowners looking to reinvigorate their home. Understandably, its focus centers on supporting a thriving mixed-use township, and simply encourages the improvement of existing developments/neighborhoods throughout town. Under that context, supporting locals and their desire to improve older residential buildings as part of these neighborhoods could be applied to the situation of the Veraldi home, as it’s a small piece of the overall desires of Avon. Importantly, in 2021 it is imperative to encourage locals to maintain their residences- especially in older neighborhoods, which are typically more affordable/economical. Attachment A Veraldi Minor PUD Amendment Application 2/1/2021 5 (3) Consistent With PUD Intent. The proposed development shall be consistent with the intent and spirit of the PUD purpose statement in Subsection 7.16.060(a). APPLICANT RESPONSE: Please see previous commentary. This application IS consistent with the intention of the PUD purpose statement, found in section 7.16.060(a). (4) Compatibility With Existing Uses. The proposed development shall not impede the continued use or development of surrounding properties for uses that are permitted in the Development Code or planned for in the Avon Comprehensive Plan. APPLICANT RESPONSE: The desire of incorporating a 2-car garage into the existing home is on par with the desires and actual construction of homes throughout this neighborhood. A 2-car garage is typical of the majority of single-family homes in both the Town of Avon and that of surrounding unincorporated properties including those across the river in Eagle Vail. A garage is a customary residential improvement and the residential use on this property will be maintained/unchanged. (5) Public Benefit. A recognizable and material benefit will be realized by both the future residents and the Town as a whole through the establishment of a PUD, where such benefit would otherwise be infeasible or unlikely. APPLICANT RESPONSE: Granting approval for this amendment will provide an opportunity to improve an older home in the Town of Avon. This brings value to not only this property, but it benefits neighboring homes in Eaglebend as well. Additionally, the upgrading of older buildings IS supported by the Town of Avon Comprehensive Plan, and by supporting locals, attainable housing goals are also supported. While this Minor PUD Amendment will not have far-reaching benefits to every single resident in Avon, it will provide a positive effect and/or reduction of a negative situation for long-time locals, who are important members of the Avon community. (1) Preservation of Site Features. Long-term conservation of natural, historical, architectural or other significant features or open space will be achieved, where such features would otherwise be destroyed or degraded by development as permitted by the underlying zoning district. (2) Sufficient Land Area for Proposed Uses. Sufficient land area has been provided to comply with all applicable regulations of the Development Code, to adequately serve the needs of all permitted uses in the PUD projects and to ensure compatibility between uses and the surrounding neighborhood. APPLICANT RESPONSE: The property is large enough to accommodate existing site features including parking, landscaping, and the non-buildable area of Tract A. This Minor PUD Amendment will not encroach or modify any area affecting others. As such, compatibility will not be altered. All uses on these properties remain residential. (b) Dimensional and Development Standards. The following dimensional and development standards shall apply to all PUDs. Attachment A Veraldi Minor PUD Amendment Application 2/1/2021 6 (1) Overlay District. A PUD shall be an overlay district and shall be applied over an underlying zone district. If there is no underlying zone district, one shall be established prior to or concurrently with a PUD approval. The rezoning process set forth in Section 7.16.050 shall be used to establish the underlying zone district. (2) Permitted Uses. PUD uses shall be limited to those allowed either as permitted, accessory or special review uses in the underlying zone district. (3) Development Standards. Chapter 7.28, Development Standards, shall apply to PUD projects. APPLICANT RESPONSE: The zoning will not change with this minor PUD amendment, and all uses shall remain exactly the same/consistent and compatible with the existing residential uses of this neighborhood. Importantly, by expanding the existing garage, there will be an INCREASE in the number of allocated parking spaces over what is required in 7.28.20, and preservation of well- established landscaping in the front and side yards, which are the two areas of the lot that are highly visible from neighbors and passersby. The neighbor most impacted by this proposal is the railroad, and that is not truly a concern. Moreover, should the railroad be able to re-engage this line, the Veraldis have an opportunity to add soundproofing with this remodel, as their bedrooms are located on the second floor on the north side of the home. (a) General Procedures. All PUDs are processed in two (2) stages: 1) the preliminary PUD; and 2) the final PUD. The final PUD can only be filed with the Town for review and processing after the preliminary PUD has been approved or conditionally approved by the Town Council. The filing of a PUD in the office of Community Development shall not constitute the effective dedication of easements, rights-of-way or access control, nor shall the filed PUD plan neither be the equivalent of nor substitute for the final platting of land. Specific procedures for preliminary PUD and final PUD are outlined below. (1) Coordination With Subdivision Review. It is the intent of this Development Code that subdivision review required under Section 7.16.070, Subdivisions, if applicable, be carried out concurrently with the review of PUD development plans under this Section. If subdivision approval is required for the subject property, the PUD plans required under this Section shall be submitted in a form that satisfies the requirements for preliminary and final subdivision plat approvals. If any provisions of this Section conflict with the subdivision procedures or standards of this Development Code, the more restrictive or detailed requirements shall be met, unless specifically altered by the Town Council. (b) Procedures for Preliminary Planned Unit Development. The general procedures set forth in Section 7.16.020 shall apply to preliminary PUD applications. Where subdivision approval will be required to implement development in a proposed PUD, the applicant shall file a single preliminary PUD plan incorporating the application requirements of both the PUD and subdivision preliminary plans. The provisions and procedures for public notice, hearing and review for a PUD as prescribed in this Section shall apply to the application. (1) PUD Master Plan and Guide Required. The application for PUD rezoning shall include a preliminary PUD plan. The Director shall require sufficient detail in the preliminary PUD plan to provide an opportunity for the approving bodies to make informed decisions and evaluate compliance with the applicable approval criteria. The plan shall include, at a minimum: Attachment A Veraldi Minor PUD Amendment Application 2/1/2021 7 (i) A quantitative summary of existing conditions on the subject property; (ii) A list of uses to be allowed within the PUD by right, a list of uses to be allowed only with a special review use permit and a list of temporary uses; (iii) Parking analysis based on proposed uses; (iv) Density of uses proposed; (v) Location of public and private open space; (vi) Location of existing and proposed buildings on the site; (vii) Road, street and pedestrian networks proposed; (viii) Drainage facilities; (ix) Existing or proposed utilities and public services; (x) If development is to be phased, a description of the phase components and timing; (xi) A statement that development on the site will meet applicable standards of the underlying zoning district and this Development Code or a statement specifying the standards of the underlying district and this Development Code to which modifications are proposed and the justification for such modifications; and (xii) A statement specifying the public benefits to be contained in or associated with the PUD. APPLICANT RESPONSE: All requirements for this Minor PUD Amendment and subsequent Amended Plat have been incorporated as part of this application. (2) Notice. Where subdivision approval will be required to implement development in a proposed PUD, the public hearing notice requirements for preliminary subdivision plan approval shall be combined and shall run concurrently with the PUD public notice and hearing requirements. (3) Reviewing Authority. The PZC shall review a preliminary PUD applications and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall review and render a final decision on a preliminary PUD application after conducting a public hearing. Unless otherwise approved by the Town Council, approval of a preliminary PUD application shall vest no rights to the applicant other than the right to submit a final PUD development plan. (4) Review Criteria. The PZC and Town Council shall consider the following criteria as the basis for a recommendation or decision to rezone a property to PUD overlay, approve a preliminary PUD plan or process a PUD amendment: (i) The PUD addresses a unique situation, confers a substantial benefit to the Town and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or Attachment A Veraldi Minor PUD Amendment Application 2/1/2021 8 development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads and other utilities and services; or increased choice of living and housing environments; APPLICANT RESPONSE: In addition to the review criteria, the PZC felt it essential to recognize the unique qualities of this proposal to alleviate any potential concern in setting a precedent or opening the floodgates for others to improve their homes by amending their zoning. At the same time, it is also essential to consider what opportunities exist for the Town when it comes to aiding and supporting reinvestment of aging homes in Avon and maintaining the attainability of local homeownership to its greatest extent. While the fear of setting a precedent is a valid concern, the code requirements (and findings) ensure that individual applications are evaluated based on each project's specific merits and unique circumstances. As such, the likelihood of a second or third application having the exact circumstances is slight. This is because every development is different in some fashion, complete with different nuances, intentions, goals, and logistics, with every site having distinct qualities. More importantly, planning instruments change, as do planning trends, community needs, styles, markets, cultures, building codes, and as such, nothing is static. What was once a brilliant design in 1980 may not be held in the same regard in 2021, and rightly so. While we do not feel this application will encourage others to engage in amending their zoning to create larger homes, at some point, Avon will feel the pressure for old or oddly-designed homes built over time to need upgrading. As of 2021, being able to tear-down an existing home and rebuild to modern standards is a luxury limited to only those who can afford to do so and not to an average wage-earner. All towns in this valley need various people at different income levels and lifestyle situations to populate our communities. As such, we agree with the PZC that the evaluation of this particular application should rely on its unique set of specifics to dissolve this concern. The following are key characteristics to be considered: • The landowner has two, contiguous properties where no one else does. This supports the lot owner greatly, as otherwise, his extremely narrow/shallow lot does not leave much room for the kids to play and enjoy their property safely (there is no backyard currently, so having Tract A as a side yard is a blessing when you have children. Young children should not be playing in the front yard/adjacent to a roadway for obvious reasons). • In adjusting the lot lines between their properties, there is an opportunity to eliminate two, non-conforming situations without the need for a Variance. First, in changing the acreage values of each lot by shifting the lot lines in favor of Lot 1, it will alleviate the non-conforming situation where Lot 1 currently exceeds the BAR limitation of 25% (it is approximately 29%). Second, this modification relieves the encroachment of existing improvements of Lot 1 that are currently intruding onto Tract A. • Through this process we will be able to allocate an official use to Tract A. We feel it was intended to be open space or similar, but something happened where Tract A had no uses associated with it when it was platted. This process cleans up this oversight and ambiguity (although it will technically remain private unless conveyed to the Town). This Attachment A Veraldi Minor PUD Amendment Application 2/1/2021 9 is important, as the community has been trespassing across the Veraldi property on the western corner of Tract A for years using it as a means to access the neighboring railroad property. Tract A will now officially be deemed “open space” through the platting process and if a formalized trail system is created, this area would be a natural location for a trailhead or similar use. • The house itself: We are all too familiar with the cost of housing in 2021 and just how tremendously expensive it is getting. This house, built in 1989, has a 1-car garage with no room to expand internally, given the placement of the weight bearing walls during its initial construction. The relief or modification of the rear setback allows the ONLY area of the existing home that can accommodate a small expansion and reinvestment by the homeowner. Further; • This house shares a long driveway with its neighbor as the garage is at the end of the drive running along the lot's side. This circumstance severely limits parking for the two units and restricts an entire 1/3rd/side of the Veraldis already limited lot as it must remain open for vehicles to access both Lots 1 and 2. If the driveway was single access for Lot 1, multiple cars could park adjacent to the home on the driveway. Because the door for the home is where it is, it is especially tricky to load small children into vehicles safely in the drive, as the access for Lot 2 is right across from this area as well. Were the house flipped, so the Veraldi garage was facing the road or offset from the access to Lot 2, again, there would be way more room to enjoy the exterior and expand the home with no amendment necessary. Importantly, the driveway WAS NOT actually constructed in the access easement. It is actually more on the Veraldi property, and is being corrected through the necessary Amended Plat. This access easement correction further impacts to useable space on the Veraldi property. • This lot backs up to the railroad, where we are certain that no significant development will occur. As such, decreasing the rear setback at two points impacts no one. The ONLY potentially impacted neighbor is Lot 2, and they are in support of this amendment. • House size and compatibility thereof remains consistent after the amendment. This property has more of a relationship and interacts more with Eaglebend Filing 1 than it does Filing 2 given its present location. Directly across the street, the Veraldis actually have more physical neighbors in Filing 1 than they do in Filling 2. The Filing 1 lots are MUCH larger than what is permitted in Filing 2, as they have a BAR of 50%. Since Staff expressed concern with maintaining compatibility with homes in Filing 2 as a priority, the Veraldis are offering a no-build restriction be placed on the majority of the reconfigured Lot 1. This restriction, which runs from Tract A to the existing lot line of Lot 1, ensures that this house size and all others found in Filing 2 remain consistent. By having this no-build restriction as a platted element, this also ensures the house size will be compatible forever, unless the plat is amended. Attachment A Veraldi Minor PUD Amendment Application 2/1/2021 10 • There are other areas/lots in the Eaglebend PUD that have variable setbacks. The PUD has always had this distinction, and so this application amendment is consistent with the intention of how the PUD was originally written. If we were the only property with this type of setback (“except as shown”), it would be inconsistent with the zoning. In the example above, you can see that Filing 1 also has a variable form of setback, right across the street for the subject site. (ii) The PUD rezoning will promote the public health, safety and general welfare; APPLICANT RESPONSE: According to the definition of Health, Safety, and Welfare in the realm of planning, Zoning is the most common tool used by local governments to prescribe the allowable development on parcels of land. Generally when a community adopts a zoning ordinance, they are dividing a geographic area into zones or districts, which each have a unique set of standards for land uses and development regulations balancing the general health, safety, and welfare of the public with private property owners rights to use their land to their best interest. According to the definition of health, safety and welfare to architects, Licensed architects and affiliated design professionals have, in their professional practice, a positive duty to protect the public’s health, safety, and welfare of the occupants of the built environment in the following manner: Health: Those aspects of professional practice that improve the physical, emotional, and social well-being of occupants, users, and any others affected by buildings and sites. Attachment A Veraldi Minor PUD Amendment Application 2/1/2021 11 Safety: Those aspects of professional practice that protect occupants, users, and any others affected by buildings or sites from harm. Welfare: Those aspects of professional practice that enable equitable access, elevate the human experience, encourage social interaction, and benefit the environment. As there is NO CHANGE of use or use conflict with this application, and the only, contiguous neighbor – in fact, the only adjacent property owner the Veraldi family has in Filing 2 does not have opposition to this application, there is no impact to the general health, safety, and welfare except to improving the lives of local residents. Example of conflicts: were we proposing to change the residential use to industrial or proposing a zero setback on the side contiguous to an existing neighbor. (iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code and the eligibility criteria outlined in Subsection 7.16.060(b); APPLICANT RESPONSE: See previous discussion above. (iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire protection and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; APPLICANT RESPONSE: There is no impact or changes proposed for any of the elements listed above. (v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife and vegetation, or such impacts will be substantially mitigated; APPLICANT RESPONSE: There is no impact to any of the elements listed above. (vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; APPLICANT RESPONSE: There is no impact to any other property in the vicinity in a negative way. This application actually fixes the access easement between Lot 1 and Lot 2, and this slight home modification has no impact to the 100’ railroad ROW in the slightest. Having the house jammed up at the furthest portion of the lot and with the expansion area only able to be seen by persons in another PUD more than 100+ feet away, impacts no one. The adjacent neighbor is in support of this application. and (vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. Attachment A Veraldi Minor PUD Amendment Application 2/1/2021 12 APPLICANT RESPONSE: The use is NOT changing with this amendment and the compatibility of the home size remains in alignment with neighboring home sizes in Filing 2. This is largely controlled by the no-build restriction, being applied to a large area of side yard for the revised Lot 1. Additionally, the home sizes in Filing 1 (where the Veraldi residence shares more neighbors with) have larger lots AND a BAR of 50%. These houses will always be larger than the Veraldi home before or after this amendment. (c) Procedures for Final Planned Unit Development Approval. The general procedures set forth in Section 7.16.020, General procedures and requirements, shall apply to final Planned Unit Development applications subject to the following exceptions and additions: (1) Pre-Application Conference. A pre-application conference shall be required, unless waived by the Director. (2) Contents of the Final PUD Master Plan. The final PUD master plan shall contain all of the materials included in the preliminary PUD development plan, together with revisions, if any, that may be approved by the Planning and Zoning Commission without an additional public hearing, as described in Subparagraph b. below. In addition to the materials required in the administration manual, the final PUD master plan shall include the following: (i) Phasing Program. A document describing any proposed phasing program of the development for all structures, recreational and other common facilities and open space improvements, including time schedule for commencement and completion dates of construction of each phase. Intermediate phases shall not exceed overall project density, and a pro rata allocation of common open space shall be made as each phase is developed. Attachment A Veraldi Minor PUD Amendment Application 2/1/2021 13 APPLICANT RESPONSE: A phasing plan is not applicable to this Minor PUD Amendment. (ii) Common Open Space Agreement. A copy of the formal agreement with a public agency or private association for the ownership and maintenance of the common open space is required. APPLICANT RESPONSE: A common open space agreement is not applicable to this Minor PUD Amendment, as there is no homeowner’s association for Eaglebend. (iii) Plats for Recording. A copy of any subdivision plat, plat of dedication or plat of vacation that may be a necessary part of the PUD rezoning is required (iv) Covenant. A restrictive covenant in a form acceptable to the Town Attorney limiting development of construction upon the tract as a whole to such development and construction as shall comply with the final PUD development plan as approved by the Town Council, which document shall include a provision granting the Town a right to enforce the same. (3) Permitted Minor Changes From a Preliminary PUD Master Plan. Minor changes in the location, siting and height of structures, streets, driveways and open spaces may be authorized by the PZC to be included in the final PUD master plan in accordance with the following procedure without additional public hearings, if such changes are required by engineering or other circumstances not foreseen at the time the preliminary PUD development plan is approved. No change authorized by this Subsection may cause any of the following: (i) A change in the use or character of the development; (ii) An increase by more than one percent (1%) in the overall coverage of structures; (iii) An increase in the density or intensity of use; (iv) An increase in the impacts on traffic circulation and public utilities; (v) A reduction of not more than one percent (1%) in approved common open space. APPLICANT RESPONSE: There will be no change in the use or character of the development, outside of enhancing the use of the properties. There will not be an increase in density or intensity of use, traffic, or a reduction in approved common open space as the result thereof. Even with the proposed enhancements, there are more significant homes in Filing 2. (4) Reviewing Authority. The PZC shall review all final PUD applications and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall review and render a final decision on a final PUD application after conducting a public hearing. (5) Review Criteria. The PZC and the Town Council shall review the final PUD development plan and PUD rezoning according to the same approval criteria listed above for preliminary PUD development plans. Attachment A Veraldi Minor PUD Amendment Application 2/1/2021 14 CONCLUSION This Minor PUD Amendment's primary purpose is to reduce a rear setback to allow for an existing, constrained single-family home to improve its ability to shelter an additional vehicle and alleviate an inherited difficulty created by the developer (former owners). This Minor PUD Amendment does not increase density, increase the amount of nonresidential land use or significantly alter any approved building scale and mass of development (dimensional limitations/coverages) beyond what is typical of residences in Eaglebend Filing 2. Additionally, this amendment does not change the residential development character and maintains the intent and integrity of the PUD. This amendment also does not result in a net decrease in the amount of open space nor a change in the character of any other open space areas allocated within the PUD, as neither of these lots consists of approved and or designated open space areas. There is no adverse impact to the neighborhood, to the Town, nor to the community's general health safety or welfare, as simply improving an aging home without changing or adding uses or increasing the intensity of the existing residential use results from this application. The Veraldi family inherited the existing situation of a constrained garage and lack of parking and practical driveway from the previous owners of their single-family home. Over time, the needs of families and architectural standards in our valley have changed, and upgrades to this home built in 1989 are necessary- and encouraged by the Town of Avon Comprehensive Plan. As the purpose of PUD zoning is to provide the opportunity for flexibility in design elements like setbacks, the zoning remains appropriate as an overlay for this property. This Minor Amendment is very negligible in the grand scheme of the future of Avon; however, it is essential to the Veraldi family as a significant improvement to their quality of life, practical use of their home and lot, and economic investment in their home. Attachment A Attachment A Attachment A Attachment A Attachment A Attachment B Attachment C RESOLUTION NO. 21-02 APPROVING CASE #PUD20002, A MINOR PUD AMENDMENT TO LOT 1 AND TRACT A, BLOCK 1, FILING 2, EAGLEBEND SUBDIVISION WHEREAS, Jena Skinner (“Applicant”), on behalf of Angelo and Veronica Veraldi, has submitted a Minor PUD Amendment application (“Application”) for Lot 1 and Tract A, Filing 2, Eaglebend Subdivision; and WHEREAS, the Application was reviewed as a “Minor PUD Amendment” pursuant to code section 7.16.060(h)(ii), Avon Development Code; and WHEREAS, the Planning and Zoning Commission held public hearings on November 17, 2020, December 15, 2020, and January 19, 2021 after posting notice of such public hearings in accordance with the requirements of section 7.16.020(d), Step 4: Notice, Avon Development Code, and considered all comments provided; and WHEREAS, after holding a public hearing on January 19, 2021, the Planning and Zoning Commission made a recommendation that the Town Council approve the Application; and WHEREAS, the Avon Town Council held a public hearing on February 9, 2021, after posting notice of such public hearings in accordance with the requirements of Section 7.16.020(d), Step 4: Notice, Avon Development Code, and considered all comments provided; and WHEREAS, the Avon Town Council considered the review criteria set forth in section 7.16.060(e)(4), Avon Development Code for a Minor PUD Amendment, and found the Application in compliance with the review criteria. NOW, THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Approval. The Avon Town Council hereby approves Case #PUD20002, a Minor PUD Application for Lot 1 and Tract A, Block 1, Filing 2, Eaglebend Subdivision, Town of Avon, State of Colorado. ADOPTED ON THIS 9TH DAY OF FEBRUARY, 2021. TOWN OF AVON, COLORADO Sarah Smith Hymes ATTEST: Mayor Brenda Torres, Town Clerk 970.748.4413 mpielsticker@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Matt Pielsticker, Planning Director RE: Planning and Zoning Commission Appointments DATE: February 9, 2021 SUMMARY: There are currently three open seats on the Planning and Zoning Commission (“PZC”). With the recent departure of Commissioner Smith, who moved out of the valley, Staff has proceeded with an advertisement push to fill the openings and get back to a full seven-person Commission. The PZC terms are staggered two years, and routinely filled May of each year. On February 9, Staff is requesting that the Town Council make appointments and fill the three open seats. Five applications were received for the three open seats; however, the fifth application was from an Eagle-Vail resident. That application is not included for consideration as PZC has already reached its maximum limit of two members who live outside the Town boundaries. SELECTION PROCESS: The applicants will be brought into the Council’s virtual meeting, one-by-one, in the order applications were received, as follows: • Martin Golembiewski • Caroline Shoeller • Trevor MacAllister • Anthony Sekinger Each applicant will be provided a few minutes to introduce themselves and explain their interest in serving on PZC. There will then be some time for Council questions. Up to 6-7 minutes per applicant is scheduled. After the four applicants have had a chance to address the Council, there will be time for Council discussion. Staff will then request that each Council member e-mail their selected candidates to Brenda Torres and Paul Wisor for tallying. The results from each Council member will be read into the record, as well as the final selected candidates. Since one of the seats is a longer time period (May 2022), the Council shall make clear who will be filling the two May 2021 expiration seats, and the one May 2022 seat. CURRENT PZC COMPOSITION: Below is a summary of the Commission seats, their professions, terms, and place of residency: Name Profession Residency Term Notes Steve Nusbaum Metro Dist./DRB Edwards Resident Expires 2021 Since 2017 Jared Barnes Planning Manager Avon Resident Expires 2021 Since 2017 Donna Lang Interior Design Eagle-Vail Resident Expires 2022 First Term Sara Lanious Construction Manager Avon Resident Expires 2022 First Term Vacancy No. 1 Expires 2021 Lindsay Hardy Vacancy No. 2 Expires 2021 Rebecca Smith Vacancy No. 3 Expires 2022 (never filled) OPTIONS: • Fill 1, 2, or 3 vacancies. • Delay appointments until February 23rd meeting, or • Delay until second meeting April meeting, which is the routine annual appointment schedule. 970.748.4413 mpielsticker@avon.org QUALIFICATIONS: The PZC serves as the Town’s zoning and design review board, charged with reviewing long range planning and policy documents. Their role is more completely defined in Avon Municipal Code (“AMC”) Section 7.12.040 . The AMC requires that at least five (5) members shall be registered electors of the Town at the time of their appointment. The AMC also recommends a balance in membership (professional vs. lay) and that a minimum of two (2) industry professionals hold positions at all times, and that these professionals be architects, landscape architects or designers. The AMC guides and prioritizes appointments in the following prioritization: 1) Industry professionals; 2) Registered electors; and then 3) Persons having special skills and experience of particular value to PZC over persons who do not. Given the dual role in dealing with both zoning and design review authority for the Town, the AMC recognizes that a balance in membership is necessary between the lay community and industry professionals. STAFF RECOMMENDATION: I recommend that the Avon Town Council appoint members to fill all three vacant positions. One meeting was recently cancelled due to a lack of quorum. Aside from quorum concerns, the Commissioners have discussed the strength of having a full seven-person commission to draw depth in background and differing opinions. My recommendation includes Martin Golembiewski for the open May 2022 seat. This recommendation is based upon the fact that two seasoned members’ (Barnes and Nusbaum) terms are up this May. Whether or not those two Commissioners re-apply for an additional term this spring, it would be beneficial to capture Martin’s experience to ensure continuity. Caroline Schoeller’s design experience is also noteworthy as it meets the definition of “industry professional” per code. ATTACHMENTS: Applicant Information P.O Box 539 Avon, CO 81620 (970) 376-3128 January 19, 2020 Dear Sir or Madam, I am writing to express my interest for the Town of Avon Planning and Zoning Commission Member position. I am a current Town of Avon resident and first move to Avon in the fall of 1998. I am very familiar with the Town of Avon as I live, work and enjoy the many activities in the Town and the surrounding area. I am a Civil Engineer with a strong knowledge of civil engineering principles and practices. I possess a Professional Engineering License and a Bachelor of Science from Syracuse University in the field of Civil Engineering. I have experience as a design engineer and I also have construction experience working in the field of land and site development. I believe my eagerness and desire to learn, combined with the knowledge I have gained from working in development would make me a valuable asset to the Town of Avon. I am looking forward to discussing this opportunity with Town Staff in the near future. Thank you for your time and consideration. Sincerely, Martin Golembiewski Caroline E. Schoeller 998 West Beaver Creek Blvd. ¥ P.O. Box 9663 ¥ Avon, CO 81620 ¥ (978) 831-3636 ¥ caroline@schoeller.net January 21, 2021 Planning and Zoning Commission 100 Mikaela Way Avon, CO 81620 To whom it may concern, My name is Caroline Schoeller and I am writing to express my interest in becoming a member of the Planning and Zoning Commission board. For the past two years, I have worked professionally as a landscape designer. My experience ranges from designing urban plazas in downtown Boston at Ground Inc. and organizing planting schemes of rural mountain residences at Sprout Studio, to designing mountain resort spas, amenities, and parks at Zehren and Associates. While working at Zehren and Associates, I have become familiar with Avon, Beaver Creek, and the surrounding communities along the I-70 corridor. Although I am relatively new to living in the area, I have spent the past 6 years exploring Colorado during my time at Colorado College, and I have already worked on a variety of projects in Eagle County. These include new landscaping for a proposed gas station and existing water treatment plant, designing residential patios and hot tubs and helping Avon’s Art in Public Places complete their Bronze statues walking tour, to name a few. Additionally, during my time at Sprout Studio, and now at Zehren, I have navigated small town politics, and I have experienced the design review board submittal process. My time exploring Colorado and the skills I have gained from working on local projects have given me a strong background in design that I can bring to Avon’s Planning and Zoning board. As a member of this community, I am invested in its vitality, and I am interested in the impact future development has on the Town’s residents and its position in the valley. I would like to help existing communities combat the political, social, and environmental challenges facing the world today through innovative planning. I hope to learn as a member of the board and make an impact on this growing and dynamic town that I have come to call home. If I can provide you with any additional information, please feel free to contact me at (978) 831- 3636 or caroline@schoeller.net. I look forward to hearing from you soon. Sincerely, Caroline Schoeller Caroline E. Schoeller 998 West Beaver Creek Blvd. • P.O. Box 9663 • Avon, CO 81620 • (978) 831-3636 • caroline@schoeller.net EXPERIENCE Oct – Present ZEHREN AND ASSOCIATES Avon, CO Landscape Designer § Support the team with tasks such as site visits and analysis, planting schedules and plans, presentation graphics, CAD designs and construction documents, design review submittals and client meetings June – Oct 2020 SPROUT STUDIO, INC. Crested Butte, CO Landscape Designer § Created preliminary residential landscape designs and idea boards for client meetings § Conducted on-site visits to analyze current conditions, document on-going construction, verify field measurements and meet with clients about current and future design wishes and visions § Corresponded with developers and architects on projects such as creating way-finding signs for new local multi-million dollar development Jan – Oct 2020 NORTH VILLAGE PROJECT Mt. Crested Butte, CO Project Assistant § Appointed by Rocky Mountain Biological Laboratory’s (RMBL) executive director to assist in interviewing prospective design firms for the first phase of the valley’s largest multi-use development § Created summaries of open house meetings for town council and property owners documenting turnout demographics and providing analysis of the top opportunities and challenges community members identified May – Sep 2020 KEEP IT GREEN Crested Butte, CO Gardener § Gained proficiency in the planting and maintenance of Colorado native trees, flowers and shrubs Oct – Dec 2019 GROUND, INC. Somerville, MA Landscape Architecture Intern § Rendered seasonal scenes of projects in Photoshop including a public community square, the entryway to one of downtown Boston’s largest billion dollar projects § Edited AutoCAD site schematics, planting schemes, and Photoshop master plans to reflect updated designs § Participated in charettes and drafted conceptual drawings to inform preliminary design stages of projects § Translated 2D plans into physical to scale models using renderings and idea boards as guidance EDUCATION 2015 - 2019 COLORADO COLLEGE Colorado Springs, CO Bachelor of the Arts, Major: Environmental Science, Minor: Urban Studies – GPA: 3.75 § Dean’s List and Phi Beta Kappa Society ΦBK Fall 2018 TUCK SCHOOL OF BUSINESS AT DARTMOUTH Hanover, NH Tuck Business Bridge Program § Participated in a highly-selective three-week program taught by MBA faculty with core courses ranging from marketing and financial accounting to business communications and spreadsheet modeling Fall 2017 DIS – STUDY ABROAD IN SCANDINAVIA Copenhagen, Denmark Urban Studies Student, Outdoor Living and Learning Community § Studies included tours around Denmark, Stockholm, Helsinki, allowing a comparative view of urban design approaches and design trademarks across three Scandinavian countries Summer 2017 HARVARD GRADUATE SCHOOL OF DESIGN – DESIGN DISCOVERY Cambridge, MA Participant § Six-week landscape architecture course focused on three short, intensive projects similar to a first-year graduate school of design program exploring the fundamentals of landscape and urban design Summer 2016 UC BERKELEY – DESIGN AND INNOVATION FOR SUSTAINABLE CITIES Berkeley, CA Participant § Intensive five-week program that explored an interdisciplinary and multi-scalar approach to design and analysis in the urban environment through research of the Bay area, model building and using software including: Adobe Creative Suite, ArcGIS, and Rhino PERSONAL § Languages: English and German with dual citizenship United States/Germany § Proficient in Adobe Creative Suite, Microsoft Office, Sketch Up and AutoCAD § Volunteer work: Summer and winter volunteer at the Crested Butte Adaptive Sports Center since 2013 § Hobbies: Snowboarding, mountain biking, hiking, drawing, and traveling Caroline E. Schoeller 998 West Beaver Creek Blvd. • P.O. Box 9663 • Avon, CO 81620 • (978) 831-3636 • caroline@schoeller.net REFERENCES REBECCA SMITH Architect Zehren and Associates 48 E Beaver Creek Blvd Avon, CO 81620 Phone: 937-902-2769 Email: rebeccas@zehren.com LINDSAY HARDY Architect Zehren and Associates 48 E Beaver Creek Blvd Avon, CO 81620 Phone: 850-252-0742 Email: lindsayh@zehren.com PEDRO CAMPOS Principal, Landscape Architect Zehren and Associates 48 E Beaver Creek Blvd Avon, CO 81620 Phone: 970-390-4270 Email: pedroc@zehren.com 1 From: Sent: To: Subject: Attachments: Trevor MacAllister <tmacallister@ranelson.com> Monday, January 25, 2021 3:07 PM Jobs Email; Matt Pielsticker Avon Planning and Zoning Commission EMPLOYMENT APPLICATION.pdf; Resume Hi All I sending this email to apply for an open seat on the Avon Planning & Zoning Commission and would like it to serve as a letter of interest simultaneously. I have been working for a local general contractor in the valley for the last four years and recently purchased a home in Wildridge. I am a Colorado native from Gunnison and have always had an interest in the impact construction and development has on local communities. I am interested in this position because I believe I can bring valuable insight to the commission because of my experience in the commercial and residential construction industry. Upon review of my resume, you will find that I have been the lead superintendent on multiple complicated and diverse construction projects in the Vail Valley. I chose to purchase a home in Wildridge for a number of reasons including the fact that I find Avon to be the most desirable location in the Vail Valley for local working class families and individuals. I believe it is important that Avon represents the working class in all aspects of government and I hope to serve on this commission to do just that. Thanks Trevor MacAllister RA Nelson LLC | Superintendent 970.209.9421 (C) | 970.949.5152 (O) | 970.949.4379 (F) 51 Eagle Road #2 | P.O. Drawer 5400 | Avon, CO 81620 www.ranelson.com Please consider your responsibility to the environment before printing this e-mail. This e-mail, including any attachments, is intended solely for the person(s) to whom it is addressed and may contain confidential information protected by law. If you have received this e-mail in error, please notify us immediately by reply e-mail and then delete this message from your system and destroy all copies. Disclosing, copying, distributing information included in this message, or taking action based on this message by anyone other than the intended recipient(s) is strictly prohibited. We appreciate your cooperation. Unless stated to the contrary, any opinions or comments are personal to the writer and do not represent the official view of the company. Trevor MacAllister Physical: 2450 Saddle Ridge Loop #A Avon, CO 81620  Mailing: PO Box 341 Wolcott, CO 81655 Phone: (970)-209-9421  E-Mail: tmacallister@ranelson.com Education Bachelor of Science in Construction Management Minor in Business Administration Colorado State University- Fort Collins Graduated 2017 – 3.75 cumulative GPA Sigma Lamda Chi (SLX) Member, Spring 2016 Spring 2015, Fall 2015 and Spring 2016 Dean’s List recipient 2015-16 NAHB Competition, Project Manager Work Experience Superintendent for R.A. Nelson & Associates June 2018 to Present • Responsibilities: Create, maintain, and deliver a safety driven culture, quality control program and construction schedule tailored to each project. The best possible outcome for any project is to deliver a product I can stand behind and that each owner is completely satisfied with. • Projects: Stillwater Employee Housing, 5 buildings with 21 units for ERWSD, $11M in 13 months, 2018-2019 • Four Seasons Private Residences, renovations to for sale private residence units inside an occupied hotel, $5.5M in 6 months, 2019 • Kelton Residence, single family home remodel, $2M in 7 months, 2020 • Stephens Park Play Area Renovation, renovation of a Town of Vail play area, $300k in 4 months, 2020 • Valley Condos Pool Renovation, complete pool rebuild, $270k in 4 months, 2020 • 375 Mill Creek, major renovation of a single-family home, $11M in 12 months, 2020-2021 Assistant Superintendent for R.A. Nelson & Associates June 2017 to June 2018 • Project: Chamonix Vail Affordable Housing, 10 mixed modular & site-built buildings with 32 residential townhome units, $16M contract in 9.5 months • Paired with a General Superintendent and started the project with broad range of responsibilities to facilitate schedule, quality control and safety. Morphed into the “exterior super” to manage exterior building envelopes and site construction. Finished the last two buildings as the site superintendent closing the project out. Intern for R.A. Nelson & Associates Summer 2016 • Project: Vail Spa Condominiums Renovation, major exterior and interior renovation of an existing mixed use building, $10M contract in 7.5 months 2 • Assistant superintendent intern position - responsibilities included subcontractor and self perform work coordination, detailed communication with project team/subcontractors/owners, daily construction reports, documentation and QC of onsite activites, updating construction documents/submittals, creating and posting RFIs and material purchasing. • Involved with scheduling, cost to complete meetings, OAC meetings and Town of Vail contractor coordination meetings Intern for Oldcastle SW Group d.b.a. United Companies & Telluride Gravel Summer 2015 • Experience in various aspects of heavy civil construction ranging from driveway paving operations, large scale residential and airport excavation as well as a fourteen-mile highway repaving project. • Responsibilities included estimating, project/employee management, customer/subcontractor relations and coordination, plan reading, manual labor and general paperwork duties. • Personally used Bid To Win (B2W) to create and finalize estimates for numerous projects varying from driveways under $10,000 to an airport taxiway rehabilitation nearing $1.5 million. • Management side including coordination of smaller dirt crews to larger paving crews on what each project required and making field decisions on unforeseen conditions. Carpenter for Matt Ventura Design Build LLC: Gunnison, CO Summer/ Winter 2014 • Carpenter on various jobs including reroofs, 1,000 sq/ft home addition, multiple small scale remodels and demolition of a 5,000 sq/ft lodge followed by building of a new 10,000 sq/ft lodge. • Responsibilities included rough and finish carpentry, framing, earthwork, welding, roofing, siding, plan reading and so on. Experienced or worked on almost all aspects of residential construction. Skills & Values Highly proficient in management role in both residential and commercial construction, ability to execute challenging projects including fast tracks, advanced use of construction tools and technology, willing and eager to learn, grow and challenge myself continually in my professional career. Native from Gunnison, CO and an outdoor enthusiast always spending my free time mountain biking, hunting, backpacking, rafting or anything that gets me outside. Always looking for a new challenge and never satisfied with a job half done. Appreciate the opportunity to work with others but perform equally well alone. References Available Upon Request Dear Town of Avon, As a homeowner in Avon, I find myself rooted deeper in our community. Being a part of the decision-making process and leadership team of organizations is something that I seek. I believe that my abilities to listen, communicate and empathize make me a great candidate to support our community from this position of service. My degree in Construction Management will be very much relevant, and I will be able to tell my parents I am using it (lol). There are a few present/past service-based responsibilities that I have not listed on my resume:  Vice President of Sonnen Halde HOA (current)  Community Engagement chair (past)  Free Website Support for Non-Profits (past) In the recent years, I have become more interested in working on behalf of our community and being a steward to our citizens. Thank you for your consideration. Anthony Sekinger ANTHONY SEKINGER CONTACT PHONE: 970-312-9894 EMAIL: Tonysek511@gmail.com ANTHONY SEKINGER Avon, CO 81620 Mobile: 970-312-9894 tonysek511@gmail.com BUSINESS DEVELOPMENT, CUSTOMER CARE & PROJECT MANAGEMENT PROFESSIONAL SUMMARY OF EXPERIENCE  Results driven professional with sales, management, and service in the Construction & Software industry.  Proven track record with successfully closing deals and receiving high scores in client surveys.  Success in co-managing commercial construction projects, large and small, and delivering per specifications and within budget.  Unique ability to develop strong working relationships with clients, executive management, business partners and vendors. PROFESSIONAL EXPERIENCE RESORT DATA PROCESSING- Avon, CO 2015 – 2020 Director of Business Development  Build proactive sales systems and solutions to drive revenue.  Work alongside sales team to optimize the sales database and create targeted marketing campaigns.  Contract vendors and act as visionary to build creative content.  Collaborate with marketing partners to create brand marketing content; digital and physical.  Foster strengths and values of the organization and market the company to aligned partners.  Network at conferences and industry events as the face of the organization. Outside Sales Representative  Create, Seek and Maintain relationships with customers who are interested in upgrading their current solutions. Guiding decision makers through the buying process.  Build sustainable relationships, internally and externally, of trust through open and interactive communication.  Manage new projects and account satisfaction for up to 3 years, acting as the buyer’s agent.  Collaborate with sales team to create new revenue streams and optimize internal systems in place.  Perform onsite demonstrations of software for prospective clients and their decision makers. Project Coordinator  Coordinate, schedule and manage full implementation lifecycle efforts for an existing client base of approximately 700 clients to include: implementing new software upgrades and interfaces, migrating client platforms from an on-premises solution to a hosted solution, managing the upgrade process from beta phase to market ready and managing the training efforts on the new versions.  Manage 3rd party vendor relationships and coordinate new development efforts for software upgrades.  Train team members on new features and upgrades for new software versions. ANTHONY SEKINGER Page 2 of 2 Support Technician  Perform software installations for clients for both new implementations and upgrade projects.  Train clients on software and business workflows to ensure functional optimization.  Provide first level contact for clients to include: resolution management, walk clients through problem solving process, ensure timely follow up with clients and effective communication.  Track, escalate, and redirect problems to correct resources.  Issue and management tracking to include proper recording, documentation and closure. RIDGEMONT COMMERCIAL CONSTRUCTION- Dallas, TX, 2012 – 2014 Assistant Project Manager  Coordinated work with project own representatives, architects, engineers, inspectors, and site subcontractors.  Managed estimating and bidding processes and tracked costs to manager project budget.  Wrote contracts and purchase orders using company templates and language to document all ordered work, schedules, projected costs, change orders and technical specifications.  Participated in meetings to coordinate work and manage labor concerns.  Implemented project schedules including each task associated with project completion.  Documented the technical, financial and personnel aspects of each project.  Reviewed project drawings, specifications, submittals and change orders.  Provided field support to construction superintendents to help ensure contract compliance, quality control and maintenance of safe work site.  Tracked project phase completion against milestones. SOUTHLAND INDUSTRIES- Dallas, TX, 2011 – 2011 Intern/Project Engineer  Performed job set-up duties such as forms, cost estimating, and baseline scheduling.  Served as contract administrator for contract and subcontract agreements.  Fostered and enhanced owner, architect, subcontractor and vendor relations.  Developed, updated, and communicated Master Project Schedule.  Worked with preconstruction team in development of project.  Managed the quality assurance/quality control program.  Provided management with status reports on progress of project and budget through regularly scheduled Operation Review Meetings. EDUCATION Oklahoma State University, Stillwater, OK Bachelors in Engineering Technology, Construction Management Technology VOLUNTEER EXPERIENCE  Ute Springs Experiential Learning Center – Website content management (WordPress), Eagle CO  Hearts and Hammers Residential Project – Dallas, TX  Custer Road United Methodist Church - Camp Counselor, Crossville TN 970-300-4373 pwisor@garfieldhecht.com TO: Honorable Mayor Smith Hymes and Councilmembers FROM: Paul Wisor, Town Attorney RE: Resolution 21-03 DATE: February 4, 2021 SUMMARY: On November 3, 2020, Councilor Lindsay Hardy was elected to serve on Avon Town Council. Councilor Hardy is employed by Zehren and Associates (“Zehren”). Resolution 21-03 confirms that notwithstanding Councilor Hardy’s employment status, Zehren is still eligible to perform work on behalf of the Town, and the Town may continue to solicit Zehren to perform work in the future. DISCUSSION: On November 3, 2020, Councilor Lindsay Hardy was elected to serve on Avon Town Council. Councilor Hardy is employed by Zehren, who has provided a variety of services to the Town since 1984. The Town, in its regular course of business, often solicits Zehren for responses to various requests for proposals related to Town financed projects. As a general matter, pursuant to Section 2-101(1) of the Town of Avon Procurement Code (the “Procurement Code”), the Town Council shall approve all contracts entered into by the Town shown in the annual, general, or Capital Improvement Program (CIP) budgets, either directly or indirectly through the delegation of authority to the Town Manager. Further, under Section 7-207 of the Procurement Code, except as may be permitted by regulations or rulings of the Town Council, it shall be a breach of ethical standards for any employee who is participating directly or indirectly in the procurement process to be the employee of any person contracting with the Town. The Procurement Code defines “Employee” to include members of Town Council. Pursuant to Section 7-203 of the Procurement Code, it shall be a breach of ethical standards for any employee to participate directly or indirectly in a procurement when the employee knows that (1) the employee or any member of the employee's immediate family has a substantial financial interest pertaining to the procurement; (2) a business or organization in which the employee, or any member of the employee's immediate family, has a substantial financial interest pertaining to the procurement; or (3) any other person, business, or organization with whom the employee or any member of the Employee's immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement. Section 2.30.050 of the Avon Municipal Code defines “substantial financial interest” as an interest owned or held by an officer which (1) an ownership interest in a business; (2) a creditor interest in a business; (3) an ownership interest in real or personal property; (4) a loan or any other debtor interest; (5) a directorship or officership in a business. Councilor Hardy is not a principal with Zehren, and therefore does not have a substantial financial interest in Zehren. Resolution 21-03 is being considered in order to clarify Zehren may continue to provide services to the Town, and Town staff is authorized to continue to provide requests for proposals to Zehren or otherwise solicit Zehren for services. Councilor Hardy, however, is still required to adhere to the Procurement Code and the Code of Ethics and evaluate whether she needs to disclose conflicts of interest related to contracts with Zehren or any third party applications before Council in which Zehren in involved. FINANCIAL CONSIDERATIONS: Resolution 21-03 creates no cost to the Town. RECOMMENDATION: Staff recommends adoption of Resolution 21-03. 970-300-4373 pwisor@garfieldhecht.com PROPOSED MOTION: “I move to approve Resolution 21-03, confirming Zehren and Associates eligibility to provide architectural, planning, interior design, landscape architecture and related services to the Town of Avon.” Thank you, Paul Wisor ATTACHMENTS: Resolution 21-03 Res 21-03 Zehren and Associates Eligibility to Continue to Provide Service to the Town Page 1 of 3 RESOLUTION 21-03 CONFIRMING ZEHREN AND ASSOCIATES ELIGIBILITY TO PROVIDE ARCHITECTURAL, PLANNING, INTERIOR DESIGN, LAND SCAPE ARCHITECTURE AND RELATED SERVICES TO THE TOWN OF AVON WHEREAS, Zehren and Associates (“Zehren”) is a Avon based company providing architectural, planning, interior design and landscape architectural services; and WHEREAS, Zehren has provided a variety of services to the Town since 1984; and WHEREAS, the Town, in its regular course of business, often solicits Zehren for responses to various requests for proposals related to Town financed projects; and WHEREAS, Zehren staff are valued members of the community who contribute to Town projects and other efforts outside of their capacity as Zehren employees; and WHEREAS, pursuant to Section 2-101(1) of the Town of Avon Procurement Code (the “Procurement Code”), the Town Council shall approve all contracts entered into by the Town shown in the annual, general, or Capital Improvement Program (CIP) budgets, either directly or indirectly through the delegation of authority to the Town Manager; and WHEREAS, pursuant to Section 7-207 of the Procurement Code, except as may be permitted by regulations or rulings of the Town Council, it shall be a breach of ethical standards for any Employee who is participating directly or indirectly in the procurement process to become or be the employee of any person contracting with the Town; and WHEREAS, Section 1-301 of the Procurement Code defines “Employee” as “means an individual drawing a salary from the governmental body, whether elected or not and any non- compensated individual performing a personal service for any governmental body, including but not limited to members of the Town Council, members of volunteer and/or advisory boards;” and WHEREAS, pursuant to Section 7-203 of the Procurement Code, it shall be a breach of ethical standards for any Employee to participate directly or indirectly in a procurement when the employee knows that (1) the Employee or any member of the Employee's immediate family has a substantial financial interest pertaining to the procurement; (2) a business or organization in which the Employee, or any member of the Employee's immediate family, has a substantial financial interest pertaining to the procurement; or (3) any other person, business, or organization with whom the Employee or any member of the Employee's immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement; and WHEREAS, Section 2.30.050 of the Avon Municipal Code defines “substantial financial interest” as an interest owned or held by an officer which (1) an ownership interest in a business; (2) a creditor interest in a business; (3) an ownership interest in real or personal property; (4) a loan or any other debtor interest; (5) a directorship or officership in a business; and WHEREAS, Councilor Lindsay Hardy was elected to Avon Town Council on November 3, 2020; and WHEREAS, Councilor Hardy is employed as an architect with Zehren; and Res 21-03 Zehren and Associates Eligibility to Continue to Provide Service to the Town Page 2 of 3 WHEREAS, Councilor Hardy does not have a “substantial financial interest” in Zehren as defined under Section 2.30.050 of the Municipal Code; and WHEREAS, in light of the excellent work and service Zehren has provided in the past, the Town Council wishes to continue to utilize Zehren’s services in the future; and WHEREAS, the Town desires to engage Zehren now and in the future unrelated to Councilor Hardy’s role as a member of Avon Town Council. NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated by reference and adopted as findings and determinations of the Town Council. Section 2. Continued Eligibility. The Avon Town Council hereby confirms, notwithstanding the election of Councilor Hardy to serve as a member of the Avon Town Council, Zehren is eligible to continue to provide architectural, planning, interior design and landscape architectural services and other related services to the Town and to receive requests and other solicitations related thereto. Section 3. Code of Ethics. Notwithstanding anything contained herein, Councilor Hardy shall continue to be subject to all requirements of the Town of Avon Ethics Code, as amended, and the Procurement Code, as amended, and shall disclose any potential conflicts of interests related to any contract entered into by the Town and Zehren or any third party application submitted to Town Council involving Zehren. [SIGNATURE PAGE FOLLOWS] Res 21-03 Zehren and Associates Eligibility to Continue to Provide Service to the Town Page 3 of 3 ADOPTED this 9th day of February 2021. AVON TOWN COUNCIL By: __________________________________ Sarah Smith-Hymes, Mayor Attest: ________________________________ Brenda Torres, Town Clerk AVON REGULAR MEETING MINUTES TUESDAY JANUARY 26, 2021 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 meeting to order at 5:00 p.m. A roll call was taken, and Council members present by video/audio were Lindsay Hardy, Scott Prince, Tamra Underwood, RJ Andrade, Chico Thuon and Amy Phillips. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Chief of Police Greg Daily, Planning Director Matt Pielsticker, Human Resources Director Lance Richards, Mobility Director Eva Wilson, General Government Manager Ineke de Jong, and Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:35 Part One Mayor Smith Hymes explained we are Live on Channel Five and tonight we are also Live on Facebook and and Youtube. Mayor Pro Tem Phillips moved to approve the agenda as presented. Councilor Hardy seconded the motion and the motion passed unanimously. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:02:20 Part One No conflicts of interest were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:02:33 Part One Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email for public comments. Joyce Cohen welcomed the two new Councilors and asked for an opportunity to talk again about the circumstances in puppy mills and the ordinance that have been passed in peer communities. She explained this should be passed before a pet store opens up in town and asked Council to reconsider discussing a puppy mill ordinance on a future Council agenda. Larry Cohen mentioned he lives in New Jersey and he is the brother of Joyce Cohen. He spoke about 103 puppy mill ordinances that have passed locally in his area and said there are some opponents such as the American Kennel Club. 5. BUSINESS ITEMS 5.1. PRESENTATION: VISTA PROJECT (ABBY MUSFELDT DALLMANN AND ANGELO FERNANDEZ, EAGLE COUNTY) Video Start Time: 00:12:48 Part One Angelo Fernandez with Eagle County joined the virtual meeting together with Clark Anderson and Colton Berck. Clark Anderson was introduced as the partner in this project and he took Council through the brief PowerPoint included in the packet. Mayor Pro Tem Phillips inquired about the initiatives and ideas this group has to engage the Spanish speaking community. He confirmed engagement has not started yet, but it is on the front of their minds and they have designed strategies to get the Spanish speaking community involved. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 26, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Angelo Fernandez said that Eagle County has departments that are focused on building trust and relationships with the Hispanic community through projects like Mi Salud Mi Charco. It is important that Hispanic community members are part of the stewardship team so we can get their input and involvement. Mayor Smith Hymes asked for public comment and no public comments were made. Mayor Smith Hymes said the Town will appoint a steward to get involved. Mayor Pro Tem Amy Phillips volunteered to be the Avon steward. The 2021 appointment to Boards & Commissions on the website has been updated. 5.2. COUNCIL CONSIDERATION TO SIGN LETTER OF SUPPORT FOR GOCO APPLICATION TO ACQUIRE FUNDING TO CREATE A SEASONAL FULL-TIME PAID TRAIL CONSERVATION CREW (MAYOR SMITH HYMES) Video Start Time: 00:33:19 Part One Ernest Saeger, Executive Director of VVMTA, joined the virtual meeting and gave a brief overview. He explained this grant helps with the immediate impact that the significant increase in recreation since the start of the pandemic has had on our public lands and wildlife. He said the trail crews will lead the volunteer crews who have a hard time keeping up with current impact on public trails and public lands. Councilor Andrade inquired about long term plans. Ernest Saeger explained this grant is seed funding and there are plans to secure long term funding beyond 2021. Mayor Smith Hymes asked which public lands are involved and Ernest confirmed this is not only the West Avon Preserve but it also includes June Creek Road and USFS Road 779. Mayor Smith Hymes asked for public comment and no public comments were made. Mayor Smith Hymes polled Council and all 7 Councilors were supportive to sign the letter as the full Council with individual names. Councilor Thuon asked about snowmobiling on Road 779 and there was a brief discussion. 5.3. WORK SESSION: FINANCIAL REPORT AND QUARTERLY RETT REPORT (FINANCE DIRECTOR AND ASSISTANT TOWN MANAGER SCOTT WRIGHT) Video Start Time: 00:47:49 Part One Mayor Smith Hymes was having technical difficulties and got disconnected at 5:48 p.m. Mayor Pro Tem Phillips took over the meeting and introduced this item . Mayor Smith Hymes got re -connected at 5:50 p.m. Mayor Smith Hymes got disconnected again at 5:52 p.m. Mayor Smith Hymes got re -connected at 5:55 p.m. Finance Director Scott Wright joined the virtual meeting and spoke about the Town's 2020 finances. He said the COVID-19 impact on Town sales taxes was less severe than the conservative numbers estimated in the spring. Councilor Prince wanted to remind the public that the Town collects 4% of the 4.75% sales taxes at the Traer Creek Plaza. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 26, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Finance Director Scott Wright confirmed these reports will be presented to the Finance Committee on Thursday and he will follow up in February with final 2020 information. Mayor Pro Tem Phillips asked to add the Mi Casa exemption details to the quarterly Real Estate Transfer Tax (RETT) report in the future. Councilor Prince asked if we could track real estate transactions in Avon for primary residents versus second homes purchases. Mayor Pro Tem Phillips said that the title companies have access to reports that have more information so staff could ask them. Mayor Smith Hymes asked for public comments and Tom Ruemmler commented about the RETT. He said Avon was grandfathered in after TABOR and expressed he would like to be included in a public discussion. He said this tax is a large expense at closing cost and it is a better scenario to get rid of it and spread this tax burden over more people, including tourists. He said seven people on Council should not decide, but rather the people should vote on this. Town Attorney Paul Wisor clarified the RETT is typical in mountain communities, not illegal, and Avon has specific purposes on what the RETT funds can be used for. 5.4. PRESENTATION: DEPARTMENTAL GOALS FOR 2021 Video Start Time: 01:21:43 Part One Town Manager Eric Heil said we provided a redline to show changes made after the last Council meeting. He mentioned there will be department calendars with project timelines and these this will help put together future Council meeting agendas. Councilor Underwood suggested taking a large approach for finance and combining the analysis of RETT, a potential use tax and a potential marijuana tax, goals 3, 12 and 13, for a more robust study and rich answer. She also commented on the Health & Rec Committee and the Finance Committee. Town Manager Eric Heil said that both of those committees are up and running and have agendas and goals based on the resolutions that Council adopted. Mayor Smith Hymes suggested to include committee meeting minutes in future Council packets. Mayor Pro Tem Phillips asked if the second homeowners study done by NWCCOG in 2004 and 2008 should be updated. Councilor Underwood will raise the suggestion to update this study during this week's NWCCOG meeting. Mayor Smith Hymes asked for public comment and no public comments were made. 5.5. OVERVIEW OF MUNICIPAL LAW (TOWN ATTORNEY PAUL WISOR) Video Start Time: 01:42:44 Part One Town Attorney Paul Wisor provided an overview of the Code of Ethics, Ex Parte Contacts and Simplified Rules of Order. Council discussed Conflicts of Interest. Mayor Smith Hymes asked for public comment and Tom Ruemmler asked why Jake Wolf had a conflict of interest with the Executive Session to discuss the Recall Election and why Amy Phillips did not. Town Attorney Paul Wisor said that issue can be addressed once the Judge rules on the declaratory judgement. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 26, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 5.6. PUBLIC HEARING: SECOND READING ORDINANCE 21-01 APPROVING HOLY CROSS FRANCHISE AGREEMENT (TOWN ATTORNEY PAUL WISOR) Video Start Time: 00:00:01 Part Two Town Attorney Paul Wisor clarified which communities have 20-yr terms and 15-yr terms and that Holy Cross would prefer a 20-yr term, but would entertain a 15-yr term based on examples in other communities. There was Council discussion on the pros and cons for both. Mayor Smith Hymes asked for public comment and no public comments were made. Councilor Prince moved to approve on second reading Ordinance 21-01 Granting a Franchise to Holy Cross Energy for Distribution of Electrical Energy to the Residents of the Town of Avon for Light, Heath, Power and Other Purposes, revising it to a term of 15 years. Councilor Hardy seconded the motion and the motion passed with a vote of 4 to 3. Mayor Smith Hymes, Mayor Pro Tem Phillips, and Councilor Underwood voted no. 5.7. PUBLIC HEARING: SECOND READING ORDINANCE 21-03 APPROVING MUNICIPAL CODE AMENDMENTS RELATED TO WOOD BURNING DEVICES (MATT PIELSTICKER) Video Start Time: 00:17:14 Part Two Planning Director Matt Pielsticker presented Ordinance 21-03 and expressed there was a slight change to the language from new technology devices to new technology wood stoves since the January 12th meeting. Councilor Underwood asked for some changes in the language in sections 9.02.1 and 9.02.2. Mayor Smith Hymes asked for public comment and no public comments were made. Councilor Underwood moved to approve on second reading Ordinance 21-03 Amending Avon Municipal Code Chapter 15.16.060 to Permit the Replacement of Existing Solid-Fuel Devices with New-Technology Wood Stoves, with the changes she noted earlier to sections 9.02.1, definitions, and 9.02.2, regulations of fireplaces. Councilor Hardy seconded the motion and the motion passed unanimously. 5.8. APPROVAL OF DUE DILIGENCE APPLICATION FOR NOTTINGHAM RESERVOIR CONDITIONAL WATER RIGHT (MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C., RICHARD J. MEHREN) Video Start Time: 00:23:37 Part Two Town Manager Eric Heil explained we have to file every 6 years and it is really not optional. He explained this reservoir is located North of I-70 on Post Blvd and is situated on private property. Town Engineer Justin Hildreth joined the meeting and answered Council questions. Mayor Smith Hymes asked for public comment and no public comments were made. Councilor Underwood moved to approve the filing of the Due Diligence Application for Nottingham Reservoir Conditional Water Right. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 26, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 5.9. NOTICE OF AWARD FORMER TOWN HALL DEMOLITION (TOWN ENGINEER JUSTIN HILDRETH) Video Start Time: 00:33:54 Part Two Town Engineer Justin Hildreth explained when the Town put this to bid one year ago, we only received 1 bid and then decided to split the project into a utilities project and a demo project. He said this is just the demo and asbestos project, and this was open to bid for 5 weeks, being Tasman Geosciences, Inc. with $571,235 the lowest bid. He mentioned his memo also recommends increasing the budget to cover contingencies and other expenses and that the work is scheduled to start in early March and be completed by June 1. He confirmed the public parking lots will be closed for the duration of the project and the Utility project has been a challenge and the electrical work is left to do. He explained that after a short construction shutdown, the contractor will come back and complete this by May 15th. There was Council discussion on the Town's construction projects budgets and timelines and the contracts and penalties. Mayor Smith Hymes asked for public comment and no public comments were made. Mayor Pro Tem Phillips moved to authorize issuance of Notice of Award for the Former Town Hall Demolition Project contract to the low bidder, Tasman Geosciences Inc. in the amount of $571,235 as approved in the Town of Avon 2021 Capital Projects Fund and direct Staff to increase the project budget to $643,359. Councilor Prince suggested to add a completion date in the motion. Dates were discussed but the motion did not receive a second and the motion failed. Mayor Pro Tem Phillips moved to continue this item to the February 9th meeting and have the contractor attend the meeting. Councilor Hardy seconded the motion and the motion passed with a vote of 6 to 1. Mayor Smith Hymes voted no. 5.10. NOTICE OF AWARD FOUR VARIABLE MESSAGE BOARD SIGNS (TOWN ENGINEER JUSTIN HILDRETH) Video Start Time: 01:08:34 Part Two Town Engineer Justin Hildreth explained where these signs are anticipated. Council extensively discussed the different elements of these Variable Message Signs (VMS) boards including the location, the messaging, the light pollution and brightness, potential distraction while driving, appearance and design of the monuments , consistency and having the Walgreens sign to look the same, the clarity when viewing from an angle, potential sign fatigue and micro messag ing per neighborhood. Councilor Thuon commented and emphasized that Council should listen to the community. He left the meeting at 8:56 p.m. Councilor Prince asked Town Engineer Justin Hildreth to present a map with all the locations , costs for bases , and pictures of real -life samples of signs in Denve r. Town Engineer Justin Hildreth clarified he has a bid on the bases similar to the one at Walgreens. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 26, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 After Council discussion, Councilor Prince moved to table this item to an uncertain date. Mayor Pro Tem Phillips seconded th e motion and the motion passed with a vote of 5 to 1. Mayor Smith Hymes voted no. Council Thuon was absent. 6. MINUTES 6.1. APPROVAL OF JANUARY 12, 2021 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES) Video Start Time: 01:52:27 Part Two Mayor Smith Hymes clarified that minutes in the packet have been updated. Councilor Underwood moved to approve the January 12, 2021 Regular Meeting Minutes as presented. Councilor Prince seconded the motion and the motion passed with a vote of 6 to 0. Councilor Thuon was absent. 7. WRITTEN REPORTS 7.1. January 5th Planning and Zoning Commission Meeting Abstract (Planner David McWilliams) 7.2. Upper Eagle Regional Water Authority Dec 17, 2020 Meeting Summary (Mayor Smith Hymes) 8. MAYOR AND COUNCIL MOMMENTS & MEETING UPDATES Video Start Time: 01:53:09 Part Two Mayor Pro Tem Phillips reported that the Eagle Air Alliance is looking into grant funding which is spearheaded by Eagle County Staff and said the airport is doing better than most as people choose to travel to small mountain resort communities. She also reported that she attended the High Five Access Media meeting and they are working on ways to ensure they can support a blended meeting format when meetings go back to meet in-person and have a virtual attendance element. She mentioned there are open seats on the board for citizens at large, please call her if you are interested. She ended her comments saying she is rather disappointed that Councilor Thuon left and decided not to finish the meeting. She called his behavior immature, unprofessional and totally unnecessary. Councilor Hardy reported she attended the CASE and Health & Rec Committee meetings last week. The CASE Committee discussed plans for hiring artists to do a mural on the Recreation Center. The Health & Rec Committee discussed outcomes of the 2018 community survey and input for the 2021 community survey. She inquired when we will start interviewing PZC candidates for the vacant positions. Mayor Smith Hymes heard a misunderstanding that we are "spending taxpayer money to fight the railroad". She wanted to clarify that the Town is not taking a position but is trying to fully understand the impact it would have if it went through. She reminded Council that the Colorado Association of Ski Towns (CAST) meetings are happening virtually this Thursday at 2:00 p.m. and Friday at 10:00 a.m. and that all Councilors are welcome to join. She polled Council asking which Councilors want to revisit puppy mills at a future meeting. Council decided they did not want to bring this back at a future meeting. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 26, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:28 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 Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade PLANNING AND ZONING COMMISSION MEETING ABSTRACT TUESDAY, FEBRUARY 2, 2021 VIRTUAL MEETING 1. CALL TO ORDER AND ROLL CALL Chairperson Jared Barnes called the meeting to order at 5:06 p.m. A roll call was taken, and Planning Commission members present were Donna Lang, Sara Lanious, and Steve Nusbaum. Also present were Town Planner David McWilliams, and Planning Director Matt Pielsticker. 2. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX-PARTE COMMUNICATION RELATED TO AGENDA ITEMS Action: No conflicts or communication were disclosed. 3. APPROVAL OF AGENDA Action: Commissioner Nusbaum motioned to approve the agenda with the removal of item 5, due to illness. Commissioner Lanious seconded the motion and it carried unanimously 4-0. 4. BUSINESS ITEMS 4.1. 5380 EAGLEBEND DRIVE - LOT 1, BLOCK 2 EAGLEBEND SUBDIVISION - P UBLIC HEARING MAJOR DEVELOPMENT PLAN PROPOSAL FOR AN ADDITION ABOVE THE GARAGE (TOWN PLANNER DAVID M CWILLIAMS & G UY ERICKSON). Public Comment: None. Action: Commissioner Lanious motioned to approve Case #MJR20005 with the following findings and condition: Findings: 1. The Application was reviewed pursuant to §7.16.080(f), Development Plan, 2. §7.16.090(f), Design Review. 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. Condition: 1. All light fixtures on the property shall be dark sky compliant prior to completion of the addition. Commissioner Nusbaum seconded the motion and it carried unanimously 4-0. 4.2. 5150 LONGSUN L ANE- LOT 61 BLOCK 4 WILDRIDGE SUBDIVISION - PUBLIC HEARING – PUD LOT SPLIT TO CHANGE THE LOT FROM DUPLEX RIGHTS TO RIGHTS FOR TWO SINGLE FAMILY HOUSES (TOWN PLANNER DAVID MCWILLIAMS & J EFF MANLEY). Public Comment: A note from Mark & Tami Marto was shown to PZC. Action: Commissioner Nusbaum motioned to continue the case until the February 16 meeting. Commissioner Lanious seconded the motion and it carried unanimously 4-0. ______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS WERE 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 PLANNER DAVID MCWILLIAMS AT 970-748-4023 OR EMAIL CMCWILLIAMS@AVON.ORG WITH ANY SPECIAL REQUESTS. 1 5. CONSENT AGENDA 5.1. J ANUARY 19, 2021 MEETING MINUTES 5.2. RECORD OF DECISION – 5.2.1. 4311 EAGLEBEND D RIVE – #PUD20002 - PUD AMENDMENT 5.2.2. 950 WEST BEAVER CREEK B OULEVARD - #TEN19001 - CONDITION OF APPROVAL 5.2.3. 998 WEST BEAVER CREEK B OULEVARD – #MNR20051 - MINOR DEVELOPMENT PLAN 5.2.4. 126 RIVERFRONT LANE – #TMP21001 - TEMPORARY USE Action: Commissioner Nusbaum motioned to approve the consent agenda. Commissioner Lang seconded the motion and it carried unanimously 4-0. 6. STAFF UPDATES Staff mentioned PZC appointments, future agendas, and outreach. 7. ADJOURN There being no further business before the Commission adjourned the meeting at 7:13 p.m. HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY JANUARY 19, 2021 VIRTUAL ZOOM MEETING HEALTH AND RECREATION COMMITTEE MEETING MINUTES, 19 JANUARY 2021 PAGE 1 | 5 1. ROLL CALL Present- Committee Members: Chairperson Tom Kiddoo, Vice Chair Pat Nolan and Pam Warren Town Council: Lindsay Hardy Staff: Director of Recreation John Curutchet, Recreation Center Aquatics Coordinator Michael Labagh, Town Manager Eric Heil, General Government Manager Ineke de Jong and General Government Intern Emily Myler Absent- Councilor Scott Prince and Mayor Sarah Smith Hymes Late Arrival- Committee member Kathy Ryan Ineke de Jong asked the record to reflect the meeting was called to order at 11:03 a.m. 2. APPROVAL OF THE AGENDA Committee Member Pam Warren made a motion to approve the agenda for 1/19/21, Committee Member Pat Nolan seconded the motion. Committee Chair Tom Kiddoo declared the agenda approved. 3. PUBLIC COMMENT No public comments were made. 4. STAFF REPORT Introducing the 2018 Probolsky Research Community Survey and the 2021 Community Survey. Director of Recreation John Curutchet screen-shared the presentation included in the January 19 packet materials (available on www.avon.org/packets) and said that the staff report had not changed. Moving to slide #2, he introduced the topics of discussion for the meeting: A. Overview of 2021 Community Survey Process B. Review of Survey Questions from 2018 C. Discussion of Potential Survey Questions for 2021 Director of Recreation John Curutchet said the open-ended question on the 2018 Community Survey regarding attitudes about recreation in Avon yielded little usable data. The Committee commented/inquired: A. It was helpful to just see some of the information from that question, but it is disappointing that 50 percent of participants did not have an answer. This may guide the Committee in crafting survey questions in the future that elicit more and higher quality feedback. B. Director of Recreation Curutchet responded that the question didn’t elicit the response they were hoping for, but that the Committee can provide more direction on more “actionable questions” to ask for the upcoming 2021 Community Survey. HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY JANUARY 19, 2021 VIRTUAL ZOOM MEETING HEALTH AND RECREATION COMMITTEE MEETING MINUTES, 19 JANUARY 2021 PAGE 2 | 5 Town Manager Eric Heil added that the Town learned a lot from the Wildridge Community Survey and that the Town will use that experience to direct the 2021 Community Survey as well. One question to consider is how detailed questions on the town-wide Community Survey should be, as opposed to a survey focusing specifically on recreation. The Committee commented/inquired: A. In the context of the overall Community Survey, the Recreation Center questions are just a small subset, so there are a minimal number of Recreation Center questions that can be asked. Town Manager Heil responded that the Community Survey is hopefully going to run every 2 years from now on and there will be some repeat questions to track changes over time. Recreation is an important issue to ask more questions about this year and there should certainly be more questions than the three which were on the last Community Survey. He proposed around 10-12 questions focusing on recreation on this year’s Survey. The Committee commented/inquired A. Committee Member Pam Warren thanked Eric for providing the number of questions so the Committee can better prioritize which questions they want to ask. B. It seemed like there wasn’t much in the 2018 Survey that could be used, most people just said what they personally wanted. Is the Town were consulting with the public on how much budget should be put towards the programs they request? C. Director of Recreation Curutchet said that this survey is more for collecting data surrounding what the community wants to present to council, and then the Town can start to talk about the budget. D. Town Manager Heil responded that the Survey will focus more on preliminary public attitudes regarding possible recreation changes. Also, it should cover questions beyond than the Recreation Center and having to do with recreation as a whole with at least half of the questions asking about “recreation comprehensively in Avon.” E. It would be helpful to have a “competitive analysis” comparing our recreation to other communities. The Town can see what is missing to be competitive and position Avon as the “recreation center of the Valley.” F. Director of Recreation Curutchet responded that it is part of this exercise to do that kind of analysis of local providers and neighboring communities. This upcoming Survey, if done well, will have more questions on recreation and we can get an idea of where Town staff’s and the Committee’s own thoughts lie as well as what the community believes we should be doing. Town Manager Heil added that he thinks it is important that every idea gets thrown on the table, regardless of how whimsical or unrealistic, then the Town can sort through them. The Recreation Department is doing this comparative analysis. Avon is unique in that the Recreation Center is in the middle of the accommodations district The Committee commented/inquired: HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY JANUARY 19, 2021 VIRTUAL ZOOM MEETING HEALTH AND RECREATION COMMITTEE MEETING MINUTES, 19 JANUARY 2021 PAGE 3 | 5 A. It is important to collaborate with partners like The Westin early on to see what amenities their clients might need and use. 5. STAFF PRESENTATION: COMMUNITY SURVEY Director of Recreation Curutchet moved on to discuss the schedule for the 2021 Community Survey on slide #2 of the presentation. He let the Committee know they will be meeting in February to get input from them on questions. Town Manager Eric Heil mentioned the Town would be using the analysis of other communities as well as the Bang the Table platform to generate interest from the public before the Survey is implemented in May. Director of Recreation Curutchet discussed the results of the Probolsky Survey on slides #3-11. He touched on data surrounding demographics of Survey takers and trends in their answers surrounding the Recreation Center as a whole, the pool, programs and trails and paths. He then went over goals for the Community Survey from slide #12. He highlighted the goal of increasing participants from 355 to over 2,000 as something to consider on the Committee. After that then went over the general questions which the Survey should have on it from slides #13-16. He suggested that the questions start more specific and elicit responses specific to core topics the Recreation Department is considering. Then at the end, the Survey can include broader questions around recreation holistically. The number and order of questions should keep in mind survey fatigue. Director of Recreation Curutchet said questions should point towards what the Recreation Center could mean to the community beyond just a gym such as serving as an emergency center or a special event center. Director of Recreation Curutchet moved to slide #14 and said there should be questions on adding a competitive pool to the Recreation Center, elements to elevate the Recreation Center to create a more luxurious environment, multipurpose rooms and teen and childcare services. The Committee commented/inquired: A. Committee Chair Tom Kiddoo acknowledged the Recreation Department for putting this report together and praised them on how comprehensive it is. He commented that many athletes, including swim teams, are attracted to the area due to high altitude training, but the Town doesn’t have the facilities to host competitive swimmers. Competitive facilities could bring people to town who would use Avon’s amenities and boost the local tourism economy. B. Town Manager Eric Heil asked Committee Chair Kiddoo how hosting swim meets might affect their off-season tourism. C. Committee Chair Kiddoo responded that large swim meets usually bring “up to 1,200” families which stay several nights in hotels nearby since the Recreation Center is close to tourism amenities. He said that since Avon is a resort community it could draw a lot of tourism from hosting swim meets. HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY JANUARY 19, 2021 VIRTUAL ZOOM MEETING HEALTH AND RECREATION COMMITTEE MEETING MINUTES, 19 JANUARY 2021 PAGE 4 | 5 D. Director of Recreation Curutchet commented that it has been a challenge to get any teams to come train or compete in the current pool. E. Committee Chair Kiddoo agreed that there aren’t the amenities to host a team or a competition. F. Council Member Lindsay Hardy agreed that she doesn’t bother swimming in the current pool due to crowds and size. Committee Member Kathy Ryan joined the meeting at 11:36 a.m. G. Town Manager Heil said that Surveying is an art, and the Committee should think about the way these questions should be introduced on the Survey. Some of these topics are more involved than a 2-3 sentence question that can fit on the Survey. He suggested Bang the Table could be the best place to get this detailed feedback and create a vision of what Avon recreation could be. Regarding slide #15, Director of Recreation Curutchet said that the Survey questions should continue to focus on recreation as a whole in town, outside the Recreation Center, including the whitewater park, Nottingham Lake and access to the National Forest. The Committee should focus on getting everything on the table and not limiting themselves to the more traditional focus areas. Regarding slide #16, Director of Recreation Curutchet said health has been something challenging to focus on for the Committee, but areas like air/water quality, mental health, food supplies etc. should be included on the Survey. Director of Recreation Curutchet went over slide #17, which includes links to comparative analysis on peer community recreation facilities and programs. The Committee commented/inquired: A. Council Member Warren thanked Director of Recreation Curutchet FOR THE COMPARATIVE ANALYSIS information. She commented that it would be helpful to see how town demographics will change over time. She POSED the project as posing short term vs. long term changes for recreation. For example, if the overall town population is trending towards increased age, the Town should be including more programs for older adults. She wondered if anyone on the staff has these demographic predictions to share and see how that plays into the plans for expansion. B. Director of Recreation Curutchet responded that he doesn’t have these predictions, Right now the Recreation Department is working on a model of youth vs adult programs when many other Recreation organizations are adding specific senior programs and that is something the Town is aware of and wants to be in front of. C. Council Member Warren said that the Survey is an opportunity to reach seniors. D. Council Member Pat Nolan agreed and mentioned that there weren’t very many senior participants on the 2018 Survey and the Committee needs to increase this by including specific questions on senior programming and reaching out to that population to increase their participation. E. Council Member Warren thinks this is a great opportunity to learn more about what seniors may need from the Recreation Center. HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY JANUARY 19, 2021 VIRTUAL ZOOM MEETING HEALTH AND RECREATION COMMITTEE MEETING MINUTES, 19 JANUARY 2021 PAGE 5 | 5 Town Manager Heil agreed that it would be important that the Town use the Survey to better accommodate the needs of an aging population while maintaining the “family-friendly atmosphere of the Recreation Center.” The Committee commented/inquired: a. Council Member Kathy Ryan remarked on how many older adults are in the area that she isn’t in touch with and that upcoming COVID vaccine activities are a good way to reach that population as they come together to receive their vaccines. b. Town Manager Heil went over slide #18 regarding the possibility of adding investment questions to the Survey. The Town is not at the point of asking the public about the financial aspects of expanding recreation in Avon, but he said that it is important to be mindful of what cost these programs might be as the Survey is implemented. The budget is not set yet as the Town is in a very basic policy phase and from there, the Town can hire professionals and consider what will fit at the location and what it might cost. However, at this point it is premature to ask financial questions of the public. c. Council Member Warren thanked Town Manager Heil and remarked that the Committee should first have the direction to support policies and then it can work to understand the cost. However, the Survey can pose questions which shed light on how expanding recreation might increase usage as well as how much the public is willing to spend on recreation. Then the Town can understand how the expansions might affect its finances and which expansions might have be the best investments. 6. CLOSING REMARKS Director of Recreation Curutchet reminded the Committee that they should look for an invite for a meeting on the Survey on the third Tuesday of February. Town Manager Heil let the Committee know to email him and Director of Recreation Curutchet if they have any ideas before the meeting. Town staff will try to supply the Committee with some draft questions to respond to before the February meeting. Director of Recreation Curutchet asked about guidelines for Committee emails and restrictions on “replying all.” Town Manager Heil said that the Committee is not allowed to have dialogue between more than three members via email, so if the Committee has any ideas, he suggested they email it directly to himself or Director of Recreation Curutchet. 7. ADJOURNMENT Meeting was adjourned at appx 11:56 a.m. Respectfully submitted by: Emily Myler General Government Intern CASE COMMITTEE MEETING MINUTES THURSDAY, JANUARY 21, 2021 VIRTUAL ZOOM MEETING CASE COMMITTEE MEETING MINUTES, 21 JANUARY 2021 PAGE 1 | 4 1. ROLL CALL Present- Committee Members: Pedro Campos, Chris Cofelice, Jason Denhart, Timothy Haley, Lisa Mattis and Kathy Ryan Town Council: Amy Phillips and Lindsay Hardy Town Staff: Cultural, Arts and Special Events Manager Danita Dempsey, Town Manager Eric Heil, General Government Manager Ineke de Jong and General Government Intern Emily Myler Absent- Committee Members: Ruth Stanley General Government Manager Ineke de Jong asked the record to reflect the meeting was called to order at 12:01 p.m. 2. APPROVAL OF MINUTES Committee member Chris Cofelice made a motion to approve the minutes from 11/12/20, Committee member Kathy Ryan seconded the motion and it passed with a vote of six to zero 3. PUBLIC COMMENT Kathleen Walsh attempted to make a public comment but couldn’t unmute herself on the Zoom platform. Committee Chair Lisa Mattis suggested moving the public comment item to later on the agenda. 4. STAFF UPDATE Arts and Special Events Manager Dempsey discussed the CASE Committee Packet Materials (available on www.avon.org/packets). She directed the Committee to the Overview of the Avon Recreation Center Mural Project on pages 3 and 4 of the Packet. The Committee commented/inquired: A. The location of the murals is key to deciding what art the Committee selects as it is highly visible for pedestrians walking between the Main Street Mall and Nottingham Park and can be used to add continuity to the area as well as serve as a landmark. B. Will the mural walls stay up for ever or will they be destroyed when the Recreation Center is expanded? C. How strict are these submission requirements? D. Denver has murals which are very urban in theme which is not appropriate for Avon. E. Language regarding non-urban themes and images of non-urban murals from Denver should be added as a reference to artists. F. Will Arts and Special Events Manager Dempsey will be able to guide artists personally while they create their submissions. G. It should be clear that artists should speak with Arts and Special Events Manager Dempsey before submitting their work. H. Artists can be trusted to filter and interpret the guardrails on the call for entry. Art should challenge expectations and be provocative, within reason. I. The committee might be “jumping the gun” on starting the project without first establishing an overall vision for art in Avon to tie it to. CASE COMMITTEE MEETING MINUTES THURSDAY, JANUARY 21, 2021 VIRTUAL ZOOM MEETING CASE COMMITTEE MEETING MINUTES, 21 JANUARY 2021 PAGE 2 | 4 Arts and Special Events Manager Dempsey said the call for entry sets guardrails for artists understand what the Town is looking for and give them four theme options to choose from. Any artist can contact her through the online platform where the call for entry is posted. Then later during the jury process, jurors can visit with artists while they deliberate and then will likely be able to select from multiple renditions submitted by each artist. She pointed The Committee to the Town of Avon Capital Improvement Plan for information on the Town’s overarching vision. Town Manager Heil responded the East side of the Recreation Center on Mikaela Lane is likely to remain as-is for the foreseeable future. There is little risk of the art being destroyed before becoming outdated or deteriorated. There is a vision for the Main Street Mall art including the bronze sculptures and Lettuce Shed Lane mural. Overall, he concluded that with existing plans for the Park and the Mall, the guardrails in the call for entry set enough of a boundary for artists. The Committee commented/inquired: A. Town Council has already requested the Strategic Plan be more visionary. The CASE Committee can provide some input on vision relating to arts and culture. B. It would be ideal if submissions are outside what we imagine, to support creativity and artistic integrity. If submissions aren’t to the Committee’s standards, they don’t have to select one. C. The mural project is an incremental step in the overall program of art in Avon. It doesn’t have a large budget and can be easily changed so it doesn’t require as much planning and analysis. D. Experts have recommended against being too prescriptive with the call for entry and allowing artists to be creative, the Committee can always choose not to install any of the submitted artwork. E. Recreation should be included in the allowed themes. F. The Committee can use Bang the Table to gauge the public’s reaction to the mural before it is installed. G. The Committee should be more conservative when selecting art that “starts conversation.” H. Deciding on a mural might help the Committee establish their vision and would be better than over-analyzing Town Manager Heil said that Bang the Table may complicate the process, but the Recreation Center is a public building and allowing the public to be involved in the murals could inspire a feeling of ownership over the building. He is comfortable with giving the artists more freedom if the guardrails are clear and Arts and Special Events Manager Dempsey is available to council them during the submission and selection process. Arts and Special Events Manager Dempsey added the Committee can start small with one wall or can cancel the project if anything goes awry. Town Manager Heil called to continue dialogue around vision in a later meeting. Committee Member Campos left the meeting at 12:56 p.m. Committee Member Haley left the meeting at 12:58 p.m. HOWARD ALLEN EVENTS Arts and Special Events Manager Dempsey returned to page 2 of the Packet and introduced the organization Howard Allen Events, which has produced the Beaver Creek Arts Festival for 29 years and is looking to grow the event by moving to Avon’s Nottingham Park. The Committee commented/inquired: CASE COMMITTEE MEETING MINUTES THURSDAY, JANUARY 21, 2021 VIRTUAL ZOOM MEETING CASE COMMITTEE MEETING MINUTES, 21 JANUARY 2021 PAGE 3 | 4 A. Will Howard Allen would be keeping the name “Beaver Creek Art Festival”? B. Is it bad to move the festival but keep the name? C. Is Beaver Creek aware of the move to Nottingham Park and will they allow Avon to use the name? D. The decision to use the name should be based on what is “right,” not the “ego” of the town. Arts and Special Events Manager Dempsey responded that the name would be initially changed to “Avon Festival of the Arts (formerly Beaver Creek Art Festival)” to benefit from the brand equity of the well-established title, updated with the Avon name to avoid confusion. It is her understanding that Howard Allen Events has been working with Beaver Creek. Town Manager Heil said that keeping the “Formerly Beaver Creek Arts Festival” part of the title makes sense for the first few years until the event becomes established in Avon. Then the name can change to “Avon Festival of the Arts” to adhere to the Town’s branding. The Committee commented/inquired: A. Limited space in Beaver Creek has prevented the event from growing for about 10 years. Moving the event to Nottingham Park is a “win for everyone” but it is important not to cause friction between Avon and Beaver Creek Arts and Special Events Manager Dempsey responded that she would make sure to work with Beaver Creek to avoid conflict. Town Manager Heil said that the Avon and Beaver Creek have grown closer and are working to collaborate more. He suggested that the Festival could be split between the two communities to benefit both. ART IN AVON GOOGLE EARTH MAP Arts and Special Events Manager Dempsey brought up a Google Earth map which shows sites where art is located or planned in Avon to increase awareness of the Town’s art programs. She added that she is working with the Public Works Department to landscape and maintain the locations where art will be placed as well. Art locations on the map includes: a. Avon Recreation Center Mural project phases 1-3 (details on Packet page 3) b. Art Around Avon program sites (details on Packet page 4) c. Storm Drain Educational Art installations (details Packet page 5) d. Painted benches (details on Packet page 5) e. Musical instruments f. Historical markers g. River access spots h. Painted electrical boxes to be added The Committee commented/inquired: A. Most visitors enter Nottingham Park from the Main Street Mall and the mural walls of the Recreation Center is clearly visible from that path, so it is important to have an image on the map of the mural from the perspective of a pedestrian on the Main Street Mall. CASE COMMITTEE MEETING MINUTES THURSDAY, JANUARY 21, 2021 VIRTUAL ZOOM MEETING CASE COMMITTEE MEETING MINUTES, 21 JANUARY 2021 PAGE 4 | 4 B. Council Member Phillips asked Arts and Special Events Manager Dempsey to go into more detail on the Art Around Avon program budget and model. Arts and Special Events Manager Dempsey detailed the Art Around Avon program on page 4 of the Packet. 5. PUBLIC COMMENT Committee Chair Mattis asked to come back to Public Comments and asked if Kathleen Walsh could unmute and provide her public comment. Ms. Walsh was still unable to unmute herself and left the meeting. 6. CLOSING STATEMENTS Committee Chair Mattis inquired about COVID-19’s impact on the summer event timeline and budget. Town Manager Heil responded that the Town is staying flexible for the time being. He said that the Town should try hard to host the events that were cancelled last summer and if the health orders block their attempts the Town will apply for variances. However, large, ticketed events will likely still not be allowed this summer and others are up in the air. Arts and Special Events Manager Dempsey said Colorado Events Alliance is predicting quarter 3 of 2021 will be when larger events can resume. Council Member Phillips asked about the schedule for the Recreation Center Mural project selection process. Arts and Special Events Manager Dempsey responded that the tentative deadline for submissions is Feb. 22 and the selected artist(s) will be notified on March 22 with the jury process between those dates. Any Committee members who want to sit on the jury should let her know. Town Manager Heil asked if the entire CASE Committee should sit on the mural selection jury. Committee Chair Mattis suggested the Committee form a Subcommittee to sit on the jury and then supplement it with experts in visual art. Town Manager Heil responded that Bang the Table can be used to engage both the public and experts in the decision. Arts and Special Events Manager Dempsey presented the Town staff and others she would like to include on the jury. 7. FUTURE MEETING SCHEDULE Arts and Special Events Manager Dempsey asked if the committee wanted to meet again in February The Committee commented/inquired: A. Committee Chair Mattis suggested Arts and Special Events Manager Dempsey send the Committee a written update in February and the Committee will plan to meet in March. B. Town Manager Heil suggested the Committee continue dialogue on Avon’s overall vision in the March meeting and suggested staff put together ideas to present beforehand for feedback. 8. ADJOURNMENT The meeting adjourned at 1:41 p.m. Respectfully submitted by: Emily Myler General Government Intern FINANCE COMMITTEE MEETING THURSDAY JANUARY 28, 2021 VIRTUAL ZOOM MEETING Finance Committee Meeting, January 28, 2021 1 | 3 1. ROLL CALL PRESENT- Committee Members: Linn Brooks, Steve Coyer, Markian Feduschak, Dee Wisor, Craig Ferraro. Council Members: Scott Prince, Sarah Smith Hymes Town Staff: Finance Manager Amy Greer, Finance Director Scott Wright, Town Manager Eric Heil and General Government Intern Emily Myler LATE ARRIVAL- Town Staff: Town Attorney Paul Wisor Emily Myler requested the record reflect the meeting came to order at 5:32 p.m. 2. APPROVAL OF AUGUST 2020 MINUTES Committee Member Steve Coyer moved to approve the minutes from the August 13, 2020 meeting and Committee Member Dee Wisor seconded the motion. The motion passed unanimously. 3. PUBLIC COMMENT There was no public comment. 4. STAFF PRESENTATION: REAL ESTATE TRANSFER TAX (RETT) Town Manager Eric Heil requested to present before the staff update as he needed to leave the meeting early. He introduced the presentation on RETT (found at avon.org/packets). The Committee commented/inquired: A. What is the purpose of this presentation if the Committee is already familiar with RETT? Town Manager Heil responded that questions about RETT come up frequently from the public and the Town would like the Committee’s input on what else they should study and how to present the information. The Committee commented/inquired: A. Eagle Valley Trails just put out a bifold flyer on how taxes support the trail system. The Town could use a format like that. B. Is the audience critics of the RETT or residents who don’t know what the RETT is? C. Why try to win over the critics who likely won’t change their mind? Town Manager Heil said a similar flyer can be part of the project, but there also needs to be a more in- depth source of information for those who want to learn more. Both members of the public and members of Town Council will be interested in more detail about the RETT. The Committee commented/inquired: A. What is causing the Town to take on this project now? Council Member Scott Prince said there is a general lack of understanding about the RETT and it is a consistent topic of debate among the public and elected officials. At some point, the Council may ask the public to vote on the RETT and there needs to be more understanding of it before then. FINANCE COMMITTEE MEETING THURSDAY JANUARY 28, 2021 VIRTUAL ZOOM MEETING Finance Committee Meeting, January 28, 2021 2 | 3 Mayor Sarah Smith Hymes said misinformation is amplified by the RETT’s critics. It is important to have easily digestible and true information available to the public. The recent recall attempt was largely based on Council’s failure to repeal RETT and many residents did sign the petition, so it is an issue that needs to be addressed. The Committee commented/inquired: A. The trails flyer did a good job of going through information about the tax that would also be helpful on RETT. B. It is simple to show how RETT is collected and used in Avon, but it is harder to compare Avon’s RETT to peer communities like Vail because that requires knowledge of each Town’s entire finance system. C. It is important to show the things around town that the RETT pays for that everyone appreciates. Town Manager Heil responded that he agrees to publishing an easy-to-read flyer with information about the RETT focusing on what it pays for and backed up with in-depth material online. He wanted to know what other information should be included and what else the Town should study before posting that material. The Committee commented/inquired: A. Price per square foot data isn’t very helpful because there are other factors that influence that number besides the RETT B. Assuming there isn’t any question of whether the Town should be spending the RETT money, the Town should portray who actually pays the RETT, what the money is spent on and where else the money for those projects could come from if the RETT were abolished, like an increase in property taxes. C. Most residents only pay the RETT a few times in their life when they buy or sell their home, but they pay property taxes every year. Keeping RETT should be more favorable to them than increasing property tax. Most average and below average-value home buyers receive RETT exemptions already, so the tax mostly affects high-value second homes and developers. Town Attorney Paul Wisor joined the meeting at 6:02 p.m. D. Some communities have higher property taxes for non-residents. Is that possible in Avon? Town Attorney Wisor responded that no, Colorado doesn’t allow this E. Committee Member Dee Wisor said it is possible to give tax refunds to residents, but it is an unwieldy process F. RETT allows the Town to keep up with capital improvements even in difficult years, which ensures many people reliable employment and makes Avon a more appealing place to live and visit which benefits the economy. This connection should be emphasized. G. What are the current RETT exemptions, and would the Town consider expanding them? More exemptions could increase approval of RETT. Town Manager Heil detailed the current RETT exemptions. He said Council has discussed options for the exemptions and is planning to revisit the issue. However, after a good year, there is typically a FINANCE COMMITTEE MEETING THURSDAY JANUARY 28, 2021 VIRTUAL ZOOM MEETING Finance Committee Meeting, January 28, 2021 3 | 3 downturn, so the surplus allows consistency in capital improvement maintenance over time. The Committee commented/inquired: A. Affordable housing could be included under the term “capital improvements” so the RETT goes back to the home buyers. B. The Town needs to increase engagement with the information between elections by presenting it in a way that balances accessibility and comprehensiveness. C. Include the cost of homeownership over time compared to other communities to show how the RETT and property tax rates even out. D. It is important that the public understand all the Town’s taxes and how they would each have to change if RETT was abolished. E. The Town should consider putting signage up on capital improvement construction letting the public know that the project was funded by the RETT. Mayor Smith Hymes said 10 percent of RETT does go towards the housing fund as of this year. Finance Director Scott Wright said when compared to other communities, Avon’s cost of homeownership is pretty much the same and described how the Town collects sales tax from Traer Creek. Mayor Smith Hymes left the meeting at 6:22 p.m. Town Manager Heil left the meeting at 6:26 p.m. 5. STAFF UPDATES ON FINANCIAL RESULTS THROUGH DECEMBER Finance Director Wright discussed the financial report for 2020, noting that numbers from December 2020 are not finalized yet. Topics discussed include the impact of online travel company sales tax collection; the CARES act; sales, cigarette and tobacco tax, RETT and accommodations tax returns; and Recreation Center fees on the 2020 actual budget. More information can be found at avon.org/packets. Town Attorney Wisor left the meeting at 6:31 p.m. Committee Member Coyer left the meeting at 6:37 p.m. The Committee commented/inquired: A. Committee Member Craig Ferraro asked for clarification on the online travel company and shopping company sales tax requirements. Finance Director Wright said that online travel companies are now required to collect and remit sales tax to the Town and, beginning Feb 1, they will also be required to collect the lodging tax. Amazon and other online shopping companies also remit a regular sales tax returns to the Town. 6. ADJOURNMENT The meeting adjourned at 6:57 p.m. Respectfully Submitted by Emily Myler General Government Intern (970) 748-4049 gdaly@avon.org TO: Eric Heil, Town Manager CC: Mayor Smith Hymes and Council Members FROM: Greg Daly, Chief of Police RE: Police Take Home Vehicles DATE: January 19, 2021 SUMMARY: This report is submitted at the request of the Town Manager to provide comprehensive information on the current policy of providing individually assigned take home vehicles for a portion of the Avon Police Department personnel. The Avon Police Department assigns individual vehicles to the Chief, Deputy Chief, Sergeants and Detective who have extensive on call responsibilities. These individuals are not financially compensated for their extensive on call responsibilities. This document provides an analysis of the facts regarding the rationale for the current assignments, costs of those vehicles, comparisons with surrounding Eagle County and other Peer Law enforcement agencies and examples of when these individually assigned vehicles have been used outside of normal work schedules. TOWN MANAGER’S COMMENTS: Based upon a review of the incremental costs of take-home vehicles, benefits in response time, benefits in recruitment and retention, and review of the policies in peer communities, I believe the current policy and practice of individually assigned take home vehicles is appropriate. I do not recommend any change at this time. BACKGROUND: For at least the last fifteen (15) years, Avon Police Department personnel who are subject to on call responsibilities have operated individually assigned vehicles (IAV) These vehicles are referred to as “take home” and are town owned and maintained emergency response vehicles. The staff members with extensive on call responsibilities include the Chief, Deputy Chief, Sergeants and Detectives. Prior to the last fifteen (15) years, Avon Police officers had a one to one vehicle plan, where all officers and supervisors had an individually assigned take home vehicle. There are currently nine (9) individually assigned take home vehicles. The nine (9) vehicles are assigned to the Chief, Deputy Chief, five (5) Sergeants, Detective Sergeant and one (1) Detective. Current Avon Police Department vehicle fleet: o Six (6) black and whites - with two (2) officers assigned to each vehicle (from opposite sides of the work week) Note: At least one vehicle, sometimes two, are regularly down at fleet for preventive maintenance, warranty work or in need of repairs. o Nine (9) assigned take home vehicles Five (5) are unmarked (Chief, Deputy Chief, Detective Sergeant, Detective and part time Sergeant) and four (4) are black and whites for the four (4) patrol sergeants. o One (1) community response vehicle (Ford hybrid interceptor) - for Community Response Officer duties but also as a backup vehicle when a patrol vehicle is down for repairs or maintenance REPORT: Police Take Home Vehicles January 19, 2021 Page 2 of 22 o One (1) older 2009 Ford hybrid pool vehicle (hold over, fully paid off) for police cadets to commute to the police academy. The cost benefit analysis definitively points to using this older (paid off) fuel efficient hybrid versus paying significant fuel mileage cost for personal vehicle use (56c per mile). BENEFITS OF INDIVIDUALLY ASSIGNED TAKE-HOME VEHICLES: The main rationale for an individually assigned take home emergency response vehicle is described as follows: o Supervisors and detectives can respond from their residence in their Town-maintained emergency response vehicles, at times, using lights and sirens to get safely to an emergency incident in Avon. o Supervisors and detectives respond with all their assigned emergency equipment to include their rifles and other equipment. This provides an appropriate response time both to fellow officers who need an expeditated response and to the citizens, residents and guests of Avon who have come to expect a high level of professional response by their police department. o Equipment carried by supervisors and detectives (not including SWAT equipment); electronics e- ticket printer, mobile data terminal, charging cables, finger print scanner, portable breath testing device, window tint meter, material hazard materials book, victim resource books, domestic violence investigation forms, accident info exchange forms, Colorado revised statute blue book, multiple forms, parking ticket envelopes, statements, business cards, posse box, patrol bag apparel high visibility vest, high visibility jacket, warm jacket, warm gloves, hats, yak tracks, snow shoes (some supervisors) gear eye protection, ear protection, protective arrest control gloves, personal protective equipment (PPE), flashlights, spit hoods, anti-bite hoods, RIPP leg restraint, belly handcuff restraint belts, aggressive prisoner restraint, flex cuffs, hand sanitizer, masks, PPE gowns, PPE nitrile gloves, plate carriers, dog catcher tools investigatory tools cones, flares, roll- a-tape, marking chalk, crime scene tape, latent print kit, NIK drug testing kits rescue gear swift water/lake ice rescue gear, breaching tools, 40 mm launcher sight sound diversionary device (flash bangs) in magazine, shield, first aid kit, Narcan, AED, blankets, fire extinguisher, less lethal shotgun, active shooter bag, trauma kit, unlock tools, spike strips, glass breaker, wildland fire evacuation marking tape roll firearms breaching shotgun (if certified), breaching rounds, rifle, extra ammo. SWAT for those supervisors with SWAT responsibilities; SWAT heavy vest, SWAT uniforms, helmet, rifle shield, snowshoes and poles (Exhibit C) o Supervisors/detectives who are not on call can be summoned to a town wide emergency with all of their response equipment like a wildland fire or gas line fire. For example, in an emergency, multiple supervisors can respond to Town with all of their emergency equipment and efficiently respond directly to a scene e.g. structure fires at Chambertin, Beaver Bench fires x 2. Another example was the officer involved shooting at Walgreens, where Deputy Cosper was on his way home from work in his assigned vehicle and was able to turn around and arrive on scene as the shots were fired. Chief Daly and Sgt. Churches were able to respond from their residences directly to the incident scene with all needed response equipment. o There is a lot of evidence/literature/research that individual assigned take home cars are better maintained and last longer than those vehicles that are pooled or shared. https://pimasheriff.org/application/files/5415/6346/6464/Assigned_Vehicles_Program.pdf https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=175458 (Cost-Effectiveness and Officer Morale of a Personally Assigned Vehicle Patrol Program: A Comparative Analysis) REPORT: Police Take Home Vehicles January 19, 2021 Page 3 of 22 o All other agencies in Eagle County operate one to one car plans for supervisors and detectives and the majority of agencies in Eagle County operate a one to one car plan for all of their officers/deputies or troopers. o Individually assigned take home vehicles are a recruitment and retention benefit so that Avon is comparable and competitive with other public safety agencies. There is significant job retention related to individually assigned patrol vehicles. Basalt Police Department has a current job advertisement with the statement “Take home vehicles are issued to all Officers. Limited up to Silt” (copy of job advertisement attached as Exhibit B) o Only four of the assigned take home cars are black and whites, driven by the four patrol sergeants. Effectively there is a more visible Avon PD vehicle traveling and returning from the west of county approximately once every twelve (12) hours. o The current estimated commuting miles per year for the nine assigned vehicles is 89,018. The estimated fuel cost is $7,363 (approximately .175% of PD budget) (2021 PD budget is $4,194,557) The estimated maintenance for the same commuting miles is 89,018 miles x .25c= $22,254.50 (.53% of budget). Combining both fuel and maintenance is $29,617.50 per year, .7% of PD budget and on average $3,290.80 per vehicle per year. o On call expectations include that the supervisor or detective will not consume alcohol while they are on call, that they will be within a reasonable period of time to respond back to their residence if they have to respond to an emergency in town and they are required to have their work cell phone with them. If they are going to be out of cell phone coverage, they ensure that there is another supervisor available etc. We have policies covering take home vehicles and on call expectations; GO 920 APD Vehicle Operations and GO 1210 Off Duty Requirements & Manpower Availability o If supervisors/detectives were to drive their non-town maintained personal vehicle to Town, under emergency circumstances, if anything were to happen to them as they respond, for example, they were involved in a motor vehicle accident, they would be under town work comp (as they are paid from when they receive a page or phone call) and also their personal vehicle may have to be covered by the town if required to respond in a personal vehicle. Per the Colorado Intergovernmental Risk Sharing Agency (CIRSA), insurer for the Town of Avon, if the employee were driving in the performance of their duties and within the scope of their employment and had an accident that was their fault, CIRSA would pay the liability loss, including any 3rd party bodily injury or property damage to anyone else who is injured. Any physical damage to the car itself may have to be paid by the employee’s insurance but that would need to be a decision by the Town regarding damage to a personal vehicle while in the performance of their duties. Any loss amount paid on liability could impact the town’s loss experience and future contributions. If someone else is at fault and the employee was driving within the course and scope of their duties, CIRSA would pay the claim and subrogate against the at-fault party. This could happen in a vehicle that is not maintained by the town fleet department and driving on tires that are not mounted or maintained by fleet mechanics. o Under Internal Revenue Service (IRS) rules, use of a qualified nonpersonal use vehicle, including commuting, is excludable to the employee as a working condition fringe benefit if the specific requirements for the type of vehicle are met. A qualified nonpersonal use vehicle is any vehicle that the employee is not likely to use more than minimally for personal purposes because of its design. REPORT: Police Take Home Vehicles January 19, 2021 Page 4 of 22 Qualified nonpersonal use vehicles generally include: Clearly marked police, fire or public safety officer vehicles or unmarked vehicles used by law enforcement officers if the use is officially authorized; https://www.irs.gov/pub/irs-pdf/p5137.pdf o Personal vehicles do not have gun locks or secure gun vaults storage for weapons. If a department issued weapon were stolen from a personal vehicle, there would a significant public safety concern and potential legal liability. o Many police supervisors carry light/sound diversionary devices (flashbangs) in their assigned vehicles as less lethal tools to resolve critical incidents. The Federal Bureau of Alcohol, Tobacco and Firearms regulates explosive devices and dictates that these devices must be transported in an official designated emergency response vehicle with a type 3 explosive magazine preferably within a weapons vault. We keep these explosive magazines in the weapons storage vault in our assigned emergency response take home vehicles. o Avon PD supervisors and detectives regularly assist Eagle County Sheriff’s Office or the Colorado State patrol with traffic accidents on the Interstate between Avon and Gypsum. This reflects the excellent cooperation and partnership with our neighbors in Eagle County. We have excellent working relationship with the Eagle County Sheriff’s Office and Colorado State Patrol where deputies/ troopers will respond to assist Avon Police Officers on critical incidents. In turn, Avon Police Officers will respond out to the county to assist on critical calls. We have an intergovernmental agreement with the Eagle County Sheriff that allows Avon Police Officers to take enforcement action within one quarter mile of Town limits, on DUI/Drug Task forces, on the Eagle County Special Operations Unit (SWAT) and if an Avon Officer observes a public safety traffic concern while they are in unincorporated Eagle County. o There are four (4) supervisors who are also assigned to the Eagle County Special Operations Unit. With IAVs, they have all their assigned SWAT equipment and can react from home to Avon and to anywhere in the county to assist on a SWAT call. o As compared with other agencies, we only assign take home vehicles to those positions with on call responsibilities except for the two (2) patrol SWAT officers (who are on call for SWAT call outs) who must move their gear back and forth between their personal vehicles and their assigned patrol vehicles every shift. Note: as one SWAT officer was moving his SWAT gear from his personal vehicle and preparing his patrol vehicle for shift, he broke his ankle on black ice in the PD parking lot. o The four-patrol sergeants operate on four different time frames. One sergeant is on days and one sergeant on nights, Sunday through Tuesday with alternate Saturdays. The other two sergeants work a day shift and a night shift on Wednesday through Friday and work alternate Saturdays. The Detective Sergeant works Monday through Thursday and the Detective works Tuesday through Friday. The part time sergeant works a variable shift depending on department requirements. The Chief and Deputy Chief work predominantly Monday through Friday with extensive hours, sometimes late into the night (community outreach events, meetings and town council meetings) or early in the morning. Overall, there is a lot of fluidity in shift schedules and far from a 9-5 existence in other departments. There is no ability to carpool due to varying schedules and each supervisor and detective carries extensive emergency response equipment in their individually assigned emergency response vehicles. As mentioned earlier, all other Eagle County law enforcement REPORT: Police Take Home Vehicles January 19, 2021 Page 5 of 22 agencies have individually emergency response vehicles assigned to their supervisors and detectives. o All Avon PD officers live in Eagle or Gypsum (with one in Dillon) due to the traditional cost of housing in Avon versus the west end of the county. There is no employee housing in Avon available to Avon Police Officers. Nearly all Aspen PD and Snowmass PD officers live within their jurisdictions in employee housing. o Ancillary benefits for our sister communities are police cars parked outside of homes, elevating the safety and security to that neighborhood. o There is also the safety benefit of traffic on I-70 as Avon Police vehicles drive west and east, contributing to slowing traffic to the speed limit and enhancing traffic safety and reducing traffic accidents. ANATOMY OF A RESPONSE BY SUPERVISORS/ DETECTIVES SUMMER TAKE HOME CAR 1. Receive notification by phone at home and get sizeup of situation. Give initial guidance/direction/instruction to officers. 2. Turn on mobile handheld radio and monitor the situation while getting dressed. 3. Carry less lethal shot gun and rifle out to patrol car and depart for Avon. 4. Monitor in car radio and give guidance/direction/instruction to officers a. If an event is in progress respond code 3 (lights and siren) (30.4 miles from DC Cosper’s residence in Gypsum: 23.36 minutes response time if 10 mph over posted speed limit. Can be shorter time if traveling faster. Lights and sirens assist with getting through traffic issues while en route to an incident. b. If event is not in progress respond routine speed (no lights and siren obeying posted speed limit signs) (30.4 miles from DC Cosper’s residence in Gypsum: 31 minutes response time) c. If there is construction, traffic control or accidents we can coordinate with CDOT, CSP, ECSO for clearance to proceed and use emergency lanes etc. 5. Respond to scene and take command of incident PERSONAL VEHICLE 1. Receive notification by phone at home and get sizeup of situation. Give initial guidance/instruction to officers. 2. Turn on mobile handheld radio and monitor the situation while getting dressed. 3. Depart for Avon in personal vehicle. REPORT: Police Take Home Vehicles January 19, 2021 Page 6 of 22 a. If event in progress respond routine speed (no lights and siren obeying posted speed limit signs) (30.4 miles from DC Cosper’s residence in Gypsum: 31 minutes response time) b. If event not in progress respond routine speed (no lights and siren obeying posted speed limit signs) (30.4 miles from DC Cosper’s residence in Gypsum: 31 minutes response time) c. If there is construction, traffic control or accidents you must obey and wait for clearance to proceed. d. Try to listen to handheld radio but is not as effective as the in-car radio. 4. Arrive at PD and obtain a patrol vehicle, war bag with documentation, e-citation, body camera, shield, less lethal shot gun, 40mm precision munition launcher and patrol rifle. 5. Carry equipment out to patrol vehicle (2 trips), start vehicle, stow equipment. 6. Conduct vehicle operational inspection for emergency lights and sirens. 7. Respond to scene and take command of incident. (If this is an assist down valley in Edwards, Eagle or even Gypsum where the officer began, additional response 60-mile round trip) WINTER TAKE HOME CAR 1. Receive notification by phone at home and get sizeup of situation. Give initial guidance/direction/instruction to officers. 2. Remote start patrol vehicle from inside house to thaw car while getting dressed. 3. Turn on mobile handheld set radio and monitor the situation while getting dressed. 4. Carry less lethal shot gun and rifle out to patrol car and depart for Avon. 5. Monitor radio and give guidance/direction/instruction to officers a. If event in progress respond code (lights and siren) (30.4 miles from DC Cosper’s residence in Gypsum: Response times are uncertain as road conditions may be hazardous) b. If event not in progress respond routine speed (no lights and siren obeying posted speed limit signs) (30.4 miles from DC Cosper’s residence in Gypsum: Response times are uncertain as road conditions may be hazardous) c. If there is construction, traffic control or accidents we can coordinate with CDOT, CSP, ECSO for clearance to proceed and use emergency lanes etc. 6. Respond to scene and take command of incident PERSONAL VEHICLE 1. Receive notification by phone at home and get sizeup of situation. Give initial guidance/instruction to officers. 2. Turn on mobile handheld radio and monitor the situation. REPORT: Police Take Home Vehicles January 19, 2021 Page 7 of 22 3. Go out and clean off car and thaw it out. 4. Go back inside and get dressed. 5. Depart for Avon in personal vehicle. a. If event in progress respond routine speed (no lights and siren obeying posted speed limit signs) (30.4 miles from DC Cosper residence in Gypsum: Response times are uncertain as road conditions may be hazardous) b. If event not in progress respond routine speed (no lights and siren obeying posted speed limit signs) (30.4 miles from DC Cosper residence in Gypsum: Response times are uncertain as road conditions may be hazardous) c. If there is construction, traffic control or accidents we must obey and wait for clearance to proceed. d. Try to listen to handheld radio but is not as effective as the in-car radio. 6. Arrive at PD and obtain a patrol vehicle, war bag with documentation, e-citation, body camera, shield, less lethal shot gun, 40mm precision munition launcher and patrol rifle. 7. Carry equipment out to patrol vehicle (2 trips), start vehicle, stow equipment. 8. Clean and thaw patrol vehicle. 9. Conduct vehicle operational inspection for emergency lights and sirens. 10. Respond to scene and take command of incident. (If this is an assist down valley in Edwards, Eagle or even Gypsum where the officer began, additional response 60-mile round trip) COMPARISON TO PEER COMMUNITIES: Supervisors and detectives from the Eagle County Sheriff’s Office, Vail PD, Eagle PD, Basalt PD and the Colorado State Patrol have individually assigned take home vehicles. In addition, every police officer, deputy, and nearly every trooper at the Eagle County Sheriff’s Office, Eagle PD, Basalt PD and the Colorado State Patrol have individually assigned take home cars. Vail PD has fourteen (14) individually assigned take home cars for chief, commanders, detectives, and some sergeants and officers. They have an additional eight (8) patrol vehicles, two (2) reserve patrol vehicles and three (3) code enforcement vehicles at the police department. They currently have a total of twenty-four (24) patrol vehicles. They have a plan to expand their individually assigned take home cars to all thirty-two (32) officers. Currently Vail PD provides one to one take home cars to 43.75% of their officers. Avon PD provides one to one take home cars to supervisors and detectives, equating to 42.86% of all officers (to include part time sergeant). The Eagle County Sheriff’s Office have fifty-four (54) individually assigned vehicles. Deputies travel to their individual residences in these assigned vehicles. Deputies can travel as far as Rifle (40 miles past the county border). REPORT: Police Take Home Vehicles January 19, 2021 Page 8 of 22 INDIVIDUALLY ASSIGNED VEHICLES BY VARIOUS AGENCIES Jurisdiction Number of Vehicles Supervisors & Detectives Have IAVs? Patrol Officers have IAVs? Notes Eagle County Sheriff’s Office 54 Yes Yes Deputies can take their vehicle to their out of county residence as far as Rifle (40 miles from county line) and to Leadville. Summit County Sheriff’s Office 54 Yes Yes Command staff are authorized to use as personal vehicle anywhere in the state. Vail Police Dept. 24 Yes, All detectives and majority of supervisors Yes, some officers have take-home cars on a pilot basis, with a desire that all officers have take- home vehicles 14 take home cars and 10 vehicles based at station (2 of 10 are spare vehicles) Vail is looking at a take home vehicle policy for all officers. There are an additional 3 code enforcement vehicles. Colorado State Patrol 16 (in Eagle County) Yes Yes (majority of Troopers have take- home vehicles) All troopers have take-home vehicles. There are car partners when CSP are fully staffed. Car partners are on opposite schedules, so one is on duty while the other is on days off. Avon Police Dept. 15 Yes No Eagle Police Dept. 12 Yes Yes Take home east to Vail and west to Glenwood Springs. Basalt Police Dept. 12 Yes Yes Officers can take home as far as Silt. Telluride Marshall’s Office 13 Yes Yes 11 for patrol and 2 for code enforcement. All deputes must live in county no further than 45 minutes out. $4 an hour for on call. Snowmass Village Police Dept. 11 Yes Yes Includes one traffic/ parking control vehicle that can function as a patrol vehicle and one community response/animal services Ford F150. Steamboat Police Dept. 15 No except one for on call detective and one for Chief No 9 for officers, 1 for animal control, 2 for community service officers, 1 for Detectives, 1 for commanders and 1 for Chief. Breckenridge Police Dept. 13 No except for Chief No Detective is not required to be on call. All officers are required to live within 40 miles of Breckenridge. They also have employee housing near the PD that officers can live up to 2 years in nice apartments at REPORT: Police Take Home Vehicles January 19, 2021 Page 9 of 22 about $1,000/mo. (about 30% of the officers). Frisco Police Dept. 10 No except for Chief (business and personal use) No Silverthorne Police Dept. 10 No except for Chief (business and personal use) No FINANCIAL COSTS/ CONSIDERATIONS;  The current estimated commuting miles per year for the nine assigned vehicles is 89,018. Chevy Tahoe, average highway fuel consumption of 22 miles per gallon (fueleconomy.gov) equates to 4,046 gallons per year. Multiplied by current fuel cost of $1.82 per gallon = $7,363 (approximately .175% of PD budget) (Proposed 2021 PD budget is $4,194,557) (Exhibit A)  The estimated maintenance for the same commuting miles is 89,018 miles x .25c= $22,254.50 (.5%)  In respect, to carbon emissions, there is no potential carbon savings as the supervisors/detectives would be driving their own personal vehicles to Avon. Personal vehicles range from 2004-2006 minivans, to 2013 Ford F-150 to a 2019 Dodge Ram truck. Carbon emissions are based on the per gallon fuel consumption. The overall average mile per gallon fuel consumption from these vehicles is similar to that of the patrol vehicles.  The cost differential between the IAV’s commuting to the west end of the county versus being permanently stationed at the police department is; 89,018 miles minus 15% for necessary west end meetings and for transports to Eagle County Detentions etc. = 75,665 miles Fuel: 75,665 / 22mpg x $1.82 per gallon = $6,259.56/ Maintenance: 75,665 x .25c per mile = $18,916.25/ Estimated Total cost differential = $25,175 (.6% of PD budget) REPORT: Police Take Home Vehicles January 19, 2021 Page 10 of 22 Individually Assigned Vehicle Patrol Ready (5 total) Individually Assigned Vehicle Command/Investigations (4 total) Initial Purchase and Equipping Initial Purchase and Equipping Equipment Cost Notes Equipment Cost Notes 1 Purchase of Ford interceptor vehicle $39,640 Covered through annual transfers from PD budget to the CERF fund Purchase of Ford interceptor vehicle $39,640 Covered through annual transfers from PD budget to the CERF fund 2 Cost of installing emergency lighting, siren, truck vault, $12,482.30 Cost of installing emergency lighting, siren and truck vault. $12,482.30 3 Prisoner compartment and graphics $3,819.10 Not installed and Not applicable 4 Cost of installing and annual cost of in car camera system $2,496 Line item in annual PD budget 5 Mobile Data Terminal (MDT) $3,400 Covered through annual transfers from PD budget to the CERF fund. Not all vehicles have a new CERF MDT. 6 Radar $1,975 Separate line item in PD budget. We haven’t replaced any in 2020 or 2021* 7 Cost of purchase of eCitation printer (over 5 years), annual software cost and annual maintenance cost $1,029 for printer Covered through annual transfers from PD budget to the CERF fund Notes: *We have $7,500 per year in PD budget for radar replacement on a five (5) year basis. Total Cost to Purchase and Equip Each Patrol Ready Vehicle $64,841.40 Total Cost to Purchase and Equip Each Command/Investigations Vehicle $52,122.23 Total Cost of 5 Vehicles $324,207 spread over 6 years Total Cost of 4 Vehicles $208,488.92 spread over 6 years Total Cost to Purchase and Equip 9 Vehicles $532,695.92 spread over 6 years (avg. $9,864.73 per car per year) REPORT: Police Take Home Vehicles January 19, 2021 Page 11 of 22 Individually Assigned Vehicle Patrol Ready (5 total) Individually Assigned Vehicle Command/Investigations (4 total) Annual Cost to Operate Patrol Ready IAV Annual Cost to Operate Command/Investigations IAV Equipment Cost Equipment Cost 1 CERF (over 6 years) $10,806.90 CERF (over 6 years) $8,687.04 2 Maintenance estimated .25 per mile per vehicle $3,750 Maintenance estimated .25 per mile per vehicle $3,750 4 Fuel currently estimated at $1.82 a gallon. On average 22 miles per gallon (fueleconomy.gov). Average miles 15,000 @ 22 mpg $1,240.91 Fuel currently estimated at $1.82 a gallon. On average 22 miles per gallon (fueleconomy.gov). Average miles 15,000 @ 22 mpg $1,240.91 7 Insurance- based on CIRSA premiums, $240.73 Insurance- based on CIRSA premiums, $240.73 8 MDT cell phone plan $516 ($43 per month- incorporated in the annual dispatch contract. The MDT software is maintained under the Dispatch Software) MDT cell phone plan No MDT-Not Applicable 9 Cost of purchase of eCitation printer (over 5 years), annual software cost and annual maintenance cost $850 per year Cost of purchase of eCitation printer (over 5 years), annual software cost and annual maintenance cost No eCitation printer- Not Applicable Total Cost to Operate Each Patrol Vehicle Annually $17,404.54 Total Cost to Operate Each Command/Investigations Vehicle Annually $13,918.68 $17,404.54 x 5= $87,022.70 $13,918.68 x 4= $55,674.72 Total annual operating costs: $142,697.42 / 9= $15,855.27 plus, fuel and maintenance of $3279.72 per vehicle =$19,134.00 (includes CERF annual transfer to replace the vehicle) REPORT: Police Take Home Vehicles January 19, 2021 Page 12 of 22 ON-CALL RESPONSES IN INDIVIDUALLY ASSIGNED VEHICLES (FROM RESIDENCES OR WERE ON THEIR WAY HOME OR ON THEIR WAY INTO AVON): 2019 In Avon  Gas explosion in Eagle Bend - 18 Dec 2019  Walgreens officer involved shooting - 5 Dec 2019  Domestic violence in progress call at Sunridge - 12 Nov 2020, 03 Sept 2019  Suspicious party with a knife at gunpoint (Walmart bus stop) - 09 Sept 2019  Suicide scene with suspicious circumstances - 14 Apr 2019  Deputy chief Cosper conducted multiple Interviews on the way home or into work - (Background investigation checks x 3 for multiple locations and in multiple towns for multiple new hires  Detective Baldwin:  February 13, 2019 – Safe Driving Steering committee on day off  February 24 – February 25, 2020 – Training Officer in Training Sandoval on training warrant hunting throughout Eagle County.  April 13, 2019 – Retirement Board Meeting on day off.  June 30, 2019 – Assist ECSO with Sex Offender home search warrant  July 8, 2019 – Covered ECSO jail for employee funeral  July 29, 2019 – Latino Citizen Academy wet lab on day off  August 29, 2019 – Stayed late for sex assault victim interview  September 7, 2019 – Triathlon traffic control on day off  September 17 – September 20, 2019 – Sex Offender Registry Conference  September 23, 2019 – Standardized Field Sobriety Testing Instructor Update Rifle  September 30, 2019 – Citizen Academy wet lab on day off  October 14 – October 25, 2019 – Supervisory Institute Gypsum  November 4, 2019 – Citizen Academy range night on day off  November 12, 2019 – Glock Armorer school Lakewood  December 9, 2019 – Motions Hearing on day off  December 16, 2019 – Covered patrol officers on day off  February 25, 2019 – Written test for sergeant testing on day off  March 4, 2019 – Oral board test for sergeant testing on day off  March 11, 2019 – Motions Hearing on day off  April 1, 2019 – Phone interview concerning attempted murder case on day off  June 2, 2019 – Active shooter training on day off  June 24, 2019 – Human Trafficking training on day off REPORT: Police Take Home Vehicles January 19, 2021 Page 13 of 22 Assists to other Eagle County agencies  We have and continue to assist partner agencies if there’s a mass event like the robbery/shooting in Gypsum, Lake Christine fires and house explosions in Gypsum. Chief Daly and Sergeant Dammen responded to the Lake Christine Fire together on three shifts each. 2020 In Avon  Shooting at Eaglebend Phase III - 19 Apr 2020 (6 officers called in/responded off duty)  Domestic in progress at Liftview - 31 Mar 2020  County and District Court in Eagle In 2020- Jan 7,9,23 (x3),27, Feb 3,10,18, Mar 3,4 (x2),12,16, Apr 13,16 (x2), May 12,28, Jun 8, Jul 7,9(x2), 23, Aug 11, Sep 2,3,4,16,21(x2), Oct 7,19,21, Nov 4,17,18, Dec 2,7,16 (40 officers total)  Picking up and dropping off gear to Eagle County Sheriff’s Office (ECSO), ECSO Range and Gypsum Range for Special Operations Unit SWAT trainings and Avon PD trainings (Min. 8x annually for APD and 24 x annually for SOU). Picking up FATS simulator from Snowmass Village and from Breckenridge 21 Sep 20.  Driving to calls such as the recent auto theft calls, extra needs of Criminal Investigation Bureau including Granite drug operations, dead body calls and multiple background investigations from house. Sgt. Dammen routinely conducts all APD employee backgrounds; 7 in last two years.  Additionally, responding into Avon (to come on duty) and a theft had just occurred at Walmart. The suspect had stolen a computer. The call came out just as Sgt. Jamison was about to exit Avon at the MM 167. He stayed on the Interstate and got off at the MM168 exit and was able to locate the suspect at a bus stop with the stolen computer - 13 Apr 20  Motor vehicle theft suspect on foot in Wildwood - 7 Nov 20  Intoxicated party missing in winter - 20 Jan 20  On 12/26/2020, Patrol officers responded to a possible attempted kidnapping at the Comfort Inn. Initial report was that three (3) males tried to drag a female housekeeper into their room. When officers got on scene, they knocked and there was no response. They treated the event as a potential barricade situation. Chief Daly happened to be at the PD on his day off doing some work, and he responded from the PD in his individually assigned take home car with all of his response emergency equipment including his bullet proof vest. On scene he brought in a shield and a 44 MM less lethal weapon. Eagle County Sheriff’s Deputies arrived also to assist. After some investigation we were able to ascertain that they had left and were at Big O tires in Eagle Vail. We responded and interviewed the three males. We concluded that they were disrespectful but compounded by language barrier issues, there was not enough probable cause to arrest. We further interviewed the housekeeper and they didn’t physically touch her but were disrespectful to her. We believe some of the misinformation may have come from the initial report to the manager regarding the initial events. Comfort Inn management did not want to pursue charges. REPORT: Police Take Home Vehicles January 19, 2021 Page 14 of 22  Staffing shortages - too many to account for but a lot. Not a metric we had to track before.  There have been numerous times when sergeants are headed home (off duty) and hear something aired over the radio (example of a missing person). Sergeant calls the primary officer and assists with anything sergeant can access on the in car mobile computer in their driveway to access report management system for investigative leads, applying for warrants, working with District Attorney, TLO, Facebook, etc. Many times, and not documented as this was never tracked before.  Transport detainees to Eagle County Detentions Center while on way home randomly and several times a month. We have not had a reason for tracking this metric until now. • Det. Baldwin  January 29 – January 31, 2020 – Training Officer in Training (OIT) Sandoval on Warrant Hunt Throughout Eagle County  January 15, 2020 – Mantis Shooting Tool testing on day off  February 1 – February 7, 2020 – Krav Instructor Training  February 18 – February 21, 2020 – Training OIT Sandoval on Warrant hunting throughout Eagle County  July 6 – July 8, 2020 – Training OIT Hines  July 18, 2020 – Work on FlashCam surveillance camera under Bob the Bridge on day off  August 24, 2020 – Latino Citizen Academy wet lab on day off  August 31, 2020 – Latino Citizen Academy range night on day off  September 21, 2020 – Retrieved key for fairgrounds fitness testing on day off  October 5 – October 6, 2020 – Handgun Optic Reflex Sight Instructor School De Beque  October 24, 2020 – Drug takeback Walmart on day off  November 2 – November 4, 2020 – Empathy Based Interrogation training • Det. Sgt. Lovins  SOU SWAT Call Out = 1  CIB/Call out/Surveillance efforts = 15  Forensic interviews / Meetings (SART, Investigator meetings, MDT and other projects): that have started the day or ended the day = 20  Trainings: direct travel = 20  Background investigation canvases or interviews = 4  Equipment relays/Radios/Armored vehicles = 41  Remote work: instances of days off and being contacted or having to engage for a partial day = 25  Transport on way home = 1  Court beginning or ending the day = 2  Sergeants are able to monitor what’s happening on the way in and are ready for duty as soon as they arrive in town (not compensated until they reach city limits but are still providing that REPORT: Police Take Home Vehicles January 19, 2021 Page 15 of 22 supervisory risk management during their commute as they listen to the police radio) . If Officers are on any other type of call, sergeants can respond to their location to ensure they are doing OK.  Juvenile arrest where we needed to have patrol coverage, when two (2) officers had to transport the juvenile to the Mount View Juvenile Facility in Denver. Assists to other Eagle County agencies  Grizzly Creek fires to assist ECSO, responding with all our gear, evacuations and escorts - 10 Aug 20-3 Sept 20  Gas explosions in Chatfield Corner - 17-18 Sept 20 (5 officers)  Sgt. Churches responded to a “shot” fired Domestic Violence call in Gypsum as he was pulling into his driveway. He assisted in apprehending the shooter - 9 Aug 20  Sergeants/Supervisors have provided multiple assists to motor vehicle accidents either on way home or on way into work where the Colorado State Patrol were not able to initially respond. In one circumstance, Sgt. Churches transported an injured party to Gypsum Urgent Care because there was a prolonged response time for an ambulance - 3 Feb 20 (transport)  Sgt. Churches was flagged down by motorist on I-70 near Edwards when he was heading into work. Gave driver of the disabled vehicle ride to town - 25 Aug 20  Missing child, Sebastian- in Eagle 7 Jun 20. Chief Daly responded from his home late and night and was there till the early hours. He was back to assist with the search. Multiple supervisors, detectives and officers assisted over multiple days.  Sgt. Benson had a situation where he was driving home after ending his shift about three (3) months ago and Eagle PD was looking for an armed party. He offered help to them while driving home and ended up staging in the area while other deputies arrived.  Sergeant Benson has made a few traffic stops coming home from work and heading to work where the drivers presented serious reckless behavior. One stop ended up being a mental health issue.  On 12/26/2020, as Chief Daly was driving home from a previous incident in Avon, he came upon a multi vehicle accident at MM 150 West bound I-70.Officer Sandoval (not involved in the accident) who was off duty driving his personal vehicle had pulled over to render assistance. He donned his Avon PD reflective traffic vest and was directing cars over into the left lane away from the vehicle in the emergency shoulder. As Chief Daly was in his individually assigned take home vehicle with all of his emergency response equipment. Chief Daly was the first emergency vehicle on scene. Chief Daly was able to use his emergency lights to provide safety to the multiple vehicles on the shoulder (about 6-7). Chief Daly donned his reflective patrol jacket and rendered aid. There was a heavily pregnant woman with two young kids from one of the crashed vehicles. I remained on scene to provide assistance to the Colorado State Troopers, ECSO, Fire and EMS who arrived on scene shortly thereafter. Thankfully no significant injuries in a chaotic scene. REPORT: Police Take Home Vehicles January 19, 2021 Page 16 of 22 SWAT CALL OUT RESPONSES  Multiple SWAT calls outs to include a recent criminal barricade incident in Basalt 27 Aug 2020. Chief Daly and Sergeant Dammen drove to Gypsum to collect an armored vehicle MRAP to drive to Basalt for SOU call out.  Bellyache Ridge, criminal barricade shots fired SWAT call out - 9/9/19  Armed barricaded suspect with two hostages at Streamside in Eagle Vail - 29 Feb 2020  Manhunt up West Lake Creek Trail searching for Vail PD felony warrant subject - 13 Nov 2020  Counter Assault Team for ten (10) days, sixteen (16) hours a day, working with the U.S. Secret Service protecting the Vice President of the United States- 23 Dec 2020 to January 1, 2021  Sgt. Dammen is a tactical Advisor on the Eagle County SOU Team and facilitates training twice a month. The facilitation requires transporting equipment and setting up off site locations often without coming in the PD. MEETINGS/TRAININGS  Sgt. Dammen is the Avon PD Rangemaster and facilitates Firearms training and qualifications for the entire PD staff. Often several times a week he responds from home to either ECSO range in Wolcott or Gypsum range to qualify, sight in, test fire weapons after adjustment or repair. He often picks up and drops off the range trailer at the range from his house. He also drives to Grand Junction from home for two quarterly trainings which he facilitates.  Sergeant Holmstrom attends board meetings for the Treetop Child Advocacy Center in Summit, generally on his days off. Six (6) meetings (plus community events, meetings have been zoom due to COVID in 2020)  On in-service training days, Sergeants try to provide carpool from Gypsum and Eagle to other officers to training. In 2020 – Feb 11&13, Mar 3&5, Apr 14&16, May 5&7, Jul 21&23, Aug 4&6, Sep 22&24, Oct 13&15, Nov 17&19, Dec 1&3 (20 days total)  Driving to Colorado Mountain College Spring Valley Academy from home to teach building search and firearms classes (2x to 16x annually depending on need from Academy), various times between 9 Mar 20 to 23 Sep 20. Starting 4 March 21 this year.  Chief Daly, Deputy Chief Cosper, Det. Sgt. Lovins, Sgt. Dammen, Sgt. Holmstrom and Det. Baldwin have a variety of ongoing meeting commitments in Eagle County, surrounding counties and occasionally in Denver metro area (pre and post COVID) Eagle County Public Safety Council 4x a year, Radio Technical Operations Meeting 4x a year, CACP conference 2x a year, Eagle County Behavioral Health meetings 4x a year, Chief’s meeting 4x a year, Law Enforcement Immigrant Advisory Committee meeting 6x a year, District Attorney supervisor meetings 6x a year, Sex assault response team meetings 4x a year, Forensic interviews in child sex assault investigations at the Riverbridge Child Advocacy Center in Glenwood Springs of 17x in last two years, Regional Investigator meetings 4x a year, Total Health Alliance 4x a year, Speak up Reach Out 6x a year, Rocky Mountain Tactical Team Association conference, National Tactical Officer Association conference, Rocky Mountain Accreditation Network 4x a year, Police Officer Standards REPORT: Police Take Home Vehicles January 19, 2021 Page 17 of 22 Training (POST) Academy Director Meetings 4x a year, POST Board Meetings x4 a year, Assistant Police Chief Meetings 6x a year and various pop-up/required meetings in the valley (or adjacent to our county). EXHIBITS: Exhibit A Mileage estimate for the individually assigned vehicles for the commute from Gypsum and Eagle. Exhibit B Basalt PD recruitment advertisement Exhibit C Photos of Chief, Deputy Chief, Detective Sergeant and Patrol Sergeant’s vehicle with emergency response equipment Thank you, Chief Greg Daly REPORT: Police Take Home Vehicles January 19, 2021 Page 18 of 22 EXHIBIT A. MILEAGE ESTIMATE FOR THE INDIVIDUALLY ASSIGNED VEHICLES FOR THE COMMUTE FROM GYPSUM AND EAGLE Assignment Assigned vehicle Approximate commuting miles to Avon PD Miles per day Miles per week depending on schedule Number of weeks per year minus vacation and training time Total miles annually Chief 352 (Eagle) 44 X5=220 47 10,340 Deputy Chief 354 (Gypsum) 60 X5=300 47 14,100 Detective Sergeant 361 (Gypsum) 60 X4=240 47 11,280 Detective 362 (Gypsum) 60 X4=240 47 11,280 Patrol Sergeant Squad 1 349 (Gypsum) 60 X3.5=210 47 9,870 Patrol Sergeant Squad 2 357 (Eagle) 44 X3.5=154 47 7,238 Patrol Sergeant Squad 3 348 (Gypsum) 60 X3.5=210 47 9,870 Patrol Sergeant Squad 4 346 (Gypsum) 60 X3.5=210 47 9,870 Part time Sergeant 347 (Eagle) 44 X2.5= 110 47 5,170 TOTALS 492 1894 423 89,018 REPORT: Police Take Home Vehicles January 19, 2021 Page 19 of 22 EXHIBIT B. REPORT: Police Take Home Vehicles January 19, 2021 Page 20 of 22 EXHIBIT C. Chief, Deputy Chief, Detective Sergeant and Patrol Sergeant’s vehicle with emergency response equipment REPORT: Police Take Home Vehicles January 19, 2021 Page 21 of 22 REPORT: Police Take Home Vehicles January 19, 2021 Page 22 of 22