Loading...
TC Packet 07-26-2022_______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG MEETING NOTICES 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 DEPUTY TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. AVON TOWN COUNCIL MEETING AGENDA TUESDAY, July 26, 2022 MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE) Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom AVON TOWN COUNCIL EXECUTIVE SESSION BEGINS AT 4:00 PM An executive session pursuant to CRS 24-6-402(4)(b) for the purposes of receiving legal advice on specific legal questions more specifically related to potential liability related to debris flow and storm events (40 Minutes) 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. Presentation: November 8, 2022 General Election Updates: Coordinated Election, Designate Election Official, Timeframe for Circulating Nomination Petitions, Preview Election Calendar Dates and Tasks (Deputy Town Manager Patty McKenny) (15 Minutes) 5:15 5.2. Presentation: Results Avon Voter Polling on Use Tax, Marijuana Tax, and Regional Transportation Authority Tax Questions (General Government Manager Ineke de Jong and Town Manager Eric Heil) (30 Minutes) 5:30 5.3. First Reading: Ordinance 22-10 Council Compensation (Town Manager Eric Heil) (15 Minutes) 6:00 5.4. Presentation Housing Updates (Town Manager Eric Heil and Planning Director Matt Pielsticker) (15 Minutes) 6:15 5.5. Public Hearing - Second Reading: Ordinance 22-08 Short Term Rental Licensing (Planner 1+ Max Morgan) (15 Minutes) 6:30 5.6. First Reading: Ordinance 22-09 Short Term Rental Code Text Amendments (Planning Director Matt Pielsticker) (30 Minutes) 6:45 5.7. Lot B/Lot 3 URA Development Concept (Planning Director Matt Pielsticker) (30 Minutes) 7:15 5.8. Public Hearing - Second Reading: Ordinance 22-11 Recall Regulations (Town Manager Eric Heil) (10 Minutes) 7:45 5.9. Acceptance of the 2021 Annual Comprehensive Finance Report (Finance Director Scott Wright) (10 Minutes) 7:55 5.10. Work Session: Recycling (Sustainability Coordinator Charlotte Lin) (30 Minutes) 8:05 6. MINUTES 6.1. Approval of June 28, 2022 Regular Council Meeting Minutes (General Government Intern Emily Myler) (5 Minutes) 8:35 _______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG MEETING NOTICES 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 DEPUTY TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. 7. WRITTEN REPORTS 7.1. Monthly Financial Report (Finance Manager Joel McCracken) 7.2. Quarterly RETT Report (Accountant I Carly Fackler) 7.3. E-Bike Incentive Program Update (General Government Intern Emily Myler) 7.4. Quarterly Mi Casa Program Update (Senior Planner Jena Skinner) 7.5. Green House Gas Matrix** (Planner 1+ Max Morgan) 7.6. Building Electrification Data Collection** (Planner 1+ Max Morgan) 7.7. Community Swim Program – 5-year Review (Recreation Director Michael Labagh) 7.8. Update on East Nottingham Park Improvement Bid Results (Town Engineer Justin Hildreth) 7.9. Planning and Zoning Commission Abstract (Planner 1+ Max Morgan) 7.10. Parking Management Program Update (Public Works Director Eva Wilson) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 8:40 9. ADJOURN 8:55 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) 748-4001 btorres@avon.org (970) 748-4021 pmckenny@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Patty McKenny, Deputy Town Manager Brenda Torres, Deputy Town Clerk RE: Town of Avon Municipal Election November 8, 2022 DATE: July 22, 2022 SUMMARY: The Town’s upcoming November municipal election will be administered as part of the General Election coordinated by Eagle County Clerk and Recorder Regina O’Brien. The Town’s portion of the election will include a municipal candidate election with four open seats as well as consideration of some possible ballot issues. Final decisions about the ballot, including the names of eligible candidates and measure/s, will be made in August. The ballot certification deadline is September 9. The Town Clerk’s Office will work with the Eagle County Clerk to administer Avon’s portion of the coordinated election, acting as the primary liaison between the Town and the County Clerk. It is recommended that Patty McKenny, Deputy Town Manager, serve as the designated election official for this election. The Council is asked to designate this position with formal action, see proposed motion at the close of the report. BACKGROUND: The Town of Avon has adopted the Uniform Election Code, Title 1, Elections, for the purpose of participating in any coordinated election in Eagle County and which is conducted by the County Clerk and Recorder. Definitions from the uniform election code that describe the election format and need for designating an election official can be found in Title 1, Part 1, General Definitions and Provisions, see below. 1-1-104. Definitions. (6.5) “Coordinated election” means an election where more than one political subdivision with overlapping boundaries or the same electors holds an election on the same day and the eligible electors are all registered electors, and the county clerk and recorder is the coordinated election official for the political subdivisions. (8) “Designated election official” means the member of a governing board, secretary of the board, county clerk and recorder, or other person designated by the governing body as the person who is responsible for the running of an election. (10) “Election official” means any county clerk and recorder, election judge, member of a canvassing board, member of a board of county commissioners, member or secretary of a board of directors authorized to conduct public elections, representative of a governing body, or other person contracting for or engaged in the performance of election duties as required by this code. (18) “Governing body” means a board of county commissioners, a city council, a board of trustees, a board of directors, or any other entity which is responsible for the calling and conducting of an election. INTERGOVERNMENAL AGREEMENT WITH EAGLE COUNTY CLERK’S OFFICE: The Town will be asked to execute an IGA with Eagle County which outlines the roles of the political subdivision participating in the coordinated election. The IGA will be scheduled at one of the August meetings and must be returned to the Eagle County Clerk and Recorder by August 30, 2022. (970) 748-4001 btorres@avon.org (970) 748-4021 pmckenny@avon.org PETITIONS: Nomination petitions for four (4) openings on the Avon Town Council will be available at the Town Clerk’s Office, Avon Town Hall, 100 Mikaela Way, Avon, Colorado, beginning Monday, August 9, 2022. The deadline for filing the petitions with the Avon Town Clerk is Tuesday, August 29, 2022, by 5:00 p.m. Candidate information packets, including the nomination petitions, may be picked up between 8:00 a.m. and 5:00 p.m., Monday through Friday. A minimum of 10 valid signatures from registered voters in the Town is required on the petition in order to appear on the ballot. Council member candidate petitions must be signed by at least 10 registered electors who reside in Avon. A voter registration record of the petition signer must reflect a residence address in the Town of Avon to be counted. Candidates are encouraged to obtain more than the required 10 signatures to ensure a safety net for signatures that may be ineligible. ELECTION SCHEDULE: The November 8, 2022 election schedule is included as an attachment with this report and outlines important election dates and tasks to be completed over the next few months in conjunction with Eagle County Clerk’s Office. In summary, the County Clerk’s website Clerk and Recorder (eaglecounty.us) provides a great deal of information about the upcoming General Election, with important dates listed below: Sept 24: Ballots mailed to eligible overseas and military (UOCAVA) voters Week Oct 17: Ballots mailed Oct 24: Vote Centers open Oct 31: Last day ballots can be mailed. After October 31, stop into a vote center to be issued a ballot. November 8: Election Day. Polls open 7:00 a.m. to 7:00 p.m. Ballots must be dropped in any Colorado county-controlled ballot box or vote center by 7 p.m. Postmarks do not count! The Town of Avon website has been updated with specific information related to candidate information, campaign reporting, and voter registration, access: Colorado Secretary of State -. The Town of Avon Council Chambers will be used as a Voter Service and Polling Center from October 24, 2022 through Election Day. There will be a number of press releases submitted to the Vail Daily with information about the upcoming election. COLORADO CAMPAIGN AND POLITICAL FINANCE REPORTING: In 2019, the Town adopted campaign finance regulations. These regulations require candidates and candidate committees to register with the Town. They also require candidates and candidate committees to report all contributions over $20, and cap contributions at $250. Information about campaign reporting will be provided to municipal candidates and posted on the Town’s website. PROPOSED MOTION: “I move to appoint Patty McKenny as the Town of Avon’s designated election official for the upcoming November 8, 2022 General Election to be conducted and coordinated by the Eagle County Clerk and Recorder.” Thank you, Patty and Brenda ATTACHMENT A: General Election Calendar ATTACHMENT B: Election Press Release (Draft) ATTACHMENT C: Powerpoint Slides General Election Calendar (Coordinated) Election Day Tuesday, November 8, 2022 Page 1 7/21/2022 Use this as a reference guide only. Always refer to the Colorado Constitution, Revised Statutes, and Secretary of State Rules for applicable provisions. The Town of Avon General Election will be a coordinated election administered by the Eagle County Clerk and Recorders Office. Election Day is Tuesday, November 8, 2022. The election will follow the Uniform Election Code. Dates Election Tasks August 9, 2022 Tuesday (91 days prior) First day to circulate nomination petitions. C.R.S. § 1-4-805. August 29, 2022 Monday (71 days prior) Last day to circulate and file nomination petitions with designated election official (Town Clerk). C.R.S. § 1-4-805. August 30, 2022 Tuesday (70 days prior) Last day for IGA (participation in coordinated election) to be signed by county clerks and political subdivisions. C.R.S. § 1-17-116(2). September 7, 2022 The order of the names on the ballot are drawn by lot. September 5, 2022 Monday (64 days prior) Last day for candidates to amend nomination petitions. C.R.S. §§ 31-10-302(4); 31-10-305. Last day to file with the designated election an affidavit of intent indicating the desire to run as a write in candidate. C.R.S. § 31-10-306. September 6, 2022 Tuesday (63 days prior) Last day for nominees to withdraw from election. C.R.S. § 31-10-303(1). If at close of business, day there are not more candidates than offices to be filled at the election, including candidates filing affidavits of intent, the designated election official, if instructed by resolution of the governing body, shall cancel the election and declare the candidates elected. September 9, 2022 Friday (60 days prior) Last day for the designated election official to certify the ballot order and content for the 2022 General Election to the County Clerk. C.R.S § 1-5-203(3)(a). September 12, 2022 (the week of) Informational meeting for candidates. ATTACHMENT A General Election Calendar (Coordinated) Election Day Tuesday, November 8, 2022 Page 2 7/21/2022 Use this as a reference guide only. Always refer to the Colorado Constitution, Revised Statutes, and Secretary of State Rules for applicable provisions. Date Election Deliverables September 23, 2022 Friday (44 days prior) Last day to file written comments concerning local ballot issues with designated election official (TABOR related deliverable) in order to be included in the ballot issue notice. C.R.S. § 1-7-901(4); Colo. Const. Art. X §20(3)(b)(v). If no comments are filed, Town Clerk must state “no comments were filed by the constitutional deadline. C.R.S. § 1-7-903(4). September 23, 2022 (Friday) Last day to submit a summary of favorable comments for the ballot issue notice, submitted to the designated election official. September 26, 2022 Monday (43 days prior) Last day for designated election official to deliver the full text of any required ballot issue notices to the county clerk. C.R.S. § 1-7-904. Notice includes a summary of all comments filed in support or in opposition to a local ballot issue C.R.S. § 1-7-903(3). If there are overlapping TABOR ballot issues, all TABOR notices, whether the election is coordinated or not, must be mailed to voter in one packet sent by County Clerk. Colo Const. Art. X, §20(3)(b). Town Clerk’s office shall deliver full text of any required ballot issue notices (e.g., TABOR Notice) and pro/con statement summaries to the Clerk in order to be included in the issue mailing. October 7, 2022 Friday (32 days prior) County clerk must begin issuing mail ballots for the 2022 General Election to any eligible elector who requests one in person at the county clerk's office. C.R.S. §1- 7.5-107(2.7). Last day to mail notice of a ballot issue election at least cost. (At least 30 days before a ballot issue election). C.R.S. Art. X, Sect. 20(3)(b)§§1-7-907, 1-1-106(5), C.R.S.1-1-106(5). October 14, 2022 Friday (25 days prior) Last date to cancel election or withdraw ballot issue or question C.R.S. §1-5- 208(2). A governing body may by resolution withdraw one or more ballot issues or ballot questions from the ballot. The ballot issues and ballot questions shall be deemed to have not been submitted and votes cast on the ballot issues and ballot questions shall either not be counted or shall be deemed invalid by action of the governing body. October 17, 2022 Monday (22 days prior) First day that mail ballots for the 2022 General Election may be mailed to voters (except UOCAVA voters). C.R.S. §1-7.5-107(3)(a)(I). General Election Calendar (Coordinated) Election Day Tuesday, November 8, 2022 Page 3 7/21/2022 Use this as a reference guide only. Always refer to the Colorado Constitution, Revised Statutes, and Secretary of State Rules for applicable provisions. Date Election Deliverables October 18, 2022 Tuesday (21 days prior) FCPA reports must be filed with designated election official. Avon Municipal Code Chapter 1.14. Report covers timeframe from October 28, 2021 through October 13, 2022. October 24, 2022 Monday (15 days prior) Voter Service and Polling Centers open C.R.S. §1-5-102.9(2). Counting of mail ballots may begin. No results disclosed until after 7:00 p.m. on Election Day. C.R.S. § 1-7.5-107.5. October 25, 2022 (Tuesday 14 days prior) FCPA reports must be filed with designated election official. Avon Municipal Code Chapter 1.14. Report covers timeframe from October 14, 2022 through October 24, 2022. October 28, 2022 Friday (not later than 10 days prior) Last day to post copy of published notice of election in conspicuous place. C.R.S. §§ 1-5- 205(1.3) 1-1-106(5). October 31, 2022 Monday (8th day prior) Last day to submit an application to register to vote through the mail, a voter registration agency, a local driver's license examination facility, or online to receive a mail ballot for the 2022 General Election. After this date voters may pick up ballots in person at any Voter Service and Polling Center. C.R;.S. § 1-2-201(3)(b)(III)1-2-201(4)1-2-508(3)(a)(I). November 4, 2022 Friday (Friday before election) FCPA reports must be filed with designated election official. Avon Municipal Code Chapter 1.14. Report covers timeframe from October 25, 2022 through November 3, 2022. November 8, 2022 Tuesday Election Day Polls open 7 Am-7 PM. C.R.S. §§1-7.5-107(4)(b)(II)1-8.3-1111-8.3-113 (1), (2). All ballots must be in the hands of the clerk by 7:00 p.m. on Election Day to be counted. Ballots cast by military and overseas voters must be sent no later than 7:00 p.m. on election day and received by the close of business on the 8th day after the election (November 16, 2022). November 30, 2022 Wednesday (not later than 22 days after) Last day to complete the canvass and submit official abstract of votes cast for the 2022 General Election to the Secretary of State. Official results will be forwarded to designated election official. C.R.S. § 1-10-102(1), 1-10-103(1). General Election Calendar (Coordinated) Election Day Tuesday, November 8, 2022 Page 4 7/21/2022 Use this as a reference guide only. Always refer to the Colorado Constitution, Revised Statutes, and Secretary of State Rules for applicable provisions. Dates Election Deliverables December 1, 2022 Thursday (Within 23 days after) Last day for political subdivision that referred a ballot issue or question that failed for the 2022 General Election, to waive an automatic recount of that issue or question by giving written notice to clerk and recorder. C.R.S. § 1-10.5-103. December 6, 2022 Tuesday (Within 26 days after) Last day for interested parties to request a recount of the 2022 General Election at their own expense. § C.R.S. 1-10.5-106(2). December 8, 2022 Thursday (30 days after election) FCPA reports must be filed with designated election official. Avon Municipal Code Chapter 1.14. Report covers timeframe from November 4, 2022 through December 3, 2022. December 13, 2022 Tuesday (Not later than 35 days) Last day to complete a statutory recount of any race in the 2022 General Election. C.R.S. § 1-10.5-102(2)1-10.5-103. December 13, 2022 Tuesday Swear in newly elected members (Avon Council Meeting). December 15, 2022 Thursday (No later than 37 days after) Last day to complete a recount of the 2022 General Election requested by an interested party. C.R.S. § 1-10.5-106(2). For Immediate Release | August 3, 2022 Contact: Patty McKenny, Deputy Town Manager / Designated Election Official pmckenny@avon.org / 970.748.4021 Town of Avon Council Nomination Petitions Available August 9, 2022 – Four Seats Open in November General Election Avon, CO- Nomination petitions for four (4) openings on the Avon Town Council will be available at the Town Clerk’s Office, Avon Town Hall, 100 Mikaela Way, Avon, Colorado, beginning Monday, August 9, 2022. The deadline for filing the petitions with the Avon Town Clerk is Tuesday, August 29, 2022, by 5:00 pm. Candidate information packets, including the nomination petitions, may be picked up between 8:00 a.m. and 5:00 p.m., Monday through Friday. A minimum of 10 valid signatures from registered voters in the town is required on the petition in order to appear on the ballot. Voters will select four members to the Council in November. The four seats that become vacant are held by Sarah Smith Hymes and Scott Prince, who are term limited, and Chico Thuon and Tamra Underwood, who are finishing their first term and eligible to run a second term. The terms of the remaining Council members, RJ Andrade, Lindsay Hardy, and Amy Phillips, run to November 2024. Council members receive a salary of $500 per month and the mayor receives a $1,000 monthly salary. The Mayor and Mayor Pro Tem are elected from among the Council members, and each serves a two-year term. Town elections are non-partisan. In accordance with the Town’s charter, the four candidates receiving the highest number of votes in the general election will serve four-year terms. To be eligible for election, candidates must be 18 years of age on the date of the election, a citizen of the United States, a qualified elector, and have resided within the Town of Avon for a minimum of one (1) year immediately preceding said election. The November 8, 2022 election will be conducted as a mail ballot election and is being coordinated with the Eagle County Clerk & Recorder’s Office. Town of Avon offices will serve as a Voter Service and Polling Center for the election. Voter eligibility and registration information may be accessed through the Colorado Secretary of State’s Office at www.govotecolorado.com. Please contact the Town Clerk’s Office at (970) 748-4001 or visit www.Avon.org for Avon’s election information. For general election information contact the Eagle County Clerk’s Office at (970) 328-8715 or visit www.eaglecounty.us/Clerk/. ATTACHMENT B November 8, 2022 General Election Updates By: Patty McKenny, Deputy Town Manager Brenda Torres, Deputy Town Clerk November 8, 2022 General Election Updates July 26, 2022 ATTACHMENT C General Election Overview ●Election Day is Tuesday, November 8, 2022 ●General Election administered by Eagle County Clerk and Recorder’s Office ●Conducted as a Coordinated Election (mail ballot may include multiple political subdivisions: federal, state, local or special district governments) ●Intergovernmental Agreement for Municipal Election Participation (due August 30) ●Avon Council Chambers serves as Voter Service and Polling Center (begins October 24) ●Town of Avon Website for Election Information: www.avon.org ●Colorado Secretary State Website for Voter Registration: Colorado Secretary of State -(coloradosos.gov) Municipal Candidate Election Overview ●Nomination Petitions Circulation (August 9 –29) ●Eligibility: 18 years of age; citizen of U.S.; qualified elector; resides within town for one year minimum preceding election ●Town of Avon Candidate Forum (informational for candidates; date TBD) ●Campaign Reporting Requirements: 4 filing periods Municipal Ballot Measures (Proposed) ●Town Council consideration at August meetings ●Three tax proposals for inclusion on the November ballot ●Town programs benefiting from new funding levels include: 1) regional transit, 2) community housing, 3) recreation and community health ●Revenue sources under consideration: * sales tax, * use tax on construction, * retail marijuana tax ●Voter polling results presentation by Magellan Strategies (next presentation) ●Election Information mailing to registered voters Election Calendar Overview –Important Dates ●July 26: Governing Body Appoints Designated Election Official ●August 9 –29: Nomination Petition Circulation Timeframe ●August 30: Coordinated Election IGA with Eagle County Clerks Office Due ●September 9: Certify Final Ballot to County Clerk ●October 7: County Clerk Mails Notice of Ballot Issues (Tabor notices) ●October 17: County Clerk Mails Ballots ●October 24: Voter Service and Polling Centers Open ●November 8: Election Day (ballots must be postmaked by 7 pm to be counted) ●November 30: Final Canvas and Official Election Results Due to Political Subdivisions and Secretary of State ●December 13: Swear in New Members (tentative) Thank You Vote Center Town of Avon Municipal Office Oct. 24 –Nov. 7 (8:00 am –5:00 pm) Nov. 5 (9:00 am –1:00 pm) Nov. 8 (7:00 am –7:00 pm) 970.748.4013 idejong@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Ineke de Jong, General Government Manager RE: Results Avon Voter Polling on Use Tax, Marijuana Tax, and Regional Transportation Authority Tax Questions DATE: July 18, 2022 SUMMARY: In 2021 and earlier this year, Council had several presentations and work sessions on Use Tax, Marijuana Tax, and Regional Transportation Authority (“RTA”) Tax. At the May Council meeting, Council directed Staff to retain a voter polling consultant. A voter polling consultant was selected and conducted voter polling in Avon during the end of June. The survey results are presented in Attachment A and the Verbatim survey responses are available in Attachment B. BACKGROUND: Staff solicited proposals for voter polling from four separate consulting firms. Staff received 2 proposals and selected Magellan Strategies to perform the voter opinion research. The survey approach was an online bilingual 20-question survey which could be answered by MMS Text to a respondent’s cell phone number or via the survey link available on our avon.org website. The survey was live from June 23 to July 1st and was completed by a total of 305 registered voters in Avon. ANALYSIS: The survey responses show support for the Use Tax, Marijuana Tax, and Lodging Tax for regional transit. The survey responses did not show support for the sales tax for regional transit. Note that this result is different than the voter polling survey conducted by the Regional Transit Authority Formation Committee which showed voter support in Avon for a ½ cent sales tax for regional transit (attachment C). The difference between the two voter polling results was discussed with Magellan Strategies. Magellan Strategies feels that the results from their polling of the sales tax questions for the RTA was a result of it being the third tax question asked of respondents. The regional transit authority formation committee is conducting one more round of voter polling which should be completed by the end of August. Based on the survey responses it is unlikely that the Avon voters will support all three separate tax questions. Council may wish to consider selecting either the RTA formation and tax OR the Use Tax and Marijuana Tax. RECOMMENDATIONS: Staff provides the following recommendations: •If the RTA moves forward, then Council should refer the RTA formation and tax question to the November ballot and defer the use tax and marijuana tax questions to a future year. At this time the RTA Formation Committee is not considering a lodging tax. •If the RTA does not move forward, then the use tax and marijuana tax questions should be referred on the November ballot. COUNCIL ACTION: No action is required at the July 26, 2022 Council meeting. August 23, 2022 is the last regular Council meeting for Council to take action to refer a ballot measure. Thank you, Ineke ATTACHMENT A: Ballot Measure Survey PowerPoint ATTACHMENT B: Ballot Measure Survey Verbatim Responses ATTACHMENT C: RTA Formation Committee - Voter Polling Results TOWN OF AVON 2022 BALLOT MEASURE SURVEY JUNE 23 –JULY 1, 2022 Attachment A METHODOLOGY •Magellan Strategies are pleased to present the results of an online, bilingual survey of 305 registered voters within the Town of Avon, Colorado. •The interviews were conducted from June 23rd –July 1 st, 2022. •The overall survey responses have a margin of error of +/-5.31% at the 95% confidence interval. Population subgroups will have a higher margin of error than the overall sample. •The survey results were weighted to be representative of the voter turnout demographics within the Town of Avon for a midterm election cycle. Do you agree or disagree with the following statement? “The Town of Avon is fiscally responsible and spends taxpayer money wisely.” 59%31% 10% Total Agree Total Disagree Unsure/No Opinion 3 59% 59% 76% 45% 50% 69% 63% 52% 54% 65% 31% 30% 15% 46% 39% 24% 24% 40% 40% 21% 10% 11% 9% 9% 11% 7% 13% 8% 6% 14% Rent Own Dem Rep Unaf 65+ 45-64 18-44 Men Women Total Agree Total Disagree Unsure/No Opinion Strongly Agree 12% Somewhat Agree 47% Strongly Disagree 14% Somewhat Disagree 17% 4% USE TAX BALLOT TEST Before we continue, it is important to understand that no decisions have been made by the Town of Avon to put any tax ballot measures before voters for any purpose this November. Your participation in this survey and sharing your honest opinions will influence those decisions. Let’s continue… The Town is considering three different ballot measures for this November’s election. One ballot measure would replace the Town’s current 4% sales tax on construction materials with a 4% Use Tax. Avon is the only town in Eagle County without a use tax. Collection of a Use Tax is much more efficient for both contractors and the Town. In addition, this 4% Use Tax would have an annual $50,000/year exemption to exclude small home improvement projects. The revenue generated by this tax would be allocated to the Town’s general fund. If an election were held today, would you vote yes and approve a 4% Use Tax on construction materials, or would you vote no and reject it? 4% Use Tax Ballot Test “If an election were held today, would you vote yes and approve a 4% Use Tax on construction materials, or would you vote not and reject it?” 5 47% 31% 22% Total Yes, Approve Total No, Reject Undecided Definitely Yes, Approve 11% Probably Yes, Approve 15% Lean Toward Yes, Approve 21% Definitely No, Reject 15% Probably No, Reject 8% Lean Toward No, Reject 8% 28% 55% 57% 27% 47% 61% 47% 43% 46% 49% 30% 29% 15% 51% 34% 25% 35% 28% 36% 23% 42% 16% 28% 22% 19% 14% 18% 29% 18% 28% Rent Own Dem Rep Unaf 65+ 45-64 18-44 Men Women Total Yes, Approve Total No, Reject Undecided 5% RETAIL TAX ON MARIJUANA BALLOT TEST Another ballot measure that the Town is considering is a 5% retail tax on marijuana to match the tax in Eagle County. Although the Town currently does not allow marijuana businesses or retail sales, if this tax passes, the Town would adopt regulations to allow a limited number of marijuana businesses only in designated areas. The revenue from the Marijuana Tax would be allocated to Community Housing, Recreation, and Community Health. If an election were held today, would you vote yes and approve a 5% retail tax on marijuana, or would you vote no and reject it? 5% Retail Marijuana Tax Ballot Test “If an election were held today, would you vote yes and approve a 5% retail tax on marijuana, or would you vote no and reject it?” 7 71%25% 4% Total Yes, Approve Total No, Reject Undecided Definitely Yes, Approve 41% Probably Yes, Approve 19% Lean Toward Yes, Approve 11% Definitely No, Reject 17% Probably No, Reject 5% Lean Toward No, Reject 3% 68% 74% 81% 50% 74% 72% 68% 74% 67% 77% 32% 20% 14% 48% 22% 26% 27% 23% 30% 18% 0% 6% 5% 2% 4% 2% 5% 3% 3% 5% Rent Own Dem Rep Unaf 65+ 45-64 18-44 Men Women Total Yes, Approve Total No, Reject Undecided 0.5% SALES TAX INCREASE TO SUPPORT RTA BALLOT TEST As you may know, Eagle County and the towns of Avon, Eagle, Gypsum, Minturn, Red Cliff, Vail, and the Beaver Creek Metro District have collectively pursued the formation of a Regional Transit Authority (RTA). These entities are currently considering a 0.5% sales tax increase and a 0.6% lodging tax increase to support enhanced transit service. A 0.5% sales tax increase in Avon would apply to all retail, including groceries. If an election were held today, would you vote yes and approve a 0.5% sales tax increase to support the RTA, or would you vote no and reject it? 0.5% Sales Tax Increase for RTA Ballot Test “If an election were held today, would you vote yes and approve a 0.5% sales tax increase to support the RTA, or would you vote no and reject it?” 9 35% 59% 6% Total Yes, Approve Total No, Reject Undecided Definitely Yes, Approve 5% Probably Yes, Approve 11% Lean Toward Yes, Approve 19% Definitely No, Reject 31% Probably No, Reject 10% Lean Toward No, Reject 18% 34% 36% 40% 34% 30% 49% 36% 29% 40% 29% 66% 56% 53% 66% 62% 47% 57% 65% 57% 62% 0% 8% 7% 0% 8% 4% 7% 6% 3% 9% Rent Own Dem Rep Unaf 65+ 45-64 18-44 Men Women Total Yes, Approve Total No, Reject Undecided 0.6% LODGING TAX INCREASE TO SUPPORT RTA BALLOT TEST A 0.6% lodging tax increase in Avon would apply to all lodging, including commercial hotels and short-term rentals. If an election were held today, would you vote yes and approve a 0.6% lodging tax increase to support the RTA, or would you vote no and reject it? 0.6% Lodging Tax Increase for RTA Ballot Test “If an election were held today, would you vote yes and approve a 0.6% lodging tax increase to support the RTA, or would you vote not and reject it?” 11 74% 24%2% Total Yes, Approve Total No, Reject Undecided Definitely Yes, Approve 33% Probably Yes, Approve 22% Lean Toward Yes, Approve 19% Definitely No, Reject 14% Probably No, Reject 4% Lean Toward No, Reject 6% 72% 77% 71% 71% 79% 76% 69% 77% 78% 71% 28% 20% 25% 29% 19% 24% 27% 21% 20% 27% 0% 3% 4% 0% 2% 0% 4% 2% 2% 2% Rent Own Dem Rep Unaf 65+ 45-64 18-44 Men Women Total Yes, Approve Total No, Reject Undecided 0.6% LODGING TAX INCREASE TO SUPPORT RTA BALLOT TEST (INFORMED LODGING TAX IS HIGH) As you may know, the total tax on lodging in Avon is high at 12.4% (4% Avon lodging tax, 4% Avon sales tax, 1% Eagle County sales tax, 0.5% Eagle County Transit, 2.9% State of Colorado sales tax). Knowing this, if an election were held today, would you vote yes and approve a 0.6% lodging tax increase to support the RTA, or would you vote no and reject it? 0.6% Lodging Tax Increase for RTA Ballot Test (After Informed Lodging Tax is High) “If an election were held today, would you vote yes and approve a 0.6% lodging tax increase to support the RTA, or would you vote not and reject it?” 13 58%36% 6% Total Yes, Approve Total No, Reject Undecided Definitely Yes, Approve 24% Probably Yes, Approve 17% Lean Toward Yes, Approve 17% Definitely No, Reject 18% Probably No, Reject 9% Lean Toward No, Reject 9% 65% 55% 62% 57% 55% 53% 49% 66% 60% 55% 35% 36% 33% 42% 37% 42% 42% 30% 35% 38% 0% 9% 5% 1% 8% 5% 9% 4% 5% 7% Rent Own Dem Rep Unaf 65+ 45-64 18-44 Men Women Total Yes, Approve Total No, Reject Undecided 1.2768 MILLS PROPERTY TAX INCREASE TO SUPPORT RTA BALLOT TEST An alternative to a lodging tax increase to support the RTA is a property tax increase. The total mill levy for property in Avon is 62.346, which includes the Town of Avon’s mill levy of 8.956. A property tax mill levy of 1.2768 mills would generate the same revenues as a 0.6% lodging tax. The cost for this increase would be $68.47 per year on a home valued at $750,000. If an election were held today, would you vote yes and approve a 1.2768 mills property tax increase to support the RTA, or would you vote no and reject it? 1.2768 Mills Property Tax Increase for RTA Ballot Test “If an election were held today, would you vote yes and approve a 1.2786 mills property tax increase to support the RTA, or would you vote not and reject it?” 15 26% 68% 6% Total Yes, Approve Total No, Reject Undecided Definitely Yes, Approve 5% Probably Yes, Approve 6% Lean Toward Yes, Approve 15% Definitely No, Reject 38% Probably No, Reject 17% Lean Toward No, Reject 13% 43% 20% 27% 24% 24% 17% 24% 30% 26% 26% 53% 73% 64% 71% 71% 77% 68% 65% 68% 67% 4% 7% 9% 5% 5% 6% 8% 5% 6% 7% Rent Own Dem Rep Unaf 65+ 45-64 18-44 Men Women Total Yes, Approve Total No, Reject Undecided Voter Preference for Lodging or Property Tax to Support RTA “Which tax do you think is best for Avon to support the RTA?” 16 47% 9% 29% 15% 0.6% Lodging Tax Increase 1.2768 Mills Property Tax Increase Would Not Vote for Either Undecided 25% 57% 50% 23% 58% 48% 55% 42% 43% 54% 9% 8% 11% 6% 8% 7% 13% 6% 9% 8% 44% 22% 23% 48% 25% 25% 25% 33% 32% 24% 22% 13% 16% 23% 9% 20% 7% 19% 16% 14% Rent Own Dem Rep Unaf 65+ 45-64 18-44 Men Women 0.6% Lodging Tax 1.2768 Mills Property Tax Neither Undecided Verbatim Responses148 RESPONDENTS PROVIDED ADDITIONAL THOUGHTS ON THE BALLOT MEASURES "Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?" Themes Taxes are too high, now is not the time to raise them Too expensive to live in Avon, residents want affordable housing solutions and want Town to deal with STRs Question whether RTA would benefit them (Particularly Wildridge/Wildwood) Vocal minority against retail marijuana in Avon “Every single election has tax increase measures included, every single one! Give it a rest!” -Male, 65+, Democrat, Hurd Lane “Taxes are high enough. The town should figure out how they can be more efficient with the money they have. Does everyone work as hard as they can?” -Male, 65+, Republican, Town Core “Voters need a better idea of what the regional transportation partnership would provide.” -Male, 35-44, Democrat, Wildridge “Because transit ignores Wildridge/Wildwood, I would probably reject any tax increase unless it includes this large residential area of Avon.” -Female, 55-64, Unaffiliated, Wildwood “Don’t tax the locals.” -Female, 35-44, Republican, West Avon “Please spend wisely. Do not spend more on infrastructure now. Do not spend more on art/statues. Locals need help and places to live.” -Female, 55-64, Unaffiliated, West Avon SURVEY DEMOGRAPHICS 47% 52% 1% Female Male Identify Differently 44% 36% 18% 2% Unaffiliated Democrat Republican Other Party 74%22% 4% White Hispanic Other 18-24 25-34 35-44 45-54 55-64 65+ 2% 24% 21%18% 19% 16% SURVEY DEMOGRAPHICS 60%32% 8% Married Single Prefer Not to Say 68%26% 6% Own Rent Other Wildridge West Avon Nott. Park Northside Town Core Vill. At Avon Hurd Lane Wildwood East Core Mtn. Star Other 38% 12%9%9%8%6%6%4%3%2%3% MAGELLAN STRATEGIES (303) 861-8585 WWW.MAGELLANSTRATEGIES.COM DAVID FLAHERTY COURTNEY SIEVERS RYAN WINGER Town of Avon 2022 Ballot Measure Survey "Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?" Town of Avon 2022 Ballot Measure Survey 6/23/22 -7/01/22 305n, +/- 5.31% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 1 Sex Age Range Party Housing Neighborhood Response M 65+U Oth.East Core Increasing taxes during a period of high inflation is probably questionable. I understand the need but question the timing. F 65+D Own East Core Fund RTA from existing revenue sources. If this is a priority for Avon, then fund it as a priority. Don't use RTA as an excuse to raise our taxes in these expensive and difficult times. M 55-64 O Rent East Core Chicago was built on high taxes Only criminals are left there now F 35-44 U Rent East Core No more taxes M 35-44 U Rent East Core Housing is fucked, the valley is dying F 45-54 D Own Hurd Lane Too many increases on one ballot will be tough. F 55-64 D Own Hurd Lane I do not want pot shops in our town. F 55-64 D Own Hurd Lane Im glad the public transportation in the Valley is being worked on. Its in real need of overhaul to be useable. F 55-64 D Own Hurd Lane Taxes are already high. F 65+D Own Hurd Lane I think added sales tax to support RTA would be regressive on the people who need the system the most. I would prefer other sources of revenue to fund a regional RTA-which I believe is a necessary arrangement for the future. A fully integrated county transit system is a must. M 65+D Own Hurd Lane Every single election has tax increase measures included, every single one! Give it a rest! F 45-54 U Own Hurd Lane No to all drug shops in Avon. Do not approve sales of drugs in our town. The smell, tje misuse and not the image we should have for our community and families. No, NO, NO!! Clean up the parks please. I love dogs, but why do people never clean up after their dogs. And why are the off leash on my property?? If you cannot maintian this... how will you control the open use of drugs? No to any of this in Avon!! M 45-54 U Own Hurd Lane I think raising taxes on groceries is poor way to subsidize buses. Can the people who use the buses to get to work afford to ride the bus if their grocery bill goes up too much? F 55-64 U Own Hurd Lane How about a tax increase on vacant commercial space. M 55-64 U Own Hurd Lane A lodging tax would mostly impact visitors to the area who have more disposed income. The other tax options impact locals who are already struggling and pay high sales and property taxes. F 65+U Own Hurd Lane As a Senior with diminishing income I would find any tax increase a great burden; this year the property tax on my home increased almost $2000 over the prior year, as several homes in my neighborhood sold for $million+, probably a 30%-50% increase over prices before Covid Attachment B Town of Avon 2022 Ballot Measure Survey "Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?" Town of Avon 2022 Ballot Measure Survey 6/23/22 -7/01/22 305n, +/- 5.31% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 2 Sex Age Range Party Housing Neighborhood Response F 45-54 D Rent Hurd Lane Tax the hell of the out of towners. Too many people here. Its getting out of hand. Locals cant live a peaceful life anymore due to greed. Tax those who dont live here. M 55-64 D Own Mtn Star We are headed towards a recession. Inflation is at a 40 year high. Gasoline is at a high. The idea of taxing people more now seems wildly inappropriate for anything other then optional items like marijuana consumption. F 65+D Own Mtn Star Current taxes are too high. It is too expensive to live in this valley. Avon is not an attractive town. It is not pedestrian friendly. The retail shops are mediocre, with little to offer to locals or visitors. M 55-64 R Own Mtn Star Spending money on more transit is wasteful and I would not support any tax increase to fund it. F 65+R Own Mtn Star Avoid ALL tax increases!!!! M 65+U Own Mtn Star Stop raising taxes and operate the town more efficiently. For example, what in the world is that ridiculous walkway recently constructed under I-70 most likely at Avons expense? Of what benefit is that to the common good? M 35-44 U Oth.Northside No need for any more tax increases, specially seeing how much prices are rising! M 35-44 D Own Northside Would just like to research and see what options are F 45-54 D Own Northside Please focus on employee housing and affordable housing! F 55-64 D Own Northside The full time local population in Avon is suffering enough from the expansion of short term rentals and the demands they put on the infrastructure. Any tax increase should be directed towards these uses. F 35-44 R Own Northside The 2% RETT is plenty for TOA. They have more than enough funds if spent wisely. No need to increase taxes ever. Reallocate the current ones. We pay enough in taxes. M 55-64 R Own Northside Don't want Marijuana sales in Avon. M 45-54 U Own Northside Our citizens are struggling enough to survive in an overly inflated economy and exorbently priced community. At the same time skier visits and tourism increases overwhelmingly every year. Pass this cost to the hotels and STRs and leave the working class citizens of Avon alone F 55-64 U Own Northside Tax the short term rentals to offset the cost of these uses both in terms of consumption of resource and infrastructure as well as the loss of long term housing. F 55-64 U Own Northside Would like to know the RTA ridership #s at Avon compared to total eagle county and other eagle county towns Town of Avon 2022 Ballot Measure Survey "Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?" Town of Avon 2022 Ballot Measure Survey 6/23/22 -7/01/22 305n, +/- 5.31% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 3 Sex Age Range Party Housing Neighborhood Response M 55-64 U Own Northside Avon has no attraction any longer, half the retail with numerous storefronts empty, half the restaurants and bars yet more banks and pharmacies.. This town sucks to live in now? M 55-64 U Own Northside Half the retail, half the bars and restaurants, and you continue to confuse drivers with the mid road islands that solve no traffic issues. Its not fun to live here any longer. M 65+U Own Northside I support RTA and housing initiatives, in general. Would like to see a TOA and/or a sticker for residents to allow winter parking in town. F 35-44 D Own Nott. Park A tax credit would be a nice way to increase housing for our locals needing housing. F 35-44 D Own Nott. Park I think employers who dont offer employee parking should contribute to RTA in some way. F 35-44 D Own Nott. Park I would say the town manager is doing a terrible job and the town of Avon pays peanuts compared to other towns in our area. We probably pull in more tax $ to pay our town employees better than most other municipalities. Its embarrassing. Do your job better. F 45-54 D Own Nott. Park The way this survey is worded is highly subjective to get the answers the survey writer wants. I suggest unbiased surveys going forward if you care what the voters think. M 65+D Own Nott. Park The town transportation structure seems very good at present . If it's current budget is not adaquate I would look elsewere for funding or cut some transport ptions ... M 45-54 R Own Nott. Park No more taxes M 45-54 R Own Nott. Park Reduce or maintain the budget for transit - do not tax people who dont use it. That is redistribution of wealth and anti-American! M 35-44 U Own Nott. Park Heavily tax STRs M 35-44 U Own Nott. Park I think taxing second home owners a higher rate would solve taxing issues and funds. Currently we have the lowest tax for second homeowners in the country F 45-54 U Own Nott. Park Surely you can be more creative with the existing budget than just raising taxes M 45-54 U Own Nott. Park Would like to understand what RTA improvements would be implemented. F 55-64 U Own Nott. Park Taxes in Avon are already to high!!! F 25-34 D Rent Nott. Park No but will definitely be researching more before the election. F 35-44 D Rent Nott. Park Put a moratorium on short term rentals while the housing issue is addressed. Sun ridge and liftview have gone from mostly local workers to mostly short term rentals and is only getting worse. M 45-54 D Rent Nott. Park I dont know if the short term rentals such as vrbo, Airbnb, etc. are taxed at the same rate as say a hotel room, but would like it to be the same tax rate across the board. Town of Avon 2022 Ballot Measure Survey "Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?" Town of Avon 2022 Ballot Measure Survey 6/23/22 -7/01/22 305n, +/- 5.31% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 4 Sex Age Range Party Housing Neighborhood Response F 25-34 U Rent Nott. Park As a renter, would these taxes just be an additional way for rent prices to increase and a way for which tenants to cover the costs for those providing the rentals F 25-34 U Rent Nott. Park Please stop raising our taxes. It is already expensive enough to live here and you are driving our home owners taxes up, our local working class out of the valley. Cut spending, Cut salaries and Cut the taxes. Raising taxes isn't the answer its the problem. M 25-34 U Rent Nott. Park Short term rentals are killing our town. Tax them and build employee housing or affordable housing or there will be no workers to run the businesses the tourists require. M 35-44 U Rent Nott. Park Build actual houses that people can afford that work here U 35-44 U Rent Nott. Park Stop being woke. Nobody cares about your political virtue signaling. You all care for the rich elites and have zero priorities for blue collar workers. M 35-44 U Oth.Other Yes, decrease spending in other areas and redirect those funds to the RTA F 55-64 D Own Other It is already expensive enough to live in the Vail Valley for locals. Visitors will continue to come and, eventhough taxes on rentals are high, another .6 doesn't seem like it would make a huge difference to someone coming for vacation. M 65+D Own Other We're fully taxed up. Visitors also use RTA, let them pay for it. Equally important, look at competitive ski markets and stay at par or below in our tax structure. U 35-44 O Own Other Stop making it so challenging for people to live in Avon full-time. Provide public transportation that is convenient and useful for locals. Stop making locals pay for parking to ski at Beaver Creek. Start ticketing visitors who park their cars in illegal spots and in insane manners. Allow the town to have marijuana stores, we sell cigarettes and alcohol freely, what's the difference? Tax the heck out of it and use the tax money for useful things like public transportation, housing, schools and teacher salaries. This is a ridiculous conversation for our town council. F 55-64 R Own Other I do not want Pot stores in Avon... they work great in the Green Mile and it's not essential to have them in Avon. Have you done a survey to see if residents want Pot stores to bring in unsavory types off the highway to our nice town? Before you approve and cannot undo your idea of weed in Avon, please consider how nice Avon is without these establishments. Also, the Nottingham Park parking is small and where to park is confusing and needs better signage or publicity. Parking along the road is illegal? Where are people supposed to park then? Also, how much of a shortfall for RTA is there... this survey does not inform. Town of Avon 2022 Ballot Measure Survey "Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?" Town of Avon 2022 Ballot Measure Survey 6/23/22 -7/01/22 305n, +/- 5.31% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 5 Sex Age Range Party Housing Neighborhood Response F 45-54 U Own Other DO NOT VOTE for DRUGS in our community! Do not allow the sales here. Please it is a problem already in our County. we would need more police, more fire prevention and mental health. Keep our community clean!! U 45-54 U Own Other What about forcing employers with more than 25 employees to have to offer employee housing. M 25-34 O Rent Other I think the RTA is one of the most important things for this town U 55-64 U Rent Other Spend less! M 65+U Oth.Town Core No more taxes M 65+R Own Town Core Taxes are high enough. The town should figure out how they can be more efficient with the money they have. Does everyone work as hard as they can? M 35-44 U Own Town Core Be more responsible with the budget in place. Waste less M 35-44 U Own Town Core What happened to the guy with the hat and glasses? M 35-44 U Own Town Core Yes. Be more Fiscally responsible instead of not being so and passing the irresponsibility on the tax payer continuously. Private businesses have to do it M 55-64 U Own Town Core Transit should be funded by users Make it easier for builders to build affordable housing M 45-54 D Rent Vill. at Avon Rents continually rise so I have no problem voting for tax increases too, especially property taxes. M 25-34 U Rent Vill. at Avon Need more measurements so that tax increase goes to eagle county school district M 35-44 U Rent Vill. at Avon Be careful not to tax too much. M 45-54 U Rent Vill. at Avon Thanks for asking for our input F 55-64 U Rent Vill. at Avon Citizens do not need any more taxes & expenses. Elected Public Officials need to be better stewards of the PEOPLES money instead of constantly raising taxes. We need a safer crossing at the westbound I-70 on-ramp from Nottingham Rd. before a pedestrian or cyclist gets killed. As a motorist one is looking to the left for oncoming traffic while merging and are blindsided by pedestrians/cyclist who come out from behind the trees on the right, assuming full right of way. It is very dangerous! U 25-34 U Oth.West Avon I dont believe marijuana should be sold within the town limits. F 35-44 R Own West Avon Don't tax the locals. Town of Avon 2022 Ballot Measure Survey "Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?" Town of Avon 2022 Ballot Measure Survey 6/23/22 -7/01/22 305n, +/- 5.31% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 6 Sex Age Range Party Housing Neighborhood Response M 45-54 R Own West Avon I support taxes that help make living in/around Avon more affordable to support the population the local businesses need to offer a great resident and visitor experience. Local residences support businesses year round through property and sales tax, so I'd prefer to use peak visitation periods to shore up the difference. F 45-54 U Own West Avon STOP wasting money. I would get rid of the entire town council if I could. Maybe I will. F 55-64 U Own West Avon Maybe if you promise to improve a bridge on W Beaver Creek Blvd so pedestrians don't get sprayed with slush mg chloride, slip and slide on ice , have to run over the road as there is no sign of crossing and don't have to jump out of the way when groups of bicikling tourists ride over, instead of fixing the overwhelmingly useless stage. Maybe than I would vote for increasing. F 55-64 U Own West Avon Please spend wisely. Do not spend more on infrastructure now. Do not spend more on art/statues. Locals need help and places to live. F 55-64 U Own West Avon Re allocate what you have. Do not increase taxes. You do not spend the money wisely as it it! F 55-64 U Own West Avon We are over taxed. It is getting difficult for a citizen keep going and over work to keep going even when it is time to retire, because you didnt save enough. I know we need a public transportation that will help the mobility of working force and less use of our cars. I think we need be better in management of our funds and priorities and reduce costs. As society we can not see only to tax the citizens, maybe here revenue of services like maybe parking spaces with roof tops with electric solar panels, for charging station and obtain revenue for it. Or even charge the electric buses and reduce cost for the transportation. M 55-64 U Own West Avon Anti tax be responsible with what you have F 65+U Own West Avon Would like more info on the marijuana tax or more specific info to allow shops in Avon to do business. F 35-44 D Rent West Avon Limit Short Term Rentals, yes to free buses to Vail M 25-34 U Rent West Avon You could also consider cutting spending. The shows at Nottingham are nice but definitely eat up a lot of funding. M 25-34 D Oth.Wildridge Sliding Scale for property tax for value and residency: full-time residents and lower value property exempt, vacation home, and higher value homes (>$1,000,000) taxed U 65+U Oth.Wildridge This isnt a survey - it is a pro tax campaign item Town of Avon 2022 Ballot Measure Survey "Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?" Town of Avon 2022 Ballot Measure Survey 6/23/22 -7/01/22 305n, +/- 5.31% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 7 Sex Age Range Party Housing Neighborhood Response F 35-44 D Own Wildridge I STRONGLY OPPOSE retail marijuana in Avon. It sends an unhealthy message to children and families about health priorities and norms that our community values. Folks who want marijuana can purchase down the street in EagleVail without it being promoted right in the faces of local children and teens. The language in the survey question is very tricky- if retail marijuana was approved in Avon of course a tax would be helpful (and expected, especially to offset health strategies). Avon voters expressed strong opposition to marijuana sales in town in the past and you should have separated survey questions on retail marijuana and marijuana sales tax. I would prefer lodging tax as it wont impact local residents as much in the taxing, yet we would benefit. Plus I dont think an additional 4% lodging tax would sway guests against staying in Avon. M 35-44 D Own Wildridge I hope the rta will help residents in wildridge M 35-44 D Own Wildridge Voters need a better idea of what the regional transportation partnership would provide. M 35-44 D Own Wildridge Will there be any bus service to Wildridge and Wildwood? If not, this looks like it could be a tax on locals for the benefit of tourists depending on the funding source when it reaches the ballot. If you are going to ask locals for money, there should be a benefit to them by increasing services that they can use. F 45-54 D Own Wildridge Stop looking for more ways to make it much expensive to live in happy valley. Users should pay for public transportation. The town should make it easier for developers to build apartments that are more affordable. F 45-54 D Own Wildridge Use some of the money to protect more open land that is used for animal habitats, community members & wildland fire protection (ie:2332 Fox Lsne). Thank you F 55-64 D Own Wildridge I will look for more information about RTA and its operation before I would decide how to vote. I like the idea of RTA. My biggest concern is still workforce housing. I wish I had a good solution. F 55-64 D Own Wildridge No no no on any tax increase. Property taxes already increasing dt inflation on homes. On a fixed income & do not want to be priced out of valley I have spent 40 years in. F 55-64 D Own Wildridge Please, no dispensaries in Avon! Eagle-Vail just makes sense. If you assume RTA is used most by visitors and shift workers, taxing property owners makes zero sense. Taxing groceries makes even less sense! Town of Avon 2022 Ballot Measure Survey "Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?" Town of Avon 2022 Ballot Measure Survey 6/23/22 -7/01/22 305n, +/- 5.31% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 8 Sex Age Range Party Housing Neighborhood Response M 55-64 D Own Wildridge Id be more inclined to pay higher taxes if it would provide more free parking so that we could use RTA more. M 55-64 D Own Wildridge Stop profligate spending and ridiculous projects ans theres be more money for regional transit and social programs. Nottingham Barn? Bandshells? Cmon. F 65+D Own Wildridge I am very excited about the new pickleball courts! F 65+D Own Wildridge Much of the full time residents have no access to the transit service. Residents of Wildridge, Wildwood, etc need to drive to Avon AND park to use the current transit system. F 65+D Own Wildridge Thanks for asking our opinion. A lodging tax to support transit makes sense so workers have a way to get to work without having to drive and park, visitors can do without their cars, too. M 65+D Own Wildridge Your survey is so far from the elections that no information from pro & con is available, so personal opinions are difficult to make F 55-64 O Own Wildridge Get off my wallet. F 55-64 R Own Wildridge I believe that all tax increases need to be investigated. Taxes keep going up and it is the family that work here covering all of the increases, and sooner than later, that well is going to dry up..... there has to be a better way to cover costs than to just keep increasing taxes and to put the individuals who use the services to pick up the cost. M 55-64 R Own Wildridge A best practice for the election is to explicitly state what the RTA would do, benefits, costs, etc. Tell exactly how money would be spent and what RTA transit will look like. Would any of the town transit functions fold into this RTA? Are there economis of scale, accounting, maintenance functions etc. that will become more efficient? Or folded into RTA? Under promise and over deliver. If it passes let citizens know how you are progressing vs. stateed goals, costs, functionality etc. Be super transparent. Right now this is an ephemeral RTA, need tons if substance behind it to go to voters to get it passed. M 55-64 R Own Wildridge AVON NEEDS TO STOP SPENDING MONEY ON EVERYTHING and work on the roads M 55-64 R Own Wildridge Focus on fire egress from Wildridge not preserving the mayors family barn! M 55-64 R Own Wildridge More sales and property taxes will further hammer locals already living on the margin. M 55-64 R Own Wildridge No more taxes for the locals! M 55-64 R Own Wildridge Why support transportation that only serves 1/4 of the towns square miles? F 65+R Own Wildridge Given the economic downturn, you should carefully consider asking residents for more money. F 65+R Own Wildridge No, but what about considering the wildridge fire house for a teen rec center Town of Avon 2022 Ballot Measure Survey "Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?" Town of Avon 2022 Ballot Measure Survey 6/23/22 -7/01/22 305n, +/- 5.31% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 9 Sex Age Range Party Housing Neighborhood Response M 65+R Own Wildridge Avon total taxes are already TOO HIGH!!! M 65+R Own Wildridge Rather than raise taxes, consider cutting city services excluding police and fire. M 65+R Own Wildridge With inflation the dollars to the city will increase substantially without a change in the tax percentage. M 25-34 U Own Wildridge If the sales tax increase excluded groceries I would be more inclined to vote yes for it M 25-34 U Own Wildridge The sales tax is already very high F 35-44 U Own Wildridge Instead of increasing taxes, allocate the money set aside for the e-bike rebates to people who purchase an e-bike to the RTA. E-bikes are a luxury good and that rebate only serves a select number of people that can afford a $2-3k bike at minimum after taxes and shipping. Plus for many locals working in the Valley it is impractical to use an e-bike to commute to and between the 2-3 jobs we hold around the Valley just to be able to afford to pay for a roof over our head. This limitation is particularly evident in the Winter and mud seasons when it would require purchasing warm clothes and gear for the bike to keep warm and safe in icy conditions. Use of an e-bike is practical for maybe 6 months out of the year before the mornings are very cold, its snowy/icy, or evening light is short. Even though RTA only serves a segment of our market, it serves the segment you should be focusing on because its an actual need for the transportation to get to work every day and make our Valley a destination resort people want to visit. F 35-44 U Own Wildridge What about something for employee housing? Is there something that can be done about the abhorrent mail service in Avon? M 35-44 U Own Wildridge Areas that been declared short term rentals need to remain as potential short term rentals. Areas(eagle-vail/wildridge/wildwood) need to have a closer eye placed upon them. F 45-54 U Own Wildridge I do not support increasing the cost of living (groceries, etc) for residence during a time of high inflation. Nor do I support increase property taxes to communities that would NOT benefit from the Regional Transit Authority (aka Wildridge, etc). These community members still need to drive and park somewhere to access public transportation and the system does not have a good plan for parking at transit hubs. I feel that the increase in visitors need to pick up the additional costs as we are continuously pricing out our workforce from this community. Town of Avon 2022 Ballot Measure Survey "Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?" Town of Avon 2022 Ballot Measure Survey 6/23/22 -7/01/22 305n, +/- 5.31% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 10 Sex Age Range Party Housing Neighborhood Response M 45-54 U Own Wildridge I understand the need for funding. However, before increasing taxes, I would like to the Town be more fiscally responsible with its current expenditures. The Town tends to spend money on things versus investing in improvements and events which have a long term ROI. For instance, the Town spends on landscape enhancements which are great, but fails to budget for the proper maintenance of the landscaping. Any sales tax increase should exempt groceries. I believe Vail did this recently for housing and look at what they are accomplishing. M 45-54 U Own Wildridge It would be a better idea to charge per ride or buy a pass for the additional RTA services. M 45-54 U Own Wildridge Possibly a mix of lodging and mill levy M 45-54 U Own Wildridge Tax are high enough! F 55-64 U Own Wildridge A brief explanation of this unconventional approach to gauge public opinion, included just prior to the survey, would have been helpful. The marijuana tax question was misleading, th/ anyone against marijuana sales in Avon would be against a tax. Marijuana sales in a family resort town is a very bad idea. F 55-64 U Own Wildridge I've lived in Avon over 3p. It's upsetting to see neiborhoodz ruined by short term rentals. Hots are loosing g .oney and these visitors are complexly unaware of the noise level and disregard for residents who work every day. Enough. F 55-64 U Own Wildridge This is not the time to raise taxes. M 55-64 U Own Wildridge I agree with a county wide bus system. I think it would be much more efficient than three or four separate bus systems. I don't agree with a rise in property tax to fund it. Most people look at it as an affordable increase of a few bucks a month on their property tax when the real burden is on the commercial property owners who pay substantially more in taxes and pass that increase onto their tenants, forcing tenants to raise prices on their goods and services. M 55-64 U Own Wildridge Lower my taxes, I'm taxed enough already. F 65+U Own Wildridge Avon is over taxing now. M 65+U Own Wildridge I support the RTA concept. Good reliable transit would support down valley housing options while decreasing auto usage. M 65+U Own Wildridge Living in Wildridge makes using public transportation a bit more inconvenient. M 65+U Own Wildridge The question on Marijuana conflates two issues - there should be two questions - 1) should Avon allow the sale of the drug and 2) should it be taxed more than other products if sold in the town? Thankyou Town of Avon 2022 Ballot Measure Survey "Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?" Town of Avon 2022 Ballot Measure Survey 6/23/22 -7/01/22 305n, +/- 5.31% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 11 Sex Age Range Party Housing Neighborhood Response M 65+U Own Wildridge Too many ballots M 65+U Own Wildridge Your history has shown on issues like the barn, that you do not know how to responsibly spend the money you now collect. I see no reason to allow you to impose any more or increased taxes of any kind whatsoever M 25-34 D Rent Wildridge Stop purchasing statues. M 45-54 D Rent Wildridge Whichever way you go, thank you for being responsible with the town's tax-based revenue. Be honest and be fair. Thank you! F 55-64 D Rent Wildridge In light of the looming recession, the residents of Avon cant take more tax hits. The price of everything has increased. Rental costs are off the charts in the valley. I will not support taxes that will really be felt by local workers and families. M 25-34 R Rent Wildridge No more taxes. F 35-44 R Rent Wildridge The transit system is most used by tourists. That should be passed on to them. F 45-54 D Own Wildwood Be smart F 25-34 U Own Wildwood Property tax increases should have exemptions for lower and middle-income permanent residents and landlords with long-term leases. Tax the living daylights out of the 2nd home owners but do not make it any more expensive to live here. F 55-64 U Own Wildwood Because transit ignores Wildridge/Wildwood I would probably reject any tax increase unless it includes this large residential area of Avon. F 55-64 U Own Wildwood Please remember that Avon is already an expensive place to own or rent as you plan to move forward. F 55-64 U Own Wildwood Yes deed restriction housing. I live in one and this is keeping me in a state of poverty. It needs to revised M 65+U Own Wildwood Why do you always need to raise taxes? Why dont you cut spending. Town of Vail Town of Avon Town of  Eagle Town of Gypsum Unincorporated Unincorporated  Eagle County  voters, without  Edwards Metro  District voters Edwards  Metro  District  voters DEF YES 35% 34% 24% 19% 31%35% 28% PROB YES 14% 19% 31% 20% 28%19% 36% TOT YES 49% 53% 55% 39% 59%54% 64% TOT LEAN/UNDEC 23% 17% 11% 18% 15%14% 15% TOT NO 29% 30% 34% 44% 26%32% 21% PROB NO 11% 10% 6% 8% 10%13% 7% DEF NO 18% 20% 28% 35% 16%19% 13% DEF YES 40% 45% 37% 22% 46%45% 47% PROB YES 17% 33% 27% 30% 22%18% 25% TOT YES 57% 78% 64% 52% 68%63% 72% TOT LEAN/UNDEC 17% 8% 10% 12% 9%8% 10% TOT NO 25% 14% 25% 36% 23%29% 18% PROB NO 5% 4% 1% 1% 4%5% 4% DEF NO 21% 10% 24% 35% 18%24% 14% IMPROVING FREQUENCY OF  BUSES 77% 68% 52% 55% 65%80% 57% IMPROVING TRANSIT OPTIONS  FOR STUDENTS 56% 59% 53% 53% 60%70% 50% IMPROVE TRANSIT FACILITIES;  INCLUDING HOUSING 42% 72% 52% 48% 68%66% 70% INCREASING BUS SERVICE 59% 57% 53% 47% 56%47% 65% LIMITING PARKING TO 60% 67% 51% 49% 50%56% 45% TRANSITIONING ECO TRANSIT  TO ELECTRIC 63% 58% 46% 30% 60%62% 59% TRANSITIONING TO ELECTRIC  BUSES 64% 66% 51% 36% 54%39% 63% IMPROVING TRANSIT OPTIONS  FOR SENIORS 51% 58% 46% 60% 46%51% 43% SUPPORTING YEAR ROUND AIR  SERVICE 48% 51% 46% 56% 56%47% 62% REDUCING TRAVEL TIME BY  PROVIDING EXPRESS SERVICE 63%65% 37%39%51%49% 52% PROVIDING FARE FREE 60% 52% 33% 31% 58%47% 66% PROVIDING IMPROVED  PARK/RIDE AREAS 52% 55% 49% 28% 50%49% 52% EXPANDING  CAPACITY/FREQUENCY ON ECO  TRANSIT'S HWY 6 RT 48% 55% 38% 29% 50%49% 51% HELPING BUILD A NEW I70  INTERCHANGE 46% 33% 40% 56% 47%52% 45% CREATING WAYS TO REDUCE  RELIANCE ON CARS 68% 51% 34% 36% 42%36% 46% DEVELOPING NEW TRANSIT  SERVICES 43% 48% 44% 25% 50%44% 55% BA L L O T  QU E S T I O N LO D G I N G  TA X BA L L O T  CO M P O N E N T S  (% E X T / V E R Y  IM P T ) Attachment C Title of Presentation Date Compensation for Elected Officials July 26, 2022 By: Eric Heil, Town Manager Colorado Statutes and Avon Charter/Code 1. Colorado Revised Statutes Title 31, Article 4, Section 109 and 405 2. Avon Charter Chapter 4, Council and Mayor, Section 4.8 –Compensation 3. Avon Town Code Title 2, Administration and Personnel 2.04.010 -Compensation of Council Members. (Ord. 96 -18 §1) Council Members shall receive compensation for their service in office in accordance with the following schedule: (1)Mayor: One thousand dollars ($1,000.00) per month. (2)Mayor Pro Tem: Seven hundred fifty dollars ($750.00) per month. (3) All other Council Members: Five hundred dollars ($500.00) per month Considerations: Pay Increase Would the Town Council support an increase that would double the monthly/annual compensation? (The chart shows compensation if it were doubled) ▪Align with other comparable municipalities ▪An increase has not ever been done ▪Adds value to the position ▪Improve recruiting component Elected Official Current Amount Proposed Amount Mayor $1000 /mo. $12,000 annually $2000 / mo. $24,000 annually Mayor Pro Tem $750 / mo. $9,000 annually $1,500 / mo. $18,000 Council members $500 / mo. $6,000 annually $1000 / mo. $12,000 annually Considerations: Effective Date for Increase Considerations: Compensation for Committee Assignments Considerations: Financial Impacts Thank You! 970.748.4413 matt@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Matt Pielsticker, Planning Director Eric Heil, Town Manager RE: Update on Housing Efforts DATE: July 26, 2022 SUMMARY: This report provides upcdates on current housing efforts and context for upcoming pursuits. One of the Community Development Department’s stated 2022 Goals is: “Advance Community Housing Projects (Swift Gulch, other opportunities) In addition to contract management for design services, the Community Development Department will take a leadership role with entitlements, negotiations, and coordination with other stakeholders.” SWIFT GULCH: A contract for full design services, including schematic through construction documents, was authorized by Town Council in March. Staff has entered into agreement with 2757 Design for services. Following a successful RFP process to secure pre-construction services, RA Nelson was brought onto the team. The Geotechical Study results were received on June 24th, confirming poor soil conditions and some areas of (up to 30’) “undocumented” fill. The design process has revealed the increasing difficulty with developing a fourth building on the site. Schematic level design plans are scheduled for completion in August, with preliminary pricing due by the first week of September. Schematic level pricing, and initial funding scenarios, will be presented to Town Council at the September 27, 2022 meeting. The projected additional site development costs for Building 4 is estimated at $910,000 more than Building 3 to extensive retaining walls and debris flow improvements. The Town Manager has provided direction to proceed with the schematic design of Buildings 1-3 and cease further design work on Building 4. Staff met with Olivia Cook, Housing Development Specialist with Depeartment of Local Affairs (“DOLA”). Grant opportunities were identified for the project, and a placeholder has been created in DOLA’s grant system for this project. TRACT Y: The Avon Town Council approved a development agreement and initial gap funding strategies for this Community Housing project on Metcalf Road. Initial subdivision and site/utility design plans were reviewed and coordinated with the Engineering Department. A traffic study was completed and confirm no need for auxiliary turn lane(s). Based on the review of initial design plans, it was determined that a debris flow study would need to be updated for the project. The estimated completion date and results of the debris flow study will inform the timing of a development plan submittal to Community Development for review by PZC. іMI CASA AVON!: Community Development Staff has assumed oversight of the іMi Casa Avon! housing program. Activities are lead by Senior Planner Jena Skinner. Including administration of sales and resales, an initial round of compliance verifications have been initiated for the first time. This effort is coupled with compliance verifications for the Town’s sixty six (66) price-capped historic deed restricted properties. See separate Quarterly Update from Senior Planner Jena Skinner. We wish to present an expanded іMi Casa Avon! program to Council in the second half of 2022. Multiple existing properties owners have expressed interest in deed restricting their units to leverage funds for Page 2 of 2 capital improvements and other needs. Offering іMi Casa Avon! to existing property owners, in addition to new transfers, would open significant opportunities for program growth. EAST AVON: This property was annexed and conveyed to the Town as part of the multi-party land exchange in 2013. The property is zoned open space, with Public Faciility (“PF”) called out for an approximate 6 acre corner. Trails and a connector road are also earmarked for future development. A land survey and slope analysis have been completed for the “developable” portion of the property that contains slopes less than 40%. Feasibility of connecting Wagon Trail Road to the parcel, and initial development layout, will be pursued in the second half of 2022. LOT 3/LOT B: The Lot 3 property is credited with providing 20 deed restricted housing units in the existing Sheraton Mountain Vista development. Therefore, a hotel development on the parcel would not be subject to the Town’s inclusionary housing requirements. Despite the credit we have worked with the land owner to explore the inclusion of at least two housing units within the development program. Community Housing is a substantial component of the Lot B development scenario. See separate Memorandum and discussion in packet materials. EAGLE COUNTY LAND INVENTORY & POLICY ANALYSIS: Staff secured a grant from DOLA for a county wide housing property inventory and policy anslysis. A Request for Proposals (“RFP”) yielded a local team of Geographic Information Systems (“GIS”) and planning experts, lead by Elev8, Inc., to assist with collecting data on available parcels for potential development or future redevelopment efforts. The project includes coordination with Eagle County, Vail, Minturn, Redcliff, Eagle and Gypsum staff members. Draft results from the study will be first presented to the Mayors/Managers group, before further dissemination. DEVELOPMENT BONUS POLICY: A development bonus code provision was initially presented to Council three years ago during the revival of the inclusionary zoning ordinance. Direction was provided to remove development bonus from the discussion at that time. Since that time the inclusionary zoning ordinance has yielded the requirement for two 3bdrm units in the Frontgate development, and one deed restricted unit in the McGrady Acres development. Staff will reintroduce a focused version of the development bonus zoning tool to promote housing to Council in August. OTHER VACANT LAND: Staff has contacted the owners of vacant land along Nottingham Road and the Village (at Avon) to express Town’s interest in housing development. Staff will update Council on any potential partnerships or acquisitions of vacant land for housing development if there is any interest by such property owners. Thank you, Matt and Eric 970.748.4030 jskinner@avon.org | mmorgan@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Max Morgan, Planner 1+ RE: PUBLIC HEARING: Second Reading: Ordinance 22-08 Short Term Rental Licenses First Reading: Ordinance 22-09 Code Text Amendments DATE: July 20, 2022 SUMMARY: Ordinance 22-08 is presented for Council consideration on second reading. Ordinance 22-08 was (“Attachment A”) approved on first reading on June 28, 2022. This Ordinance revises the Town’s Short Term Rental (“STR”) licensing requirements. Ordinance 22-09 (“Attachment B”) includes code text amendments to Title 5 and Title 7, which includes cross references and language related to Short Term Rental and the licensing regulations. This report includes a recommendation from the Planning and Zoning Commission (“PZC”) to Town Council related to STR licensing caps outside of Town Core, as well as any additional recommendations PZC identified as pertinent to the ongoing process of STR policy updates. COMMUNITY ENGAGEMENT: STR license-holders received an email from the Town on May 9, 2022 notifying them that the Town is “working through modifications to short term rental process and procedures,” and that changes will likely include a new fee structure and requirements for minimum safety standards. The email also states that the Town is evaluating STR locationality and licensing caps. A second mailed notification was also distributed to over 1,600 residents in Avon informing them of the June 14, 2022 hearing date with Council. A third public notice was published in the Vail Daily on June 24, 2022 to notify individuals and families with addresses listed in the STR Overlay (“STRO”) about the Public Hearing related to STRs at the July 5, 2022 PZC meeting. Staff also sent both emailed and mailed notice of Ordinance 22-08 to all existing STR License holders July 8, 2022 to solicit input on Ordinance 22-08. BACKGROUND: The April 26, 2022 Town Council meeting included a work session on Short Term Rental regulations in the Town of Avon. As part of the work session, Staff introduced two potential ordinances: Ordinance 22-08, which affects STR fee structures and licensing, and Ordinance 22-09, which affects the STR Overlay (“STRO”) zoning, language, and other related Code Text Amendments. Town Council directed Planning Staff to further examine STR fee structures and licensing caps, as well as the potential STR Overlay zoning boundaries and criteria. The second hearing on May 24, 2022, further evaluated the proposed STR fee schedule and how to regulate this endeavor's land use aspect. Although Council was not necessarily comfortable in how best to augment the existing STR program on this date, Staff gained a clearer vision of how to enhance the materials for consideration for the next hearing, including the use of the Town Core map in lieu of the STRO. At the June 14th hearing, Council directed Staff to revise Ordinance 22-08 for first reading at the June 28th Council meeting. Council also requested that Staff prepare an application for Development Code text amendments to implement limitations on STR, which application will be submitted to PZC. The application to PZC is separate from Ordinance 22-08. At the June 14, 2022 Town Council meeting, Council directed Staff to revise the draft of Ordinance 22-08 for presentation at the June 28, 2022 Council meeting. Updates includes language revisions for consistency and clarification of the term “STR”, the addition of “RO-STR License” as a defined term, the Page 2 of 4 addition of Maximum Occupancy limit, and addition of Subsection (g) “Limitation of Short Term Rental License,” which was marked as [RESERVED] to allow for a later addition of language on STR License regulations. Town Council completed first reading of Ordinance No. 22-08 at the June 28, 2022 Council meeting and requested to Staff that the PZC provide a recommendation related to STR licensing caps outside of the Town Core. Additionally, PZC was tasked to ensure that the language for the Avon Municipal Code “reads well, is clear and concise, and meets the necessary findings for the support of an approval.” At the July 5, 2022 PZC meeting, commissioners reviewed the proposed Ordinance No. 22-08, information on STRs, and the recent timeline of action taken by Council and Staff. At the meeting, PZC took action to continue to the discussion on STRs at the next PZC meeting on July 19, 2022. At the July 19, 2022 PZC meeting, the PZC took action to provide the following recommendation to Council: “I move to recommend approval of Case #CTA22002, an application for a Code Text Amendment and other recommendations affecting Short Term Rentals, based on the findings outlined in Staff’s report.” FINANCIAL CONSIDERATIONS 22-08: The proposed fee structure is estimated to cover the increase cost of Staff administration to implement the new Minimum STR Management Requirements. Adoption of this Ordinance should be financially neutral for the Town. RECOMMENDATION ORDINANCE 22-08: I recommend approval of Ordinance 22-08 on second reading. PROPOSED MOTION: “I move to approve ordinance 22-08 amending sections 3.12.020, 5.04.050, and 5.04.110 of the Avon Municipal Code concerning Short Term Rental Licenses.” Thank you, Max ORDINANCE 22-09 SUMMARY: This report presents the Town of Avon’s application to amend the Avon Development Code and related business licensing requirements for Short Term Rentals to establish a maximum cap on short- term rental licenses in the Short Term Rental Overlay zone district and Outside the Town Core. Planning & Zoning Commission (“PZC”) reviewed the application at a public hearing on July 5, 2022. PZC members expressed the need for more time to think about the complexities and impacts of Short Term Rental regulations and limitations and continued the public hearing to June 19, 2022. As a result of this hearing, the PZC made a recommendation to Town Council to approve the proposed modifications to the STR program as presented by Staff. Avon Town Council directed Staff to prepare and submit a formal application for Avon Municipal Code Amendments to establish limits on Short Term Rental (“STR”) licenses. Proposed Code Text Amendments (“Exhibit A”) were presented to the PZC. PZC is required to conduct a public hearing before taking action to provide a recommendation to Council on proposed code amendments. Avon Town Council is scheduled to review PZC recommendations at a July 26, 2022 public hearing. Council implements code amendments through adoption of an ordinance. Page 3 of 4 PZC OUTCOME: The PZC supported limiting Short Term Rental licenses for properties outside the Town Core and still within the Short Term Rental Overlay zone district, to be capped at 15% of the total number of residences on each property. Any existing STR Licenses on the effective date of these Code Amendments would be grandfather and permitted to continue even if the total number of STR licenses was more than 15%, as discussed below. In addition, there would be no limit on Resident Occupied Short Term Rentals (“STR-RO”) or Limited Short Term Rentals (“STR-L”) which allow up to 42 days per calendar year of short term rentals. See discussion below. As the Council expressed a desire to proceed expeditiously with review of STR license regulations and potential limits, the PZC provided a recommendation of approval of CTA22002 and also for Ordinance 22- 08. These recommendations and findings will be forward to the July 26, 2022 Avon Council meeting. The proposed code text amendment application seeks to modify the Avon Municipal Code affecting Title 3, Revenue and Finance specifically, §3.12.020. Definitions, Title 5 Business Licenses, specifically, §5.04.050. Short Term Rentals, Title 7: Development Code, specifically, §7.08.010 General Definitions, §7.20.090 Overlay Districts, §7.24.050 Use Specific Regulations, and, includes modifications to the Town Core Map, which is utilized within Title 7. TOWN CORE MAP: The STR program and licensing as proposed will correlate with an amended Town Core map. The reference to the Town Core map provides an efficient and intuitive boundary area for unlimited STR licenses and areas which would be subject to a cap on STR licenses. The existing Town Core area already includes the mixed-use commercial and lodging core of Town. The proposed additions to the Town Core include additional properties which are either timeshares, front-desk properties, or luxury residential developments. The proposed boundary for the amended Town Core to establish a defined area for unlimited and limited STR licenses has been evaluated and approved by the Town Attorney. The establishment of boundaries for zone districts and other regulations is generally considered to be a legislative matter where the Town has broad discretion to establish boundaries where regulations differ. The PZC also supported the modifications to the Town Core Map as presented. PROCESS: The process for Code Text Amendments is set forth in AMC 7.16.040. PZC is required to conduct a public hearing before providing a recommendation to Council. PZC then makes a recommendation and issues written findings. Council had requested PZC to provide recommendation by the July 19, 2022 PZC meeting so that Council can consider adoption of any ordinance on first reading at the July 26, 2022 Council meeting. PZC found that the presented materials provided satisfactory information for support and that all modifications satisfied the required findings for a Code Text Amendment. Their recommendation for Council is attached (“Attachment C”).to this report. PLANNING ANALYSIS CTA 22002: Please find analysis (“Exhibit C”) of the review criteria for code text amendments. FINANCIAL CONSIDERATIONS 22-09: Adoption of this Ordinance should be financially neutral for the Town and does not impose additional fees or costs to the public with its adoption. RECOMMENDATION ORDINANCE 22-09: I recommend approval of Ordinance 22-09 on first reading. Page 4 of 4 OPTIONS: The following represents options for next steps regarding Ordinance 22-09 1.No Action 2. Approve the first reading of Ordinance No. 22-09 as drafted 3. Approve the first reading of Ordinance No. 22-09 with modifications, and schedule second reading for August 9, 2022 4. Continue to August 9, 2022 PROPOSED MOTION: “I move to approve ordinance 22-09 amending sections 5.04.050(g), 7.08.010 and 7.24.050 of the Avon Municipal Code concerning Short Term Rental Licenses, as well as the updated Town Core Map.” ATTACHMENTS: Attachment A: Ordinance 22-08 Exhibit A: Proposed AMC Amendments Attachment B: Ordinance 22-09 Exhibit A: Code Text Amendment Exhibit B: Town Core Map Exhibit C: Planning Analysis Attachment C: Planning and Zoning Commission Record of Decision of Approval Attachment D: New Public Comment to Council Attachment E: Public Comment to Council included in previous Council Packets Attachment F: Existing STR Conditions and Trends Thank you, Jena ORDINANCE NO. 22-08 AMENDING SECTIONS 3.12.020, 5.04.050, AND 5.04.110 OF THE AVON MUNICIPAL CODE CONCERNING SHORT TERM RENTAL LICENSES WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, the Town Council of the Town of Avon (“Council”) finds that interest and investment in Short Term Rentals has increased in the Town of Avon as well as increased generally in numerous other mountain resort communities, and that such increase in Short Term Rental use has reduced the stock of residential housing available for long-term rentals, thereby exacerbating the lack of local work force housing while increasing the impacts of an accommodations use; and WHEREAS, Council adopted the Avon Community Housing Plan which sets forth certain goals and strategies to promote the availability of Community Housing in Avon, including the adoption of regulations and fees for Short Term Rentals; and WHEREAS, Council finds that the regulation of short term rentals and adoption of minimum management requirements for short term rental use is necessary to promote the health, safety and general welfare of the Avon community; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Sections 3.12.020, 5.04.050 and 5.04.110. Sections 3.12.020, 5.04.050 and 5.04.110 of the Avon Municipal Code is hereby amended as set forth in Exhibit A: Section 5.04.050 Short Term Rentals. Ord 22-08 Short Term Rental Licenses July 26, 2022 – Second Reading Page 1 of 3 ATTACHMENT A Ord 22-08 Short Term Rental Licenses June 28, 2022 – First Reading Page 2 of 3 Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter, provided that the date for compliance with new STR License and RO-License fees, Minimum STR Management Requirements, and other aspects of Section 5.04.050, shall be November 1, 2022. Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [SIGNATURE PAGE FOLLOWS] Ord 22-08 Short Term Rental Licenses June 28, 2022 – First Reading Page 3 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on June 28, 2022 and setting such public hearing for July 26, 2022 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY:ATTEST: Sarah Smith Hymes, Mayor Brenda Torres, Deputy Town Clerk ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on July 26, 2022. BY:ATTEST: Sarah Smith Hymes, Mayor Brenda Torres, Deputy Town Clerk APPROVED AS TO FORM: Karl Hanlon, Town Attorney EXHIBIT A ORDINANCE 22-08 The proposed application seeks to modify the Avon Municipal Code affecting: •Title 3, Revenue and Finance specifically, §3.12.020. Definitions •Title 5 Business Licenses, specifically, §5.04.050. Short Term Rentals This document will show STRIKEOUTS, indicating language being removed or changed and with proposed language being introduced into the Code as shown in RED. EXHIBIT A AMENDMENTS TO SECTIONS 3.12.020; 5.04.050; AND 5.04.110 OF THE AVON MUNICIPAL CODE TITLE 3.12 REAL PROPERTY TRANSFER TAX 3.12.020 - Definitions is hereby revised by deleting language in strike-out and adding language in double underline. 3.12.020 - Definitions. Primary residence means the occupation and use of a residence as the primary residence, which shall be determined by the Town Manager by taking into account the following circumstances: voter registration in Avon, Colorado (or signing an affidavit stating that the applicant is not registered to vote in any other place); stated address on Colorado driver's license or Colorado identification card; stated address on motor vehicle registration; ownership or use of other residences not situated in Avon, Colorado; stated residence for income and tax purposes; and such other circumstances as well as such processes for verification and investigation deemed appropriate by the Town Manager to determine that the buyer is continuously occupying and using the residence as a primary residence. For purposes of subsection (17)—(19), occupation and use of a residence as a primary residence must occur within thirty (30) days of transfer of the real property, provided that the Town Manager may grant an extension of an additional ninety (90) days if extenuating circumstances are found to exist in the Town Manager's discretion and provided that such extension request is included with the buyer's application for exemption. A person who receives an exemption for purchase of property as a primary residence shall be permitted to short-term rent, portions of the residence provided that such person continues to occupy and use the residence as a primary residence and provided that RO-STR use is allowed and that there is a valid RO-STR License in accordance with Section 5.04.050. Primary residence status may be maintained if unforeseen circumstances arise that requires the buyer occupant to temporarily leave the residence for a period not to exceed nine (9) months with the intent to return, and the buyer occupant leases the residence in their absence to an Eagle County employee(s), and the buyer occupant receives written approval from the Town Manager. TITLE 5 BUSINESS TAXES, LICENSES and REGULATIONS 5.04.050 Advertisement of Accommodations Short Term Rentals 5.04.050 Short Term Rentals is here by repealed and re-enacted in its entirety to read as follows: 5.04.050. Short Term Rentals (a) Short Term Rental License. A Short Term Rental License shall be obtained from the Town prior to any operation of a Short Term Rental or Resident Occupied Short Term Rental. The Short Term Rental License shall serve as the Business License for a residential unit. Failure to obtain and continuously maintain a Short Term Rental License while operating a residential dwelling, or portion thereof, as a Short Term Rental shall be a violation of this Chapter 5.04. (b) Short Term Rental Definitions. The following terms are defined and apply to Short Term Rentals (1) Front Desk or Manager means any arrangement where a property has an on-site front EXHIBIT A AMENDMENTS TO SECTIONS 3.12.020; 5.04.050; AND 5.04.110 OF THE AVON MUNICIPAL CODE desk or a manager arrangement that oversees more than one Short Term Rental. (2) Resident Occupied Short Term Rental means any residential property for which a full-time resident resides at such residential property as that resident’s Primary Residence, as defined in Section 3.12.020, and for which a portion of the residence including other bedrooms, but not the entire residence, is rented for fewer than 30 consecutive days. (3) RO-STR License means a license to operate a Resident Occupied Short Term Rental. (4) STR License means a license to operate a Short Term Rental or Resident Occupied Short Term. (5) Short Term Rental means any residential property for which the entire residence is rented for fewer than 30 days and is assessed as residential property by the Eagle County Assessor. (c) Fees. A Short Term Rental License Fee shall be paid in lieu of the Business License Fee. The Short Term Rental License Fee shall be paid annually. License options shall be as follows: (1) Resident Occupied Short Term Rental: $150 (2) Front Desk/Manager for Time Share: $250 plus $25 for each bedroom in the time property that is used for short term rental. (3) Short-Term Rentals: (i) Studio or One Bedroom: $350 (ii) Two Bedroom: $400 (iii) Three Bedroom: $450 (iv) Four Bedroom or Greater: $500 (d) Minimum STR Management Requirements. The following Minimum STR Management Requirements shall be continuously met by a STR License holder, including a RO-STR License holder, and the failure to continuously meet these minimum management requirements shall be deemed a violation of this Chapter and grounds for denial, suspension, or revocation of a STR License under this Chapter 5.04. The STR License holder shall sign an affidavit each year upon obtaining a STR License and renewing such license that shall affirm compliance with these Minimum STR Management Requirements: (1) Management Contact. The STR License Holder shall communicate current contact information for a Management Contact person to all renters who shall be available to respond to urgent matters, such as water leaks or heating malfunction. The contact information shall include a cell phone number and email address. The designated EXHIBIT A AMENDMENTS TO SECTIONS 3.12.020; 5.04.050; AND 5.04.110 OF THE AVON MUNICIPAL CODE Management Contact shall be available to respond to any renter within four (4) hours by phone or email and shall be available to respond in person, or cause a designee or agent to respond in person, within twenty-four (24) hours. (2) Smoke Alarm, Carbon Monoxide Alarm, and Fire Extinguishers. The STR License Holder shall provide and maintain smoke alarms, carbon monoxide alarms, and fire extinguishers as required to meet minimum building codes. (3) Maximum Occupancy. The maximum occupancy for any STR License and RO-License shall be two (2) persons per bedroom and loft area plus two (2) persons. (4) Wood Burning Fireplaces and Stoves. Wood burning fireplaces, stoves and chimneys must be cleaned on an annual basis. (5) General Maintenance. The STR License holder shall continuously maintain the property in a manner that is fit for occupancy by visitors, including but not limited to all plumbing, electrical, heating and cooling, and operation of doors and windows. (6) Parking. The STR License holder shall provide a legal off-street parking space to serve the STR License which meets the parking requirements of a Development Plan approved by the Town of Avon or meets the minimum parking requirements set forth in the Avon Development Code. (7) Trash and Recycling. The STR License holder shall provide service for trash and recycling removal and/or access to trash and recycling removal which is located on the property where the STR unit is located. (8) Noise. The STR License holder shall communicate to residents that noise which is disturbing to occupants in other neighboring residential units is not permitted before 8 am or after 10 pm. (9) Nuisances. The STR License holder shall communicate to residents that nuisances will not be tolerated, including but not limited to odors, smoking, and barking dogs. (10) Accurate Representation. The STR License holder shall accurately represent the residential unit and associated amenities to rents, including but not limited to size or type of unit, number of bedrooms, number of bathrooms, access to WIFI, and access to common amenities provided on, or with, the property where the STR is located. (11) Renter Information. The STR License holder shall provide to Renters the information and rules in this section and such other minimum information as the Town may determine appropriate for Minimum STR Management Requirements. (e) Additional Minimum RO-STR Management Requirements. RO-STR License holders must comply with all other Minimum STR Management Requirements. Additionally, a RO-STR License holder must designate by name the resident or residents that reside at the property as their EXHIBIT A AMENDMENTS TO SECTIONS 3.12.020; 5.04.050; AND 5.04.110 OF THE AVON MUNICIPAL CODE Primary Residence, as defined in Section 3.12.020, and such designated residents must be physically at the residence for a portion of each of day that there are short-term rental occupants at the residence. (f) Advertisement of accommodations. Every property owner providing any room or rooms used for STR for a duration of fewer than thirty (30) days shall obtain and maintain a STR License or RO- STR License prior to advertising such STR. The failure to obtain a business license prior to advertising such STR shall be a violation of this Chapter. Advertisement shall include any written, oral or video communication or publication disseminated by signage, mailing, print, internet listing, e-mail publication, social media, other electronic means, telephone or other means which is intended to directly or indirectly induce a person to use or rent the property for consideration. Any advertisement of STR shall prominently display the Avon business license number in the advertisement as, "Avon STR License No. [insert number]". The failure to prominently display the Avon business license number in any advertisement of STR shall be a violation of this Chapter. (g) Limitation of Short Term Rental Licenses. [RESERVED] (h) Administration of Short Term Rental Licenses. The Community Development Department shall review license applications and license renewals for STRs and RO-STRs and provide verification to the Finance Director that licenses meet the Minimum STR Management Requirements for STR Licenses, RO-STR Licenses and all relevant provisions of Business Licenses generally. The Community Development Department shall have the authority to create and adopt application forms, procedures for registering complaints, and such additional rules and regulations as may be required to implement and efficiently administer STR Licenses and RO-STR Licenses. (i) Complaints and Violations. The Community Development Department shall receive complaints concerning Short Term Rentals including any violations or non-compliance with the requirements of this Section. The Community Development Department shall investigate complaints and provide recommendations to the Finance Director if non-action, a warning, a fine, suspension or revocation of a STR License is appropriate. In all cases, the complaint shall be communicated to the STR License holder. The procedures and criteria for revocation of Business Licenses set forth in Section 5.04.110 shall apply to proceedings for revocation of a STR License. The provisions set forth in Chapter 5.04 Business Licenses generally for violations, penalties and enforcement shall apply to STR Licenses. 5.04.110 Revocation – Causes – Notice And Hearing. 5.04.110. Revocation—causes—notice and hearing is hereby revised by deleting language in strike-out and adding language in double underline. 5.04.110. Revocation—causes—notice and hearing. (a) A business license, including a STR License and RO-STR License may be revoked for the following grounds: EXHIBIT A AMENDMENTS TO SECTIONS 3.12.020; 5.04.050; AND 5.04.110 OF THE AVON MUNICIPAL CODE (1) Fraud, misrepresentation or false statement contained in the application of the license; (2) Fraud, misrepresentation or false statements made in the course of carrying on the licensed business; (3) Failure to pay sales tax, accommodations tax or other applicable tax or fees to the Town of Avon; (4) For vendors, solicitors and peddlers: fFailure to comply with the vendor regulations or the terms of a vendor license permit; (5) For vendors, solicitors and peddlers: aAny violation of the ordinances of the Town involving moral turpitude; (6) For vendors, solicitors and peddlers: cConviction of any crime or misdemeanor by a license holder moral turpitude; or, (7) Conducting business in an unlawful manner or in such manner as to constitute a breach of the peace, or to constitute a menace to the health, safety or general welfare of the public. (b) The Finance Director may revoke a business license, including a STR License and RO-STR license, in accordance with the following procedures: (1) The Finance Director shall submit a written notice of revocation to the licensee, stating the following: (i) The grounds for revocation; (ii) Requesting information if necessary; (iii) Stating corrective action if applicable and appropriate; (iv) Stating the appeal rights of the business licensee; (v) Identifying the last day to file an appeal with the Town and stating that the revocation shall become effective on day after if no appeal is filed; and, (vi) Stating that conduct of business without a business license shall be a violation of this Chapter. (2) Written notice shall be sent by U.S. first class mail to the address provided in the business license application. Notice shall be deemed given on the date that notice is deposited in the U.S. mail. (c) The Finance Director may immediately suspend a business license, including a STR License or RO- STR license pending a written notice of revocation if the Finance Director has that reasonable grounds to believe that the business licensee has failed to comply with any regulation and that the violation creates an immediate threat to the health, safety and general welfare of the Avon community. (d) The decision of the Finance Director may be appealed to the Avon Town Manager in the manner and in accordance with procedures set forth in Section 5.04.120. Ord 22-09 Modification to the Town Core Map and Code Text Amendment Page 1 of 4 ORDINANCE 22-09 AMENDING TITLES 5 AND 7 OF THE AVON MUNICIPAL CODE AND AMENDMENT TO THE TOWN CORE MAP WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, The Town Council of the Town of Avon (“Applicant” or “Council”) has submitted a Code Text Amendment application to modify the Short-Term Rental (“STR”), regulations in Title 5 and Title 7, as well as to amend the Town Core Map, directly related to this particular amendment; and WHEREAS, the Town Core map as referenced within the Avon Municipal Code has not been altered since 2011 and changes in development within and around Avon warrant the amendment of this defined area, such that it should be expanded; and WHEREAS, the Town of Avon Planning & Zoning Commission (“PZC”), after publishing and posting notice as required by law, held a public hearing on, July 19, 2022; and prior to formulating a recommendation to the Town Council considered all comments, testimony, evidence and Town Staff reports; and then took action to adopt Findings of Fact and made a recommendation to the Town Council to [approve/deny] the Application; and WHEREAS, in accordance with AMC §7.12.020, Council and in addition to other authority granted by the Town Charter, its ordinances and State of Colorado law, has review and decision- making authority to approve, approve with conditions or deny the Application; and WHEREAS, after publishing and posting notice in accordance with the requirements of AMC Section 7.16.020(d), Step 4: Notice, Council held public hearings on June 14, 2022 (and , 2022,) prior to taking final action considered all comments, testimony, evidence and Town Staff reports; and then Council took action by approving this Ordinance; and WHEREAS, pursuant to AMC §7.16.040, Review Criteria the Town Council has considered the applicable review criteria for a Code Text Amendment application; and WHEREAS, the Application complies with AMC §7.16.050(c), Review Criteria, and is consistent with the Comprehensive Plan’s goal of providing a balance of land uses while inviting guest accommodations that strengthen Avon’s identity as both a year round residential community and a tourism center while preserving the opportunity to also ensure long-term residential opportunities for workforce in these units; and ATTACHMENT B Ord 22-09 Modification to the Town Core Map and Code Text Amendment Page 2 of 4 WHEREAS, all existing Properties remain suitable for short term rental usage, and all short term rental licenses for the affected properties, if affected, shall be grandfathered as licenses that are allowed to continue until either the cessation of the STR use in these unit(s) by the property owner or a change in unit ownership occurs; and, WHEREAS, all of the potentially affected Properties are located outside of the Town Core, where STRO has not been affected, and WHEREAS, this amendment will increase compatibility of STRs of neighboring properties and decrease workforce displacement within the current Properties; and WHEREAS, Resident Occupied (RO) means the occupation and use of a residence on a full- time basis, occupied by the unit owner or a renter of the unit thereof. RO verification and investigation for STR licensing purposes shall be determined appropriate by the Town Manager to ensure that a resident is continuously occupying and using the residence in a full-time capacity; and WHEREAS, the Application will provide for orderly, efficient use of the Property, while at the same time conserving the value of the investments of owners of property in the Town in accordance with the Purpose statements in the Avon Development Code; and WHEREAS, the health, safety and welfare of the citizens of the Avon community would be enhanced and promoted by the adoption of this Ordinance; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a Public Hearing in order to provide the public an opportunity to present testimony and evidence regarding the application, and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Redefining Town Core. The area and map of the Town Core has been updated to include certain residential properties that contain a significant number of front desk managed rental properties including Short Term Rentals and time-share properties. The new map has been attached as EXHIBIT B Section 3. Code Text Amendments. AMC §5.04.050(g), AMC §7.20.190, and AMC §7.24.050 are hereby amended as depicted in “Exhibit A – Code Text Amendments” with strike-out depicting language to be deleted and underline depicting language to be added. Ord 22-09 Modification to the Town Core Map and Code Text Amendment Page 3 of 4 Section 4. Effect on Existing Short Term Rental Licenses. Properties that have a valid STR license with the Town of Avon on the effective day of this ordinance shall continue to remain in effect until abandonment of the Short Term Rental use, change in ownership, or revocation of the Short Term Rental license in accordance with the procedures set forth in Chapter 5.04 Business Licensing, as may be amended from time to time. Section 5. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it has passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect upon satisfaction of the condition sets forth in Section 4, but in no event shall take effect sooner than thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public and this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, Ord 22-09 Modification to the Town Core Map and Code Text Amendment Page 4 of 4 grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 10. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on [ ], 2022 and setting such public hearing for [ ], 2022 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on [ ], 2022. BY: ATTEST: Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: Karl Hanlon, Town Attorney EXHIBIT A The following document contains the proposed Code Text Amendments for Case #(CTA22002). The proposed application seeks to modify the Avon Municipal Code affecting: •Title 5 Business Licenses, specifically, §5.04.050(g) Limitation of Short Term Rental Licenses •Title 7: Development Code, specifically, §7.08.010 General Definitions, §7.20.090 Overlay Districts, §7.24.050 Use Specific Regulations, and, •Includes modifications to the TOWN CORE MAP (“TCM”), which is utilized within Title 7. This document will show STRIKEOUTS, indicating language being removed or changed and with proposed language being introduced into the Code as shown in RED. EXHIBIT A AMENDMENTS TO SECTIONS 3.12.020; 5.04.050; AND 5.04.110 OF THE AVON MUNICIPAL CODE PROPOSED PROCESS: GENERAL TEXT AND TOWN CORE MAP AMENDMENT TITLE 5 BUSINESS TAXES, LICENSES and REGULATIONS 5.04.050(g) – Limitations of Short Term Rental Licenses (g) Limitations of Short Term Licenses. The total number of STR licenses permitted for a multi-family subdivision property in the Short Term Rental Overlay zone district and outside the Town Core shall be 15% of the total number of residential units for such property, with the following exceptions and modifications: (1) Multi-Family subdivision property shall mean a multi-family residential development associated with a site-specific subdivision plat approval for such property which typically has a distinct subdivision name for such property. (2) The number of allowed STR Licenses shall be rounded up to the nearest whole number and shall not be less than three (3) for any multi-family subdivision property. (3) There shall be no limit on Resident Occupied Short Term Rental licenses. (4) There shall be no limit on Part-Time Short Term Rental licenses which restricts the total number of Short Term Rental days in one calendar year to a maximum of 42 days. TITLE 7 – DEVELOPMENT CODE 7.08.010 – General Definitions. Town Core means the central commercial core area of Town, including the areas zoned Town Center (TC) and the adjacent parcels zoned Mixed-Use Commercial (MC), Neighborhood Commercial (NC), Shopping Center (SC) and PUD, but not including certain residential parcels which are zoned for only residential use as shown. See the Town Core Map 7.20.090 - Overlay districts. (a) Short Term Rental Overlay - STRO. (1) Intention. The Short Term Rental Overlay (STRO) zone district is intended to allow short term rentals of properties, including but not limited to accommodation, apartments, bed and breakfast, condominium, hotel, lodge, motel and residential properties for periods fewer than thirty (30) days subject to the provisions of this Chapter. The STRO zone district shall be an overlay zone district which shall apply to allow short term rentals of properties. Properties in the STRO zone district shall otherwise be subject to all requirements of the underlying zone district. (2) Allowed Use. The following uses shall be permitted in the STRO District: (i) The uses permitted in the underlying zone district or planned unit development (PUD). EXHIBIT A AMENDMENTS TO SECTIONS 7.08.010, 7.20.090, AND 7.24.050 OF THE AVON MUNICIPAL CODE A Page 2 of 4 (ii)Short term rental, except that short term rental use shall not be permitted for any residential unit which is deed restricted for affordable Community Hhousing, long term residential use, primary residential use or full time residential use. (3)Short Term Rental. For the purpose of this Chapter, short term rental shall mean the rental of property for a total continuous duration of less than thirty (30) days. (4)Development Standards. The developments standards within this overlay zone district are regulated by the underlying zone district. (5)Sales and Public Accommodations Tax License. Any property owner who leases or rents property in the STRO District shall obtain a sales tax license in accordance with Chapter 3.08 and a public accommodations tax license in accordance with Chapter 3.28. The failure to obtain a sales tax license or public accommodations tax license prior to using property for short term rental in the STRO shall be a violation and subject to penalties as described in Title 3. (b)Short Term Rental and Town Core: (1)Intention. Properties located outside and inside of the Town Core may be permitted to allow short term rentals in all zone districts outside of the Town Core and Planned Unit Developments (“PUDs”) for fewer than thirty (30) days subject to the provisions of this Chapter. Properties shall make an application to allow short term rental of properties, subject to all requirements of the underlying zone district. (i)STRs shall be issued in accordance with Avon Municipal Code Title 5. (2)Allowed Use. The following uses shall be permitted: (i)Short term rentals. (ii)Other Uses shall be permitted pursuant to the provisions in the underlying zone district. (iii)Short term rentals shall not be permitted within any residential unit which is deed restricted or reserved for: Community Housing, long term residential use, primary residential use or full-time residential use. (c)Planned Unit Development. All PUD zone districts shall comply to the dimensional and development standards as well as the review processes and criteria outlined in Section 7.16.060, Planned Unit Developments. EXHIBIT A AMENDMENTS TO SECTIONS 7.08.010, 7.20.090, AND 7.24.050 OF THE AVON MUNICIPAL CODE A Page 3 of 4 7.24.050 - Use-specific regulations. (a) Public Uses. Where permitted in a district, public uses (as identified in Table 7.24-1, Allowed Uses) must conform to siting and use provisions of the Avon Comprehensive Plan. (b) Arboretum or Botanical Garden. No sales are allowed except through gift shops that are approved accessory uses. (c) Home Occupations. A home occupation must comply with the following limitations and conditions: (1) The use must not produce noise, vibration, smoke, dust, odors, heat or glare noticeable outside the dwelling unit where such activity is taking place; (2) The use is limited to no more than five (5) customers or visitors, other than the occupants, per day; (3) If the use is a day care, the use is limited to no more children than allowed by the state license for a childcare home (a state license is also required to operate a childcare home); (4) The use does not have visible storage of equipment or parking of vehicles not normally associated with a residential use, including but not limited to trucks with a rating greater than three-quarters (¾) ton, earth-moving equipment or cement mixers; (5) The use does not alter the exterior of the property or affect the residential character of the neighborhood; (6) The use does not interfere with parking, access, other normal activities on adjacent properties or with other units in a multifamily development; (7) Employees are not permitted to work on the property; the use shall be carried on by the inhabitants of the property; (8) The use does not require alteration to the residence to satisfy applicable Town fire or building codes or county health regulations; (9) Exterior signs are not permitted; and (10) There may be only incidental sale of stocks, supplies or products. (d) Dwelling, timeshare, interval ownership or fractional fee ownership ("timeshare") must comply with the following limitations and conditions: (1) The marketing and sales practices for a timeshare development shall not include solicitation of prospective purchasers of timeshare units on any street, walking mall, courtyard or other public property or facility unless otherwise permitted by the Town. EXHIBIT A AMENDMENTS TO SECTIONS 7.08.010, 7.20.090, AND 7.24.050 OF THE AVON MUNICIPAL CODE A Page 4 of 4 (2) The parking requirement for a timeshare development shall be calculated by applying the parking standard for the underlying zone district for lodge uses. The parking requirement shall be calculated based on the maximum number of proposed lock-off units in the development, unless an appropriate level of guest transportation services, such as vans, car-share or shuttle vehicles, are offered as an alternative to having owners and guests using their own vehicles in the Town. (3) The owner of a timeshare shall be prohibited from storing a vehicle in a parking space on- site when the owner is not using the estate. ( Ord. 13-02 §4; Ord. 10-14 §3) (e) Short Term Rental must comply with the following limitations and conditions: (1) Premises shall conform to the applicable requirements of the Town’s building, technical and safety codes adopted by reference in the Avon Town Charter and Municipal Code. (2) Premises must comply with the Minimum STR Management Requirements set forth in the Avon Municipal Code Section 5.04.050, Short Term Rentals. ( Ord 22-09)) SEE PROPOSED TOWN CORE MAP EXHIBIT B PROPOSEDEXISTING EXHIBIT B PROPOSED TOWN CORE MAP 2022 EXHIBIT CPLANNING ANALYSIS: CODE TEXT AMENDMENT (970) 748-4023 jskinner@avon.org Page 1 of 4 PLANNING ANALYSIS CODE TEXT AMENDMENT CRITERIA: The review criteria for Code Text Amendments are governed by AMC §7.16.040, Code Text Amendments. The PZC and Town Council shall use the following review criteria as the basis for recommendations and decisions on applications to amend the text of the Development Code. Staff responses to each review criteria are provided. REVIEW CRITERIA: (1)The text amendment promotes the health, safety and general welfare of the Avoncommunity; Staff Response: Staff has documented an increase in the number of STR licenses for properties outside the Town Core, particularly for properties which have historically had a very low number of STR licenses. The preservation of residential housing stock for long-term residential use is an important aspect of meeting Community Housing demands and achieving a functional balance of housing uses to commercial and visitor uses. Maintaining existing residential housing stock for long-term residential use will promote a sustainable community and improves the general welfare of Avon. The text amendment also promotes the health, safety, and general welfare of the Avon community by limiting the number of typical STR licenses (STR-F) through a 15% cap on each property outside the updated Town Core while allowing an unlimited number of resident occupied STR licenses (STR-RO), as well as licenses that permit STR owners to short term rent their units for a maximum of 42-days or six (6) weeks in the year (STR-L) in this same area. Importantly, these modifications to the STR programs implement mandatory health and safety standards such as smoke detectors, informational signage, fire extinguishers, and other operational and maintenance controls. Ensuring protections with respect to finding balance in housing stock, life safety requirements, and in preserving the character of neighborhoods results in an improved general wellbeing of the community. (2)The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan; Staff Response: This amendment is consistent with the provisions of the Comprehensive Plan; moreover, directly reflects to the recommendations of the 2021 Avon Community Housing Plan. The amendments provide controls to increase the compatibility of STR uses for the community while also helping to provide options for STR licensing, targeting the intention to prolong full-time occupancy in units. STR license numbers are increasing in historically full-time residential housing areas outside the Town Core, and in 2021-2022, we see a commensurate reduction of residences available for long-term residential use. This trend will most likely continue without adding limitations like licensing caps and the introduction of new license types in general. As mentioned, the proposed changes to the STR program correlate to the 2021 Avon Community Housing Plan. In particular, within the “Tools & Strategies” section of this plan entitled, “Short Term Rentals” (pg. 9), which recommended priorities for revisions to the STRs that include the following: EXHIBIT CPLANNING ANALYSIS: CODE TEXT AMENDMENT (970) 748-4023 jskinner@avon.org Page 2 of 4 •Consideration of a second tier Short Term Rental Overlay that requires owner occupancy of the residence while allowing Short Term Rental of a portion of the residence to defray housing costs. (or in this case, we propose using Town Core provisions) •Consideration of minimum standards for operation and maintenance of Short Term Rental units. •Review of Short Term Rental regulations adopted by other mountain resortcommunities, including a cap on licenses The proposed amendment embraces these priorities effectively and directly implements the goals and policies of the Avon Comprehensive Plan and the 2021 Avon Community Housing Plan. (3)The text amendment promotes or implements the purposes stated in this Development Code; or Staff Response: Section 7.04.030(n) of the Avon Development Code (“AMC”) directs: •[By] achieving a diverse range of attainable housing which meets the housing needs created by jobs in the Town, it provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community, which is balanced with the visitor economy. To further this objective, these text amendments promote or implement the purposes also stated in the AMC with the establishment of new licensing minimums for STRS. This is supported by the provision recommending, “…minimum requirements for design and development within the Town. The development and design standards in this Chapter shall apply to the physical layout and design of all development, unless exempted by this Development Code”. Further, “These provisions address the physical relationship between development and adjacent properties, public streets, neighborhoods and the natural environment in order to implement the Comprehensive Plan vision [and Housing plan] for a more attractive, efficient and livable community”. In adding additional STR controls to the AMC, this is achieved. Limiting the conversion of residential property from long term residential use to short term residential use will contribute to the range of housing types and will promote a balance of rental housing needed for an increase in jobs associated with the visitor economy. These text amendments reflect the directives in the Avon Municipal Code as presented, and only enhance the Avon community with its implementation. (4)The text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions. Staff Response: The text amendments are in direct response to the recent and more rapid increase in STR licenses that convert residential properties available for long term residential use to short term residential use. EXHIBIT CPLANNING ANALYSIS: CODE TEXT AMENDMENT (970) 748-4023 jskinner@avon.org Page 3 of 4 More succinctly, the recent and rapid conversion increase is upwards of 74% outside of the Town Core within the last three (3) years. These text amendments will help to mitigate this change in social and economic conditions associated with an inadequate supply of housing and the local workforce for local employers by modifying this impressive impact through use of caps on licensing outside of Town Core and by not limiting STR licensing within the Town Core, where more lodging and commercial uses are characteristically, predictably, and historically, found. CONFORMANCE WITH SECTION 7.16.010(F)(1) REVIEW CRITERIA Section 7.16.010(f)(1) provides general review criteria that is applicable to all development applications. (1)Review Criteria. The reviewing authority shall be Director when the Director has the authority to administratively approve a development application. The reviewing authority shall be the PZC and/or Town Council for all development applications which are subject to public hearing. The reviewing authority shall review development applications for compliance with all relevant standards and criteria as set forth in the specific procedures for the particular application in this Development Code, as well as the following general criteria which shall apply to all development applications: (i)The development application is complete; (ii)The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria; (iii)The development application complies with the goals and policies of the Avon Comprehensive Plan; and (iv)The demand for public services or infrastructure exceeding current capacity is mitigated by the development application. Staff Response: This code text amendment application is complete. Staff believes sufficient information exists to allow both Council and PZC to review this application with the review criteria. Further, this code text amendment application complies with the Avon Comprehensive Plan and, specifically, the 2021 Avon Community Housing Plan. This code text amendment application will not impact demands for public services or infrastructure because it will not change residential use; instead, these regulations will importantly address short term residential use versus long-term residential use and in the preservation of this residential characteristic outside of Town Core. RECOMMENDATION: We recommend approval of this code text amendment application and the revision of the Town Core Map as presented. Staff believes that the current STR regulations do not establish appropriate use limits outside the Town Core needed to maintain existing residential housing stock for long term residential use. Specific language change for STR limits is recommended as follows: (970) 748-4023 jskinner@avon.org Page 4 of 4 EXHIBIT CPLANNING ANALYSIS: CODE TEXT AMENDMENT AMC 5.04.050 (g) Limitation of Short Term Rental Licenses. The total number of STR licenses permitted for a multi-family subdivision property in the Short Term Rental Overlay zone district and outside the Town Core shall be 15% of the total number of residential units for such property, with the following exceptions and modifications: (1)Multi-Family subdivision property shall mean a multi-family residential development associated with a site-specific subdivision plat approval for such property which typically has a distinct subdivision name for such property. (2)The number of allowed STR Licenses shall be rounded up to the nearest whole number and shall not be less than three (3) for any multi-family subdivision property. (3)There shall be no limit on Resident Occupied Short Term Rental licenses. (4)There shall be no limit on Part-Time Short Term Rental licenses which restricts the total number of Short Term Rental days in one calendar year to a maximum of 42 days. RECOMMENDED MOTION: “I move to Approve Case #CTA22002, an application for a Code Text Amendment affecting Short Term Rentals, based on the findings outlined in Staff’s report.” Baseline Findings: 1.The Application was reviewed in accordance with §7.16.010(F)(1) Review Criteria and §7.16.040, Code Text Amendments of the Avon Development Code, and is found to be in substantial compliance. 2.The text amendment promotes the health, safety and general welfare of the Avon community; 3.The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan and Housing Plan; 4.The text amendment promotes or implements the purposes stated in this Development Code; and 5.The text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions. Thank you, Jena PZC Record of Decision: #CTA22002 Page 1 of 2 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION DATE OF PUBLIC HEARING/DECISION: July 19, 2022 TYPE OF APPLICATION: Code Text Amendment FILE NUMBER: CTA22002 APPLICANT: Town of Avon This Record of Decision is made in accordance with the Avon Development Code §7.16.040, Code Text Amendment, and §7.16.010(F)(1) Review Criteria. FINDINGS: The Planning and Zoning Commission (“PZC”) adopts the following findings: 1.Planning and Zoning Commission held hearings on July 5 and July 19, 2022. The PZC considered both the Staff Reports dated July 1 and July 15, 2022, as well as all of the public comments and testimony provided at these hearings. 2.The text amendment promotes the health, safety, and general welfare of the Avon community by balancing the existing residential housing stock for long-term residential use with STR use to promote a sustainable community. This is achieved by limiting the number of typical STR licenses (STR-F) through a 15% cap on each property outside the updated Town Core while allowing an unlimited number of resident occupied STR licenses (STR-RO), as well as licenses that permit STR owners to short term rent their units for a maximum of 42-days or six (6) weeks in the year (STR-L) in this same area. This is also accomplished by implementing mandatory health and safety standards such as smoke detectors, informational signage, fire extinguishers, and other operational and maintenance controls; 3.The text amendment promotes and implements the goals and policies of the Avon Comprehensive Plan and is consistent with the provisions of this Plan. Moreover, the amendments directly reflect the recommendations of the 2021 Avon Community Housing Plan by implementing its goals, including the, “Consideration of a second tier Short Term Rental Overlay that requires owner occupancy of the residence while allowing Short Term Rental of a portion of the residence to defray housing costs”, (or in this case, we propose using Town Core provisions), and the implementation of, “…minimum standards for operation and maintenance of Short Term Rental units”. In doing so the result will also satisfy Section 7.04.030(n) of the Avon Development Code, which directs the achievement of, “…a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy”; 4.The text amendments also promote or further implement the purposes stated in the Development Code with the establishment of, “…minimum requirements for design and development within the Town. The development and design standards in this Chapter shall apply to the physical layout and design of all development, unless exempted by this Development Code”. Further, “These provisions address the physical relationship between development and adjacent properties, public streets, neighborhoods and the natural environment in order to implement the ATTACHMENT C PZC Record of Decision: #CTA22002 Page 2 of 2 Comprehensive Plan vision [and Housing plan] for a more attractive, efficient and livable community”; 5. The text amendment is necessary or desirable to respond to changed conditions, new planning concepts, or other social or economic conditions. Significantly, Staff has demonstrated that there is a recent and rapid increase in STR licenses that convert residential properties from long- term residential use to short term residential use by 74% in residential properties outside of the Town Core within the last three (3) years. These text amendments will help to mitigate the change in social and economic conditions associated with an inadequate supply of housing and the local workforce for local employers by mitigating this impressive impact through use of caps on licensing outside of Town Core and by not limiting STR licensing within the Town Core where more lodging and commercial uses are found; 6. The development application is complete; 7. The development application provides ample information to allow the PZC to determine that the development application complies with the relevant review criteria. This information was presented to the PZC by Staff, and additionally through information provided to the PZC in the presented packet of materials for this application; and 8. The Public hearings conducted on July 5th and July 19th, 2022, have satisfied all meeting noticing requirements. DECISION: Recommendation for Approval of the application. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY: To Be Signed 8/2/22 DATE: ___________________ Chairperson 1 Max Morgan From:Mari Garland <mari@4garlands.com> Sent:Thursday, July 14, 2022 10:28 AM To:Short Term Rentals Subject:Avon Short Term Rental License and Zoning Categories:Red Category Tom and Mari Garland   TMG Real Estate Avon, LLC   2152 McKinley Ct.   Grand Junction, CO 81505   July 14, 2022   Avon Town Council   c/o Short Term Rentals   P.O. Box 975   Avon, CO 81620   RE: Public Comment on Short Term Rental Licensing and Zoning   Dear Town of Avon Representatives and Council Members,   My husband and I own a condominium in the Liftview Complex at 998 West Beaver Creek Boulevard, Unit C305 (STR  #011380).  We purchased the unit in July 2020 with the intent of using it as a family vacation getaway, a place to spend  the night when Tom is timing ski races for the Beaver Creek Race Department (Winter 2022 was Tom’s eighth season  working for Vail Resorts, Inc. as a part‐time, seasonal employee) and as a vacation rental to defray the cost of HOA fees,  property taxes, utilities, repairs, and other costs of ownership.  Within the first year we upgraded the interior of the unit  from an outdated and worn 1970s layout, including appliances and fixtures to a totally refurbished, modern open  concept design.  We invested over $35,000 in the fully‐permitted remodel generating permit fees, local jobs, buying  materials and supplies in local stores (thus generating local sales tax revenue) and increased its appraised value (thus  increasing Avon property tax revenue from this unit for years to come).  Since we did some of the work ourselves, we  also ate at restaurants, bought groceries and refilled our gas tank in Avon throughout the 3‐month remodel process.  We  continue to contribute to the local economy every time we visit our condo.   We strongly oppose new rules which restrict our ability to responsibly rent our condo when we are not using it.  Our unit  is professionally managed by Skyrun Vacation Rentals in Beaver Creek so that guests have a local contact who can  respond immediately should they need anything, to assure that the unit is cleaned to CDC standards between each guest  and impeccably maintained from year to year.   Short term rentals like ours attract visitors to Avon who spend their  vacation dollars here.  The Liftview location is beneficial to visitors because it is a short walk to the Bear lot to catch the  Beaver Creek shuttle, right on the bus route, across the river from a liquor store and restaurants, an easy stroll to  Nottingham Lake and adjacent to the riverfront bike trail.     Under the current proposed Ordinance 22‐09, our STR license would be “grandfathered in” even if limits are placed on  the number of STR licenses granted within the STR overlay zone, but a new license might not be available to our children  in the case of an inheritance or future owners if we sell the property.  We understand an STR license would not  automatically transfer when a change of ownership occurs.  However, if the proposed limits on the number of STR  Attachment D: New Public Comment to Council 2 licenses are implemented, it would be critical to ensure “the right to obtain an STR license” for a limited time (say 120  days) under a change of ownership – otherwise the license cap rules could significantly impact property values.  If a new  owner cannot continue the prior use, the value of a property’s rental history and revenue earning potential would be  eliminated.  As with liquor licenses that are often limited in a given area, the STR license becomes a critical asset and a  new property owner will pay much less for a property which can no longer be both a vacation getaway and an income  earning property.        Is it the Town’s intent to create a waiting list for STR licenses once an established cap on the number of licenses granted  is attained?  How would a new property owner be prioritized versus other applicants?  Once an established cap is  reached, how would property owners who want to obtain an STR license be notified that one is available?  Creating a  limit on the number of STRs in the overlay zone creates a need to manage the pool of available licenses in a fair and  transparent manner.      We support a modest increase in the short‐term rental license fee, though we want to remind the Council that short  term rentals also contribute lodging and local sales tax revenues to the town’s budget that should also be considered  when evaluating the cost of administering short term rentals by the town.  The proposed increase from $75 to  $400/year for a 2‐bedroom unit is excessive.   We may qualify for a managed property license at $300 ($250 + 2  bedrooms @ $25) since Skyrun manages multiple properties in the town of Avon, but that still represents at 400%  increase in the license fee.        We appreciate the Town Council’s efforts to balance the desires of full‐time residents of Avon with visitors and vacation  home owners like ourselves.   Thank you for soliciting comments and listening.  We understand the need for affordable  housing throughout the state of Colorado – it is not a unique problem for Avon.  The perceived “quick fix” of severely  limiting the number of residential units that can also be used as short‐term rentals outside the expanded town core will  have minimal impact on the number of units available for long term rental.  To address the housing needs of the town as  it has    grown it will be necessary to promote the development of new affordable housing complexes.        Sincerely,   Mari L. Garland   TMG Real Estate Avon, LLC     Attachment D: New Public Comment to Council 1 Max Morgan From:Maricela Luevanos <mlue1980@icloud.com> Sent:Wednesday, July 06, 2022 6:27 PM To:Short Term Rentals Subject:STRs Categories:Orange Category, Purple Category Hi,  I’m an owner of a property that will be affected by some of the proposed new potential requirements. This is our 2nd  year doing this and so many families came by to visit  because it was more affordable than a Hotel room. So we pay  taxes, Real Estate Taxes, employees to maintain our property and now your considering adding more charges???  If this goes through, I will just rent long term to tech people who works from home that can afford a $4000 rent  payment. And my cleaning crew will have less work and the town less revenue because you will have less families  visiting due to the high cost.   Now, my husband and I live in Gypsum  and used all of our savings to buy this place and be able to make a living  ourselves. But the income   we will be making is now up in the air..  Hope the Town understands that not all owners are reach. Some of us are trying to contribute to our community  economy by investing  locally.  Maricela Luevanos  970‐331‐6877  Sent from my iPhone  Attachment D: New Public Comment to Council STR Public Comments to Council submitted prior to May 24, 2022 Council Meeting Attachment E - STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Español with JJ <jmartin5gonzaga@gmail.com> Sent:Tuesday, June 07, 2022 9:40 AM To:Short Term Rentals Subject:Short Term Rental Licensing and Zoning Hello,   My name is John Martin and I have been teaching as a public school teacher for ECSD for 7 years and own a condo in  Liftview.  I would like to comment on the Short term rental licensing and zoning proposal.   It is obvious that there is no housing for individuals who want to rent for the purpose of residing in Avon.  There are 4  hotels at least in Avon, multiple in beaver creek, and plenty of space for people that want to come and ski during the  winter if they wish to pay the high prices (as do all of our residents).  During the summer there is plenty of hotel  space.  Since VAIL resorts lowered the price of the EPIC pass the mountain resorts are also packed.  They do not need  more skiers on the mountain.   It seems clear that we need to either eliminate short term rentals or put up heavy financial  limitations.  Encouraging people to buy real estate at high prices to provide short term rentals drives up our prices of  construction, retail and restaurant labor, and every aspect of purchasing day‐to‐day goods in our valley.  Short term  rentals only benefit real estate investors and the other large commercial chains in our valley (christys, westins resorts,  hyatt, VRBO, Airbnb, vail owned entities, etc).  Very little of the money spent by short term renters goes to private  business owners which drive our valley.    Please consider getting rid of these short term rental allotments.  We do not need to provide cheap housing to visitors  when we don't have enough labor to service those visiting.   Thank you for listening to my input.   John Martin  Attachment E - STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Holly Bilderback <hoyallyn1959@gmail.com> Sent:Tuesday, June 07, 2022 8:18 PM To:Short Term Rentals Subject:Public Hearing of Potential Changes to Short Term Rental Licensing and Zoning As owners of a property at The Seasons at Avon who spend time at our property as well as earn a portion of our income  through short term rentals, we are in favor of ensuring that short‐term rentals are appropriately monitored by the city  of Avon, and recognize this comes at a cost. We are in support of a reasonable increase in the licensing fee as well as  establishment of reasonable, uniform best practices for short term rentals.  Regarding potential zoning changes, we sincerely hope you will ensure that property owners who bought their  properties with the expectation that short‐term rentals were a means of income to support the funding of those  properties will be exempt from all limitations on the number and location of short term rentals.   We believe that limiting short‐term rentals should not be the main component of solving the housing shortage in order  to protect those who already own property in the City of Avon and already use it for short‐term rental income.Exercising  caution to ensure that housing values are not significantly reduced due to restrictions in short‐term renting  opportunities will be an important consideration as you examine zoning changes, weighed against the need for housing  for residents of Avon.    Additionally, consideration of the potential negative impacts on Avon's economy due to limitations on short‐term  rentals should not be ignored.  Holly and Mark Bilderback  Attachment E - STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:hix@rmi.net Sent:Wednesday, June 08, 2022 9:20 AM To:Short Term Rentals Subject:Short Term Rentals We own a condo in Avon at Canyon Run Condominiums, 120 E. Hurd Lane. This is a second home as we live in Houston.  We recently received a public hearing notice regarding the June 14 hearing about short term rentals. This notice invited  us to make comments These are our comments:  We have never rented our unit, even though we are in Avon only 6‐8 weeks a year – we purchased it for our own  enjoyment.   I served on the Board of the Canyon Run Condo. Association for over 20 years, most of those as President. A  disproportionate share of the problems we had to deal with were caused by short term renters. If I could have changed  our by‐laws to totally ban short‐term rentals I would have.   So, in regard to any changes the Town of Avon wants to make to increase fees, tighten regulations, etc., we say go for it.  In fact, if you want to totally ban short term rentals, we are all for that too.  Tom & Jeanette Hix  120 E. Hurd Lane, Unit A‐203    P.S. Say hi to Tamra for us!  Attachment E - STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Vance Preman <kcbikelaw@gmail.com> Sent:Wednesday, June 08, 2022 9:27 AM To:Short Term Rentals Subject:Short term rental. Comments for public hearing Dear Mayor and Council Members.   I have been coming to Colorado and Vail Valley since the late seventies. Housing has been a can that has been kicked  down the road for decades and mostly ignored by Vail Resorts and other large employers. I worked my entire adult life  and finally was able to purchase a condo in EagleVail and then upgrade to Brookside  Park. I chose Avon for its livability. I  eventually plan to retire there. I don’t think that homeowners should bear the responsibility of solving the housing crisis.  STR have become a tool to help defray the costs of property ownership. To me it might be more trouble than it’s  worth.  I don’t however  like the idea of being told how I should use my property. I think a licensing fee is quite  reasonable. I think some safety considerations are appropriate. Beyond that, more restrictions seem like government  overreach. People have to get there heads around the fact that employers need to step up and build dorms or other  facilities. People also need to recognize that in many high dollar places(Manhattan; Miami Beach), the people that work  there don’t necessarily live there. Thank you for your time and consideration. Vance Preman   ‐‐   Vance C. Preman, PC  Attorney at Law  Super Lawyer since 2016  KC Bike Law (kcbikelaw.com) 11805 W. 179th St.  Bucyrus KS 66013  (c) 816.678.9599 (f) 913.583.5116 kcbikelaw@gmail.com Attachment E - STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Michael Shantz <michaeldshantz@gmail.com> Sent:Wednesday, June 08, 2022 10:56 AM To:Short Term Rentals; Chelsea Shantz Subject:6/14 STR Public Hearing Input To Avon Town Council,  Our names are Chelsea and Mike Shantz.  We live in Denver and purchased a 2nd home in Avon in September 2019.  As  we evaluated where to purchase a home in 2018/2019, we selected Avon because we loved the town, it has easy access  to Beaver Creek, and there was an area within town where STRs were permitted.  We come to Avon as often as we can but also use our home as an STR to help pay our mortgage.  We had saved enough  money for a down payment but cannot afford the mortgages for our home in Denver and our Avon home without STR  revenue.  We specifically purchased our home within the STR boundaries to ensure we would be following town  rules/ordinances and wouldn’t have to worry about self‐funding the entire mortgage.  3 years later, the Town seems to want to change the rules.   I continue to get notices that you may change the fee  structures and the boundaries of STR to help with a housing shortage.  I am encouraged that you have publicly stated  that the council “respects property rights” and “Without question, the Town supports STRs and recognizes that STRs are an essential part of the Avon experience”. Any changes to STR rules/regulations need to reflect these statements.  We are supportive of finding solutions to the housing crisis in Avon. However, current STR property owners should not be viewed as pariahs or treated unfairly by the council. We have done nothing wrong: we purchased a home that we love, pay our taxes, support local businesses, and do everything we can to ensure our guests have a great experience in Avon.  I believe that any changes to STR rules/fees should follow the 3 guidelines outlined below:  -Current property owners are “grandfathered” in under current rules. Any new boundaries/regulations should be applied to purchasers after a future date (ie 1/1/2023) -Current STR owners should be allowed to generate revenue to cover 100% of mortgage, HOA fees, insurance, and operating costs -Changes in STR fees should not be a money grab where STR property owners pay for a disproportionate percentage of projects proposed by the town council. If the Town needs funds for housing projects, they should come equitably from all revenue streams (property taxes for everyone, local sales tax, and STR fees) Thank you for your consideration. We do not want to be forced out of our home.  Attachment E - STR Public Comment to Council for previous Council Meetings 2 Sincerely,  Michael and Chelsea Shantz  Attachment E - STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Abraham M. DeLara <abdelarajr@hotmail.com> Sent:Wednesday, June 08, 2022 5:25 PM To:Short Term Rentals Subject:AVON SHORT TERM RRENTALS - LICENSE #014324 - BENCH MARK A17 To who it may concern,  I would like to write some comments about the short term potential changes at the town of Avon.  My wife and I finally achieved this life time goal to have short term (ST) rental business, we know and can see how the  Avon area has a needed market for ST rentals, even with the large hotels in the area. We do live and own in Edwards as  well (Brett Ranch). We also have long term rental property in Gypsum (Mountain Gateway). We are truly locals,  conducting business in Eagle County. Although we are not a big hotel, our small ST rental business does promote local  economy as our tenants stay in Avon, eat in Avon and spend their money locally. As you well know, we pay a good  amount of taxes as well. We live here, we spend our money here in the Vail Valley.  Please, please continue to allow us to run our small short term rental in Avon. We feel that as locals, we deserve to do  our business in Avon as we are now.  Thank you for your consideration.  Abraham M. De Lara Jr.  C – 970‐389‐1046  EMAIL – ABDELARAJR@HOTMAIL.COM  Attachment E - STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Billy Harllee <harllee@gmail.com> Sent:Wednesday, June 08, 2022 7:02 PM To:Short Term Rentals Subject:Re: STR zoning changes Hi Max – I typed up a small novel on my flight with my thoughts on the impact of rezoning our condo in Sunridge  to prohibit STR.  I’ll look forward to watching the town council meeting video in the days to come.  I’d like to  remain anonymous if this email is chosen to be shared tomorrow, by the way.  Thanks,  Billy  We are quite concerned about the potential for losing our rights to conduct short‐term rentals in our condo in  the Sunridge community which we understand falls in the proposed rezoned district that would prohibit  STR’s.  Last year we accomplished a dream of ours which was to purchase a mountain home for personal use  and as an investment.  We love spending time in Avon as well as providing a great place for visitors to do the  same.    We understand that there are challenges that the local workforce face in finding affordable housing.  However,  we don’t think eliminating STR is the answer.  Here are some reasons why:  1.We, like many other STR owners, employ local workers for our housekeeping and maintenance.  This provides a big income boost.  Banning STR in our district would be a big blow to this local workforce 2.Our guests spend money in Avon whether it be skiing, dining out, grocery shopping etc.  This generates sales tax revenue for the town that would be greatly reduced if our unit were simply owner‐occupied or was rented on a long‐term basis.  Money that could be spent on affordable housing initiatives. 3.Our guests also spend money in the form of the various taxes imposed on their bookings including the recent 2% STR‐specific tax which we understand is intended to help with the affordable housing challenges. 4.We (like many others) would likely not be able to comfortably afford ownership without occasional STR of our property.  We would likely have to sell.  So then the question is, what would owners start doing that could help with affordable housing for the local workforce? (I don’t have data on this but I’m assuming that the majority of the local workforce cannot afford to purchase most property in Avon.  I’ve heard condos in Sunridge and Liftview similar to our 2/2 in Sunridge are going for over $600k now): STR Prohibition Scenarios:  a.Owner lives full‐time in Avon: no benefit to local workforce (again assuming average local worker would not be able to afford to buy).  This would also eliminate significant income that local workers earn cleaning and maintaining STR’s. b.Owner lives part‐time: Same as 4a.  Also less sales tax dollars from the unit being occupied less (i.e. no one around to spend money in Avon) c.Owner lives full time and rents a room (highly unlikely that anyone would do this, at least in a condo like our small 2/2 in Sunridge).  No income opportunity for STR cleaning and maintenance d.Long‐term rent (the rental rate required for an owner to charge to simply break even after mortgage + expenses would likely exceed affordability for most local workers).  No income opportunity for STR cleaning and maintenance Attachment A - STR Public Comment Attachment E - STR Public Comment to Council for previous Council Meetings 2 We would be devastated if we lost our STR rights and had to sell.  Our goal is to only break even on our expenses and be  able to occasionally use the property.  We feel like STR operations like ours benefit the local workforce from the cleaning  and maintenance services they provide.  We also feel like the Town of Avon benefits financially from the tax revenue  that STR bookings and guest patronage of local businesses create which can be used for local workforce housing‐related  initiatives.  While we don’t have the answer for the housing problems, we feel like eliminating our STR rights would be  much more detrimental than beneficial.  On Wed, Jun 8, 2022 at 5:38 PM Billy Harllee <harllee@gmail.com> wrote:  Thanks for the information.  So when you say "once that license expires", you mean if we didn't pay the annual license  fee and the license expired that unit would not be eligible for str going forward. However if the license were  maintained/renewed each year, the str rights would continue.  Is that correct?  I'll see if I can write up some thoughts on why we would be against the rezoning. Pushing back for a flight right now.  On Wed, Jun 8, 2022, 5:29 PM Short Term Rentals <str@avon.org> wrote:  Attachment E - STR Public Comment to Council for previous Council Meetings 3 From: Billy Harllee <harllee@gmail.com>   Sent: Monday, June 06, 2022 2:16 PM  To: Short Term Rentals <str@avon.org>  Subject: STR zoning changes  Hi there ‐ I received the recent email and mailer about the potential STR changes.  I had one question about the  zoning.  Will existing, licensed short‐term renters be grandfathered in if the zoning happens to impact their area?  I  heard someone ask that on a recent town council video I watched and it sounded as if the answer is yes.  Just wanted  to confirm as our condo appears to be in the proposed zone that would not permit traditional STR.  Thanks,  Billy  Attachment E - STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Kimberly Appel <kappel@klearmedinnovations.com> Sent:Wednesday, June 08, 2022 8:23 PM To:Short Term Rentals Subject:Proposed STR changes Good Evening,   Thanks to the Town Council for soliciting feedback from property owners.   We certainly understand the potential need to increase the fee for short term rentals to cover the costs of software,  personal, etc. as relates to issuing and enforcing short term rentals at the City of Avon.  However, having an increase of  several hundred dollars, or even $1K+ greater expense, is absolutely excessive.    We agree with having certain safety measures in place so that short term rentals are managed and handled  appropriately.  Our HOA, for example, has a list of rules for units that are rented requiring local management with the  ability to immediately deal with potential safety, mechanical, etc. issues when they arise.   However, we are opposed to limits on STRs and the freedom to rent one’s home if the rules are being followed.  And as  stated previously, a significant increase in fees would be excessive.    We too, would encourage the Town Council to look to other methods by which more affordable long term rentals can be  generated.  The short term, and long term rental markets are vastly different in the Town of Avon.  We enjoy our home  in Avon immensely, and all that life in the Valley provides.  However, we do offer some short term rentals when not in  town, which helps us to afford the (increasing and expensive) HOA fees, mortgage, and taxes.  We will NOT be offering  our home for long term rental, as that is not feasible given the time we spend there.    Income to local business will suffer if we, and others, ceased to offer short term rental as an option to visitors.  The  proposed changes by the Town Council will have an overall negative impact on tourism in Avon and at the ski resorts,  and the money spent by tourists in Avon will plummet.  This will negatively impact local business, and likely, will  DECREASE the need for long term housing options because local workers will be forced to move elsewhere to find jobs.   As well, the quality and number of establishments, services, etc. in Avon for the permanent residents will be negatively  impacted as business owners will be forced to close with less income generated by tourism.    The Nation is having a problematic real estate boom; Not just Avon, CO.  While we admire the attempts by the Town  Council to discuss potential plans to help the Community, the proposed methods are short sighted and “copycat”  renditions of what other Communities have tried to put in place, without significant improvement / results to date.    Thank you again for consideration of our thoughts.   Kim Appel & Dan Kehoe  288 West Beaver Creek Blvd, H‐1  Avon, CO  Attachment E - STR Public Comment to Council for previous Council Meetings STR Public Comments to Council for to June 14, 2022 Council Meeting Attachment E - STR Public Comment to Council for previous Council Meetings Dear Avon Town Council Members, It was brought to my attention that Short Term Rentals are on the agenda for this evening, so I’d like to express my concern. It seems, especially over the past couple of years, that short term rentals have taken up more space than long term rentals, thus pushing the local workforce out of the market. With this decrease in available housing to full-time residents, the market has sky-rocketed, making housing nearly unaffordable and so highly coveted that renters are paying prices that are not only astronomical, but taking up more than half of their regular income. One of the “most common rules of thumb” is that you should not spend more than 30% of your monthly income on housing so as to be able to afford things like food, healthcare, etc. In our current, inflated economy, the Eagle County housing market, Avon in particular, is making this impossible. I’ve had many conversations with community members who all feel very similar sentiments, there needs to be a cap on Short Term Rentals, and should have been one in place a long time ago. Not only that, but those apartments that are already short term, need to be taxed as commercial units, rather than residential properties. If someone’s apartment has a revolving door of visitors occupying their space, then it is no longer a residential unit and has become a commercial outlet for their income. I’ve first moved to this valley more than 15 years ago – I’ve worked in retail, customer service, food and beverage, as well as healthcare. I was never ready to buy a home when I was younger, and now that I’m a mid-30’s professional, I can’t even dream of buying one. I am fortunate that I was able to find a place to live that’s semi-affordable for a single person, but I found it through word-of-mouth, because I’ve been here long enough to know people. There are many who are less-fortunate than I am who are wanting to move here and “live the dream” of being in the mountains. While we all understand that it’s not always an easy life, finding housing should not be as much of a nightmare as it currently stands. As someone who has been placing my roots here since I was only 18 years old, I would love to keep them in the ground. I know there are many, many more residents like myself, who call this place home, but don’t actually have a home to call their own. I am asking, very briefly (because I’m at work and I don’t have a lot of time to spend on this), PLEASE do something to help your locals. Our community is so special and so VERY incredible. We’re here to serve the tourists, yes, but we’re also here because we love where we live and we’ll do just about anything to stay here (including paying FAR MORE than we should for rent). With Kindness, Sara Striegl Attachment E - STR Public Comment to Council for previous Council Meetings 1 From: Amy Reid <areid@vbr.net>  Date: April 22, 2022 at 9:58:24 AM MDT  To: Council Everyone Group <council@avon.org>  Subject: Vail Board of REALTORS Letter  April 22, 2022  Avon Town Council  100 Mikaela Way  Avon, CO 81620  VIA EMAIL: council@avon.org   Dear Council Members:  The Vail Board of REALTORS absolutely agrees and supports the efforts, to help identify potential  solutions to our housing challenges. However, we are eager to find solutions that do not infringe upon  or change the private property rights of our community’s current or future homeowners.   To be clear, the current discussion around regulations, moratoriums, fines and limiting registrations  for short‐term rentals in our market as a solution is nothing more than an infringement on private  property rights. The proposed solutions are highly speculative and unproven in other communities  around the country. If implemented, the most likely result is simply more strain on the local housing  market. Simply put, short‐term rentals are not the cause of our problems.   We believe further discussion around this issue is necessary for our business and community leaders  along with elected officials to find creative solutions to increase the supply of diverse housing for our  growing market. We do not have a short‐term rental problem; we have a housing supply problem.  A healthier housing market is only going to be developed by creating and implementing innovative  solutions that increase the supply of diverse housing products. We have a great example of a creative  solution in the Miller Ranch Development.     Our problem has been and remains the lack of a diverse range of housing supply. While the supply  shortage is overwhelming in its scale and overall impact on our community, we know that it will not  correct itself in traditional real estate cycles and, the longer we sit back and do nothing, the deeper the  damage to our economy.  There are a wide range of additional solutions to our affordability/accessibility needs that must be  explored and collectively, can help us achieve positive, long‐term results and maintain the integrity of  the entire community. Those solutions may include but are not limited to appropriate and targeted  homeowner incentives, re‐evaluating fees and licensing structures, and the easing of trade, labor,  finance and land‐use issues.    Attachment E - STR Public Comment to Council for previous Council Meetings 2 Vail REALTORS® and those we represent are eager to be a part of the conversations and solutions to our  housing challenges as we work collaboratively to find the answers to our community’s housing makeup.  It is critical we change the outlook from financial and social instability to economic growth built upon a  solid foundation in the decades ahead.  Sincerely,  Vail Board of REALTORS    Amy Reid Association Executive  Vail Board of REALTORS® Vail Multi-List Service, Inc. Vail Board of REALTORS® Foundation email: areid@vbr.net Direct: 970-766-1029 Office: 970-766-1028 0275 Main Street G004 Edwards CO, 81632  www.vbr.net Attachment E - STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Erin Green <erin.green1776@gmail.com> Sent:Monday, May 09, 2022 5:00 PM To:Short Term Rentals Subject:Short term rentals TOA:  We are in favor of allowing short term rentals in Avon. We understand the housing shortage in the Valley. It would seem  that most short term rentals would not be available for long term‐ most people I know who rent short term simply fill in  some gaps when they are not in their property. We also own some properties we rent to long term tenants and families  at under market rates, persons that work in the area. We continue to improve these properties. Allowing short term  rentals does give guests an option of a range of properties.   Thank you for listening.   ‐‐   Erin Green   erin.green1776@gmail.com  Attachment E - STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Al Bonneau <albonneau@comcast.net> Sent:Tuesday, May 10, 2022 3:33 PM To:Short Term Rentals Subject:Reply to Proposed STR changes Dear Sir or Madam,  OK, enough is enough.  Please see the following points AGAINST changing the STR rules in Avon:  *The Town already raised the rental tax in Avon 2% last year. The Town of Avon has the HIGHEST TAXES IN EAGLE COUNTY! More than Vail, BC...anywhere. *If there are even more onerous restrictions to renting as an STR, we will cease doing so and Avon will receive even LESS revenue from lodging taxes AND other taxes due to reduced headcount and, therefore, spend in other community locations. All this will accomplish is limit the number of tourists in Avon and cause local businesses to suffer. *If these additional fees ($1,000 for a license??!!) go through, our unit will NOT resort to long term rental. If the Town thinks this is a solution to the lack of seasonal accommodations, you are WRONG! *Our condo is occupied by family members frequently throughout the year. We rent as STRs only occasionally to help pay for the already high taxes and fees in Avon. If we cease doing STRs, our property will simply become unoccupied while we are not in residence. *Other towns are attempting to restrict STR licenses (Telluride) and are finding that this is not the answer to the housing issue. This effort will end up backfiring if these proposed rule changes go through.  We have been following all of the rules to date and cooperative with the Town. Avon is receiving revenue that is already  excessive.  Second homeowners / STRs are not the problem. Stop digging into OUR pockets and figure out a public / private  partnership with the ski areas, the State and the County. I'd like to know what other solutions the Town Council has  discussed instead of always resorting to the "easy"   was: just keep raising taxes and fees.  Keep your hand out of our pockets and stop trying to restrict the use of OUR properties!  Kind Regards,  Al & Pam Bonneau  100 West Beaver Creek Blvd. #805  Avon, CO  Attachment E - STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Monica Kryzer <mkryzer@hotmail.com> Sent:Tuesday, May 10, 2022 11:54 AM To:Short Term Rentals Subject:Comments regarding increases to fees for short term rentals in Avon We have been watching the discussion on this topic and want to provide input to the council.  We have a three bedroom  unit in Avon that is owned by two couples (brothers and their spouses).  We originally purchased the unit for friends and  family use without intending to rent.  One couple moved to the area two years ago, and with covid afoot decided to use  STR as a mechanism to bring in some extra cash. Since one couple was local, it could be easily managed if any problems  occurred.  One of us is on the HOA Board for our development and the Board members spend a considerable amount of  time ensuring safe sprinkler systems, snow removal, pest management, cleanliness, noise management, etc are in place  for the building.  The owners are now in our second year of licensing.  We use online booking services which request  safe cleaning practices.  If a unit doesn’t provide safe and clean environments, reviews by users will quickly reduce  popularity of the units.  We understood the added 2% in occupancy fees this year was to fund local worker or affordable  housing, which makes sense.  There is a shortage of affordable housing and we support the idea of creating more  affordable homes.  However, a huge increase in the cost of a license, such as being proposed by the town seems  ridiculous, especially in light of the potential number of rentals in the town and the fact that you would need to HIRE  people to monitor the regulations being proposed.  How does this help create affordable housing?   In all likelihood, a huge license increase and additional inspections or rules to follow would cause us to remove our unit  from the STR market, which means the town of Avon will lose license fees, sales tax, and occupancy taxes.    On the other hand, buildings in Avon that have a front desk and multiple units for rent should be charged by unit, so that  those owners pay their fair share of fees and taxes.  It’s unforgivable that this was overlooked in the past.    What the real intention of the proposals isn’t clear to us at this point.  Is the town trying to bring in money to hire  personnel (which are in short supply in the valley btw) or to create more affordable housing?  Or to reduce visitors to  the town?   It seems that the council needs to get a clear idea of expected outcome before voting on options.    Monica Kryzer  Gypsum, CO  Sent from my iPad  Attachment E - STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Kate Mead <katrinamead@comcast.net> Sent:Tuesday, May 10, 2022 7:34 PM To:Short Term Rentals Cc:Warren Mead Subject:Comments opposing proposed changes to Short Term Rentals To Whom It May Concern  We are writing to express our STRONG opposition to proposed changes to short term rentals in the town of Avon.     We are second home owners in Avon and have been significant contributors to the tax revenues of the town over the  years by making our home available for visitors to Avon while we are not personally using our home.      While we understand there are issues with a shortage of housing, restricting short term rentals isn’t the solution.  Our  house is occupied by us or family and friends frequently throughout the year. Therefore, long term rentals are not an  option for us.  Working with the ski resorts, the county and the state to find long term sustainable solutions to this  problem should be where the town council focuses its efforts, not on further restricting short term rentals.     Restricting our ability to rent our house when we’re not there would not only NOT help with the housing supply issue, as  it would never be made available as a long term rental, but would have a significant negative impact on tax revenues  received by the town, while simultaneously negatively impacting the quality of family‐friendly accommodations for  visitors to Avon, who also bring money to the town and to local businesses. It’s difficult to imagine that there wouldn’t  also be a deleterious effect on Avon neighborhoods from having vacant homes, like ours would be, for possibly large  portions of the year.     We strongly oppose changes to these rules. If they do go into effect, I think the town will find that it’s cut off it’s nose to  spite it’s face. Not only will the issue of housing availability not be improved by these measures, the town and local  businesses will be hurt by a significant decline in revenues generated by properties like ours ‐ which are subject to the  highest tax rates in Eagle county.     Sincerely,  Kate & Warren Mead    Attachment E - STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Doug Petersen <douglas_petersen@hotmail.com> Sent:Tuesday, May 10, 2022 11:55 AM To:Short Term Rentals Subject:Re: UPCOMING POTENTIAL CHANGES TO STR AND LICENSING The proposed fee hike is substantial and cost prohibitive. Going from $75 to $1,250 for a 3‐bedroom is over 1500%  increase. It will not make Short Term Rental issue better and will only push owners to maximize the number of days they  rent.     This is an overreach of government. There are better alternatives, like offering incentives.       With the existing 10% tax, Avon is already seeing tax revenues up 25%+ for 2021. Eventually this will get too overbearing  with more and more oversight. It will drive people to other cities that are more favorable & desirable.     From: MUNIRevs ‐ Avon <support@munirevs.com>  Sent: Monday, May 9, 2022 4:03 PM  To: douglas_petersen@hotmail.com <douglas_petersen@hotmail.com>  Subject: UPCOMING POTENTIAL CHANGES TO STR AND LICENSING      To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.     Doug Petersen   10567 Skyreach Road   Highlands Ranch, CO 80126    May 9, 2022    Dear Licensee:     You are receiving this letter because you hold a Town of Avon business license relating to short‐term property rental.  The purpose of this message is to inform you that the Town of Avon is currently working through modifications to short  term rental process and procedures. Changes will likely include a new fee structure, based on unit type, and  requirements to satisfy minimum safety standards. We are also evaluating whether portions of Town may be better  suited for owner‐occupancy requirements, and/or a cap on total licenses.    Next Steps  The Avon Town Council is set to review potential changes at their May 24, 2022 meeting.     Comments  Your comments are valued and will be shared with the Town Council. Please direct written communication to  str@avon.org and they will be included in upcoming meeting packets.    Info  For more information on current and proposed regulations, as well as meeting packet information, feel free to visit  www.avon.org/str over the next several weeks for updates. For questions please contact Max Morgan, Planner 1+, at  Attachment E - STR Public Comment to Council for previous Council Meetings 2 970.748.4014.    Thank you    The Town of Avon  To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.   Attachment E - STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Luke Ramirez <lukeaaronramirez@gmail.com> Sent:Tuesday, May 10, 2022 9:25 AM To:Short Term Rentals Subject:STR in Avon Hello,    Thank you for your recent communication regarding STR in Avon and the upcoming meeting to discuss potential  changes.    I wanted to make sure to write in to express our concern for this issue. Our family recently acquired a beautiful condo in  Avon in hopes to be able to use it frequently throughout the year as a get‐away for our quickly growing family.    I was fortunate enough to use the condo for my bachelor party in March of 2022 and we had an amazing time  skiing Beaver Creek Mountain and made countless memories.    For our family, the need for STRs cannot be understated. Simply put, we will not be able to financially make the condo  work long term if it wasn't for the ability to STR the space during the times we are back at home. Not only would this be  beyond disappointing for our close family, but this would also hurt the business that is generated for our partners who  help make this dream vacation home viable. Our cleaning partner is a husband and wife team who have a small,  boutique crew of ladies underneath them that all benefit greatly from the cleaning fees they are able to recoup from  their services. That money effectively circulates directly back into the local economy. Not to mention the amount of  tourism dollars that also is generated from our guests who come to experience this lovely town.    Even though we are a boutique, family run operation, we would technically be classified as investors. We ensure our  dealings with our guests, the communication, and respect for the permanent locals of Avon is always at top of mind. The  clientele that the amazing real estate in Avon attracts is a classly, quality, low maintenance and respectful group that we  believe greatly benefits the community more than it hurts it.    We are grateful for the opportunity to express our thoughts on this matter and I hope the city takes these thoughts into  consideration.    Respectfully,  Luke Ramirez  Attachment E - STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Jeff O'Brien <JOBrien@eastwest.com> Sent:Wednesday, May 11, 2022 4:06 PM To:Short Term Rentals Cc:Jeff O'Brien Subject:Avon STR Rental Licensing - Fractional / Timeshare Properties Good afternoon,     As the town council forms a new policy around short term rental licenses, they should give special consideration to  fractional / timeshare properties. I oversee Falcon Point Resort at 175 Lake St. in Avon, 54 units with owners owning  individual weeks, over 2000 owners in total. Data points:      Due to the week by week ownership, the units cannot be used as long term rental housing.    About 10% of the owners place their weeks in the rental pool. Most owners own one week.   The additional rental inventory is owned by the association, approximately 230 weeks (a not for profit Colorado  LLC).   o Nearly all revenue from Association owned weeks is used to offset operating costs.    Owners can rent their weeks on their own or through any third party and not required to use the management  company on site.   The inventory released to rent goes into a pool, so unit assignments are not fixed.   The number of bedrooms available varies significantly, therefore very difficult if not impossible to calculate  average bedrooms available or charge licenses on a per‐bedroom basis.     Please be mindful of the non‐standard situation Avon’s fractional properties present. Thanks for the consideration.     My best,     Jeff    Jeff O’Brien Director of Operations   300 Prater Rd. PO Box 8280 | Avon, CO 81620  d: 970.790.3121 | m:801.360.3027  jobrien@eastwest.com        Attachment E - STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Shelley Slater <soslater2@gmail.com> Sent:Wednesday, May 11, 2022 9:21 AM To:Short Term Rentals Subject:Thoughts on STR Tuesday, May 10, 2022 Town of Avon, Short Term Rentals Comments from a community member  This letter is in response to solicited comments for the Town of Avon town council while the members ponder short term rental modifications. As an 18 year resident of Avon, I would like to share my situation so that you can keep in mind the importance for some of us who use rental income to partially fund living in the community. I live in the Avon Center or 100 W Beaver Creek Blvd. The condo I purchased back in 2004 is a 3 bedroom with 2 bedrooms configured like a hotel room - separate entrances bed and bath. Although some of my neighbors rent these small units out for long term, they are not really designed for that purpose. There are no cooking facilities. I feel fortunate that I was able to find and purchase a property that provides the ability for me to have a source of income that supplements other work that I do. I would not be able to live in the valley without it. Shortly after I moved to the valley, I was laid off from my good paying job. At the age of 50, I found it difficult to find work in the field where my competencies were. The jobs in the valley did not pay any where near the income that I needed to get by and my age seemed to be a factor. I did what I could to maintain some sort of lifestyle, but it has been a struggle. I started renting out 2 of my rooms to supplement living expenses over the last 18 years. Other work that I have done is real estate - both selling and a little property management, some consulting work for construction and telecommunications, and most recently, I have started an Appliance Repair Business after realizing a huge need in the valley for these services. However, starting a business requires a huge financial commitment and cash outlay and the income that I get from my short term rentals is a very vital source of income to keep me financially afloat. The costs for me to do this are increasing. I understand that there are some investors who are maybe, unfairly, profiting from the whole Airbnb short-term rental phenomena, but there are business license fees with the Town of Avon as well as the State of Colorado. Airbnb, the best place I have found to market my rentals, charges substantial fees and with the new 2% additional tax on non-hotel short-term rentals that was recently implemented, I am finding it harder and harder to compete. More fees and regulations will make it even more difficult. I am sure I am not the only one in this situation. I will be happy to discuss my thoughts and possible solutions with any member of the town council. Thanks for listening, Shelley Slater soslater2@gmail.com 720-299-7585         Slater Consulting, LLC  soslater2@gmail.com  720‐299‐7585    Attachment E - STR Public Comment to Council for previous Council Meetings From:Michael Valigore To:Short Term Rentals Subject:short-term rental feedback Date:Friday, May 13, 2022 1:59:37 PM Hello, We live in Sunridge. This condo is our primary and only residence. Throughout the year, we rent the extra bedroom in our condo on Airbnb to provide an extra source of income. We also rent out the whole unit when we are out of town or it makes financial sense to do so. We are happy to pay whatever taxes/fees levied by the town. But we think it is unfair that we, as year-round residents who own one property, pay the same tax/fee rates as someone who lives out of state and short-term rents their multiple investment properties. Thank you for your time, MK Homestay #007676 Attachment E - STR Public Comment to Council for previous Council Meetings From:Sara George To:Short Term Rentals Subject:Avon Short Term Rental Comments Date:Sunday, May 15, 2022 1:16:01 PM Thank you for your email regarding upcoming potential changes to short term rentals in Avon. We agree there needs to be minimum safety standards for any rental, long term or short term. We certainly hope that we are able to continue to offer our condo in Chapel Square for other families to enjoy during the ski season, by means of a short term rental. This brings in a large amount of revenue each season for the Avon and Beaver Creek area. It would be a great loss of revenue for the entire area. This decision needs to be made as soon as possible, since we already have several families that have reserved their stay, as well as bought epic passes. If we need to change our fee structure we need to know ASAP. If you should decide to raise it more than the 10% already being paid, it will become a place that most families/tourists cannot afford to rent any longer, thus a lost income for Avon/Beaver Creek. We try to offer our rental at a price families can still afford to enjoy experiencing the wonderful mountains. We hope the Town of Avon will continue to make the right decisions as it has become a beautiful town for tourists to visit during all seasons. However, if you choose to not allow short term rentals in Chapel area, we will NOT change to long term rental. We enjoy coming out to use the condo during the non busy season, which would not allow us to offer it as a long term rental. Robert George, Chapel Square Unit 230 owner 608-406-6302 Attachment E - STR Public Comment to Council for previous Council Meetings From:Morrison, Keith To:Short Term Rentals Subject:Proposed Short Term Rental Changes in Avon Date:Sunday, May 15, 2022 8:09:04 PM Attachments:image001.png To Whom It May Concern On behalf of my family, including my two children learning to ski at Beaver Creek, we are writing to express our STRONG opposition to proposed changes to short term rentals in the town of Avon. We are second home owners in Avon and have been significant contributors to the tax revenues of the town over the years by improving the property, and making our home available for visitors to Avon, while we are not personally using our home. While we understand there are issues with a shortage of housing, restricting short term rentals isn’t the solution. Our house is occupied by us or family and friends frequently throughout the year. Therefore, long term rentals are not an option for us. Working with the ski resorts, the county and the state to find long term sustainable solutions to this problem should be where the town council focuses its efforts, not on further restricting short term rentals. Restricting our ability to rent our house when we’re not there would not only NOT help with the housing supply issue, as it would never be made available as a long term rental, but would have a significant negative impact on tax revenues received by the town, while simultaneously negatively impacting the quality of family-friendly accommodations for visitors to Avon, who also bring money to the town and to local businesses. It’s difficult to imagine that there wouldn’t also be a deleterious effect on Avon neighborhoods from having vacant homes, like ours would be, for possibly large portions of the year. We strongly oppose changes to these rules. Not only will the issue of housing availability not be improved by these measures, the town and local businesses will be hurt by a significant decline in revenues generated by properties like ours - which are subject to the highest tax rates in Eagle county. Thank you for your consideration, -Keith Keith MorrisonSr. Director, Global Marketing | Patient MonitoringBlood Oxygen Management & Respiratory Compromise Medtronic6135 Gunbarrel Ave | Boulder, CO 80301 | USAOffice 303.305.2607 | Mobile 303.808.5863 keith.a.morrison@medtronic.com medtronic.com | Facebook | LinkedIn | Twitter | YouTube Attachment E - STR Public Comment to Council for previous Council Meetings This information may be confidential and/or privileged. Use of this information by anyone other than the intended recipient is prohibited. If you receive this in error, please inform the sender and remove any record of this message. [CONFIDENTIALITY AND PRIVACY NOTICE] Information transmitted by this email is proprietary to Medtronic and is intended for use only by the individual or entity to which it is addressed, and may contain information that is private, privileged, confidential or exempt from disclosure under applicable law. If you are not the intended recipient or it appears that this mail has been forwarded to you without proper authority, you are notified that any use or dissemination of this information in any manner is strictly prohibited. In such cases, please delete this mail from your records. To view this notice in other languages you can either select the following link or manually copy and paste the link into the address bar of a web browser: http://emaildisclaimer.medtronic.com Attachment E - STR Public Comment to Council for previous Council Meetings From:Dana Rubin To:Short Term Rentals Subject:letter of opposition to short term rental proposal Date:Monday, May 16, 2022 9:44:45 AM To Whom it May Concern, Please take into consideration the following reasons why we are STRONGLY against changing the terms of short term rentals. 1. Changing them will not help the issue of affordable housing, it actually could create the opposite effect. Because I use my property a lot during the year, long term rentals are not an option and with real estate selling at an all time high the long term rents would be unaffordable to most. 2. Short term rentals bring a lot of income into the town of Avon. Why would you want to limit that???? 3. Travelers looking for rentals would choose other places to go because short term rentals are a hugely desirable accommodation choice. We oppose changes to the current rules for short term rentals because of the above reasons and because it's been working so well the way things stand. Thank you for your time, Mitchell and Dana Runin Attachment E - STR Public Comment to Council for previous Council Meetings -----Original Message----- From: matt Tonn <mtonn78@icloud.com> Sent: Tuesday, May 17, 2022 1:43 PM To: Council Everyone Group <council@avon.org > Subject: 5/17Comments for town council meeting All, my name is Matthew Tonn, Full time resident/Owner, here at: 816 W. Beaver Creek Blvd Lakeview Condominiums, Avon I’d like to comment on the t opic of STR. I strongly oppose STR in our Avon condominium/ apartment complexes as a whole. I am in favor of the recent re-zoning map that would no longer allow Lakeview at Benchmark Condominiums to STR. We are steps away from the elementary school(school zone). I cannot think of another town in the world that has hotels in a school zone? Clerkless hotels in our case. Community safety and security is being compromised by transient turn and burn rentals . Avon is loosing residents and community that I’ve grown to love over the past 22 years. Let’s keep our full time/ year round residents a top priority, please. There is no community without us. Matthew Tonn Lakeview at Benchmark Condos Sent from my iPhone Attachment E - STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Mari Garland <mari@4garlands.com> Sent:Thursday, July 14, 2022 10:28 AM To:Short Term Rentals Subject:Avon Short Term Rental License and Zoning Categories:Red Category Tom and Mari Garland   TMG Real Estate Avon, LLC   2152 McKinley Ct.   Grand Junction, CO 81505   July 14, 2022   Avon Town Council   c/o Short Term Rentals   P.O. Box 975   Avon, CO 81620   RE: Public Comment on Short Term Rental Licensing and Zoning   Dear Town of Avon Representatives and Council Members,   My husband and I own a condominium in the Liftview Complex at 998 West Beaver Creek Boulevard, Unit C305 (STR  #011380).  We purchased the unit in July 2020 with the intent of using it as a family vacation getaway, a place to spend  the night when Tom is timing ski races for the Beaver Creek Race Department (Winter 2022 was Tom’s eighth season  working for Vail Resorts, Inc. as a part‐time, seasonal employee) and as a vacation rental to defray the cost of HOA fees,  property taxes, utilities, repairs, and other costs of ownership.  Within the first year we upgraded the interior of the unit  from an outdated and worn 1970s layout, including appliances and fixtures to a totally refurbished, modern open  concept design.  We invested over $35,000 in the fully‐permitted remodel generating permit fees, local jobs, buying  materials and supplies in local stores (thus generating local sales tax revenue) and increased its appraised value (thus  increasing Avon property tax revenue from this unit for years to come).  Since we did some of the work ourselves, we  also ate at restaurants, bought groceries and refilled our gas tank in Avon throughout the 3‐month remodel process.  We  continue to contribute to the local economy every time we visit our condo.   We strongly oppose new rules which restrict our ability to responsibly rent our condo when we are not using it.  Our unit  is professionally managed by Skyrun Vacation Rentals in Beaver Creek so that guests have a local contact who can  respond immediately should they need anything, to assure that the unit is cleaned to CDC standards between each guest  and impeccably maintained from year to year.   Short term rentals like ours attract visitors to Avon who spend their  vacation dollars here.  The Liftview location is beneficial to visitors because it is a short walk to the Bear lot to catch the  Beaver Creek shuttle, right on the bus route, across the river from a liquor store and restaurants, an easy stroll to  Nottingham Lake and adjacent to the riverfront bike trail.     Under the current proposed Ordinance 22‐09, our STR license would be “grandfathered in” even if limits are placed on  the number of STR licenses granted within the STR overlay zone, but a new license might not be available to our children  in the case of an inheritance or future owners if we sell the property.  We understand an STR license would not  automatically transfer when a change of ownership occurs.  However, if the proposed limits on the number of STR  ATTACHMENT D: New Public Comment to Council 2 licenses are implemented, it would be critical to ensure “the right to obtain an STR license” for a limited time (say 120  days) under a change of ownership – otherwise the license cap rules could significantly impact property values.  If a new  owner cannot continue the prior use, the value of a property’s rental history and revenue earning potential would be  eliminated.  As with liquor licenses that are often limited in a given area, the STR license becomes a critical asset and a  new property owner will pay much less for a property which can no longer be both a vacation getaway and an income  earning property.        Is it the Town’s intent to create a waiting list for STR licenses once an established cap on the number of licenses granted  is attained?  How would a new property owner be prioritized versus other applicants?  Once an established cap is  reached, how would property owners who want to obtain an STR license be notified that one is available?  Creating a  limit on the number of STRs in the overlay zone creates a need to manage the pool of available licenses in a fair and  transparent manner.      We support a modest increase in the short‐term rental license fee, though we want to remind the Council that short  term rentals also contribute lodging and local sales tax revenues to the town’s budget that should also be considered  when evaluating the cost of administering short term rentals by the town.  The proposed increase from $75 to  $400/year for a 2‐bedroom unit is excessive.   We may qualify for a managed property license at $300 ($250 + 2  bedrooms @ $25) since Skyrun manages multiple properties in the town of Avon, but that still represents at 400%  increase in the license fee.        We appreciate the Town Council’s efforts to balance the desires of full‐time residents of Avon with visitors and vacation  home owners like ourselves.   Thank you for soliciting comments and listening.  We understand the need for affordable  housing throughout the state of Colorado – it is not a unique problem for Avon.  The perceived “quick fix” of severely  limiting the number of residential units that can also be used as short‐term rentals outside the expanded town core will  have minimal impact on the number of units available for long term rental.  To address the housing needs of the town as  it has    grown it will be necessary to promote the development of new affordable housing complexes.        Sincerely,   Mari L. Garland   TMG Real Estate Avon, LLC     ATTACHMENT D: New Public Comment to Council 1 Max Morgan From:Maricela Luevanos <mlue1980@icloud.com> Sent:Wednesday, July 06, 2022 6:27 PM To:Short Term Rentals Subject:STRs Categories:Orange Category, Purple Category Hi,  I’m an owner of a property that will be affected by some of the proposed new potential requirements. This is our 2nd  year doing this and so many families came by to visit  because it was more affordable than a Hotel room. So we pay  taxes, Real Estate Taxes, employees to maintain our property and now your considering adding more charges???  If this goes through, I will just rent long term to tech people who works from home that can afford a $4000 rent  payment. And my cleaning crew will have less work and the town less revenue because you will have less families  visiting due to the high cost.   Now, my husband and I live in Gypsum  and used all of our savings to buy this place and be able to make a living  ourselves. But the income   we will be making is now up in the air..  Hope the Town understands that not all owners are reach. Some of us are trying to contribute to our community  economy by investing  locally.  Maricela Luevanos  970‐331‐6877  Sent from my iPhone  Attachment D: New Public Comment to Council STR Public Comments to Council submitted prior to May 24, 2022 Council Meeting ATTACHMENT E STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Español with JJ <jmartin5gonzaga@gmail.com> Sent:Tuesday, June 07, 2022 9:40 AM To:Short Term Rentals Subject:Short Term Rental Licensing and Zoning Hello,   My name is John Martin and I have been teaching as a public school teacher for ECSD for 7 years and own a condo in  Liftview.  I would like to comment on the Short term rental licensing and zoning proposal.   It is obvious that there is no housing for individuals who want to rent for the purpose of residing in Avon.  There are 4  hotels at least in Avon, multiple in beaver creek, and plenty of space for people that want to come and ski during the  winter if they wish to pay the high prices (as do all of our residents).  During the summer there is plenty of hotel  space.  Since VAIL resorts lowered the price of the EPIC pass the mountain resorts are also packed.  They do not need  more skiers on the mountain.   It seems clear that we need to either eliminate short term rentals or put up heavy financial  limitations.  Encouraging people to buy real estate at high prices to provide short term rentals drives up our prices of  construction, retail and restaurant labor, and every aspect of purchasing day‐to‐day goods in our valley.  Short term  rentals only benefit real estate investors and the other large commercial chains in our valley (christys, westins resorts,  hyatt, VRBO, Airbnb, vail owned entities, etc).  Very little of the money spent by short term renters goes to private  business owners which drive our valley.    Please consider getting rid of these short term rental allotments.  We do not need to provide cheap housing to visitors  when we don't have enough labor to service those visiting.   Thank you for listening to my input.   John Martin  ATTACHMENT E STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Holly Bilderback <hoyallyn1959@gmail.com> Sent:Tuesday, June 07, 2022 8:18 PM To:Short Term Rentals Subject:Public Hearing of Potential Changes to Short Term Rental Licensing and Zoning As owners of a property at The Seasons at Avon who spend time at our property as well as earn a portion of our income  through short term rentals, we are in favor of ensuring that short‐term rentals are appropriately monitored by the city  of Avon, and recognize this comes at a cost. We are in support of a reasonable increase in the licensing fee as well as  establishment of reasonable, uniform best practices for short term rentals.  Regarding potential zoning changes, we sincerely hope you will ensure that property owners who bought their  properties with the expectation that short‐term rentals were a means of income to support the funding of those  properties will be exempt from all limitations on the number and location of short term rentals.   We believe that limiting short‐term rentals should not be the main component of solving the housing shortage in order  to protect those who already own property in the City of Avon and already use it for short‐term rental income.Exercising  caution to ensure that housing values are not significantly reduced due to restrictions in short‐term renting  opportunities will be an important consideration as you examine zoning changes, weighed against the need for housing  for residents of Avon.    Additionally, consideration of the potential negative impacts on Avon's economy due to limitations on short‐term  rentals should not be ignored.  Holly and Mark Bilderback  ATTACHMENT E STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:hix@rmi.net Sent:Wednesday, June 08, 2022 9:20 AM To:Short Term Rentals Subject:Short Term Rentals We own a condo in Avon at Canyon Run Condominiums, 120 E. Hurd Lane. This is a second home as we live in Houston.  We recently received a public hearing notice regarding the June 14 hearing about short term rentals. This notice invited  us to make comments These are our comments:  We have never rented our unit, even though we are in Avon only 6‐8 weeks a year – we purchased it for our own  enjoyment.   I served on the Board of the Canyon Run Condo. Association for over 20 years, most of those as President. A  disproportionate share of the problems we had to deal with were caused by short term renters. If I could have changed  our by‐laws to totally ban short‐term rentals I would have.   So, in regard to any changes the Town of Avon wants to make to increase fees, tighten regulations, etc., we say go for it.  In fact, if you want to totally ban short term rentals, we are all for that too.  Tom & Jeanette Hix  120 E. Hurd Lane, Unit A‐203    P.S. Say hi to Tamra for us!  ATTACHMENT E STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Vance Preman <kcbikelaw@gmail.com> Sent:Wednesday, June 08, 2022 9:27 AM To:Short Term Rentals Subject:Short term rental. Comments for public hearing Dear Mayor and Council Members.   I have been coming to Colorado and Vail Valley since the late seventies. Housing has been a can that has been kicked  down the road for decades and mostly ignored by Vail Resorts and other large employers. I worked my entire adult life  and finally was able to purchase a condo in EagleVail and then upgrade to Brookside  Park. I chose Avon for its livability. I  eventually plan to retire there. I don’t think that homeowners should bear the responsibility of solving the housing crisis.  STR have become a tool to help defray the costs of property ownership. To me it might be more trouble than it’s  worth.  I don’t however  like the idea of being told how I should use my property. I think a licensing fee is quite  reasonable. I think some safety considerations are appropriate. Beyond that, more restrictions seem like government  overreach. People have to get there heads around the fact that employers need to step up and build dorms or other  facilities. People also need to recognize that in many high dollar places(Manhattan; Miami Beach), the people that work  there don’t necessarily live there. Thank you for your time and consideration. Vance Preman   ‐‐   Vance C. Preman, PC  Attorney at Law  Super Lawyer since 2016  KC Bike Law (kcbikelaw.com) 11805 W. 179th St.  Bucyrus KS 66013  (c) 816.678.9599 (f) 913.583.5116 kcbikelaw@gmail.com ATTACHMENT E STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Michael Shantz <michaeldshantz@gmail.com> Sent:Wednesday, June 08, 2022 10:56 AM To:Short Term Rentals; Chelsea Shantz Subject:6/14 STR Public Hearing Input To Avon Town Council,  Our names are Chelsea and Mike Shantz.  We live in Denver and purchased a 2nd home in Avon in September 2019.  As  we evaluated where to purchase a home in 2018/2019, we selected Avon because we loved the town, it has easy access  to Beaver Creek, and there was an area within town where STRs were permitted.  We come to Avon as often as we can but also use our home as an STR to help pay our mortgage.  We had saved enough  money for a down payment but cannot afford the mortgages for our home in Denver and our Avon home without STR  revenue.  We specifically purchased our home within the STR boundaries to ensure we would be following town  rules/ordinances and wouldn’t have to worry about self‐funding the entire mortgage.  3 years later, the Town seems to want to change the rules.   I continue to get notices that you may change the fee  structures and the boundaries of STR to help with a housing shortage.  I am encouraged that you have publicly stated  that the council “respects property rights” and “Without question, the Town supports STRs and recognizes that STRs are an essential part of the Avon experience”. Any changes to STR rules/regulations need to reflect these statements.  We are supportive of finding solutions to the housing crisis in Avon. However, current STR property owners should not be viewed as pariahs or treated unfairly by the council. We have done nothing wrong: we purchased a home that we love, pay our taxes, support local businesses, and do everything we can to ensure our guests have a great experience in Avon.  I believe that any changes to STR rules/fees should follow the 3 guidelines outlined below:  -Current property owners are “grandfathered” in under current rules. Any new boundaries/regulations should be applied to purchasers after a future date (ie 1/1/2023) -Current STR owners should be allowed to generate revenue to cover 100% of mortgage, HOA fees, insurance, and operating costs -Changes in STR fees should not be a money grab where STR property owners pay for a disproportionate percentage of projects proposed by the town council. If the Town needs funds for housing projects, they should come equitably from all revenue streams (property taxes for everyone, local sales tax, and STR fees) Thank you for your consideration. We do not want to be forced out of our home.  ATTACHMENT E STR Public Comment to Council for previous Council Meetings 2 Sincerely,  Michael and Chelsea Shantz   ATTACHMENT E STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Abraham M. DeLara <abdelarajr@hotmail.com> Sent:Wednesday, June 08, 2022 5:25 PM To:Short Term Rentals Subject:AVON SHORT TERM RRENTALS - LICENSE #014324 - BENCH MARK A17 To who it may concern,  I would like to write some comments about the short term potential changes at the town of Avon.  My wife and I finally achieved this life time goal to have short term (ST) rental business, we know and can see how the  Avon area has a needed market for ST rentals, even with the large hotels in the area. We do live and own in Edwards as  well (Brett Ranch). We also have long term rental property in Gypsum (Mountain Gateway). We are truly locals,  conducting business in Eagle County. Although we are not a big hotel, our small ST rental business does promote local  economy as our tenants stay in Avon, eat in Avon and spend their money locally. As you well know, we pay a good  amount of taxes as well. We live here, we spend our money here in the Vail Valley.  Please, please continue to allow us to run our small short term rental in Avon. We feel that as locals, we deserve to do  our business in Avon as we are now.  Thank you for your consideration.  Abraham M. De Lara Jr.  C – 970‐389‐1046  EMAIL – ABDELARAJR@HOTMAIL.COM  ATTACHMENT E STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Billy Harllee <harllee@gmail.com> Sent:Wednesday, June 08, 2022 7:02 PM To:Short Term Rentals Subject:Re: STR zoning changes Hi Max – I typed up a small novel on my flight with my thoughts on the impact of rezoning our condo in Sunridge  to prohibit STR.  I’ll look forward to watching the town council meeting video in the days to come.  I’d like to  remain anonymous if this email is chosen to be shared tomorrow, by the way.  Thanks,  Billy  We are quite concerned about the potential for losing our rights to conduct short‐term rentals in our condo in  the Sunridge community which we understand falls in the proposed rezoned district that would prohibit  STR’s.  Last year we accomplished a dream of ours which was to purchase a mountain home for personal use  and as an investment.  We love spending time in Avon as well as providing a great place for visitors to do the  same.    We understand that there are challenges that the local workforce face in finding affordable housing.  However,  we don’t think eliminating STR is the answer.  Here are some reasons why:  1.We, like many other STR owners, employ local workers for our housekeeping and maintenance.  This provides a big income boost.  Banning STR in our district would be a big blow to this local workforce 2.Our guests spend money in Avon whether it be skiing, dining out, grocery shopping etc.  This generates sales tax revenue for the town that would be greatly reduced if our unit were simply owner‐occupied or was rented on a long‐term basis.  Money that could be spent on affordable housing initiatives. 3.Our guests also spend money in the form of the various taxes imposed on their bookings including the recent 2% STR‐specific tax which we understand is intended to help with the affordable housing challenges. 4.We (like many others) would likely not be able to comfortably afford ownership without occasional STR of our property.  We would likely have to sell.  So then the question is, what would owners start doing that could help with affordable housing for the local workforce? (I don’t have data on this but I’m assuming that the majority of the local workforce cannot afford to purchase most property in Avon.  I’ve heard condos in Sunridge and Liftview similar to our 2/2 in Sunridge are going for over $600k now): STR Prohibition Scenarios:  a.Owner lives full‐time in Avon: no benefit to local workforce (again assuming average local worker would not be able to afford to buy).  This would also eliminate significant income that local workers earn cleaning and maintaining STR’s. b.Owner lives part‐time: Same as 4a.  Also less sales tax dollars from the unit being occupied less (i.e. no one around to spend money in Avon) c.Owner lives full time and rents a room (highly unlikely that anyone would do this, at least in a condo like our small 2/2 in Sunridge).  No income opportunity for STR cleaning and maintenance d.Long‐term rent (the rental rate required for an owner to charge to simply break even after mortgage + expenses would likely exceed affordability for most local workers).  No income opportunity for STR cleaning and maintenance ATTACHMENT E STR Public Comment to Council for previous Council Meetings 2 We would be devastated if we lost our STR rights and had to sell.  Our goal is to only break even on our expenses and be able to occasionally use the property.  We feel like STR operations like ours benefit the local workforce from the cleaning and maintenance services they provide.  We also feel like the Town of Avon benefits financially from the tax revenue  that STR bookings and guest patronage of local businesses create which can be used for local workforce housing‐related  initiatives.  While we don’t have the answer for the housing problems, we feel like eliminating our STR rights would be  much more detrimental than beneficial.  On Wed, Jun 8, 2022 at 5:38 PM Billy Harllee <harllee@gmail.com> wrote:  Thanks for the information.  So when you say "once that license expires", you mean if we didn't pay the annual license  fee and the license expired that unit would not be eligible for str going forward. However if the license were  maintained/renewed each year, the str rights would continue.  Is that correct?  I'll see if I can write up some thoughts on why we would be against the rezoning. Pushing back for a flight right now.  On Wed, Jun 8, 2022, 5:29 PM Short Term Rentals <str@avon.org> wrote:  ATTACHMENT E STR Public Comment to Council for previous Council Meetings 3 From: Billy Harllee <harllee@gmail.com>   Sent: Monday, June 06, 2022 2:16 PM  To: Short Term Rentals <str@avon.org>  Subject: STR zoning changes  Hi there ‐ I received the recent email and mailer about the potential STR changes.  I had one question about the  zoning.  Will existing, licensed short‐term renters be grandfathered in if the zoning happens to impact their area?  I  heard someone ask that on a recent town council video I watched and it sounded as if the answer is yes.  Just wanted  to confirm as our condo appears to be in the proposed zone that would not permit traditional STR.  Thanks,  Billy  ATTACHMENT E STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Kimberly Appel <kappel@klearmedinnovations.com> Sent:Wednesday, June 08, 2022 8:23 PM To:Short Term Rentals Subject:Proposed STR changes Good Evening,   Thanks to the Town Council for soliciting feedback from property owners.   We certainly understand the potential need to increase the fee for short term rentals to cover the costs of software,  personal, etc. as relates to issuing and enforcing short term rentals at the City of Avon.  However, having an increase of  several hundred dollars, or even $1K+ greater expense, is absolutely excessive.    We agree with having certain safety measures in place so that short term rentals are managed and handled  appropriately.  Our HOA, for example, has a list of rules for units that are rented requiring local management with the  ability to immediately deal with potential safety, mechanical, etc. issues when they arise.   However, we are opposed to limits on STRs and the freedom to rent one’s home if the rules are being followed.  And as  stated previously, a significant increase in fees would be excessive.    We too, would encourage the Town Council to look to other methods by which more affordable long term rentals can be  generated.  The short term, and long term rental markets are vastly different in the Town of Avon.  We enjoy our home  in Avon immensely, and all that life in the Valley provides.  However, we do offer some short term rentals when not in  town, which helps us to afford the (increasing and expensive) HOA fees, mortgage, and taxes.  We will NOT be offering  our home for long term rental, as that is not feasible given the time we spend there.    Income to local business will suffer if we, and others, ceased to offer short term rental as an option to visitors.  The  proposed changes by the Town Council will have an overall negative impact on tourism in Avon and at the ski resorts,  and the money spent by tourists in Avon will plummet.  This will negatively impact local business, and likely, will  DECREASE the need for long term housing options because local workers will be forced to move elsewhere to find jobs.   As well, the quality and number of establishments, services, etc. in Avon for the permanent residents will be negatively  impacted as business owners will be forced to close with less income generated by tourism.    The Nation is having a problematic real estate boom; Not just Avon, CO.  While we admire the attempts by the Town  Council to discuss potential plans to help the Community, the proposed methods are short sighted and “copycat”  renditions of what other Communities have tried to put in place, without significant improvement / results to date.    Thank you again for consideration of our thoughts.   Kim Appel & Dan Kehoe  288 West Beaver Creek Blvd, H‐1  Avon, CO  ATTACHMENT E STR Public Comment to Council for previous Council Meetings Dear Avon Town Council Members, It was brought to my attention that Short Term Rentals are on the agenda for this evening, so I’d like to express my concern. It seems, especially over the past couple of years, that short term rentals have taken up more space than long term rentals, thus pushing the local workforce out of the market. With this decrease in available housing to full-time residents, the market has sky-rocketed, making housing nearly unaffordable and so highly coveted that renters are paying prices that are not only astronomical, but taking up more than half of their regular income. One of the “most common rules of thumb” is that you should not spend more than 30% of your monthly income on housing so as to be able to afford things like food, healthcare, etc. In our current, inflated economy, the Eagle County housing market, Avon in particular, is making this impossible. I’ve had many conversations with community members who all feel very similar sentiments, there needs to be a cap on Short Term Rentals, and should have been one in place a long time ago. Not only that, but those apartments that are already short term, need to be taxed as commercial units, rather than residential properties. If someone’s apartment has a revolving door of visitors occupying their space, then it is no longer a residential unit and has become a commercial outlet for their income. I’ve first moved to this valley more than 15 years ago – I’ve worked in retail, customer service, food and beverage, as well as healthcare. I was never ready to buy a home when I was younger, and now that I’m a mid-30’s professional, I can’t even dream of buying one. I am fortunate that I was able to find a place to live that’s semi-affordable for a single person, but I found it through word-of-mouth, because I’ve been here long enough to know people. There are many who are less-fortunate than I am who are wanting to move here and “live the dream” of being in the mountains. While we all understand that it’s not always an easy life, finding housing should not be as much of a nightmare as it currently stands. As someone who has been placing my roots here since I was only 18 years old, I would love to keep them in the ground. I know there are many, many more residents like myself, who call this place home, but don’t actually have a home to call their own. I am asking, very briefly (because I’m at work and I don’t have a lot of time to spend on this), PLEASE do something to help your locals. Our community is so special and so VERY incredible. We’re here to serve the tourists, yes, but we’re also here because we love where we live and we’ll do just about anything to stay here (including paying FAR MORE than we should for rent). With Kindness, Sara Striegl ATTACHMENT E STR Public Comment to Council for previous Council Meetings 1 From: Amy Reid <areid@vbr.net>  Date: April 22, 2022 at 9:58:24 AM MDT  To: Council Everyone Group <council@avon.org>  Subject: Vail Board of REALTORS Letter  April 22, 2022  Avon Town Council  100 Mikaela Way  Avon, CO 81620  VIA EMAIL: council@avon.org   Dear Council Members:  The Vail Board of REALTORS absolutely agrees and supports the efforts, to help identify potential  solutions to our housing challenges. However, we are eager to find solutions that do not infringe upon  or change the private property rights of our community’s current or future homeowners.   To be clear, the current discussion around regulations, moratoriums, fines and limiting registrations  for short‐term rentals in our market as a solution is nothing more than an infringement on private  property rights. The proposed solutions are highly speculative and unproven in other communities  around the country. If implemented, the most likely result is simply more strain on the local housing  market. Simply put, short‐term rentals are not the cause of our problems.   We believe further discussion around this issue is necessary for our business and community leaders  along with elected officials to find creative solutions to increase the supply of diverse housing for our  growing market. We do not have a short‐term rental problem; we have a housing supply problem.  A healthier housing market is only going to be developed by creating and implementing innovative  solutions that increase the supply of diverse housing products. We have a great example of a creative  solution in the Miller Ranch Development.     Our problem has been and remains the lack of a diverse range of housing supply. While the supply  shortage is overwhelming in its scale and overall impact on our community, we know that it will not  correct itself in traditional real estate cycles and, the longer we sit back and do nothing, the deeper the  damage to our economy.  There are a wide range of additional solutions to our affordability/accessibility needs that must be  explored and collectively, can help us achieve positive, long‐term results and maintain the integrity of  the entire community. Those solutions may include but are not limited to appropriate and targeted  homeowner incentives, re‐evaluating fees and licensing structures, and the easing of trade, labor,  finance and land‐use issues.    ATTACHMENT E STR Public Comment to Council for previous Council Meetings 2 Vail REALTORS® and those we represent are eager to be a part of the conversations and solutions to our  housing challenges as we work collaboratively to find the answers to our community’s housing makeup.  It is critical we change the outlook from financial and social instability to economic growth built upon a  solid foundation in the decades ahead.  Sincerely,  Vail Board of REALTORS    Amy Reid Association Executive  Vail Board of REALTORS® Vail Multi-List Service, Inc. Vail Board of REALTORS® Foundation email: areid@vbr.net Direct: 970-766-1029 Office: 970-766-1028 0275 Main Street G004 Edwards CO, 81632  www.vbr.net ATTACHMENT E STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Erin Green <erin.green1776@gmail.com> Sent:Monday, May 09, 2022 5:00 PM To:Short Term Rentals Subject:Short term rentals TOA:  We are in favor of allowing short term rentals in Avon. We understand the housing shortage in the Valley. It would seem  that most short term rentals would not be available for long term‐ most people I know who rent short term simply fill in  some gaps when they are not in their property. We also own some properties we rent to long term tenants and families  at under market rates, persons that work in the area. We continue to improve these properties. Allowing short term  rentals does give guests an option of a range of properties.   Thank you for listening.   ‐‐   Erin Green   erin.green1776@gmail.com  ATTACHMENT E STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Al Bonneau <albonneau@comcast.net> Sent:Tuesday, May 10, 2022 3:33 PM To:Short Term Rentals Subject:Reply to Proposed STR changes Dear Sir or Madam,  OK, enough is enough.  Please see the following points AGAINST changing the STR rules in Avon:  *The Town already raised the rental tax in Avon 2% last year. The Town of Avon has the HIGHEST TAXES IN EAGLE COUNTY! More than Vail, BC...anywhere. *If there are even more onerous restrictions to renting as an STR, we will cease doing so and Avon will receive even LESS revenue from lodging taxes AND other taxes due to reduced headcount and, therefore, spend in other community locations. All this will accomplish is limit the number of tourists in Avon and cause local businesses to suffer. *If these additional fees ($1,000 for a license??!!) go through, our unit will NOT resort to long term rental. If the Town thinks this is a solution to the lack of seasonal accommodations, you are WRONG! *Our condo is occupied by family members frequently throughout the year. We rent as STRs only occasionally to help pay for the already high taxes and fees in Avon. If we cease doing STRs, our property will simply become unoccupied while we are not in residence. *Other towns are attempting to restrict STR licenses (Telluride) and are finding that this is not the answer to the housing issue. This effort will end up backfiring if these proposed rule changes go through.  We have been following all of the rules to date and cooperative with the Town. Avon is receiving revenue that is already  excessive.  Second homeowners / STRs are not the problem. Stop digging into OUR pockets and figure out a public / private  partnership with the ski areas, the State and the County. I'd like to know what other solutions the Town Council has  discussed instead of always resorting to the "easy"   was: just keep raising taxes and fees.  Keep your hand out of our pockets and stop trying to restrict the use of OUR properties!  Kind Regards,  Al & Pam Bonneau  100 West Beaver Creek Blvd. #805  Avon, CO  ATTACHMENT E STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Monica Kryzer <mkryzer@hotmail.com> Sent:Tuesday, May 10, 2022 11:54 AM To:Short Term Rentals Subject:Comments regarding increases to fees for short term rentals in Avon We have been watching the discussion on this topic and want to provide input to the council.  We have a three bedroom  unit in Avon that is owned by two couples (brothers and their spouses).  We originally purchased the unit for friends and  family use without intending to rent.  One couple moved to the area two years ago, and with covid afoot decided to use  STR as a mechanism to bring in some extra cash. Since one couple was local, it could be easily managed if any problems  occurred.  One of us is on the HOA Board for our development and the Board members spend a considerable amount of  time ensuring safe sprinkler systems, snow removal, pest management, cleanliness, noise management, etc are in place  for the building.  The owners are now in our second year of licensing.  We use online booking services which request  safe cleaning practices.  If a unit doesn’t provide safe and clean environments, reviews by users will quickly reduce  popularity of the units.  We understood the added 2% in occupancy fees this year was to fund local worker or affordable  housing, which makes sense.  There is a shortage of affordable housing and we support the idea of creating more  affordable homes.  However, a huge increase in the cost of a license, such as being proposed by the town seems  ridiculous, especially in light of the potential number of rentals in the town and the fact that you would need to HIRE  people to monitor the regulations being proposed.  How does this help create affordable housing?   In all likelihood, a huge license increase and additional inspections or rules to follow would cause us to remove our unit  from the STR market, which means the town of Avon will lose license fees, sales tax, and occupancy taxes.    On the other hand, buildings in Avon that have a front desk and multiple units for rent should be charged by unit, so that  those owners pay their fair share of fees and taxes.  It’s unforgivable that this was overlooked in the past.    What the real intention of the proposals isn’t clear to us at this point.  Is the town trying to bring in money to hire  personnel (which are in short supply in the valley btw) or to create more affordable housing?  Or to reduce visitors to  the town?   It seems that the council needs to get a clear idea of expected outcome before voting on options.    Monica Kryzer  Gypsum, CO  Sent from my iPad  ATTACHMENT E STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Kate Mead <katrinamead@comcast.net> Sent:Tuesday, May 10, 2022 7:34 PM To:Short Term Rentals Cc:Warren Mead Subject:Comments opposing proposed changes to Short Term Rentals To Whom It May Concern  We are writing to express our STRONG opposition to proposed changes to short term rentals in the town of Avon.     We are second home owners in Avon and have been significant contributors to the tax revenues of the town over the  years by making our home available for visitors to Avon while we are not personally using our home.      While we understand there are issues with a shortage of housing, restricting short term rentals isn’t the solution.  Our  house is occupied by us or family and friends frequently throughout the year. Therefore, long term rentals are not an  option for us.  Working with the ski resorts, the county and the state to find long term sustainable solutions to this  problem should be where the town council focuses its efforts, not on further restricting short term rentals.     Restricting our ability to rent our house when we’re not there would not only NOT help with the housing supply issue, as  it would never be made available as a long term rental, but would have a significant negative impact on tax revenues  received by the town, while simultaneously negatively impacting the quality of family‐friendly accommodations for  visitors to Avon, who also bring money to the town and to local businesses. It’s difficult to imagine that there wouldn’t  also be a deleterious effect on Avon neighborhoods from having vacant homes, like ours would be, for possibly large  portions of the year.     We strongly oppose changes to these rules. If they do go into effect, I think the town will find that it’s cut off it’s nose to  spite it’s face. Not only will the issue of housing availability not be improved by these measures, the town and local  businesses will be hurt by a significant decline in revenues generated by properties like ours ‐ which are subject to the  highest tax rates in Eagle county.     Sincerely,  Kate & Warren Mead    ATTACHMENT E STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Doug Petersen <douglas_petersen@hotmail.com> Sent:Tuesday, May 10, 2022 11:55 AM To:Short Term Rentals Subject:Re: UPCOMING POTENTIAL CHANGES TO STR AND LICENSING The proposed fee hike is substantial and cost prohibitive. Going from $75 to $1,250 for a 3‐bedroom is over 1500%  increase. It will not make Short Term Rental issue better and will only push owners to maximize the number of days they  rent.     This is an overreach of government. There are better alternatives, like offering incentives.       With the existing 10% tax, Avon is already seeing tax revenues up 25%+ for 2021. Eventually this will get too overbearing  with more and more oversight. It will drive people to other cities that are more favorable & desirable.     From: MUNIRevs ‐ Avon <support@munirevs.com>  Sent: Monday, May 9, 2022 4:03 PM  To: douglas_petersen@hotmail.com <douglas_petersen@hotmail.com>  Subject: UPCOMING POTENTIAL CHANGES TO STR AND LICENSING      To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.     Doug Petersen   10567 Skyreach Road   Highlands Ranch, CO 80126    May 9, 2022    Dear Licensee:     You are receiving this letter because you hold a Town of Avon business license relating to short‐term property rental.  The purpose of this message is to inform you that the Town of Avon is currently working through modifications to short  term rental process and procedures. Changes will likely include a new fee structure, based on unit type, and  requirements to satisfy minimum safety standards. We are also evaluating whether portions of Town may be better  suited for owner‐occupancy requirements, and/or a cap on total licenses.    Next Steps  The Avon Town Council is set to review potential changes at their May 24, 2022 meeting.     Comments  Your comments are valued and will be shared with the Town Council. Please direct written communication to  str@avon.org and they will be included in upcoming meeting packets.    Info  For more information on current and proposed regulations, as well as meeting packet information, feel free to visit  www.avon.org/str over the next several weeks for updates. For questions please contact Max Morgan, Planner 1+, at  ATTACHMENT E STR Public Comment to Council for previous Council Meetings 2 970.748.4014.    Thank you    The Town of Avon  To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.   ATTACHMENT E STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Luke Ramirez <lukeaaronramirez@gmail.com> Sent:Tuesday, May 10, 2022 9:25 AM To:Short Term Rentals Subject:STR in Avon Hello,    Thank you for your recent communication regarding STR in Avon and the upcoming meeting to discuss potential  changes.    I wanted to make sure to write in to express our concern for this issue. Our family recently acquired a beautiful condo in  Avon in hopes to be able to use it frequently throughout the year as a get‐away for our quickly growing family.    I was fortunate enough to use the condo for my bachelor party in March of 2022 and we had an amazing time  skiing Beaver Creek Mountain and made countless memories.    For our family, the need for STRs cannot be understated. Simply put, we will not be able to financially make the condo  work long term if it wasn't for the ability to STR the space during the times we are back at home. Not only would this be  beyond disappointing for our close family, but this would also hurt the business that is generated for our partners who  help make this dream vacation home viable. Our cleaning partner is a husband and wife team who have a small,  boutique crew of ladies underneath them that all benefit greatly from the cleaning fees they are able to recoup from  their services. That money effectively circulates directly back into the local economy. Not to mention the amount of  tourism dollars that also is generated from our guests who come to experience this lovely town.    Even though we are a boutique, family run operation, we would technically be classified as investors. We ensure our  dealings with our guests, the communication, and respect for the permanent locals of Avon is always at top of mind. The  clientele that the amazing real estate in Avon attracts is a classly, quality, low maintenance and respectful group that we  believe greatly benefits the community more than it hurts it.    We are grateful for the opportunity to express our thoughts on this matter and I hope the city takes these thoughts into  consideration.    Respectfully,  Luke Ramirez  ATTACHMENT E STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Jeff O'Brien <JOBrien@eastwest.com> Sent:Wednesday, May 11, 2022 4:06 PM To:Short Term Rentals Cc:Jeff O'Brien Subject:Avon STR Rental Licensing - Fractional / Timeshare Properties Good afternoon,     As the town council forms a new policy around short term rental licenses, they should give special consideration to  fractional / timeshare properties. I oversee Falcon Point Resort at 175 Lake St. in Avon, 54 units with owners owning  individual weeks, over 2000 owners in total. Data points:      Due to the week by week ownership, the units cannot be used as long term rental housing.    About 10% of the owners place their weeks in the rental pool. Most owners own one week.   The additional rental inventory is owned by the association, approximately 230 weeks (a not for profit Colorado  LLC).   o Nearly all revenue from Association owned weeks is used to offset operating costs.    Owners can rent their weeks on their own or through any third party and not required to use the management  company on site.   The inventory released to rent goes into a pool, so unit assignments are not fixed.   The number of bedrooms available varies significantly, therefore very difficult if not impossible to calculate  average bedrooms available or charge licenses on a per‐bedroom basis.     Please be mindful of the non‐standard situation Avon’s fractional properties present. Thanks for the consideration.     My best,     Jeff    Jeff O’Brien Director of Operations   300 Prater Rd. PO Box 8280 | Avon, CO 81620  d: 970.790.3121 | m:801.360.3027  jobrien@eastwest.com        ATTACHMENT E STR Public Comment to Council for previous Council Meetings 1 Max Morgan From:Shelley Slater <soslater2@gmail.com> Sent:Wednesday, May 11, 2022 9:21 AM To:Short Term Rentals Subject:Thoughts on STR Tuesday, May 10, 2022 Town of Avon, Short Term Rentals Comments from a community member  This letter is in response to solicited comments for the Town of Avon town council while the members ponder short term rental modifications. As an 18 year resident of Avon, I would like to share my situation so that you can keep in mind the importance for some of us who use rental income to partially fund living in the community. I live in the Avon Center or 100 W Beaver Creek Blvd. The condo I purchased back in 2004 is a 3 bedroom with 2 bedrooms configured like a hotel room - separate entrances bed and bath. Although some of my neighbors rent these small units out for long term, they are not really designed for that purpose. There are no cooking facilities. I feel fortunate that I was able to find and purchase a property that provides the ability for me to have a source of income that supplements other work that I do. I would not be able to live in the valley without it. Shortly after I moved to the valley, I was laid off from my good paying job. At the age of 50, I found it difficult to find work in the field where my competencies were. The jobs in the valley did not pay any where near the income that I needed to get by and my age seemed to be a factor. I did what I could to maintain some sort of lifestyle, but it has been a struggle. I started renting out 2 of my rooms to supplement living expenses over the last 18 years. Other work that I have done is real estate - both selling and a little property management, some consulting work for construction and telecommunications, and most recently, I have started an Appliance Repair Business after realizing a huge need in the valley for these services. However, starting a business requires a huge financial commitment and cash outlay and the income that I get from my short term rentals is a very vital source of income to keep me financially afloat. The costs for me to do this are increasing. I understand that there are some investors who are maybe, unfairly, profiting from the whole Airbnb short-term rental phenomena, but there are business license fees with the Town of Avon as well as the State of Colorado. Airbnb, the best place I have found to market my rentals, charges substantial fees and with the new 2% additional tax on non-hotel short-term rentals that was recently implemented, I am finding it harder and harder to compete. More fees and regulations will make it even more difficult. I am sure I am not the only one in this situation. I will be happy to discuss my thoughts and possible solutions with any member of the town council. Thanks for listening, Shelley Slater soslater2@gmail.com 720-299-7585         Slater Consulting, LLC  soslater2@gmail.com  720‐299‐7585    ATTACHMENT E STR Public Comment to Council for previous Council Meetings From:Michael Valigore To:Short Term Rentals Subject:short-term rental feedback Date:Friday, May 13, 2022 1:59:37 PM Hello, We live in Sunridge. This condo is our primary and only residence. Throughout the year, we rent the extra bedroom in our condo on Airbnb to provide an extra source of income. We also rent out the whole unit when we are out of town or it makes financial sense to do so. We are happy to pay whatever taxes/fees levied by the town. But we think it is unfair that we, as year-round residents who own one property, pay the same tax/fee rates as someone who lives out of state and short-term rents their multiple investment properties. Thank you for your time, MK Homestay #007676 ATTACHMENT E STR Public Comment to Council for previous Council Meetings From:Sara George To:Short Term Rentals Subject:Avon Short Term Rental Comments Date:Sunday, May 15, 2022 1:16:01 PM Thank you for your email regarding upcoming potential changes to short term rentals in Avon. We agree there needs to be minimum safety standards for any rental, long term or short term. We certainly hope that we are able to continue to offer our condo in Chapel Square for other families to enjoy during the ski season, by means of a short term rental. This brings in a large amount of revenue each season for the Avon and Beaver Creek area. It would be a great loss of revenue for the entire area. This decision needs to be made as soon as possible, since we already have several families that have reserved their stay, as well as bought epic passes. If we need to change our fee structure we need to know ASAP. If you should decide to raise it more than the 10% already being paid, it will become a place that most families/tourists cannot afford to rent any longer, thus a lost income for Avon/Beaver Creek. We try to offer our rental at a price families can still afford to enjoy experiencing the wonderful mountains. We hope the Town of Avon will continue to make the right decisions as it has become a beautiful town for tourists to visit during all seasons. However, if you choose to not allow short term rentals in Chapel area, we will NOT change to long term rental. We enjoy coming out to use the condo during the non busy season, which would not allow us to offer it as a long term rental. Robert George, Chapel Square Unit 230 owner 608-406-6302 ATTACHMENT E STR Public Comment to Council for previous Council Meetings From:Morrison, Keith To:Short Term Rentals Subject:Proposed Short Term Rental Changes in Avon Date:Sunday, May 15, 2022 8:09:04 PM Attachments:image001.png To Whom It May Concern On behalf of my family, including my two children learning to ski at Beaver Creek, we are writing to express our STRONG opposition to proposed changes to short term rentals in the town of Avon. We are second home owners in Avon and have been significant contributors to the tax revenues of the town over the years by improving the property, and making our home available for visitors to Avon, while we are not personally using our home. While we understand there are issues with a shortage of housing, restricting short term rentals isn’t the solution. Our house is occupied by us or family and friends frequently throughout the year. Therefore, long term rentals are not an option for us. Working with the ski resorts, the county and the state to find long term sustainable solutions to this problem should be where the town council focuses its efforts, not on further restricting short term rentals. Restricting our ability to rent our house when we’re not there would not only NOT help with the housing supply issue, as it would never be made available as a long term rental, but would have a significant negative impact on tax revenues received by the town, while simultaneously negatively impacting the quality of family-friendly accommodations for visitors to Avon, who also bring money to the town and to local businesses. It’s difficult to imagine that there wouldn’t also be a deleterious effect on Avon neighborhoods from having vacant homes, like ours would be, for possibly large portions of the year. We strongly oppose changes to these rules. Not only will the issue of housing availability not be improved by these measures, the town and local businesses will be hurt by a significant decline in revenues generated by properties like ours - which are subject to the highest tax rates in Eagle county. Thank you for your consideration, -Keith Keith MorrisonSr. Director, Global Marketing | Patient MonitoringBlood Oxygen Management & Respiratory Compromise Medtronic6135 Gunbarrel Ave | Boulder, CO 80301 | USAOffice 303.305.2607 | Mobile 303.808.5863 keith.a.morrison@medtronic.com medtronic.com | Facebook | LinkedIn | Twitter | YouTube ATTACHMENT E STR Public Comment to Council for previous Council Meetings This information may be confidential and/or privileged. Use of this information by anyone other than the intended recipient is prohibited. If you receive this in error, please inform the sender and remove any record of this message. [CONFIDENTIALITY AND PRIVACY NOTICE] Information transmitted by this email is proprietary to Medtronic and is intended for use only by the individual or entity to which it is addressed, and may contain information that is private, privileged, confidential or exempt from disclosure under applicable law. If you are not the intended recipient or it appears that this mail has been forwarded to you without proper authority, you are notified that any use or dissemination of this information in any manner is strictly prohibited. In such cases, please delete this mail from your records. To view this notice in other languages you can either select the following link or manually copy and paste the link into the address bar of a web browser: http://emaildisclaimer.medtronic.com ATTACHMENT E STR Public Comment to Council for previous Council Meetings From:Dana Rubin To:Short Term Rentals Subject:letter of opposition to short term rental proposal Date:Monday, May 16, 2022 9:44:45 AM To Whom it May Concern, Please take into consideration the following reasons why we are STRONGLY against changing the terms of short term rentals. 1. Changing them will not help the issue of affordable housing, it actually could create the opposite effect. Because I use my property a lot during the year, long term rentals are not an option and with real estate selling at an all time high the long term rents would be unaffordable to most. 2. Short term rentals bring a lot of income into the town of Avon. Why would you want to limit that???? 3. Travelers looking for rentals would choose other places to go because short term rentals are a hugely desirable accommodation choice. We oppose changes to the current rules for short term rentals because of the above reasons and because it's been working so well the way things stand. Thank you for your time, Mitchell and Dana Runin ATTACHMENT E STR Public Comment to Council for previous Council Meetings -----Original Message----- From: matt Tonn <mtonn78@icloud.com> Sent: Tuesday, May 17, 2022 1:43 PM To: Council Everyone Group <council@avon.org > Subject: 5/17Comments for town council meeting All, my name is Matthew Tonn, Full time resident/Owner, here at: 816 W. Beaver Creek Blvd Lakeview Condominiums, Avon I’d like to comment on the t opic of STR. I strongly oppose STR in our Avon condominium/ apartment complexes as a whole. I am in favor of the recent re-zoning map that would no longer allow Lakeview at Benchmark Condominiums to STR. We are steps away from the elementary school(school zone). I cannot think of another town in the world that has hotels in a school zone? Clerkless hotels in our case. Community safety and security is being compromised by transient turn and burn rentals . Avon is loosing residents and community that I’ve grown to love over the past 22 years. Let’s keep our full time/ year round residents a top priority, please. There is no community without us. Matthew Tonn Lakeview at Benchmark Condos Sent from my iPhone ATTACHMENT E STR Public Comment to Council for previous Council Meetings 74% Increase of STRs in Overlay *Not including PUDs and Front Desk Properties Attachment F: Existing STR Conditions and Trends 57% Increase of STRs Outside of Town Core *Not including PUDs and Front Desk Properties Attachment F: Existing STR Conditions and Trends 10% Increase of STRs Outside of Town Core as % of Total STRs *Not including PUDs and Front Desk Properties Attachment F: Existing STR Conditions and Trends Property Name Total Units STR Licenses 2020 STR Liceneses 2021 Active STRs (6/2/2021 - 6/2/2022) Current % STRs Balas Townhouse Condos 811 1 13% Balas West Condos 900 0 0% Sonnen Halde Condos 16 0% Sherwood Meadows 20 0% Snowrun Townhomes 300 0 0% Alpenhaus 311 1 33% Chambertin 12 5 7 7 58% Nightstar 60% Rushmer Townhomes 612 1 17% Sunnyside at Avon 611 1 17% La Vie Bonne Townhomes 600 0 0% Timberloft 400 0 0% Beacon Hill / Bristol Pines 22 0 1 1 5% Benchmark Condos 92 7 9 10 11% Lakeview Condos 12 2 2 3 25% Stone Creek 30 5 7 10 33% Beaver Bench 44 8 9 9 20% Alpenflora 12 0 1 1 8% Bel Lago 12 2 5 4 33% Greenbrier 38 7 9 12 32% Buck Creek 34 2 3 3 9% Bridgewater Terrace 20 3 3 3 15% Liftview 165 4 7 13 8% Sunridge 198 13 24 29 15% TOTAL 758 62 92 109 14% Property Name Total Units STR Licenses 2020 STR Liceneses 2021 Active STRs (6/2/2021 - 6/2/2022) Current % STRs Canyon Run 70 15 16 15 21% Brookside 54 15 14 18 33% Stone Bridge 12 5 6 6 50% TOTAL 136 35 36 39 29% STRs Not Permitted by HOA Avon Short Term Rental Property Analysis Properties Outside the "Town Core" PUDs that Allow STRs Outside the "Town Core" Attachment F: Existing STR Conditions and Trends Property Name Total Units STR Licenses 2020 STR Licenses 2021 Active STR Licenses (6/2/2021 - 6/2/2022) - No Front Desk STR Units Available (6/2/2021 - 6/2/2022) Avon Town Square Condos 26 3 3 4 4 Chapel Square 69 12 17 27 27 Seasons at Avon 103 15 18 20 59 Avon Center 52 6 7 9 9 Riverfront 52 4 7 5 52 Avon Lake Villas 56 18 18 20 20 Beaver Creek West 124 18 18 17 74 Lakeside Terrace 31 2 2 2 31 Base Camp 14 2 2 2 2 The Ascent 49 11 8 10 25 TOTAL 576 91 100 116 303 16% 17% 20% 53% Property Name Total Units STR Licenses 2020 STR Liceneses 2021 Active STRs (6/2/2021 - 6/2/2022) Current % STRs Avon Town Square Condos 26 3 3 4 7% Chapel Square 69 12 17 27 39% Seasons at Avon 103 15 18 20 19% Avon Center 52 6 7 9 17% Riverfront 52 4 7 5 10% Avon Lake Villas 56 18 18 20 36% Beaver Creek West 124 18 18 17 14% Lakeside Terrace 31 2 2 2 6% Base Camp 14 2 2 2 14% The Ascent 49 11 8 10 20% Frontgate 83 TOTAL 659 91 100 116 18% Properties Inside the "Town Core" Newly Proposed Town Core Newly Proposed Town Core Properties Inside the "Town Core" Including Frontgate Attachment F: Existing STR Conditions and Trends 970-748-4413 matt@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Matt Pielsticker, Planning Director RE: Lot 3/Lot B Development Concept DATE: July 21, 2022 SUMMARY: This report presents a development concept for Lot 3 and Lot B (both adjacent to Town Hall) which would utilize tax increment financing of the Avon Urban Renewal Authority to meet certain parking requirements while facilitating development of residential housing and a commercial hotel. Staff has discussed coordinated development with the property owner of Lot 3, Mountain Vista Resort Subdivision, and prospective purchasers of Lot B, Avon Center Subdivision. Due to the site configuration and history of reciprocal easements, a coordinated entrance off West Beaver Creek Blvd is beneficial to the Town and both lot owners. In addition, Lot B has an obligation to provide parking for the Avon Center property which dates back to the Town’s original approval of Avon Center in the late 1980’s. This parking obligation was the subject of a lawsuit in the mid 2000’s and has been an on -going impediment to the development of Lot B. DEVELOPMENT CONCEPT: The attached development concept (“Attachment A”) illustrates a coordinated project with the following key elements: • Shared access from W. Beaver Creek Boulevard, realigned with Sun Road intersection • 200 Room Hotel on Lot 3 with 2 levels of underground parking • 140 Unit Apartment Development on Lot B with some portion subject to a permanent Community Housing Deed Restriction (Staff has stated 50% as a target goal) • 3 levels of structured parking (1 at grade, 2 below grade) with one level to be funded by Avon Urban Renewal Authority and dedicated to Town of Avon (approximately 90-96 parking spaces) • Pedestrian connection from W. Beaver Creek Boulevard to Main Street Mall • Access to Avon Center garage through Lot B site PUBLIC BENEFITS: Staff has recognized the challenges of development of Lot 3 and Lot B and identifies the following public benefits from this Development Concept: 1. Coordinated access from West Beaver Creek Boulevard 2. Development of public parking the central core area which is adjacent to Main Street Pedestrian Mall and very near Gondola Plaza 3. Development of deed restricted Community Housing in Town Core 4. Facilitating development of a commercial hotel, which is a significant contributor to the local economy and would support local businesses with additional visitor traffic 5. Establishment of a strong pedestrian connection from West Beaver Creek Boulevard to the Main Street Pedestrian Mall 6. Facilitating in-fill development in the West Town Center Plan area The purpose of this work session is to determine Council support and interest in using of Urban Renewal funds for development of public parking. The existing West Town Center Development Plan includes goals Page 2 of 3 to use the Avon Urban Renewal Authority to facility development and to create additional public parking. The development of structured parking is roughly anticipated to cost $100,000 per vehicle space; therefore, the funding of a public parking garage would likely cost between $9M to $10M. The development of public parking on Lot B would resolve a long-standing The work session is not a substitute for a formal development review process. Full development review of site layout and architectural would include public hearings with the Planning and Zoning Commission, and final action by the Town Council. FINANCING CONSIDERATIONS: Both projects would generate additional tax increment revenues through the Avon Urban Renewal Authority. These revenues could be used for Tax Increment Financing (“TIF”). The TIF authority in the West Town Center Development Plan expires in 2032, so there is a closing window on the use of TIF authority for this Urban Renewal Authority area. Initial TIF revenue projections are shown as follows: Lot B Assumptions: • Market Value - $60,500,000 • Residential Assessment Ratio – 7.15% • Partial Valuation at 12/31/23 – 50% • 128.912 Total Overlapping Mill Rate TIF Collections: • 2025 - $278,821 • 2026-2032 - $557,641 (per year) • Potential $4.1M Total TIF funds Lot 3 Assumptions: • Market Value - $55,000,000 • Commercial Assessment Ratio – 29.00% • Partial Valuation at 12/31/23 – 50% • 71.867 Total Overlapping Mill Rate TIF collections are as follows: • 2025 - $573,139 • 2026-2032 - $1,146,278 (per year) • Potential $8.5M Total TIF funds Note: There is a two-year lag between end-of-year valuation and tax collection. The rough concept is that the Avon Urban Renewal Authority TIF revenues would be used to fund the public parking garage. Staff is proposing that the TIF funds from these two projects be pledged to fund a public parking level up to a maximum dollar amount and only from TIF funds actually realized from the development of these two properties. As proposed, Town’s general fund monies would not be pledged, and other Avon Urban Renewal Authority monies would not be pledged. Of course, this type of urban renewal authority financing is complex and would involve additional analysis and work to define all the details. Staff is presenting to Council to determine Council interest at a conceptual level and whether Staff should invest further effort in pursuing this type of “private-private-public partnership”. BACKGROUND: The Avon Center development was originally planned as a three-phase project. The existing development represents the only phase constructed. As a result, Lot B has long standing commitments to provide parking spaces for use by the Avon Center. A hotel project was approved for Lot B in 2016, and that development approval has since expired. Page 3 of 3 The Sheraton Mountain Vista property was originally zoned Planned Unit Development (“PUD”) , but was rezoned to Town Center in 2016 and subsequently purchased by a hotel developer in 2022. This property retains credit for employee housing units that were constructed as part of Sheraton’s first timeshare phase. Vicinity Map OPTIONS: 1. Direct Staff to pursue a potential Avon Urban Renewal Authority project to develop public parking on Lot B. 2. Continue Work Session for additional consideration 3. Direct Staff to not pursue potential Avon Urban Renewal Authority project further for Lot 3 and Lot B under the current development concept. Thank you, Matt ATTACHMENT: A: Avon Center Site Plan Concept, Dated July 15, 2022 ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager RE: Ord 22-11 Recall Procedures DATE: July 21, 2022 SUMMARY: Ordinance 22-11 Recall Procedures is presented for Council consideration for second and final reading. Council identified the adoption of an ordinance establishing recall procedures as a Tier 1 goal for 2022. Council approved first reading of Ordinance 22-11 at the June 14, 2022 regular Council meeting. The purpose of adopting recall procedures is to clarify the procedures for the general public who may utilize their constitutional right of recall and for the Town Clerk’s office which is required to process and administer any recall petitions. Revisions from first reading are shown in underline strikeout. CHANGES FROM FIRST READING: A number of grammar revisions were made and a general authority statement was added at the beginning. Substantive changes include the following:  References to a material misstatement of fact and the ability to change, prohibit or reject a Petition based on material misstatement of fact were deleted because the Town Attorney finds that such exercise of discretion by the Town Clerk is likely to be unconstitutional.  The provision that would hold that the failure to submit a petition form within the required timeframe would constitute a “failed recall” and trigger the higher 50% signature requirement for a second recall is deleted as inconsistent with state recall procedures and highly likely to be deemed unconstitutional in frustrating citizen rights of recall.  The determination of the form of a recall petition is revised to delegate that authority to the Town Clerk, which is consistent with general practice for elections, including initiative, referendum and recall. REQUIRED SIGNATURES: Two options are presented with regard to the calculation of the required number of voter signatures. ALTERNATIVE 1 would include “undervotes”, which was the legal position that the Town of Avon. The District Court ruled against this interpretation and the Town Council decided to not appeal that ruling in order to not further delay the citizen’s rights of recall. The District Court’s ruling is limited to the recall petition submitted in 2019 and is not binding on the Council’s adoption of recall procedures. This legal issue was not appealed; therefore, there is potential for legal challenge in the future on this definition of the required number of signatures. ALTERNATIVE 2 would not include “undervotes” and would follow the ruling of the District Court on the definition of required number of signatures. CONSTITUTIONAL RIGHT OF RECALL: Citizens throughout Colorado have a right of recall as established in Article XXI of the Colorado Constitution. The Avon Home Rule Charter sets forth the citizens’ rights of recall in Section 3.7, which states as follows: Section 3.5 - Recall. Any elected official or elected officer of the Town may be recalled at any time after 90 days in office by the electors entitled to vote for a successor of such incumbent through the procedure in the manner provided for in Article XXI of Page 2 of 2 the State Constitution. Consistent with the Constitution and this Charter, the Council may provide by ordinance for further recall procedures. One area of confusion or complication is that the Avon Home Rule Charter references the constitutional process for recall, which includes recall of state legislative elected officials, while the Colorado Revised Statutes sets forth similar, but slightly different, recall procedures for municipal officials. These recall procedures will reconcile any ambiguities between the state process and municipal process for recall. DRAFT RECALL PROCEDURES: A draft of the Recall Procedures are included in Ordinance 22-11. The suggested process is to set a public hearing and second reading for July 26, 2022 to allow time for review of these procedures. Recalls occur very infrequently so it would be worthwhile to give attention to these recall procedures before adoption. ADOPTION PROCESS: Staff will post these draft procedures on the Town’s website to make them available for public comment. Council may desire to designate one or more Council members to participate in reviewing this first reading draft of the recall procedures for second reading. IMPLEMENTATION: If Ordinance No 22-11 is adopted, Staff will prepare these Recall Procedures in a more public friendly brochure format that non-lawyers can better understand and use. PROPOSED MOTION: “I move to approve Ordinance No. 22-11 Enacting Chapter 2.29 Recall Procedures of the Avon Municipal Code on Second and Final Reading with Alternative [1 or 2] to determine the required number of signatures.” Thank you, Eric ATTACHMENT: Ordinance No. 22-11 Enacting Section 2.29 Recall Procedures Ord 22-11 Recall Procedures 2nd and FINAL Reading, July 26 2022 Page 1 of 3 ORDINANCE NO. 22-11 ENACTING CHAPTER 2.29 RECALL PROCEDURES OF THE AVON MUNICIPAL CODE WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, the Town Council of the Town of Avon (“Council”) finds that a well defined procedure for the recall of Council members will benefit the public confidence and participation the constitutional rights of recall; and WHEREAS, Section 3.5 Recall of the Town of Avon Home Rule Charter states that the Council may provide by ordinance for recall procedures; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Section 2.29 Enacted. Section 2.29 Recall Procedures of the Avon Municipal Code is enacted in its entirety to read as set forth in Exhibit A: Section 2.29 Recall Procedures. Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional ATTACHMENT A: Ord 22-11 Recall Procedures Ord 22-11 Recall Procedures 2nd and FINAL Reading, July 26 2022 Page 2 of 3 or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [SIGNATURE PAGE FOLLOWS] ATTACHMENT A: Ord 22-11 Recall Procedures Ord 22-11 Recall Procedures 2nd and FINAL Reading, July 26 2022 Page 3 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on June 14, 2022 and setting such public hearing for July 26 , 2022 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: ________________________ ____________________________ Sarah Smith Hymes, Mayor Patty McKenny, Town Clerk ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on July 26, 2022. BY: ATTEST: ________________________ ____________________________ Sarah Smith Hymes, Mayor Patty McKenny, Town Clerk APPROVED AS TO FORM: _____________________________ Karl Hanlon, Town Attorney ATTACHMENT A: Ord 22-11 Recall Procedures Chapter 2.29 – Procedures for Recall of Councilmembers EXHIBIT A: ADDITIONENACTMENT OF CHAPTER 2.29 TO TITLE 2 OF THE AVON MUNICIPAL CODE CHAPTER 2.29 Recall of CouncilmembersProcedures 2.29.010 - The recall. (a) Authority. These recall procedures are adopted pursuant to Article XXI of the Colorado Constitution. To the extent these recall procedures conflict with C.R.S. 31-4- 501 et seq., this Chapter 2.29 controls. (a)(b) Power. Any elective officer of the Town may be recalled from office, through the procedure and in the manner provided herein, by the registered electors entitled to vote for a successor of such incumbent officer. For purposes of this Title, the words "“registered elector"” shall be construed to mean persons residing within the Town who are registered to vote in Town elections as of the date they signed the petition for recall. No recall petition shall be circulated or filed against any officer (i) until the officer has actually held office for at least one (1) yearninety (90) days in the officer'sofficer’s current term, nor (ii) within nine (9) months of the end of such term. The procedure to effect a recall shall be as provided in this Title. These procedures for recall of elected officials shall be interpreted to be consistent with the Article XXI of the State Constitution and the Charter. (b)(c) Commencement of proceedings; affidavit and sworn statement. One (1) or more registered electors entitled to vote for a successor of such incumbent officer may commence recall proceedings by filing with the Town Clerk an affidavit of not more than two hundred (200) words stating the reasons or ground(s) for the recall of the officer sought to be removed. A separate affidavit shall be filed for each officer sought to be recalled. Within two (2) business days after the filing of the affidavit, the Town Clerk shall email and mail a copy by either method showing actual receipt by the affected officer. Within five (5) business days after the date of the Town Clerk sends the affidavit to the affected officer, the affected officer may file with the Town Clerk a sworn statement of not more than three hundred (300) words in defense of the charges. The affidavit and the sworn statement in defense are intended for the information of the registered electors, who shall be the sole and exclusive judges of the sufficiency of the grounds assigned for the recall, and the defense of the charges, and said grounds and defense shall not be open to judicial review; provided that they do not contain any misstatement of material fact. Within ten (10) days after the date by which any statement in defense must be filed, a petition for recall of the officer shall be submitted to the Town Clerk for approval of the form of the petition containing the grounds and the defense in accordance with Section 2.29.202(b) of this Chapter by the registered elector who submitted the affidavit. The petition shall be circulated, signed, verified and filed in the manner provided in Section 2.29.020. If no petition for recall has been submitted to the Town Clerk for approval of its form within the time period specified above, the recall proceedings shall be terminated and it will be counted as an unsuccessful recall for     purposes of Section below (that requires signatures of 50% of ballots cast for subsequent recall efforts during the same term). (c)(d) Call of election. A recall election shall be for the dual purposes of voting on the recall of the officer sought to be removed and the election of a successor. Upon the Town Clerk’s presentation to Council of a petition that is certified sufficient under Section 2.29.020(g), the Council shall set a date for the election which shall be held on a Tuesday not less than sixty (60) nor more than one hundred twenty (120) days from the date of presentation of the certified petition to Council. However, if any other Town election is to occur within one hundred eighty (180) days from the presentation of the certified petition to Council, the recall election shall be postponed and consolidated with such other Town election. The order setting a date for the recall election shall not become effective until five (5ten (10) days from the presentation of the certified petition to Council. If the officer resigns within the fiveten-day period, the vacancy may be filled by appointment in accordance with the Charter. If a vacancy occurs in the affected office after the effective date of the order, an election to fill the vacancy shall nevertheless proceed. (d)(e) Disqualification for office. No person who has been recalled or has resigned after the Town Clerk’s presentation to Council of a certified, sufficient petition for recall of such person shall serve the Town in any elected or appointed capacity within two (2) years after such removal or resignation. 2.29.020 - Petitions. (a) Separate petitions required. A separate petition shall be circulated and filed for each officer sought to be recalled. (b) Form and content. (1) Approval of form. No petition shall be circulated until the Town Clerk, or another representative of the Town designated by the Town Clerk, has approved the form for circulation. The Town Clerk shall first determine that the petition form contains only the matters required by this Title. The Council shallTown Clerk may prescribe by ordinance, upon recommendation of the Town Clerk, a general form of petition which shall contain warnings and notices to signers as deemed necessary by the Town Clerk. The Town Clerk’s approval under this Section shall not constitute an approval of the content of the petition, but rather, shall start the running of the time periods provided for circulation and filing of petitions for recall. (2) Statement of purpose. The petition shall be addressed to Council and shall contain or have attached to each petition section throughout its circulation a copy of the reasons or ground(s) set forth in the affidavit on file with the Town Clerk, and if     requested by the officer sought to be recalled, a copy of the officer’s statement in defense. (3) Petition Committee. Each petition shall designate by name, email address and mailing address, not less than three (3) nor more than five (5) registered electors of the Town who shall represent the signers of the petition in all matters affecting the petition, and who endorse the petition. Each of the petition representatives shall complete and provide to the Town Clerk an affidavit affirming each representative has consented to their role as a recall petition representative, and such representative is aware of and supports the reasons or grounds underlying the recall of the officer as provided to the Town Clerk pursuant to Section 2.29.010(b). Notice or service of process to any petition representative will be deemed to be notice or service of process on all of the petition representatives. Any action required to be taken by the petition representatives, must be set forth in an Affidavit signed by a majority of the petition representatives. (4) Signatures. Only registered electors of the Town on the date of their signature on the petition may sign the petitions authorized under this Title. Each signer must sign his or her own signature and each signature shall be followed by the legible and printed name of the signer, the street and number address of the registered elector’s residence which must be identical to the address contained in that registered elector’s voter registration on file at the County of Eagle, and the date of signing of the petition. No person shall knowingly sign his or her name more than once for the recall of the same officer. No petition shall be circulated until such time as the Town Clerk has calculated and approved the number of valid signatures required for the petition to be deemed sufficient in accordance with this Title. Any signer of a petition may have his or her signature removed by filing a written demand therefore with the Town Clerk within five (5) business days of the filing of a signed petition. (c) Circulation of petition. Prior to the circulation of any petition, a majority of the designated petition representatives shall meet with the Town Clerk and the Town Attorney for the purpose of confirming the number of valid signatures required for petition for recall to be deemed sufficient and for the purpose of confirming the circulation procedures and restrictions. The petition may be circulated and signed in sections with each section consisting of one (1) or more sheets securely fastened at the top, provided that each section contains a full and accurate copy of the text of the petition in the form approved by the Town Clerk and the names and addresses of the designated petition representative for that section of the petition. The affidavit required pursuant to subsection (d) herein must be securely fastened at the top to each circulated petition section. The designated petition representative’s affidavit shall not be removed at any time from the circulated petition section. All petition sections shall be filed with the Town Clerk as one (1) instrument. Only persons eighteen (18) years of age or older may circulate the petition for signatures. The circulation of any petition by any medium other than personally by a circulator is prohibited. No person shall receive any compensation whatever for signing a recall petition.     (d) Affidavit of circulator. A circulator shall attach to each section of the petition circulated, an affidavit signed by the circulator under oath before a notary public stating the following: (1) the circulator’s address of residence; (2) that the circulator is eighteen (18) years of age or older; (3) that he or she personally circulated the petition section; (4) that each signature was affixed in the circulator's presence; (5) that no information pertaining to a signer was completed by the petition circulator or any petition representative; (6) that to the best of the circulator’s knowledge and belief each signer was at the time of signing the petition a registered elector of the Town; (7) that to the best of the circulator’s knowledge and belief each signature is the genuine signature of the person whose name it purports to be; (8) that each signer had an opportunity before signing to read the full text of the petition; and (9) that the circulator has not paid or offered to pay any money or other thing of value to any signer for the purpose of inducing or causing the signer to affix his or her signature to the petition. (e) Number of signatures required. (1) First recall attempt. The petition must be signed by registered electors equal in number to at least twenty-five (25) percent of the number of registered electors of the Town who cast a ballotentire vote cast at the most recent preceding regular Town election for any candidate for the office to which the officer sought to be recalled was elected as one of the officers thereof. (2) Subsequent recall attempts. After one (1) recall petition and election, which does not result in a successful recall of an officer, another recall petition filed against the same officer during the same term must be signed by registered electors equal in number to at least fifty (50) percent of the number of ballotsentire vote cast at the last     preceding regular Town election for all candidates for the office to which the officer sought to be recalled was elected as one of the officers thereof. (3) Calculation of signatures required. The following formula shall be used to determine the total signatures required: Alt. 1: [Total votes for all candidates + total votes cast for no candidate (i.e. undervotes)] X 0.25 ÷ number of Council seats to be filled in the preceding regular Town election. Alt. 2. Total votes for all candidates X 0.25 ÷ number of Council seats to be filled in the last preceding regular Town election. (f) Place of filing, time limits. Petitions for recall shall be filed with the Town Clerk within thirty (30) days of the Town Clerk’s approval of the form of petition for circulation under Section 2.29.020(b)(1). The petition representatives filing the recall petition shall sign an affidavit affirming that they each have not tampered with or completed any information on the petition for any signers other than signing their own name on the petition as a registered elector in the Town of Avon. (g) Determination of sufficiency of petition; certification. Within five (5) business days of the filing of a signed petition, the Town Clerk shall ascertain by examination of the petition and the County of Eagle’s voter registration record whether the petition is signed by the requisite number of registered electors and otherwise satisfies the requirements of this Title. If the petition is determined by the Town Clerk to be insufficient, the Town Clerk shall so certify and forthwith notify the petition representatives in writing by email at the email address provided by such Petition Representative pursuant to Section __ above, specifying the particulars of insufficiency. A copy of the Town Clerk’s certification and written report shall also be immediately emailed to the Petition Representatives and to the affected officer at its avon.org address. If the petition is determined by the Town Clerk to be sufficient, the Town Clerk shall proceed under Section 2.29.020(j). (h) Protest. Any registered elector may protest the sufficiency of a signed petition, and such registered elector shall file a written protest, under oath, in the office of the Town Clerk within ten (10) days of the filing of the signed petition with the Town Clerk or within five (5) days of any re-filing of a signed petition after withdrawlwithdrawal and amendment. The protest shall set forth with particularity the grounds of protest and the names and defects in form that are protested. [Except for any misstatement of material fact, t]heThe designated petition representatives’ reasons and grounds for the recall may not be protested nor may the officer’s sworn statement in defense be protested. Upon the filing of a written protest, the Town Clerk shall set a time for hearing such protest, which shall be no less than seven (7) business days and no more than fourteen (14) business days after the last day on which a protest could be filed. The hearing on such protest shall be conducted by a judge or an attorney in good standing in the State of Colorado, which judge or attorney shall be designated by the Town Clerk in the Town Clerk’s sole discretion. At least seven (7) business days before the hearing, the Town Clerk shall email and mail a copy of the protest to all members of the recall committee and allofall of the designated petition representatives     and the officer affected by the recall together with a notice of the date and time for hearing. All records and hearings shall be before the Town Clerk’s designee who shall have the power to issue subpoenas to compel the attendance of witnesses to testify and the production of documents. All records and hearings shall be public, and all testimony shall be under oath. The hearing shall be summary in nature and concluded within thirty (30) days after the signed petition was filed with the Town Clerk. The Town Clerk’s designee shall decide and certify to the Town Clerk the results of the protest hearing within ten (10) business days after the hearing is concluded. (i) Opportunity to Amend. In case the signed petition is deemed by the Town Clerk to be insufficient, whether following the initial determination by the Town Clerk or following protest proceedings, it may be withdrawn, amended and re-filed, one (1) time only by the written authorization signed by a majority of the designated petition representatives, within fifteen (15) days from the filing of the Town Clerk’s certificate of insufficiency. Upon any withdrawal of the signed petition, the petition may only be amended by the addition of any required information relating to a signer thereof by the respective signer thereof, and the attachment of an updated circulator affidavits stating the changes that were made to the petition between the initial submission of the petition and the re-filing of the petition in addition to restatements of the requirements set forth in 2.29.020(d) reqardingregarding the re-filed petition. . Any amended petition must be re-filed with the Town Clerk within such fifteen -day period. In its opportunity to curing deficiencies under this subsection, the petition may not be re-circulated with a revised or corrected form of petition and no new signatures may be collected. The Town Clerk shall, within five (5) days after re-filing such amendment, re-examine the amended signed petition and re-certify the result in accordance with this Title. (j) Delivery to Council. When and if a petition or amended signed petition is deemed sufficient, whether following the initial sufficiency determination by the Town Clerk in the absence of a protest, following protest proceedings, or upon re-examination of an amendment, the Town Clerk shall so certify and present the certified petition to the Council at its next regularly scheduled meeting. The Town Clerk’s certificate shall then be a final determination as to the sufficiency of the petition. 2.29.30030 - Elections. (a) Generally. Elections on recall shall be conducted in the same manner as provided generally for regular or special Town elections in the Charter. All Charter provisions related to nomination and qualification of candidates shall apply to recall elections. (b) Nominations on recall. Anyone desiring to become a candidate at the recall election shall do so by nominating petition as required in Article III of the Charter. The deadline for filing a nominating petition for a recall election shall be as established by ordinance of the Council. If more than one (1) officer is sought to be recalled, then the nominating petition must specify which incumbent officer affected by the recall the candidate seeks     to succeed. The name of the person against whom the recall petition was filed shall not appear on the ballot as a candidate for that office. (c) Ballots. There shall be printed on the official ballot, as to every officer whose recall is to be voted on, the statement of reasons or grounds and, if requested by the affected officer, the officer’s sworn statement in defense followed by the words, “Shall (name of person against whom the recall petition is filed) be recalled from the office of Avon Town Council member?” Following such question shall appear the words, “Yes” indicating a vote in favor of the recall and “No” indicating a vote against such recall. On such ballots, under each question, there shall also be printed the names of those persons who have been nominated as candidates to succeed the person sought to be recalled. It shall not be a requirement for a voter to vote on the question of the recall in order for their vote on a succeeding candidate to be counted. (d) Election results. If a majority of those voting on the question of the recall of any incumbent from office votes “No, the incumbent continues in office. If a majority votes “Yes” for the incumbent's removal, the incumbent shall thereupon be deemed removed from his or her office upon the taking of the oath of office by his or her successor. If the officer is recalled, the candidate for succession receiving the highest number of votes at the election shall be declared elected for the remainder of the incumbent's term. The candidate elected shall take office upon taking the oath of office, which shall occur as the first order of business at the next regular or special Council meeting. In case the candidate elected fails to take the oath of office within thirty (30) days after the issuance of a certificate of election, the candidate with the next highest vote shall be elected, and if there is no other elected successor who takes the oath of office, the office shall be deemed vacant and shall be filled in accordance with the Charter. (e) Reimbursement. If at any recall election the incumbent officer whose recall is sought is not recalled, or in the event of a protest the Town Clerk’s designated hearing officer determines that the petition is not sufficient based on the conduct of one or more petition circulators or designated petition representatives, the Town will reimburse the incumbent officer for monies actually spent by the incumbent officer in connection with the recall. Authorized expenses include monies spent in challenging the sufficiency of the recall petition, writing the sworn statement in defense, attorneys fees, and campaign literature and advertising. Unauthorized expenses include monies spent on challenges and court actions not pertaining to the sufficiency of the recall petition, the incumbent officer’s personal meals, lodging and mileage, costs of a campaign staff or headquarters, reimbursement for expenses incurred by a committee which has collected donations under Section 1.14.050 of this Code, and expenses incurred prior to the filing for approval of the recall petition form. 2.29.40040 – Penalties (a) A person shall not knowingly or under circumstances amounting to criminal negligence:     1. Misrepresent, attempt to misrepresent or assist or conspire with another person to misrepresent or attempt to misrepresent the intent or content of a petition for the recall of a public officer which is circulated pursuant to the provisions of this Title; or 2. Obtain, attempt to obtain or assist or conspire with another person to obtain or attempt to obtain a false, forged, coerced or unauthorized signature on a petition for the recall of a public officer which is circulated pursuant to the provisions of this chapter. (b) Criminal Penalties. Any person who knowingly violates any provision of this Chapter is guilty of a misdemeanor and shall be punished by a fine not exceeding three hundred dollars ($300.00) or imprisonment for a period of not more than ninety (90) days or both such fine and imprisonment. (c) Civil Penalties. Any person who violates any of the reporting provisions of this Chapter shall be liable in any civil action initiated by the Town Attorney or by a person residing within the Town for an amount not more than the amount or value not properly reported. 2.29.50050 - Further regulations. The Council may, by resolution, make such further rules and regulations as are consistent with the Charter and the Colorado Constitution in order to carry out the provisions of this Title.  Page 1 TOWN COUNCIL REPORT To: Honorable Mayor Sarah Smith Hymes and Avon Town Council From: Scott Wright, Finance Director Date: July 20, 2022 Re: 2021 Annual Comprehensive Financial Report and Communication with Governing Body Introduction and Action Before Council On Tuesday evening, Paul Backes with McMahon & Associates, the Town’s independent auditing firm, will present their audit findings to the Avon Town Council. Proposed Motion After presentation of the audit report from the auditors, the appropriate action would be for Town Council to accept the report. The recommended motion would be “Move to accept the 2021 Annual Comprehensive Financial Report.” Additional Information In addition to presenting their audit findings, it is common for the auditors to make recommendations regarding internal controls and policies and procedures to help the Town operate as efficiently as possible with the highest degree of transparency and integrity. The auditors had two recommendations from the 2021 audit related to segregation of duties that are included in Attachment A. The Finance Department agrees with the auditor’s findings and has responded as to how we will incorporate their recommendations into our processes. Scott Attachments: A. Communication with Governing Body McMahan and Associates, l.l.c. Certified Public Accountants and Consultants Web Site: www.mcmahancpa.com Chapel Square, Bldg C Main Office: (970) 845-8800 245 Chapel Place, Suite 300 Facsimile: (970) 845-8108 P.O. Box 5850, Avon, CO 81620 E-mail: mcmahan@mcmahancpa.co Member: American Institute of Certified Public Accountants Paul J. Backes, CPA, CGMA Avon: (970) 845-8800 Michael N. Jenkins, CA, CPA, CGMA Aspen: (970) 544-3996 Daniel R. Cudahy, CPA, CGMA Frisco: (970) 668-3481 M & A To the Honorable Mayor and Town Council Town of Avon, Colorado We have audited the financial statements of Town of Avon, Colorado for the year ended December 31, 2021. Professional standards require that we provide you with the following information related to our audit. Qualitative Aspects of Accounting Policies Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by Town of Avon, Colorado are described in the Notes to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during the year. We noted no transactions entered into by the governmental unit during the year for which there is a lack of authoritative guidance or consensus. There are no significant transactions that have been recognized in the financial statements in a different period than when the transaction occurred. Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements were: Estimated useful lives for depreciation on fixed assets: Management’s estimate of depreciation is based on industry practice and experience. Allowance for doubtful accounts: The Town has a number of receivables from developers and others. Some of the amounts owed to the Town may be uncollectable. The Town has recorded an allowance for doubtful accounts to reflect any anticipated default on receivables. Estimated claims reserve: Management’s estimate of the claims reserve liability is based on actual claims activity relative to stop loss refunds and premiums charged to departments. We evaluated the key factors and assumptions used to develop estimates above and found that they are reasonable in relation to the financial statements taken as a whole. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. There were no misstatements detected as a result of audit procedures which were material, either individually or in the aggregate, to the financial statements taken as a whole. To the Honorable Mayor and Town Council Town of Avon, Colorado Page 2 Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor’s report. We are pleased to report that no such disagreements arose during the course of our audit Management Representations As is required in an audit engagement we have requested certain representations from management that are included in the management representation letter. We noted certain matters related to opportunities for improvement of internal controls and day-to-day operations, which are presented for your consideration below: Segregation of Duties: A fundamental part of a good internal control system is that no single individual will have access to both an asset and its related reconciliation and/or recording in the general ledger. Payroll Processing One person is responsible for inputting pay rates and deductions into the payroll system, processing the payroll and preparing the journal entry. This combination of duties is incompatible and increases the chance of error or fraud going undetected. We suggest that the Finance Manager review payroll details, including any payroll changes such as pay rate changes or the addition of new employees to verify the accuracy of these inputs into the payroll system. This review should be evidenced by the Finance Manager’s signature and date on each payroll report being approved. Accounts Payable Processing Management interviews indicated that disbursements are able to be processed by one individual. The accounts payable clerk is currently inputting the data into the accounting software, able to update or modify vendor details, and printing checks with the authorized signature. The Town is exposed to the risk of misappropriation of assets through the payment of unauthorized disbursements. This risk could be mitigated through a greater segregation of duties. We recommend that someone other than the AP clerk have access to modify vendor details. Governmental Accounting Standards Board Statement 87: Financial reporting standards for the Town are promulgated by the Governmental Accounting Standards Board (“GASB”). GASB has issued Statement 87 (“GASB 87”), which will require recognition of certain lease assets and liabilities for leases that previously were classified as operating leases and recognized as inflows of resources or outflows of resources based on the payment provisions of the contract. GASB 87 is required to be implemented for periods beginning after June 15, 2021. This letter is intended solely for the information and use of the Town Council, management, and others within the organization and is not intended to be, and should not be, used by anyone other than those specified parties. Sincerely, McMahan and Associates, L.L.C. July 20, 2022 Annual Comprehensive Financial Report for the year ended December 31, 2021 Town of Avon 100 Mikaela Way ▪ Avon, CO ▪ 81620 ▪ www.avon.org Town of Avon, Colorado Annual Comprehensive Financial Report for the year ended December 31, 2021 Prepared by: Scott C. Wright, CPA, CPFO Director of Finance TOWN OF AVON, COLORADO LIST OF ELECTED AND APPOINTED OFFICIALS December 31, 2021 TOWN COUNCIL Sarah Smith Hymes, Mayor Amy Phillips, Mayor Pro Tem Russell Andrade Lindsay Hardy Scott Prince Chico Thuon Tamra N. Underwood MANAGEMENT Eric Heil, Town Manager Scott Wright, Finance Director Michael LaBagh, Recreation Director Greg Daly, Police Chief Justin Hildreth, Town Engineer Craig Wilmers, Fleet Manager Gary Padilla, Public Works Director Matt Pielsticker, Planning Director Lance Richards, Human Resources Director Eva Wilson, Mobility Director i TOWN OF AVON, COLORADO ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED DECEMBER 31, 2021 TABLE OF CONTENTS INTRODUCTION Letter of Transmittal Certificate of Achievement for Excellence in Financial Reporting Town of Avon Organization Chart FINANCIAL SECTION Independent Auditor’s Report Management’s Discussion and Analysis Basic Financial Statements Government-wide Financial Statements: Statement of Net Position Statement of Activities Fund Financial Statements: Balance Sheet – Governmental Funds Statement of Revenues, Expenditures and Changes in Fund Balances – Governmental Funds Statement of Net Position – Proprietary Funds Statement of Revenues, Expenses and Changes in Fund Net Position – Proprietary Funds Statement of Cash Flows – Proprietary Funds Notes to the Financial Statements Required Supplemental Information Schedule of Revenues, Expenditures and Changes in Fund Balances (Budgetary Basis) – Budget and Actual – General Fund Schedule of Revenues, Expenditures and Changes in Fund Balances (Budgetary Basis) – Budget and Actual – Avon Urban Renewal Authority Fund Notes to Required Supplemental Information Page v-ix x xi 1-3 4-17 19 20-21 22-23 24-25 26 27 28-29 30-54 55 56 57 TOWN OF AVON, COLORADO ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED DECEMBER 31, 2021 TABLE OF CONTENTS - CONTINUED ii Other Supplemental Information Nonmajor Governmental Funds Combining Balance Sheet – Nonmajor Governmental Funds Combining Statement of Revenues, Expenditures and Changes in Fund Balances – Nonmajor Governmental Funds Schedules of Revenues, Expenditures and Changes in Fund Balances (Budgetary Basis) - Budget and Actual: Water Fund Community Enhancement Fund Community Housing Fund Exterior Energy Offset Fund Disposable Paper Bag Fee Fund Debt Service Fund Capital Projects Fund Mobility Fund Fleet Maintenance Fund Equipment Replacement Fund Miscellaneous Schedules: Debt Schedule Detailed Schedule of General Fund Expenditures (Budgetary Basis) – Budget and Actual Detailed Schedule of General Fund Revenues (Budgetary Basis) – Budget and Actual Schedule of Capital Project Fund Project Expenditures (Budgetary Basis) – Budget and Actual Local Highway Finance Report STATISTICAL SECTION Net Position by Component Changes in Net Position Changes in Fund Balances, Governmental Funds Fund Balances, Governmental Funds Tax Revenues by Source, Governmental Funds Assessed Value and Actual Value of Taxable Property Direct and Overlapping Property Tax Rates Principal Taxpayers Property Tax Levies and Collections Ratios of Outstanding Debt by Type Page 59 60-61 62-63 64 65 66 67 68 69 70 72-73 74-75 78-79 81 82-83 84-86 88-89 90-91 94-95 96-99 100-101 102 103 104 105 106 107 108 iii STATISTICAL SECTION (continued) Direct and Overlapping Governmental Activities Debt Ratio of General Bonded Debt Outstanding and Legal Debt Margin Demographic and Economic Statistics Principal Employers Commercial and Residential Construction Full-time Equivalent Employees by Function / Program Operating Indicators by Function / Program SINGLE AUDIT SECTION Notes to Schedule of Federal Awards Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Governmental Auditing Standards Report on Compliance for Each Major Program and on Internal Control Over Compliance Required by the Uniform Guidance Schedule of Prior Year Findings and Questioned Costs Schedule of Expenditures of Federal Awards Page 109 110-111 112 113 114 115 116-117 119 120-121 122-124 125 126 iv THIS PAGE INTENTIONALLY LEFT BLANK v Post Office Box 975 100 Mikaela Way Avon, CO 81620 July 15, 2022 To the Honorable Mayor, Members of the Town Council and Citizens of the Town of Avon: Town Charter and State statutes require that the Town of Avon (Town) issue a complete set of financial statements presented in conformance with generally accepted accounting principles (GAAP) and audited in accordance with generally accepted auditing standards by a firm of licensed independent certified public accountants. Pursuant to these requirements, we hereby issue the annual financial report of the Town of Avon for the fiscal year ended December 31, 2021. This report consists of management’s representations concerning the finances of the Town of Avon. Consequently, management assumes full responsibility for the completeness and reliability of all of the information presented in this report. To provide a reasonable basis for making these representations, management of the Town of Avon has established a comprehensive internal control framework that is designed both to protect the Town’s assets from loss, theft, or misuse and to compile sufficient reliable information for the preparation of the Town of Avon’s financial statements in conformity with GAAP. Because the cost of internal controls should not outweigh the benefits, the Town of Avon’s comprehensive framework of internal controls has been designed to provide reasonable rather than absolute assurance that the financial statements will be free from material misstatement. As management, we assert that, to the best of our knowledge and belief, this financial report is complete and reliable in all material respects. The Town of Avon’s financial statements have been audited by McMahan and Associates, L.L.C., a firm of certified public accountants. The goal of the independent audit was to provide reasonable assurance that the financial statements of the Town of Avon for the fiscal year ended December 31, 2021, are free of material misstatement. The independent audit involved examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; assessing the accounting principles used and significant estimates made by management; and evaluating the overall financial statement presentation. The independent auditor concluded, based upon the audit, that there was a reasonable basis for rendering an unmodified opinion that the Town of Avon’s financial statements for the fiscal year ended December 31, 2021 are fairly presented in conformity with GAAP. The independent auditor’s report is presented as the first component of the financial section of this report. GAAP require that management provide a narrative introduction, overview, and analysis to accompany the basic financial statements in the form of Management’s Discussion and Analysis (MD&A). This letter of transmittal is designed to complement the MD&A and should be read in conjunction with it. The Town of Avon’s MD&A can be found immediately following the report of the independent auditors. Letter of Transmittal Town of Avon, Colorado July 15, 2022 vi Profile of the Town The Town of Avon was incorporated in 1978 and is located in Eagle County, eight miles west of the Town of Vail and seventeen miles east of the Town of Eagle. The Town sits north of U.S. Highway 6, directly adjacent to the Beaver Creek Resort and is bisected by Interstate Highway 70 from east to west. The primary transportation route to and from Avon is I-70. Aviation services and transportation are available at the Eagle County Airport, 24 miles west of the Town. The Town provides bus transportation services within the Town and offers, in funding partnership with the Beaver Creek Resort Company, a high-speed gondola that provides direct access to Beaver Creek Resort. Avon is also served by the Eagle County Regional Transit Authority which provides bus service throughout Eagle County. Eagle County encompasses approximately 1,694 square miles and spans from the summit of Vail Pass to Glenwood Canyon. Approximately 80% of Eagle County’s land is public – comprised of National Forests, wilderness areas, Bureau of Land Management properties, and state and local public lands. The Town of Avon currently encompasses approximately 8¼ square miles. The Census Bureau’s population estimate as of July 1, 2021 was 6,058. This figure represents the permanent resident population. Total population increases significantly during the winter tourist ski season. The Town operates under the council/manager form of government. Policy-making and legislative authority are vested in the Town Council, which consists of a mayor and a six-member council. The Town Council is responsible, among other things, for passing ordinances, adopting the budget, and appointing a Town Manager, Town Attorney, Town Prosecutor and Municipal Judge. The Town Manager is responsible for carrying out the policies and ordinances of the Council, overseeing the day-to-day operations of the Town, and for appointing the heads of the Town’s departments. The Council is elected on a non-partisan basis. Council members are elected to four-year staggered terms with four council members to be elected in November 2022, and the remaining three to be elected in November 2024. The mayor and mayor pro-tem are elected from amongst the elected council members by a majority vote. The mayor presides at meetings of council and shall not vote until all other Council members present who are eligible to vote have had reasonable opportunity to vote. The affirmative concurring vote of four (4) Council members is required for the adoption of an ordinance, resolution, order for appropriation, approval of a contract or approval of an intergovernmental agreement. The Town is a home-rule community empowered to levy a property tax on the assessed value of real property located within the Town. The Town collects a 4% sales tax on all retail sales, and a 4% accommodations tax on the lease or rental of hotel rooms, condominium units and other accommodations within the Town. Beginning January 1, 2022, with voter approval, the Town began levying a 2% short-term rental tax on all residential short-term rentals. These funds are earmarked for dommunity housing purposes. Effective January 1, 2019, with voter approval, the Town began levying a $3 per pack excise tax on the sale of cigarettes and a 40% tax on other nicotine and tobacco products. The Town also collects a 2% real estate transfer tax on all sales of Letter of Transmittal Town of Avon, Colorado July 15, 2022 vii real property located within the Town. The Town has the power by state statute to extend its corporate limits by annexation, which is done periodically when deemed appropriate by the Town Council. The Town provides a full range of municipal services including general administrative services; community planning and zoning and building permitting and inspection services; municipal law enforcement; public works including management and maintenance of Town parks and landscaping, Nottingham Lake, bridges, streets and roads, trails, buildings, facilities and infrastructure; operation and management of the Avon Recreation Center and other youth, adult and senior recreation programs; and, special events and cultural activities. The annual budget serves as the foundation for the Town of Avon’s financial planning and control. No later than October 15th, the Town Manager submits to the Mayor and Town Council a proposed budget for the calendar year commencing the following January 1st. The budget is prepared by fund, department, program, and project and includes information on the prior year, current estimates and requested appropriations and estimated revenues for the upcoming year. The Town Council holds public hearings and may change appropriations except for expenditures required by law for debt service or for estimated cash deficits. No change to the budget may increase the authorized expenditures to any amount greater than the total amount of funds available. The Town Council must adopt the budget by resolution prior to December 15th. Once adopted, the Town Council may at any time, by resolution, amend the budget. In addition, the Town Manager may transfer part or all of any unencumbered appropriation balance among programs within a department. A department is defined by the Town as a distinct, principal, or specialized division (e.g. the department of public works). Expenditures may not legally exceed budgeted appropriations at the fund level. Budget to actual comparison are provided in this report for all funds and are presented at a lower-than-required level of control to facilitate detailed financial analysis. Budgetary comparisons for the Town’s General Fund and its major special revenue fund, the Avon Urban Renewal Authority, are presented as required supplemental information in this report. Budget to actual comparisons for all other Town funds are included as other supplemental information in this report. Factors Affecting Financial Condition The information presented in the financial statements is best understood when considered from a broader perspective rather than just the specific environment in which the Town operates. Local Economy. Year-round tourism and winter recreation-related businesses account for a significant portion of the employment and earned income of area residents. Skier and snowboarder visits at Vail and Beaver Creek Resort account for almost 20% of the total such visits in Colorado. Both resorts are perennially ranked among the top ten ski resorts in the country. Letter of Transmittal Town of Avon, Colorado July 15, 2022 viii In addition to skiing and associated winter-time activities, the area promotes a number of summer activities. The Town of Avon sponsors numerous special events throughout the year to area residents and visitors including Avon's Salute to the USA - a 4th of July fireworks display typically held on July 3rd, and Avon LIVE!, a free Wednesday evening live music series; multiple sporting events such as the XTERRA triathlon; and family-friendly activities like the Avon Easter Egg Hunt. The Avon Recreation Center is a spacious 40,000 sq. ft. multi-use facility featuring a large aquatics area with a 5-lane lap pool, lazy river, kid’s pool, 140 foot water slide, Aquaclimb climbing wall and diving well; a 2,560 sq. ft. advanced weight training room; a fitness room with treadmills, elliptical motion trainers, upright and recumbent bikes; and, separate Yoga/Tai Chi and multi-purpose training studios. Nottingham Park and Nottingham Lake serve as the Town’s central headquarters for summer activities including standup paddleboard, pedal boat, and kayak rentals; fishing, beach volleyball, Fitness Court, and Destination Jump, Splash, Learn. Avon’s Whitewater Park, with three distinct water features, is open all summer for rafters and kayakers to enjoy. The West Avon Preserve offers more than 11 miles of mountain bike trails accessible from the Town's paved bike paths with a variety of terrain for all ability levels. Offering several championship golf courses, Eagle County has earned a rating by Golf Digest Magazine as one of the top 40 golf communities in which to live. Other summer activities include hiking, horseback riding, bicycling, kayaking, and rafting, as well as other recreational sports. Property Values. Property tax, which is based on assessed property values and a mill rate, represents approximately fifteen percent of the Town’s total tax revenues. Assessed values are dependent upon real property growth and market values of property, along with assessment ratios established by the State legislature. In Avon, gross assessed values of real property increased slightly by 4.04 percent in 2021. Current Initiatives Council places a high priority on maintaining the existing level of municipal services in 2022 for the purpose of community stability and support of the local economy. All levels of service and staffing to support those levels of service remain the same as 2021. Personnel cost highlights include a merit-based overall salary cost increase of 5.5% at January 1 and market rate salary range increases of 8% on July 1. There are several one-time purchases included in the 2022 budget, including a Vactor truck in Roads and Bridges, and holdover fleet vehicle purchases. Mobility: The Mobility Department successfully applied for grant funding for the purchase of two electric busses and the purchase of two diesel busses which amount to 80% of the cost of acquiring these new busses. Avon will be able to replace four of its older busses with brand new busses which will reduce maintenance costs and advance Avon’s climate action goals. Community Housing. In 2022, the Avon Town Council continues to fund the buyer assistance, deed restriction purchase program originally began in 2020 called Mi Casa Avon! which has been very successful. Letter of Transmittal Town of Avon, Colorado July 15, 2022 ix Capital Improvement Projects The Town updates its capital improvements long-range plan annually. Substantial expenditures are planned in 2022 from the Capital Projects Fund. A significant portion of the expenditures are planned for the H.A. Nottingham Park to upgrade landscaping, repair recreation paths, complete lighting upgrades, and improve parking on the north side of the park, and construct additional public restrooms on the north and east side of the park. The dedication of real estate transfer tax revenues to capital improvements is unique to Avon and has created a stable Capital Projects Fund with adequate fund balances to continue with street resurfacing, facility replacements, and implementation of community projects identified in the Town’s Comprehensive Plan documents. Awards and Acknowledgements The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the Town of Avon for its annual comprehensive financial report (ACFR) for the fiscal year ended December 31, 2020. This was the twenty-ninth consecutive year that the Town has received this prestigious award. In order to be awarded a Certificate of Achievement, the Town published an easily readable and efficiently organized CAFR. This report satisfied both GAAP and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. We believe that our current ACFR continues to meet the Certificate of Achievement Program’s requirements, and we are submitting it to the GFOA to determine its eligibility for another certificate. The preparation of this report could not have been possible without the efficient and dedicated services of the entire staff of the Finance Department. Each member of the department has my sincere appreciation for the contributions made in the preparation of this report. Due credit should also be given to the Mayor, Town Council, and Town Manager for their interest, support and leadership in planning and conducting the operations of the Town in a responsible and progressive manner. Respectfully Submitted, Scott C. Wright, CPA, CPFO Finance Director Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting Presented to Town of Avon Colorado For its Annual Comprehensive Financial Report For the Fiscal Year Ended December 31, 2020 Executive Director/CEO x Council Elected by Citizens - 7 Members Council appoints Mayor, Legal Counsel, Municipal Judge, Town Manager, Boards, Commissions and Committees Council serves as Local Liquor Authority, Board of Adjustments, and Board of Directors for Avon Urban Renewal Authority Town Attorney Municipal Prosecutor Special Legal Counsel TOWN MANAGER Oversees Departments and Personnel, Prepares Budget, Administers Contracts, Implements Policies and Projects as Directed by Council Municipal Judge Community Development Police Recreation Public Works General Government Avon Citizens Home Rule Charter adopted and amended by Avon voters Planning & Zoning Commission (PZC) Culture, Arts & Special Events Committee (CASE) Finance Committee Health & Recreation Committee DEPARTMENTS Town Clerk Communications & Marketing CASE Municipal Court Building Inspections Information Technologies Risk Management Planning Engineering Building & Facility Maintenance Custodial Services Admin Patrol Recreation Programs Admin Council Support Investigations Public Operations Fleet Maintenance Admin ORGANIZATIONAL CHART Mobility Finance Human Resources xi xii THIS PAGE INTENTIONALLY LEFT BLANK McMahan and Associates, l.l.c. Certified Public Accountants and Consultants Web Site: www.mcmahancpa.com Chapel Square, Bldg C Main Office: (970) 845-8800 245 Chapel Place, Suite 300 Facsimile: (970) 845-8108 P.O. Box 5850, Avon, CO 81620 E-mail: mcmahan@mcmahancpa.com Member: American Institute of Certified Public Accountants Paul J. Backes, CPA, CGMA Avon: (970) 845-8800 Michael N. Jenkins, CA, CPA, CGMA Aspen: (970) 544-3996 Matthew D. Miller, CPA Frisco: (970) 668-3481 1 M & A INDEPENDENT AUDITOR'S REPORT To the Honorable Mayor and Town Council Town of Avon, Colorado Report on the Audit of the Financial Statements Opinions We have audited the accompanying financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the Town of Avon, Colorado, Colorado (the “Town”), as of and for the year ended December 31, 2021, and the related notes to the financial statements, which collectively comprise the Town’s basic financial statements as listed in the table of contents. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the Town as of December 31, 2021, and the respective changes in financial position and, where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America (“U.S. GAAP”). Basis for Opinions We conducted our audit in accordance with auditing standards generally accepted in the United States of America (“U.S. GAAS”) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report.We are required to be independent of the Town and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with U.S. GAAP; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the Town’s ability to continue as a going concern for one year after the date that the financial statements are issued. INDEPENDENT AUDITOR’S REPORT To the Town Council Town of Avon, Colorado 2 Auditor’s Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with U.S. GAAS will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. In performing an audit in accordance with U.S. GAAS, we: Exercise professional judgment and maintain professional skepticism throughout the audit. Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Town’s internal control. Accordingly, no such opinion is expressed. Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the Town’s ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control–related matters that we identified during the audit. Required Supplementary Information U.S. GAAP require that Management’s Discussion and Analysis in Section B on pages 4 –17 and budgetary comparison information on pages 64-79 be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context.We have applied certain limited procedures to the required supplementary information in accordance with U.S. GAAS, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. INDEPENDENT AUDITOR’S REPORT To the Town Council Town of Avon, Colorado 3 Supplementary Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the Town’s basic financial statements.The combining fund financial statements, individual fund budgetary information, the Local Highway Finance Report, and the Schedule of Expenditures of Federal Awards as required by Title 2,U.S. Code of Federal Regulations, Part 200,Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards included in the Single Audit Section listed in the accompanying table of contents are presented for purposes of additional analysis and are not a required part of the basic financial statements. The combining fund financial statements, individual fund budgetary information, the Local Highway Finance Report, and the Schedule of Expenditures of Federal Awards included in the Single Audit Section listed in the accompanying table of contents is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with U.S. GAAS.In our opinion, the introductory section, combining fund financial statements, individual fund budgetary information, the Local Highway Finance Report, the statistical section, and the Schedule of Expenditures of Federal Awards included in the Single Audit Section listed in the accompanying table of contents is fairly stated, in all material respects, in relation to the basic financial statements as a whole. Other Information Management is responsible for the other information included in the annual report. The other information comprises the introductory section and statistical section but does not include the basic financial statements and our auditor’s report thereon. Our opinions on the basic financial statements do not cover the other information, and we do not express an opinion or any form of assurance thereon. In connection with our audit of the basic financial statements, our responsibility is to read the other information and consider whether a material inconsistency exists between the other information and the basic financial statements, or the other information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated July 20, 2022 on our consideration of the Town’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Town’s internal control over financial reporting and on compliance. McMahan and Associates, L.L.C. Avon, Colorado July 20, 2022 Management’s Discussion and Analysis As management of the Town of Avon, we offer readers of the Town of Avon’s financial statements this narrative overview and analysis of the financial activities of the Town of Avon for the fiscal year ended December 31, 2021. We encourage readers to consider the information presented here in conjunction with additional information that we have furnished in our letter of transmittal, which can be found in the introductory section of this report. Financial Highlights • The assets of the Town exceeded its liabilities and deferred inflows at the close of its fiscal year ended December 31, 2021 by $111,028,690 (net position). Of this amount, $36,459,824 is unrestricted and may be used to meet the Town’s ongoing obligations to citizens and creditors in accordance with the Town’s fund designation and fiscal policies as more fully described below. • The Town’s total net position increased by $8,875,581. • As of the close of the fiscal year, the Town’s governmental funds reported combined ending fund balances of $30,956,721, an increase of $5,336,091 from the prior year. Approximately 43.9 percent of this total amount, $13,587,481, is available for spending at the Town’s discretion (unassigned fund balance). • The unassigned fund balance for the General Fund was $13,587,481, or 77.4 percent of total General Fund expenditures and other financing uses. This represents a $4,214,244 increase, or 45 percent, from the prior year. • The Town of Avon’s long-term liabilities decreased by a net $1,669,164 during the current fiscal year. Regular principal payments were made on bonded debt of $1,482,278 and capital leases of $112,242. Overview of the Financial Statements This discussion and analysis are intended to serve as an introduction to the Town of Avon’s basic financial statements. The Town’s basic financial statements are comprised of three components: 1) government-wide financial statements, 2) fund financial statements, and 3) notes to the financial statements. This report also contains required supplementary information and other supplementary information in addition to the basic financial statements themselves. Government-wide financial statements. The government-wide financial statements are designed to provide readers with a broad overview of the Town of Avon’s finances, in a manner similar to a private sector business. The statement of net position presents information on all of the Town of Avon’s assets and liabilities, with the difference between the two reported as net position. Over time, increases or 4 decreases in net position may serve as a useful indicator of whether the financial position of the Town is improving or deteriorating. The statement of activities presents information showing how the Town’s net position changed during the most recent fiscal year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g., earned but unused compensated absences). Both of the government-wide financial statements distinguish functions of the Town of Avon that are principally supported by taxes and intergovernmental revenues (governmental activities) from other functions that are intended to recover all or a significant portion of their costs through user fees and charges (business-type activities). The governmental activities of the Town of Avon include general government, community development, public safety, public works and utilities, and recreation and culture. The business-type activities of the Town include mobility and fleet maintenance operations. The government-wide financial statements include not only the Town of Avon itself (known as the primary government), but also the Avon Urban Renewal Authority, a legally separate entity, which was established in August 2007 to undertake urban renewal plans and projects with the Town. All members of the governing body are Town Council members. For financial reporting purposes, AURA is blended into the Town’s financial statements and is reported as a major fund in the basic financial statements. The government-wide financial statements can be found on pages 19-21 of this report. Fund financial statements. A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The Town of Avon, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. All of the funds of the Town can be divided into two categories: governmental funds and proprietary funds. Governmental funds. Governmental funds are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements. However, unlike the government-wide financial statements, governmental fund financial statements focus on near-term inflow and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a government’s near-term financing requirements. Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, readers may better understand the long-term impact of the Town’s near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. 5 The Town of Avon maintains nine individual governmental funds. Information is presented separately in the governmental fund balance sheet and in the governmental fund statement of revenues, expenditures, and changes in fund balances for the General Fund, Avon Urban Renewal Authority Fund, Debt Service Fund and Capital Projects Fund, all of which are considered to be major funds. Data from the other five nonmajor governmental funds (Water Fund, Community Enhancement Fund, Affordable Housing Fund, Exterior Energy Offset Fund, and Disposable Paper Bag Fee Fund) are combined into a single, aggregate presentation. Individual fund data for each of these nonmajor governmental funds is provided in the form of combining statements elsewhere in this report. The basic governmental fund financial statements can be found on pages 22-25 of this report. Proprietary funds. The Town of Avon maintains two different types of proprietary funds. Enterprise funds are used to report the same function presented as business-type activities in the government-wide financial statements. The Town of Avon uses enterprise funds to account for its mobility operations and its fleet maintenance operations. Internal service funds are an accounting device used to accumulate and allocate costs internally among the Town’s various functions. The Town of Avon uses an internal service fund to account for the rental of vehicles and equipment to Town departments for the accumulation of funds for future replacement. Because this service predominately benefits governmental rather than business-type functions, it has been included within governmental activities in the government-wide financial statements. Proprietary funds provide the same type of information as the government-wide financial statements, only in more detail. The proprietary fund financial statements provide separate information for the mobility fund and the fleet maintenance fund operations. Separate information is also provided for the Town’s internal service fund. The basic proprietary fund financial statements can be found on pages 26-29 of this report. Notes to the Financial Statements. The notes provide additional information that is essential to a full understanding of the data provided in the government-wide and fund financial statements. The notes to the financial statements can be found on pages 30-54 of this report. Required Supplemental Information. In addition to the basic financial statements and accompanying notes, this report also presents certain other required supplemental information. The Town of Avon adopts an annual appropriated budget for its General Fund and major special revenue fund. Budgetary comparison statements have been provided for the General Fund and the Avon Urban Renewal Authority Fund to demonstrate compliance with these budgets and can be found on pages 55-56 of this report. Other Supplemental Information. The combining statements referred to earlier in connection with nonmajor governmental funds are presented under other supplemental information immediately following the required supplemental information. Individual fund statements and schedules and other miscellaneous schedules can also be found in this section on pages 59-91 of this report. 6 Government-wide Financial Analysis As noted earlier, net position may serve over time as a useful indicator of a government’s financial position. In the case of the Town of Avon, assets and deferred outflows of resources exceeded liabilities and deferred inflows of resources by $111,028,690 as of December 31, 2021. The largest portion of the Town’s net position (64.9%) reflects its investment in capital assets (e.g. land, buildings, machinery and equipment, and infrastructure), net of any related debt used to acquire those assets that is still outstanding. The Town uses these assets to provide services to citizens, consequently, these assets are not available for future spending. Although the Town’s investment in capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. An additional portion of the Town’s net position (2.3%) represents resources that are subject to external restrictions on how they may be used. The remaining balance of unrestricted net position (32.8%) may be used to meet the Town’s ongoing obligations to citizens and creditors. Condensed Net Position Governmental Activities Business-type Activities Total Government 2021 2020 2021 2020 2021 2020 Current and Other Assets Restricted Assets Capital Assets, net Total Assets $ 44,655,435 451,280 75,171,072 120,277,787 $ 36,655,572 657,821 74,591,931 111,905,324 $ 2,316,096 - 12,734,715 15,050,811 $ 1,214,841 - 24,185,602 13,531,559 $ 46,971,531 451,280 87,905,787 135,328,598 $ 37,870,413 657,821 98,777,533 125,418,883 Deferred Outflow of Resources Other Liabilities Noncurrent Liabilities Total Liabilities Deferred Inflows of Resources 127,860 5,082,848 15,087,033 20,169,881 2,103,515 143,640 2,999,234 16,530,777 19,530,011 2,045,276 16,010 223,228 1,901,150 2,124,378 46,004 17,663 148,012 2,126,570 2,274,582 41,976 143,640 5,306,076 16,988,183 22,294,259 2,149,519 161,303 3,147,246 18,657,347 21,804,593 2,087,252 Net Position: Net Investment in Capital Assets Restricted Unrestricted Total Net Position 61,078,037 2,550,071 34,504,143 $ 98,132,251 58,743,303 2,373,593 29,356,781 $ 90,473,677 10,940,758 - 1,955,681 $ 12,896,439 10,299,819 - 914,845 $ 11,214,664 72,018,795 2,550,071 36,459,824 $111,028,690 69,043,122 2,373,593 30,271,626 $101,688,341 Analysis of the Town’s Operations Overall, the Town’s net position increased by $8,875,581 for 2021. Governmental activities increased net position by $7,193,806, while business-type activities increased net position by $1,681,775. The largest contributors to the overall increase were substantial increases in sales and accommodation taxes from the previous year of $3.4 million, capital grants for bus purchases of almost $1 million, substantial increases in real estate transfer taxes from the previous year of $1.4 million, and positive capital project expenditure variances of $2.7 million. 7 Change in Net Position Governmental Activities Business-type Activities Total Government 2021 2020 2021 2020 2021 2020 REVENUES Program Revenues: Charges for Services Operating Grants and Contributions Capital Grants and Contributions General Revenues: Taxes: Property Taxes Real Estate Transfer Tax Sales and Accommodation Taxes Other Taxes Investment Earnings (Loss) Unrestricted Grants & Contributions Miscellaneous Total Revenues $ 2,428,294 104,842 48,128 3,672,627 7,354,186 13,820,404 2,120,037 (7,865) 1,052,084 667,854 31,260,591 $ 1,601,708 826,152 37,206 3,727,486 5,998,950 11,303,195 996,839 288,927 918,375 2,392,866 28,091,704 $ 1,656,035 1,025,745 967,643 42,069 - - - - - - 3,691,492 $ 1,813,132 646,470 - 41,633 - - - - - - 2,501,235 $ 4,084,329 1,130,587 1,015,771 3,714,696 7,354,186 13,820,404 2,120,037 (7,865) 1,052,084 667,854 34,952,083 $ 3,414,840 1,472,622 37,206 3,769,119 5,998,950 11,303,195 996,839 288,927 918,375 2,392,866 30,592,939 EXPENSES Program Activities: Governmental Activities: General Government Community Development Public Safety Public Works and Utilities Recreation Mobility Interest on Long-term Debt Business-type Activities: Mobility Fleet Maintenance Total Expenses 6,169,567 536,564 4,372,460 8,481,110 1,917,182 84,167 412,275 - - 21,973,325 5,809,422 513,004 4,466,597 8,245,335 1,814,889 - 538,010 - - 21,387,257 - - - - - - - 2,465,889 1,637,288 4,103,177 - - - - - - - 2,325,260 1,784,854 4,110,114 6,169,567 536,564 4,372,460 8,481,110 1,917,182 84,167 412,275 2,465,889 1,637,288 26,076,502 5,809,422 513,004 4,466,597 8,245,335 1,814,889 538,010 - 2,325,260 1,784,854 25,497,371 Excess (Deficiency) Before Contributions and Transfers Capital Contributions Transfers Increase (Decrease) in Net Position Net Position, Beginning of Year Net Position, Ending 9,287,266 - (2,093,460) 7,193,806 90,938,445 $ 98,132,251 6,704,447 - (1,881,716) 4,822,731 86,115,714 $ 90,938,445 (411,685) - 2,093,460 1,681,775 11,214,664 $12,896,439 (1,608,879) - 1,881,716 (272,837) 10,941,827 $11,214,664 8,875,581 - - 8,875,581 102,153,109 $111,028,690 5,095,568 - - 5,095,568 97,057,541 $102,153,109 Expenses and Program Revenues – Governmental Activities $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 $9,000,000 General Govt.Comm Dev Public Safety Public Works Recreation Interest Mobility Expenditures Revenues 8 Revenues by Source – Governmental Activities Business-type activities. Net position of business-type activities increased by $1,681,775 in 2021. The key element of this increase was the receipt of $1.993 million in capital and operating grant funds in the Mobility Enterprise Fund. Expenses and Program Revenues – Business-type Activities Property Taxes 11.74% RETT Taxes 23.51% Sales and Accommodation Taxes 44.19% Other Taxes 6.78% Charges for Services 7.76% Investment Earnings -0.03% Miscellaneous 2.14% Grants 0.49% Intergovernmental 3.36% $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 Mobility Fleet Maintenance Expenses Program Revenues 9 Revenues by Source – Business-type Activities Financial Analysis of the Town’s Funds The following schedule presents a summary of governmental fund revenues for the year ended December 31, 2021 and the amount and percentage of increases and decreases in relation to the prior year. Revenues 2021 Amount Percent of Total 2020 Amount Amount of Increase (Decrease) Percent Increase (Decrease) Taxes Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Investment Earnings Other Revenues $26,967,254 461,647 1,205,054 1,742,352 45,753 (8,035) 669,460 86.76% 1.48% 3.88% 5.61% 0.15% (0.03%) 2.15% $22,026,470 388,494 1,781,733 1,173,521 39,693 288,927 2,367,398 $ 4,940,784 73,153 (576,679) 568,831 6,060 (296,962) (1,697,938) 22.43% 18.83% (32.37%) 48.47% 15.27% (102.78%) (71.72%) Total $31,083,485 100.00% $28,066,236 $ 3,017,249 Tax revenues increased by $4,940,784 from the prior year. Property tax collections remained essentially the same as the prior year collections. Assessed values declined slightly from $228,439,560 in 2020 to $228,369,310in 2021. The general operating mill rate for the Town remained the same at 8.956 mills. Property tax increment revenues from the Avon Urban Renewal Authority increased by $60,084 from the prior year due to an increase in the value of the tax increment of $1,429,360. Sales taxes increased by $2,321,991 or 25.5% from the Charges for Services 28.63% Grants 34.46% Property Taxes 0.73% Contributions and Transfers In 36.19% 10 previous year and accommodation taxes increased by $994,568 or 81.7%. The areas of retail sales tax showing the most growth were the areas most impacted by the Covid-19 pandemic in 2020, namely accommodations and restaurants and bars. Also playing a large role were the new requirements for online travel companies and virtual or out-of-state retailers collecting and remitting taxes on their online platforms. The Town also collects a 2% tax from all transfers of real property within the Town. These revenues are dedicated solely for capital improvement projects. Real estate transfer tax collections increased by 1,371,724 or 22.95% in 2021 after having risen by 19.95% in 2020 and 38% increase in 2019. The five-year average for real estate transfer taxes is now over $5.2 million per year. 2021 was the third year for the levy and collection of cigarette and tobacco taxes. Cigarette taxes, which are based on a $3 excise tax per pack sold, were up 3% from the prior year, or $7,578. Tobacco taxes, which are levied at a tax rate of 40%, increased by $86,724 or 40.4%. License and permit revenues increased by $73,153 from the previous year. Construction permit values increased by $8,652,944 in total from the prior year with commercial permits valued at $1,957,878 and residential construction valued at $31,467,170. Building permit fees increased by $117,542 while other all other licenses remained fairly stable from the previous year. Intergovernmental revenues decreased in 2021 by $576,679. This decrease was due primarily to CARES Act grant funds received in the prior year in the amount of $713,837 for reimbursement of COVID -19 related pandemic expenditures. Highway Users Tax funds and Eagle County Sales Tax revenues increased by $36,994 and $892,920, respectively. Charges for services increased $568,831 due to the recovery from the various shutdowns and general decreases in activity due to the COVID-19 pandemic in 2020, the largest of which was the shutdown of the Avon Recreation Center and the implementation of protocols that drastically impacted the volume of Recreation Center customers. Net recreation-related increases in 2021 totaled $397,450. Other increases include $90,674 in special event-related fees and charges, and $80,336 in plan check fees. Investment earnings decreased in 2021 by $296,962 due to the change in the fair market value of investments due to an increase in interest rates at year-end and generally lower yields through- out the year. Other revenues decreased by $1,697,938 due to the prior year sale of the Town’s interest in Buffalo Ridge II LLLP in the amount of $1.5 million. The following schedule presents a summary of governmental fund expenditures for the year ended December 31, 2021 and the amount and percentage of increases and decreases in relation to the prior year. 11 Expenditures 2021 Amount Percent of Total 2020 Amount Amount of Increase (Decrease) Percent Increase (Decrease) Current: General Government Community Development Public Safety Public Works and Utilities Parks and Recreation Capital Improvements Debt Service: Principal Interest Bond Issuance Costs Fiscal Charges $ 6,081,429 551,138 4,169,397 4,612,171 1,622,206 4,542,239 1,387,925 403,078 - 9,351 26.81% 2.36% 17.83% 19.73% 6.94% 19.43% 5.94% 1.72% 0.00% 0.04% $ 5,522,841 500,739 4,050,935 4,067,683 1,311,887 2,111,194 1,414,010 429,221 113,525 7,084 $ 558,588 50,399 118,462 544,488 310,319 2,431,045 (26,085) (26,143) (113,525) 2,267 10.11% 10.06% 2.92% 13.36% 23.65% 110.89% (1.84%) (6.09%) (100.00%) 32.00% Total $23,378,934 100.00% $19,529,119 $ 3,849,815 Overall, total governmental fund expenditures increased by a net amount of $3,849,815 in 2021. In 2021, The Town realized a return to more normal governmental services compared to the response to the COVID-19 pandemic in 2020 which instituted a number of operating budget reductions including personnel layoffs and eliminations of positions, a freeze on salary increases, deferral of equipment replacement charges, elimination of special events and other reductions in operating costs. In addition, several capital projects were completed in 2021 after a decline in 2020 due largely to impacts created by the pandemic. Capital improvement projects completed during the 2021 year included a remodel of the yoga studio and replastering of the pool in the Avon Recreation Center, installation of an electric vehicle charging system, completion of improvements in the western area of Nottingham Park, completion of lighting upgrades in Nottingham Park, asphalt overlays of Mikaela Way and Benchmark Rd., installation of LED messaging boards on the railroad bridge overpass on Avon Rd., purchase of a firearms training simulator, completion of the laying of fiber optic cable between the Pavilion and Town Hall, and completion of stormwater quality vaults on Avon Rd. At the end of the current fiscal year, the Town’s governmental funds reported combined ending fund balances of $30,956,721, an increase of $5,336,091 from the prior year. Of this total, $2,550,071 is restricted due to external limitations on its use such as legal restrictions, or intention of grantors, donors, or trustees. A total of $14,819,169 has been committed or assigned meaning there are limitations resulting from its intended use, such as construction of capital assets, community housing, and for other purposes. The remaining $13,587,481 is unassigned and can be used for any lawful purpose. General Fund. The General Fund is the chief operating fund of the Town. At the end of the current fiscal year, unassigned fund balance of the General Fund is $13,587,481, while total fund balance is $14,567,561. As a measure of the General Fund’s liquidity, it is useful to compare the unassigned fund balance and total fund balance to total fund expenditures and other financing sources. Unassigned fund balance represents 77.4% of total fund expenditures and other financing uses, while total fund balance represents 82.9% of that same amount. 12 The fund balance of the General Fund increased by $4,364,674, or 45.5%, in 2021. This increase is due primarily to the large increases in sales and accommodation taxes and charges for services realized in 2021 compared to the prior year. The fund balance of the General Fund represents 65.6% of 2022 General Fund appropriations or the equivalent of almost 8 months of operations. The Town has felt it necessary to retain this level of fund balance because of its heavy reliance on sales tax revenues. The Town’s position as a resort community also places a heavy reliance upon several other factors including weather, the national economy, and tourism in general. The Town’s fund balance provides the resources necessary to be more adaptable to the short-term financial environment and limits the need for capital financing. Avon Urban Renewal Fund. At the end of the current fiscal year, the Avon Urban Renewal Fund had an ending fund balance of $95,276. This amount is restricted for use for urban renewal projects within the Town Center West Urban Renewal Plan Area. The fund transferred $750,000 to the Capital Projects Fund to be used for Tract G projects in the future. Fund balances increased by $72,334 in 2021 due to lower interest rate costs on tax increment revenue bonds from the bond refinancing in 2020. Debt Service Fund. The Debt Service Fund has a fund balance at the end of the fiscal year of $36,433, all of which is assigned for the payment of debt service. Fund balances increased by $8,788 in 2021 2021 due to lower interest rate costs on certificates of participation from the bond refinancing in 2020 Capital Projects Fund. The Capital Project Fund has an ending fund balance at the end of the fiscal year of $13,714,320, an increase of $1,613,077 from the prior year. This substantial increase is due to larger than anticipated real estate transfer taxes for the third year in a row. Restricted fund balances represent escrowed monies for future asphalt repairs pursuant to a lawsuit settlement in the amount of $451,280. The remaining amount of $13,263,040 is committed entirely to capital improvement projects. Non-major Funds. The aggregate non-major funds have a combined fund balance of $2,543,131. The net decrease in fund balance during the current fiscal year in the aggregate non- major funds was $722,782. This decrease is due primarily to a deed restriction program that was begun in 2020 and carried on through the end of current fiscal year, whereby a total of $847,222 in down-payment assistance was provided to Avon residents purchasing a home in exchange for the deed restriction which requires the residence to be a primary residence for at least three (3) years and future purchasers must qualify as Eagle County Employees as defined in Section 3.12.020 of the Avon Municipal Code. General Fund Budgetary Highlights The Covid-19 pandemic was the most significant influencer of the 2021 budget such that projections of revenues were highly speculative and directly dependent upon public health orders and visitor confidence to travel to Avon. Council placed a high priority on maintaining the existing level of municipal services in 2021 for the purpose of community stability and support 13 of the local economy. Levels of service and staffing to support those levels of service remained the same as 2020 with few exceptions. Avon sought to decrease expenses where possible while maintaining existing levels of service. Significant categories of expense reduction included continuation of a Town-wide salary freeze implemented in March, 2020, elimination of a majority of travel, conference and in-person meeting expenses, and foregoing equipment and supply purchases where possible. Increases in expenditures were planned for Town operations to comply with public health orders and to provide a safe work environment, and budgeted expenditures exceeded projected revenues in order to maintain a consistent level of municipal services in 2021. Avon budgeted for substantial increases in transit services in order to provide a comparable level of Skier Bus Service as the prior year with the severe limitations on capacity established by Colorado Public Health and Environment and Colorado Department of Transportation. The Town is also experiencing significant large-scale construction and real estate activity and sought to improve building inspection services with an increase from a part-time Building Permit Technician to a full-time certified Building Permit Technician position. A master gardener position was added for 2021 in order to provide more dedicated and focused attention to the Town’s streetscape plantings and park plantings. The Town has expanded and upgraded its streetscapes over the last couple years. In addition, the Town is constructing and installing significant improvements throughout Nottingham Park over the next two years which will include expanded areas of enhanced landscaping. Capital Assets and Debt Administration Capital assets. The Town of Avon’s investment in capital assets for its governmental and business-type activities as of December, 31, 2021, amounts to $87,905,787 (net of accumulated depreciation). This investment in capital assets includes land, land improvements, public art, water rights, dee restrictions, construction in progress, buildings and building improvements, utility systems, machinery and equipment, and infrastructure (see table below). The total increase in the Town’s investment in capital assets for the current fiscal year was 0.63% (a 0.15% decrease for governmental activities and a 3.5% increase for business-type activities). Major capital assets events during the current fiscal year included the following: • Governmental-type asset additions totaled $5,658,910 in 2021. Business-type additions totaled $1,017,685. • Eight projects began the year under Construction-in-Progress: (1) Old Town Hall Utility Upgrades (2) Fiber – Pavilion to New Town Hall; (3) New Town Hall 2nd & 3rd Floor Updates, (4) Pavilion Deck Railing and Floor Repair, (5) West Nottingham Park Improvements, (6) Mall Activation Elements, (7) Avon Rd./Interstate 70 Overpass Aesthetic Improvements and (8) Stormwater Quality Vaults During the year ended December 31, 2023, three of these projects (Items 2, 5 and 8) were completed and capitalized at a total cost of $624,889. • Capital improvement projects completed during the 2021 year included a remodel of the yoga studio and replastering of the pool in the Avon Recreation Center, installation of an 14 electric vehicle charging system, completion of improvements in the western area of Nottingham Park, completion of lighting upgrades in Nottingham Park, asphalt overlays of Mikaela Way and Benchmark Rd., installation of LED messaging boards on the railroad bridge overpass on Avon Rd., purchase of a firearms training simulator, completion of the laying of fiber optic cable between the Pavilion and Town Hall, and completion of stormwater quality vaults on Avon Rd. • In Business-type activities, two diesel busses were purchased in the Mobility Fund at a cost of $1,017,685. • In the Equipment Replacement Fund a total of $1,015,130 in equipment was capitalized including $23,215 in new fitness spin bikes, $684,873 in heavy machinery and equipment including a bobcat toolcat, a club car, a John Deere loader and a street sweeper, three new police patrol vehicles ($171,869), and computer and audio/visual equipment ($90,473). Town of Avon’s Capital Assets (net of depreciation) Governmental Activities Business-type Activities Total 2021 2020 2021 2020 2021 2020 Land Public Art Water Rights Deed Restrictions Construction in Progress Depreciable Land Improv. Buildings Utilities Mach. & Equip. Infrastructure $ 11,449,801 1,361,400 1,792,959 1,311,990 2,373,187 313,062 16,246,110 2,472,872 3,160,004 34,689,687 $ 11,449,801 1,361,400 1,792,959 464,768 618,412 - 16,959,583 2,650,844 2,854,785 36,904,147 $ 411,834 - - - - 10,675,086 - 1,647,795 - $ 411,834 - - - - 11,096,905 - 789,979 - $11,861,635 1,361,400 1,792,959 1,311,990 2,373,187 313,062 28,056,488 2,650,844 3,644,764 36,904,147 $11,861,635 1,361,400 1,792,959 464,768 618,412 - 28,056,488 2,650,844 3,644,764 36,904,147 Total $75,171,072 $75,056,699 $12,734,715 $12,298,718 $87,905,787 $87,355,417 Additional information on the Town of Avon’s capital assets can be found in Note 4 on pages 42-43 of this report. Long-term debt. At the end of the current fiscal year, the Town of Avon had total long-term debt outstanding in the amount of $15,846,945. Certificates of Participation which evidence assignments of proportionate interests in the right to receive payments pursuant to annually renewable lease agreements total $10,484,000. The remainder of the Town’s debt, $5,362,945 represents bonds secured solely by specified revenue sources (i.e. revenue bonds). Town of Avon’s Outstanding Debt Governmental Activities Business-type Activities Total 2021 2020 2021 2020 2021 2020 Revenue Bonds Certificates of Participation $ 5,362,945 8,829,000 $ 5,968,223 9,535,000 $ - 1,655,000 $ - 1,826,000 $ 5,362,945 10,484,000 $ 5,968,223 11,361,000 Total $14,191,945 $15,503,223 $ 1,655,000 $ 1,826,000 $15,846,945 $17,329,223 Regular principal payments were made on bonded debt of $1,482,278. No other new debt was issued in 2021. 15 The Avon Town Charter limits the amount of general obligation debt the Town may issue to 25% of assessed valuation of all taxable property within the Town, or $15 million, whichever is greater. The current legal debt margin for the Town is $57,092,328. The Town has no outstanding general obligation bonds outstanding as of December 31, 2021. In addition, the Town’s total debt per capita is $2,686. Additional information on the Town’s long-term debt can be found in Note 5 on pages 44-48 of this report. Economic Factors and Next Year’s Budget and Rates 2022 Budget Highlights Salary Cost Increases: The Town is transitioning from a step salary system to merit-based salary increases which would follow annual performance evaluations. The Town has shifted performance evaluations from the anniversary of an employee’s hiring date to a unified schedule in the fall. This common schedule allows for training of directors and supervisors to conduct performance evaluations and the ability to include the cost of salary increase recommendations into the budget before final adoption in December of each year. Generally, the range would be 0% to 4% increase with the ability to consider increases above 4%. This 2022 budget provides for a merit-based salary increase of 5.5% in order to establish an adequate budget for salary adjustments. In addition, a mid-year salary survey will be performed in order to adjust salary ranges based on comparative market data. An additional 5% salary adjustment has been provided for in order to remain competitive due to lagging behind the Town's peer communities with ending the COVID-19 based salary freezes. Salary increases will be determined on an individual basis based on our newly adopted system of performance evaluations and merit based increases. The percentage increase is a budget amount that is estimated to cover the cumulative cost of salary increase, not an indication of individual salary increases. Training: Training expenses across all departments has increased. The Employee Pulse Survey in early 2021 indicated a desire for more training. The Town supports and believes in training and considers it essential to maintain best skills and expose employees to perspectives and ideas beyond our local region. Equipment Replacement Fund. Another significant change is updating and catching-up the Equipment Replacement Fund. Council has expressed a sentiment to move towards cash purchases of vehicles and setting aside cash for future purchases and minimizing or eliminating the use of lease purchase agreements. The Town has reserves and surpluses available to catch-up vehicle purchases on a cash basis. In addition, staff has sought to eliminate “hold-over” vehicles wherever possible and formalize departmental vehicle need policies. The updating of fleet purchases includes requirements to consider vehicles which reduce greenhouse gas emissions. Hybrid vehicles and electric vehicles are planned for purchase in 2022. GENERAL FUND: General Fund revenues ($22,411,420) are estimated to exceed appropriated expenditures ($22,199,628) by $211,628. Estimated beginning-of-year fund balances are $12,664,061 and end-of-year fund balances are projected at $12,875,689. The Town’s budgetary 16 policies require setting aside fund balance reserves of 27% of expenditures for operations and 3% for TABOR emergencies. Total tax revenues for 2022 are projected to increase from $17,588,200 in 2021 to $18,469,729 in 2022, an increase of $881,529. This increase is primarily due to increases in sales and accommodations tax collections. Year-to-date through November 2021 sales tax collections have increased by 27.73% and accommodation taxes have increased by 79.01%. All other tax sources are projected to be stable and similar to 2021 amounts. Intergovernmental revenues are projected to decrease by $83,698 due to the expiration of certain state and federal grants. Charges for Services is projected to grow from $1,290,694 in 2021 to $1,423,493 in 2022, an increase of $132,799, primarily due to Avon Recreation Center patrons continuing to return to indoor gyms and aquatic centers after the significant closure in 2020 and the significant health protection protocols that were put in place for much of the 2021 year. General Fund Expenditures: Much has changed since developing the original 2021 budget. During that process, Avon sought to decrease expenses where possible while maintaining existing levels of service. Significant expense reductions occurred including a Town-wide salary freeze that was implemented in March, 2020 and continued through most of the 2021 year, elimination of a majority of travel, conference and in-person meeting expenses, and foregoing equipment and supply purchases where possible. As the Town progressed through the 2021 year, it became obvious that many of the significant cuts that had been made were ultimately not necessary and many budget line items and justifications have been returned for the 2022 budget. 2022 expenditures have increased by a total of $4,385,129 compared to the original 2021 budget. Reserves remain stable in the 2022 Budget with a 3% Emergency Reserve required by TABOR ($829,650); a 27% Minimum Operating Reserve per Budget Policies ($5,993,944), and a remaining Undesignated amount ($6,052,095), which results in a total fund balance of $12,875,689. Requests for Information This financial report is designed to provide a general overview of the Town of Avon’s finances for all those with an interest in the Town’s fiscal management. Questions concerning any of the information provided in this report or requests for additional financial information should be addressed to the Finance Director, Town of Avon, Colorado, PO Box 975, Avon, CO 81620. Scott Wright, CPA, CPFO Finance Director 17 THIS PAGE INTENTIONALLY LEFT BLANK 18 TOWN OF AVON, COLORADO STATEMENT OF NET POSITION DECEMBER 31, 2021 Governmental Business-type Activities Activities Total ASSETS Cash and Cash Equivalents 26,373,193$ 621,990$ 26,995,183$ Investments 9,209,762 - 9,209,762 Receivables 8,972,480 1,121,295 10,093,775 Internal Balances 100,000 (100,000) - Prepaid Expenses - 195,336 195,336 Inventory - 477,475 477,475 Restricted Assets - Cash and Cash Equivalents 451,280 - 451,280 Capital Assets, net of accumulated depreciation: Nondepreciable 18,289,337 411,834 18,701,171 Depreciable 56,881,735 12,322,881 69,204,616 Total Assets 120,277,787 15,050,811 135,328,598 DEFERRED OUTFLOW OF RESOURCES Deferred Charge on Refunding of Debt 127,860 16,010 143,870 LIABILITIES Accounts Payable 1,318,293 162,588 1,480,881 Accrued Liabilities 410,611 58,944 469,555 Retainages Payable 102,154 - 102,154 Accrued Interest Payable 30,773 1,696 32,469 Deposits and Reserves 2,402,748 - 2,402,748 Unearned Revenues 818,269 - 818,269 Noncurrent Liabilities: Due Within One Year 1,897,368 302,993 2,200,361 Due In More Than One Year 13,189,665 1,598,157 14,787,822 Total Liabilities 20,169,881 2,124,378 22,294,259 DEFERRED INFLOWS OF RESOURCES Unavailable Revenue - Property Taxes 2,103,515 46,004 2,149,519 NET POSITION Net Investment in Capital Assets 61,078,037 10,940,758 72,018,795 Restricted For: Emergencies 980,080 - 980,080 Capital Improvements 451,280 - 451,280 Urban Renewal 95,276 95,276 Purposes of Grantors 1,023,435 - 1,023,435 Unrestricted 34,504,143 1,955,681 36,459,824 Total Net Position 98,132,251$ 12,896,439$ 111,028,690$ The accompanying notes are an integral part of the financial statements. 19 TOWN OF AVON, COLORADO STATEMENT OF ACTIVITIES FOR THE YEAR ENDED DECEMBER 31, 2021 Operating Capital Charges for Grants and Grants and Functions/Programs Expenses Services Contributions Contributions Governmental Activities: General Government 6,169,567$ 333,474$ 46,880$ -$ Community Development 536,564 604,037 - - Public Safety 4,372,460 30,031 49,712 4,128 Public Works and Utilities 8,481,110 319,428 - - Recreation 1,917,182 1,141,324 8,250 - Mobility 84,167 - - 44,000 Interest and Fiscal Charges on Long-term Debt 412,275 - - - Total Governmental Activities 21,973,325 2,428,294 104,842 48,128 Business-type Activities: Mobility 2,465,889 363,685 1,025,745 967,643 Fleet Maintenance 1,637,288 1,292,350 - - Total Business-type Activities 4,103,177 1,656,035 1,025,745 967,643 Total Primary Government 26,076,502$ 4,084,329$ 1,130,587$ 1,015,771$ General Revenues: Property Taxes Real Estate Transfer Taxes Sales and Accommodation Taxes Other Taxes Unrestricted Investment Earnings (Loss) Grants and Contributions Not Restricted to Specific Programs Miscellaneous Contributions and Transfers Total General Revenues and Transfers Increase (Decrease) in Net Position Net Position - Beginning of Year (Restated) Net Position - End of Year The accompanying notes are an integral part of the financial statements. Program Revenues 20 Governmental Business-type Activities Activities Total (5,789,213)$ -$ (5,789,213)$ 67,473 - 67,473 (4,288,589) - (4,288,589) (8,161,682) - (8,161,682) (767,608) - (767,608) (40,167) - (40,167) (412,275) - (412,275) (19,392,061) - (19,392,061) - (108,816) (108,816) - (344,938) (344,938) - (453,754) (453,754) (19,392,061) (453,754) (19,845,815) 3,672,627 42,069 3,714,696 7,354,186 - 7,354,186 13,820,404 - 13,820,404 2,120,037 - 2,120,037 (7,865) - (7,865) 1,052,084 - 1,052,084 667,854 - 667,854 (2,093,460) 2,093,460 - 26,585,867 2,135,529 28,721,396 7,193,806 1,681,775 8,875,581 90,938,445 11,214,664 102,153,109 98,132,251$ 12,896,439$ 111,028,690$ Net (Expense) Revenue and Changes in Net Position 21 TOWN OF AVON, COLORADO BALANCE SHEET GOVERNMENTAL FUNDS DECEMBER 31, 2021 Avon Urban Debt Capital General Renewal Service Projects Fund Fund Fund Fund ASSETS Cash and Cash Equivalents 12,617,556$ 89,026$ 36,433$ 7,723,436$ Investments 1,997,707 - - 7,212,055 Receivables: - Interest 7,379 - - 4,941 - Taxes 4,873,249 2,746 - 262,612 - Accounts 58,849 - - - - Intergovernmental 14,624 3,504 - 61,153 - Employees 548 - - - Due from Other Funds 100,000 - - - Restricted Assets - Cash and Cash Equivalents - - - 451,280 Total Assets 19,669,912$ 95,276$ 36,433$ 15,715,477$ LIABILITIES Accounts Payable 187,982$ -$ -$ 1,080,734$ Accrued Liabilities 409,406 - - - Retainages Payable - - - 102,154 Unearned Revenue - - - 818,269 Deposits and Reserves 2,401,448 - - - Total Liabilities 2,998,836 - - 2,001,157 DEFERRED INFLOWS OF RESOURCES Unavailable Revenue - Property Taxes 2,103,515 - - - Total Deferred Inflows of Resources 2,103,515 - - - FUND BALANCES Restricted For: Emergencies 980,080 - - - Water Projects - - - - Community Enhancement - - - - Capital Improvements - - - 451,280 Urban Renewal Projects - 95,276 - - Committed For: Capital Improvements - - - 13,263,040 Exterior Energy Offset Programs - - - - Waste Reduction Programs - - - - Assigned For: Community Housing - - - - Debt Service - - 36,433 - Unassigned 13,587,481 - - - Total Fund Balances 14,567,561 95,276 36,433 13,714,320 Total Liabilities, Deferred Inflows of Resources, and Fund Balances 19,669,912$ 95,276$ 36,433$ 15,715,477$ The accompanying notes are an integral part of the financial statements. 22 RECONCILIATION OF TOTAL GOVERNMENTAL FUND BALANCE TO NET POSITION OF GOVERNMENTAL ACTIVITIES DECEMBER 31, 2021 Other Governmental Funds Total 2,429,782$ 22,896,233$ Total Governmental Fund Balances 30,956,721$ - 9,209,762 Amounts reported for governmental activities in the - 12,320 Statement of Net Position are different because: - 5,138,607 97,830 156,679 Capital assets used in governmental activities are not financial 62,736 142,017 resources and therefore are not reported as an asset in the - 548 governmental funds. - 100,000 - Capital assets 144,570,958 - 451,280 - Accumulated depreciation (72,559,891) 72,011,067 2,590,348$ 38,107,446$ Some liabilities, including bonds, notes and leases payable, and compensated absences are not due and payable in the current period 44,712$ 1,313,428$ and therefore are not reported as liabilities in the governmental funds. 1,205 410,611 - Tax Increment Revenue Bonds payable (5,362,945) - 102,154 - Certificates of Participation payable (8,829,000) - 818,269 - Unamortized bond premium (238,886) 1,300 2,402,748 - Compensated absences payable (496,601) (14,927,432) 47,217 5,047,210 Long-term receivables which are not available to pay for current period expenditures and are not reported in the governmental funds.3,522,309 - 2,103,515 Deferred outflows of resources are not available to pay for current period - 2,103,515 expenditures and therefore are deferred in the funds. - Deferred Charge on Refunding of Debt 127,860 Accrued interest payable is recognized for governmental activities - 980,080 but is not due and payable in the current period and therefore is not 722,014 722,014 reported as a liability in the governmental funds.(30,773) 301,421 301,421 - 451,280 The internal service fund is used by management to charge the rental - 95,276 cost of certain vehicles and equipment to individual funds. The assets and liabilities of the internal service fund is included in governmental - 13,263,040 activities in the statement of net position.6,472,499 109,238 109,238 107,151 107,151 Net Position of Governmental Activities 98,132,251$ 1,303,307 1,303,307 - 36,433 - 13,587,481 2,543,131 30,956,721 2,590,348$ 38,107,446$ 23 TOWN OF AVON, COLORADO STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS FOR THE YEAR ENDED DECEMBER 31, 2021 Avon Urban Debt Capital General Renewal Service Projects Fund Fund Fund Fund Revenues Taxes 17,984,254$ 1,628,814$ -$ 7,354,186$ Licenses and Permits 453,213 - - - Intergovernmental 1,143,901 - - 61,153 Charges for Services 1,481,861 - - - Fines and Forfeitures 45,753 - - - Investment Earnings 4,385 21 6 (12,481) Other Revenues 475,397 - 7,133 34,550 Total Revenues 21,588,764 1,628,835 7,139 7,437,408 Expenditures Current: General Government 5,058,990 54,982 - - Community Development 539,138 - - Public Safety 4,169,397 - - - Public Works and Utilities 4,476,007 - - - Recreation 1,622,206 - - - Capital Improvements - - - 4,542,239 Debt Service: Principal - 605,278 706,000 76,647 Interest - 143,841 253,885 5,352 Fiscal Charges - 2,400 6,951 - Total Expenditures 15,865,738 806,501 966,836 4,624,238 Excess (Deficiency) of Revenues Over (Under) Expenditures 5,723,026 822,334 (959,697) 2,813,170 Other Financing Sources (Uses) Transfers In 341,648 - 968,485 928,500 Transfers Out (1,700,000) (750,000) - (2,128,593) Total Other Financing Sources (Uses)(1,358,352) (750,000) 968,485 (1,200,093) Net Change in Fund Balances 4,364,674 72,334 8,788 1,613,077 Fund Balances, Beginning of Year 10,202,887 22,942 27,645 12,101,243 Fund Balances, End of year 14,567,561$ 95,276$ 36,433$ 13,714,320$ The accompanying notes are an integral part of the financial statements. 24 RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES FOR THE YEAR ENDED DECEMBER 31, 2021 Other Net change in fund balances - Total Governmental Funds 5,336,091$ Governmental Funds Total Amounts reported for governmental activities in the Statement of Activities are different because: -$ 26,967,254$ 8,434 461,647 Governmental funds report capital outlays as expenditures. However, - 1,205,054 for governmental activities, those capital outlays other than 260,491 1,742,352 noncapitalizable items are shown in the Statement of Activities and the - 45,753 cost of those assets is allocated over their estimated useful lives and 34 (8,035) reported as depreciation expense: 152,380 669,460 - Capital outlay 7,173,086 - Depreciation (6,108,463) 421,339 31,083,485 1,064,623 Expenses reported in the Statement of Activities that do not require the use of current financial resources are not reported as expenditures 967,457 6,081,429 in governmental funds. 12,000 551,138 - Change in compensated absences payable 41,908 - 4,169,397 - Change in accrued interest payable on outstanding bonds 2,023 136,164 4,612,171 - Amortization of bond premium 13,911 - 1,622,206 - Amortization of deferred charge on refunding (15,780) - 4,542,239 42,062 - 1,387,925 Payment received on affordable housing notes receivable are reported - 403,078 as revenue in the governmental funds, but the repayment reduces - 9,351 notes receivable in the Statement of Net Position (2,786) 1,115,621 23,378,934 The issuance of long-term debt provides current financial resources to governmental funds, while the repayment of principal of long-term debt consumes the current financial resouces of governmental funds. Neither (694,282) 7,704,551 transaction has any effect on net position. Principal Repayments: - Tax Increment Revenue Bonds payable 605,278 - 2,238,633 - Certificates of Participation payable 706,000 (28,500) (4,607,093) 1,311,278 (28,500) (2,368,460) The internal service fund is used by management to charge the rental cost of certain vehicles and equipment to individual funds. The (722,782) 5,336,091 decrease in net position of the internal service fund is included in governmental activities.(557,462) 3,265,913 25,620,630 Change in Net Positon of Governmental Activities 7,193,806$ 2,543,131$ 30,956,721$ 25 TOWN OF AVON, COLORADO STATEMENT OF NET POSITION PROPRIETARY FUNDS DECEMBER 31, 2021 Governmental Fleet Activities - Mobility Maintenance Internal Fund Fund Totals Service Fund ASSETS Current Assets: Cash and Cash Equivalents 576,800$ 45,190$ 621,990$ 3,476,960$ Receivables: - Taxes 46,733 - 46,733 - - Accounts 14,310 - 14,310 - Intergovernmental 871,898 188,354 1,060,252 - Deferred Expense 195,336 - 195,336 - Inventory - 477,475 477,475 - Total Current Assets 1,705,077 711,019 2,416,096 3,476,960 Noncurrent Assets: Capital Assets: - Land 281,450 130,384 411,834 - - Buildings 11,239,736 5,639,286 16,879,022 - - Machinery and Equipment 4,001,258 330,801 4,332,059 7,399,771 - Accumulated Depreciation (5,269,367) (3,618,833) (8,888,200) (4,239,766) Total Noncurrent Assets 10,253,077 2,481,638 12,734,715 3,160,005 Total Assets 11,958,154 3,192,657 15,150,811 6,636,965 DEFERRED OUTFLOW OF RESOURCES Deferred Charge on Refunding of Debt - 16,010 16,010 - Total Deferred Outflow of Resources - 16,010 16,010 - LIABILITIES Current Liabilities: Accounts Payable 13,368 149,220 162,588 4,865 Accrued Liabilities 39,483 19,461 58,944 - Accrued Interest Payable - 1,696 1,696 - Compensated Absences Payable 57,027 34,156 91,183 - Due to Other Funds - 100,000 100,000 - Certificates of Participation - Current - 175,000 175,000 - Capital Leases Payable - Current 36,810 - 36,810 51,969 Total Current Liabilities 146,688 479,533 626,221 56,834 Noncurrent Liabilities: Certificates of Participation - 1,480,000 1,480,000 - Capital Leases Payable 118,157 - 118,157 107,632 Total Noncurrent Liabilities 118,157 1,480,000 1,598,157 107,632 Total Liabilities 264,845 1,959,533 2,224,378 164,466 DEFERRED INFLOWS OF RESOURCES Unavailable Revenue - Property Taxes 46,004 - 46,004 - Total Deferred Inflows of Resources 46,004 - 46,004 - NET POSITION Net Investment in Capital Assets 10,098,110 842,648 10,940,758 3,000,404 Unrestricted 1,549,195 406,486 1,955,681 3,472,095 Total Net Position 11,647,305$ 1,249,134$ 12,896,439$ 6,472,499$ The accompanying notes are an integral part of the financial statements. Business-Type Activities - Enterprise Funds 26 TOWN OF AVON, COLORADO STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET POSITION PROPRIETARY FUNDS FOR THE YEAR ENDED DECEMBER 31, 2021 Governmental Fleet Activities - Mobility Maintenance Internal Fund Fund Totals Service Fund Operating Revenues: Charges for Services 252,272$ 1,282,439$ 1,534,711$ 750,789$ Other Operating Revenues 111,413 9,911 121,324 1,180 Total Operating Revenues 363,685 1,292,350 1,656,035 751,969 Operating Expenses: Cost of Operations 2,016,031 1,475,360 3,491,391 628 Depreciation and Amortization 443,697 137,989 581,686 607,829 Total Operating Expenses 2,459,728 1,613,349 4,073,077 608,457 Operating Income (Loss)(2,096,043) (320,999) (2,417,042) 143,512 Nonoperating Revenues (Expenses): Taxes 42,069 - 42,069 - Grants 1,993,388 - 1,993,388 - Investment Earnings - - - 170 Gain (Loss) on Disposal of Capital Assets - - - (10,932) Interest Expense (6,161) (23,939) (30,100) - Total Nonoperating Revenues (Expenses)2,029,296 (23,939) 2,005,357 (10,762) Income (Loss) Before Contributions and Transfers (66,747) (344,938) (411,685) 132,750 Capital Contributions and Transfers Contributed Capital In (Out)- - - (965,212) Transfers In (Out)1,500,000 593,460 2,093,460 275,000 Total Capital Contributions and Transfers 1,500,000 593,460 2,093,460 (690,212) Change in Net Position 1,433,253 248,522 1,681,775 (557,462) Net Position, Beginning of Year 10,214,052 1,000,612 11,214,664 7,029,961 Net Position, End of Year 11,647,305$ 1,249,134$ 12,896,439$ 6,472,499$ The accompanying notes are an integral part of the financial statements. Business-Type Activities - Enterprise Funds 27 TOWN OF AVON, COLORADO STATEMENT OF CASH FLOWS PROPRIETARY FUNDS FOR THE YEAR ENDED DECEMBER 31, 2021 Governmental Fleet Activities - Mobility Maintenance Internal Fund Fund Totals Service Fund Cash Flows From Operating Activities Cash Received from Customers and Users 255,647$ 633,817$ 889,464$ -$ Cash Received from Interfund Services Provided - 603,293 603,293 750,789 Cash Payments to Suppliers (585,786) (539,339) (1,125,125) (14,636) Cash Payments to Employees (1,093,735) (853,351) (1,947,086) - Cash Payments for Interfund Services Used (374,529) (18,267) (392,796) - Other Operating Revenues 111,413 9,911 121,324 1,180 Net Cash Provided by (Used in) Operating Activities (1,686,990) (163,936) (1,850,926) 737,333 Cash Flows From Noncapital Financing Activities Taxes Received 41,340 - 41,340 - Grants Received 1,121,490 - 1,121,490 - Net Borrowings (To) From Other Funds 200,000 (200,000) - - Transfers In (Out) from Other Funds 1,500,000 593,460 2,093,460 275,000 Net Cash Provided by Noncapital Financing Activities 2,862,830 393,460 3,256,290 275,000 Cash Flows From Capital Financing Activities Acquisition and Construction of Capital Assets (1,017,685) - (1,017,685) (801,520) Sales of Capital Assets - - - 91,150 Interest Paid on Long-term Debt (6,161) (22,461) (28,622) - Principal Paid on Long-term Debt (35,594) (171,000) (206,594) - Net Cash Used in Capital Financing Activities (1,059,440) (193,461) (1,252,901) (710,370) Cash Flows From Investing Activities Investment Earnings - - - 170 Net Cash Provided by Investing Activities - - - 170 Net Increase in Cash and Cash Equivalents 116,400 36,063 152,463 302,133 Cash and Cash Equivalents, Beginning of Year 460,400 9,127 469,527 3,174,827 Cash and Cash Equivalents, End of Year 576,800$ 45,190$ 621,990$ 3,476,960$ The accompanying notes are an integral part of the financial statements. Business-Type Activities - Enterprise Funds 28 Governmental Fleet Activities - Transit Maintenance Internal Fund Fund Totals Service Fund RECONCILIATION OF OPERATING INCOME (LOSS) TO NET CASH PROVIDED BY (USED IN) OPERATING ACTIVITIES Operating Income (Loss)(2,096,043)$ (320,999)$ (2,417,042)$ 143,512$ Adjustments to Reconcile Operating Loss to Net Cash Provided by (Used in) Operating Activities Depreciation and Amortization 443,697 137,989 581,686 607,829 Change in Assets and Liabilities: (Increase) Decrease in Accounts Receivable 3,375 - 3,375 - (Increase) Decrease in Intergov. Receivable - (45,328) (45,328) - ( Increase) Decrease in Deferred Expense (40,486) - (40,486) - (Increase) Decrease in Inventory - 10,302 10,302 - Increase (Decrease) in Accounts Payable (4,217) 77,551 73,334 (14,008) Increase (Decrease) in Accrued Liabilities 2,208 (150) 2,058 - Increase (Decrease) in Compensated Absences 4,476 (23,301) (18,825) - Total Adjustments 409,053 157,063 566,116 593,821 Net Cash Provided by (Used in) Operating Activities (1,686,990)$ (163,936)$ (1,850,926)$ 737,333$ NONCASH INVESTING, CAPITAL AND FINANCING ACTIVITIES Noncash Transactions Affecting Financial Position Contributions of Capital Assets from Governmental Activities -$ -$ -$ 213,610$ Contributions of Capital Assets to Governmental Activities - - - (1,255,469) Capital Assets Disposed - - - (102,082) Principal on Capital Leases Paid from Governmental Activities - - - 76,647 -$ -$ -$ (1,067,294)$ Business-Type Activities - Enterprise Funds 29 TOWN OF AVON, COLORADO NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2021 The financial statements of the Town of Avon have been prepared in conformity with generally accepted accounting principles (“GAAP”) as applied to governmental entities. The Governmental Accounting Standards Board (“GASB”) is the accepted standard-setting board for establishing governmental accounting and financial reporting principles. The following notes are an integral part of the Town’s Annual Financial Report. Note 1. Summary of Significant Accounting Policies A. Financial Reporting Entity Primary Government. The Town of Avon, Colorado, was incorporated as a Town on April 24, 1978. On June 13, 1978, the citizenry voted to become a Home Rule City, as authorized by Article 20 of the Colorado State Constitution. The Town operates under a Council- Manager form of government and provides the following services as authorized by its charter: public safety, highways and streets, culture-recreation, public improvements, community development, planning and zoning, transportation, and general administrative services. As required by generally accepted accounting principles, these financial statements present the Town of Avon (the primary government) and its component unit for which the Town is considered financially accountable. Financial accountability exists if the Town appoints a voting majority of an organization’s governing board and is able to impose its will on the organization, or if the organization provided benefits to, or imposes financial burdens upon the Town. Blended component units, although legally separate entities, are, in substance, part of the Town’s operations, so data from these units are combined with data of the Town. The Town’s blended component units are – Avon Urban Renewal Authority – The Avon Urban Renewal Authority (AURA) was created pursuant to Urban Renewal Law of the State of Colorado on June 26, 2007 by Town Resolution No. 07-20 for the purpose of undertaking certain urban renewal activities within the Town. The boundaries of the AURA are coterminous with the boundaries of the Town. The bylaws of the AURA provide that the members of the Avon Town Council shall constitute the Commissioners of the AURA and the Town Manager serves as the Executive Director and Secretary. While the AURA is a separate legal entity, for financial reporting purposes it is blended with the Town’s financial statements and is reported in a special revenue fund as a blended component unit. The Town has a “moral obligation” for the repayment of urban renewal authority bonds. The Town accounts for the collection of tax increment property tax revenues and maintains all accounting records. A separate budget is adopted by the AURA Commissioners. Avon General Improvement District No. 1 – The Town of Avon General Improvement District No. 1 was organized on August 28, 2007, by adoption of Ordinance No. 07-07. The services to be provided within and for the District include transportation and recreation services and include the property known as Lots 1 and 2 of the final plat of the Chateau St. Claire 30 subdivision, now commonly known as the Ascent. The members of the Avon Town Council constitute the Board of the District. The District levies a property tax to be used for transportation operations. Because the governing body of the District is substantively the same as the Town and there is a financial benefit between the District and the Town, for financial reporting purposes the District is blended into the Town’s financial statements and is reported in the Mobility enterprise fund as a blended component unit. Separate budgets and financial statements of the District are not adopted or issued. B. Government-wide and Fund Financial Statements Government-wide Financial Statements. The government-wide financial statements (i.e. the Statement of Net Position and the Statement of Activities) report information on all non- fiduciary activities of the Town (the primary government) and its component units. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business-type activities, which primarily rely on fees and charges for support. Generally, interfund activity has been eliminated from the government-wide financial statements except for interfund services provided and used. The Statement of Activities demonstrates the degree to which the direct expenses of a given function or business segment are offset by program revenues and helps identify the extent to which each is self-financing or draws from the general revenues of the Town. Direct expenses are those that are clearly identifiable with a specific function or business segment. Program revenues include 1) charges to customers who purchase, use, or directly benefit from goods, services, or privileges provided by a given function and, 2) grants and contributions that are restricted to meeting the operational or capital requirements of a function or business segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. Fund Financial Statements. Fund financial statements report detailed information about the Town with the focus on major funds rather than on reporting funds by type. Separate financial statements are provided for governmental funds and proprietary funds. Major individual governmental funds and major individual enterprise funds are reported as separate columns in the fund financial statements. Nonmajor funds are aggregated and presented in a single column. The internal service fund is presented in a single column on the face of the proprietary fund statements. C. Measurement Focus, Basis of Accounting and Financial Statement Presentation Measurement Focus and Basis of Accounting. The government-wide financial statements have been prepared using the economic resources measurement focus and the accrual basis of accounting. This is the same approach used in the preparation of the proprietary fund financial statements. Revenues are recognized when earned and expenses are recognized when the liability is incurred regardless of the timing of related cash flows. Depreciation is computed and recorded as an operating expense. Expenditures for property, plant and equipment are 31 TOWN OF AVON, COLORADO NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2021 shown as increases in assets and redemption of bonds and notes are recorded as a reduction in liabilities. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenue is recorded when susceptible to accrual, i.e., both measurable and available. Available means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period (60 days). The major sources of revenue which are susceptible to accrual are property taxes, accommodations and sales taxes, and certain intergovernmental revenues. Expenditures generally are recorded when the liability is incurred, as under full accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. Financial Statement Presentation – Fund Accounting. A fund is defined as a fiscal and accounting entity with a self-balancing set of accounts which are segregated for the purpose of accounting for specific activities. The Town uses funds to report results of operations and financial position, and demonstrate compliance with legal, contractual and regulatory requirements. The Town’s funds are classified into two broad fund categories and six generic fund types for financial reporting purposes: Governmental funds include the general, special revenue, debt service, and capital projects funds. Proprietary funds include enterprise funds and an internal service fund. The Town’s major governmental funds are: • General Fund – This is the Town’s primary operating fund. It is used to account for all activities of the Town not required to be accounted for in some other fund. • Avon Urban Renewal Fund – This fund is used to account for the receipt of tax increment revenues and the activities of redevelopment that are undertaken by the Avon Urban Renewal Authority, including issuing debt and constructing public improvements. • Debt Service Fund – This fund is used to account for the accumulation of resources and payment of principal and interest on the Town’s general obligation and sales tax revenue bonds. • Capital Projects Fund – This fund is used to account for the acquisition and construction of major capital facilities other than those financed by proprietary funds. Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund’s principal ongoing operations. The principal operating revenues of all the Town’s enterprise and internal service funds are charges to customers for sales and services. Operating expenses for enterprise and internal service funds include the cost of sales and services, administrative expenses, and depreciation on 32 capital assets. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses. The Town’s major proprietary funds are: • Mobility Fund – This fund is used to account for the activities involved in operating the Town’s transportation system. • Fleet Maintenance Fund – This fund is used to account for the accumulation and allocation of costs associated with the maintenance of vehicles and rolling stock for the Town and certain other third-party governmental entities. The Town’s only internal service fund is the Equipment Replacement Fund. This fund is used to account for the rental of certain vehicles and equipment to other departments for the accumulation of funds for future replacement. D. Budget Information Budgets are adopted on a basis consistent with generally accepted accounting principles for all funds, except for proprietary funds which are budgeted on the modified accrual basis of accounting. According to the Town’s Charter, all appropriations except for capital projects or special revenue funds lapse at fiscal year-end. However, as a matter of practice, the Town adopts annual budgets for all funds. During the year, changes may be made to budgets by adoption of supplemental amendments by resolution of the Town Council. E. Assets, Liabilities, and Deferred Outflow/Inflows of Resources Cash, Cash Equivalents, and Investments. The Town concentrates the cash resources of its various funds to facilitate the management of cash. The balance in this concentration account is available to meet the Town’s current operating requirements. Cash resources more than current requirements is invested in various interest-bearing securities and disclosed as part of the Town’s investments. Cash and cash equivalents include amounts in demand deposits as well as short-term investments with a maturity date within 3 months of the date acquired by the Town. Town Charter and Colorado State statutes authorize the Town to invest its excess funds in direct U.S. Government treasury and agency securities, bonds and other obligations of states and political subdivisions, corporate bonds, and local government investment pools. Investments are stated at fair value. The change in fair value of investments is recognized as an increase or decrease to investment assets and investment income. Inventories. Inventories are valued at cost using the first-in/first-out (FIFO) method. The costs of any governmental fund inventories are recorded as expenditures when consumed rather than when purchased. 33 TOWN OF AVON, COLORADO NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2021 Restricted Assets. Restricted assets in the amount of $451,280 are reported in the Capital Projects Fund. This consists of an escrow account with FirstBank for accumulating funds for asphalt overlay in the Village at Avon pursuant to the Town’s lawsuit settlement agreement with Traer Creek Metropolitan District and the developer. When both restricted and unrestricted resources are available for use, it is the Town’s policy to use unrestricted resources first, then restricted, as they are needed. Capital Assets. Capital assets, which include property, plant, equipment, and infrastructure assets are reported in the applicable governmental or business-type activities columns in the government-wide financial statements. It is the Town’s policy to capitalize expenditures with a cost greater than $5,000 and an estimated useful life of more than one year. All purchased capital assets are stated at cost or estimated historical cost if actual historical records are not available. Donated capital assets and donated works of art and similar items are recorded at acquisition value at the date of contribution. Major outlays for capital improvement projects are capitalized as projects are completed. The Town’s infrastructure consists of streets and roads, bridges, storm drainage, water rights and storage, heat recovery system, irrigation ditches, bike paths, and public parking. The costs of normal maintenance and repair that do not add to the value of the asset or extend the estimated useful life are not capitalized but charged to operations as incurred. Depreciation of property, plant and equipment is computed using the straight-line method over the following estimated useful lives: Buildings 10-50 years Utilities 10-50 years Machinery and Equipment 3-15 years Infrastructure 10-100 years Deferred Outflow/Inflows of Resources. Deferred outflows of resources represent a consumption of net assets that applies to future periods that will not be recognized as an outflow of the resources (expenditure) until the future period. At the end of the current fiscal year, the Town had a deferred outflow of resources for unamortized deferred refunding losses. In the government-wide and proprietary funds statement of net position deferred charge on refunding of debt is the result of the difference between the carrying value of refunded debt and its reacquisition price. This amount is deferred and amortized over the life of the refunding bonds. Deferred inflows of resources represent an acquisition of net assets that applies to future periods that will not be recognized as an inflow of resources (revenue) until that time. The Town has one item that qualifies for reporting in this category: unavailable revenue. Unavailable revenue is reported in the government-wide and proprietary fund statement of net position and in the governmental funds balance sheet. The Town reports unavailable revenue from one source: property taxes: unavailable revenue – property taxes is reported in the 34 government-wide and proprietary funds statement of net position and in the governmental funds balance sheet. These amounts are deferred and recognized as an inflow of resources in the period that the amounts become available. Deferred outflows of resources are presented below the total assets on the government-wide, proprietary, and governmental fund statements. Deferred inflows of resources are presented below the total liabilities on the government-wide, proprietary, and governmental fund statements. Long-term Obligations. In the government-wide and proprietary fund statement of net position long-term debt and other long-term obligations are reported as liabilities in the applicable governmental activities, business-type activities, or proprietary fund type statement of net position. Bond premiums and discounts are deferred and amortized over the life of the bonds using the straight-line method, which approximates the interest method. Bonds payable are reported net of the applicable bond premium or discount. In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as bond issuance costs, during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources while discounts on debt issuances are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds are reported as debt service expenditures. F. Property Taxes Property taxes are levied by the Town Council. The levy is based on the assessed valuation of property located within the Town as determined by the County Assessor generally as of January 1 of each year. The levy is normally set by December 15 by certification to the County Commissioners. The County Treasurer collects the property taxes during the ensuing calendar year and remits the taxes collected to the Town on a monthly basis. Property taxes are payable in full by April 30, or if in two equal installments, by February 28 and June 15. Delinquent taxpayers are notified in August and generally sales of the tax liens on delinquent properties are held in November or December. Property taxes, net of estimated uncollectible taxes, are recorded as receivable in the year levied and offset to deferred inflows of resources as unavailable revenue since they typically do not meet the availability criterion. G. Compensated Absences It is the Town’s policy to permit employees to accumulate earned but unused personal time off (a combination of vacation and holidays) and sick pay benefits. There is no liability for unpaid accumulated sick leave since the Town’s policy is to not pay for accumulated sick leave when employees separate from service. The liability for compensated absences is recorded as a non-current liability in the government-wide financial statements. 35 TOWN OF AVON, COLORADO NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2021 The current portion of this debt is estimated based on historical trends. In the fund financial statements, governmental funds report a compensated liability payable only if it has matured, for example, as a result of employee resignations and retirements, while the proprietary funds report the liability as it is incurred. Within the governmental funds, the General Fund typically is used to liquidate any liabilities for compensated absences. H. Fund Equity The following fund balance classifications describe the relative strength of the spending constraints placed on the purposes for which resources can be used: • Nonspendable fund balance – amounts that are not in a spendable form (such as inventory or prepaid charges) or are required to be maintained intact; • Restricted fund balance – amounts constrained to specific purposes by their providers (such as grantors, bondholders, and higher levels of government), through constitutional provisions, or by enabling legislation; • Committed fund balance – amounts constrained to specific purposes by a government itself, using its highest level of decision-making authority. In Avon’s case this is an ordinance adopted by the Town Council. To be reported as committed, amounts cannot be used for any other purpose unless the government takes the same highest-level action to remove or change the constraint; • Assigned fund balance – amounts a government intends to use for a specific purpose; intent can be expressed by the governing body or an official or body to which the governing body delegates the authority. As a general rule, assigned fund balances are established through the budget adoption process by the Town Council. • Unassigned fund balance – amounts that are available for any purpose; positive amounts are reported only in the general fund. The Town establishes (and modifies or rescinds) fund balance commitments by passage of an ordinance. A fund balance commitment is further indicated in the budget document as a designation or commitment of the fund. Assigned fund balance is established by the Town Council through adoption or amendment of the budget as intended for a specific purpose (such as the purchase of capital assets, construction, debt service, or other purposes). When fund balance resources are available for a specific purpose in more than one classification, it is the Town’s policy to use the most restrictive funds first in the following order: restricted, committed, assigned, and unassigned as they are needed. The Town considers all unassigned fund balances to be “reserves” for future operations or capital replacement as defined within Article X, Section 20 of the Constitution of the State of Colorado (see Note 10). 36 I. Statements of Cash Flows For purposes of the statement of cash flows, the Town considers all highly liquid investments with a maturity when purchased of three months or less and all local government investment pools to be cash equivalents. J. Debt Costs Unamortized premiums of $238,886 are reflected in noncurrent liabilities. Premiums are amortized over the remaining lives of the related debt issues using the effective interest method. Note 2. Legal Compliance – Budgets No later than October 15th, the Town Manager submits to the Mayor and Town Council a proposed budget for the calendar year commencing the following January 1st. The budget is prepared by fund, department, program and project and includes information on the prior year, current estimates and requested appropriations and estimated revenues for the upcoming year. The Town Council holds public hearings and may change appropriations except for expenditures required by law for debt service or for estimated cash deficits. No change to the budget may increase the authorized expenditures to any amount greater than the total amount of funds available. The Town Council must adopt the budget by resolution prior to December 15th. Once adopted, the Town Council may at any time, by resolution, amend the budget. In addition, the Town Manager may transfer part or all of any unencumbered appropriation balance among programs within a department. A department is defined by the Town as a distinct, principal, or specialized division (e.g. the Department of Public Works). Expenditures may not legally exceed budgeted appropriations at the fund level. Budgetary comparisons in the accompanying combined financial statements and in the individual fund statements are presented at a lower-than-required level of control to facilitate detailed financial analysis. The Avon Urban Renewal Fund expenditures exceeded budgeted appropriations during 2021. This may be a violation of Colorado budget law. 37 TOWN OF AVON, COLORADO NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2021 Note 3. Cash and Investments Cash and investments as of December 31, 2021 are classified in the accompanying financial statements as follows: Cash and Cash Equivalents Investments Restricted Assets - Cash and Cash Equivalents $ 27,025,183 9,209,762 451,280 Total $ 36,686,225 Cash and investments as of December 31, 2021 consist of the following: Cash on Hand Demand Deposits Other Deposits with Financial Institutions Local Government Investment Pools Investments $ 5,075 2,659,638 451,280 29,360,783 4,209,449 Total $ 36,686,225 Investments Authorized by the Town of Avon Investment Policy The table below identifies the investment types that are authorized for the Town by the Town’s investment policy. The table also identifies certain provision of the Town’s investment policy that address interest rate risk, credit risk, and concentration of credit risk. Authorized Investment Type Maximum Maturity Maximum Percentage Of Portfolio Maximum Investment In One Issuer U.S. Government Treasury Securities U.S. Government Agency Securities Repurchase Agreements Commercial Paper General Obligation Debt Revenue Obligation Debt Local Government Investment Pools 5 years 5 years 180 days 270 days 5 years 5 years N/A None None None 20% None None None None None None 5% None None None Fair Value of Investments The Town measures and records its investments using fair value measurement guidelines established by generally accepted accounting principles. These guidelines recognize a three- tiered fair value hierarchy, as follows: • Level 1: Quoted prices for identical investments in active markets; • Level 2: Observable inputs other than quoted market prices; and, • Level 3: Unobservable inputs. 38 At December 31, 2021, the Town had the following recurring fair value measurements: Fair Value Measurements Using Investments Measured at Fair Value Total Level 1 Level 2 Level 3 U.S. Government Treasury Securities Federal Instrumentality Securities Colotrust Edge $ 2,705,500 1,503,979 13,000,735 $ 2,705,500 1,503,979 13,000,735 $ - - - $ - - - Total $17,210,214 $17,210,214 $ - $ - Investments Measured at Net Asset Value Total Colotrust $16,360,048 Debt and equity securities classified in Level 1 are valued using prices quoted in active markets for those securities. Debt and equity securities classified in Level 2 are valued using the following approaches: • U.S. Government treasury securities, U.S. Government agency securities, and commercial paper: quoted prices for identical securities in markets that are not active; • Corporate and municipal bonds: quoted prices for similar securities in active markets; • Repurchase agreements, negotiable certificates of deposit, and collateralized debt obligations: matrix pricing based on the securities’ relationship to benchmark quoted prices. At December 31, 2021 unrealized losses were $28,084 which reflects changes in the fair market value of investments. Interest Rate Risk Interest rate risk is the risk that changes in market interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an investment, the greater the sensitivity of its fair value to changes in market interest rates. The investment policy of the Town states that, to the extent possible, investments shall be matched with anticipated cash flow requirements and known future liabilities. Unless matched to a specific cash flow requirement, the Town will not invest in securities maturing more than five years from the date of purchase. In addition, the Town shall maintain at least 15% of its total investment portfolio in investments maturing in 120 days or less. At least 10% of the portfolio shall be invested in overnight investments or securities that can be sold to raise cash on one day’s notice. Information about the sensitivity of the fair values of the Town’s investments to market interest rate fluctuations is provided by the following table that shows the distribution of the Town’s investments by maturity: 39 TOWN OF AVON, COLORADO NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2021 Weighted Average Maturity (in Years) U.S. Government Treasury Notes U.S. Government Agency Securities: Federal Home Loan Bank Federal Home Loan Mortgage Corp. Colotrust $ 2,705,500 506,019 997,960 29,360,783 1.91 0.68 0.75 NA Total $ 33,570,262 Credit Risk Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. Presented below is the minimum rating, as required by the Town’s investment policy, for investments of the Town as of December 31, 2021. Ratings Standard & Poor’s Investment AAAm AA+ AA+ AA+ AA+ AA+ AA+ Colotrust US Treasury Government National Mortgage Assoc. Federal Farm Credit Bank Federal Home Loan Bank Federal Home Loan Mortgage Corporation Federal National Mortgage Corporation Concentration of Credit Risk Except for commercial paper investments, the investment policy of the Town contains no limitations on the amount that can be invested in any one issuer. Commercial paper issuers are limited to no more than 5% of the Town’s portfolio. The Town had no direct investments in commercial paper at December 31, 2021. The Town did not have any investments in any one issuer (other than U.S. Treasury obligations and local government investment pools) that represented 5% or more of total Town investments. Custodial Credit Risk Deposits. Custodial credit risk for deposits is the risk that, in the event of the failure of a depository financial institution, the Town would not be able to recover its deposits or would not be able to recover collateral securities that are in the possession of an outside party. 40 The Town’s deposits are entirely covered by federal depository insurance (“FDIC”) or by collateral held under Colorado’s Public Deposit Protection Act (“PDPA”). The FDIC insures the first $250,000 of the Town’s deposits at each financial institution. Deposit balances over $250,000 are collateralized as required by PDPA. The Colorado Public Deposit Protection Act (PDPA) requires that cash be deposited in eligible public depositories and that deposits in excess of federal insurance levels must be collateralized. The eligible collateral is determined by the PDPA. PDPA allows the institution to create a single collateral pool for all public funds with the Town being a named participant in the single institution collateral pool. The minimum pledging requirement is 102% of the uninsured deposits. The Colorado State Banking Board verifies the market value at least monthly. Bank assets (usually securities) are required by PDPA to be delivered to a third-party institution for safekeeping and pledged to the Colorado Division of Banking. Based on the above, the Colorado State Auditor has concluded that there is no custodial risk for public deposits collateralized under PDPA. The carrying amount of the Town’s demand deposits was $2,659,638 at year end. Investments. Custodial credit risk for investments is the risk that, in the event of the failure of the counterparty (e.g. broker-dealer) to a transaction, the Town would not be able to recover the value of its investment or collateral securities that are in the possession of another party. The Town’s investment policy provides that all investment securities, except certificates of deposit, local government investment pools, and money market funds purchased by the Town shall be settled on a delivery versus payment basis and will be delivered by either book entry or physical delivery and will be held in third-party safekeeping by the Town’s approved custodian bank, its correspondent bank or the Depository Trust Company. An approved Safekeeping Agreement must be executed with each custodian bank prior to utilizing that bank’s safekeeping services. Local Government Investment Pools Local government investment pools are trusts established for local government entities in Colorado to pool surplus funds. The State Securities Commissioner administers and enforces all State statutes governing the trusts. A designated custodial bank serves as custodian pursuant to a custodian agreement. The custodian acts as safekeeping agent for the trusts’ investment portfolios and provides services as the depository in connection with direct investments and withdrawals. The custodian's internal records segregate investments owned by the trusts. The Town of Avon invests its surplus funds in the Colorado Local Government Liquid Asset Trust’s Colotrust Plus+ and Colotrust Edge funds. The Plus+ fund may invest in U.S. Treasury securities and repurchase agreements collateralized by U.S. Treasury securities as well as in certain obligations of U.S. government agencies, highest rated commercial paper and repurchase agreements collateralized by certain obligations of U.S. government agencies. The Plus+ fund is a stable $1.00 net asset value (NAV) fund that offers daily liquidity. At December 31, 2021, the Town’s investment in Colotrust Plus+ was 48.7% of the Town’s investment portfolio. The Edge fund is an enhanced cash, variable rate NAV fund that is 41 TOWN OF AVON, COLORADO NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2021 managed to approximate a $10.00 per share and offers weekly liquidity. As of December 31, 2021, the Town’s investment in Colotrust Edge was 38.7% of the Town’s investment portfolio. Note 4. Capital Assets Capital asset activity for the year ended December 31, 2021 was as follows: Governmental Activities: Beginning Balance (Restated) Increases Decreases Ending Balance Capital Assets, Not Being Depreciated: Land and Land Improvements Public Art Water Rights Deed Restrictions Construction in Progress Total Capital Assets, Not Being Depreciated $ 11,449,801 1,361,400 1,792,959 464,768 618,412 15,687,340 $ - - - 847,222 2,379,664 3,226,886 $ - - - - (624,889) (624,889) $ 11,449,801 1,361,400 1,792,959 1,311,990 2,373,187 18,289,337 Capital Assets, Being Depreciated: Depreciable Land Improvements Buildings Utilities Machinery and Equipment Infrastructure Total Capital Assets, Being Depreciated 190,870 27,632,075 4,771,174 7,153,077 92,397,325 132,144,521 314,372 231,670 52,439 1,015,130 818,413 2,432,024 - (126,717) - (768,436) - (895,153) 505,242 27,737,028 4,823,613 7,399,771 93,215,738 133,681,392 Less Accumulated Depreciation: Depreciable Land Improvements Buildings Utilities Machinery and Equipment Infrastructure Total Accumulated Depreciation (190,870) (10,672,492) (2,120,330) (4,298,292) (55,493,178) (72,775,162) (1,310) (945,143) (230,411) (607,829) (3,032,873) (4,817,566) - 126,717 - 666,354 - 793,071 (192,180) (11,490,918) (2,350,741) (4,239,767) (58,526,051) (76,799,657) Total Capital Assets, Being Depreciated, Net 59,369,359 (2,385,542) (102,082) 56,881,735 Governmental Activities Capital Assets, Net $ 75,056,699 $ 841,344 $ (726,971) $ 75,171,072 42 Business-type Activities: Beginning Balance Increases Decreases Ending Balance Capital Assets, Not Being Depreciated: Land Total Capital Assets, Not Being Depreciated Capital Assets, Being Depreciated: Buildings Machinery and Equipment Total Capital Assets, Being Depreciated $ 411,834 411,834 16,879,022 3,321,418 20,200,440 $ - - - 1,017,685 1,017,685 $ - - - (7,044) (7,044) $ 411,834 411,834 16,879,022 4,332,059 21,211,081 Less Accumulated Depreciation: Buildings and Facilities Machinery and Equipment Total Accumulated Depreciation (5,782,118) (2,531,440) (8,313,558) (421,818) (159,868) (581,686) - 7,044 7,044 (6,203,936) (2,684,264) (8,888,200) Total Capital Assets, Being Depreciated, Net 11,886,882 435,999 - 12,322,881 Business-type Activities Capital Assets, Net $ 12,298,716 $ 435,999 $ - $ 12,734,715 Depreciation expense was charged to functions/programs of the Town as follows: Governmental Activities: General Government Community Development Public Safety Public Works and Utilities, including general infrastructure assets Recreation Mobility $ 463,024 3,100 342,366 3,516,583 408,643 83,850 Total Depreciation Expense – Governmental Activities $ 4,817,566 Business-type Activities: Transportation Fleet Maintenance $443,697 137,989 Total Depreciation Expense – Business-type Activities $ 581,686 43 TOWN OF AVON, COLORADO NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2021 Note 5. Long-term Debt Revenue Bonds and Loans – Avon Urban Renewal Authority. In 2013, the Avon Urban Renewal Authority issued Series 2013 Tax Increment Revenue Bonds to refinance outstanding obligations of the Authority and to finance certain capital improvements. In 2017, the Avon Urban Renewal Authority issued Series 2017 Tax Increment Revenue Bonds to finance tenant improvements related to the future occupancy of a new Town Hall. In 2020, the Avon Urban Renewal Authority issued its Series 2020 Tax Increment Revenue Refunding Loan in the amount of $4,111,000 with an interest rate of 2.11%. This loan along with the release of the Series 2013 debt service reserve of $628,240 was used to refund the outstanding Series 2013 Tax Increment Revenue Bonds in the aggregate principal amount of $4,560,000. The refunding resulted in an economic gain of $176,403 with a cash flow savings of $883,089. The 2017 Bonds and the 2020 Loan constitute a pledge of, and an irrevocable first lien (but not an exclusive first lien), on all pledged revenues. Pledged revenues include the portion of the ad valorem proprietary taxes produced by the levies at the rates fixed each year by the governing bodies of the various taxing jurisdictions within the Urban Renewal Project Area. The levies are assessed upon that portion of the valuation for assessment of all taxable property in excess of a defined property tax base amount. The pledged revenues are reduced by a) any County collection fee (b) tax increment revenues required to be remitted by the Authority to the Confluence Metropolitan District pursuant to the Avon Station/Confluence IGA; and (c) ad valorem property taxes produced by a mill levy of any special district formed after May 28, 2009. Revenue bonds and loans outstanding at December 31, 2021, are as follows: Purpose Interest Rates Amount General Government – Avon Urban Renewal Authority 2.11% - 2.90% $ 5,362,945 Annual debt service requirements to maturity for revenue bonds outstanding at December 31, 2021, are as follows: Year Ending Avon Urban Renewal Authority December 31 Principal Interest 2022 2023 2024 2025 2026 2030-2031 $ 619,647 634,175 648,867 664,728 679,762 2,115,766 $ 129,525 114,861 99,843 84,466 68,705 125,452 Total $ 5,362,945 $ 622,852 44 Certificates of Participation. On November 16, 2010, the Town issued $6,680,000 of Series 2010 Certificates of Participation with interest rates of 2% to 5%. The Certificates evidence a proportionate interest in the base rentals and other revenues under an annually renewable lease purchase agreement dated as of November 1, 2010, between UMB Bank, solely in its capacity as trustee under the Indenture, as lessor, and the Town of Avon, as lessee. These Certificates were used to refund the outstanding 1998 Certificates of Participation in the aggregate principal amount of $3,990,000. The refunding resulted in an economic gain of $43,298 with a cash flow savings of $904,642. The remaining funds from the 2010 Certificates were used as matching funds for the construction of the Avon Regional Transit Facility, which was completed and placed into service in October 2013. On January 14, 2015, the Town issued $3,800,000 of Series 2014B Certificates of Participation with an interest rate of 3.03% to finance the cost of street improvements. The Certificates evidence a proportionate interest in the base rentals and other revenues under an annually renewable lease purchase agreement dated as of January 14, 2015, between UMB Bank, N.A., solely in its capacity as trustee under the Indenture, as lessor, and the Town of Avon, as lessee. On May 3, 2016, the Town held a special election concerning the financing for a joint public safety facility in partnership with the Eagle River Fire Protection District. The election was successful and on August 2, 2016, the Town issued $6,300,000 of Series 2016 Certificates of Participation with interest rates of 2% to 4%. The Certificates evidence a proportionate interest in the base rentals and other revenues under an annually renewable lease purchase agreement dated as of August 2, 2016, between UMB Bank, N.A., solely in its capacity as trustee under the Indenture, as lessor, and the Town of Avon, as lessee. On September 2, 2020, the Town issued $3,983,000 of Series 2020 Certificates of Participation with an interest rate of 1.23%. These Certificates, along with the release of the Series 2010 debt service reserve of $508,700 were used to refund the outstanding 2010 Certificates of Participation in the aggregate principal amount of $4,300,000. The refunding resulted in an economic gain of $640,454 with a cash flow savings of $1,227,703. The Certificates evidence a proportionate interest in the base rentals and other revenues under an annually renewable lease purchase agreement dated as of September 2, 2020, between UMB Bank, solely in its capacity as trustee under the Indenture, as lessor, and the Town of Avon, as lessee. Certificates of Participation outstanding at December 31, 2021, are as follows: Purpose Interest Rates Amount General Government – Refunding and Capital 1.23% - 4.0% $10,484,000 45 TOWN OF AVON, COLORADO NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2021 Annual debt service requirements to maturity for Certificates of Participation outstanding at December 31, 2021, are as follows: Year Ending December 31 Governmental Activities Business Activities Principal Interest Principal Interest 2022 2023 2024 2025 2026 2027-2031 2032-2035 $ 715,000 734,000 748,000 770,000 784,000 3,428,000 1,650,000 $ 238,558 222,992 203,973 184,605 167,720 511,360 124,068 $ 175,000 179,000 177,000 180,000 184,000 760,000 - $ 20,357 18,204 16,002 13,825 11,611 23,493 - Total $ 8,829,000 $ 1,653,276 $ 1,655,000 $ 103,492 Capital Lease Obligations. The following leases are renewable on an annual basis, at the option of the Town, for consecutive one-year periods. Upon final payment, title to the leased assets will pass to the Town. • Lease obligation for equipment with a total cost of $355,818 and a book value net of accumulated depreciation at December 31, 2021 of $252,607. Due in seven annual installments of $55,720 through November 2024. Amortization is based on an interest rate of 2.35%. The Town may terminate the lease by paying the applicable purchase option on any scheduled payment. Balance at December 31, 2021 is $159,601. • Lease obligation for equipment with a total cost of $258,258 and a book value net of accumulated depreciation at December 31, 2021 of $221,783. Due in fourteen semi- annual installments of $20,877 through August 2025. Amortization is based on an interest rate of 3.39%. The Town may terminate the lease by paying the applicable purchase option on any scheduled payment. Balance at December 31, 2021 is $154,967. Annual debt service requirements to maturity for Capital Lease Obligations outstanding at December 31, 2021, are as follows: Year Ending December 31 Governmental Activities Business Activities Principal Interest Principal Interest 2022 2023 2024 2025 $ 51,969 53,191 54,441 - $ 3,751 2,529 1,279 - $ 36,811 38,069 39,371 40,716 $ 4,944 3,686 2,384 1,038 Total $ 159,601 $ 7,559 $ 154,967 $ 12,052 46 Changes in Long-term Liabilities. Long-term liability activity for the year ended December 31, 2021, was as follows: Beginning Balance Additions Deletions Ending Balance Due Within One Year Governmental Activities: Bonds Payable: Revenue Bonds Certificates of Participation Bond Premium Total Bonds Payable Capitalized Leases Payable Compensated Absences $ 5,968,223 9,535,000 15,503,223 252,797 15,756,020 236,248 538,509 $ - - - - - - 776,871 $ 605,278 706,000 1,311,278 13,911 1,325,189 76,647 818,779 $ 5,362,945 8,829,000 14,191,945 238,886 14,430,831 159,601 496,601 $ 619,647 715,000 1,334,647 14,151 1,348,788 51,969 496,601 Governmental Activity Long- term Liabilities $16,530,777 $ 776,871 $ 2,220,615 $15,087,033 $ 1,897,368 Business-type Activities: Certificates of Participation Total Bonds Payable Capitalized Leases Payable Compensated Absences $ 1,826,000 1,826,000 190,562 110,008 $ - - - 144,191 $ 171,000 171,000 35,595 163,016 $ 1,655,000 1,655,000 154,967 91,183 $ 175,000 175,000 36,810 91,183 Business-type Activity Long- term Liabilities $ 2,126,570 $ 144,191 $ 369,611 $ 1,901,150 $ 302,993 Conduit Debt Obligations. The Town has sponsored the issuance of revenue bonds in prior years to provide financial assistance to private-sector entities for the acquisition and construction of facilities deemed to be in the public interest. Neither the Town, the State of Colorado, nor any political subdivision thereof is obligated in any manner for repayment of the bonds. Accordingly, the bonds are not reported as liabilities in the accompanying general purpose financial statements. Conduit debt obligations at December 31, 2021, are described as follows: Eaglebend Dowd Affordable Housing Corporation. The Eaglebend Dowd Affordable Housing Corporation (Dowd) was formed on March 24, 1998, to help provide for affordable housing within Eagle County. Dowd operates a 50-unit apartment project within Eagle County. The Town approved the formation and the issuance of the revenue bonds to finance the project and will obtain full legal title to the land, buildings, and equipment upon payment in full of the bonds. The Town, however, is in no way obligated to pay the debt service on the bonds. In 2003, the Town approved the issuance by Dowd of $9,520,000 in Series 2003 Refunding Revenue Bonds to defease the outstanding Series 1998A Revenue Bonds by placing the 47 TOWN OF AVON, COLORADO NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2021 proceeds of the Series 2003 bonds in an irrevocable trust to provide for all future debt service payments on the old bonds. In August 2013, Dowd issued $8,450,000 in Series 2013 Multifamily Housing Project Refunding Revenue Bonds to refund the Series 2003 Bonds. In November 2014, Dowd issued $8,850,000 of Multifamily Housing Project Refunding Revenue Bonds, Series 2014A to refund and defease the Series 2013 bonds. As of December 31, 2021, there was $7,600780 outstanding in Series 2014A Multifamily Housing Project Refunding Revenue Bonds, and $1,600,000 outstanding in Series 1998 B&C Subordinate Revenue Bonds. Defeased Debt. Certain other bonds previously issued by the Town have been defeased by the issuance of refunding bonds. As of December 31, 2021, there are no amounts outstanding on any refunded bonds. Note 6. Employee Retirement Plans Full-time Employees. The Town maintains two single-employer, defined contribution pension plans for full-time employees: (1) the Town of Avon Police Officers Money Purchase Pension Plan of which there are 28 participants, and (2) the Town of Avon General Employee Money Purchase Pension Plan of which there are 129 participants as of December 31, 2021. Plan administration and recordkeeping of these plans is provided by The Principal Financial Group. A defined contribution pension plan has terms that specify how contributions to an individual’s account are to be determined rather than the amount of pension benefits the individual is to receive. In a defined contribution plan, the pension benefits a participant will receive depend only on the amount contributed to the participant’s account, earnings on investments of those contributions, and forfeitures of other participant’s benefits that may be allocated to the participant’s account. All full-time employees are required to participate in one of the above retirement plans upon employment with the Town. The type of plan that an employee participates in is dependent on the type of employee (police officer or general government employee). Town ordinance provides that both the employee and the Town will contribute an amount equal to 11% of the employee’s base salary each month. Employees hired prior to September 30, 1990, become vested in accordance with a vesting schedule which is dependent on the type of employee and hire date. All employees hired after September 30, 1990, start partial vesting after two years of service and are fully vested after five years of service. In addition, if an employee reaches normal retirement age, dies, or becomes totally and permanently disabled his account becomes fully vested regardless of length of service. Forfeitures by employees who leave employment before being fully vested are applied, first, to offset administrative expenses of the plans, and second, to reduce matching employer contributions. Forfeitures totaling $27,382 were used in 2021 for administrative expenses. No forfeitures were used to reduce matching employer contributions. 48 Contributions made by employees and the Town for the three years ended December 31, 2021, are as follows: 2021 2020 2019 Employee Contributions $ 792,164 $ 784,962 $ 747,006 Town Contributions $ 792,164 $ 784,962 $ 747,006 Both the Town and the covered employees each made the required 11% contributions to the plans. There are no liabilities for benefits beyond the Town’s matching payments. No changes in the various plan’s provisions occurred in 2021. Part-time, Temporary and Seasonal Employees. On October 14, 1997, the Town adopted a PTS Retirement Plan administered by the ICMA Retirement Corporation and established under Section 457 of the Internal Revenue Code that pertains to deferred compensation plans. Plan administration and recordkeeping of this plans was transferred to The Principal Financial Group in November 2017. The PTS plan is designed specifically for employees who are part- time, temporary, or seasonal, and is defined as a Social Security replacement retirement plan. The PTS plan allows participants to defer federal and state income taxes on savings until retirement. The PTS plan requires a minimum contribution of 7.5% of an employee’s salary per plan year. This 7.5% may be the employee’s contribution, the employer’s contribution, or a combination of both. The Town elected to have 3.75% contributed by the employee and 3.75% matched by the Town. Employees also have the option to contribute additional amounts. Upon separation of service, participants may withdraw the account balance in a lump-sum payment, roll the account balance over into another 457 plan, or continue to allow the account balance earn interest tax free. Taxes are paid when funds are withdrawn from the plan. Contributions made by plan members and the Town for the three years ended December 31, 2021, are as follows: 2021 2020 2019 Employees $41,043 $35,822 $42,997 Town $35,359 $30,137 $37,245 Both the Town and the covered employees each made the required 3.75% contributions to the plan. There are no liabilities for benefits beyond the Town’s matching payments. As of December 31, 2021, there were 205 participants in this plan. 49 TOWN OF AVON, COLORADO NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2021 Note 7. 457 Deferred Compensation Plan The Town offers its full-time employees an optional supplemental deferred compensation plan created in accordance with Internal Revenue Code Section 457. Plan administration and recordkeeping is provided by The Principal Financial Group. The 457 plan allows eligible participants the opportunity to accumulate additional retirement savings with certain tax advantages. Deposits into the 457 plan are not subject to state or federal income taxes at the time of deposit, and earnings on these deposits are deferred until withdrawn. As of December 31, 2021, there were 46 participants in the 457 plan. Note 8. Employee Health Care The Town has a self-insurance plan for employee health and dental care. A third-party administrator processes individual employee claims and negotiates excess stop-loss insurance policies. Excess stop-loss insurance policies are purchased to cover individual claims in excess of $40,000 and aggregate total yearly claims in excess of $1,882,920. Settled benefit claims did not exceed the aggregate total yearly claims for 2021. As of December 31, 2021, the Town held reserves for future claims in the amount of $1,446,415. The following represents the changes in the claims reserve for the Town for 2021 and 2020: 2021 2020 Claims Reserve for Future Claims, Beginning of Year Current Year Deposits for Estimated Claims Excess Stop Loss Refunds for Specific (Individual) Claims Claim Payments $ 1,239,247 1,594,487 213,156 (1,600,475) $ 1,123,095 1,664,624 541,355 (2,089,827) Claims Reserve for Future Claims, End of Year $ 1,446,415 $ 1,239,247 Note 9. Interfund Receivables, Payables and Transfers Activity between funds that are representative of lending/borrowing arrangements outstanding at the end of the fiscal year are reported in the fund financial statements as “due to/from other funds”. These interfund receivables and payables are expected to be repaid within the next year. The composition of these interfund balances as of December 31, 2021, is as follows: Receivable Fund Payable Fund Amount General Fund Fleet Maintenance Fu $ 100,000 50 Interfund Transfers: Fund Transfers In Transfers Out Major Funds: General Fund Urban Renewal Authority Fund Debt Service Capital Projects Fund Mobility Enterprise Fund Fleet Maintenance Enterprise Fund Equipment Replacement Fund Other Funds: Community Enhancement Fund Total $ 341,648 - 968,485 928,500 1,500,000 593,460 425,000 - $ 4,757,093 $ 1,700,000 750,000 - 2,128,593 - - 150,000 28,500 $ 4,757,093 During the year, capital assets purchased in 2021 related to governmental funds, with a book values of $213,610 were transferred to the internal service fund. In addition, capital lease principal payments of $76,647 were made on behalf of the internal service fund. No amounts were reported in the governmental funds as the amounts did not involve the transfer of financial resources. However, the internal service fund reported contributed capital in for the capital resources received. Note 10. Commitments and Contingencies Litigation. The Town is a party to various legal proceedings. Town management believes ultimate disposition of those subsequent pending claims and legal proceedings will not likely have a material adverse effect, if any, on the financial condition of the Town. Construction Contract Commitments. As of December 31, 2021, the Town had four construction contract commitments outstanding in the amount of $377,695. Intergovernmental Agreement. The Town has entered into an Intergovernmental Agreement (IGA) with the Eagle River Fire Protection District (Fire District) for the ownership, construction, operation, and maintenance of a joint fire-police station facility. The IGA provides for many covenants and mutual agreements including the amendment and replacement of previous IGAs, conveyance of the real property interest, construction financing, waiver of building permit fees, construction, apportionment of costs, termination of existing leases, use and occupancy, and operation and maintenance of the joint public safety facility. The IGA continues in perpetuity until amended or terminated by either party. Tax, Spending and Debt Limitations. Article X, Section 20 of the Colorado Constitution, commonly known as the Taxpayer’s Bill of Rights (TABOR) contains tax, spending, revenue, and debt limitations which apply to the State of Colorado and all local governments. Spending and revenue limits are determined based on the prior year’s Fiscal Year Spending adjusted for allowable increases based upon inflation and local growth. Fiscal Year Spending is generally 51 TOWN OF AVON, COLORADO NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2021 defined as expenditures plus reserve increases with certain exceptions. Revenue in excess of the Fiscal Year Spending limit must be refunded unless the voters approve retention of such revenue. In November 1997, voters within the Town passed a ballot issue which permanently authorizes the Town, without an election, to act on all spending and revenue raising measures which are limited by TABOR. In addition, voters authorized the Town to keep and spend all revenue collected by the Town regardless of any limitation contained in TABOR. The only exceptions are proposed sales or use tax rate increases and property tax rate increases which must be submitted to the voters, unless otherwise allowed by law. Enterprises, defined as government-owned business authorized to issue revenue bonds and receiving less than 10 percent of annual revenue in grants from all state and local governments combined, are excluded from the provisions of TABOR. TABOR also requires local governments to establish Emergency Reserves. These reserves must be at least 3% of Fiscal Year Spending (excluding bonded debt service). Local governments are not allowed to use the emergency reserves to compensate for economic conditions, revenue shortfalls, or salary or benefit increases. The Town has established an emergency reserve in the General Fund for the year ended December 31, 2021 in the amount of $980,080. Town management believes it is in compliance with the provisions of TABOR. However, TABOR is complex and subject to interpretation. Many of the provisions, including the interpretation of how to calculate Fiscal Year Spending limits will require judicial interpretation. Note 11. Risk Management The Town is exposed to various risks of loss related to torts; thefts of, damage to, and destruction of assets; errors or omissions; injuries to employees; and natural disasters. The Town is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA). CIRSA is a joint self-insurance pool created by intergovernmental agreement of 278 municipalities and special districts to provide property, general and automobile liability and public officials coverage to its members. CIRSA is governed by a seven-member Board elected by and from its members. Coverage is provided through pooling of self-insured losses and the purchase of excess insurance coverage. CIRSA has a legal obligation for claims against its members to the extent that funds are available in its annually established loss fund and that amounts are available from insurance providers under excess specific and aggregate insurance contracts. Losses incurred in excess of loss funds and amounts recoverable from excess insurance are direct liabilities of the participating members. CIRSA has indicated that the amount of any excess losses would be billed to members in proportion to their contributions in the year such 52 excess occurs, although it is not legally required to do so. The Town’s annual contribution to CIRSA amounted to $251,782 for 2021. The Town has not been informed of any excess losses that may have been incurred by the pool. The Town continues to carry commercial insurance coverage for other risks of loss including workers compensation. Settled claims have not exceeded this commercial coverage in any of the past three fiscal years. Note 12. Upper Eagle Regional Water Authority The Town is a participant in the Upper Eagle Regional Water Authority. The Authority was formed pursuant to an establishing contract on September 18, 1984, by the following municipal and quasi-municipal corporations (Members) located in Eagle County, Colorado. • Arrowhead Metropolitan District • Beaver Creek Metropolitan District • Berry Creek Metropolitan District • Eagle-Vail Metropolitan District • Edwards Metropolitan District • Town of Avon The Authority also provides water services to the Cordillera and Bachelor Gulch developments through contracts with Members. The Authority was formed to make the best practicable use of the Members’ joint resources in supplying water to the members and to further develop water resources and facilities in Eagle County. The Authority may not be terminated so long as bonds, notes or other obligations are outstanding, unless provision for full payment of such obligations has been made. At December 31, 2020, the Authority had debt with maturities through the year 2039. The Town has a service contract with the Authority whereby the Authority provides and bills residents of the Town with water at a rate which is expected to cover its costs in providing water services and other functions. Such costs specifically include debt service requirements, depreciation, and operations and maintenance, including maintenance of the Town’s water distribution system. As part of the agreement, the Town conveyed its water distributions facilities and leased its water rights, associated easements, and improvements to the Authority at no cost. In consideration, the Authority has agreed to maintain the associated improvements and to administer and protect the Town’s plan for augmentation and water decrees at no cost. During 2020, the Authority collected $159,300 in water surcharges for the Town. Note 13. Tax Abatements The Town has entered into various agreements in order to meet development goals within certain areas of Town. The following areas have continuing development requirements or abatement agreements requiring disclosure. 53 TOWN OF AVON, COLORADO NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2021 Development Area Revenues Impacted Governing Document Amount Requirements Village at Avon PUD Sales Tax, Accommodation Tax, Real Estate Transfer Tax Consolidated, Amended and Restated Annexation and Development Agreement $4,681,931 100% tax credit against sales, accommodations and real estate transfer taxes paid within the development area. Riverfront PUD Property Tax Increment Intergovernmental Agreement $ 493,584 100% tax rebate of incremental property taxes received from Avon Station Metropolitan District, excluding Lot B. Note 14. Major Taxpayers For the year ended December 31, 2021 fifty-six percent (56%) of the Town’s sales tax revenues were received from the ten highest-paying companies. Note 15. Restated Beginning Net Position Governmental Accounting Standards Board (GASB) Statement No. 51, Accounting and Financial Reporting for Intangible Assets, requires intangible assets to be classified and reported as capital assets. Examples of intangible assets include easements, water rights, timber rights, patents, trademarks, and computer software. In 2020, the Town of Avon began a program whereby the Town provides financial assistance to local residents purchasing a home, in exchange for a future deed restriction on the ownership of that home. A buyer is required to use the residence as a primary residence for at least three (3) years and future purchasers must qualify as Eagle County Employees as defined in Section 3.12.020 of the Avon Municipal Code. As such, the government-wide statement of activities reports a restatement of the beginning net position in the amount of $464,768 for its governmental activities, which represents the capitalization of intangible assets at December 31, 2020. Statement of Activities Governmental Activities Net Position, Beginning of Year Capitalization of Intangible Assets $ 90,473,677 464,768 Net Position, Beginning of Year (Restated) $ 90,938,445 54 TOWN OF AVON, COLORADO REQUIRED SUPPLEMENTAL INFORMATION GENERAL FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES (BUDGETARY BASIS) - BUDGET AND ACTUAL FOR THE YEAR ENDED DECEMBER 31, 2021 Variance with Final Budget - Actual Positive Original Final Amounts (Negative) Revenues Taxes 13,525,678$ 17,588,200 17,984,254$ 396,054$ Licenses and Permits 300,100 320,325 453,213 132,888 Intergovernmental 1,009,480 1,169,778 1,143,901 (25,877) Charges for Services 1,059,782 1,290,694 1,481,861 191,167 Fines and Forfeitures 46,900 38,700 45,753 7,053 Investment Earnings 150,000 75,000 4,385 (70,615) Other Revenues 488,500 502,500 475,397 (27,103) Total Revenues 16,580,440 20,985,197 21,588,764 603,567 Expenditures Current: General Govt., Finance & Administration 4,851,740 5,445,933 5,058,990 386,943 Community Development 544,161 551,108 539,138 11,970 Public Safety 4,188,557 4,279,054 4,169,397 109,657 Public Works 4,788,045 5,118,144 4,476,007 642,137 Recreation 1,742,160 1,771,432 1,622,206 149,226 Total Expenditures 16,114,663 17,165,671 15,865,738 1,299,933 Excess (Deficiency) of Revenues Over (Under) Expenditures 465,777 3,819,526 5,723,026 1,903,500 Other Financing Sources (Uses) Transfers In: Capital Projects Fund 247,314 341,648 341,648 - Community Enhancement Fund 30,000 - - - Transfers Out: Mobility Enterprise Fund (1,300,000) (1,300,000) (1,300,000) - Fleet Maintenance Enterprise Fund (400,000) (400,000) (400,000) - Total Other Financing Sources (Uses)(1,422,686) (1,358,352) (1,358,352) - Net Change in Fund Balances (956,909) 2,461,174 4,364,674 1,903,500 Fund Balances, Beginning of Year 8,447,722 10,202,887 10,202,887 - Fund Balances, End of year 7,490,813$ 12,664,061$ 14,567,561$ 1,903,500$ Budgeted Amounts 55 TOWN OF AVON, COLORADO REQUIRED SUPPLEMENTAL INFORMATION AVON URBAN RENEWAL AUTHORITY FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES (BUDGETARY BASIS) - BUDGET AND ACTUAL FOR THE YEAR ENDED DECEMBER 31, 2021 Variance with Final Budget - Actual Positive Original Final Amounts (Negative) Revenues Taxes 1,607,703$ 1,597,957$ 1,628,814$ 30,857$ Investment Earnings - - 21 21 Total Revenues 1,607,703 1,597,957 1,628,835 30,878 Expenditures Current: General Government 49,231 49,231 54,982 (5,751) Debt Service: Principal 600,063 605,278 605,278 - Interest 149,055 143,841 143,841 - Fiscal Charges 900 2,150 2,400 (250) Total Expenditures 799,249 800,500 806,501 (6,001) Excess (Deficiency) of Revenues Over (Under) Expenditures 808,454 797,457 822,334 24,877 Other Financing Sources (Uses) Transfers Out:- Capital Project Fund (700,000) (750,000) (750,000) - Net Change in Fund Balances 108,454 47,457 72,334 24,877 Fund Balances, Beginning of Year 71,639 22,942 22,942 - Fund Balances, End of year 180,093$ 70,399$ 95,276$ 24,877$ Budgeted Amounts 56 TOWN OF AVON, COLORADO NOTES TO REQUIRED SUPPLEMENTAL INFORMATION DECEMBER 31, 2021 Note 1. Budgetary Information An annual budget is legally adopted on a basis consistent with generally accepted accounting principles for all funds, with the exception of proprietary funds which are budgeted on the modified accrual basis of accounting. Appropriations lapse at fiscal year-end except for capital projects and special revenue funds which may have project-length budgets that carryover from year-to-year. However, as a matter of practice, the Town adopts annual budgets for all funds. The budget is prepared by fund, department, program, object and project. Expenditures may not legally exceed budgeted appropriations at the fund level. The Town Council holds public hearings and may change appropriations except for expenditures required by law for debt service or for estimated cash deficits. No change to the budget may increase the authorized expenditures to any amount greater than the total amount of funds available. The Town Council must adopt the budget by resolution prior to December 15th. Once adopted, the Town Council may at any time, by resolution, amend the budget. In addition, the Town Manager may transfer part or all of any unencumbered appropriation balance among programs within a department. A department is defined by the Town as a distinct, principal or specialized division (e.g., the Department of Public Works). 57 THIS PAGE INTENTIONALLY LEFT BLANK 58 NONMAJOR GOVERNMENTAL FUNDS Special Revenue Funds Special revenue funds are used to account for specific revenues that are legally restricted to expenditure for particular purposes. Water Fund – This fund is used to account for the cost of maintaining certain water-related assets and for the receipt of water surcharges and tap fees within the Town limits. Community Enhancement Fund – This fund is used to account for revenues received from a franchisee and restricted for use for beautification projects, energy conservation projects, equipment and technology upgrades for schools, scholarship funds, acquisition of open space and/or park land and development thereof, sponsorship of special community events, and undergrounding of overhead electric and other utility lines. Community Housing Fund – This fund is used to accumulate and account for resources received and restricted for use in the Town’s affordable housing program. Exterior Energy Offset Fund – This fund is used to account for fees collected at building permit to create financial assistance, rebates, and incentives to promote energy efficient projects within the Town of Avon. Fees are established based on a formula using BTUs required for certain amenities over a 20-year period. Disposable Paper Bag Fee Fund - This fund is used to account for fees received by the Town from retailers who are required to pay ten cents ($0.10) for each disposable paper bag used during a retail purchase. Effective May 1, 2018 it became unlawful for retailers to provide plastic bags to customers at point of sale. The intent is to encourage the use of reusable bags. Fees are restricted for use to programs and education related to waste reduction, and for providing reusable bags to Town residents and guests. 59 TOWN OF AVON, COLORADO COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS DECEMBER 31, 2021 Community Community Exterior Energy Water Enhancement Housing Offset Fund Fund Fund Fund ASSETS Cash and Cash Equivalents 682,772$ 218,973$ 1,321,825$ 109,238$ Receivables: - Accounts - 82,448 4,725 - - Intergovernmental 62,736 - - - Total Assets 745,508$ 301,421$ 1,326,550$ 109,238$ LIABILITIES Accounts Payable 22,289$ -$ 21,943$ -$ Accrued Liabilities 1,205 - - - Deposits and Reserves - - 1,300 - Total Liabilities 23,494 - 23,243 - FUND BALANCES Restricted For: Water Projects 722,014 - - - Community Enhancement - 301,421 - - Committed For: Exterior Energy Offset Programs - - - 109,238 Waste Reduction Programs - - - - Assigned For: Community Housing Programs - - 1,303,307 - Total Fund Balances 722,014 301,421 1,303,307 109,238 Total Liabilities, Deferred Inflows of Resources, and Fund Balances 745,508$ 301,421$ 1,326,550$ 109,238$ Special Revenue Funds 60 Disposable Total Paper Bag Nonmajor Fee Governmental Fund Funds 96,974$ 2,429,782$ 10,657 97,830 - 62,736 107,631$ 2,590,348$ 480$ 44,712 - 1,205 - 1,300 480 47,217 - 722,014 - 301,421 - 109,238 107,151 107,151 - 1,303,307 107,151 2,543,131 107,631$ 2,590,348$ 61 TOWN OF AVON, COLORADO COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS FOR THE YEAR ENDED DECEMBER 31, 2021 Community Community Exterior Energy Water Enhancement Housing Offset Fund Fund Fund Fund Revenues Licenses and Permits -$ -$ -$ 8,434$ Charges for Services 219,529 - 40,962 - Investment Earnings - - 34 - Other Revenues - 82,448 16,876 - Total Revenues 219,529 82,448 57,872 8,434 Expenditures Current: General Government - - 920,422 - Community Development - - - 12,000 Public Works and Utilities 136,164 - - - Total Expenditures 136,164 - 920,422 12,000 Excess (Deficiency) of Revenues Over (Under) Expenditures 83,365 82,448 (862,550) (3,566) Other Financing Sources (Uses): Transfers Out: Capital Projects Fund - (28,500) - - Total Other Financing Sources (Uses)- (28,500) - - Net Change in Fund Balances 83,365 53,948 (862,550) (3,566) Fund Balances, Beginning of Year 638,649 247,473 2,165,857 112,804 Fund Balances, End of year 722,014$ 301,421$ 1,303,307$ 109,238$ Special Revenue Funds 62 Disposable Total Paper Bag Nonmajor Fee Governmental Fund Funds -$ 8,434$ - 260,491 - 34 53,056 152,380 53,056 421,339 47,035 967,457 - 12,000 - 136,164 47,035 1,115,621 6,021 (694,282) - (28,500) - (28,500) 6,021 (722,782) 101,130 3,265,913 107,151$ 2,543,131$ 63 TOWN OF AVON, COLORADO WATER FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES (BUDGETARY BASIS) - BUDGET AND ACTUAL FOR THE YEAR ENDED DECEMBER 31, 2021 Variance with Final Budget - Actual Positive Original Final Amounts (Negative) Revenues Charges for Services: Water Surcharges 160,000$ 160,000$ 164,567$ 4,567$ Tap Fees 40,000 40,000 54,962 14,962 Total Charges for Services 200,000 200,000 219,529 19,529 Total Revenues 200,000 200,000 219,529 19,529 Expenditures Current: Public Works and Utilities 128,358 131,348 136,164 (4,816) Total Expenditures 128,358 131,348 136,164 (4,816) Net Change in Fund Balances 71,642 68,652 83,365 14,713 Fund Balances, Beginning of Year 600,207 638,649 638,649 - Fund Balances, End of year 671,849$ 707,301$ 722,014$ 14,713$ Budgeted Amounts 64 TOWN OF AVON, COLORADO COMMUNITY ENHANCEMENT FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (BUDGETARY BASIS) FOR THE YEAR ENDED DECEMBER 31, 2021 Variance with Final Budget - Actual Positive Original Final Amounts (Negative) Revenues Other Revenues 80,000$ 80,000$ 82,448$ 2,448$ Total Revenues 80,000 80,000 82,448 2,448 Expenditures Current: Public Works and Utilities - - - - Total Expenditures - - - - Excess (Deficiency) of Revenues Over (Under) Expenditures 80,000 80,000 82,448 2,448 Other Financing Sources (Uses) Transfers Out: General Fund (30,000) - - - Capital Projects Fund (148,500) (28,500) (28,500) - Total Other Financing Sources (Uses)(178,500) (28,500) (28,500) - Net Change in Fund Balances (98,500) 51,500 53,948 2,448 Fund Balances, Beginning of Year 246,081 247,473 247,473 - Fund Balances, End of year 147,581$ 298,973$ 301,421$ 2,448$ Budgeted Amounts 65 TOWN OF AVON, COLORADO COMMUNITY HOUSING FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (BUDGETARY BASIS) FOR THE YEAR ENDED DECEMBER 31, 2021 Variance with Final Budget - Actual Positive Original Final Amounts (Negative) Revenues Charges for Services Rental Revenues - Employees 49,068$ 49,068$ 40,962$ (8,106)$ Investment Earnings 32 32 34 2 Other Revenues: Bond Issuance Fee 10,000 9,514 9,514 - Loan Principal Repayment 2,636 2,636 2,634 (2) Miscellaneous Nonclassified - - 4,728 4,728 Total Revenues 61,736 61,250 57,872 (3,378) Expenditures Current: General Government 900,000 1,302,231 920,422 381,809 Total Expenditures 900,000 1,302,231 920,422 381,809 Net Change in Fund Balances (838,264) (1,240,981) (862,550) 378,431 Fund Balances, Beginning of Year 1,986,773 2,165,857 2,165,857 - Fund Balances, End of year 1,148,509$ 924,876$ 1,303,307$ 378,431$ Budgeted Amounts 66 TOWN OF AVON, COLORADO EXTERIOR ENERGY OFFSET FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (BUDGETARY BASIS) FOR THE YEAR ENDED DECEMBER 31, 2021 Variance with Final Budget - Actual Positive Original Final Amounts (Negative) Revenues Licenses and Permits: Exterior Energy Offset Fee 5,000$ 5,000$ 8,434$ 3,434$ Total Revenues 5,000 5,000 8,434 3,434 Expenditures Current: Community Development 13,000 13,000 12,000 1,000 Total Expenditures 13,000 13,000 12,000 1,000 Net Change in Fund Balances (8,000) (8,000) (3,566) 4,434 Fund Balances, Beginning of Year 112,804 112,804 112,804 - Budgeted Amounts 67 TOWN OF AVON, COLORADO DISPOSABLE PAPER BAG FEE FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (BUDGETARY BASIS) FOR THE YEAR ENDED DECEMBER 31, 2021 Variance with Final Budget - Actual Positive Original Final Amounts (Negative) Revenues Other Revenues: Disposable Paper Bag Fee -$ 44,000$ 53,056$ 9,056$ Total Revenues - 44,000 53,056 9,056 Expenditures Current: General Government 36,000 67,000 47,035 19,965 Total Expenditures 36,000 67,000 47,035 19,965 Net Change in Fund Balances (36,000) (23,000) 6,021 29,021 Fund Balances, Beginning of Year 76,787 101,130 101,130 - Fund Balances, End of year 40,787$ 78,130$ 107,151$ 29,021$ Budgeted Amounts 68 TOWN OF AVON, COLORADO DEBT SERVICE FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (BUDGETARY BASIS) FOR THE YEAR ENDED DECEMBER 31, 2021 Variance with Final Budget - Actual Positive Original Final Amounts (Negative) Revenues Investment Earnings -$ -$ 6$ 6$ Other Revenues - - 7,133 7,133 Total Revenues - - 7,139 7,139 Expenditures Debt Service: Principal 691,000$ 706,000$ 706,000$ -$ Interest 266,705 253,885 253,885 - Fiscal Charges 6,150 8,600 6,951 1,649 Total Expenditures 963,855 968,485 966,836 1,649 Excess (Deficiency) of Revenues Over (Under) Expenditures (963,855) (968,485) (959,697) 8,788 Other Financing Sources (Uses) Transfers In: Capital Projects Fund 967,385 968,485 968,485 - Net Change in Fund Balances 3,530 - 8,788 8,788 Fund Balances, Beginning of Year 27,645 27,645 27,645 - Fund Balances, End of year 31,175$ 27,645$ 36,433$ 8,788$ Budgeted Amounts 69 TOWN OF AVON, COLORADO CAPITAL PROJECTS FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (BUDGETARY BASIS) FOR THE YEAR ENDED DECEMBER 31, 2020 Variance with Final Budget - Actual Positive Original Final Amounts (Negative) Revenues Taxes: Real Estate Transfer Tax 2,500,000$ 6,000,000$ 7,354,186$ 1,354,186$ Intergovernmental - 69,000 61,153 (7,847) Investment Earnings 50,000 50,000 (12,481) (62,481) Other Revenues - 28,500 34,550 6,050 Total Revenues 2,550,000 6,147,500 7,437,408 1,289,908 Expenditures Capital Projects: Facilities 1,604,840 2,571,222 1,856,104 715,118 Land and Land Improvements 848,000 817,905 598,700 219,205 Roads and Streets 2,367,000 2,888,698 1,818,387 1,070,311 Utility Projects - 285,894 68,162 217,732 Communications and Technology 357,000 644,534 200,886 443,648 Debt Service: Capital Leases 81,999 81,999 81,999 - Total Expenditures 5,258,839 7,290,252 4,624,238 2,666,014 Excess (Deficiency) of Revenues Over (Under) Expenditures (2,708,839) (1,142,752) 2,813,170 3,955,922 Other Financing Sources (Uses) Transfers In: Avon Urban Renewal Fund 700,000 750,000 750,000 - Community Enhancement Fund 148,500 28,500 28,500 - Equipment Replacement Fund - 150,000 150,000 - Transfers Out: General Fund (247,314) (341,648) (341,648) - Debt Service Fund (967,385) (968,485) (968,485) - Mobility Fund (500,000) (200,000) (200,000) - Fleet Maintenance Fund (193,460) (193,460) (193,460) - Equipment Replacement Fund (425,000) (425,000) (425,000) - Total Other Financing Sources (Uses)(1,484,659) (1,200,093) (1,200,093) - Net Change in Fund Balances (4,193,498) (2,342,845) 1,613,077 3,955,922 Fund Balances, Beginning of Year 7,222,383 12,101,243 12,101,243 - Fund Balances, End of Year 3,028,885$ 9,758,398$ 13,714,320$ 3,955,922$ Budgeted Amounts 70 ENTERPRISE FUNDS Enterprise funds are used to account for operations that are financed and operated in a manner similar to private business enterprises – where the intent of the Town Council is that the costs of providing goods or services to the general public on a continuing basis be financed or recovered through user charges: or where the Town Council has decided that periodic determination of net income is appropriate for accountability purposes. Mobility Fund – This fund is used to account for the activities involved in operating the Town’s transportation system. Fleet Maintenance Fund – This fund is used to account for the accumulation and allocation of costs associated with the maintenance of vehicles and rolling stock for the Town and certain other third-party governmental entities. 71 TOWN OF AVON, COLORADO MOBILITY FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (BUDGETARY BASIS) FOR THE YEAR ENDED DECEMBER 31, 2021 Variance with Final Budget - Actual Positive Original Final Amounts (Negative) Revenues: Taxes 41,597$ 41,597$ 42,069$ 472$ Intergovernmental 2,245,980 2,023,708 1,993,388 (30,320) Charges for Services 273,930 273,930 252,272 (21,658) Other Revenue 107,243 115,943 111,413 (4,530) Total Revenues 2,668,750 2,455,178 2,399,142 (56,036) Expenditures: Administration 270,058 309,921 278,793 31,128 Operations 3,757,918 2,408,849 2,316,015 92,834 Wash Bay 222,169 225,250 166,294 58,956 Mobility Programs 313,375 360,042 314,369 45,673 Total Expenditures 4,563,520 3,304,062 3,075,471 228,591 Excess (Deficiency) of Revenues Over (Under) Expenditures (1,894,770) (848,884) (676,329) 172,555 Other Financing Sources (Uses): Transfers In: General Fund 1,300,000 1,300,000 1,300,000 - Capital Projects Fund 500,000 200,000 200,000 500,000 Total Other Financing Sources (Uses)1,800,000 1,500,000 1,500,000 500,000 Net Change in Fund Balances (94,770) 651,116 823,671 672,555 Fund Balances, Beginning of Year 618,905 725,524 725,524 - Fund Balances, End of Year 524,135$ 1,376,640$ 1,549,195$ 672,555$ Fund Balances at December 31, 2021, is computed as follows: Current Assets 1,705,077$ Less: Current Liabilities and Deferred Inflows of Resources (192,692) Add: Current Portion of Capital Leases Payable 36,810 Fund Balances - December 31, 2021 1,549,195$ Budgeted Amounts 72 RECONCILIATION OF NET CHANGE IN FUND BALANCES (BUDGETARY BASIS) TO CHANGE IN NET POSITION (GAAP BASIS) Net Change in Fund Balances (Budgetary Basis)823,671$ Adjustments to Reconcile Budgetary Basis to GAAP Basis Principal Paid on Capital Leases 35,594 Capitization of Capital Assets 1,017,685 Depreciation (443,697) Total Adjustments 609,582 Change in Net Position (GAAP Basis)1,433,253$ 73 TOWN OF AVON, COLORADO FLEET MAINTENANCE FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (BUDGETARY BASIS) FOR THE YEAR ENDED DECEMBER 31, 2021 Variance with Final Budget - Actual Positive Original Final Amounts (Negative) Revenues: Charges for Services: Third-party Fleet Maintenance Charges 725,000$ 643,577$ 683,105$ 39,528$ Departmental Fleet Maintenance Services 525,898 618,387 603,293 (15,094) Fuel Mark-up 12,644 32,200 (3,959) (36,159) Other Revenues - 1,890 9,911 8,021 Total Revenues 1,263,542 1,296,054 1,292,350 (3,704) Expenditures: Fleet Maintenance 1,776,934 1,842,164 1,668,645 173,519 Total Expenditures 1,776,934 1,842,164 1,668,645 173,519 Excess (Deficiency) of Revenues Over (Under) Expenditures (513,392) (546,110) (376,295) 169,815 Other Financing Sources (Uses): Transfers In: General Fund 400,000 400,000 400,000 - Capital Projects Fund 193,460 193,460 193,460 - Total Other Financing Sources (Uses)593,460 593,460 593,460 - Net Change in Fund Balances 80,068 47,350 217,165 169,815 Fund Balances, Beginning of Year 184,906 189,321 189,321 - Fund Balances, End of Year 264,974$ 236,671$ 406,486$ 169,815$ Fund Balances at December 31, 2021, is computed as follows: Current Assets 711,019$ Less: Current Liabilities (479,533) Add: Current Portion of Certificates of Participation 175,000 Fund Balances - December 31, 2021 406,486$ Budgeted Amounts 74 RECONCILIATION OF NET CHANGE IN FUND BALANCES (BUDGETARY BASIS) TO CHANGE IN NET POSITION (GAAP BASIS) Net Change in Fund Balances (Budgetary Basis)217,165$ Adjustments to Reconcile Budgetary Basis to GAAP Basis Principal Paid on Certificates of Participation 171,000 Amortization of Deferred Charge on Refunding of Debt (1,654) Depreciation (137,989) Total Adjustments 31,357 Change in Net Position (GAAP Basis)248,522$ 75 INTERNAL SERVICE FUNDS Internal service funds are used to account for the financing of goods or services provided by one department or agency to other departments or agencies of the Town and to other government units, on a cost reimbursement basis. Equipment Replacement Fund – This fund is used to account for the rental of certain vehicles and equipment to other departments for the accumulation of funds for future replacement. 76 THIS PAGE INTENTIONALLY LEFT BLANK 77 TOWN OF AVON, COLORADO EQUIPMENT REPLACEMENT FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (BUDGETARY BASIS) FOR THE YEAR ENDED DECEMBER 31, 2021 Variance with Final Budget - Actual Positive Original Final Amounts (Negative) Revenues: Charges for Services: Equipment Replacement Charges 750,789$ 750,789$ 750,789$ -$ Investment Earnings - - 170 170 Other Revenues - - 1,180 1,180 Total Revenues 750,789 750,789 752,139 1,350 Expenditures: Capital Outlay: Fleet and Heavy Equipment 990,505 983,133 653,240 329,893 Recreation Center Equipment & Improvements 3,331 38,478 23,215 15,263 Computer and Office Equipment 24,499 34,443 34,543 (100) Machinery and Equipment 43,898 43,898 - 43,898 Total Expenditures 1,062,233 1,099,952 710,998 388,954 Excess (Deficiency) of Revenues Over (Under) Expenditures (311,444) (349,163) 41,141 390,304 Other Financing Sources (Uses): Transfers In: Equipment Replacement Fund 425,000 425,000 425,000 - Transfers Out:- Equipment Replacement Fund - (150,000) (150,000) - Sales of Capital Assets 35,000 75,000 - (75,000) Total Other Financing Sources (Uses)460,000 350,000 275,000 (75,000) Net Change in Fund Balances 148,556 837 316,141 315,304 Fund Balances, Beginning of Year 3,030,717 3,155,954 3,155,954 - Fund Balances, End of Year 3,179,273$ 3,156,791$ 3,472,095$ 315,304$ Fund Balances at December 31, 2021, is computed as follows: Current Assets 3,476,960$ Less: Current Liabilities (56,834) Add: Current Portion of Capital Leases Payable 51,969 Fund Balances - December 31, 2021 3,472,095$ Budgeted Amounts 78 RECONCILIATION OF NET CHANGE IN FUND BALANCES (BUDGETARY BASIS) TO CHANGE IN NET POSITION (GAAP BASIS) Net Change in Fund Balances (Budgetary Basis)316,141$ Basis to GAAP Basis Capitalization of Capital Assets 801,520 Book Value of Capital Assets Disposed (102,082) Transfers In of Non-financial Resources 290,257 Transfers Out of Non-financial Resources (1,255,469) Depreciation (607,829) Total Adjustments (873,603) Change in Net Position (GAAP Basis)(557,462)$ 79 MISCELLANEOUS SCHEDULES 80 TOWN OF AVON, COLORADO DEBT SCHEDULE DECEMBER 31, 2021 Date Interest Maturity Amount Amount Purpose Issued Rate Date Issued Outstanding Principal Interest Revenue Bonds: Series 2017, Avon URA Tax Increment Revenue Bonds 1/5/17 2.90%12/1/31 3,000,000$ 2,135,945$ 186,647$ 61,436$ Series 2020, Avon URA Tax Increment Revenue Loan 5/1/20 2.11%12/1/28 4,111,000 3,227,000 433,000 68,090 Total Revenue Bonds 7,111,000 5,362,945 619,647 129,526 Certificates of Participation: Series 2014B, Certificates of Participation 1/14/15 3.03%12/1/29 3,800,000 2,230,000 250,000 67,569 Series 2016, Certificates of Participation 8/2/16 2.00%-4.00%12/1/35 6,300,000 4,980,000 295,000 151,075 Series 2020, Refunding Certificates of Participation 9/2/20 1.23%12/1/30 3,983,000 3,274,000 345,000 40,270 Total Certificates of Participation 14,083,000 10,484,000 890,000 258,914 Capital Lease Obligations Master Lease-Purchase, Clayton Holdings 10/5/17 2.35%11/27/24 355,818 159,601 51,969 3,751 Master Lease-Purchase, Clayton Holdings 8/24/18 3.39%8/24/25 258,258 154,967 36,811 4,944 Total Capital Lease Obligations 614,076 314,568 88,780 8,695 Total Long-term Debt 21,808,076$ 16,161,513$ 1,598,427$ 397,135$ Payments Due Schedule of Indebtedness In 2022 81 TOWN OF AVON, COLORADO DETAILED SCHEDULE OF GENERAL FUND EXPENDITURES (BUDGETARY BASIS) - BUDGET AND ACTUAL FOR THE YEAR ENDED DECEMBER 31, 2021 Variance with Final Budget - Actual Positive Description Original Final Amounts (Negative) General Government: Mayor and Town Council 292,101$ 295,825$ 247,434$ 48,391$ Town Attorney 205,000 255,000 195,295 59,705 Town Clerk 135,652 137,754 136,058 1,696 Municipal Court 134,547 135,767 115,125 20,642 Administrative Services 423,644 462,167 443,512 18,655 Community Relations 248,119 287,104 270,790 16,314 Economic Development 158,700 172,774 154,020 18,754 Special Events 514,898 844,162 741,165 102,997 Community Grants 94,150 99,650 100,200 (550) Subtotal General Government 2,206,811 2,690,203 2,403,599 286,604 Human Resources: Human Resources 593,786 609,680 591,828 17,852 Finance and Information Technology: Finance 994,292 1,053,941 867,088 186,853 Information Systems 457,892 473,381 452,877 20,504 Nondepartmental 598,959 618,728 743,598 (124,870) Subtotal Finance and Administration 2,051,143 2,146,050 2,063,563 82,487 Total General Government, Finance and Administraion 4,851,740 5,445,933 5,058,990 386,943 Community Development: Boards and Commissions 21,177 21,177 9,952 11,225 Planning 298,600 302,546 307,403 (4,857) Building Inspection 224,384 227,385 221,783 5,602 Total Community Development 544,161 551,108 539,138 11,970 Public Safety: Police Administration 844,494 852,169 770,899 81,270 Patrol 3,009,938 3,089,281 3,018,735 70,546 Investigations 334,125 337,604 379,763 (42,159) Total Public Safety 4,188,557 4,279,054 4,169,397 109,657 Budgeted Amounts 82 Variance with Final Budget - Actual Positive Description Original Final Amounts (Negative) Public Works and Engineering Engineering: Engineering 270,215$ 341,027$ 335,876$ 5,151$ Buildings and Facilities 1,282,870 1,354,283 1,280,484 73,799 Public Works: Roads and Bridges 2,615,781 2,803,655 2,377,607 426,048 Parks and Grounds 619,179 619,179 482,040 137,139 Total Public Works 4,788,045 5,118,144 4,476,007 642,137 Recreation: Administration 263,139 267,702 332,777 (65,075) Adult Programs 35,703 36,526 24,535 11,991 Aquatics 623,524 634,669 543,975 90,694 Fitness 125,677 123,820 108,895 14,925 Guest Services 350,061 353,468 341,728 11,740 Youth Programs 187,286 196,359 95,083 101,276 Community Swim Program 156,770 158,888 175,213 (16,325) Total Recreation 1,742,160 1,771,432 1,622,206 149,226 TOTAL EXPENDITURES 16,114,663$ 17,165,671$ 15,865,738$ 1,299,933$ Budgeted Amounts 83 TOWN OF AVON, COLORADO DETAILED SCHEDULE OF GENERAL FUND REVENUES (BUDGETARY BASIS) - BUDGET AND ACTUAL FOR THE YEAR ENDED DECEMBER 31, 2021 Variance with Final Budget - Actual Positive Description Original Final Amounts (Negative) Taxes: General Property Tax 2,045,905$ 2,045,905$ 2,045,147$ (758)$ General Property Tax - Delinquent Collections 500 500 301 (199) General Property Tax - Interest and Penalties 1,500 1,500 1,980 480 General Property Tax - Abatements - (3,615) (3,615) - Specific Ownership Tax 115,000 130,000 126,985 (3,015) Sales Tax 8,476,984 11,264,470 11,425,673 161,203 Utility Tax 115,000 120,000 115,387 (4,613) Accommodations Tax 1,040,789 2,017,544 2,212,356 194,812 Penalties and Interest 35,000 51,896 52,933 1,037 Sales Tax Audit Assessments 10,000 100,000 129,442 29,442 VAA Retail Sales Fee 855,000 875,000 877,862 2,862 Cigarette Excise Tax 210,000 255,000 258,573 3,573 Tobacco Tax 185,000 300,000 301,631 1,631 Franchise Fees 435,000 430,000 439,599 9,599 Total Taxes 13,525,678 17,588,200 17,984,254 396,054 Licenses and Permits: Liquor Licenses 12,500 8,300 10,443 2,143 Business Licenses 75,000 95,000 90,782 (4,218) Contractor's Licenses 12,000 18,625 18,510 (115) Tobacco / Cigarette Retailers License 1,500 1,750 1,750 - Booting/Towing Licenses 500 600 450 (150) Building Permits 190,000 190,000 322,529 132,529 Road Cut Permits 8,000 5,700 8,749 3,049 Mobile Vendor Cart Permits 600 350 - (350) Total Licenses and Permits 300,100 320,325 453,213 132,888 Intergovernmental: Federal: Click It or Ticket 3,000 3,000 - (3,000) Bullet Proof Vest Grant 2,000 2,000 - (2,000) LEAF Grant - 3,808 11,086 7,278 Other Federal Grants - - 4,248 4,248 State: High Visibility Grants 20,000 20,000 9,073 (10,927) POST I70 Training Grants 21,000 48,135 27,722 (20,413) DOLA Grants 47,000 47,000 29,717 (17,283) Local Government/Other Agency Recreation Center Grants - 8,250 8,250 - Other Local Grants 5,000 - 1,831 1,831 Budgeted Amounts 84 Variance with Final Budget - Actual Positive Description Original Final Amounts (Negative) Intergovernmental: State/County Shared Revenue: Conservation Trust 73,500$ 70,000$ 79,128$ 9,128$ Motor Vehicle Registration 24,800 24,800 25,940 1,140 Highway User's Tax 168,430 190,465 205,005 14,540 County Sales Tax 500,000 586,570 590,743 4,173 Road & Bridge Fund 144,000 165,000 150,512 (14,488) State Severance Tax 750 750 646 (104) Total Intergovernmental 1,009,480 1,169,778 1,143,901 (25,877) Charges for Services: General Government: Photocopying Charges 100 100 - (100) License Hearing Fees 100 100 - (100) Other Fees and Charges 2,000 3,500 3,149 (351) Credit Card and Paper Filing Fees 2,500 2,500 1,975 (525) Community Development: Plan Check Fees 120,000 120,000 202,191 82,191 Design Review Fees 15,000 15,000 11,237 (3,763) Animal Control Fees 150 150 - (150) Impact Fee Administrative Fees 1,500 1,500 174 (1,326) Public Safety: Police Reports 1,000 1,000 730 (270) Off-duty Police Employment 25,000 12,000 9,917 (2,083) Fingerprinting Fees 500 500 790 290 VIN Inspection Fees 1,800 2,000 1,890 (110) False Alarm Fees 75 75 65 (10) National Night Out 1,500 1,500 - (1,500) DUI Reimbursement 15,000 15,000 16,639 1,639 Avon Recreation Center: Admission Fees 550,000 650,000 789,745 139,745 Program Fees 7,945 15,000 34,886 19,886 Facility Rentals - 2,000 6,582 4,582 Merchandise Sales 4,596 4,596 4,113 (483) Other Recreation Center Services 5,004 5,004 4,517 (487) Fitness Program Revenues 12,000 25,000 46,482 21,482 Swim Team Revenue 50,112 65,000 49,404 (15,596) Private Lessons 21,000 32,000 23,830 (8,170) Budgeted Amounts 85 TOWN OF AVON, COLORADO DETAILED SCHEDULE OF GENERAL FUND REVENUES (BUDGETARY BASIS) - BUDGET AND ACTUAL FOR THE YEAR ENDED DECEMBER 31, 2021 (CONTINUED) Variance with Final Budget - Actual Positive Description Original Final Amounts (Negative) Charges for Services: General Recreation: Adult Program Revenues -$ 1,500$ 4,513$ 3,013$ Cabin Equipment Rentals 60,000 60,000 50,158 (9,842) Athletic Field Rentals 2,000 2,000 340 (1,660) Cabin Concessions - 700 645 (55) Youth Program Revenues 160,000 160,000 126,109 (33,891) Special Events: Concession Sales - 58,548 58,210 (338) Sponsorships - 16,000 16,000 - Event Fees 400 8,740 8,114 (626) Special Event Admission Fees - 5,977 5,631 (346) Pavillion Rentals 500 3,704 3,825 121 Total Charges for Services 1,059,782 1,290,694 1,481,861 191,167 Fines and Forfeitures: Court Fines - Traffic 23,000 23,000 27,188 4,188 Court Fines - Criminal 10,000 6,500 8,405 1,905 Court Fines - Parking 6,700 3,000 4,290 1,290 Court Costs 4,000 3,000 2,820 (180) Jury Fees 100 100 - (100) Bond Forfeitures 100 100 - (100) Police Training Surcharge 3,000 3,000 3,050 50 Total Fines and Forfeitures 46,900 38,700 45,753 7,053 Investment Earnings 150,000 75,000 4,385 (70,615) Miscellaneous Revenues: Recreational Amenity Fees 305,000 315,000 328,728 13,728 Lease of Town-owned Property 58,500 58,500 3,589 (54,911) Miscellaneous Nonclassified Revenues 125,000 129,000 143,080 14,080 Total Miscellaneous Revenues 488,500 502,500 475,397 (27,103) TOTAL REVENUES 16,580,440$ 20,985,197$ 21,588,764$ 603,567$ Budgeted Amounts 86 THIS PAGE INTENTIONALLY LEFT BLANK 87 TOWN OF AVON, COLORADO SCHEDULE OF CAPITAL PROJECT FUND PROJECT EXPENDITURES (BUDGETARY BASIS) - BUDGET AND ACTUAL FROM INCEPTION AND FOR THE YEAR ENDED DECEMBER 31, 2021 Variance with Total Budget - Prior Current Project Positive Project Description Years Year Total Budget (Negative) CAPITAL IMPROVEMENT PROJECTS Facilities: General Government Facilities: Old Town Hall Utility Upgrades 157,002 293,731 450,733 450,000 (733) Old Town Hall Asbestos Mitigation/Demolition 1,200 442,050 443,250 643,359 200,109 Level 2 EV Charging Station - NTH 5,322 38 5,360 5,000 (360) New Town Hall 2nd & 3rd Floor Updates 3,335 33,423 36,758 130,000 93,242 Nottingham Park East Improvements - 58,556 58,556 2,850,000 2,791,444 Office Furntiure - 27,184 27,184 27,000 (184) Public Safety Facilities: PSF Parking Lot Canopy Design - 14,153 14,153 20,000 5,847 Wildridge Emergency Warning Siren - 28,436 28,436 51,000 22,564 Fleet and Trasportation Facilities: Fleet Maintenance EPDM Roof Replacement - 10,500 10,500 320,000 309,500 Cultural and Recreational Facilities: Pavilion Deck Railing and Floor Repair 95,434 301,719 397,153 425,600 28,447 Recreation Center Locker Replacement - 303,412 303,412 290,000 (13,412) Recreation Center HVAC Upgrade - 7,500 7,500 250,000 242,500 Recreation Center ADA Parking - 865 865 10,000 9,135 Recreation Center Yoga Studio Bathroom Conversi - 28,690 28,690 30,000 1,310 Recreation Center Jacuzzi Leak Repair - 27,406 27,406 60,000 32,594 Recreation Center Pool Replastering - 202,980 202,980 205,000 2,020 Other Facilities Level 3 DC Fast Charging Station 51,103 317 51,420 75,000 23,580 Level 2 & DC Fast Charging Stations - Tract A - 75,144 75,144 81,000 5,856 Land and Land Improvements: Nottingham Park West Courts Reconstruction 9,307 24,853 34,160 1,077,000 1,042,840 Powerline Undergrounding - 333 333 120,000 119,667 West Nottingham Park Improvements - 305,064 305,064 318,000 12,936 North Restrooms - Nottingham Lake Beach - 19,942 19,942 540,000 520,058 Nottingham Park Light Upgrade - Phase 2 - 247,643 247,643 281,200 33,557 Beach Expansion Planning - 865 865 20,000 19,135 Actual Amounts 88 Variance with Total Budget - Prior Current Project Positive Project Description Years Year Total Budget (Negative) CAPITAL IMPROVEMENT PROJECTS Roads and Streets: Streetscape Improvements: Mall Activation Elements 15,088$ 1,613$ 16,701$ 40,000$ 23,299$ Avon Rd. / I70 Overpass Aesthetics Imp.53,133 854,960 908,093 1,048,245 140,152 Street Maintenance and Repair: Retaining Wall Repairs - Nottingham and Swift G - 6,179 6,179 150,000 143,821 Annual Guardrail Repair - 7,035 7,035 40,000 32,965 Buck Creek Repairs 11,651 568,816 580,467 800,000 219,533 Mikaela Way and Benchmark Rd.- 312,692 312,692 400,000 87,308 Hurd Lane and Avon Rd. Intersection - 7,030 7,030 20,000 12,970 Metcalf Rd. Culvert Repair - 41,610 41,610 450,000 408,390 Street Improvements: West B/C Blvd. / Beach On-street Parking - 10,325 10,325 10,325 - Recreational Trails Program: West Avon Preserve Trail Improvements 52,464 1,000 53,464 57,000 3,536 June Creek Emergency Access - 7,127 7,127 110,000 102,873 Water Projects: East Stormwater Quality Vault 253,972 4,106 258,078 315,000 56,922 Nottingham Rd. Debris Flow Study and Imp.200,134 64,056 264,190 425,000 160,810 Communications and Technology: Broadband - 44,598 44,598 125,000 80,402 RR Bridge LED Messaging Board - 55,930 55,930 75,000 19,070 Permanent Variable Message Boards - 17,719 17,719 150,000 132,281 Finance / Comm. Dev. ERP Systems 142,756 22,299 165,055 275,290 110,235 Firearms Simulator - 32,000 32,000 32,000 - Hybrid Meeting Technical Improvements - 28,340 28,340 30,000 1,660 Total Capital Improvement Projects 1,051,901$ 4,542,239$ 5,594,140$ 12,832,019$ 7,237,879$ Actual Amounts 89 Form Approved The public report burden for this information collection is estimated to average 380 hours annually. OMB No. 2125-0032 City or County:Avon YEAR ENDING : December 2021 This Information From The Records Of (example - City of _ or County of _)Prepared By: Joel McCracken Phone:970.748.4019 A. Local B. Local C. Receipts from D. Receipts from Motor-Fuel Motor-Vehicle State Highway-Federal HighwayTaxesTaxesUser Taxes Administration 1. Total receipts available 2. Minus amount used for collection expenses 3. Minus amount used for nonhighway purposes 4. Minus amount used for mass transit 5. Remainder used for highway purposes AMOUNT AMOUNTA. Receipts from local sources:A. Local highway disbursements: 1. Local highway-user taxes 1. Capital outlay (from page 2)0 a. Motor Fuel (from Item I.A.5.) 2. Maintenance:3,257,858 b. Motor Vehicle (from Item I.B.5.) 3. Road and street services: c. Total (a.+b.) a. Traffic control operations 52,160 2. General fund appropriations 2,703,023 b. Snow and ice removal 734,022 3. Other local imposts (from page 2)126,985 c. Other 4. Miscellaneous local receipts (from page 2)1,743,503 d. Total (a. through c.)786,182 5. Transfers from toll facilities 4. General administration & miscellaneous 6. Proceeds of sale of bonds and notes: 5. Highway law enforcement and safety 440,424 a. Bonds - Original Issues 6. Total (1 through 5)4,484,463 b. Bonds - Refunding Issues B. Debt service on local obligations: c. Notes 1. Bonds: d. Total (a. + b. + c.)0 a. Interest 74,993 7. Total (1 through 6)4,573,511 b. Redemption 245,000 B. Private Contributions c. Total (a. + b.)319,993C. Receipts from State government 2. Notes: (from page 2)230,945 a. InterestD. Receipts from Federal Government b. Redemption (from page 2)0 c. Total (a. + b.)0E. Total receipts (A.7 + B + C + D)4,804,456 3. Total (1.c + 2.c)319,993 C. Payments to State for highwaysD. Payments to toll facilitiesE. Total disbursements (A.6 + B.3 + C + D)4,804,456 Opening Debt Amount Issued Redemptions Closing DebtA. Bonds (Total)2,475,000 245,000 2,230,000 1. Bonds (Refunding Portion)B. Notes (Total)0 A. Beginning Balance B. Total Receipts C. Total Disbursements D. Ending Balance E. Reconciliation 4,804,456 4,804,456 0Notes and Comments: FORM FHWA-536 (Rev.06/2000) PREVIOUS EDITIONS OBSOLETE Excel (Next Page) ITEM AND STREET PURPOSES LOCAL HIGHWAY FINANCE REPORT I. DISPOSITION OF HIGHWAY-USER REVENUES AVAILABLE FOR LOCAL GOVERNMENT EXPENDITURE ITEM III. DISBURSEMENTS FOR ROAD V. LOCAL ROAD AND STREET FUND BALANCE ITEM II. RECEIPTS FOR ROAD AND STREET PURPOSES IV. LOCAL HIGHWAY DEBT STATUS (Show all entries at par) 90 STATE: Colorado YEAR ENDING (mm/yy): December 2021 AMOUNT AMOUNT A.3. Other local imposts:A.4. Miscellaneous local receipts: a. Property Taxes and Assessments a. Interest on investments b. Other local imposts: b. Traffic Fines & Penalities 1. Sales Taxes c. Parking Garage Fees 2. Infrastructure & Impact Fees d. Parking Meter Fees 3. Liens e. Sale of Surplus Property 4. Licenses f. Charges for Services 5. Specific Ownership &/or Other 126,985 g. Other Misc. Receipts 6. Total (1. through 5.)126,985 h. Other RETT 1,743,503 c. Total (a. + b.)126,985 i. Total (a. through h.)1,743,503 (Carry forward to page 1) (Carry forward to page 1) AMOUNT AMOUNT C. Receipts from State Government D. Receipts from Federal Government 1. Highway-user taxes 205,005 1. FHWA (from Item I.D.5.) 2. State general funds 2. Other Federal agencies: 3. Other State funds: a. Forest Service a. State bond proceeds b. FEMA b. Project Match c. HUD c. Motor Vehicle Registrations 25,940 d. Federal Transit Admin d. Other (Specify) - DOLA Grant e. U.S. Corps of Engineers e. Other (Specify) f. Other Federal f. Total (a. through e.)25,940 g. Total (a. through f.)0 4. Total (1. + 2. + 3.f)230,945 3. Total (1. + 2.g) (Carry forward to page 1) ON NATIONAL OFF NATIONAL HIGHWAY HIGHWAY TOTAL SYSTEM SYSTEM (a)(b)(c)A.1. Capital outlay: a. Right-Of-Way Costs 0 b. Engineering Costs 0 c. Construction: (1). New Facilities 0 (2). Capacity Improvements 0 (3). System Preservation 0 (4). System Enhancement & Operation 0 (5). Total Construction (1) + (2) + (3) + (4)0 0 0 d. Total Capital Outlay (Lines 1.a. + 1.b. + 1.c.5)0 0 0 (Carry forward to page 1) Notes and Comments: FORM FHWA-536 III. DISBURSEMENTS FOR ROAD AND STREET PURPOSES - DETAIL II. RECEIPTS FOR ROAD AND STREET PURPOSES - DETAIL LOCAL HIGHWAY FINANCE REPORT ITEM ITEM ITEM ITEM 91 THIS PAGE INTENTIONALLY LEFT BLANK 92 STATISTICAL SECTION This section of the Town of Avon’s comprehensive annual financial report presents detailed information as a context for understanding what the information in the financial statements, note disclosures, and required supplementary information says about the Town’s overall financial health. Financial Trends (Pages 94-102) – These schedules contain trend information to help readers understand how the Town’s financial performance and well-being have changed over time. Revenue Capacity (Pages 103-107) – These schedules contain information to help readers understand and assess the factors affecting the Town’s ability to generate its own-source revenues, specifically property taxes. Debt Capacity (Pages 108-111) – These schedules present information to help readers understand and assess the Town’s debt burden and ability to issue additional debt. Demographic and Economic Information (Pages 112-114) – These schedules offer demographic and economic information to help readers understand the environment in which the Town’s financial activities take place and to provide information that facilitates comparisons of financial statement information over time and among other local governments. Operating Information (Pages 115-117) – These schedules contain service and infrastructure information to help readers understand how the information in the Town’s financial report relates to the services the Town provides and the activities it performs. 93 TOWN OF AVON, COLORADO NET POSITION BY COMPONENT LAST TEN FISCAL YEARS 2012 2013 2014 2015 Governmental Activities Net Investment in Capital Assets 36,904,217$ 34,774,531$ 64,112,399$ 60,000,945$ Restricted For: Emergencies 428,947 476,619 598,376 552,335 Debt Service 1,015,589 1,139,575 1,136,228 1,157,629 Capital Improvements 2,530,266 4,635,904 3,386,451 6,198,817 Urban Renewal 216,002 367,082 305,379 404,048 Purposes of Grantors 2,238,966 2,007,140 929,226 1,106,628 Unrestricted 13,544,676 10,217,136 10,466,381 11,283,921 Total Governmental Activities Net Position 56,878,663$ 53,617,987$ 80,934,440$ 80,704,323$ Business-type Activities Net Investment in Capital Assets 1,761,245$ 12,583,125$ 12,097,298$ 11,633,282$ Unrestricted 943,960 783,529 843,503 859,368 Total Business-type Activities Net Position 2,705,205$ 13,366,654$ 12,940,801$ 12,492,650$ Primary Government Net Investment in Capital Assets 38,665,462$ 47,357,656$ 76,209,697$ 71,634,227$ Restricted 6,429,770 8,626,320 6,355,660 9,419,457 Unrestricted 14,488,636 11,000,665 11,309,884 12,143,289 Total Primary Government Net Position 59,583,868$ 66,984,641$ 93,875,241$ 93,196,973$ Source: Town of Avon Finance Department Fiscal Year 94 2016 2017 2018 2019 2020 2021 58,088,785$ 56,693,531$ 60,092,867$ 60,035,630$ 59,208,071$ 61,078,037$ 664,805 688,786 693,001 805,865 829,650 980,080 1,169,163 1,175,301 1,163,056 1,162,093 - - 5,921,087 3,373,917 702,390 657,821 657,821 451,280 555,167 717,740 - - 22,942 95,276 142,100 192,173 267,911 691,828 886,122 1,023,435 16,341,288 20,329,098 20,540,937 22,762,477 29,333,839 34,504,143 82,882,395$ 83,170,546$ 83,460,162$ 86,115,714$ 90,938,445$ 98,132,251$ 11,430,538$ 11,424,412$ 10,877,907$ 10,401,752$ 10,299,819$ 10,940,758$ 908,749 710,428 652,622 540,075 914,845 1,955,681 12,339,287$ 12,134,840$ 11,530,529$ 10,941,827$ 11,214,664$ 12,896,439$ 69,519,323$ 68,117,943$ 70,970,774$ 70,437,382$ 69,507,890$ 72,018,795$ 8,452,322 6,147,917 2,826,358 3,317,607 2,396,535 2,550,071 17,250,037 21,039,526 21,193,559 23,302,552 30,248,684 36,459,824 95,221,682$ 95,305,386$ 94,990,691$ 97,057,541$ 102,153,109$ 111,028,690$ Fiscal Year 95 TOWN OF AVON, COLORADO CHANGES IN NET POSITION LAST TEN FISCAL YEARS 2012 2013 2014 2015 Expenses Governmental Activities: General Government 3,400,499$ 2,836,303$ 3,186,870$ 3,042,126$ Community Development 421,554 365,960 463,821 1,341,706 Public Safety 2,554,404 2,551,559 2,792,174 3,039,333 Public Works and Utilities 5,479,239 4,814,364 7,179,132 8,458,218 Recreation and Culture 2,737,458 3,851,812 2,061,033 1,430,648 Mobility - - - - Interest and Fiscal Charges on Long-term Debt 516,160 600,367 504,343 639,267 Total Governmental Activity Expenses 15,109,314 15,020,365 16,187,373 17,951,298 Business-type Activities: Transportation 1,083,097 1,193,289 1,686,778 1,979,505 Fleet Maintenance 1,382,954 1,608,295 1,609,134 1,506,138 Total Business-type Activity Expenses 2,466,051 2,801,584 3,295,912 3,485,643 Total Primary Government Expenses 17,575,365$ 17,821,949$ 19,483,285$ 21,436,941$ Program Revenues Governmental Activities: Charges for Services: General Government 183,969$ 135,448$ 163,429$ 219,364$ Community Development 225,778 485,406 279,179 380,130 Public Safety 52,649 54,205 66,662 69,629 Public Works and Utilities 278,662 256,749 564,090 764,549 Recreation and Culture 1,116,947 1,064,314 1,092,276 1,238,395 Mobility - - - - Operating Grants and Contributions 39,607 39,217 52,151 11,713 Capital Grants and Contributions 1,715,337 7,823,132 1,027,911 61,779 Total Governmental Activity Program Revenues 3,612,949 9,858,471 3,245,698 2,745,559 Business-type Activities: Charges for Services 1,135,929 1,450,388 1,645,083 1,670,213 Operating Grants and Contributions - - - - Capital Grants and Contributions 305,351 90,494 - - Total Business-type Activity Program Revenues 1,441,280 1,540,882 1,645,083 1,670,213 Total Primary Government Program Revenues 5,054,229$ 11,399,353$ 4,890,781$ 4,415,772$ Net (Expense) Revenue Governmental Activities (11,496,365)$ (5,161,894)$ (12,941,675)$ (15,205,739)$ Business-type Activities (1,024,771) (1,260,702) (1,650,829) (1,815,430) Fiscal Year 96 2016 2017 2018 2019 2020 2021 3,291,190$ 3,500,101$ 3,661,274$ 5,968,157$ 5,809,422$ 6,169,567$ 1,202,097 1,617,329 1,454,581 557,539 513,004 536,564 3,214,680 3,703,871 3,983,349 4,310,801 4,466,597 4,372,460 9,656,808 9,026,700 9,448,309 8,134,954 8,245,335 8,481,110 1,584,531 1,684,492 1,978,431 2,160,389 1,814,889 1,917,182 - - - - - 84,167 754,238 796,462 720,441 617,694 538,010 412,275 19,703,544 20,328,955 21,246,385 21,749,534 21,387,257 21,973,325 1,963,223 2,253,558 2,272,401 2,502,195 2,325,260 2,465,889 1,623,046 1,655,774 1,720,433 1,780,524 1,784,854 1,637,288 3,586,269 3,909,332 3,992,834 4,282,719 4,110,114 4,103,177 23,289,813$ 24,238,287$ 25,239,219$ 26,032,253$ 25,497,371$ 26,076,502$ 239,199$ 294,431$ 272,153$ 280,165$ 197,989$ 333,474$ 369,867 396,731 395,239 843,810 421,822 604,037 99,862 64,275 93,646 60,017 41,786 30,031 698,195 287,151 233,982 484,271 195,682 319,428 1,334,056 1,519,254 1,458,802 1,385,312 744,429 1,141,324 - - - - - - 104,217 84,761 75,430 89,873 826,152 104,842 1,816,456 31,237 491,600 815 37,206 48,128 4,661,852 2,677,840 3,020,852 3,144,263 2,465,066 2,581,264 1,557,439 1,482,770 1,564,465 1,644,868 1,813,132 1,656,035 - - 75,000 245,980 646,470 1,025,745 100,000 328,000 - - - 967,643 1,657,439 1,810,770 1,639,465 1,890,848 2,459,602 3,649,423 6,319,291$ 4,488,610$ 4,660,317$ 5,035,111$ 4,924,668$ 6,230,687$ (15,041,692)$ (17,651,115)$ (18,225,533)$ (18,605,271)$ (18,922,191)$ (19,392,061)$ (1,928,830) (2,098,562) (2,353,369) (2,391,871) (1,650,512) (453,754) Fiscal Year 97 TOWN OF AVON, COLORADO CHANGES IN NET POSITION (CONTINUED) LAST TEN FISCAL YEARS 2012 2013 2014 2015 General Revenues and Other Changes in Net Position Governmental Activities: Taxes: Property Taxes 3,027,319$ 3,039,132$ 2,873,055$ 2,904,509$ Real Estate Transfer Taxes 1,707,648 1,574,502 3,764,526 2,369,314 Sales and Accommodation Taxes 6,340,557 7,249,935 8,089,010 8,754,673 Other Taxes 499,114 625,756 1,197,603 1,208,352 Unrestricted Investment Earnings 37,827 21,296 45,844 53,161 Loss on Disposal of Capital Assets (30,857) - - - Grants and Contributions Not Restricted to Specific Programs 839,112 864,231 883,884 482,769 Miscellaneous 344,503 408,142 500,925 529,843 Capital Contributions - (10,955,776) 24,063,281 - Transfers (910,000) (926,000) (1,160,000) (1,326,999) Total Governmental Activities 11,855,223 1,901,218 40,258,128 14,975,622 Business-type Activities: Property Taxes 40,032 40,375 40,079 40,280 Capital Contributions - 10,955,776 24,897 - Loss on Disposal of Capital Assets (291,485) - - - Transfers 910,000 926,000 1,160,000 1,326,999 Total Business-type Activities 658,547 11,922,151 1,224,976 1,367,279 Total Primary Government 12,513,770$ 13,823,369$ 41,483,104$ 16,342,901$ Change in Net Position Governmental Activities 358,858$ (3,260,676)$ 27,316,453$ (230,117)$ Business-type Activities (366,224) 10,661,449 (425,853) (448,151) Total Primary Government (7,366)$ 7,400,773$ 26,890,600$ (678,268)$ Source: Town of Avon Finance Department Fiscal Year 98 2016 2017 2018 2019 2020 2021 3,315,020$ 2,876,177$ 3,260,557$ 3,226,470$ 3,727,486$ 3,672,627$ 3,497,602 4,411,530 3,621,125 5,001,145 5,998,950 7,354,186 9,540,260 9,437,658 10,595,905 11,438,117 11,303,195 13,820,404 1,389,896 1,385,171 641,144 990,898 996,839 2,120,037 139,665 178,997 398,998 549,998 288,927 (7,865) - - - - - - 513,912 913,784 932,146 968,549 918,375 1,052,084 558,618 589,767 772,766 847,185 2,392,866 667,854 (150,215) (103,403) - (61,539) - - (1,584,994) (1,750,415) (1,707,492) (1,700,000) (1,881,716) (2,093,460) 17,219,764 17,939,266 18,515,149 21,260,823 23,744,922 26,585,867 40,258 40,297 41,566 41,630 41,633 42,069 150,215 103,403 - 61,539 - - - - - - - - 1,584,994 1,750,415 1,707,492 1,700,000 1,881,716 2,093,460 1,775,467 1,894,115 1,749,058 1,803,169 1,923,349 2,135,529 18,995,231$ 19,833,381$ 20,264,207$ 23,063,992$ 25,668,271$ 28,721,396$ 2,178,072$ 288,151$ 289,616$ 2,655,552$ 4,822,731$ 7,193,806$ (153,363) (204,447) (604,311) (588,702) 272,837 1,681,775 2,024,709$ 83,704$ (314,695)$ 2,066,850$ 5,095,568$ 8,875,581$ Fiscal Year 99 TOWN OF AVON, COLORADO CHANGES IN FUND BALANCES, GOVERNMENTAL FUNDS LAST TEN FISCAL YEARS 2012 2013 2014 2015 Revenues Taxes 11,574,638$ 12,489,325$ 15,924,194$ 15,236,848$ Licenses and Permits 207,670 336,548 210,636 335,741 Intergovernmental 2,594,056 8,324,980 1,963,946 989,546 Charges for Services 1,473,552 1,556,262 1,757,625 1,682,724 Fines and Forfeitures 151,533 104,736 131,513 129,356 Investment Earnings 37,827 21,296 45,827 53,158 Other Revenues 380,647 531,738 503,354 532,353 Total Revenues 16,419,923 23,364,885 20,537,095 18,959,726 Expenditures Current: General Government and Housing 3,088,911 2,762,979 3,084,616 2,916,095 Community Development 421,133 369,158 456,063 1,348,166 Public Safety 2,551,488 2,539,475 2,726,711 3,007,164 Public Works and Utilities 3,192,763 1,911,225 3,799,489 4,080,272 Recreation and Culture 2,148,410 3,328,177 1,654,078 1,147,149 Capital Improvements 4,087,083 11,837,101 7,927,709 3,284,852 Debt Service: Principal 1,240,000 7,300,000 1,491,042 1,264,966 Interest 470,455 423,487 453,883 503,269 Bond Issuance Costs - 133,330 - 80,569 Fiscal Charges 43,622 39,145 51,007 41,289 Total Expenditures 17,243,865 30,644,077 21,644,598 17,673,791 Excess (Defieiency) of Revenues Over (Under) Expenditures (823,942) (7,279,192) (1,107,503) 1,285,935 Other Financing Sources (Uses) Transfers In 1,591,071 2,081,160 4,888,511 4,361,441 Transfers Out (2,501,071) (3,007,160) (6,048,511) (5,138,440) Debt Issuance Proceeds - 6,851,367 - 3,800,000 Payments to Escrow Agent - - - - Sales of Capital Assets - 1,151 - - Total Other Financing Sources (Uses)(910,000) 5,926,518 (1,160,000) 3,023,001 Net Change in Fund Balances (1,733,942)$ (1,352,674)$ (2,267,503)$ 4,308,936$ Debt Service as a Percentage of Noncapital Expenditures 12.60%39.77%12.95%11.37% Source: Town of Avon Finance Department Fiscal Year 100 2016 2017 2018 2019 2020 2021 17,742,776$ 18,148,536$ 18,118,731$ 20,656,630$ 22,026,470$ 26,967,254$ 259,997 374,311 398,860 752,345 388,494 461,647 2,868,277 1,029,782 1,499,176 1,156,632 1,781,733 1,205,054 1,772,510 2,005,812 1,927,701 2,181,861 1,173,521 1,742,352 91,014 94,311 52,220 51,535 39,693 45,753 139,665 178,997 398,998 549,998 288,927 (8,035) 651,603 664,037 748,101 838,635 2,367,398 669,460 23,525,842 22,495,786 23,143,787 26,187,636 28,066,236 31,083,485 3,119,007 3,379,282 3,636,761 4,982,737 5,522,841 6,081,429 1,201,086 1,505,073 1,342,798 521,129 500,739 551,138 3,122,942 3,416,991 3,690,530 3,984,465 4,050,935 4,169,397 5,067,825 4,318,222 4,310,596 4,397,725 4,067,683 4,612,171 1,293,277 1,436,483 1,585,571 1,703,007 1,311,887 1,622,206 8,864,565 6,721,147 8,449,771 3,532,547 2,111,194 4,542,239 1,382,506 1,239,743 1,371,210 1,335,902 1,414,010 1,387,925 473,674 746,385 666,120 624,162 429,221 403,078 147,270 41,162 - - 113,525 - 54,071 81,625 63,337 10,060 7,084 9,351 24,726,223 22,886,113 25,116,694 21,091,734 19,529,119 23,378,934 (1,200,381) (390,327) (1,972,907) 5,095,902 8,537,117 7,704,551 2,819,319 5,508,421 3,266,471 1,623,043 2,205,115 2,238,633 (4,404,313) (7,258,836) (5,016,471) (3,323,043) (4,086,831) (4,607,093) 6,300,000 3,080,204 258,258 - 6,084,000 - - - - - (6,850,698) - - - - - - - 4,715,006 1,329,789 (1,491,742) (1,700,000) (2,648,414) (2,368,460) 3,514,625$ 939,462$ (3,464,649)$ 3,395,902$ 5,888,703$ 5,336,091$ 10.95%10.85%10.65%10.61%10.07%10.50% Fiscal Year 101 TOWN OF AVON, COLORADO FUND BALANCES, GOVERNMENTAL FUNDS LAST TEN FISCAL YEARS 2012 2013 2014 2015 2016 General Fund Nonspendable -$ 7,442$ -$ 13,061$ 86,136$ Restricted 428,947 476,619 598,376 552,335 664,805 Assigned 413,251 413,251 325,000 47,878 - Unassigned 3,134,327 4,369,187 3,540,922 5,046,651 5,312,950 Total General Fund 3,976,525 5,266,499 4,464,298 5,659,925 6,063,891 All Other Governmental Funds Nonspendable - - 270 - - Restricted 6,045,396 2,803,943 2,370,833 2,668,305 7,787,517 Committed 3,656,294 3,624,653 3,386,451 6,198,817 4,493,621 Assigned 680,408 1,307,854 513,594 517,335 516,183 Unassigned - - - - - Total All Other Governmental Funds 10,382,098$ 7,736,450$ 6,271,148$ 9,384,457$ 12,797,321$ 2017 2018 2019 2020 2021 General Fund Nonspendable -$ -$ -$ -$ -$ Restricted 688,786 693,001 805,865 829,650 980,080 Assigned - - - - - Unassigned 5,125,805 5,611,041 7,392,670 9,373,237 13,587,481 Total General Fund 5,814,591 6,304,042 8,198,535 10,202,887 14,567,561 All Other Governmental Funds Nonspendable - - - - - Restricted 5,459,131 2,133,357 2,511,742 1,566,885 1,569,991 Committed 7,941,466 7,336,358 8,218,307 11,657,356 13,479,429 Assigned 585,486 716,549 832,594 2,193,502 1,303,307 Unassigned - (154,281) (29,251) - - Total All Other Governmental Funds 13,986,083$ 10,031,983$ 11,533,392$ 15,417,743$ 16,352,727$ Source: Town of Avon Finance Department Fiscal Year Fiscal Year 102 TOWN OF AVON, COLORADO TAX REVENUES BY SOURCE, GOVERNMENTAL FUNDS LAST TEN FISCAL YEARS Avon Urban Penalties, Interest Delinquent Specific Year General Renewal Authority & Abatements Taxes Ownership 2012 2,209,790$ 743,212$ 1,805$ (19,593)$ 92,105$ 2013 2,158,148 777,838 5,421 875 96,850 2014 2,039,463 784,986 (64,246) 6 112,848 2015 2,027,434 756,471 7,124 172 113,308 2016 2,284,282 1,026,248 4,491 -119,483 2017 1,733,823 1,136,777 5,555 22 99,498 2018 1,829,624 1,428,646 1,106 181 105,234 2019 1,839,155 1,386,475 12 828 113,657 2020 2,041,834 1,568,090 3,128 -114,434 2021 2,045,147 1,628,814 (1,635) 301 126,985 Real Estate Sales Utility Accommodations Village at Avon Year Transfer Tax Tax Tax Tax Retail Sales Fee 2012 1,707,648$ 5,607,160$ 127,060$ 733,397$ -$ 2013 1,574,502 6,374,134 110,474 888,867 118,622 2014 3,764,526 7,093,469 109,441 995,540 683,833 2015 2,369,314 7,622,097 106,786 1,132,576 697,924 2016 3,497,602 8,250,381 102,643 1,289,879 735,280 2017 4,448,666 8,104,582 102,279 1,333,939 763,915 2018 3,621,125 8,475,940 105,881 1,334,306 785,659 2019 5,001,145 9,146,851 107,293 1,486,842 804,424 2020 5,998,950 9,214,444 102,442 1,217,787 870,964 2021 7,354,186 11,608,048 115,387 2,212,356 877,862 Cigarette Tobacco Franchise Year Excise Tax Tax Fees Total 2012 -$-$372,054$ 11,574,638$ 2013 -- 383,594 12,489,325 2014 -- 404,328 15,924,194 2015 -- 403,642 15,236,848 2016 -- 432,488 17,742,777 2017 -- 419,479 18,148,536 2018 -- 430,029 18,117,731 2019 189,305 146,016 434,627 20,656,630 2020 250,995 214,907 428,495 22,026,470 2021 258,573 301,631 439,599 26,967,254 Source: Town of Avon Finance Department Property Tax 103 TOWN OF AVON, COLORADO ASSESSED VALUE AND ACTUAL VALUE OF TAXABLE PROPERTY LAST TEN FISCAL YEARS Total Gross Levy Collection Vacant Residential Commercial Other Assessed Year Year Land Property Property Property Value 2011 2012 17,238,450$ 101,871,140$ 73,141,140$ 3,361,120$ 195,611,850$ 2012 2013 15,456,680 102,328,980 71,704,020 3,441,730 192,931,410 2013 2014 16,403,340 90,703,150 67,157,140 4,576,530 178,840,160 2014 2015 15,183,630 92,056,060 66,419,690 4,280,110 177,939,490 2015 2016 14,261,780 121,724,600 70,940,420 3,929,820 211,061,910 2016 2017 13,201,140 123,870,280 69,822,570 4,310,460 211,204,450 2017 2018 12,927,680 129,786,330 79,660,040 4,387,310 226,761,360 2018 2019 11,625,280 131,277,920 83,581,320 3,901,750 230,386,270 2019 2020 12,669,770 146,905,210 89,774,540 3,291,140 252,640,660 2020 2021 10,282,760 151,345,100 89,159,320 3,212,590 253,999,770 Less TIF Total Net Direct Actual Value as a Levy Collection District Assessed Tax Taxable Percentage of Year Year Increment (1)Value Rate Value Actual Value 2011 2012 12,538,960$ 183,072,890$ 12.072 1,566,445,080$ 12.49% 2012 2013 12,511,160 180,420,250 11.983 1,564,516,920 12.33% 2013 2014 12,105,380 166,734,780 12.258 1,406,594,920 12.71% 2014 2015 11,501,900 166,437,590 12.207 1,417,405,720 12.55% 2015 2016 16,476,380 194,585,530 11.765 1,806,178,690 11.69% 2016 2017 17,221,870 193,982,580 8.956 1,825,187,770 11.57% 2017 2018 21,857,430 204,903,930 8.956 2,104,646,220 10.77% 2018 2019 21,475,340 208,910,930 8.956 2,121,154,740 10.86% 2019 2020 24,201,100 228,439,560 8.956 2,389,931,130 10.57% 2020 2021 25,630,460 228,369,310 8.956 2,444,013,540 10.39% Source: Eagle County Assessor's Office, Abstract of Assessments (1) The Avon Urban Renewal Authority was established in August, 2007. Notes: Property tax rates are stated in mills per $1,000 of assessed valuation. Other property includes state assessed, agricultural, and abatements and corrections. 104 TOWN OF AVON, COLORADO DIRECT AND OVERLAPPING PROPERTY TAX RATES LAST TEN FISCAL YEARS Taxing Entity 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Town of Avon General Operating 8.956 8.956 8.956 8.956 8.956 8.956 8.956 8.956 8.956 8.956 General Obligation Debt Service 3.116 3.027 3.302 3.251 2.809 0.000 0.000 0.000 0.000 0.000 Total Direct 12.072 11.983 12.258 12.207 11.765 8.956 8.956 8.956 8.956 8.956 Eagle County 8.499 8.499 8.499 8.499 8.499 8.499 8.499 8.499 8.499 8.499 Colleges and School Districts Colorado Mountain College 3.997 3.997 3.997 3.997 3.997 3.997 3.997 3.997 4.013 4.013 Eagle County School District RE-50J 21.601 21.362 20.826 21.517 20.331 25.209 24.912 25.115 24.240 24.069 Other Special Districts Eagle River Fire Protection District 5.650 7.553 9.238 9.392 8.205 9.740 9.828 10.226 9.766 10.023 Eagle Valley Library District 2.750 2.750 2.750 2.750 2.750 2.750 2.750 2.763 2.763 2.763 Eagle River Water and Sanitation District 0.932 0.931 0.946 0.954 0.852 0.849 0.816 0.815 0.766 0.766 Colorado River Water Conservancy District 0.228 0.242 0.254 0.253 0.243 0.253 0.254 0.256 0.235 0.502 Eagle County Health Services District 1.764 2.023 2.006 2.019 2.008 2.755 2.753 2.766 2.781 2.755 Metropolitan Districts Avon General Improvement District No. 1 15.288 15.288 17.557 17.557 14.077 14.005 14.005 14.005 15.186 15.186 Avon Station Metropolitan District 58.000 58.000 58.000 58.000 58.000 63.000 65.585 65.596 65.572 65.780 Confluence Metropolitan District 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Mountain Vista Metropolitan District 25.000 25.000 25.000 25.000 25.000 25.000 26.155 26.354 26.354 9.250 The Village Metropolitan District 50.000 50.000 50.000 50.000 50.000 50.000 50.000 50.000 15.000 15.000 Source: Eagle County Assessor's Office, Abstract of Assessment Notes: Property tax rates are stated in mills per $1,000 of assessed valuation. The Town's general operating mill rate may be increased only by a majority approval of the Town's residents during a general election. Rates for debt service are set based on each year's debt service requirements. Collection Year 105 TOWN OF AVON, COLORADO PRINCIPAL PROPERTY TAX PAYERS CURRENT YEAR AND NINE YEARS AGO Percentage Percentage of Total of Total Taxable Town of Avon Taxable Town of Avon Assessed Assessed Assessed Assessed Taxpayer Value Rank Value Value Rank Value CSB Properties Holdings LLC 9,213,860$ 1 3.63%0.00% BFG Colorado LLC 6,654,210 2 2.62%0.00% Traer Creek-WMT LLC 5,517,370 3 2.17%6,675,480$ 1 3.41% Avon MOB LLC 5,355,810 4 2.11%0.00% Riverfront Village Hotel, LLC 4,341,930 5 1.71%2,266,130 10 1.16% Beaver Creek Vacation Ownership Plan 4,053,510 6 1.60%0.00% Traer Creek-HD LLC 3,886,820 7 1.53%4,824,150 2 2.47% Avon Piedmoint LLC 3,553,100 8 1.40%0.00% Avon Wynfield LLC 3,515,990 9 1.38%2,376,620 8 1.21% Mountain Vista Condominium Assoc Inc.3,128,530 10 1.23%2,309,540 9 1.18% Points of Colorado 3,015,210 11 1.19%3,426,460 4 1.75% Dillon Real Estate Co, Inc 2,779,760 12 1.09%1,635,990 14 0.84% Christie Lodge Assoc Ltd 2,461,450 13 0.97%0.00% Riverfront Mtn Villas Condominium 2,131,470 14 0.84%0.00% CH Retail Fund II/Bvr Crk Nttngham Sta 1,775,680 15 0.70%0.00% Comcast of Colorado VII LLC NA 0.00%1,290,710 15 0.66% Servco Inc.NA 0.00%2,797,110 6 1.43% Avon Partners II, LLC NA 0.00%2,972,490 5 1.52% Traer Creek-L2 LLC NA 0.00%2,030,010 11 1.04% Chapel Square Ventures LP NA 0.00%4,449,750 3 2.27% ARI Mountain Center LLC NA 0.00%2,519,450 7 1.29% Traer Creek-RP LLC NA 0.00%1,981,370 12 1.01% Riverview Park Assoc., Inc NA 0.00%1,763,960 13 0.90% Total Assessed Value of the Fifteen Largest Taxpayers 61,384,700 24.17%43,319,220 22.15% Total Gross Assessed Value of Other Taxpayers 192,615,070 75.83%152,292,630 77.85% Total Gross Assessed Value of All Taxpayers 253,999,770$ 100.00%195,611,850$ 100.00% Source: Eagle County Assessor's Office 2021 2012 106 TOWN OF AVON, COLORADO PROPERTY TAX LEVIES AND COLLECTIONS LAST TEN FISCAL YEARS Ratio of (2)Total Tax (1)Current Percent of Delinquent Total Collections Levy Collection Total Tax Current Taxes Tax Tax To Total Year Year Tax Levy Collections Collected Collections Collections Tax Levy 2011 2012 2,250,055$ 2,209,593$ 98.20%(19,296)$ 2,190,298$ 97.34% 2012 2013 2,202,287 2,160,634 98.11%875 2,161,509 98.15% 2013 2014 2,083,835 2,042,508 98.02%6 2,042,514 98.02% 2014 2015 2,071,895 2,029,571 97.96%172 2,029,743 97.97% 2015 2016 2,329,489 2,286,146 98.14%- 2,286,146 98.14% 2016 2017 1,777,498 1,736,538 97.70%22 1,736,560 97.70% 2017 2018 1,876,652 1,829,624 97.49%181 1,829,805 97.50% 2018 2019 1,912,703 1,839,155 96.15%828 1,839,983 96.20% 2019 2020 2,087,501 2,083,430 99.80%- 2,083,430 99.80% 2020 2021 2,087,252 2,086,359 99.96%301 2,086,660 99.97% Source: Town of Avon Finance Department Notes: (1) Taxes are due and payable on January 1 based on the prior year's assessed valuation. (2) Information on outstanding delinquent taxes is not available. 107 TOWN OF AVON, COLORADO RATIOS OF OUTSTANDING DEBT BY TYPE LAST TEN FISCAL YEARS General Special Certificates Fiscal Obligation Assessment Revenue of Capital Year Bonds Bonds Bonds Participation Loans Leases 2012 1,960,045$ -$ 870,000$ 3,075,000$ 6,295,000$ 476,227$ 2013 1,498,650 - 7,270,000 2,950,000 - 516,378 2014 1,017,255 - 6,520,000 2,825,000 - 547,990 2015 520,860 - 6,200,000 6,280,000 - 438,024 2016 - - 5,790,000 12,235,000 - 325,518 2017 - - 8,225,362 11,675,000 - 566,231 2018 - - 7,649,283 11,324,659 - 401,100 2019 - - 7,053,286 10,661,468 - 311,195 2020 - - 2,317,223 9,535,000 3,651,000 236,248 2021 - - 2,135,945 8,829,000 3,227,000 159,601 Certificates Total Percentage Fiscal of Capital Primary of Personal Per Year Participation Leases Government Income Capita 2012 3,174,614$ 326,774$ 16,177,660$ 0.41%2,631$ 2013 3,047,119 303,251 15,585,398 0.39%2,563 2014 2,914,623 244,259 14,069,127 0.34%2,337 2015 2,777,127 185,937 16,401,948 0.40%2,746 2016 2,605,000 125,825 21,081,343 0.49%3,566 2017 2,465,000 63,864 22,995,457 0.52%3,948 2018 2,349,640 258,258 21,982,940 0.49%3,811 2019 2,197,144 224,979 20,448,072 0.44%3,026 2020 1,826,000 190,561 17,756,032 0.36%2,890 2021 1,619,000 154,967 16,125,513 NA 2,686 Source: Town of Avon Finance Department Governmental Activities Business-Type Activities 108 TOWN OF AVON, COLORADO DIRECT AND OVERLAPPING GOVERNMENTAL ACTIVITIES DEBT DECEMBER 31, 2021 Estimated Estimated Share of Debt Percentage Overlapping Government Unit Outstanding Applicable a Debt Debt Repaid With Property Taxes Confluence Metropolitan District 23,120,000$ 100.00%23,120,000$ Eagle County School District RE-50J 206,620,000 7.70%15,915,769 Eagle River Fire Protection District 22,328,992 22.75%5,080,890 The Village Metropolitan District 44,810,000 100.00%44,810,000 Subtotal - Overlapping debt 88,926,659 Town of Avon Direct Debt 16,085,831 Total Direct and Overlapping Debt 105,012,490$ Source: Various Governmental Entities, Eagle County Finance Department Note: Overlapping governments are those that coincide, at least in part, with the geographic boundaries of the Town. This schedule estimates the portion of the outstanding debt of those overlapping governments that is borne by the residents and businesses of Avon. This process recognizes that, when considering the Town's ability to issue and repay long-term debt, the entire debt burden borne by the residents and businesses should be taken into account. However, this does not imply that every taxpayer is a resident, and therefore responsible for repaying the debt of each overlapping government. a The basic approach to estimating the applicable percentage of overlapping debt was to divide the assessed value of the portion overlapping the Town to the total assessed value of the overlapping entity. 109 TOWN OF AVON, COLORADO RATIO OF GENERAL BONDED DEBT OUTSTANDING AND LEGAL DEBT MARGIN LAST TEN FISCAL YEARS 2012 2013 2014 2015 General Bonded Debt Outstanding General Obligation Bonds 2,380,000$ 1,480,000$ 1,005,000$ 515,000$ Actual Taxable Property Value 1,566,445,080 1,564,516,920 1,406,594,920 1,417,405,720 Net Assessed Value 183,072,890 180,420,250 166,734,780 166,437,590 Percentage of General Bonded Debt Outstanding to Actual Taxable Property Value 0.15%0.09%0.07%0.04% Town of Avon Population 6,393 6,388 6,410 6,472 Per Capita 372$ 232$ 157$ 80$ Legal Debt Limit 45,768,223$ 45,105,062$ 41,683,695$ 41,609,398$ Total Debt Applicable to Limit (2,380,000) (1,480,000) (1,005,000) (515,000) Legal Debt Margin 43,388,223$ 43,625,062$ 40,678,695$ 41,094,398$ Total Debt Applicable to the Limit as a Percentage of Legal Debt Limit 5.20%3.28%2.41%1.24% Source: Eagle County Assessor's Office, State of Colorado Division of Local Governments Fiscal Year 110 2016 2017 2018 2019 2020 2021 -$ -$ -$ -$ -$ -$ 1,806,178,690 1,825,187,770 2,104,646,220 2,121,154,740 2,389,931,130 2,444,013,540 194,585,530 193,982,580 204,903,930 208,910,930 228,439,560 228,369,310 0.00%0.00%0.00%0.00%0.00%0.00% 6,505 6,383 6,518 6,365 6,144 6,144 -$ -$ -$ -$ -$ -$ 48,646,382$ 48,495,645$ 51,225,982$ 52,227,732$ 57,109,890$ 57,092,328$ - - - - - - 48,646,382$ 48,495,645$ 51,225,982$ 52,227,732$ 57,109,890$ 57,092,328$ 0.00%0.00%0.00%0.00%0.00%0.00% Fiscal Year 111 TOWN OF AVON, COLORADO DEMOGRAPHIC AND ECONOMIC STATISTICS LAST TEN FISCAL YEARS Eagle Eagle County Eagle County Eagle County Denver / Eagle Town of Eagle Personal Per Capita County RE-50J Boulder County Avon County Income Personal Median School Consumer Unemployment Year Population Population (In $1,000's)Income Age Enrollment Price Index Rate 2012 6,148 51,768 3,955,075$ 76,400$ 34.90 6,408 224.6 8.20% 2013 6,080 51,921 4,008,301 77,200 36.00 6,383 230.8 5.20% 2014 6,021 52,460 4,107,618 78,300 36.20 6,713 237.2 4.75% 2015 5,972 52,921 4,106,670 77,600 36.50 6,546 240.0 2.10% 2016 5,911 53,989 4,297,524 79,600 36.70 6,901 246.6 2.81% 2017 5,825 54,772 4,414,623 80,600 37.00 6,956 254.9 2.22% 2018 5,769 54,993 4,502,332 81,871 37.40 6,863 261.9 2.59% 2019 6,758 55,127 4,699,742 85,253 36.50 6,841 267.4 2.25% 2020 6,144 55,665 4,891,395 87,872 37.80 6,692 272.2 5.10% 2021 6,003 55,727 NA NA 37.70 7,562 281.8 4.30% N/A - Information not available. Information was compiled by the Demographic Section of the Colorado Division of Local Government, Bureau of Labor Statistics and U.S. Census Bureau. School Enrollment was obtained by Eagle County School District Administration Office based on June Enrollment. Per Capita Personal Income obtained from Bureau of Economic Analysis, Regional Economic Accounts. 112 TOWN OF AVON, COLORADO PRINCIPAL EMPLOYERS CURRENT YEAR AND NINE YEARS AGO Employer Employees Rank Employees Rank Westin Riverfront Resort & Spa 330 1 267 1 Wal-Mart 250 2 252 2 City Market 139 3 129 4 Maya, Mexican Kitchen 132 4 NA NA Eagle River Water & Sanitation 115 5 99 6 Home Depot 112 6 124 5 Christie Lodge 105 7 78 9 Town of Avon 99 8 82 8 Colorado Mountain Medical - Avon 71 9 NA NA Sheraton Mountain Vista 47 10 89 7 CIMA NA NA 150 3 Montana's Bar & Grill NA NA 45 10 Sources: Various Town of Avon businesses, Department of Labor 2021 2012 113 TOWN OF AVON, COLORADO COMMERCIAL AND RESIDENTIAL CONSTRUCTION LAST TEN FISCAL YEARS Total Total Building Permits Square No. of Construction Year Issued Footage Value Units Value Value 2012 126 54,250 11,400,000$ 8 2,448,500$ 13,848,500$ 2013 159 217,293 27,121,876 12 9,027,760 36,149,636 2014 156 - 1,500,000 10 13,735,900 15,235,900 2015 153 114,614 14,336,000 10 6,970,000 21,306,000 2016 158 90,309 21,525,147 7 8,551,360 30,076,507 2017 167 60,043 29,298,052 6 18,930,069 48,228,121 2018 164 93,579 37,542,440 20 15,120,198 52,662,638 2019 177 23,276 11,851,054 278 64,258,298 76,109,352 2020 169 36,082 14,430,422 12 10,341,682 24,772,104 2021 208 7,900 1,957,878 20 31,467,170 33,425,048 Source: Town of Avon Community Development Department Commercial Construction Residential Construction 114 TOWN OF AVON, COLORADO FULL-TIME EQUIVALENT EMPLOYEES BY FUNCTION/PROGRAM LAST TEN FISCAL YEARS 2012 2013 2014 2015 2016 General Government Administration 2.75 3.75 4.75 4.75 4.60 Special Events 1.00 1.00 1.00 1.00 1.00 Human Resources 2.00 2.00 2.00 3.00 3.00 Finance 9.00 9.00 9.00 9.00 9.00 Community Development 4.00 3.00 3.00 3.00 3.00 Police 20.00 20.00 20.00 20.00 20.40 Public Works: Engineering 2.00 2.00 2.00 2.00 2.00 Buildings and Facilities 2.75 3.00 3.00 4.00 4.00 Roads and Bridges, Parks 15.25 16.00 14.00 14.00 15.00 Mobility 4.35 4.00 4.00 6.00 6.00 Fleet Maintenance 7.25 8.00 8.00 8.00 8.00 Recreation 9.00 6.00 7.00 9.00 9.00 Total 79.35 77.75 77.75 83.75 85.00 2017 2018 2019 2020 2021 General Government Administration 4.60 5.00 6.00 5.00 6.00 Special Events 2.00 2.00 2.00 1.00 1.00 Human Resources 3.00 3.70 3.70 3.70 3.70 Finance 9.00 10.00 10.00 10.00 9.00 Community Development 3.00 3.00 0.00 3.75 4.00 Police 20.40 21.50 23.30 23.85 24.60 Public Works: Engineering 2.00 2.00 2.00 3.00 3.00 Buildings and Facilities 5.00 5.00 5.00 5.00 6.00 Roads and Bridges, Parks 16.00 15.00 16.00 16.00 16.00 Mobility 6.00 8.00 8.00 8.00 9.00 Fleet Maintenance 8.00 8.00 8.00 8.00 9.00 Recreation 10.00 10.00 10.00 10.00 10.00 Total 89.00 93.20 94.00 97.30 101.30 Source: Town of Avon Budget Full-time Equivalent Employees as of December 31 Full-time Equivalent Employees as of December 31 115 TOWN OF AVON, COLORADO OPERATING INDICATORS BY FUNCTION/PROGRAM LAST TEN FISCAL YEARS 2012 2013 2014 2015 Town of Avon Facilities and Services: Miles of Streets 23.73 23.73 23.73 23.73 Number of Street Lights 632 632 613 619 Culture and Recreation: Miles of Bike/Pedestrian Paths 8.75 8.75 8.82 8.82 Miles of dirt, singletrack trails 0.00 0.00 11.00 11.00 Parks / Lakes 5/1 5/1 5/1 5/1 Park Acreage 672 672 672 672 Tennis/Volleyball /Basketball Courts/Pickleball Courts 4 / 2 / 3 4 / 2 / 3 / 2 4 / 2 / 3 / 2 4 / 2 / 3 / 2 Recreation Centers 1 1 1 1 Softball / Soccer Fields 1 / 2 1 / 2 1 / 2 1 / 2 Playgrounds 4 4 4 4 Performance Art Pavilion 1 1 Police Protection: Number of Stations 1 1 1 1 Number of Police Personnel and Officers 20 20 20 21 Number of Patrol Units 16 16 16 15 Number of Law Violations: General Ordinance Violations 396 207 438 384 Traffic Violations 495 285 372 314 Parking Violations 110 165 366 282 Facilities and Services Not Included in the Reporting Entity: Libraries: Number of Libraries / Volumes 1 / 82,193 1 / 79,405 1 / 80,239 1 / 79,226 Water System: Miles of Water Mains 24.99 24.99 24.99 24.99 Number of Service Connections 3,814 3,831 3,897 3,917 Daily Average Consumption in Gallons 589,567 675,728 706,833 706,833 Maximum Daily Capacity of Plant in Gallons 10MGD 10MGD 10MGD 10MGD Sanitary Sewer System: Miles of Sanitary Sewers 33.44 33.44 33.44 33.44 Number of Treatment Plants 1 1 1 1 Number of Service Connections 3,953 3,969 4,038 4,086 Maximum Daily Capacity of Treatment Plant in Gallons 4.3MGD 4.3MGD 4.3MGD 4.3MGD Education: Number of Elementary Schools / Instructors 1 / 23 1 / 27 1 / 25 1 / 27 Fire Protection: Number of Stations 8 5 5 5 Number of Fire Personnel and Officers 55 66 64 67 Number of Calls Answered 2,089 2,244 2,357 636 Number of Inspections Conducted 190 154 154 122 Fiscal Year 116 2016 2017 2018 2019 2020 2021 23.73 23.73 23.73 23.73 23.73 24 634 646 646 666 699 699 9.32 9.32 9.36 9.44 9.51 9.51 11.00 11.00 11.00 11.00 11.00 11.00 5/1 5/2 5/2 5/2 5/2 5/2 672 672 672 672 672 672 4 / 2 / 3 / 2 4 / 2 / 3 / 2 4 / 2 / 3 / 2 4 / 2 / 3 / 2 4 / 2 / 3 / 2 4 / 2 / 3 / 2 1 1 1 1 1 1 1 / 2 1 / 2 1 / 2 1 / 2 1 / 2 0 / 2 4 4 4 4 4 4 1 1 1 1 1 1 1 1 1 1 1 1 23 23 23 22 23 23 15 15 15 15 15 17 419 91 118 82 52 51 543 446 142 226 208 295 234 147 59 160 157 148 1 / 77,490 1 / 78,779 1 / 77,137 1 / 75,963 1 / 77,318 1 / 78,880 24.99 24.99 24.99 24.99 24.99 24.99 3,917 3,980 3,980 4,019 4,267 4,323 709,478 712,521 718,731 725,684 698,030 744,896 10MGD 10MGD 10MGD 10MGD 10MGD 10MGD 33.44 33.44 33.44 33.44 33.44 33.4 1 1 1 1 1 1 4,086 4,118 4,118 4,157 4,405 4,449 4.3MGD 4.3MGD 4.3MGD 4.3MGD 4.3MGD 4.3MGD 1 / 47 1 / 62 1 / 44 1 / 39 1 / 36 1 / 36 6 6 5 5 5 5 68 68 70 70 68 67 670 644 554 564 2,518 634 175 179 166 134 127 141 Fiscal Year 117 SINGLE AUDIT 118 TOWN OF AVON, COLORADO NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS YEAR ENDED DECEMBER 31, 2021 Note 1. General The accompanying schedule of expenditures of federal awards (the Schedule) includes the federal award activity of the Town of Avon under programs of the federal government for the year ended December 31, 2021. The information in this Schedule is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Because the Schedule presents only a selected portion of the operations of the Town of Avon, it is not intended to and does not present the financial position, changes in net position, or cash flows of the Town of Avon. Note 2. Summary of Significant Accounting Policies Expenditures reported on the Schedule are reported on the modified accrual basis of accounting. Such expenditures are recognized following the cost principles contained in the Uniform Guidance, whereas certain types of expenditures are not allowable or are limited as to reimbursement. Note 3. Sub-recipients The Town of Avon did not provide any federal funds listed in the Schedule of Expenditures of Federal Awards to sub-recipients. Note 4. Indirect Facilities and Administration Costs The Town of Avon did not elect to use the 10% de minimus cost rate allowed in Title 2 U.S. Code of Federal Regulations (CFR) Part 200.414, Indirect (F&A) costs. 119 McMahan and Associates, l.l.c. Certified Public Accountants and Consultants Web Site: www.mcmahancpa.com Chapel Square, Bldg C Main Office: (970) 845-8800 245 Chapel Place, Suite 300 Facsimile: (970) 845-8108 P.O. Box 5850, Avon, CO 81620 E-mail: mcmahan@mcmahancpa.com Member: American Institute of Certified Public Accountants Paul J. Backes, CPA, CGMA Avon: (970) 845-8800 Michael N. Jenkins, CA, CPA, CGMA Aspen: (970) 544-3996 Matthew D. Miller, CPA Frisco: (970) 668-3481 M & A INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Honorable Mayor and Town Council Town of Avon, Colorado We have audited, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of Town of Avon, Colorado (the “Town”) as of and for the year ended December 31, 2021, and the related notes to the financial statements, which collectively comprise the Town’s basic financial statements and have issued our report thereon dated July 20, 2022. Internal Control Over Financial Reporting In planning and performing our audit on the financial statements, we considered the Town’s internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Town’s internal control. Accordingly, we do not express an opinion on the effectiveness of the Town’s internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent,or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the Town’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe that a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. 120 INDEPENDENT AUDITOR'S REPORT To the Town Council Town of Avon, Colorado Compliance and Other Matters As part of obtaining reasonable assurance about whether the Town’s financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Town’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Town’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose. McMahan and Associates, L.L.C. Avon, Colorado July 20, 2022 121 McMahan and Associates, l.l.c. Certified Public Accountants and Consultants Web Site: www.mcmahancpa.com Chapel Square, Bldg C Main Office: (970) 845-8800 245 Chapel Place, Suite 300 Facsimile: (970) 845-8108 P.O. Box 5850, Avon, CO 81620 E-mail: mcmahan@mcmahancpa.com Member: American Institute of Certified Public Accountants Paul J. Backes, CPA, CGMA Avon: (970) 845-8800 Michael N. Jenkins, CA, CPA, CGMA Aspen: (970) 544-3996 Matthew D. Miller, CPA Frisco: (970) 668-3481 M & A INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE FOR EACH MAJOR FEDERAL PROGRAM AND ON INTERNAL CONTROL OVER COMPLIANCE REQUIRED BY THE UNIFORM GUIDANCE To the Honorable Mayor and Town Council Town of Avon, Colorado Opinion on Each Major Federal Program We have audited Town of Avon, Colorado’s (the “Town”) compliance with the types of compliance requirements described in the OMB Compliance Supplement that could have a direct and material effect on each of the Town’s major federal programs for the year ended December 31, 2021. The Town’s major federal programs are identified in the summary of auditor’s results section of the accompanying schedule of findings and questioned costs. In our opinion, the Town complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended December 31, 2021. Basis for Opinion on Each Major Federal Program We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America (GAAS); the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States (Government Auditing Standards); and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Our responsibilities under those standards and the Uniform Guidance are further described in the Auditor’s Responsibilities for the Audit of Compliance section of our report. We are required to be independent of the Town and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on compliance for each major federal program. Our audit does not provide a legal determination of the Town’s compliance with the compliance requirements referred to above. Responsibilities of Management for Compliance Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules and provisions of contracts or grant agreements applicable to the Town’s federal programs. 122 INDEPENDENT AUDITOR’S REPORT To the Town Council Town of Avon, Colorado Auditor’s Responsibilities for the Audit of Compliance Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurred, whether due to fraud or error, and express an opinion on the Town’s compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements referred to above is considered material, if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the Town’s compliance with the requirements of each major federal program as a whole. In performing an audit in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance, we: Exercise professional judgment and maintain professional skepticism throughout the audit. Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the Town’s compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances. Obtain an understanding of the Town’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of the Town’s internal control over compliance. Accordingly, no such opinion is expressed. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit. Report on Internal Control Over Compliance A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program or on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charges with governance. Our consideration of the internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed. 123 INDEPENDENT AUDITOR'S REPORT To the Town Council Town of Avon, Colorado The purpose of this report in internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of Uniform Guidance. Accordingly, this report is not suitable for any other purpose. McMahan and Associates, L.L.C. Avon, Colorado July 20, 2022 124 Town of Avon, Colorado SCHEDULE OF PRIOR AUDIT FINDINGS AND QUESTIONED COSTS For the Year Ended December 31, 2021 Part I –Summary of Auditor’s Results Financial Statements: Type of auditor’s report issued Unmodified Internal control over financial reporting: Material weakness identified None noted Significant deficiency identified None noted Noncompliance material to financial statements noted None noted Federal Awards: Internal control over major programs: Material weakness identified None noted Significant deficiency identified None noted Type of auditor’s report issued on compliance for major programs Unmodified Any audit findings disclosed that are required to be reported in accordance with Title 2 U.S. Code of Federal Regulations Part 200 No Major programs: 2021 CARES Act 5311 CRRSAA ALN 20.509 Dollar threshold used to identify Type A from Type B programs:$750,000 Identified as low-risk auditee Yes Part II –Findings Related to Financial Statements Findings related to financial statements as required by Government Auditing Standards None noted Auditor-assigned reference number Not applicable Part III –Findings Related to Federal Awards Internal control findings None noted Compliance findings None noted Questioned costs None noted Auditor-assigned reference number Not applicable There were no findings for the fiscal year ended December 31, 2020. 125 TOWN OF AVON, COLORADO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS FOR THE YEAR ENDED DECEMBER 31, 2021 Federal Grantor / Pass Through Federal Federal Grantor / Program Or Cluster Title CFDA #Expenditures U.S. Department of Justice Bulletproof Vest Partnership Program 16.607 4,128$ Total U.S. Department of Justice 4,128 U.S. Department of Transportation Passed Through Colorado Department of Trasnportation: Formula Grants for Rural Areas Program 20.509 245,980 Formula Grants for Rural Areas Program - 2020 CARES Act 5311 Operating Award 21.509 967,643 Total U.S. Department of Transportation 1,213,623 Total Expenditures of Federal Awards 1,217,751$ The accompanying notes are an integral part of this schedule. 126 970-748-4083 clin@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Charlotte Lin, Sustainability Coordinator RE: Analyzing Recycling Ordinances DATE: July 22, 2022 SUMMARY: In response to Department Goals 2022 #8 and #11, this report aims to provide (1) a comprehensive review of the current state of waste management at the Town of Avon, (2) an analysis of recycling ordinances from the cities and counties in Colorado with the best waste diversion rates, and (3) a draft of a recycling ordinance that the Town of Avon may adopt. The purpose of the work session is to seek direction from Council to develop a Recycling Ordinance for the Town of Avon. BACKGROUND: Currently, the Town of Avon does not have policy regarding recycling for residents and visitors. It does, however, have a commitment to uphold the Climate Action Plan (CAP) developed by Eagle County, which includes increased waste diversion and recycling as a category of greenhouse gases (GHG) reduction. Specifically, the CAP has high-priority waste management goals of (1) diverting 80% of organics currently landfilled by 2030, (2) diverting 100% of all recoverable construction & demolition (C&D) waste from the landfill by 2030, (3) diverting yard waste from landfill by 2030 and (4) diverting cardboard from landfill. The CAP also suggests other waste-related strategies such as supporting sustainable purchasing policies, implementing a pay-as-you-throw model, and giving extra support for multi-family buildings which often face additional waste challenges. In 2021, Eagle County as a whole reported a 33% municipal solid waste (MSW) Recycling Rate and a 29% Diversion Rate (Attachment 1). Recycling, organics, and e-waste diversion all increased over 2020, leading to a 2% increase in recycling rate to 33% (beating the national average of 32%). The overall diversion rate went down to 29%. However, overall waste generated increased by almost 5%. This increase in waste generation was partly due to the COVID-19 pandemic, which contributed a lot of single-use materials. In Eagle County, each trash service provider has slightly different materials accepted for recycling, and there are different rules for single-stream versus dual-stream sorting. This lack of uniformity across Eagle County may be an issue to look into. To put Eagle County’s 33% recycling rate and the 29% diversion rate in perspective, Colorado’s 2020 statewide recycling rate was just 15%, less than half the national rate of 32%. The recycling rate for plastics was even worse than the state average, with only 9% of plastic containers and packaging recycled statewide. In total, Coloradans buried over 5,900,000 tons of materials in the state’s landfills in 2020, which accounted for 84.7% of all waste created (Attachment 2). As a reference, the Climate Action Collaborative’s Recycling Guide suggests that 81% of waste could potentially be diverted from landfill. Even though our state's recycling rate is only 15%, Colorado's recycling and composting efforts saves a lot of greenhouse gas emissions – the equivalent of taking 400,000 cars off the road each year. This is a great start and as we grow our recycling economy with infrastructure and policies, we will see even more substantial reductions of climate pollution. This also serves as a reminder that recycling is not only about keeping materials out of landfills but is also a very important climate solution. Page 2 of 10 ANALYSIS: The State of Waste Management in Avon Avon is doing well in these areas: • Avon has a community recycling center at Lot 5 (375 Yoder Avenue). It is operated by Eagle County and managed by Avon Public Works. The types of materials collected at the Avon location include: (1) co-mingle items including all colors of glass, aluminum, steel and tin cans, plastic containers No. 1 to No. 7 that are rinsed and empty, (2) corrugated cardboard and paperboard that have been flattened, (3) paper items including newspaper, office paper, magazines, junk mail, envelopes, soft cover books and phone books with spiral removed and (4) fabrics and textile recycling through USAgain. • For organic waste, Avon also has a yard waste drop-off site at Lot 5. Users can also drop off food waste if they subscribe to access the compost container at Lot 5 via Vail Honeywagon. Avon offered curbside Christmas tree pick-up for residents. • In October of 2017, the Town Council adopted Ordinance 17-08, which promoted the use of reusable bags by prohibiting disposable plastic bags and requiring a charge for the use of disposable paper bags at grocers and other retailers which would help address the environmental and health problems associated with such use. • In July of 2021, the Town Council adopted Ordinance 21-05, which restricted the use by food vendors of polystyrene foam disposable food service ware, due to its negative environmental impacts and difficulty of recycling. • Public interest around additional waste diversion efforts is very strong in Avon. Based on the Climate Action Question in the 2021 Community Survey, 25 comments mentioned desire and support for (1) more recycling receptacles, (2) composting, (3) making recycling easy and mandatory, (4) more education on recycling of all materials, (5) working with HOAs and rental properties on recycling, (6) more serious commitment to recycling, and finally, (7) adopting a recycling ordinance. • The Special Events department has successfully achieved 84% of waste diversion at Town of Avon events. • The Town’s current compost hauler, Evergreen ZeroWaste, accepts both food and yard waste in the same compost bin. Evergreen ZeroWaste provides composting hauling service for Town facilities such as Town Hall, Rec Center, Police Department and at Nottingham Park in the summer. City Market, Eagle River Water & Sanitation District and Colorado Mountain College in Edwards also use EverGreen ZeroWaste for composting. Avon may benefit from changes in these areas: • There’s no requirement of recycling at single-family homes, multi-family residences or businesses. • The cost for recycling is not included in the resident’s utility bills. • Avon does not currently host any town-wide recycling collection events. Avon had done this before but stopped due to cost. Future events that focus on e-waste could be arranged. • While we do have composting hauler service (Evergreen Zerowaste), the composting is shipped to and processed in Pitkin County. Alternatively, Vail Honeywagon operates a local composting program in Eagle County. Working with Eagle County government to develop a more uniform and consistent recycling and composting program locally would be the best scenario. Page 3 of 10 • A main challenge that Avon might have with implementing a new recycling program is that some businesses will likely complain. Therefore, developing an effective community outreach and education program will be important. • Only the Special Events department has existing policy to prohibit single-use plastic usage at Town events; similar policies could be implemented for both Town employees and facilities year-round. • Public Works is currently experimenting bio-char production as a way to reduce yard waste, but they have indicated that they need more support in terms of knowledge, techniques and potentially equipment. • In the last two years, Avon has spent $40,000 to install du al trash receptacles with recycling at every trash can location in Town. At the moment, there are no other capital projects pertaining to recycling, composting or waste diversion that Avon is looking to fund in the next 1 -3 years. A priority area of investment would be to upgrade our Community Recycling Center at Lot 5 or find a permanent location for this facility. The future Public Works operations on this site will likely make a Community Recycling Center infeasible in this location. • Based on Staff input, good education topics that could assist future waste diversion efforts are (1) composting, (2) the “why” behind recycling, (3) where the waste goes, (4) proper ways to recycle chemical containers and other hard-to-recycle materials, and (5) how to communicate with residents and visitors about recycling. • Avon does not currently have specific goals regarding waste diversion, such as those in the CAP. We also lack our own baseline to measure our waste diversion effort. A main reason for this is that we do not currently require hauler reporting from our haulers: Vail Valley Waste, Vail Honeywagon and Waste Management. Hauler reporting will allow Avon to receive data such as tonnage of recycling and waste, hence creating an Avon-specific waste report separate from the entire Eagle County data. • There is a lack of comprehensive information related to waste management for Town Employees. Staff is working on creating a complete resource of the waste management process. • Avon recreation center has expressed desire to improve patron, youth and staff education around recycling and composting. Avon stands to make a significant contribution to the overall success of Eagle County’s Climate Action Plan through a recycling ordinance that would address areas of improvements. The following analysis of recycling ordinances from Colorado’s most successful cities and towns, as well as our peer communities, provides insights to draft the Town of Avon’s own recycling ordinance. An Analysis of Recycling Ordinances from Colorado Communities The analysis (Attachment 3) provides summaries of waste management ordinances practiced by the top- ranking cities in Colorado for waste diversion (attachment 2) as well as Avon’s peer communities. These leading Colorado communities recover up to 65% of their discarded materials, demonstrating that recycling and composting can be successful solutions for Colorado to reduce climate emissions, create green jobs, and conserve natural resources. The summaries are accompanied by comments made by the respective city officials. Page 4 of 10 Key Findings: Best Practices for Increasing Waste Diversion 1. Universal Recycling Requiring all commercial and residential premises to recycle and/or compost means that local government or contractors must provide recycling and composting services to all customers. In Avon, we may also provide free additional recycling at Lot 5, even though this may lower the chance of compliance. In Summit County’s new county-wide recycling ordinance, Universal Recycling is applied to businesses, HOAs and multi-family residents who use dumpsters for their trash services. Alternatively, "universal roll-out" can be provided, meaning that recycling, composting and waste bins and services are provided to all customers, rather than having separate recycling and compost collection service subscription from trash collection. Local governments c an also require service providers to offer recycling and composting services to all garbage customers as a condition of providing services. Boulder’s Universal Zero Waste Ordinance is not only successful but also cited by the Environmental Protection Agency as a case study for best practice. 2. Pay-as-You-Throw (PAYT) Communities with the best diversion rates consistently practice PAYT waste management policies, which charge residents based on the volume of trash and recycling they produce . This pricing model often bundles recycling together with trash, effectively offering recycling for free. PAYT is also an equitable solution as it allows households that produce less waste to pay less for waste services, hence giving residents control over monthly bills and incentivizing more recycling and less trash. PAYT programs are in place in more than 7,500 communities in the US; examples of Colorado communities that practice PAYT are in this chart below. Conclusion: In Colorado, Communities that have both universal recycling and PAYT programs consistently rank the highest in waste diversion success, including Vail, Durango, Aspen, Pitkin County, Carbondale, Boulder, Ft. Collins, Golden and more. Many of these communities have waste diversion rates between 30 and 35%, as a result of PAYT and Universal Recycling programs. Vail has nearly doubled its recycling rate, from 19% to 2009 to 35% in 2021, since the introduction of both policies in their community- wide recycling ordinance. Many Colorado communities who implement both PAYT and universal recycling still retain their free community recycling centers in order to provide additional sites for recycling glass, cardboards, and food waste – all of which further reduce trash being landfilled. Page 5 of 10 AT THE STATE LEVEL: PRODUCER RESPONSIBILITY POLICY On March 31, House Bill 22-1355: Producer Responsibility Program For Recycling was introduced in to the Colorado State Legislature. This bill would help the make recycling more affordable and accessible to residents living in Colorado. By holding large producers responsible it would increase funding to local recycling programs, incentivize the use of more sustainable packaging and increase support for much needed recycling infrastructure and services throughout the state. Producer responsibility will fund recycling in rural and mountain areas to ensure equitable access. Recycling in Colorado’s mountain and rural areas is often significantly more expensive than in the Front Range, which makes it more challenging to provide and financially sustain these programs. A producer responsibility system will provide sufficient and ongoing funding to support drop-off and/or curbside recycling in rural and mountain areas. A producer responsibility program may also help cover transportation costs, alleviating one of the major financial barriers to recycling in rural communi ties. In addition, it could help develop greater regional coordination to increase efficiencies in transportation or to build more regional recycling centers or transfer stations. The Colorado Producer Responsibility for Recycling Act, HB22-1355, passed the Colorado Legislature on Wednesday, May 11th, making Colorado the first state in the country to create a fully producer-funded and operated statewide recycling system for all consumer-facing packaging and printed paper. The Final Act of the Bill was released on May 31st and was signed into law by Governor Polis on June 3rd, 2022. DRAFT ORDINANCE A draft of the ordinance has been prepared (Attachment 4). This ordinance covers (1) recycling requirements for three types of customers (residential, multi-family, and commercial) and (2) hauler requirements. This ordinance provides a starting point for the Town of Avon to tackle the massive and complex issue of waste management. A list of other waste management topics to be discussed in the future is also provided below. Recycling Requirements • PAYT for residential households with individual trash carts • Self-haulers are exempt but should provide proof of recycling • Universal recycling requirements for multi-family households and commercial entities with shared trash containers • Variances for hardship conditions and low-income residents/businesses Hauler Requirements Summary • Registration with the Town • Bi-annual reporting • Assistance with enforcement and education • Offering 3 different sizes of bins Page 6 of 10 Administrative Needs This section includes outreach (haulers and customers) and a rough plan for implementation. Outreach: Haulers Waste haulers who service the Avon area were interviewed regarding any financial implications, enforcement concerns, and general input for our proposed Recycling Ordinance. Questions Vail Valley Waste (VVW) Vail Honeywagon (VH) Waste Management (WM) Would requiring recycling increase cost for customers? • Yes - recycling will increase cost for all residents. The option to pay for curbside recycling is available but VVW makes active recommendations for residents to use free recycling at Lot 5. • Haulers are also increasing costs later this summer due to labor cost. Yes - Enforcing required recycling would probably double the cost. Costs vary on size of container, number of times per week picked up, types of residences, etc. • Yes – additional recycling would cost more but not significant. The additional cost would only apply to people who are not currently participating. • Bundled (trash + recycling) discounts are available. What are the prices? NOTE: a special bundled price is offered in Vail. The bundled price is confidential but is lower than the individual prices reported. Due to the requirements In Vail, VVW offers weekly trash & recycle pickup for $176 per quarter for residential homes. The cost is $133 in Avon because it’s bi-weekly recycling instead of weekly here (with weekly trash). Bi-weekly recycling allows better pricing for residents and less driving through residential streets. The cost for trash only is $108. VH Recycling cost for a single-family home: Size of container: 96 gallon ($43), 64 ($33), 32 ($27)/quarter. Number of times per week: every other week, $43/quarter for the regular 96 gallon containers Composting: 39/quarter; composting drop sites available throughout the valley. Recycling is included in the trash collection as a bundled price; choosing not to recycle does not lower the price. Both cans are 96 gallon (cannot choose size). Bear- proof cans are not required but are available. Regular: quarterly $167.57 Bear-proof: quarterly $205.47 Trash weekly, recycling is bi- weekly. What are your thoughts about requiring The Avon area has a really good buy-in already. People genuinely care, so there might not be a need for “requirement”. 90% of the homes in the Avon/Eagle Vail area already recycle, through all trash hauling companies and or the recycle center. Recycling costs have increased over the years as has fuel and WM recommends Universal recycling with Pay-as-You- Throw tiers. Pay-as-You- Throw: bins available 96/64/32. Page 7 of 10 recycling in Avon? materials. 80% of the commercial accounts also recycle. This model is becoming more and more common: Denver just passed an ordinance for pay-as-you-throw on June 28th, 2022. What are some equity concerns you might have? VVW encourages us to consider the price- sensitivity of people, even at multi-family homes. As your residents, financial is always a concern, which this is why many use the recycle drop site. Charging an administrative fee to help administer the cost of the program. Use that fee that subsidize low-income families. (Evans, CO for example). Need to work it out with Town Attorney. Gunnison, Fort Collins, Greeley offer free public drop sites – drop sites need to be staffed and monitored to reduce illegal dumping. Optional recycling at the drop site is difficult to monitor, even if it’s free for residents. How can you help with enforcement? In Avon, VVW adds yellow tags to recycling bins to mark contamination, if there is any. This usually means that the recycling is in plastic bags or that trash got mixed in with the recycling. However, VVW does not report these incidents to any municipalities because their customers are always communicative and are willing to remedy the situation so that their recycle can be picked up again. VH takes pictures of all contaminated recycling and send them to the decision maker. VH can help with the education to their residents, yet also charge them for the contamination. Contamination means plastic bags in the recycling. The charge for contamination is $11. This kind of enforcement is already done in both Vail and Avon. VH maintains that they are not code enforcers. The biggest part they can help with is Education, Community outreach and engagement. For enforcement, they offer minor assistance like leaving tags. A new technology and program called Smart Truck can detect contamination. Contamination gets warnings for the first time and after that a charge that is reflected in the bills. What are your recommendations for recycling success? Disconnect: all curbside recycling is single-stream recycling but may lead to more waste; but eagle county is dual-stream (Material Reclamation Facility). All haulers ship their recycling to Denver (GFL). VH strongly recommended against requiring people to purchase bear-resistant bins because they are very cost prohibitive ($250 for new bins). City-hauler relationship: working together, talking to haulers, maintaining open communication. Waste Management has invited us to visit the Recycle facility in Denver. Page 8 of 10 How would you work with the Town of Avon on reporting? Vail Valley Waste has a specific person (Byron) working with Vail on the reporting. VH would have to do this street by street as most of the single-family homes are Eagle Vail, Beaver Creek, Wildridge and Mountain star. TOA would need to provide VH a list of the streets we would like in this report. The cost for reporting is $750.00 for each report. Most of the residents are HOA complexes. Tracking is available for Avon and diversion reports can be provided. Tracking and reporting is challenging but doable. Other Types of Outreach • Informational Letters to businesses and HOAs. • Physical outreach (businesses, restaurants, grocery stores, multi-family homes, etc.) • Public Forums & Comments • Press Releases • Website, Social Media and Newspaper Ads • Physical promotional and educational materials; for example, flyers, fridge magnets, stickers, etc. Implementation Ordinance adoption is planned for Q3 of 2022 (effective date to be determined). Staff will focus on: • creating outreach materials and conducting the outreach as outlined above • analyzing outreach results such as public comments • creating an education-focused enforcement plan based on outreach results • drafting a waiver form for low-income residents and businesses • facilitating any necessary changes to hauler licensing applications and reporting forms • preparing an educational campaign (potentially with Walking Mountains). See more below. Staff time will be substantial with this project, including potentially hiring an intern and contractors to produce outreach materials. The overall timeframe for a complete implementation of this program can begin in a few months and finish in 1-2 years. Educational Campaign Educational and promotion materials will be designed and used to (1) raise awareness of the free recycling drop site and encourage usage and (2) help multi-family accommodations and vacation rentals users become more successful at recycling. Consistent information will be added to both the TOA official website and tourism website. In the past, Vail has contracted Walking Mountains to conduct educational campaigns for Vail residents. The campaigns were well-received. In the recent Frisco Recycling Ordinance, HC3 and Town Staff intends to take an “education-first” approach with enforcement by the Town only applied if education fails after several attempts. Financial Implications Financial implication for residents and customers is nominal and may even decrease with the proposed Page 9 of 10 ordinance. When working with a recycling ordinance, haulers can typically provide a bundled service, including both trash and recycling, that is a better deal than subscribing both services separately. The PAYT structure also allows customers to control their spending on waste services. Topics for Future Reports Staff will continue to research the large and complex field of waste management and bring more proposals to future Council meetings. Some priority directions include: (1) Composting More than 1/3 of what we landfill each year is food scraps, grass clippings, leaves, branches and other organic materials. Composting’s ability to sequester carbon is also a proven climate solution. Composting is growing around the state that actually increased fivefold in the last 10 years . The Colorado Department of Public Health and Environment is working towards a statewide organics management plan to really drive new programs and infrastructure. Pitkin County’s success with their composting program can inform Eagle County’s own composting development. (2) Education Campaign for Recycling at Multi-Family and Accommodations Properties Research by General Government Intern Emily Myler shows that many multi-family properties in Avon already have recycling, but most of them struggle with implementation. With the introduction of this recycling ordinance, Staff will be designing educational and outreach campaign specifically to help multi-family residents and HOAs to achieve recycling success. We recommend leveraging Walking Mountains for campaign as well . (3) Styrofoam Recycling Foam Cycle is a new service in Colorado that helps reduce the amount of Styrofoam packaging that goes to landfills. With the Foam Cycle system, foam collected will be densified on site and reduced in size at a ratio of 90-1 by removing 98% of the air that makes up Foam Packaging. The leftover 2% residual material from this process is pure polystyrene plastic called a foam ingot. (4) Reduction as a Foundation First, the 2021 Waste Report shows that while we are making progress regarding waste management, the actual waste production is almost offsetting our reduction efforts. The COVID-19 pandemic has also been attributed as a main reason for the increase in waste and decrease in recycling. It is clear from our data that our limited waste management technologies struggle to keep up with our waste production. If we continue producing waste in the same way, our waste management will struggle to achieve the goals we have set through the CAP. Secondly, landfills are fast reaching capacity – Pitkin County Landfill has 5-10 years left and Summit County Landfill is projected to close in 2056. While Eagle County Landfill has more than 100 years left, it is expected that neighboring counties will ship their waste here once their landfills close. Globally, there are no adequate solutions for trash management when all the landfills are filled. Therefore, reduction of waste production is fundamental as we continue to develop our waste management technologies. Some of these technologies can also be cost-prohibitive. Reducing waste starts with a change in consumer’s shopping behaviors, as well as the producer’s methods of making and packaging everything. With so many interconnecting pieces, it is important to approach the waste problem with a systemic view. (5) Plastic Recycling Rate The big issue with plastic recycling is its low recycling rate (5-10% in the US). Unfortunately, this low number leads to the common belief that plastic recycling is a “scam”, which in turn promotes behaviors such as not reducing plastic usage or not putting plastics in recycling. Transparency is our recycling process in Eagle County, as well as more education and outreach, could help increase faith and trust of the public for plastic recycling. Research on innovations around the world for dealing with plastic waste could be helpful too. Page 10 of 10 (6) Upgrade & Renewal of the Avon Recycling Center Avon’s Recycling Center (Lot 5) is the last municipal recycling center in Eagle County to be upgraded, according to Eagle County Solid Waste and Recycling Manager Jesse Masten. Lot 5 is currently not in great condition compared to other community recycling drop sites. The first step to upgrade Lot 5 would be to work with Eagle County to upgrade the receptacles. Additional renewal steps that can be considered would be paving, landscaping, and art projects such as art murals around it. For example, The Town of Snowmass Village has a Trash Art Project. Locating a central, easily accessible, permanent site will be essential as Lot 5 will likely be maximized with Public Works facility. FINANCIAL CONSIDERATIONS: Potential areas of financial considerations include: • educational and promotional campaigns (creating physical materials, website, social media ads, press releases, etc.) • outreach (potentially hiring extra help) • reporting from hauler (Vail Honeywagon charges for reports) • incentives and subsidies • purchasing new bins • recycling center upgrade RECOMMENDATION: From the analysis of the current state of waste management in Avon, it is clear that there are multiple areas of improvement. Adopting a recycling ordinance will be a solid first step to create a baseline for improving the state of waste management in Avon. I recommend Town Council direct staff to 1) provide direction on appropriateness of requiring all citizens or only multi -family and commercial developments, 2) provide outreach regarding a potential recycling ordinance, 3) introduce first reading of an ordinance in 4th quarter of 2022. OPTIONS: 1. No action. 2. Direct Staff to introduce first reading of the Recycling Ordinance with modifications. Thank you, Charlotte ATTACHMENTS: Attachment 1: Eagle County Waste Diversion Report 2021 Attachment 2: 2021 State of Recycling and Composting in Colorado Report Attachment 3: Analysis of Recycling Ordinances in Colorado Attachment 4: Town of Avon’s Recycling Ordinance NO. 22-14 (Draft) Attachment 5: Vail Recycling Ordinance 6 (2014) § 1 Attachment 6: Summit County Ordinance as adopted by Frisco (2022) Recycled Material (Residential & Commercial)2010 Tons 2011 Tons 2012 Tons 2013 Tons 2014 Tons 2015 Tons 2016 Tons 2017 Tons 2018 Tons 2019 Tons 2020 Tons 2021 Tons MSW Recycled Residential and Commercial ab 4,188 7,036 7,595 8,284 9,535 13,683 11,735 10,743 14,006 13,711 16,544 17,108 Organics c 5,907 4,231 3,856 4,808 6,432 4,798 5,134 4,175 4,007 5,656 7,522 8,307 Ewaste d 34 55 60 102 125 138 130 144 101 108 100 104 ---------- Total MSW Recycled 10,129 11,322 11,510 13,194 16,092 18,619 16,998 15,061 18,114 19,475 24,166 25,519 Total MSW Disposed e 58,547 47,472 47,336 46,246 48,693 50,549 51,430 52,676 51,583 50,904 53,995 52,600 Total MSW Generated 68,676 58,794 58,846 59,440 64,785 69,168 68,428 67,737 69,697 70,379 78,161 78,119 MSW Recycling Rate f 14.7%19.3%19.6%22.2%24.8%26.9%24.8%22.2%26%28%31%33% Diverted Materials (Industrial)2010 Tons 2011 Tons 2012 Tons 2013 Tons 2014 Tons 2015 Tons 2016 Tons 2017 Tons 2018 Tons 2019 Tons 2020 Tons 2021 Tons Diverted Materials (non-MSW)855 1,595 2,669 1,583 1,734 521 96 92 4,159 2,863 22,402 21,001 Total Recovered Material (Residential, Commercial, and Industrial) g 10,984 12,917 14,179 14,777 17,826 19,140 17,094 15,153 22,273 22,337 46,568 46,520 Total Solid Waste Disposed 86,988 82,539 68,480 69,552 78,862 78,505 82,770 84,022 107,736 92,130 109,319 116,028 Total Solid Waste Generated 97,972 95,456 82,659 84,329 96,688 97,645 99,863 99,175 130,009 114,467 155,887 162,548 Diversion Rate 11.2% 13.5% 17.2% 17.5% 18.4% 19.6% 17.1% 15.3%17% 20%30%29% Eagle County Diversion Rates 2021 Eagle County Diversion Report a Includes: Glass, Plastics #1 - #7, OCC, ONP, OP, steel, tires, aluminum, soft plastics b Sources: Vail Resorts, Waste Management, Vail Valley Waste, Honeywagon, Costco & City Market, Eagle County MRF, Eagle County Landfill, Trinity c Sources: Honeywagon, EverGreen Zero Waste, The Community Market, TOV, TOA, Grub Dump, Eagle County Landfill d Sources: Eagle County HHW, ERI, Metech, Blue Star, G & S Recycling e Total MSW disposed is total landfill tonnage minus diverted materials and industrial (C&D) waste f Total MSW recycled/total MSW generated gTotal MSW recycled + total industrial diverted Attachment 1 Diverted Material Recycled Material Trends 2021 Eagle County Diversion Report Estimated Emissions Reduction using EPA Waste Reduction Model (WARM) Based on the tonnage of waste diverted from the landfill through recycling, composting, and other diversion outlets, approximately 86,111.63 MTCO2E (metric tons of carbon dioxide equivalent) were avoided. That is equivalent to: 20212021 FT COLLINS LOVELAND BOULDER LOUISVILLE LONGMONT GOLDEN LYONS GREENWOOD VILLAGE DENVERARVADA WESTMINSTER SUPERIOR LONE TREE NORTHGLENN COMMERCE CITY GUNNISON ASPEN VAIL FRUITA DURANGO GRAND JUNCTION COLORADO SPRINGS PUEBLO MONTROSE ALAMOSA RECYCLING & RECYCLING & COMPOSTINGCOMPOSTING THE STATE OF IN COLORADO 5th edition Attachment 2 2021 STATE OF RECYCLING & COMPOSTING IN COLORADO 5th annual report VIEW THE REPORT ONLINE AT WWW.ECOCYCLE.ORG/ZEROWASTECOLORADO Authors Rachel Setzke and Kate Bailey, Eco-Cycle Eco-Cycle is a Zero Waste pioneer and one of the nation’s oldest and largest nonprofit recyclers. Eco-Cycle innovates, implements, and advocates for local and global Zero Waste solutions to foster a more regenerative, equitable, and climate-resilient future. For more information visit www.ecocycle.org Danny Katz, CoPIRG CoPIRG, the Colorado Public Interest Research Group, is a nonprofit, nonpartisan public interest advocacy group with thousands of dues-paying members across the state. For more information visit www.copirg.org Table of Contents EXECUTIVE SUMMARY 5 COLORADO IS NOT MOVING FAST ENOUGH TO IMPROVE RECYCLING AND COMPOSTING 5 PRODUCER RESPONSIBILITY POLICY WILL TRANSFORM COLORADO’S DISMAL RECYCLING SYSTEM 7 RECYCLING AND COMPOSTING BY THE NUMBERS 11 MUNICIPAL RECYCLING & COMPOSTING LEADERS 14 RECYCLING & COMPOSTING SUCCESS STORIES IN 2020–2021 17 CHALLENGES IN COLORADO 20 RECOMMENDATIONS FOR 2022 22 STATE-LEVEL RECOMMENDATIONS 22 ADDITIONAL STATE-LEVEL RECOMMENDATIONS 24 MUNICIPAL RECOMMENDATIONS 26 CONCLUSION 28 APPENDIX 30 REFERENCES 31 4 5 STATE OF RECYCLING & COMPOSTING IN COLORADO 2021 EXECUTIVE SUMMARY COLORADO IS NOT MOVING FAST ENOUGH TO IMPROVE RECYCLING AND COMPOSTING In the fifth year of the State of Recycling & Composting in Colorado Report, Eco-Cycle and CoPIRG (Colorado Public Interest Research Group) found Colorado is failing to meet its recycling and composting goals and remains one of the 20 most wasteful states.1 In 2020, Colorado’s statewide recycling and composting rate was just 15%, which is less than half the national recycling and composting rate of 32%.2 The recycling rate for plastics was even worse than the state average, with only 9% of plastic containers and packaging recycled statewide.3 In total, Coloradans buried over 5,900,000 tons of materials in the state’s landfills in 2020.4 While the state as a whole is failing to make significant progress to increase recycling and composting, some leading Colorado communities are recovering more than 50% of their discarded materials, demonstrating that recycling and composting can be successful solutions for Colorado to reduce climate emissions, create green jobs, and conserve natural resources. The following communities rank as the top recycling and composting programs in the state with best-in-class policies, programs, and infrastructure that serve as models that can be scaled up statewide to meet Colorado’s recycling and composting goals. RECYCLING 10.8% 1 COMPOSTING 4.5% FIGURE 1. COLORADO’S MUNICIPAL DIVERSION RATE, 2020 LANDFILLED: 84.7% ] 15.3% WASTE DIVERSION 6 FRONT RANGE LEADERS COMMUNITY RECYCLING & COMPOSTING RATE Best citywide—residential and commercial City of Boulder 53% Best residential City of Loveland 58% Best industrial City of Fort Collins 65% Best citywide—residential and commercial City of Aspen, Town of Durango 32% Best countywide —residential and commercial Pitkin County 38% GREATER COLORADO LEADERS 2 Best countywide —residential and commercial Boulder County 43% FIGURE 2. COLORADO’S LEADERS FOR BEST RECYCLING AND COMPOSTING PROGRAMS IN 20205 However, despite these local successes and state and local efforts to increase recycling and composting programs in recent years, it appears the state will fall well short of meeting its 2021 recycling and composting goal of 28%.6 Colorado is also not on track to meet the national goal of 50% waste diversion by 2030.7 While the overall tons of materials recycled and composted has been increasing since the state started tracking waste diversion in 2007, this increase has been nearly the same as the state’s increased rate of population growth.8 This means Colorado is not making any true gains to reduce waste and recover more resources, and is just barely keeping pace with the state’s growing population. After five years of reporting on recycling and composting trends and rates in Colorado, it is clear the state is not moving nearly fast enough to improve recycling and composting rates. Lack of funding is the most commonly cited barrier by municipalities, residents, and businesses, and has resulted in inconsistent, inequitable, and inconvenient access to recycling and composting programs. Additional challenges include low landfill prices that undercut recycling and composting programs, lack of local and regional businesses to buy recycled materials, and the prolific use of nonrecyclable single-use plastics. Together, the lack of statewide progress to overcome these challenges points to the need for bold, game-changing policies and system-wide solutions to modernize and transform Colorado’s recycling and composting systems. By recycling and composting more, Colorado will reduce climate pollution, protect our clean air and water, and create jobs. 7 DIVERSION RATE & GOALS 2020 (actual) 2021 2026 2036 GOAL GOAL GOAL Front Range 16.2% 32%39%51% Greater Colorado 10.6%10%13%15% Statewide 15.3%28%35%45% FIGURE 3. COLORADO IS FAILING TO MEET ITS RECYCLING AND COMPOSTING GOALS 9 PRODUCER RESPONSIBILITY POLICY WILL TRANSFORM COLORADO’S DISMAL RECYCLING SYSTEM The most significant and pressing recommendation to improve recycling in Colorado is a statewide producer responsibility policy for containers, packaging materials, and printed paper. This policy would ensure that every Coloradan has convenient access to recycling the most readily recyclable materials, such as plastic bottles, aluminum cans, glass bottles, cardboard, newspaper, and other printed paper. Producer responsibility policies, often called Extended Producer Responsibility (EPR), are gaining momentum in the US as the most proven and effective strategy to sustainably finance and expand recycling programs to increase recycling rates, reduce plastic pollution, and help curb carbon emissions. Over 150 global companies and leading organizations support producer responsibility policies as the only proven and likely mechanism to provide sufficient, ongoing, and dedicated funding to increase recycling and reduce plastic pollution.10 Over 40 countries have mandatory producer responsibility policies for containers and packaging materials, and Maine and Oregon adopted the first US policies in 2021.11 In addition, producer responsibility is already a proven and successful concept in Colorado. The state has a producer responsibility program for paint that has substantially WHAT ARE CONTAINERS AND PACKAGING MATERIALS? A producer responsibility policy would fund statewide recycling programs for containers, packaging materials and printed paper. This includes plastic, glass, and metal food and beverage containers; cardboard boxes; newspaper, magazines, junk mail, and other printed paper; and other materials used to contain, protect, wrap, present, or deliver products to consumers. In addition, producer responsibility policies can help reduce the amount of nonrecyclable single- use plastics and encourage companies to use less packaging overall and to choose more recyclable, less toxic packaging formats. 3 8 increased paint recycling, provided paint recycling access to 95% of Coloradans, and saved municipalities tens of thousands of dollars per year in recycling and disposal expenses since implementation in 2015.12 A producer responsibility policy is expected to be introduced in Colorado in the 2022 legislative session. This policy is based upon recommendations developed by CDPHE (Colorado Department of Public Health and Environment) and principles developed by consensus within Recycle Colorado, the statewide recycling association, through broad stakeholder engagement with municipalities, container and packaging companies, waste and recycling haulers, nonprofits, and other groups. Eco-Cycle and CoPIRG strongly support a producer responsibility policy for containers, packaging, and printed paper as the highest priority action to fundamentally revamp and expand recycling in Colorado, eliminate unnecessary and wasteful packaging, and reduce plastic pollution and carbon emissions. Increase our recycling rate and reduce climate pollution. Provide all residents with convenient access to recycling in both urban and rural areas, including multifamily residences. Save local governments money by reducing taxpayer spending on recycling. Develop a clear common list of what can be recycled statewide. Create incentives for companies to use more recyclable, less toxic packaging. THROUGH A PRODUCER RESPONSIBILITY PROGRAM FOR CONTAINERS, PACKAGING, AND PRINTED PAPER, COLORADO COULD: Boost local economies by supporting businesses that use our recycled materials to make new products. 9 While a producer responsibility policy is the most significant action for Colorado to adopt in 2022, these complementary state and local actions will further accelerate Colorado’s progress toward meeting the state’s waste diversion goals, reducing climate pollution, and reducing plastic pollution: Leverage state grants to expand recycling and composting programs. Use government purchasing policies to buy recycled or reusable products and local compost. Set construction recycling requirements. Collect recycling and composting data to monitor progress. Provide incentives to reduce waste through volume-based pricing for trash. Launch an end-market development center to attract more recycling businesses to the state. Invest federal stimulus funds to support recycling and composting statewide. Develop a statewide plan to recover more food scraps, yard debris, and other organic materials. Reduce single-use plastic utensils and food service accessories. Adopt a statewide producer responsibility policy for containers, packaging materials, and printed paper. TOP PRIORITY FOR 2022 STATE LEVEL MUNICIPAL AND COUNTY LEVELS RECOMMENDATIONS TO ADVANCE SYSTEMIC CHANGES IN RECYCLING AND COMPOSTING 10 CLIMATE SOLUTIONS Recycling and composting are some of the most cost-effective climate solutions that can be readily adopted at the local and state levels.13 For every one ton of materials we recycle, we save nearly three tons of carbon emissions.14 In 2020, Colorado’s recycling and composting efforts: •Saved enough energy to power nearly 150,000 households for a year.15 •Reduced greenhouse gas (GHG) emissions by over 1.9 million MTCO2e, the equivalent to removing over 407,000 cars from the road annually.16 RECYCLING AND COMPOSTING REDUCE CLIMATE POLLUTION AND BOLSTER LOCAL ECONOMIES 2020 2021 2030 actual CO goal EPA goal GREEN JOBS AND RESILIENT LOCAL ECONOMIES Recycling and composting produce substantial economic benefits for Colorado: •Recycling, reusing, and remanufacturing create more than 86,000 jobs and generate over $8.7 billion in economic benefits in Colorado annually, even with our low diversion rate.17 •Recycling creates nine times more jobs than landfills per ton of material.18 •Increased recycling also means more money returned to our economy. The recyclable materials Colorado landfills every year could have been sold for over $100 million in commodity value.19 These materials are valuable assets that could be sold for profit instead of buried in the ground. •Expanding recycling access would dramatically increase the amount and quality of recycled materials available to local businesses, creating a more reliable, sustainable local supply chain. 4 Recycling rate 15% 28% 50% Reduction in greenhouse gas emissions 1,900,000 3,500,000 6,300,000 Equivalent # of cars removed from road annually 400,000 750,000 1,300,000 Equivalent barrels of oil conserved 2,300,000 4,300,000 7,600,000 Tons of material diverted 1,100,000 2,000,000 3,500,000 FIGURE 4. INCREASING RECYCLING AND COMPOSTING HAS SUBSTANTIAL CLIMATE BENEFITS20 11 RECYCLING AND COMPOSTING BY THE NUMBERS Colorado continues to landfill more and recycle less than its peer states and the national average. In 2020, the state recycled just 15.3% of its municipal solid waste, less than half the national average of 32%.21 This was down slightly from 15.9% in 2019.22 Residents and businesses did produce slightly less waste in 2020 due to the pandemic and the economic slowdown; this is consistent with a slight decline in landfill volumes nationwide.23 However, Colorado still landfilled over 5,900,000 tons of municipal waste in 2020, or over 2,000 pounds per person.24 Colorado continues to rank among the worst 20 states at recycling and composting, and sends more to landfills than comparable Western states.25 On average, Colorado RECYCLING 10.8% 5 COMPOSTING 4.5% FIGURE 5. COLORADO’S MUNICIPAL DIVERSION RATE, 2020 LANDFILLED: 84.7% ] 15.3% WASTE DIVERSION 12 residents recycle and compost only 1 pound per person per day, while residents in leading states like Oregon and Washington recycle 3.1 pounds per person per day—over three times more than Colorado residents.26 In 2020, Coloradans recycled just over 500,000 tons of common containers and packaging including cardboard, paper, aluminum cans, and glass and plastic bottles. Residents and businesses also kept nearly 425,000 tons of organic materials out of landfills in 2020, including tree branches, clean wood, yard debris, and food scraps.27 (There was a slight drop in the organics diversion because of a large fire at a wood mulching facility that destroyed many of the materials waiting to be mulched.)28 In general, the amount of materials recycled and composted has been increasing since the state started tracking waste diversion in 2007, but this increase has been nearly the same as the state’s increased rate of population growth. This means Colorado is not making any true gains to reduce waste and recover more resources, and is just barely keeping pace with the state’s growing population. FIGURE 6. RECYCLING AND COMPOSTING IN COLORADO ARE BARELY KEEPING PACE WITH POPULATION GROWTH*29 * 2020 drop in organics diversion due to fire at wood mulching facility 30 6 4,500,000 5,000,000 5,500,000 6,000,000 0 200,000 400,000 600,000 800,000 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Common recyclables Organics Population To t a l D i v e r t e d ( t o n s ) Po p u l a t i o n 13 7 po u n d s p e r p e r s o n p e r d a y MSW Per Capita Rates Colorado 2020 Oregon 2019 Washington 2017 US National Average 2018 MSW Disposal (Landfill)MSW Diversion (Recycling + Composting) 0 2 4 6 Similarly, at the local level, recycling and composting rates are not showing significant improvements, with most communities showing little to no growth in residential recycling rates over the past five years of this report. Data collection continues to be a challenge as well. Only 24 communities are able to report data on their residential recycling and composting programs, and fewer than 10 can report community-wide recycling rates, including both residential and commercial diversion.31 While this overall lack of progress on recycling and composting is certainly disappointing, it is also not surprising. The past several years have been particularly challenging for recycling around the state and the country. The cost of recycling was cited by multiple municipalities as the most significant challenge to their programs, as well as the lack of and uncertainty in markets for materials, high cost of transporting materials, and a lack of local and statewide infrastructure.32 This strongly suggests that greater investments and systemic policy changes are needed to drive Colorado toward a robust, effective, and equitable recycling system statewide. FIGURE 7. COLORADO LANDFILLS MORE MATERIALS AND RECYCLES LESS THAN THE NATIONAL AVERAGE AND COMPARABLE STATES33 14 FRONT RANGE LEADERS COMMUNITY RECYCLING & COMPOSTING RATE Best citywide —residential and commercial City of Boulder 53% Best residential City of Loveland 58% Best industrial City of Fort Collins 65% Best citywide —residential and commercial City of Aspen, Town of Durango 32% Best countywide —residential and commercial Pitkin County 38% GREATER COLORADO LEADERS 8 Best countywide —residential and commercial Boulder County 43% MUNICIPAL RECYCLING & COMPOSTING LEADERS In our most comprehensive survey to date, Eco-Cycle contacted more than 180 municipalities and counties to ask about highlights and challenges with their recycling and composting programs and to collect recycling and composting rates for 2020. The following municipalities stand out as leading communities demonstrating that recycling and composting can work well in Colorado: FIGURE 8. COLORADO’S LEADERS FOR BEST RECYCLING AND COMPOSTING PROGRAMS IN 202034 * See Appendix for details on data collection terminology and how rates are calculated. These local leaders have five common elements of success: Universal curbside recycling programs where every resident is provided with a recycling cart alongside their trash cart, often at no additional charge to residents. Volume-based pricing for trash that encourages recycling and often composting, rather than flat rates where all trash is the same cost. Convenient drop-off centers or curbside programs for yard debris such as leaves, grass clippings, and branches. Strong education programs that teach residents and businesses why recycling and composting are important and provide clear guidelines on what can and cannot be recycled, reused, and composted. Dedicated staff and funding for waste diversion infrastructure, services, and programs. 15 Loveland 58% Boulder 53% Longmont 41% Telluride 36% Lafayette 34% Aspen* 32% Durango* 32% Fort Collins 31% Golden 30% Louisville 30% Boulder 42% Pitkin 38% Eagle 30% COUNTY Recycling & Composting Rate MUNICIPALITY Residential Recycling & Composting Rate * Indicates rates for citywide data collection that includes commercial and residential diversion. Summit 20% FIGURE 9. TOP-PERFORMING MUNICIPAL AND COUNTY RECYCLING AND COMPOSTING PROGRAMS IN 202036 Convenient access to curbside recycling services is the most essential among these success factors. Across the state and the country, municipalities with the best performing recycling programs guarantee that recycling is as convenient as trash services for all residents.35 Simply put, if you have a curbside trash cart, you automatically have a recycling cart provided along with it. Unfortunately, in much of Colorado, there is not guaranteed access to recycling for residents. Most households have to opt-in and subscribe to curbside recycling services and often pay more for this additional service. On average, only an estimated 30% of residents subscribe to curbside recycling under this type of9 opt-in program.37 One of the biggest opportunities to increase recycling in Colorado is to convert these under- utilized, subscription-based programs to a universal system where recycling is provided automatically alongside trash service. Currently, six of the ten largest cities in Colorado do not provide universal curbside recycling to all residents.38 Expanding universal recycling services to these 1.4 million residents is perhaps the single biggest opportunity to increase recycling rates statewide based on national findings.39 The chart on page 16 highlights those communities that have made recycling as convenient as trash, and identifies the largest cities and towns where curbside recycling access remains limited and inconvenient. 16 Arvada Boulder Commerce City Denver Durango Fort Collins Frederick Fruita Golden Greenwood Village Aurora Brighton Broomfield Cañon City Castle Pines Castle Rock Centennial Colorado Springs Englewood Erie Federal Heights Firestone Residents must subscribe to curbside recyclingAll residents have access to curbside recycling automatically * Defined as residential properties with less than eight units and not including homeowners’ associations;multifamily properties are considered commercial accounts based on state law and are not guaranteedservice under municipal hauling services or contracts. Nearly 30 additional smaller Colorado communitiesand some unincorporated county areas also provide curbside recycling for all residents. X FIGURE 10. FEWER THAN HALF OF MUNICIPALITIES WITH 10,000+ RESIDENTS AUTOMATICALLY PROVIDE CURBSIDE RECYCLING FOR ALL HOUSEHOLDS*40 10 Johnstown Lafayette Lone Tree Longmont Louisville Loveland Montrose Steamboat Springs Superior Thornton Fort Morgan Fountain Grand Junction Greeley Lakewood Littleton Parker Pueblo Sterling Westminster Wheat Ridge Windsor Six of the ten largest cities in Colorado do not provide universal curbside recycling to all residents. Expanding universal recycling services to these 1.4 million residents is perhaps the single biggest opportunity to increase recycling rates statewide. 17 RECYCLING & COMPOSTING SUCCESS STORIES IN 2020–2021 Colorado Becomes National Leader in Preventing Plastic Pollution Colorado became the first non-coastal state to enact a law to eliminate some of the most polluting single-use plastics, including plastic bags and polystyrene food containers, through the Plastic Pollution Reduction Act (HB21-1162 ). Starting in 2024, this policy will ban single-use grocery bags and place a 10-cent fee on paper bags; prohibit restaurants from using polystyrene food containers and cups; and allow local communities to pass their own bans, fees, or other policies to further reduce problematic packaging. Colorado previously had a preemption that prohibited local governments from adopting local policies to reduce packaging, and is the first US state to repeal its preemption on local action. Landmark Investment in Soil Health to Help Drive Composting In many parts of Colorado and the US, farmland soils are eroding faster than they can regenerate.41 With the passage of the Colorado Agricultural Soil Health Program (HB21- 1181), Colorado joins 18 other states in creating a state program to encourage farmers, ranchers, and land managers to voluntarily adopt practices that build soil, conserve water, and sequester carbon. Colorado’s bill goes beyond similar state programs by accentuating the use of compost as a key practice to regenerate soils. Greater use of finished compost in agriculture will help support and expand composting businesses in the state, which will then lead to more programs for residents and businesses to divert their food scraps, yard debris, and other organic materials. 18 Local Community Highlights to Expand Recycling, Composting Services42 Several communities made significant improvements to their recycling and waste diversion programs in 2021 that provide models for other cities and towns to follow: •Longmont increased its year-over-year recycling and composting rate by 6% due to growth in its curbside composting program, and to more recyclables being collected through both its curbside recycling program and the city’s drop-off center. •Durango and Golden are adding curbside composting to their citywide trash and recycling services. •Arvada launched a new citywide curbside recycling program in July 2021, becoming the largest city in Colorado to contract for a universal recycling program. Johnstown also launched curbside recycling for all residents. • Superior and Colorado Springs hired their first sustainability staff. •Boulder launched an education and outreach program to increase recycling at mobile home parks. 19 State Grants Support Recycling and Compost The Front Range Waste Diversion (FRWD) Enterprise Grant Program, established by the state legislature in 2019, awarded over $3.4 million in funding during its first 18 months to communities, businesses, and organizations to improve waste diversion.43 Broomfield and Arvada received funding for a zero waste plan and recycling carts, respectively, and funds also went to nonprofits and businesses including Habitat for Humanity, Perks Deconstruction, and Western Disposal to expand construction recycling and reuse infrastructure and deconstruction programs. The Recycling Resource Economic Opportunity (RREO) grant program awarded roughly $4.2 million statewide in 2020 and 2021 to nonprofits, schools, businesses, and local governments to invest in compost and recycling infrastructure and market development.44 In 2020, RREO funded projects for Direct Polymers (Denver) and Vartega (Jefferson County) to expand plastics recycling and for Table to Farm Compost (Durango) and Montezuma County Landfill to expand compost operations.45 IMPACTS OF COVID-19 ON COLORADO PROGRAMS Nearly two-thirds of the municipalities surveyed in this report shared challenges to their recycling or waste systems in 2020 due to the COVID-19 pandemic. About a third of these municipalities had to temporarily close recycling or composting facilities, ranging from a couple of weeks to a few months, though most programs were back to nearly normal operations by year-end.46 20 CHALLENGES FACING COLORADO Despite notable efforts by some Colorado municipalities and counties, Colorado’s statewide recycling and composting system as a whole is largely underdeveloped, disjointed, underperforming, and inequitable. Surveys show that Colorado residents and businesses frequently want better recycling and composting programs, but municipalities often lack the financial and staffing resources, political will, and technical knowledge to increase or provide services. Further, local governments do not have any influence over how products are made or whether products are recyclable, reusable, or compostable. Colorado continues to face several challenges to building a stronger, more sustainable, and more resilient local recycling economy, including: •Lack of funding: The increased costs of recycling and composting are the most substantial barrier for residents and businesses to take greater action to reduce their waste. Municipalities are limited in their abilities to implement diversion policies and programs due mainly to a lack of funds and staff dedicated to diversion programs. Lack of funding is directly or indirectly tied to most of the challenges limiting the state’s progress on recycling and composting. •Insufficient curbside recycling programs: Only 45 of Colorado’s 271 municipalities automatically provide curbside recycling to all residents alongside their trash service. Six out of ten of Colorado’s largest cities do not have comprehensive curbside recycling programs.47 21 •Inequitable recycling programs for multifamily, rural/mountain areas, and less affluent communities: First, only 30% of multifamily households have curbside recycling access nationwide compared to 70% of single-family homes, showing a significant disparity in services.48 Second, recycling is much more expensive and limited in rural and mountain areas. Third, recycling programs are more widely available in wealthier communities.49 •Low landfill fees: The Front Range has some of the lowest landfill costs around the country. Some communities pay less than $25/ton compared to the national average of $55/ton.50 Many communities cannot afford the additional costs to recycle and compost. •Limited local and regional recycling businesses: Colorado ships nearly all its paper, metal, and plastics out of state to be recycled because there is a lack of local and regional businesses to use recyclables to make new products. •High transportation costs: Shipping recyclables out of state adds increased costs to local programs. High transportation costs are a significant challenge in particular for rural and mountain communities. •Limited composting infrastructure: Organic materials are over one-third of what Colorado buries in landfills each year, yet much of the state lacks sufficient collection and processing infrastructure for organics diversion.51 Despite increases in food and yard waste diversion programs, only two new composting operations accepting food scraps have been successfully permitted in the last five years.52 22 RECOMMENDATIONS FOR 2022 Colorado needs groundbreaking new policies to transform our recycling and composting system to overcome these challenges and realize the substantial benefits of reducing unnecessary packaging, reducing plastic pollution, cutting climate emissions, creating local green jobs, protecting our clean air and water, and conserving natural resources. These priority actions can significantly scale up recycling and composting in Colorado. STATE-LEVEL RECOMMENDATIONS TOP PRIORITY PROVIDE CONVENIENT, EFFECTIVE RECYCLING FOR ALL RESIDENTS AND BUSINESSES THROUGH A PRODUCER RESPONSIBILITY POLICY A producer responsibility policy for containers, packaging materials, and printed paper is a groundbreaking opportunity to transform Colorado’s recycling system and accelerate progress toward the state’s recycling and climate goals. A statewide producer responsibility policy will provide every Coloradan with convenient and easy access to recycling for common materials such as plastic bottles, aluminum cans, glass bottles, cardboard, and printed paper. Over 150 global companies and leading organizations support producer responsibility as the only proven and effective tool to provide sufficient, ongoing, and dedicated funding to increase recycling and reduce plastic pollution.53 Over 40 countries have mandatory producer responsibility policies for containers and packaging, and Maine and Oregon adopted the first US policies in 2021.54 Colorado’s producer responsibility program for paint, run by PaintCare, is a proven success and has substantially increased paint recycling, provided recycling access to 95% of Coloradans, and saved municipalities tens of thousands of dollars per year since implementation in 2015.55 Producer responsibility will fund convenient access to recycling for all residents. The additional costs to recycle and the lack of convenient, equitable access to recycling is a primary barrier to increasing recycling statewide. Six out of the ten largest cities in the state do not provide curbside recycling to all residents. The City of Aurora, Colorado’s third largest city, closed its only single-stream recycling drop-off center in 2020 due to limited staff and funding resources and illegal dumping challenges.56 A producer responsibility policy would fund curbside recycling collection for all residents in all cities like Aurora without requiring funding from local governments. 23 67%of US residents agree “companies that manufacture food and beverage containers should be responsible for the cost of collecting and recycling their products after people use them.” 57 Producer responsibility will reduce local government costs for recycling. Producer responsibility for containers and packaging can offset some or all of a local government’s costs to operate drop-off centers for common recyclables, saving tens to hundreds of thousands of taxpayer dollars per year or allowing them to be reallocated for other services. For example, the City of Pueblo spends nearly $300,000 per year to operate a recycling drop-off center that could be funded by a producer responsibility policy.58 Producer responsibility will fund recycling in rural and mountain areas to ensure equitable access. Recycling in Colorado’s mountain and rural areas is often significantly more expensive than in the Front Range, which makes it more challenging to provide and financially sustain these programs. Yet all residents deserve the same convenient access to recycling, both urban and rural. A producer responsibility system will provide sufficient and ongoing funding to support drop-off and/or curbside recycling in rural and mountain areas. Currently most recyclables collected in Steamboat Springs, Routt County, and most of Northwest Colorado are hauled over 150 miles to be recycled at material recovery facilities (MRFs) in Denver.59 A producer responsibility program would cover transportation costs, alleviating one of the major financial barriers to recycling in rural communities. In addition, it could help develop greater regional coordination to increase efficiencies in transportation or to build more regional recycling centers or transfer stations. Producer responsibility will expand equitable recycling services to underserved multifamily residents. There are over 20 Colorado municipalities where more than 25% of their residences are multifamily properties.60 Less than 60% of multifamily residents nationwide have onsite recycling programs, creating a significant barrier for recycling and a gross inequity between single-family and multifamily residents.61 For example, the City of Denver provides curbside recycling to all single-family homes, but more than one-third of residences in Denver are multifamily properties not covered under the city’s program and have limited recycling programs.62 A producer responsibility program would fund convenient access to recycling collection at multifamily properties across the state and build a more equitable system for all residents. 24 ADDITIONAL STATE-LEVEL RECOMMENDATIONS Direct Stimulus Investment to Recycling, Composting Projects The Colorado legislature plans to distribute nearly $850 million in funding in 2022 from the federal American Rescue Plan Act to stimulate the state’s economy, provide necessary relief for Coloradans, and address emerging economic disparities resulting from the pandemic.63 The statewide recycling organization, Recycle Colorado, is recommending a portion of funds be spent on recycling and composting infrastructure, programs, and services. Extensive stakeholder working groups have identified several shovel-ready rural and urban projects that would create jobs and stimulate local end markets for diverted materials, as well as meet other state goals including wildfire mitigation. Launch End-Market Development Center to Attract and Grow Recycling Businesses In order to be recycled into new products, most of the recyclables collected in Colorado are shipped out of state, which adds extra costs to recycling programs, increases carbon and air pollution from transportation, and results in over $100 million in lost economic value each year.64 Bringing more recycling businesses to Colorado will create jobs, improve local economies, and increase the environmental benefits of recycling. A Recycling End-Market Development Center in Colorado would create a comprehensive, proactive, cross-agency effort to expand recycling businesses in the state based on proven initiatives in other states. Colorado passed legislation in 2020 to direct CDPHE to provide recommendations on the development of a Center and a proposed plan was released in July 2021. The state legislature can direct stimulus funding to implement this needed program that will create jobs and strengthen local economies. Prioritize Statewide Organics Management Plan Over one-third of Colorado’s trash is organic material such as food scraps and yard waste that could be composted. Colorado is currently engaged in the creation of a statewide organics management plan to identify and prioritize the compost infrastructure needed to capture our organic materials, along with the incentives and regulations necessary to utilize this important soil amendment. Soils enriched by compost remove carbon dioxide from the atmosphere and hold more water, making Colorado’s landscapes more resilient to drought. Composting is beneficial for both rural and urban economies as well, providing twice as many jobs per ton processed as landfills.65 25 South Carolina invested strongly in businsesses and remanufacturing facilities that recycle plastic bottles into new carpet and other materials, and has successfully driven job growth and economic impact in the state. Over eight years, the recycling industry doubled its total economic impact from $6.5 billion to $13 billion and job growth grew 44%.66 Reduce Single-Use Plastic Utensils and Food Service Accessories In 2021, Colorado took a tremendous first step to reduce plastic pollution by adopting the Plastic Pollution Reduction Act (HB21-1162 ). However, much more work is needed to reduce disposable, single-use plastics. A strong next step is to cut back on the use of plastic utensils and food service accessories, especially in food delivery and take-out. In May 2021, the Denver City Council passed the state’s first By-Request-Only ordinance that requires restaurants and third-party food delivery platforms to provide single-use items—including straws, utensils, napkins, and condiment packets—only when requested by the customer, rather than handing them out by default with every order. This not only reduces the amount of unnecessary plastic materials going to consumers, but can also save businesses money by reducing the amount of these materials they need to purchase. The Colorado legislature can adopt a similar policy statewide to reduce waste, cut plastic pollution, and save local restaurants money. ORGANICS DIVERSION IS A POWERFUL CLIMATE SOLUTION WITH ADDED BENEFITS When organic materials such as food waste, yard waste, wood, and tree branches are buried in a landfill, they decompose without oxygen. This releases methane gas, a greenhouse gas 84 times more potent than CO2 .67 Landfills generate 15% of the methane produced in the US68 and the latest United Nations Intergovernmental Panel on Climate Change (IPCC) climate report specifically called out the need to limit methane production as a key approach to fighting climate change.69 Diverting organic materials from landfills through food waste reduction, composting, mulching, anaerobic digestion, or creation of biochar—and using these products as a resource to build soil—can substantially reduce methane emissions and create significant economic and environmental benefits: • Composting creates at least twice as many jobs per ton as landfilling.70 • The application of finished compost reduces irrigation needs and use of synthetic fertilizers by increasing soil nutrients and water retention.71 • Applying finished compost improves soil quality by returning carbon and nutrients back to the soil.72 • Applying finished compost reduces erosion and stormwater runoff.73 • Investments in organics diversion programs are some of the most cost-effective climate change solutions.74 26 MUNICIPAL RECOMMENDATIONS Leverage State Grants to Expand Recycling, Composting Programs The Front Range Waste Diversion (FRWD) Enterprise grant program will provide over $100 million in grants over 10 years to help municipalities, haulers, schools, and businesses on the Front Range implement new recycling, composting, reuse, and waste reduction programs. The next round of funding will be available in January and is focused on increasing organics recovery, with general funding expected in early 2022. In addition, the Recycling Resource Economic Opportunity grant program continues to be a valuable funding source to help build out recycling and composting infrastructure statewide. Set construction recycling requirements The US produces more than twice as much waste from construction projects as it does from homes and businesses.75 The majority of these materials can be readily reused or recycled, such as concrete, asphalt, dirt, scrap metal, cardboard, and clean lumber. Unfortunately, Colorado severely lacks the infrastructure and end markets to collect and recycle these materials, and there are limited requirements or incentives for contractors to divert these materials. Colorado communities need to adopt policies that encourage or require construction and demolition (C&D) recycling and waste reduction to drive investment in these programs. • Adopt an ordinance requiring stronger hail-resistant shingles to extend the life of rooftops and reduce the waste caused by frequently replacing roofs. (Examples: Fort Collins, Lafayette) • Update green building codes to include C&D recycling. (Examples: City of Boulder, Pitkin County) • Require recycling for common building materials such as cardboard, metal, and clean wood. (Examples: Fort Collins, Nederland) Stimulate local economies by buying recycled or reusable products and locally-produced compost Governments are collectively the largest purchaser in the US, and local governments can leverage their environmentally preferable purchasing policies to help boost recycling and composting infrastructure.76 Government purchasing policies can give preference to materials with high recycled content and reusable or refillable packaging models. In addition, 27 local governments can purchase compost made from local programs that collect food scraps to be used in public projects, such as landscaping, construction, and stormwater management. Good tools for communities to use include the EPA model purchasing guidelines, resources from the Northeast Recycling Council, and a model compost-use policy and additional resources through the Natural Resources Defense Council. Provide financial incentives to reduce waste through volume-based pricing programs In many municipalities in Colorado, residents do not pay directly for trash services or they commonly pay a flat rate for an unlimited amount of trash. Communities that charge for trash service based on the volume of trash collected have stronger recycling programs because there is a financial incentive for residents to produce less trash and recycle and compost more. These volume-based pricing programs are commonly called Pay As You Throw (PAYT) or Save Money and Reduce Trash (SMART). This is the same way residents are charged for other utilities, such as electricity, gas, and water— based on how much they use. Nearly 9,000 communities across the US use volume- based pricing to provide fair, cost-effective trash services and encourage recycling and composting, making it one of the most proven policies to improve waste diversion rates.77 Collect recycling and composting data Municipalities and counties need consistent data on how much of the local waste stream is recycled, composted, and landfilled, yet access to data is very limited. Of the over 170 cities and towns we contacted, less than 30 were able to report a waste diversion rate. We recommend cities and towns use the free data tools available through the Municipal Measurement Program. Using this national platform helps to ensure that recycling and waste diversion data is reported consistently between communities and across the US. 28 CONCLUSION Colorado is failing to meet its goals to reduce waste, reduce carbon emissions, and curb plastic pollution. Now is the time for a system-wide solution to modernize and transform Colorado’s recycling and composting systems, and a producer responsibility policy for containers, packaging, and printed paper is the most impactful, game-changing policy that can be adopted in 2022. Eco-Cycle and Recycle Colorado, the statewide recycling organization, have been working extensively with diverse stakeholders to develop framework policy principles for a producer responsibility policy, based on the producer responsibility recommendations developed by CDPHE earlier this year. These principles will be used to create a producer responsibility policy for containers, packaging, and printed materials to be introduced in the Colorado legislature in early 2022. Eco-Cycle and CoPIRG strongly support a producer responsibility policy for containers, packaging, and printed paper as the highest priority action to fundamentally revamp and expand recycling in Colorado, eliminate unnecessary and wasteful packaging, and reduce plastic pollution and carbon emissions. Find out how you can support producer responsibility in Colorado at: www.ecocycle.org/zerowastecolorado 29 30 APPENDIX DATA COLLECTION TERMS The term “diversion rate” means different things both across Colorado and across the country, which makes it hard to compare between cities and states. This report distinguishes the diversion rate—or the amount of material recycled or composted— based on the different parts of the community, including: •Citywide diversion rate—just households and businesses, also known as municipal solid waste (MSW) •Residential diversion rate—single-family homes and apartments up to seven units (may not include homeowner associations, also known as HOAs) •Industrial diversion rate—includes materials generated through agricultural activities, construction and demolition, energy production, and other industrial activities. HOW TO CALCULATE THE DIVERSION RATE The diversion rate, commonly called the recycling rate, is the amount of material collected for recycling and composting divided by the total amount of discards generated, i.e. (recycling + composting) = diversion rate(recycling + composting + trash) 31 REFERENCES CITY DATA AND PROGRAM INFORMATION PROVIDED BY: Arvada—Madeline Stephens. Personal communication. 10/5/2021. Aspen—Liz Chapman. Personal communication. 9/29/2021. Ault—Grant Ruff. Personal communication. 9/13/2021. Aurora—John Handzo. Personal communication. 8/25/2021. Bennett—Ms. Robin Price. Personal communication. 9/30/2021. Berthoud—Will Karspeck. Personal communication. 10/8/2021. Blue River—Michelle Eddy. Personal communication. 9/29/2021. Boulder—Lauren Tremblay. Personal communication. 9/20/21. And, City of Boulder. “Waste Diversion by Sector.” https://open-data.bouldercolorado.gov/datasets/027e17e8466242e4b5909f9c79cd33f8_0/ data?page=6. Accessed 8/23/21. Brighton—Iveth Martinez. Personal communication. 8/30/2021. Brookside—Renee Bolkema. Personal communication. 10/6/2021. Broomfield—Lesa Julian. Personal communication. 9/28/2021. And Ruth Abbe. Personal communication. 9/27/2021. Calhan—Bruce Coulson. Personal communication. 10/7/2021. Castle Pines—Larry Nimmo. Personal communication. 10/5/2021. Centennial—Wyatt Peterson. Personal communication. 9/14/2021. Cherry Hills Village—Jay Goldie. Personal communication. 9/28/2021. Colorado Springs—Samantha Bailey. Personal communication. 10/8/2021. Columbine Valley—Jeremey Hayden. Personal communication. 9/22/2021. Commerce City—Steve White. Personal communication. 8/19/2021. Dacono—AJ Euckert. Personal communication. 10/12/2021. Denver—Courtney Cotton. Personal communication. 9/2/2021. And, Brea Zeise. Personal communication. Dolores—Ken Charles. Personal communication. 9/29/2021. Durango—Imogen Ainsworth. Personal communication. 09/29/2021. Eaton—Greg Brinck. Personal communication. 10/7/2021. Edgewater—Kit Lammers. Personal communication. 10/18/2021. Englewood—Shawn Lewis. Personal communication. 9/30/2021. Erie—Tyler Kesler. Personal communication. 9/20/2021. Estes Park—Greg Muhonen. Personal communication. 8/24/2021. Evans—Leslie Power. Personal communication. 9/13/2021. Federal Heights—Don Stahurski. Personal communication. 8/31/2021. Fort Collins—Caroline Mitchell. Personal communication. 11/8/2021. Fort Lupton—Chris Cross. Personal communication. 10/6/2021. Fountain—Luchia Tingley. Personal communication. 10/6/2021. Foxfield—Randi Gallivan. Personal communication. 8/18/2021. Fraser—Michael Brack. Personal communication. 10/1/2021. Garden City—Brett Bloom. Personal communication. 8/31/2021. Gilcrest—Larry Lorentzen. Personal communication. 10/6/2021. Glendale—Joshua Bertrand. Personal communication. 9/30/2021. Glenwood Springs—Matthew Langhorst. Personal communication. 9/14/2021. 32 Golden—Theresa Worsham. Personal communication. 8/26/2021. And City of Golden. “Pay as you throw waste diversion.” https://www.cityofgolden.net/media/PAYTWasteMetrics.pdf. Accessed 11/1/21. Granby—Joel Moore. Personal communication. 9/29/2021. Grand Junction—Kym Beck. Personal communication. 10/1/2021. Greeley—Will Jones. Personal communication. 10/4/2021. Green Mountain Falls—Angie Sprang. Personal communication. 9/21/2021. Greenwood Village—Garrett Graybeal. Personal communication. 9/29/2021. Grover—Deb Duggins. Personal communication. 9/15/2021. Gunnison—David Gardner. Personal communication. 9/29/2021. Johnstown—Ellen Hilbig. Personal communication. 9/17/2021. Keenesburg—Laurie Kuntz. Personal communication. 9/22/2021. Kersey—Christian Morgan. Personal communication. 10/5/2021. Lafayette—Elizabeth Szorad. Personal communication. 9/27/2021. Lakewood—Jonathan Wachtel. Personal communication. 8/26/2021. Larkspur—Isaac Levy. Personal communication. 9/21/2021. Littleton—Keith Reester. Personal communication. 9/2/2021. Lone Tree—Abby Meyer. Personal communication. 10/6/2021. Longmont—Charles Kamenides. Personal communication. 9/16/2021. Louisville—Katie Baum. Personal communication. 9/27/2021. Loveland—Tyler Bandemer. Personal communication. 9/8/2021. Lyons—Kim Mitchell. Personal communication. 9/23/2021. Manitou Springs—John Graham. Personal communication. 9/29/2021. Mead—Bo Hurtado. Personal communication. 8/23/2021. Meeker—Russell Overton. Personal communication. 9/29/2021. Milliken—Courtney Diller. Personal communication. 9/21/2021. Monument—Cassie Olgren. Personal communication. 9/10/2021. Morrison—Kara Winters. Personal communication. 9/22/2021. Mountain Village—Lauren Kirn. Personal communication. 9/29/2021. Nederland—Chris Pelletier. Personal communication. 9/23/2021. New Castle—Mike Hinkley, Mountain Waste. Personal communication. 9/10/2021. Northglenn—Brigid Sherrill. Personal communication. 9/28/2021. Nunn—Cathy Payne. Personal communication. 9/17/2021. Palmer Lake—Dawn Collins. Personal communication. 10/13/2021. Parker—Tom Williams. Personal communication. 9/8/2021. Pierce—Tina Duran. Personal communication. 9/21/2021. Platteville—David Brand. Personal communication. 9/27/2021. Poncha Springs—Brian Berger. Personal communication. 9/9/2021. Pueblo—Andrew Hayes. Personal communication. 9/9/2021. Ramah—Cindy Tompkins. Personal communication. 9/22/2021. Rifle—Mike Hinkley, Mountain Waste. Personal communication. 9/10/2021. Rye—Sherri Beach. Personal communication. 9/15/2021. Severance—Mitch Nelson. Personal communication. 9/14/2021. Sheridan—Devin Granbery. Personal communication. 10/6/2021. Silt—Mike Hinkley, Mountain Waste. Personal communication. 9/10/2021. Simla—Myke McCune. Personal communication. 9/22/2021. Superior—Alyssa Vogan. Personal communication. 9/30/2021. Swink—Amanda Holland. Personal communication. 9/16/2021. 33 Telluride—Karen Guglielmone. Personal communication. 9/29/2021. Thornton—Sandee Timmons. Personal communication. 8/30/2021. Timnath—Don Taranto. Personal communication. 9/9/2021. Vail—Beth Markham. Personal communication. 10/6/2021. Victor—Kurt Yeater. Personal communication. 9/15/2021. Wellington—Bob Growing. Personal communication. 10/1/2021. Westminster—Paul Schmiechen. Personal communication. 9/20/2021. Wheat Ridge—Kayla Betzold. Personal communication. 10/1/2021. Windsor—Shane Hale. Personal communication. 9/22/2021. COUNTY RECYCLING DATA PROVIDED BY: Boulder County—Cody Lillstrom. Email communication. 9/16/21. Eagle County—Nina Waysdorf, Walking Mountains Science Center. Email communication. 9/28/21. Pitkin County—Cathy Hall. Personal communication. 10/12/21. Summit County—Rachel Zerowin, High Country Conservation. Email communication. 9/28/21. 34 35 ENDNOTES 1  Colorado Department of Public Health and Environment (CDPHE). “2020 Recycling Data Totals.” (2021) https://cdphe.colorado.gov/swreports. Accessed 11/1/21. And CDPHE, Eunomia, 2021. The 50 States of Recycling. Accessed at https://ball.com/realcircularity. 2  CDPHE. “2020 Recycling Data Totals.” (2021) https://cdphe.colorado.gov/swreports. Accessed 11/1/21. And EPA. “National Overview: facts and figures on Materials, Wastes and Recycling.” https:// www.epa.gov/facts-and-figures-about-materials-waste-and-recycling/national-overview-facts-and- figures-materials. Accessed 11/8/21. 3  Eunomia, 2021. The 50 States of Recycling. Accessed at https://ball.com/realcircularity. 4  CDPHE. “2020 recycling totals.” (2021) https://www.colorado.gov/pacific/cdphe/colorado- recycling-totals. Accessed 10/19/21. 5  See municipality and county communications in the references section. 6 Colorado Department of Public Health and Environment. “2020 Recycling Data Totals.” (2021) https://cdphe.colorado.gov/swreports. Accessed 11/1/21. And, CDPHE. Colorado Integrated Solid Waste and Materials Management Plan. (2016) www.colorado.gov/pacific/cdphe/Integrated-Solid- Waste-Materials-Mgmt-Plan. Accessed 9/24/20. 7 EPA. “U.S. National Recycling Goal.” https://www.epa.gov/americarecycles/us-national-recycling- goal. Accessed 11/8/21. 8 U.S. Census Bureau. “City and Town Population Totals 2010–2019.” https://www.census.gov/data/ tables/time-series/demo/popest/2010s-total-cities-and-towns.html. Accessed 9/24/20; CDPHE. “Annual Solid Waste Diversion Totals 2007–2017.”; CDPHE. “2018 Colorado recycling totals.”; CDPHE. “2019 Colorado recycling totals.”; CDPHE. “2020 Colorado recycling totals.” 9  CDPHE. “2020 Recycling Data Totals.” (2021) https://cdphe.colorado.gov/swreports. 10  Ellen MacArthur Foundation. “Extended Producer Responsibility: a necessary part of the solution to packaging waste and pollution.” https://plastics.ellenmacarthurfoundation.org/epr#Position- paper. Accessed 10/21/21. 11 More Recycling. “Data Sort: Worldwide Expansion of Packaging EPR.” Resource Recycling. (February 2019). https://resource-recycling.com/recycling/2019/02/11/data-sort-worldwide- expansion-of-packaging-epr/ 12  PaintCare. “Colorado Paint Stewardship Program Financial Assessment.” (2019) https://www. paintcare.org/wp-content/uploads/docs/co-cdphe-financial-assessment.pdf. Accessed 11/1/21. 13  California Legislative Analyst’s Office. “Administration’s Cap-and-Trade Report Provides New Information, Raises Issues for Consideration.” (2016) https://lao.ca.gov/Publications/Report/3445. 14  U.S. EPA, 2020. Documentation for Greenhouse Gas Emission and Energy Factors Used in the Waste Reduction Model: Management Practices Chapters. Based on net recycling emissions for Mixed Recyclables. https://www.epa.gov/warm/documentation-chapters-greenhouse-gas-emission- energy-and-economic-factors-used-waste-reduction. 15  CDPHE. “2020 recycling totals.” (2021) https://www.colorado.gov/pacific/cdphe/colorado- recycling-totals. Accessed 10/19/21. 16  CDPHE. “2020 recycling totals.” (2021) https://www.colorado.gov/pacific/cdphe/colorado- recycling-totals. Accessed 10/19/21. 17  CDPHE. “Recycling Grants and Support. (Economic Study of Recycling in Colorado).” https:// cdphe.colorado.gov/sustainability-programs/recycling. Accessed 10/28/21. 18  Tellus Institute. “More Jobs, Less Pollution: Growing the Recycling Economy in the U.S.” https:// www.tellus.org/pub/More%20Jobs,%20Less%20Pollution%20-%20Growing%20the%20Recycling%20 Economy%20in%20the%20US.pdf. Accessed 10/14/21. 19  Front Range Waste Diversion Enterprise. “RRS Waste Diversion Survey.” (2020) https://cdphe. colorado.gov/front-range-waste-diversion#Resources 36 20 Eco-Cycle Calculations based on CDPHE. “2020 recycling totals.” (2021) https://www.colorado. gov/pacific/cdphe/colorado-recycling-totals. Accessed 10/19/21. 21  CDPHE. “2020 recycling totals.” (2021) https://www.colorado.gov/pacific/cdphe/colorado- recycling-totals. Accessed 10/19/21. 22  CDPHE. “2019 Recycling Data Totals.” (2020) https://cdphe.colorado.gov/swreports. 23  Rosengren, C. (2021). “Waste Management CEO says economy ‘ready to take off,’ major North American M&A likely done.” https://www.wastedive.com/news/waste-management-q4-2020-covid- economy-acquisitions/595240. 24  CDPHE. “2020 recycling totals.” (2021) https://www.colorado.gov/pacific/cdphe/colorado- recycling-totals. Accessed 10/19/21. 25  Eunomia. “The 50 States of Recycling.” (2021) https://ball.com/realcircularity. 26  CDPHE. “2020 recycling totals.” (2021) https://www.colorado.gov/pacific/cdphe/colorado- recycling-totals. Accessed 10/19/21. 27  CDPHE. “2020 recycling totals.” (2021) https://www.colorado.gov/pacific/cdphe/colorado- recycling-totals. Accessed 10/19/21. 28  Email communication with Jace Driver, CDPHE, 10/18/21. 29 U.S. Census Bureau. “City and Town Population Totals 2010–2019.” https://www.census.gov/ data/tables/time-series/demo/popest/2010s-total-cities-and-towns.html. Accessed 9/24/20; CDPHE. “Annual Solid Waste Diversion Totals 2007–2017.”; CDPHE. “2018 Colorado recycling totals.”; CDPHE. “2019 Colorado recycling totals.”; CDPHE. “2020 Colorado recycling totals.” 30  Email communication with Jace Driver, CDPHE, 10/18/21. 31  See municipality and county communications in the references section. 32  See municipality and county communications in the references section. 33 CDPHE. “2020 recycling totals.” (2021) https://www.colorado.gov/pacific/cdphe/colorado- recycling-totals. Accessed 10/19/21. 34  See municipality and county communications in the references section. 35  The Recycling Partnership. “State of Curbside Recycling in 2020.” (2020) https://recyclingpartnership.org/stateofcurbside. 36 See municipality and county communications in the references section. 37  Sustainable Packaging Coalition. “2015–16 Centralized Study on Availability of Recycling.” (2016) https://sustainablepackaging.org/findings-released-spc-centralized-study-availability-recycling/. 38  See municipality and county communications in the references section. Population information based on: U.S. Census Bureau. “City and Town Population Totals: 2010–2019.” 39  The Recycling Partnership. “The State of Curbside Recycling 2020.” https://recyclingpartnership. org/stateofcurbside/ and Eco-Cycle calculation based on population information from U.S. Census Bureau. “City and Town Population Totals: 2010–2019.” https://www.census.gov/data/datasets/time- series/demo/popest/2010s-counties-total.html. Accessed 11/1/21. 40 See municipality and county communications in the references section. 41  USDA, 2007. Soil Erosion on Cropland. https://www.nrcs.usda.gov/wps/portal/nrcs/detail/ national/technical/nra/nri/?cid=stelprdb1041887. 42  See municipality and county communications in the references section. 43  Colorado General Assembly. “Front Range Waste Diversion Enterprise Grant Program.” (2019) https://leg.colorado.gov/bills/sb19-192; CDPHE. “Recycling grants and rebates.” (2019) https://www. colorado.gov/pacific/cdphe/recycling-grants-and-rebates. 44  CDPHE. “Recycling grants and support.” https://cdphe.colorado.gov/rreo-grant-project- summaries. Accessed 10/21/21. 45  CDPHE. “RREO Grant Project Summaries.” https://cdphe.colorado.gov/rreo-grant-project- summaries. Accessed 10/21/21. 46 See municipality and county communications in the references section. 37 47  See municipality and county communications in the references section. 48  Sustainable Packaging Coalition, 2021. 2020-2021 Centralized Study on Availability of Recycling. https://sustainablepackaging.org/spc-releases-comprehensive-update-of-its-centralized-availability- of-recycling-study/. 49 Eco-Cycle calculation based on U.S. Census Income data for 2019. Source: https://data.census. gov/cedsci/table?t=Income%20and%20Poverty&g=0400000US08.160000&tid=ACSST5Y2019. S1902&moe=false&hidePreview=true, communications with municipalities (see municipality and county communications in the references section). 50 Waste Today Magazine. “EREF releases analysis on national landfill tipping fees.” (2019) https:// www.wastetodaymagazine.com/article/eref-releases-analysis-national-msw-landfill-tipping-fees; personal communication with Charlotte Pitt and Charles Kamenides. 51  CDPHE. “Waste Composition of Municipal Solid Waste Disposal.” (2016) https://cdphe.colorado. gov/swreports. Accessed 10/14/21. 52 CDPHE. “Composting.” https://cdphe.colorado.gov/composting. Accessed 10/28/21. 53  Ellen MacArthur Foundation. “Extended Producer Responsibility.” https://plastics. ellenmacarthurfoundation.org/epr. Accessed 11/1/21. 54  More Recycling. “Data Sort: Worldwide Expansion of Packaging EPR.” Resource Recycling. (February 2019). https://resource-recycling.com/recycling/2019/02/11/data-sort-worldwide- expansion-of-packaging-epr/. 55  PaintCare. “Colorado.” https://www.paintcare.org/paintcare-states/colorado/#/everyone. Accessed 11/1/21. 56  City of Aurora, 2020. “Central Facilities Recycling Station Closing Aug. 31.” Posted July 23, 2020 by Senior Communications Strategist Julie Patterson. https://nextdoor.com/agency-post/co/aurora/ city-of-aurora/central-facilities-recycling-station-closing-aug-31-155787949/. 57  Eunomia, 2021. The 50 States of Recycling. Accessed at https://ball.com/realcircularity. 58  U.S. Census Bureau. “Units in Structure.” https://data.census.gov/cedsci/table?q=units%20in%20 &tid=DECENNIALSF32000.H031. Accessed 9/22/20. 59  Cowman, W. 2018. “Northwest Colorado Waste Diversion Study.” http://www.co.routt.co.us/ DocumentCenter/View/7184/Northwest-CO-Waste-Diversion-Study. 60  U.S. Census Bureau. “Units in Structure.” https://data.census.gov/cedsci/table?q=units%20in%20 &tid=DECENNIALSF32000.H031 Accessed9/22/20. 61 Sustainable Packaging Coalition, 2021. 2020-2021 Centralized Study on Availability of Recycling. https://sustainablepackaging.org/spc-releases-comprehensive-update-of-its-centralized-availability- of-recycling-study. 62 Eco-Cycle, 2016. Recycling in Denver. https://www.ecocycle.org/files/pdfs/Campaigns/zero- waste-colorado/Denver-Report-2016_Eco-Cycle_print-web.pdf 63 Colorado Office of Legislative Legal Services. “Allowable Uses of ARPA Money” https://leg. colorado.gov/sites/default/files/images/committees/2017/appropriating_arpa_money.pdf. Accessed 11/10/21. 64 Front Range Waste Diversion Enterprise. “RRS Waste Diversion Survey.” (2020) https://cdphe. colorado.gov/front-range-waste-diversion#Resources. 65  Institute for Local Self-Reliance. “Pay Dirt: Composting in Maryland to Reduce Waste, Create Jobs, & Protect the Bay.” (2013) https://ilsr.org/paydirt/. 66 South Carolina Recycling Industry. “2014 Economic Impact Study.” https://scdhec .gov/sites/ default/files/Library/CR-011380.pdf. 67  IPCC. “AR5 Synthesis Report: Climate Change 2014.” https://www.ipcc.ch/report/ar5/syr/. Accessed 1014/21. 68  EPA. “Basic information about landfill gas.” https://www.epa.gov/lmop/basic-information-about- landfill-gas. Accessed 10/14/21. 69  IPCC. “Climate change widespread, rapid, and intensifying – IPCC” (2021) https://www.ipcc. ch/2021/08/09/ar6-wg1-20210809-pr/. Accessed 10/14/21. 38 70  Tellus Institute. “More Jobs, Less Pollution: Growing the Recycling Economy in the U.S.” https:// www.tellus.org/pub/More%20Jobs,%20Less%20Pollution%20-%20Growing%20the%20Recycling%20 Economy%20in%20the%20US.pdf. Accessed 10/14/21. 71  Natural Resources Defense Council. “New Model Policy Bolsters Compost Use and Infrastructure.” (August, 2021) https://www.nrdc.org/experts/darby-hoover/new-model-policy- bolsters-compost-use-and-infrastructure. 72  Ibid. 73  Ibid. 74 California Legislative Analyst’s Office. “Administration’s Cap-and-Trade Report Provides New Information, Raises Issues for Consideration” (2016) https://lao.ca.gov/Publications/Report/3445. 75 US EPA. “Sustainable Management of Construction and Demolition Materials.” https://www.epa. gov/smm/sustainable-management-construction-and-demolition-materials. 76  Northeast Recycling Council. “Government Recycling Demand Champions.” https://nerc.org/ projects/government-recycling-demand-champions. 77 EPA. (2019.) “Pay As You Throw - Variable Rates for Trash Collection.” Accessed at: https://www.epa.gov/sites/production/files/2015-09/documents/skumatz.pdf. 39 © 2021 970-748-4083 clin@avon.org Analysis of Recycling Ordinances in Colorado (July 2022) City Waste Diversion Rate Ordinances Officials’ Comments Fort Collins 65% For waste management, Fort Collins has 5 different ordinances, 2 requirements and 1 resolution that address specific topics. These include: Community Recycling Ordinance It includes required recycling service for all multi-family and businesses by the end of June 2021, service surcharges on residential trash / recycling bills, seasonal yard trimmings collection, and grocer composting. Disposable Bag Ordinance The Fort Collins Disposable Bag Ordinance bans plastic bags and puts a 10-cent fee on paper bags at large Fort Collins grocers starting May 1, 2022. Cardboard Ordinance All entities that use cardboard in Fort Collins are included in the ordinance, such as residents, businesses, and industrial operations. All clean cardboard should be recycled. Non-recyclable cardboard such as waxed cardboard (used to ship bulk produce), or food-contaminated cardboard (such as heavily soiled/greasy pizza boxes) should be composted or landfilled. Pay-As-You-Throw Ordinance Fort Collins' "Pay-As-You-Throw" (PAYT) ordinance was adopted in 1996 and has been regularly updated since then. The ordinance requires trash haulers to be licensed by the City of Fort Collins. Trash rates in Fort Collins are based on volume; Regarding Fort Collins’ waste diversion success, Councilor Susan de Toski commented: - Fort Collins has a long history of environmental goals and actions. - For Collins updated three plans at once: The road to Zero Waste Plan, Climate Action Plan, and energy plan in an equity-centered planning process called Our Climate Future. The integration of updating three plans in one process acknowledges the interconnections between waste energy, climate and identifies opportunities for connected solutions. - Centering the planning process and strategies in equity with community defined priorities will result in increased buy-in to meet the goals while simultaneously positively impacting other Fort Collins priorities. - Regarding industrial recycling, Fort Collins has the Hoffman mill crushing facility, an essential element in local industrial recycling. It recycles more concrete, asphalt, and soil than all the waste generated by all of the houses and businesses in Fort Collins. - Fort Collins also requires all construction sites to recycle cardboard, metal aggregates and wood. Attachment 3 Analysis of Recycling Ordinances in Colorado residents are charged for each can or bag of waste they generate. It's a system designed to motivate people to recycle more and to think about ways to generate less waste in the first place. Electronic Waste Ordinance In 2007, the City of Fort Collins banned the landfill disposal of electronic waste (e- waste). In 2013, the State of Colorado also passed an electronics landfill disposal ban, making it illegal to landfill electronic waste anywhere in Colorado. Trash And Recycling Enclosure Requirements Fort Collins amended the Land Use Code in 2004 to require that trash enclosures be designed and built with sufficient space to accommodate recycling in all new commercial or multi-family housing construction. With this requirement, the City ensures that future tenants or occupants who wish to recycle are not constrained by a lack of space. Construction And Demolition Recycling Requirements For new buildings, additions or remodels over 2,500 square feet, a construction waste management plan acceptable to the building official that includes recycling of concrete and masonry, wood, metals and cardboard, is required at the time of application for a building permit. Compliance must be certified by the hauler through receipts and signed affidavits. Zero Waste Goals Resolution On December 17th, 2013, Fort Collins City Council adopted Resolution 2013-111 establishing a waste diversion policy that would help the city meet its zero waste goals. The plan calls for 75% waste Requirement through building codes is an important driver for industrial recycling. - In addition, Fort Collins tracks residential, industrial, and commercial materials separately, and this helps them to see important trends with each sector. Analysis of Recycling Ordinances in Colorado diversion by the year 2020, 90% by 2025 and 100% or "Zero Waste" by 2030. Loveland 56% Loveland currently has two ordinances for waste management. Waste Flow Control Ordinance This is the main recycling ordinance of Loveland. The key policies include: - Residential “Solid Waste Programs Fee” is included in monthly City Utility bill. - Volume-based, pay-as-you-throw pricing based on the trash carts purchased by each household. - Overfilled carts are not acceptable but City Trash Stamps ($3.50/stamp) are sold and used for extra bags of trash. - A fee-based curbside pickup for oversized items. - Separate rates for multi-family dumpsters. Dumpster rental for larger cleanup projects for residents only. - Curbside recycling for paper, metal, plastic, and glass. - Yard waste is collected in a separate cart from April to November for composting. - Clean-up vouchers can be requested at no extra charge and allow residents to drop off additional over-sized and bulky items. - Hazardous waste is accepted for free at the Larimer County Household Hazardous Waste Center. Hauler Licensing Ordinance This ordinance requires collection license for solid waste and recyclable materials haulers, defining the frequency of collection and requiring haulers to provide documentation to city. Loveland Mayor Jacki Marsh attributes their success to: - Loveland consistently has some of the highest recycling rate when it comes to residential recycling, partly due to offering volume based pricing, convenient curbside service, accessible recycling center for larger items, and user-friendly website that contains all recycling information on one page. - Loveland citizens wanting to be part of the solution; “we’re all in this together, we’re all people of the Earth and we all need to take care of the Earth”. Loveland residents strongly buy into being responsible citizens of the Earth in order to afford high quality of life. - In general, reusing products and taking waste to recycling center feels easy to their residents, who were outraged by the temporary closure of their recycling center at the beginning of the COVID restrictions. - Loveland citizens actively use the easy curbside recycling and the accessible recycling center for larger items. - Mayor Marsh also commended their Staff who make recycling so easy, convenient, user friendly and helpful. Boulder 53% Boulder adopted their Universal Zero Waste Ordinance in 2015 (ordinance language). - The ordinance requires all properties (including apartment buildings and HOAs), Former Boulder Mayor Sam Weaver commented that: - One of the main things that helped their success with the universal zero Analysis of Recycling Ordinances in Colorado businesses and waste haulers to provide composting, recycling and landfill collection services to tenants, residents, customers and employees. - The ordinance also requires business owners to separate recyclables and compostables from trash, place bins for each waste stream, post signs on or above all waste bins and train employees on proper sorting. - In 2019, the city began to phase in required reporting for restaurants and grocery stores, who have some of the largest compost waste streams. They are required to report their compliance with the ordinance to the city through an online form that includes photos of their bins and signs. - In 2018, 57% of Boulder’s waste is diverted from the landfill through composting, recycling and reuse, compared to 39% in 2015 when the ordinance went into effect. - The city is aiming to require 65% waste diversion from landfill for future demolition projects in hopes to further divert more materials from the landfill. waste requirement has been education. - They have both Eco-cycle and City Staff reach out to businesses to help each different type of business understand how they can implement recycling and composting. - Educational outreach and collaboration with their business community, along with residents’ participation, creates a full community outlook on how they handle their waste. - As a university community, they have a six-day collection period that the university, the city, and Eco-cycle all participate in, which gives students who are moving out a way to recycle and reuse the stuff that they’re no longer going to need as university students. - Boulder has two important next steps which are 1) Boulder County wide composting facility so they can process compost locally and 2) researching a circular economy approach so that a lot more reuse can take place. Aspen 32% The City of Aspen currently has two ordinances for waste management. Recycling Ordinance (Solid Waste Code) - Both businesses and residents have recycling pickup included in the cost of their trash. - Trash rate will not change whether or not you chose to recycle. - Yard waste and electronics are not allowed in trash nor recycling. - Aspen offers a Pay-As-You-Throw (PAYT) program for residential customers. Haulers are required to include the cost of recycling in the base rate of trash. This means the price a customer pays for Mayor Torre commented on Aspen’s recycling efforts: - Waste from construction and demolition is the largest component of Pitkin County’s landfill materials, and tackling these materials is the biggest impact we can have. Pitkin County is tackling this by look for countywide regulations, which Aspen will implement into the city as well. - The biggest questions are: how do we get the materials deconstructed? How do we get the construction materials that are going in to be separated appropriately on site where we can and Analysis of Recycling Ordinances in Colorado pickup is based on trash volumes, not recycling volumes. This creates an incentive to recycle more and thus produce less trash. - Each Hauler shall submit a bi-annual report to the City Manager of the weight in tons of garbage, trash, Recyclable Materials (as determined by the City Manager in the Recyclable Materials List), Compostables and Yard Waste materials collected within the limits of the City. Reusable Bag Ordinance In May of 2012, the City of Aspen implemented a Waste Reduction Ordinance to eliminate waste and raise awareness around excessive resource consumption. This ordinance bans the use of single use plastic check out bags at Aspen supermarkets and instates a $0.20 fee for single use paper bags. then how do we get those to the right facility? - Aspen is still working with their community to get that buy-in to move forward on all fronts, whether it's recycling, composting, or construction and demolition. All these items are still needing to be tackled on a one-to-one basis and working with our community. - Aspen has local leadership that wants to forward the initiatives, as well as staff, both county and city, that are willing to do the footwork to get these initiatives implements and make sure they are integrated into our community. - Aspen was one of the first cities in Colorado to put a fee on single use paper and plastic bags. There was some pushback at first but the acceptance and compliance has been quite amazing. Aspen has successfully eliminated the plastic bags from our grocery stores and other outlets. The community really did buy into this initiative. They are working on reinforcing that moving forward. - Providing alternatives to plastic bags is a challenge; they would like to see more eco-friendly alternatives and better availability and cost- effectiveness. PEER COMMUNITIES Vail 35% The Town of Vail introduced a Community Wide Recycling Ordinance (Attachment) in 2014 that requires residents and owners of commercial properties to recycle, with a “pay-as-you-throw” system. Fees from paper bag sales are dedicated to this program. Under this ordinance, all solid waste haulers are required to register with the Town and adhere to regulations including biannual reporting and an equal Vail’s Environmental Sustainability Director Kristen Bertuglia said that the ordinance has good participation rates and residents and guests seem glad that Vail is taking active steps to reduce GHG emissions. In 2021 the Vail community achieved a 35% recycling rate and will continue working on increasing diversion of recyclable and organic material to become a zero- waste community. At previous Hard to Analysis of Recycling Ordinances in Colorado number of recycling and garbage pickup days. Recycle events in 2021, Vail was able to recycle over 20 tons of otherwise hard to recycle materials, making a large contribution to the total. Ms. Bertuglia thinks the combination of education and incentives has been the most effective facet of the program. Frisco Summit County 20% The Town of Frisco adopted the Pay-As- You-Throw (PAYT) and Universal Recycling ordinances developed by High Country Conservation Center (HC3) in March 2022. Developing consistent recycling ordinances across all local government jurisdictions has been shown to dramatically increase recycling in communities. Universal Recycling will ensure that everyone in Summit County has access to recycling and applies to businesses or residents that share a dumpster for trash and/or recycling service. Universal Recycling will require that all businesses have recycling collection if they already have trash collection. Frisco’s Environmental Sustainability Coordinator Hilary Sueoka said the Ordinance will go into effect in April 2023. Since the adoption of the ordinance in March 2022, Frisco Staff has been mostly working behind-the- scenes to prepare for the roll out. They are working with neighboring communities so that ideally, they can all roll out the new recycling requirements around the same time and streamline the process for waste haulers. Frisco continues to work closely with HC3 to ensure roll-out success. Hilary remarked that with the Pay-As- You-Throw model, the cost of recycling could actually go down for some households if they choose smaller bins. Breckenridge Summit County 20% Breckenridge has several ordinances related to waste management: Solid Waste Collection and Disposal Solid Waste and Weeds Disposable Bag Fees Trash Enclosure The Town of Breckenridge is also working with HC3 to adopt the county-wide Pay-As- You-Throw (PAYT) and Universal Recycling ordinances. The First Reading of the ordinance will be presented on July 25th, 2022. n/a Telluride n/a Telluride has had a Refuse Ordinance since 2008, setting rules for trash receptacles to ensure that local wildlife do n/a Analysis of Recycling Ordinances in Colorado not become habituated to human food sources. Telluride also has Trash Service Responsibilities with haulers in place and offers Residential Curbside Recycling; however, no ordinances exist for these practices. In 2013, Telluride introduced an Uncontained Recyclables or Refuse Ordinance to increase fines for recycling violation. There have been no recent ordinances on recycling in the last 10 years. Snowmass Village n/a Solid Waste Ordinance Recycling Ordinance Both ordinances are from 1999. Snowmass village offers the following Solid Waste services: Residential Trash Service Curbside Service The Town offers optional curbside service. Scheduled pickup for curbside customers in these locations is every Wednesday at 7:00 a.m. including all holidays. Dumpster Service All other residential customers have access to dumpster sheds located throughout the Village. Fall Leaves Residential leaves can be composted beginning in October each year. Payments for trash and recycling can be done through a municipal payment portal. Commercial Service Many different dumpster roll-off options are available to non-residential customers. These businesses can arrange for regular waste pickup. Wildlife Safety The Town’s Wildlife Ordinance requires that trash containers are not left out n/a Analysis of Recycling Ordinances in Colorado overnight, and that dumpster sights are properly closed and secured to mitigate wildlife’s access to trash. Pitkin County Landfill Credit All residents of Pitkin County receive an annual $100 credit to the landfill. This can be used for electronics, composting, yard waste, construction debris, hazardous materials, and more. Silverthorne Summit County 20% Silverthorne is also considering the Pay- As-You-Throw (PAYT) and Universal Recycling ordinances developed by HC3 and will likely decide in 2023. n/a Ord 22-14 Avo Recycling Ordinance [Work Session Draft July 26th, 2022] Page 1 of 2 ORDINANCE NO. 22-14 ENACTING CHAPTER 8.14 – RECYCLING OF THE AVON MUNICIPAL CODE, WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon (“Town”), the Town Council has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, the Town Council (“Council”) adopted the Eagle County’s Climate Action Plan, which sets forth goals including the reduction of waste going to the landfill by 30 percent by 2030. Increased participation in recycling programs and maximizing capture rate of recyclables through existing and future programs are necessary to meet and exceed this recycling goal; and WHEREAS, the current waste diversion rate in Eagle County is between 30 to 32 percent, and the diversion rate in the Town of Avon is unknown, hence the need for a Recycling Ordinance that requires hauler reporting; and WHEREAS, the Colorado Department of Public Health and Environment estimates that each person generates approximately 3,150 pounds of waste per year and a large portion of the disposed materials could be reused, recycled or put to other beneficial use, resulting in significant resource, energy, and economic savings; and WHEREAS, as the Eagle County landfill reaches permitted capacity, it is becoming more difficult and expensive to site, permit and develop new landfill capacity; WHEREAS, through the adoption of Eagle County’s Climate Action Plan, the Town of Avon established a goal of reducing community greenhouse gas emissions by 50% by 2030, and diverting waste from the landfill is one of the most cost effective and efficient ways of reducing greenhouse gas emissions resulting from landfills and new resource processing; and WHEREAS, municipalities are empowered by C.R.S § 30-15-401(1)(a)(II) to inspect vehicles proposed to operate in the conduct of business of transporting ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials; and WHEREAS, the Council finds that adopting an Avon Recycling Ordinance will promote the health, safety and general welfare of the Avon community; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 8.6 of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a Attachment 4 Ord 22-14 Avo Recycling Ordinance [Work Session Draft July 26th, 2022] Page 2 of 2 representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Enactment of Chapter 8.14 – Recycling. Chapter 8.14 – Recycling of the Avon Municipal Code is hereby enacted in its entirety as set forth in Exhibit A: Chapter 8.14 – Recycling attached to this Ordinance. Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [SIGNATURE PAGE FOLLOWS] Ord 22-XX Recycling Work Session DRAFT 7.26.22 Page 3 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on [_______________], 2022 and setting such public hearing for [_________________], 2022 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on [_______________], 2022. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Karl Hanlon, Town Attorney EXHIBIT A: CHAPTER 8.14 RECYCLING Page 1 of 6 CHAPTER 8.14 - Recycling 8.14.010 – Purpose The purpose of this Chapter is to establish policy and infrastructure to support recycling in the Town of Avon in order to promote effective and efficient recycling for Avon community. 8.14.020 – Definitions For the purposes of this Chapter, the following definitions shall apply: Base Unit of Refuse: The smallest increment of volume of refuse or solid waste collection which is no larger than 32 gallons of capacity. Commercial Customer: Any premises where a commercial, industrial, or institutional business or enterprise is undertaken, including, without limitation, retail shops and establishments, eating or drinking establishment, healthcare facilities, child daycare centers, public and private schools, professional and business offices, religious institutions, and public buildings and facilities. Discarded Materials: All putrescible and non–putrescible solid waste discarded from any residential, multi-family or commercial source including recyclable material. The term discarded materials shall exclude discarded or abandoned vehicles or parts thereof, sewage sludge, hazardous waste, materials used for fertilizer and recyclable material that have been source separated for collection. Hauler: A registered person or company in the business of collecting, transporting or disposing of discarded materials for a fee, or for no fee except as described in Subsection B. of 8.14.030. Multi-Family Customer: Any residential structure(s) that employs a communal system for solid waste and or recyclable materials collection. Non-Attractant: Any substance which does not attract wildlife. Substances that are considered to attract wildlife include food products, pet food, feed, compost, grain or salt or materials which formerly contained such items. Office Paper or cardboard that did not previously contain food are considered non-attractants. Recycling: The process of separating recyclable materials from refuse and placement for collection by a hauler for the purpose of such materials being re-used or reprocessed into new or different materials. Residential Customer: Any residential structure(s) that does not employ a dumpster or communal service for solid waste and or recyclable materials collection. Recyclable Materials: Materials from any commercial or multi-family residential property to be collected separately for the purpose of such materials being reused or repurposed or reprocessed into new or different materials. EXHIBIT A: CHAPTER 8.14 RECYCLING Page 2 of 6 Recycling Facility: A licensed Materials Recovery Facility (MRF) (e.g. the Eagle County MRF) that accepts and sorts, packages, and otherwise prepares recyclable materials to be repurposed or reprocessed into new or different materials. Refuse: As defined in Section 8.12.010 Avon Municipal Code. Refuse shall not include recyclable material. Solid Waste: All putrescible and non-putrescible waste or refuse, excluding discarded or abandoned vehicles or parts thereof, sewage sludge, hazardous waste, materials used for fertilizer and recyclable material that have been source separated for collection. Source Separation: The process by which recyclable materials are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling. 8.14.030 – Hauler Registration Requirement It shall be unlawful for any person or company to operate or conduct business as a hauler of residential, multi-family, or commercial solid waste or recyclable material without first obtaining a municipal solid waste hauler registration as set forth in this Section. (a) Applicability: 8.14.030 applies to any hauler of solid waste or recyclable material operating in the Town of Avon. (b) Exceptions: The following persons or entities are not required to obtain a municipal solid waste collection registration: 1. Any person or their designee who transports to the landfill only the refuse that person generates; 2. A civic, community, benevolent or charitable nonprofit organization collecting, transporting and marketing recyclables solely for the purpose of raising funds for a civic, community, benevolent, or charitable event; 3. A property owner or agent thereof who transports discarded materials left by a tenant upon such owner’s property, so long as such property owner is not provided compensation from tenants on a regular basis; 4. Demolition or construction contractors or landscaping companies that produce and transport discarded material produced incidentally to the demolition, construction, or landscaping work; 5. Any person who transports only liquid waste (e.g. restaurant grease or portable toilet waste); 6. The Town of Avon municipal organization and employees thereof, who transport solid waste, recyclable materials and compostable materials generated by the municipal organization, public containers, or special events; EXHIBIT A: CHAPTER 8.14 RECYCLING Page 3 of 6 7. Special event producers, who transport solid waste and recyclable materials for permitted events; 8. Companies that provide special event collection services (e.g. electronic waste collection, on-site paper shredding); and 9. Companies contracted by registered solid waste haulers. (c) Registration Process: The General Government Department shall set forth the standards for the implementation of the municipal solid waste hauler registration process including the amount of the registration fees, the designation of recyclable materials, and the schedule for collecting registration fees. 1. Proof of Insurance: Registered municipal solid waste haulers shall provide proof of general comprehensive liability / automobile insurance policy protecting the hauler from all claims for damage to property of for bodily injury, including death, which may arise from operations under or in connection with this registration and providing limits of coverage of not less than five hundred thousand dollars ($500,000) for bodily injury and property damage per occurrence or in aggregate. 8.14.040 – Municipal Solid Waste Hauler Requirement (a) Bi-Annual Reporting Required: All registered municipal solid waste haulers (the “registrant”) shall submit twice yearly reports to the General Government Department on the weight (in tons) of Solid Waste and Recyclable Materials collected within the Town limits of Avon. For loads that contain Solid Waste or Recyclable Materials originating in part from within the Town limits and in part from outside the Town limits the reported quantity may be estimated by the registered hauler but shall use an approved format provided by the Town of Avon which shall include the use of both the scale tickets and customer route sheets, and reported as an estimate. (b) Submittal Required: Bi-annual reports shall be submitted on May 1 and October 1, or on the next business day, using a format approved by the General Government Department. All reports shall be treated as confidential commercial documents under the provisions of the Colorado Open Records Act. (c) Recyclable Material Designation: Haulers may not dispose of recyclable materials set out by customers by any means other than delivering it to a MRF that sorts, packages, and otherwise prepares recyclable materials to be repurposed or reprocessed into new materials, except for materials that customers have not properly prepared for recycling or are contaminated with 25 percent or more of non-recyclable refuse, (d) Notice: Haulers of multi-family, or commercial solid waste shall give each of its customers written notice of all available service options and corresponding variable rates upon commencement of service. Written notice of the full range of services including variable rate service, container sizes, and the recycling service options including the materials that may be recycled shall be provided to all new customers upon commencing EXHIBIT A: CHAPTER 8.14 RECYCLING Page 4 of 6 service and all haulers shall provide notice at least annually to customers on the full range of services, container sizes, variable rates and recycling options including the materials that may be recycled. On or before January 31st each year the hauler shall deliver to the General Government Department a true and correct copy of the notices sent to each customer type. (e) Residential Embedded Rates: On residential customer waste bills, haulers shall combine charges for solid waste and recyclable material collection service and may not itemize them separately. (f) Residential Volume Based Rates: Haulers shall offer each of its customers the option to subscribe to different levels of service with different capacities of solid waste containers, such as 32, 64 and 96 gallon containers/carts, and shall charge their customers based on this volume of service. For residential source customers, the base unit of solid waste service shall be no larger than the approximate capacity equivalent of a 32 gallon container or cart. If a customer does not select a level of service, the provider shall establish a default minimum level of service that is not larger than 2 units of service or a single 64 gallon container or cart. (1) Variable Rates: Haulers shall charge variable rates for the corresponding level of service or units of solid waste collection for residential customers. (i) Haulers shall structure the increments of their variable rate at a multiple of the base unit of solid waste collection which is no larger than 32 gallons. The second largest increment of solid waste collection shall be no larger than two times the capacity of the base unit or no larger than 64 gallons, and the third largest increment of solid waste collection shall be no larger than two times the capacity of the second largest increment of solid waste collection. Such rate increments shall be equal to 80% or more of the charges for the base unit of collection (e.g, if $10.00 is applied to a 32 gallon container, a minimum of $18.00 shall be applied to a 64 gallon container, and a minimum of $32.40 shall be applied to a 96 gallon container). (ii) The provisions of this subsection shall not be construed to prohibit any hauler from establishing rules and regulations regarding the safe maximum weight of containers of solid waste and recyclable material containers. (iii) Nothing in this section shall be construed as prohibiting any hauler from providing separate pricing for special collection of bulky items, yard waste, contaminated recyclables, unscheduled pick-up or extra volumes of solid waste or recyclable material, or more than what was subscribed for with the hauler. (g) Commercial Embedded Rates: On commercial customer account bills, every solid waste hauler shall combine charges for solid waste and recyclable material collection service and may not itemize them separately. Haulers shall provide sufficient recyclable material capacity and frequency service to prevent an overflow of material. EXHIBIT A: CHAPTER 8.14 RECYCLING Page 5 of 6 (h) Auditing: A representative of the Town of Avon may audit a registered municipal solid waste hauler’s subscription, billing and other relevant records to determine whether or not the provider has complied with the provisions of 8.14.040 at the provider’s office located nearest to the Town of Avon during hours that the office is open for business, on at least five day’s written notice. (i) Frequency of Residential Recycling Service: Haulers shall offer each of their residential customers curbside recyclables collection service at the same frequency of all other refuse collection, no smaller than 64 gallons capacity of the designated recyclable materials. All containers are subject to the provisions of Chapter 8.32, wherein all attractants shall be stored in wildlife resistant, locked containers. Non-attractants are not required to be stored in wildlife resistant, locked containers provided they are not mixed with attractants. (j) Container Labels: Haulers shall provide labels or label all solid waste and recycling material containers indicating what materials are accepted in each container. The labels shall include pictures and words of the acceptable materials and be in both English and Spanish. 8.14.050 – Designated Recyclables List (a) Designated Recyclables (Collection): The recyclable materials that haulers are required to pick up shall be set forth in the Town’s ‘Recyclable Materials List’ which shall be prepared and may be amended as conditions change. The Recyclable Materials List shall be available for review on the Town’s website. (b) Designated Recyclables (Generators): The recyclable materials that generators are required to source separate from their solid waste shall be set forth in the Town’s ‘Recyclable Material List’ which shall be prepared and amended as conditions change. The Recyclable Materials List shall be available for review on the Town’s website. 8.14.60 – Recycling Requirements (a) Applicability. All residential which contracts for or arranges trash service by and through an owners’ association or a common service for the multi residential properties, and all commercial properties and uses, shall provide on-site service for the collection and transport of recyclable materials. This requirement shall not apply to residential properties which does not have trash service as a common service for multiple residential properties. (b) Recyclable Materials Requirements. The following minimum requirements shall apply for separation of recyclable materials: (1) All recyclable materials accumulated on any premises shall be placed in a container or containers separate from solid waste. (2) Recyclable materials shall not be placed in solid waste containers. EXHIBIT A: CHAPTER 8.14 RECYCLING Page 6 of 6 (3) No refuse, solid waste, or compost shall be placed in any recycling container. (4) Nothing in this section is intended to prevent any person from donating or selling recyclable materials generated on their premises. (c) Minimum Requirements. The following minimum requirements shall apply for all properties required to provide on-site service for collection and transport of recyclable materials. (1) All recyclable material shall be source separated, stored, and presented for collection by a registered municipal solid waste hauler. (2) It shall be the duty of any owner or occupant of any premises to ensure that containers designated for collection or disposal as solid waste do not contain recyclable materials when such containers are offered for solid waste collection. (3) It shall be the duty of any owner or occupant of any premises to ensure that they contract for recycling service or otherwise provide service for the delivery of recycling material to a MRF. The service shall be of an adequate level to prevent the designated recyclable material containers from overflowing on a regular basis. (4) The container(s) shall be wildlife resistant, and handled in accordance with Chapter 8.32, Avon Municipal Code. (5) Any owner or occupant of a commercial establishment with solid waste disposal containers available for customers or guests shall make available a container for recyclable materials that is of similar size and located in an equally convenient location. 8.14.070 – Violations – penalty Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Page 1 ORDINANCE NO. 6 SERIES 2014 AN ORDINANCE ENACTING TITLE 5, CHAPTER 12, VAIL TOWN CODE, “RECYCLING REQUIREMENTS”, ESTABLISHING REGULATIONS REGARDING RECYCLING OF DISCARDED MATERIALS BY SOLID WASTE GENERATORS, AND SERVICES PROVIDED BY SOLID WASTE SERVICES COMPANIES OPERATING IN THE TOWN OF VAIL AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the “Town”) is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the “Charter”); WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; WHEREAS, Article 5 of the Charter sets forth the procedures for amending the Vail Town Code; WHEREAS, the Town of Vail is committed to environmental protection and stewardship; WHEREAS, through the adoption of the Environmental Sustainability Strategic Plan, the Town of Vail has established a goal of reducing the waste going to the landfill by 25 percent by 2019. Increased participation in recycling programs and maximizing capture rate of recyclables through existing and future programs are necessary to meet and exceed the recycling goal; WHEREAS, the current waste diversion rate in Eagle County is between 17 and 19 percent, and the diversion rate in the Town of Vail is approximately 10 percent in the residential sector and 19 percent in the business sector, below the national average waste diversion rate of 34.5 percent; WHEREAS, The Colorado Department of Public Health and Environment estimates that each person generates approximately 3,150 pounds of waste per year and a large portion of the disposed materials could be reused, recycled or put to other beneficial use, resulting in significant resource, energy, and economic savings; WHEREAS, as the Eagle County landfill reaches permitted capacity, it is becoming more difficult and expensive to site, permit and develop new landfill capacity; WHEREAS, through the adoption of the Environmental Sustainability Strategic Plan, the Town of Vail has also established a goal of reducing community greenhouse gas emissions by 20 percent by 2020, and diverting waste from the landfill is one of the most cost effective and efficient ways of reducing greenhouse gas emissions resulting from landfills and new resource processing; Attachment 5 Page 2 WHEREAS, municipalities are empowered by C.R.S section 30-15-401(1)(a)(II) to inspect vehicles proposed to operate in the conduct of business of transporting ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials; and WHEREAS, Ordinance No. 6, Series 2014, shall be known as “The Community Wide Recycling Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. TITLE 5, CHAPTER 12, is hereby enacted as follows: 5-12-1: PURPOSE: The purpose of this Chapter is to establish policy and infrastructure to support recycling in the Town of Vail in order to reduce the town’s impact on the environment and ensure ongoing waste diversion education to residents and guests. 5-12-2: DEFINITIONS: For the purposes of this Chapter, the following definitions shall apply: Base Unit of Refuse: The smallest increment of volume of refuse or solid waste collection which is no larger than 32 gallons of capacity. Commercial Customer: Any premises where a commercial, industrial, or institutional business or enterprise is undertaken, including, without limitation, retail shops and establishments, eating or drinking establishment, healthcare facilities, child daycare centers, public and private schools, professional and business offices, religious institutions, and public buildings and facilities. Discarded Materials: All putrescible and non–putrescible solid waste discarded from any residential, multi-family or commercial source including recyclable material. The term discarded materials shall exclude discarded or abandoned vehicles or parts thereof, sewage sludge, hazardous waste, materials used for fertilizer and recyclable material that have been source separated for collection. Hauler: A registered person or company in the business of collecting, transporting or disposing of discarded materials for a fee, or for no fee except as described in Subsection B. of 5-12-3. Multi-Family Customer: Any residential structure(s) that employs a communal system for solid waste and or recyclable materials collection. Non-Attractant: Any substance which does not attract wildlife. Substances that are considered to attract wildlife include food products, pet food, feed, compost, grain or salt or materials which formerly contained such items. Office Paper or cardboard that did not previously contain food are considered non-attractants. Page 3 Recycling: The process of separating recyclable materials from refuse and placement for collection by a hauler for the purpose of such materials being re-used or reprocessed into new or different materials. Residential Customer: Any residential structure(s) that does not employ a dumpster or communal service for solid waste and or recyclable materials collection. Recyclable Materials: Materials from any commercial, multi-family, or residential source to be collected separately for the purpose of such materials being repurposed or reprocessed into new or different materials. Recycling Facility: A licensed Materials Recovery Facility (MRF) (e.g. the Eagle County MRF) that accepts and sorts, packages, and otherwise prepares recyclable materials to be repurposed or reprocessed into new or different materials. Refuse: As defined in 5-9-2, Vail Town Code. Refuse shall not include recyclable material. Solid Waste: All putrescible and non-putrescible waste or refuse, excluding discarded or abandoned vehicles or parts thereof, sewage sludge, hazardous waste, materials used for fertilizer and recyclable material that have been source separated for collection. Source Separation: The process by which recyclable materials are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling. 5-12-3: HAULER REGISTRATION REQUIREMENT: It shall be unlawful for any person or company to operate or conduct business as a hauler of residential, multi- family, or commercial solid waste or recyclable material without first obtaining a municipal solid waste hauler registration as set forth in this Section. A. Applicability: 5-12-3 applies to any hauler of solid waste or recyclable material operating in the Town of Vail. B. Exceptions: The following persons or entities are not required to obtain a municipal solid waste collection registration: 1. Any person or their designee who transports to the landfill only the refuse that person generates 2. A civic, community, benevolent or charitable nonprofit organization collecting, transporting and marketing recyclables solely for the purpose of raising funds for a civic, community, benevolent, or charitable event 3. A property owner or agent thereof who transports discarded materials left by a tenant upon such owner’s property, so long as such property owner is not provided compensation from tenants on a regular basis Page 4 4. Demolition or construction contractors or landscaping companies that produce and transport discarded material produced incidentally to the demolition, construction, or landscaping work 5. Any person who transports only liquid waste (e.g. restaurant grease or portable toilet waste) 6. The Town of Vail municipal organization and employees thereof, who transport solid waste, recyclable materials and compostable materials generated by the municipal organization, public containers, or special events 7. Special event producers, who transport solid waste and recyclable materials for permitted events 8. Companies that provide special event collection services (e.g. electronic waste collection, on-site paper shredding) 9. Companies contracted by registered solid waste haulers C. Registration Process: The Town of Vail Community Development Department shall set forth the standards for the implementation of the municipal solid waste hauler registration process including the amount of the registration fees, the designation of recyclable materials, and the schedule for collecting registration fees. 1. Proof of Insurance: Upon request, registered municipal solid waste haulers shall provide proof of general comprehensive liability / automobile insurance policy protecting the hauler from all claims for damage to property of for bodily injury, including death, which may arise from operations under or in connection with this registration and providing limits of coverage of not less than five hundred thousand dollars ($500,000) for bodily injury and property damage per occurrence or in aggregate. 5-12-4: MUNICIPAL SOLID WASTE HAULER REQUIREMENTS A. Bi-Annual Reporting Required: All registered municipal solid waste haulers (the “registrant”) shall submit twice yearly reports to the Community Development Department on the weight (in tons) of Solid Waste and Recyclable Materials collected within the Town limits of Vail. For loads that contain Solid Waste or Recyclable Materials originating in part from within the Town limits and in part from outside the Town limits the reported quantity may be estimated by the registered hauler but shall use an approved format provided by the Town of Vail which shall include the use of both the scale tickets and customer route sheets, and reported as an estimate. B. Submittal Required: Bi-annual reports shall be submitted on May 1 and October 1, or on the next business day, using a format approved by the Community Development Department. All reports shall be treated as confidential commercial documents under the provisions of the Colorado Open Records Act. C. Recyclable Material Designation: Except for materials that customers have not properly prepared for recycling and so are contaminated 25 percent or Page 5 more of non-recyclable refuse, haulers may not dispose of recyclable materials set out by customers by any means other than delivering it to a MRF that sorts, packages, and otherwise prepares recyclable materials to be repurposed or reprocessed into new materials. D. Notice: Haulers of residential, multi-family, or commercial solid waste shall give each of its customers written notice of all available service options and corresponding variable rates upon commencement of service. Written notice of the full range of services including variable rate service, container sizes, and the recycling service options including the materials that may be recycled shall be provided to all new customers upon commencing service and all haulers shall provide notice at least annually to customers on the full range of services, container sizes, variable rates and recycling options including the materials that may be recycled. On or before January 31st each year the hauler shall deliver to the Community Development Department a true and correct copy of the notices sent to each customer type. E. Residential Embedded Rates: On residential customer waste bills, haulers shall combine charges for solid waste and recyclable material collection service and may not itemize them separately. F. Residential Volume Based Rates: Haulers shall offer each of its customers the option to subscribe to different levels of service with different capacities of solid waste containers, such as 32, 64 and 96 gallon containers/carts, and shall charge their customers based on this volume of service. For residential source customers, the base unit of solid waste service shall be no larger than the approximate capacity equivalent of a 32 gallon container or cart. If a customer does not select a level of service, the provider shall establish a default minimum level of service that is not larger than 2 units of service or a single 64 gallon container or cart. 1. Variable Rates: Haulers shall charge variable rates for the corresponding level of service or units of solid waste collection for residential customers. a. Haulers shall structure the increments of their variable rate at a multiple of the base unit of solid waste collection which is no larger than 32 gallons. The second largest increment of solid waste collection shall be no larger than two times the capacity of the base unit or no larger than 64 gallons, and the third largest increment of solid waste collection shall be no larger than two times the capacity of the second largest increment of solid waste collection. Such rate increments shall be equal to 80% or more of the charges for the base unit of collection (e.g, if $10.00 is applied to a 32 gallon container, a minimum of $18.00 shall be applied to a 64 gallon container, and a minimum of $32.40 shall be applied to a 96 gallon container). b. The provisions of this subsection shall not be construed to prohibit any hauler from establishing rules and regulations regarding the Page 6 safe maximum weight of containers of solid waste and recyclable material containers. c. Nothing in this section shall be construed as prohibiting any hauler from providing separate pricing for special collection of bulky items, yard waste, contaminated recyclables, unscheduled pick-up or extra volumes of solid waste or recyclable material, or more than what was subscribed for with the hauler. G. Commercial Embedded Rates: On commercial customer account bills, every solid waste hauler shall combine charges for solid waste and recyclable material collection service and may not itemize them separately. Haulers shall provide sufficient recyclable material capacity and frequency service to prevent an overflow of material. H. Auditing: A representative of the Town of Vail may audit a registered municipal solid waste hauler’s subscription, billing and other relevant records to determine whether or not the provider has complied with the provisions of 5-12-4 at the provider’s office located nearest to the Town of Vail during hours that the office is open for business, on at least five day’s written notice. I. Frequency of Residential Recycling Service: Haulers shall offer each of their residential customers curbside recyclables collection service at the same frequency of all other refuse collection, no smaller than 64 gallons capacity of the designated recyclable materials. All containers are subject to the provisions of Section 5-9, Vail Town Code, wherein all attractants shall be stored in wildlife resistant, locked containers. Non-attractants are not required to be stored in wildlife resistant, locked containers provided they are not mixed with attractants. J. Container Labels: Haulers shall provide labels or label all solid waste and recycling material containers indicating what materials are accepted in each container. The labels shall include pictures and words of the acceptable materials and be in both English and Spanish. 5-12-5: DESIGNATED RECYCLABLES LIST A. Designated Recyclables (Collection): The recyclable materials that haulers are required to pick up shall be set forth in the Town’s ‘Recyclable Materials List’ which shall be prepared and may be amended as conditions change. The Recyclable Materials List shall be available for review on the Town’s website. B. Designated Recyclables (Generators): The recyclable materials that generators are required to source separate from their solid waste shall be set forth in the Town’s ‘Recyclable Material List’ which shall be prepared and amended as conditions change. The Recyclable Materials List shall be available for review on the Town’s website. Page 7 5-12-6: RECYCLING REQUIREMENTS A. Placement of Recyclable Materials and Solid Waste for Pick Up: 1. All recyclable materials accumulated on any premises shall be placed in a container or containers separate from solid waste. 2. Recyclable materials shall not be placed in solid waste containers. 3. No refuse, solid waste, or compost shall be placed in any recycling container. 4. Nothing in this section is intended to prevent any person from donating or selling recyclable materials generated on their premises. B. Requirement for Recycling Service: 1. All recyclable material shall be source separated, stored, and presented for collection by a registered municipal solid waste hauler. 2. It shall be the duty of any owner or occupant of any premises to ensure that containers designated for collection or disposal as solid waste do not contain recyclable materials when such containers are offered for solid waste collection. 3. It shall be the duty of any owner or occupant of any premises to ensure that they contract for recycling service or otherwise provide service for the delivery of recycling material to a MRF. The service shall be of an adequate level to prevent the designated recyclable material containers from overflowing on a regular basis. 4. The container(s) shall be wildlife resistant, and handled in accordance with Title 5, Chapter 9, Vail Town Code, employing a latching mechanism on the access door sufficient to defeat attempts by wildlife to enter. a. Exception: Recycling containers greater than 20 cubic yards of capacity. 5. Any owner or occupant of a commercial establishment with solid waste disposal containers available for customers or guests shall make available a container for recyclable materials that is of similar size and located in an equally convenient location. Page 8 5-12-7: VIOLATIONS AND ENFORCEMENT A. Violations (Hauler): It shall be unlawful for haulers to: 1. Fail or refuse to follow the requirements for registration of this chapter or; 2. Aid or abet another in any attempt to evade any requirements imposed by this chapter. 3. Violation of provisions of the ordinance shall be subject to penalties according to Section 1-4-1, Vail Town Code. B. Violations (Generator): It shall be unlawful for any owner or occupant of any residential, multi-family, or commercial premises to: 1. Fail or refuse to follow the requirements imposed by this chapter 2. Aid or abet another in any attempt to evade any requirements imposed by this chapter. 3. Violation of provisions of the ordinance shall be subject penalties according to Section 1-4-1, Vail Town Code. C. Enforcement: Town of Vail police and code enforcement officers shall have the authority to issue a warning notice or a summons and complaint to any person in violation of this chapter. D. Penalty Assessment: A resident or owner/occupant of a commercial establishment shall be deemed to have been issued an appropriate notice of violation if it is personally served upon the resident or owner/occupant, placed in the U.S. mail, postage prepaid and addressed to the resident or owner/occupant according to the last known address given by the resident or owner/occupant to any town of Vail or Eagle County government department. If the identity of the resident is not known, the entity responsible for payment of refuse removal services for the subject location will be held responsible for complying with this chapter and for any penalties assessed pursuant to the same. Section 7. Effective Date: Ordinance 6, Series 2014, shall be in effect as of June 1, 2014. Section 8. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 9. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Page 9 h Section 10. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 11. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST AND FINAL READING this 18th day of February, 2014 and a public hearing for second reading of this Ordinance set for the 4th day of March, 2014, in the Council Chambers of the Vail Municipal Building, Vail Colorado. ________________________ Andrew P. Daly, Mayor ATTEST: __________________________ Tammy Nagel, Acting Town Clerk INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON SECOND AND FINAL READING this __ day of ___, 2014, in the Council Chambers of the Vail Municipal Building, Vail Colorado. ________________________ Andrew P. Daly, Mayor ATTEST: __________________________ Tammy Nagel, Acting Town Clerk 1 TOWN OF FRISCO COUNTY OF SUMMIT STATE OF COLORADO ORDINANCE 22 – 04 AN ORDINANCE AMENDING CHAPTER 124 OF THE CODE OF ORDINANCES OF THE TOWN OF FRISCO, COLORADO, CONCERNING PUBLIC HEALTH AND SAFETY, BY ADDING A NEW ARTICLE III THEREOF TO: (I) ESTABLISH COMPREHENSIVE REGULATIONS TO REQUIRE THE COLLECTION OF RECYCLABLE MATERIALS BY TRASH HAULERS; (II) TO REQUIRE TRASH HAULING SERVICE PRICING MECHANISMS (KNOWN AS “PAY AS YOU THROW”) THAT ARE DESIGNED TO REDUCE THE CREATION OF SOLID WASTE AND INCREASE THE RECYCLING OF RECOVERABLE MATERIALS; AND (III) SETTING FORTH PENALTIES FOR THE VIOLATION THEREOF. WHEREAS, in August of 2005, the Summit County Board of County Commissioners approved Resolution No. 2005-64 to establish a zero waste goal through the promotion of reduced consumption, reuse of materials and increased recycling until the concept of a landfill is obsolete; and WHEREAS, in February of 2017, Summit County and the Towns of Breckenridge, Dillon and Frisco approved an intergovernmental agreement to establish the Summit County Resource Allocation Park as the exclusive solid waste disposal site of all Trash generated within the unincorporated areas of Summit County and within the incorporated areas of these towns, and the intent for a shared Licensed Hauler program; and WHEREAS, in April of 2017, the Summit County Board of County Commissioners approved Ordinance No. 2(A) for the collection, transportation and disposal of solid waste including annual Licensed Hauler requirements; and WHEREAS, in 2018, Summit County developed a Climate Action Plan that established goals for increasing the landfill diversion rate to 40% by 2035, and reducing greenhouse gas emissions from waste 50% by 2030, and 90% by 2050 from 2017 levels. WHEREAS, The Town Council of the Town of Frisco finds that collection services and pricing structures that incentivize the separation of recoverable materials from the waste stream in the Town of Frisco are necessary to maximize the useful life of the Summit County Resource Allocation Park landfill and to reduce the consumption of non-renewable resources, and thereby protect the public health and welfare. WHEREAS, residential and commercial generators of solid waste need to separate recoverable materials to allow effective collection in a safe and efficient manner. Attachment 6 2 WHEREAS, pursuant to its home-rule authority and CRS 31-15-401, the Town of Frisco has authority to regulate solid waste haulers and adopt other requirements necessary to promote the public health and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF FRISCO THAT: Section 1. Chapter 124 of the Code of Ordinances of the Town of Frisco (the “Code”), concerning public health and safety, is hereby amended by the addition of a new Article III, concerning requirements for trash hauler recycling service, to read as follows: ARTICLE III Waste Reduction and Recycling § 124-24. Definitions. As used in this Article, the following words shall have the following meanings. Where terms are not defined, they shall have their ordinarily accepted meaning within the context that they are used. Base Unit Rate means the residential rate established by a Licensed Hauler for the combined service level including the Small Trash Container and any Recycling Container and shall be the basis of the Licensed Hauler’s Volume-Based Service Rate for all other service levels. Bin means any bin, can or similar vessel with or without a lid or closed top used by Commercial Customers for the collection of Solid Waste in employee spaces, lodging units, common or other areas prior to placement in Trash, Recyclables or Organic Containers for service by a Licensed Hauler. Commercial Customer means any property located in the Town of Frisco where Multi-Family Property operates or a business, industrial or institutional enterprise is carried out, including without limitation retail establishments, restaurants, hospitals, schools, day care centers, office buildings, nursing homes, clubs, churches and public facilities regardless of container type. Common Area means areas, rooms, spaces or elements inside or outside of a Multi-Family Property, business, industrial or institutional property that are made available to tenants, occupants or guests of the property. Container means any rigid cart, dumpster or other Container with a lid or closed top that is provided by or to customers for Solid Waste for collection by Licensed Haulers. Containers shall be further defined as: 3 i. “Small” if their volume capacity ranges from not less than 30 to not more than 39 gallons ii. “Medium” if their capacity ranges from not less than 60 to not more than 69 gallons – two Small Containers may provide the equivalent of a Medium Container iii. “Large” if their capacity ranges from not less than 90 to not more than 99 gallons – a mix of Small and Medium Containers may provide the equivalent of a Large Container iv. “Other” if they are a dumpster or other Container for the collection of Trash or Recyclables with more than 99-gallon capacity County Manager means the County Manager of Summit County or the manager’s designee. Drop-Off Center means public drop sites owned and operated by Summit County for the free collection of Recyclables, Organics and other materials as established by the County Manager. The drop-off centers are part of the Summit County Resource Allocation Park; the depositing of Solid Waste at such centers shall be treated as depositing such Solid Waste at the SCRAP. Glass means those glass materials established as acceptable Recyclables by the County Manager but that shall only be accepted as a discrete materials stream collected in a separate Container and not mixed with other Recyclables. Group Account means any group of Residential Customers that have individual Trash Containers but receive Solid Waste collection under a subscription or contract that collectively serves multiple residences. If a Group Account changes to shared Trash Containers, it shall be considered a Commercial Customer. Hauler means any person or company in the business of collecting, transporting or disposing of Solid Waste for a fee or other compensation to a transfer station, recycling facility, disposal site or other like facility. Hazardous Materials shall have the meaning as defined in the United States Hazardous Materials Transportation Act (49 USC Section 5101). Hotels and Motels means any property in which lodging is provided to transient guests for compensation but excludes boarding or rooming facilities, tourist homes or Short-Term Rentals. Landfill means the Summit County Resource Allocation Park landfill located at 639 Landfill Road in Summit County and shall not be construed to reference other regional disposal facilities. 4 Licensed Hauler means any Hauler with a current operating license issued by the Town of Frisco. Multi-Family Property means any property or properties that include(s) residential units located in the Town of Frisco that share one or more Trash Containers and for which collection is provided under a discrete service subscription or contract for that property or multiple properties. On-Call Collection Customer means any Residential or Commercial Customer that receives Trash collection service on an irregular or unscheduled basis. Qualified Facility means a facility that arranges for or causes the recovery of one (1) or more Recyclable or Organic materials including items for reuse, remanufacturing, reclaiming, recycling, mulching, composting or other action that allows the resource to be recovered, and is compliant with any local, state and federal standards that may be established to regulate or designate such facilities. Recoverable Material means any material that can be reused, remanufactured, reclaimed, recycled, mulched, composted or other action that allows the resource to be conserved. Recoverable Materials shall include those Recyclables designated by the County Manager but may exclude any Recyclables with 15% or more contamination by volume. Recyclable means Solid Waste from any residential, commercial or other source that is collected separately from Trash for the purpose of such material being re-processed into new or different products or packaging materials. Recyclables shall include those materials designated by the County Manager including: i. Commingled materials that Licensed Haulers shall collect from any customer at the customer’s location – commingled materials may be collected in single- or multiple streams but do not include Glass or other separated materials ii. Glass and other separated materials accepted for collection as a discrete materials stream in a separate Container from other Recyclables Residential Customer means an individual or individual residential property located in the Town of Frisco that has a discrete Trash Container and collection provided under a discrete service subscription or contract for that property or for multiple residents if a Group Account. Short-Term Rental means an arrangement for one party living in or using a property owned by another party for any period of time less than 30 consecutive days. Solid Waste means all putrescible and non-putrescible materials discarded from any source including Recyclables. Solid wastes shall exclude liquid wastes, sewage, sewage sludge, septic tank or cesspool pumping’s; sand, asphalt, concrete, gravel, rock, dirt or other segregated construction materials to be used or reused in any construction project; 5 timber, wood chips or vegetative matter hauled from the property where it is cut; agricultural wastes, solid or dissolved materials in irrigation return flows; industrial discharges which are point sources subject to licenses under the provisions of the Colorado Water Quality Control Act; materials handled at facilities licensed pursuant to the provisions on radiation control in Article 11 of Title 25, C.R.S.; waste material under the jurisdiction of and regulated by the Mined Land Reclamation Board except such non-hazardous wastes as may be deposited at a commercial solid waste facility; exploration and production waste as defined in Section 34-60-103(4.5), C.R.S., except such non-hazardous wastes as may be deposited at a commercial solid waste facility; excluded scrap metal that is being recycled; shredded circuit boards that are being recycled; discarded or abandoned vehicles or parts thereof; residential appliances; materials used as fertilizers or for other productive purposes; household hazardous wastes; and hazardous materials as defined in the rules and regulations adopted by the Hazardous Materials Transportation Act of 1987. Summit County Resource Allocation Park is also known as “SCRAP” and means the publicly owned and operated non-hazardous waste facility for the management of Trash and Recoverable Materials. Town Manager means the Town Manager of the Town of Frisco or the manager’s designee. Trash means any Solid Waste accepted at the Summit County Resource Allocation Park excepting Recoverable Materials. Valet Collection Customers means those Residential Customers who receive regular, scheduled Trash collection service but require manual retrieval or replacement from an enclosed property, garage, home or other location. Volume-Based Service Rates means residential collection rates based on the Trash Container size and intended to provide equitable service pricing and an incentive for landfill diversion. Residential Volume-Based Service Rates include the cost of both Trash and Recyclables collection in a single, bundled rate. § 124-25. General requirements and exemptions. A. Recoverable Materials Management. It shall be unlawful for an individual, entity or Licensed Hauler to mix Recoverable Materials that have been collected separately from Trash with other Solid Waste or to dispose of Recoverable Materials by any means other than at a Qualified Facility. B. Permanent Exemptions. The following individuals or entities are exempted from the provisions of this Article, but may be required to provide documentation to verify eligibility for this exemption provided that all Recoverable Material is delivered to a Qualified Facility: 1. Residential or Commercial Customers who self-haul only the Trash that customer generates, or who transports Solid Waste for another individual without compensation; 6 2. On-Call Collection Customer with Trash collection less than once per calendar month – when Trash collection service increases to more than once in any calendar month, On- Call Customers shall be subject to the recycling requirements as described in this Article; 3. A civic, community, benevolent or charitable non-profit organization whose primary business is not the collection of Solid Waste that collects, hauls and markets Recoverable Materials solely for raising funds for a charitable, civic or benevolent activity; 4. A property owner or agent thereof who hauls Solid Waste left by a tenant upon such owner’s property so long as such property owner does not provide collection service for compensation for tenants on a regular or continuing basis; 5. Furniture or appliance vendors and their delivery agents who deliver furniture or appliances sold by such vendor and dispose of the purchaser’s used furniture or appliances being replaced by such purchase; 6. A demolition, construction or landscaping contractor who produces and transports Solid Waste in the course of its performance of a project, where the Solid Waste produced is incidental to the particular demolition, construction or landscaping work being performed by such contractor; 7. Haulers engaged solely in the transport of discarded materials that are expressly excluded from the definition of Solid Waste in this ordinance and regulations promulgated hereunder; and 8. Any other similarly situated individuals or entities determined to be exempt, in writing, by the Town Manager C. Recyclables Only Exemption. An individual or entity that generates only Recyclables placed curbside for pick up by a Licensed Hauler is exempt from Volume-Based Service Rates and Trash collection requirements. Any self-hauled Recyclables shall be delivered to a Qualified Facility. D. Containers. All Solid Waste Containers shall be of a sufficient capacity and collected at a frequency to allow Container lids to fully close, to prevent material overflow outside of the Container and to prevent any public health danger, fire danger or inhibition of the public right- of-way. Containers shall be maintained in a clean and sanitary condition. It shall be unlawful for any individual or entity to knowingly designate or represent any Container as having a volume different from said Container’s capacity and to place said Container for collection. E. Wildlife-Resistance. Solid Waste may be placed for collection only when fully contained within a Container. No Solid Waste may be placed in a paper or plastic bag, or other object that is not a Container. Any container placed for curbside Solid Waste pick-up shall be kept closed and secured with no gap between the Container and the lid until it has been emptied by a Licensed Hauler and moved back to its normal location. Receptacles may be placed for 7 collection only after six o'clock (6:00) A.M. on the day of pick up. After pick-up, each Container must be moved back to its normal location by ten o'clock (10:00) P.M. of the same day. F. Recyclable Ownership. All Recyclables placed for collection shall be owned by and be the responsibility of the Residential Customer or Commercial Customer until placed for collection, and then shall become the property and responsibility of the Licensed Hauler. Except for purpose of inspection to ensure compliance with the requirements of this Article, no person other than the customer or Licensed Hauler shall take possession of any Recyclables placed for collection. G. Illegal Dumping or Accumulation. It shall be unlawful for any individual or entity to dump, allow to be deposited or accumulate any Solid Waste upon any public or private property, in any public right-of way, or upon the alleys behind or the sidewalks or roadways in front of any property, including construction sites. H. Litter and Odor. Every owner or occupant of premises within the Town of Frisco shall keep the area within a reasonable vicinity of their Solid Waste storage facility free of Solid Waste materials except as may be contained within a Container. Any person or entity transporting Solid Waste within the Town of Frisco shall prevent any Solid Waste from falling or blowing from any Container or collection vehicle and shall use a watertight vehicle with a cover, tarp or other containment to prevent litter and offensive odors in accordance with CRS 42-4-1407. I. Ashes. Any solid residue left from burning combustible materials shall be placed in a suitable container separate from other Solid Waste. § 124-26. Hauler licensing and reporting requirements. A. License required. No Hauler shall engage in the collection of Solid Waste within the Town of Frisco without first obtaining and having in full force and effect a business license from the Town pursuant to the Article I of Chapter 110 of this Code. Compliance with the requirements and limitations of this Article shall be conditions of license renewal; non-compliance shall be considered grounds for license suspension or revocation in accordance with Article I of Chapter 110 of this Code in addition to any penalties established by this Article. B. Bi-Annual Reporting. Each Hauler that operates within the Town of Frisco shall provide the reports required by this Section. The reporting periods shall be January 1st through June 30th and July 1st through December 31st of every year. Reports shall be submitted within thirty (30) days of the end of each reporting period. The first report under this Section shall be submitted for the period ending June 30th, 2023. Reporting shall be completed on-line using the reporting form provided by the Town of Frisco and shall provide the following information: 8 1. Weight-based totals for Solid Waste quantities collected within the Town of Frisco, including regular collections, Valet Collection Customer and On Call Trash Customer quantities on the following basis: Residential Trash, Recyclables without Glass, Glass (if any), Organics (if any) and other Recoverable Materials Commercial Trash, Recyclables without Glass, Glass (if any), Organics (if any) and other Recoverable Materials Acceptable estimations for generating weight-based totals include: Residential may be defined as cart or rear-load collection and commercial may be defined as non-cart or front-load collection for the purposes of reporting only Volume-to-weight conversions based on factors established by the Colorado Department of Public Health & Environment or others approved by the Town of Frisco Licensed Hauler estimate of residential & commercial quantities in mixed loads Licensed Hauler estimate of Town of Frisco quantities in mixed loads including both Town of Frisco and non-Town of Frisco generated Solid Waste; 2. Customer account totals: All Residential Customers including regular customers, Valet Collection and On Call Trash Customers with Trash, Recyclables without Glass, Glass (if any) & Organic (if any) accounts All Commercial Customers with Trash, Recyclables without glass, Glass (if any) & Organic (if any) accounts For purposes of this reporting, Residential may be defined as cart or rear-load collection and commercial may be defined as non-cart or front-load collection for the purposes of reporting only; 3. Residential Customer service and pricing options including Group Account options; 4. A list of Qualified Facilities where Recoverable Materials are delivered for recycling or other management and any transfer station or landfill facilities used if other than the SCRAP facilities; and 5. A copy of required customer service notices. 9 C. Quarterly Reporting. Each Hauler that operates within the Town of Frisco shall provide the reports required by this Section. The reporting periods shall be January 1st through March 31st, April 1st through June 30th, July 1st through September 31st, and October 1st through December 31st of every year. Reports shall be submitted within thirty (30) days of the end of each reporting period. The first report under this Section shall be submitted for the period ending June 30th, 2023. Reporting shall be completed on-line using the reporting form provided by the Town of Frisco and shall provide the following information: 1. Customer accounts that refuse service as required by this Article; and 2. Residential streets or neighborhoods, Group Accounts, commercial clusters or other areas of multiple customers with repeated Recyclables contamination and/or Trash overflows. D. Copy of License. Licensed Haulers shall maintain a copy of the Town of Frisco license in each collection vehicle and at the company location listed on the license application. E. Operational, Service or Rate Changes. Licensed Haulers shall provide written notification to the Town Manager prior to the implementation of any change to customer account types, services provided to any account type, rates or Service Surcharges (if any) for its Residential Customers or Commercial Customers. Notification of any change in Qualified Facilities shall also be made. F. Inspections. All Licensed Hauler vehicles are subject to inspection by the Town of Frisco to verify compliance with these Regulations. G. Records. All Licensed Haulers shall maintain accurate and complete records of any data necessary for reporting under this Article or to determine compliance with the requirements of this Article for a period of three (3) years from the end of each calendar year. H. Audits. All Licensed Haulers shall make its records available to the Town Manager for audit during regular business hours for the verification of compliance with this Article. § 124-27. Hauler service requirements. A. Residential Collection Service. With the exception of On-Call Collection Customers and Valet Collection Customers whose regular Trash collection service is less frequent than every other week, Licensed Haulers shall provide, or verify that each Residential Customer has provided, a Trash Container and Recyclables Container. In addition: 1. In offering or arranging for service, Licensed Haulers shall provide each customer with a reasonable description of the full range of Trash and Recyclables Container options, Volume-Based Service Rates and Service Surcharges (if any) and any other costs for extra service; 10 2. Residential Customer collections may include separate Glass collection at the Licensed Hauler’s discretion; 3. For each Residential Customer, a Licensed Hauler shall: Offer at least three (3) Trash Container sizes and service for Small, Medium and Large Trash Containers for customer selection – if a customer does not make a selection the Licensed Hauler shall provide a Medium Trash Container; Provide a Medium Recyclables Container unless the customer requests a Small or Large Container prior to Container delivery; Provide weekly Trash collection – unless customer requests every- other-week service which shall be assessed at a rate lower than weekly service for the same Container; and Provide every-other-week Recyclables collection on the same day of the week as Trash collection – more frequent Recyclables collection may be provided at the Licensed Hauler’s discretion; 4. Licensed Haulers may provide additional Large Trash Containers to any Residential Customer with Large Trash service at the customer’s request provided that the Licensed Hauler assesses a fee that reflects the full Volume-Based Service Rate for each Large Trash Container; and 5. Licensed Haulers may provide additional Recyclables Containers to any Residential Customer to prevent overflow and mixing Recyclables with Trash. B. Residential Volume-Based Service Rates. Licensed Haulers shall assess Volume-Based Service Rates for the total cost of residential Trash and Recyclables collection based on the Trash Container size. Licensed Haulers may establish any Base Unit Rate for the Small Trash service level and shall establish rates that incrementally increase the Base Unit Rate by no less than eighty percent (80%) for the Medium service level and by no less than one hundred and sixty percent (160%) for the Large service level. Volume-Based Service Rate example – if the Licensed Hauler Unit Base Rate is $20/month for Trash and Recyclables collection, the Medium Trash Container service level shall be not less than $36/month and the Large Trash Container service level shall be not less than $52/month Volume-Based Service Rate example – if a customer opts to have two Large Trash Containers with the pricing used in the example 11 above the monthly rate would be not less than $104 for Trash and Recyclables collection 1. The rates assessed by Licensed Haulers for Residential Customer Trash and Recyclables collection shall be bundled as one price and shall not be reduced to exclude the cost of recycling service regardless of customer request or declination of service - each customer bill shall include a statement identifying the requirement for Recyclables collection as a matter of law. 2. Volume-Based Service Rates shall be inclusive of regular Container and not be assessed at an additional cost. 3. Customers may provide Trash and/or Recyclables Containers but each Container shall comply with the size restrictions required by these Regulations and any specifications established by the Licensed Hauler for safety and compatibility with collection equipment including cart tippers, gripper arms or others. Licensed Haulers are not required to reduce Volume-Based Service Rates for customers who provide their own Containers. 4. Service Surcharges assessed to cover fluctuating operating costs outside of the Licensed Hauler’s control such as fuel costs or market-based recycling fees shall not exceed twenty five percent (25%) of the Base Unit Rate, shall be applied to every Residential Customer service level option equally and each charge shall be clearly shown on each customer bill. 5. For Group Accounts: a. Licensed Haulers shall provide Trash collection service in a manner that results in a selection by each individual resident of a level of service from the range of Volume-Based Service Rate options, and shall negotiate a written contract with the Group Account representative; and b. For Group Accounts with an existing Licensed Hauler contract for Solid Waste collection services that precedes the effective date of these Regulations compliance with subpart a above may be delayed up to one (1) year or the end of the existing Licensed Hauler contract term, whichever occurs first. C. Commercial Collection Service. Licensed Haulers shall provide Commercial Customers, On- Call Collection Customers with Trash collection more than once in any calendar month, and Valet Collection Customers with Trash collection at least asless frequent asthan every other week with a Recyclables Container or Containers such that Containers are not overloaded, 12 and materials are not accumulated outside of Containers. The Recyclables Container volume capacity provided shall be at least one-half (1/2) of the Trash Container volume capacity based on the size of all Trash Containers and collection frequency in place on the effective date of these Regulations. Recyclables Container capacity examples: Valet Collection Customer – if customer has 96-gallon Trash Container collected weeklymonthly, the Licensed Hauler shall provide at least the equivalent of a 96-gallon Recyclables Container collected every-other-weekmonth Commercial Customer example – if entity has a 6-cubic yard Trash Container collected twice/week, the Licensed Hauler shall provide at least the equivalent of a 6-cubic yard Recyclables Container collected once/week Commercial Trash compactor example - the Recyclables Container capacity shall be at a minimum equal to the volume of the Trash compactor charge box or 8 cubic yards collected at the same equivalency of the trash compactor, whichever is smaller 1. Rates assessed by Licensed Haulers for Trash and Recyclables collection for On-Call and Valet Collection Customers and Commercial Customers may be itemized separately on customer bills but shall not be reduced to exclude the cost of recycling service regardless of customer request or declination of service - each customer bill shall include a statement identifying the requirement for Recyclables collection as a matter of law. 2. Glass Collection Service – Licensed Haulers shall provide and service a Container for Glass and keep Glass materials separate from other Recyclables upon the request of any Commercial Customer. 3. Equal Collection Priority – Licensed Haulers shall give the hauling of Recyclables and Organics (if any) to all customers the same priority as is given to the hauling of Trash. D. Trash and Recyclables Container Labelling. Licenses Haulers shall ensure that: 1. All Containers provided by Licensed Haulers are labelled with current Licensed Hauler name and contact information - any other information shall be removed or covered; 2. Recyclable Containers, regardless of whether provided by the Licensed Hauler or customer, shall include conspicuous and durable signage 13 provided by Summit County that describes acceptable and unacceptable Recyclables – any outdated information shall be removed or covered; and 3. All labels shall be weather-resistant and conspicuously placed. E. Wildlife-Resistant Trash Containers. Upon a request from any customer, Licensed Haulers shall provide wildlife-resistant Containers, locking device or similar mechanism. Nothing in these Regulations prevents the Licensed Hauler from assessing additional fees for wildlife- resistant Trash Container rental or service provided such costs are itemized on each customer bill. F. Recyclables Containers. Recyclables Containers provided for any customer by Licensed Haulers shall be clearly distinguishable from Trash Containers. Recyclable Containers shall be located proximal to and as convenient as Trash Containers. G. Recyclables Contamination. Licensed Haulers shall dispose of Recyclables only at a Qualified Facility unless the Recyclables are contaminated with at least fifteen percent by volume (15%) non-Recyclables. Licensed Haulers may refuse to service any Recyclables Container with fifteen percent (15%) or more contamination by volume and shall not be required to credit the customer for such refused service or may elect to service the Recyclables Container as a Trash Container and bill the customer accordingly; any Container so managed shall be prominently affixed with a tag identifying it as contaminated at the time of service. H. Trash Overloading . Licensed Haulers shall not service any overloaded Trash Container that does not fully close or allows trash outside of the Container unless the Licensed Hauler accounts for and bills the customer for all Trash located outside the Container at a rate that is at least equal to the overloaded Container; any Container so managed shall be prominently affixed with a tag identifying it as overloaded at the time of service. I. Vehicle Overloading . Registered Haulers shall comply with State of Colorado vehicle weight limitations pursuant to CRS Sections 42-4-507 and 42-4-508. J. Customer Education. Licensed Haulers shall notify all Residential and Commercial Customers of the provisions and guidelines related to this Article. All notification and guidelines shall be distributed by electronic mail or hard copy delivery to the customer account unless otherwise noted below: 1. All customers shall receive a written service notification of Container options including specifications of customer-provided Containers, residential and commercial collection rates, Service Surcharges (if any) and any other costs for extra services upon initial provision of service, within thirty (30) days prior to any rate change and annually by December 31st of each year; and 14 2. Licensed Haulers shall maintain a website that includes current residential and commercial collection options, rates and a list of Recyclables accepted at the SCRAP recycling facility; and 3. Licensed Haulers shall deliver to customers up to three (3) communications per year generated by the Town of Frisco or Summit County – these may include guidelines for the safe and effective separation of Recoverable Materials that is developed jointly with Licensed Haulers; and 4. Notices and guidelines for Group Accounts may be sent to the Group Account representatives provided that such notice identifies the representatives’ obligation to notify all individual customers of the service of the provision of Recyclables collection service. K. Other Hauler Regulations. Nothing in this Article shall be construed as prohibiting Licensed Haulers from also establishing rules regarding the safe maximum weight of Containers or other features necessary to protect the safety of customers, employees or others. L. Other Hauler Charges. Nothing in this Article shall be construed as prohibiting any Licensed Hauler from assessing separate charges for extra services including overloaded Trash Containers, unscheduled Trash collections, wildlife-resistant Trash Containers, contaminated Recyclables, collecting Organics or bulky items. M. Subcontractors or Agents. If a Licensed Hauler elects to perform collection of Solid Waste including and Recoverable Materials through subcontractors or agents, such relationship shall not relieve said hauler of the responsibility for compliance with this Article. Any subcontractor or agent shall also be a Licensed Hauler. N. Material Delivery to SCRAP. Licensed Haulers shall deliver all Trash collected in the Town of Frisco to SCRAP with exceptions established by the County Manager for maintaining an environmentally sound method of Solid Waste management under any extenuating circumstances. It shall be unlawful to deposit Trash at any facility that is not appropriately certified, permitted or licensed. All Recoverable Materials shall be delivered to a Qualified Facility. § 124-28. Residential Customer and Commercial Customer Requirements. A. Responsibility for Solid Waste. The owner of real property and any other person who causes the accumulation of Solid Waste at the owner's property are both individually responsible for any Solid Waste placed, stored or kept at such property in violation of this Article. 15 B. Collection Service Requirement. Each owner of real property or other person who causes the accumulation of Solid Waste on a property within the Town of Frisco shall provide Trash and Recyclables collection from a Licensed Hauler and at least one (1) Trash Container and one (1) Recyclables Container for each individual residence or commercial enterprise unless said parties share collection service limited to: 1. Residential Customers located adjacent to one-another may share Trash, Recyclables or Glass (if any) collection service; 2. Commercial Customers located adjacent to one-another or sharing a Solid Waste enclosure may share Trash, Recyclables or Glass (if required) collection service; and 3. Any sharing arrangement shall require a written agreement between customers and the Licensed Hauler and that all applicable Regulations are met C. Trash Container Placement. Placement of Trash Containers for collection and/or the provision and use of a lock or other mechanism shall comply with any wildlife resistance regulations that may be in effect from time to time under Section 127-17 of this Code. D. Commercial Customer Bin Requirements. Commercial Customers shall provide Bins in accordance with the following requirements for the collection of Recyclables to employees, occupants, tenants, customers and the general public wherever Trash Bins are located in Common Areas: 1. Bins for the collection of commingled Recyclables shall be located proximal to Trash Bins; 2. Bins for the collection of Glass are optional except for Commercial Customers with a current liquor license issued by the Town of Frisco in which case a Glass Bin shall be provided proximal to every Trash and commingled Recyclables Bin – glass shall be kept separate from other Recyclables; and 3. Commingled Recyclables and Glass Bins shall be sized and serviced with a frequency that prevents Recyclables and Glass from being mixed with Trash; and 4. Each Bin shall include a label identifying acceptable and unacceptable materials provided by Summit County and affixed by the Commercial Customer. 16 E. Hotel and Motel Bin Requirements. Hotels and Motels shall provide Bins for the collection of commingled Recyclables without Glass in each individual unit made available for overnight lodging - Bins for Glass are optional. F. Commercial Customer General Requirements. Commercial Customers shall ensure that their Trash Containers do not contain Recyclable or Glass materials. Without limitation of this requirement, Commercial Customers shall ensure that: 1. Housekeeping and janitorial contracts established by Commercial Customers shall specify the requirement for preventing Recyclables and Glass from being mixed with Trash; 2. Commercial Customers shall provide employee, occupant, tenant, housekeeping and janitorial training with materials provided by Summit County at a frequency needed to effectively prevent Recyclables and Glass from being mixed with Trash but no less than annually; training shall also be provided within thirty (30) days of occupancy or start date for any new employee, occupant, tenant, housekeeping or janitorial staff; and 3. Commercial Customers shall maintain written records of Solid Waste collection services and training activities. G. Customer Recycling Variances and Waivers. A variance or waiver from the recycling requirements of this Article may be granted upon receipt of completed request form and supporting documentation from a Residential or Commercial Customer or Licensed Hauler and approval by the Town Manager. Variances may be approved to temporarily modify the recycling requirements of this Article and waivers may be approved to temporarily exempt compliance. Variances and waivers will be issued for a maximum period of two (2) years, at which time full compliance shall be required unless a new variance or waiver is requested and approved, the period of which shall not an additional six (6) months. The Town Manager may issue variances or waivers: 1. To an individual Residential Customers or the household that is provided with collection service based on economic hardship when the individual or household earns less than _____% of the Area Median Income currently receives or is eligible to receive benefits from the Colorado Supplemental Nutritional Assistance Program administered by the Colorado Department of Human Services, as such program may be amended from time to time. 2. To Commercial Customers, including Multi-Family Properties: a. Whose premises have extreme space constraints; and 17 b. Whose available Recyclable Container space is not safely serviceable, meaning that it is significantly less safe to service than the customer’s Trash Container; or c. Who would violate another Town of Frisco code or regulation, or state of federal regulation, if required to separate Recyclables or Glass for collection. 3. To Commercial Customers, including Multi-Family Properties, for Common Area recycling where reasonable quantities of Recyclables or Glass is not generated, meaning that less than one (1) Large Recyclables Container is collected once per week for either material; and 4. To Multi-Family Properties that include more than 70% Short-Term Rental units on average over the calendar year, which may be allowed a reduced Recyclables Container volume capacity equal to 25% of Trash container capacity. H.Grants in Aid Program. The Town Manager shall develop and implement a program of monetary grants to assist Residential and Commercial Customers who seek and are granted a variance or waiver under subsection G above. The program shall provide no more in any individual grant than is necessary to account for the increase in the cost of collection service or related expenses that are the result of one or more requirements of this Article. When practicable, the grant shall be designed to cause full compliance with the requirements of this Article upon expiration of the variance or waiver. § 124-29. Violations and Penalties. A. It is unlawful for any person to violate any provision of this Article. Any person convicted of having violated any provision of this Article shall be punished [as set forth in Chapter 1, Section 1-14 of this Code.] or [as follows]: 1. Residential Customer and Commercial Customer Violations. Customer violations of this Article shall be assessed according to the following schedule of fines: 1. 1st Offense $____ 2. 2nd Offense $____ 18 3. 3rd and Following Offenses $____ 2. Hauler Violations. Hauler violations of this Article shall be assessed according to the following schedule of fines: 1st Offense $____ 2nd Offense $_____ 3rd Offense $ ____ Section 2. Savings Clause. Should any section or sections of this ordinance be determined by a court of competent jurisdiction to be unconstitutional or invalid for any reason, then that section or sections shall be deemed severable and the remaining provisions of this ordinance shall continue in full force and effect. Section 3. Effective Date; Dates for Compliance. This Ordinance shall be effective on April 1, 2023. Any other provision of this Ordinance notwithstanding, it shall be unlawful for a Hauler to: a. Fail to deliver at least ninety percent (90%) of Trash Containers and Recyclables Containers to the Residential Customers of the Hauler or fail to initiate volume- based collection service on or before October 1, 2023, with the exception of: i. Group Accounts with a Licensed Hauler contract for Solid Waste collection services that precedes the effective date of this ordinance – whose residents shall receive Trash Containers and Recyclables Containers and be provided with volume-based collection service within two (2) business days of the contract expiration date or June 1, 2024, whichever occurs first; and ii. On-Call and Valet Collection Customers regulated under this --Article who shall receive Recyclables Containers and be provided with Recyclables collection service one or before June 1, 2024 unless exempted. b. Fail to deliver at least fifty percent (50%) of Recyclables Containers or fail to initiate Recyclables collection services to the Commercial Customers of each Hauler on or before June 1, 2024, or to fail to deliver one hundred (100%) of Recyclables Containers to the Commercial Customers of the Hauler on or before June 1, 2025. 19 INTRODUCED, PASSED ON FIRST READING AND PUBLICATION AND POSTING ORDERED ON THE ____ DAY OF ___________, 2022. ADOPTED ON SECOND AND FINAL READING AND PUBLICATION BY TITLE ORDERED THIS __________DAY OF ___________________________, 2022. TOWN OF FRISCO, COLORADO: ______________________________ Mayor Hunter Mortensen ATTEST: _________________________ Deborah Wohlmuth, CMC, Town Clerk AVON REGULAR MEETING MINUTES TUESDAY JUNE 28, 2022 VIRTUAL ZOOM MEETING 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:00:01 The meeting was hosted in a Hybrid format, in person at Avon Town Hall and using Zoom.us. Mayor Smith Hymes called the Council regular meeting to order at 5:00 p.m. A roll call was taken, and Council members present in person were Lindsay Hardy, Chico Thuon, Scott Prince, RJ Andrade, and Amy Phillips. Councilor Tamra Underwood was absent. Also present in person were Recreation Director Michael Labagh, CASE Manager Danita Dempsey, Planning Director Matt Pielsticker, Senior Planner Jena Skinner, Planner 1+ Max Morgan, Town Engineer Justin Hildreth, Interim Town Attorney Karl Hanlon, Town Manager Eric Heil, General Government Manager Ineke de Jong and General Government Intern Emily Myler. 2. APPROVAL OF AGENDA Video Start Time: 00:00:34 Councilor Prince requested to add written report 7.3 to the agenda as business item 5.6 Councilor Prince moved to approve the agenda as amended. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 7 to 0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:44 Part One No disclosures were made. 4. PUBLIC COMMENT Video Start Time: 00:01:55 Mayor Smith Hymes explained how to participate via video/audio, via telephone, or via email, and that this public comment section is intended for items not listed in the agenda and is limited to 3 minutes. No public comments were made. 5. BUSINESS ITEMS 5.1. OVERVIEW XTERRA USA CHAMPIONSHIPS EVENT AVON (XTERRA US TOUR MANAGER STEVE ANDRUS) Video Start Time: 00:02:43 Andrus thanked the Council for hosting the event in Avon and letting him speak today. He said this year will be a little different from the past 12 years because it’s a USA championship. It will also tie in some family-oriented events with the race with two concerts on Saturday. They’ve also tied Town of Avon events in with theirs including Lakeside Cinema and SunsetSUP the night before. He talked about how the event will focus on showcasing Avon around the world through their marketing and following. He thanked CASE Manager Dempsey for helping him move the USA Championships to Avon. Mayor Smith Hymes expressed that the Council is excited that XTERRA has chosen Avon for their national championships this year. Councilor Prince asked why Avon was the top pick and if they plan to return in coming years. Andrus said that Avon’s community, focus on sustainability and access to a beautiful race venue were main factors. Avon will always be the host of a major XTERRA event as long as they are welcome. AVON REGULAR MEETING MINUTES TUESDAY JUNE 28, 2022 VIRTUAL ZOOM MEETING 5.2. PUBLIC HEARING: RESOLUTION 22-15, MCGRADY ACRES FINAL SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 00:14:50 Planning director Matt Pielsticker described the McGrady Acres site and final development plan. He said tonight council will consider final subdivision, which will include plots and open space as well as creation of an HOA. He showed the Council six conditions for approval and recommended a modification to condition #2. Mayor Smith Hymes asked where the commitment to serve letter will go and Planning Director Pielsticker said it is being drafted and can be referenced as an additional condition in this document but as a formality. Mayor Smith Hymes asked if there is bluegrass in the landscaping and Planning Director Pielsticker said only in some minimal areas and future changes in the landscape Code will not impact this project. Mayor Smith Hymes asked if HOA fees will be limited for the deed restricted unit and Mayor Pro Tem Phillips said yes they will. Councilor Hardy asked if the floorplans are final and remarked that the deed restricted unit doesn’t seem to be the best floorplan, especially at the cost. Mayor Smith Hymes called for public comments and no public comments were made. Mayor Pro Tem Phillips motioned to approve Resolution 22-15, McGrady Acres Final Subdivision with attachments B through F including the changes to the conditions as outlined by Planning Director Pielsticker. Councilor Andrade seconded the motion and the motion passed with a vote of 5 to 1. Councilor Underwood was absent. 5.3. LA ZONA PROJECT AND RECREATION SURVEY RESULTS (PLANNING DIRECTOR MATT PIELSTICKER AND RECREATION DIRECTOR MICHAEL LABAGH) Video Start Time: 00:33:00 Planning Director Pielsticker described the La Zona area and special analysis and programming project. It will consider expansion of the Rec Center and how the old Firehouse and Main Street Mall could fit in. Norris Design Group has been selected to work on this project. They are looking at the Rec Center Survey results and are considering dates to host open houses for public engagement. Concept planning is scheduled later this year. Recreation Director Labagh presented the results of the Rec Center Survey which launched in the Spring. Five hundred and forty-five people responded and he went over trends in the responses. The community seems to want more of everything, and the La Zona project should consider how to add programming, facilities and staff within the budget allowed Councilor Andrade asked how Norris Design reacted to the Daycare Center obstacle. Planning Director Pielsticker said it is one of the front end operating considerations and he has spoken with them about it. Town Manager Heil said it is still on the task list to consider how the Daycare could be moved around and should come before Council in July or August. Mayor Smith Hymes said the timing of the survey was sort of off season, but the response rate was excellent. She asked what AVON REGULAR MEETING MINUTES TUESDAY JUNE 28, 2022 VIRTUAL ZOOM MEETING the scope of Norris Design’s work be and if they will be involved in gathering community input. Town Manager Heil said not so much, the Town has already given them direction to get started ad right now it’s too open ended to do engagement. The consultants will provide design expertise and technical knowledge to narrow down ideas to take to the public and provide an idea of cost options Mayor Pro Tem Phillips asked who will attend the first meeting with the consultants. Town Manager Heil said it will be structured as an open house with the Health and Recreation Committee and Culture, Arts and Special Events Committee, Planning and Zoning Commission as well as Council and the general public will be invited on September 15. Mayor Smith Hymes called for public comments and no public comments were made. 5.4.) CIP UPDATE (TOWN ENGINEER JUSTIN HILDRETH) Video Start Time: 00:51:13 Town Engineer Hildreth presented on 22 projects the Town is working on. He said it’s been a difficult and expensive building environment but he is hoping for a slower economy soon. Major projects include updates to the Recreation Center, flood mitigation, Harry A. Nottingham Park improvements, various street improvements, electric vehicle chargers and others. Regarding the flood mitigation, Council discussed supporting Beaver Bench and Sonnen-Halde in fixing damage from recent flooding events. Councilors Hardy and Thuon said the Town should help out members of the community who are dealing with natural disasters. Councilors Andrade and Prince cautioned showing preferential treatment to some HOAs and setting a precedent. Councilor Andrade suggested a no-interest loan. Councilor Phillips said she is okay with splitting the cost or providing a loan for the full amount. Mayor Smith Hymes also cautioned about setting a precedent, but said the Town needs to support the community. It would depend on whether the Town is at fault for the damage. She asked if FEMA or insurance will help with the cost and Town Manager Heil said no. Councilor Hardy said there may be a non-permitted building on the property which increased the damage and the Town should consider how to rectify that. She would rather spend money helping people in this situation than some other things on the budget. Town Attorney Hanlon said generally municipalities shouldn’t be loaning money and recommended providing funds as a grant instead. He cautioned further discussion about liability. Councilor Prince initiated a vote to hold an executive session during the next Council meeting to discuss further and the vote passed 6 to 0. Councilor Underwood was absent. Mayor Smith Hymes called for public comment and Michael Hall, Avon resident commented that he understands the position that Council is in but he’s been a resident of Beaver Bench since the 1990’s. He and his neighbors didn’t think they’d need flood insurance and FEMA wouldn’t cover this. They had a flood and fire in the A building and the grading of these buildings sent the water right into the building. The Town has helped a lot, but the financing is important. This kind of event will happen more often and there’s a reason why Beaver Bench was impacted, and it has to do with its location and the Town’s water drainage. AVON REGULAR MEETING MINUTES TUESDAY JUNE 28, 2022 VIRTUAL ZOOM MEETING On street improvements, Mayor Pro Tem Phillips said she thinks the metal on the underpass shelters looks cool as is. Councilor Thuon said that the Town’s landscaping should hide the ugly electrical panels. He also suggested keeping a file on the Town’s experiences with different contractors to prevent further mistakes and wastes of money. Councilor Prince said he would support painting the shelters to match other structures in Town. Councilor Hardy said the project needs to be finished to match the plans. Councilor Andrade agreed. Based on council consensus, Mayor Smith Hymes gave direction to go ahead with painting the shelters. 5.5. FIRST READING ORDINANCE 22-08 SHORT TERM RENTAL LICENSING (PLANNER 1+ MAX MORGAN) Video Start Time: 01:34:28 Town Manager Heil said staff has heavily revised the ordinance based on suggested changes from Council including defining and making terms more consistent, adding a maximum occupancy limit. Language regarding caps has been referred to PZC. He recommended that Council pass the ordinance on first reading and staff can begin to conduct outreach before second reading. Councilor Prince asked if there is there anything else our peer communities have considered that might be worth while to consider. Town Manager Heil said he thinks this is a complete and reasonable list based on peer communities. Planner 1+ Morgan added that some communities require a resident spend a minimum number of years living at the property before they can STR. He’s not sure if that achieves Avon’s purpose. Town Manager Heil said most of the safety and nuisance rules are straightforward. STR owners should accurately represent their properties to renters. Councilor Prince asked if Vail considered about having STRs post emergency exit signs and what the regulations will be on smoking. Town Manager Heil said yes, but emergency signs can be required administratively, nuisance responses will be the same as for residents per Town Code. Councilor Prince asked if there are any recourses towards an STR owner if their guests are breaking nuisance laws regularly and said there should be a mechanism to revoke a license after multiple complaints. Town Manager Heil said Staff could look at how to add more stringent requirements to the STR license rules. Mayor Smith Hymes said the method to make complaints should be accessible and tracked. Town Manager Heil said it would be treated similarly to business licenses and work with STR license holders on a case-by-case basis. Mayor Smith Hymes commented that she no longer thinks Avon needs to allow ROSTRs to be able to have their place rented without them being there for some nights of the year because that’s not something people are likely to do. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Andrade moved to approve the first reading of Ordinance 22-08 as drafted and set a public hearing for second reading on July 26, 2022. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Underwood was absent. 5.6. PUBLIC WAY PERMIT EXTENSION FOR WYNDHAM (PUBLIC WORK DIRECTOR EVA WILSON) Video Start Time: 02:05:15 AVON REGULAR MEETING MINUTES TUESDAY JUNE 28, 2022 VIRTUAL ZOOM MEETING Councilor Prince said he was quite surprised the trailer is still there. Council can’t extend the right of way permit beyond Sept 30th. Their problems with their insurance company is not our problem. Public Works Director Wilson said that was the purpose of the written report, and she supports what Councilor Prince said. They have a contractor and repair plan and have inspected the trailer. 6. MINUTES 6.1. APPROVAL OF MAY 10, 2022 REGULAR COUNCIL MEETING MINUTES (DEPUTY TOWN CLERK BRENDA TORRES) Video Start Time: 02:13:04 Part Two Mayor Pro Tem Phillips moved to approve the June 14, 2022 as drafted. Councilor Andrade seconded the motion and the motion passed with a vote of 6 to 0. Councilor Underwood was absent. 7. WRITTEN REPORTS 7.1. Monthly Financial Report (Finance Manager Joel McCracken) 7.2. Quarterly Update on 2022 Department Goals (Town Manager Eric Heil) 7.3. Public Way Permit Extension for Wyndham (Mobility Director Eva Wilson) 7.4. Summer Programming Update (Recreation Director Michael Labagh) 7.5. Overview of 2022 construction permit activity (Planning Director Matt Pielsticker) 7.6. June 21, PZC Abstract (Planner 1+ Max Morgan) 7.7. June Creek Emergency Egress (Planning Director Matt Pielsticker) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:14:13 Part Two Councilor Prince gave a shout out to Public Operations for getting rid of ground squirrels. Mayor Pro Tem Phillips responded that the improvement is great to hear, however the continued population along Eagle Bend and at the rodeo lot is worse. Mayor Smith Hymes told the Council about Water Education Colorado (WECO) education opportunities which she participated in. She encouraged the Council to get a membership if they’re interested in water. Councilor Hardy Congratulated Mountain Pride and their success with Pride in the Park. She thanked to CASE Manager Dempsey and her crew for their help. She said the Town benefitted from the event through increased tourism 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 7:17 p.m. AVON REGULAR MEETING MINUTES TUESDAY JUNE 28, 2022 VIRTUAL ZOOM MEETING 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: Emily Myler, General Government Intern APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade 970-748-4019 jmccracken@avon.org TO: Honorable Mayor Smith Hymes and Council Members FROM: Joel McCracken, Finance Manager RE: Financial Report – May & June 2022 Data DATE: July 14th, 2022 SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and short-term rental tax for May 2022 and the recreation fees and real estate transfer tax revenues for June 2022. BACKGROUND: The Town’s 2022 final revised budget was adopted in December 2021. The percentage variance, or comparative change is reflected in the analysis portion of this report in respect to each individual section for May and June revenues in 2022. Tax revenues are not budgeted on a monthly basis; however, for purposes of analysis, monthly budget variances are based on a 3-year average of actual revenues. REVENUE ANALYSIS: Sales Tax: Revenues – May 2022: May sales tax revenues totaled $647,246. This is an increase of $79,477 or 14.00% compared to May 2021 sales tax revenue of $567,769. MAY 2021 v MAY 2022 SALES TAX COMPARISON BY INDUSTRY May 2021 May 2022 Increase/Decrease Home/Garden $85,875.21 $104,236.93 $18,361.72 Grocery/Specialty/Health $139,633.98 $145,296.82 $5,662.84 Sporting Goods Retail/Rental $28,095.42 $28,777.38 $681.96 Miscellaneous Retail $19,436.84 $24,194.36 $4,757.52 Accommodations $86,339.51 $72,668.16 ($13,671.35) Restaurants/Bars $97,358.22 $111,443.96 $14,085.74 Other $6,553.88 $7,200.34 $646.46 Service Related $12,728.97 $15,553.20 $2,824.23 Liquor Stores $19,246.53 $38,416.07 $19,169.54 E-Commerce Retail $32,117.82 $37,425.77 $5,307.95 Manufacturing/Wholesale $7,503.30 $7,349.44 ($153.86) Construction Related Services $26,254.29 $47,672.63 $21,418.34 Digital Media Suppliers/Sellers $5,301.60 $5,486.94 $185.34 Commercial/Industrial Equipment $1,323.02 $1,326.74 $3.72 Special Events - $96.77 $196.77 TOTAL $567,768.59 $647,245.51 $79,476.92 Page 2 of 8 NOTE: Since the Colorado Sales and Use Tax System (“SUTS”) was first implemented in the Town of Avon in late 2020, more than 100 businesses have registered to remit sales tax which has resulted in e- commerce retail sales tax revenues to dramatically increase. Sales Tax: May 2022 Budget v Actual Collections: May 2022 sales tax revenues totaled $647,246. This is an increase of $83,383 over the May 2022 estimates of $563,862. This is 14.79% over the adopted 2022 budget (based on a 3-year average). MAY 2022 BUDGET v ACTUAL COLLECTIONS - SALES TAX 2022 Budget 2022 Actual Dollar Variance Percentage Variance May $563,862.16 $647,245.51 $83,383.35 14.79% 418,628.58 422,685.32 424,189.45 567,768.59 647,245.51 0.97%0.36% 33.85% 14.00% $300,000 $350,000 $400,000 $450,000 $500,000 $550,000 $600,000 $650,000 $700,000 2018 2019 2020 2021 2022 2018-2022 May Sales Tax Revenue Trend Page 3 of 8 Accommodation Tax: Revenues – May 2022: Accommodation tax revenues totaled $76,495 for the month of May. This is a decrease of $7,334 or (-8.75%) compared to May 2021 accommodation tax revenues, which totaled $83,829. Accommodation tax collections by industry type for May 2022 compared to May 2021 reported an increase for Hotels and a decrease for Vacation Rentals & Time Shares. MAY 2021 v MAY 2022 ACCOMMODATION TAX COMPARISON BY INDUSTRY May 2021 May 2022 Increase/(Decrease) Timeshares $16,309.00 $15,353.27 ($955.73) Hotels $29,921.03 $30,768.87 $847.84 Vacation Rentals $37,599.00 $30,373.33 ($7,225.67) TOTAL $83,829.03 $76,495.47 ($7,333.56) May 2022 Budget v Actual Collections: May 2022 accommodation tax revenues totaled $76,495. This is an increase of $9,849 over the May 2022 estimates of $66,646. This is 14.78% over the adopted 2022 budget (based on a 3-year average). MAY 2022 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX 2022 Budget 2022 Actual Dollar Variance Percentage Variance May $66,646.35 $76,495.47 $9,849.12 14.78% 42,618 47,259 13,290 83,829 76,495 10.89% -71.88% 530.79% -8.75% $0 $25,000 $50,000 $75,000 $100,000 2018 2019 2020 2021 2022 2018-2022 May Accommodation Tax Revenue Trend Page 4 of 8 Short Term Rental Tax: Revenues – May 2022: STR Tax for Community Housing totaled $32,998 for the month of May. There are no previous period revenues for comparison. The amount of STR Tax for Community Housing revenues collected year-to-date compared to the annual budget of $750,000 represents 75.78%. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential. MAY 2022 STR TAX FOR COMMUNITY HOUSING COMPARISON BY INDUSTRY May 2022 Timeshares $7,676.64 Hotels $10,834.50 Vacation Rentals $14,486.43 TOTAL $32,997.57 Tobacco & Cigarette Tax: Revenues – May 2022: Tobacco tax revenues totaled $24,274 and cigarette tax revenues totaled $20,034 for May 2022. Compared to May 2021 revenues, this is an increase of $5,499 for tobacco tax revenues, which totaled $18,775 and an increase of $300 for cigarette tax revenues, which totaled $19,734. 4,833 14,952 18,775 24,274 209.41% 25.57% 29.29% - 5,000 10,000 15,000 20,000 25,000 30,000 2019 2020 2021 2022 2019-2022 May Tobacco Tax Revenue Trend Page 5 of 8 May 2022 Adopted Budget v Actual Collections: May 2022 tobacco and cigarette tax revenues totaled $24,274 and $20,034, respectively. This is an increase of $6,588 over the May 2022 budget for tobacco tax, which is $17,686 and a decrease of $5,847 under the May 2022 budget for cigarette tax estimates, which is $25,881 which is based on a 3-year average. MAY 2022 BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES 2022 Budget 2022 Actual Dollar Variance Percentage Variance Tobacco $17,685.92 $24,273.88 $6,587.96 37.25% Cigarettes $25,880.89 $20,034.00 ($5,846.89) -22.59% Total $741.07 28,463 23,781 19,734 20,034 -16.45% -17.02% 1.52% - 5,000 10,000 15,000 20,000 25,000 30,000 2019 2020 2021 2022 2019-2022 May Cigarette Excise Tax Revenue Trend Page 6 of 8 Real Estate Transfer Tax: Revenues – June 2022: June 2022 real estate transfer tax totaled $417,855. Compared to June 2021, which totaled $560,858, this is a decrease of $143,003. $343,141 $237,144 $222,169 $560,858 $417,855 -30.89%-6.31% 152.45% -25.50% $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 2018 2019 2020 2021 2022 Real Estate Transfer Tax June Revenue Trends Page 7 of 8 Recreation Center Fees: Revenues – June 2022 Admissions & Program Fees: Recreation admission revenues for June 2022 totaled $91,702, an increase of $20,473 compared to June 2021 which totaled $71,229. This is $40,242 over the adopted 2022 budget estimates of $51,460. Recreation program fee revenues for June 2022 totaled $27,734. This is a decrease of $3,323 compared to 2021, which totaled $31,057. This is $13,208 under the adopted 2022 budget estimates, which is $40,942 which is calculated based on a 3-year average. 62,135 68,601 12,372 71,229 91,702 10.41% -81.97% 475.72% 28.74% - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 100,000 2018 2019 2020 2021 2022 Recreation Admissions June Revenue Trends $37,231 $34,569 $36,744 $31,057 $27,734 -7.15% 6.29% -15.48% -10.70% $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 2018 2019 2020 2021 2022 Recreation Program Fees June Revenue Trends Page 8 of 8 Tax Revenue Comparison – YTD 2021 v 2022: All revenues except for cigarette tax are reporting an increase for 2022 compared to 2021. Below is a table which reflects the dollar change and percentage variance. Adopted Budget 2022 v Actual 2022: All revenues except for Cigarette tax and Recreation Program Fees reflect a positive variance over the 2022 budget. Below is a table which reflects the dollar change and percentage variance. Thank you, Joel 2021 v 2022 Year-to-Date Revenue Comparison 2021 YTD 2022 YTD Dollar Variance Percentage Variance Sales Tax $4,259,001.37 $5,230,484.38 $971,483.01 22.81% Acc. Tax $768,684.13 $1,242,707.59 $474,023.46 61.67% Tobacco Tax $123,334.27 $137,617.79 $14,283.52 11.58% Cigarette Tax $100,614.00 $95,910.54 (4,703.46) -4.67% RETT $2,440,285.58 $3,364,778.13 $924,492.55 37.88% Rec Admissions $236,021.67 $494,177.38 $258,155.71 109.38% Rec Program Fees $121,940.38 $147,538.32 $25,597.94 20.99% 2022 Revenue Comparison – Budget v Actual Budget Actual Dollar Variance Percentage Variance Sales Tax $4,453,574.49 $5,230,484.38 $776,909.89 17.44% Acc. Tax $946,997.16 $1,242,707.59 $295,710.43 31.23% Tobacco Tax $111,526.34 $137,617.79 $26,091.45 23.39% Cigarette Tax 105,062.38 $95,910.54 ($9,151.84) -8.71% RETT 1,395,496.19 $3,364,778.13 $1,969,281.94 141.12% Rec Admissions $282,967.82 $494,177.38 $211,209.56 74.64% Rec Program Fees $164,051.32 $147,538.32 (16,513.00) -10.07% 970-748-4069 cfackler@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Carly Elena Fackler, Accountant RE: 2nd Quarter RETT Sales and Exemption Report DATE: July 11th, 2022 SUMMARY: The 2nd quarter of 2022 has generated higher RETT revenues compared to prior years. While there has been a significant amount of revenues generated through RETT, eleven primary exemptions were applied for in the 2nd quarter of 2022. There were three Mi Casa applications approved in the 2nd quarter of 2022. BACKGROUND: Prior to 2020, section 17 and 18 were the only primary residence exemptions available to buyers in Avon. In 2019, Council adopted Ordinance 19-05 which provides a 3rd primary residence RETT exemption. Under this new exemption, purchasers may apply for an exemption up to $240,000 of consideration paid, or up to $4,800 in RETT Relief. There are new conditions which must be met in order to qualify for section 19, which are highlighted Attachment A, SUMMARY OF PRIMARY RESIDENCE RETT EXEMPTIONS. In 2021, Mi Casa was approved to provide $900,000 in funds to qualifying participants. Of the $900,000 approved, $847,222 was contributed by the Town for 13 properties. In 2022, Council approved $1,200,000 in funds for Mi Casa with the goal to provide financial assistance for 16-20 homebuyers in 2022. This is an increase of $300,000, compared to 2021. ANALYSIS: RETT Exemptions Granted 2020 – 2022 In 2022, 11 primary residence exemptions were granted in the 2nd quarter. This is a decrease of 2 exemptions granted in the 2nd quarter of 2021 and an increase of 7 exemptions granted in the 2nd quarter of 2020. In the 2nd quarter of 2022, $36,800 was granted in RETT Relief, which is $4,650 less than 2021, which granted $41,450, and $23,920 more than 2020, which granted $12,880. RETT Exemptions Granted 2nd Quarter Trend Exemption Type 2020 2021 2022 Section (17) 3 13 10 Section (18) 0 0 0 Section (19) 1 0 1 Total 4 13 11 Page 2 of 3 2nd Quarter Primary Residence Exemptions Granted Month Avon Neighborhood Purchase Price of Property Exemption Section Amount Exempt April Nottingham Road/Northside $420,000 17 $3,200 April Wildridge $1,200,000 17 $3,200 April West Avon $625,000 19 $4,800 May West Avon $600,000 17 $3,200 May Wildridge $970,000 17 $3,200 June West Avon $414,000 17 $3,200 June East Avon $1,200,000 17 $3,200 June West Avon $815,000 17 $3,200 June West Avon $707,500 17 $3,200 June Wildridge $1,053,000 17 $3,200 June Wildridge $1,550,000 17 $3,200 Total 11 $36,800 2nd Quarter Activity Actual RETT revenue for the 2nd quarter of 2022 totaled $1,875,757. This correlates to a total of $96 million in property sales. Total RETT Activity - 2nd Quarter 2022 April May June Total RETT Revenue $378,321 $1,079,581 $417,855 Total Exemptions $11,200 $6,400 $19,200 Total RETT $389,521 $1,085,981 $437,055 Total Sales $19,476,050 $54,299,050 $21,852,750 12,880 41,450 36,800 68.93% -12.64% - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 45,000 2020 2021 2022 2nd Quarter RETT Relief Granted Page 3 of 3 3-Year Average RETT Activity Based on a 3-year average, April, May, and June RETT revenues all reflect a positive variance of 13.99%, 120.65%, and 4.39% respectively. 3-Year Average RETT Revenue Trend 2020-2022 April May June Total RETT Revenue $331,878 $489,280 $400,294 Total Exemptions $9,017 $6,960 $14,400 Total RETT $340,895 $496,240 $414,694 Total Sales $17,044,739 $24,812,005 $20,734,719 % Variance 13.99% 120.65% 4.39% Thank you, Carly Elena Fackler ATTACHMENT A: SUMMARY OF PRIMARY RESIDENCE RETT EXEMPTIONS Exemptions Section (17) Section (18) Section (19) Amount $160,000 $160,000 $240,000 Home Value Cap None None $700,000 Eagle County Employee N/A Yes Yes Affidavit of Primary Residence Yes Yes Yes Promissory Note 1 year 1 year 3 years Lien Yes Yes Yes (970) 748-4061 emyler@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Emily Myler, General Government Intern RE: July 2022 E-Bike Rebate Report DATE: July 26, 2022 SUMMARY: In November of 2021, the Avon Town Council directed staff to create and launch an E-bike purchase incentive for full-time Avon residents. The goal of the program is to help Avon residents seek alternative ways to run errands, commute to work, reduce carbon emissions, and get some exercise. The program launched later that month, offering a $200 rebate to full-time Avon residents who purchased an e- bike after November 20, 2021 with a minimum purchase price of $1,000. A $100 rebate is also available on used e-bikes with a minimum purchase price of $500. In December of 2021, the Avon Town Council elected to modify the program to require the e-bike be purchased from a retailer in Eagle County. Purchases made outside of Eagle County between November 20 and December 14, 2021 were grandfathered into the program. Furthermore, in May 2022, Town Manager Eric Heil amended the requirements for Town of Avon employees, who are now able to get a rebate even if they live outside Town boundaries or bought it from a retailer outside Eagle County. So far in 2022, Town Staff have received 23 non-employee rebate applications. Six have been accepted and fully processed, four are accepted and are processing. Twelve applications have been denied, six because the applicant was not an Avon resident, and six because the bike was purchased outside Eagle County. Several applicants who were denied because of the December 2021 amendment have responded with comments that the requirement to buy the e-bike in Eagle County is unfair and unrealistic as there is limited selection for models locally. Name Status Form Received Payment Processed Daeffler, Stacy Denied - Residency 1/28/2022 Otremba, Joe Denied - Residency 1/28/2022 Gass, Michael Complete 3/9/2022 3/21/2022 Hall, Michael Denied - Retailer 3/12/2022 Halbakken, Tim Denied - Retailer 3/21/2022 Woods, Alyn Denied - Retailer 4/1/2022 Starr, Jesse Denied - Residency 4/6/2022 Ballard, Suzi Complete 5/4/2022 5/24/2022 Ryan, Kathy Complete 5/2/2022 5/24/2022 Hood, Michael Denied - Retailer 5/19/2022 Farkas, Elaine and Eric Complete 6/12/2022 6/16/2022 Hoiem, Karen Complete 6/5/2022 6/21/2022 Ramchandani, Parvati Complete 5/21/2022 6/16/2022 Smith, Jim Denied - Residency 6/14/2022 Katie Fiedler Anderson Denied - Retailer 6/25/2022 William Jones Processing 6/27/2022 Page 2 of 2 Kelley Smith Denied - Residency 6/29/2022 Chrstine Morrison Denied - Retailer 7/5/2022 Eduardo Alvarado Processing 7/7/2022 Sally Tryhus Denied - Residency 7/10/2022 Linda Hendricks Processing 7/15/2022 Adam and Amy Cunningham Processing 7/18/2022 In 2022, Staff have received five employee applications. Four have been accepted and fully processed and one has been declined because the purchase was of an electric skateboard, not an e-bike. Name Status Form Received Payment Processed O'Toole-Gilles, Kathleen Complete 4/29/2022 5/18/2022 Wilkinson, Kevin Denied - Skateboard 4/7/2022 Braga, Stephanie Complete 5/15/2022 5/19/2022 Spiegelhodd, Bryan Complete 5/19/2022 6/1/2022 Spadi, Karyne Complete 6/16/2022 6/16/2022 Thank you, Emily 970.748.4023 jskinner@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Jena Skinner, Senior Planner RE: ¡Mi Casa Avon! Program 2022 Update DATE: July 15, 2022 SUMMARY: This report provides an update on the ¡Mi Casa Avon! program. BACKGROUND: Putting home ownership within reach of more Avon residents has been a priority for the Avon Town Council and the deed restricted housing program, ¡Mi Casa Avon!, was approved by the Avon Town Council in 2020. REVIEW OF PROGRAM: In 2020, the Town approved eight applications. In 2021, the Town has approved thirteen applications bringing the total to twenty-one by 12/31/2021. In the first quarter of 2022 we approved five transactions and we have added four more transactions to the program in the second quarter. The full table containing this summary is on the next page. COMPARISON OF SUMMARIES 2022: FINANCIAL CONSIDERATIONS: The initial appropriation from the Avon Community Housing Fund approved by Council for 2020 was $650,000. Council approved funding in the amount of $900,000 for the program in 2021. The remaining fund balance rolled over into 2022 was $238,018 and was added to the $1,200,000 approved for 2022. Total remaining funds is $647,178 or, 45% of funds available for the remainder of 2022. Thank you, Jena QUARTERLY UPDATES Sq Ft Bdms Sales Price Mi Casa $ % $ / Sq Ft January Update Average 1,182 2.2 $515,843 $62,475 11.9 $484 April Update 1,114 2 $528,417 $63,282 11.9 $523 July Update 1,070 2 $538,511 $62,489 11.9 $549 Total Funds 2022 Funds Awarded 2022 Pending transactions 2022 Funds remaining 2022 $1,438,018 $541,840 $249,000 $647,178 Page 2 of 2 # Year Type Sq Ft Bdms Neighborhood Sales Price Mi Casa $ % $ / Sq Ft 1 08/20 Condo 935 2 Wildridge $399,000 $47,880 12.0% $427 2 09/20 Multi-family 1,987 4 Wildridge $645,000 $75,000 11.6% $325 3 10/20 Townhome 2,027 3 Wildridge $630,000 $75,000 11.9% $311 4 10/20 Townhome 1,337 3 Avon Center $480,000 $57,600 12.0% $359 5 10/20 Condo 552 1 Avon Center $288,000 $34,560 12.0% $522 6 10/20 Condo 840 2 Avon Center $431,000 $51,720 12.0% $513 7 10/20 Townhome 2,063 3 Wildridge $675,000 $75,000 11.1% $327 8 11/20 Condo 768 2 Avon West $400,000 $48,000 12.0% $521 9 03/21 Condo 768 2 Avon West $430,000 $51,600 12.0% $560 10 03/21 Condo 768 2 Avon West $370,000 $44,400 12.0% $482 11 05/21 Townhome 1770 3 Wildridge $695,000 $83,400 12.0% $393 12 06/21 Condo 1019 2 Avon Center $449,000 $53,880 12.0% $441 13 07/21 Condo 935 2 Wildridge $498,000 $59,760 12.0% $533 14 07/21 Condo 1647 2 Avon Center $645,000 $77,400 12.0% $392 15 08/21 Townhome 1228 2 Avon Center $750,000 $90,000 12.0% $611 16 09/21 Townhome 806 1 Wildridge $515,000 $61,800 12.0% $639 17 09/21 Townhome 1176 3 Wildridge $616,100 $73,932 12.0% $524 18 10/21 Townhome 2025 3 Wildridge $880,000 $100K 11.4% $435 19 10/21 Condo 768 2 Avon West $420,750 $50,490 12.0% $548 20 10/21 Condo 935 2 Wildridge $480,000 $57,600 12.0% $513 21 11/21 Condo 464 1 Avon West $370,000 $44,400 12.0% $797 21 11/21 Studio 464 0 Avon West $370,000 $44,400 12.0% $797 22 1/22 Condo 768 2 Avon West $500,000 $60,000 12.0% $651 23 1/22 Condo 768 2 Avon West $540,000 $64,800 12.0% $703 24 1/22 Condo 768 2 Avon West $522,000 $62,640 12.0% $680 25 2/22 Condo 552 1 Wildridge $390,000 $46,800 12.0% $707 26 3/22 Townhome 1468 3 Wildridge $950,000 $100,000 10.5% $647 27 4/22 Condo 925 2 Barrancas/Metcalf $520,000 $62,400 12.0% $562 28 6/22 Condo 937 2 Barrancas/Metcalf $610,000 $73,200 12.0% $651 29 6/22 Condo 768 2 Liftview $600,000 $72,000 12.0% $781 30 7/22 Condo 935 2 Barrancas/Metcalf $625,000 $75,000 12.0% $669 Average 1,070 2 $538,511 $62,489 11.9% $549 2nd qu a r t e r 1 st qu a r t e r 2 0 2 2 20 2 1 20 2 0 970.748.4014 mmorgan@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Max Morgan, Planner 1+ RE: Climate Action Investments DATE: July 21, 2022 SUMMARY: This report provides an update on the Town’s goal to track investments related to greenhouse gas (“GHG”) emissions reduction, and calculate return-on-investment (“ROI”) for relevant projects and initiatives. Through effective investment tracking, the Town will be able to apply cost considerations for projects that promote sustainability, and identify opportunities for future investments that advance Avon’s role as a leader in combatting climate change. This is submitted as a written report and no action by Council is requested, however, the information included in this report will supplement the work session related to GHG Investment Tracking to take place during the Town Council meeting on August 9th, 2022. BACKGROUND: In order to address challenges related to housing, the economy, food security, the health and wellness of people and the natural environment, the Town of Avon has employed strategies to reduce greenhouse gas (“GHG”) emissions, also known as “carbon emissions” that contribute to the rising global surface temperature. Neighboring municipalities have similarly embraced efforts to address climate change, and regional collaboration resulted in the adoption of the Eagle County Climate Action Plan (“CAP”). The CAP includes a framework for climate-action problem-solving in the region, and reports priority actions and strategies that give agencies a blueprint for addressing GHG emissions locally. The CAP implores municipalities to invest in projects, systems, and policies that promote sustainable development and increased use of clean energy, and includes Annual Success Benchmarks that establish measurable goals related to transportation, building energy use, and waste management. While many sustainable initiatives launched prior to adoption of the CAP, the Town of Avon celebrates a variety of initiatives that work towards the Annual Success Benchmarks including but not limited to: 1. The Recreation Center’s Heat Exchange System 2. Solar Panel Installation on Town-Owned Buildings 3. Installation of Electric Vehicle (“EV”) Charging Stations 4. Electric Vehicle Purchases for Town Vehicles 5. LED Lightbulb Swap and Street Light Retrofits 6. Waste Diversion Services at Town Events The variety and scale of projects suggest a web of investments, project timelines, and outcomes that the Town has a responsibility to track and report on effectively. In recent years, Town Staff crafted the CO2 Reduction Cost Analysis resource (or “Matrix”) that lists projects, years implemented, anticipated lifespans, and their respective costs. These inputs allow for ROI analyses for unique projects measured by Town Dollars per CO2 Metric Ton Reduced. As of the summer of 2022, the Matrix remains in development however, it is realistic that the Matrix is finalized and utilized readily for ROI analyses by the end of the year. ANALYSIS: ROI analysis is a valuable activity for any municipality looking to gauge the impact of investments, and validate their decision-making process when investing in initiatives related to GHG reduction. The Intergovernmental Panel on Climate Change (“IPCC”) conducts similar analyses (See “Attachment A”) however, the global-scale of the IPCC analyses does not always enable entities like the 970.748.4014 mmorgan@avon.org Town of Avon to apply the resulting ROIs to our review of projects within nuanced populations in specific locations. Resultingly, the Matrix is a more appropriate resource for the Town’s review of investments when compared with the IPCC cost-benefit analysis of mitigation options, and also aligns the Town with global best practices for GHG reduction and investment reporting by applying local considerations and assumptions, and using more granular data. The specific inputs needed to calculate ROI for each project vary. The Matrix is intended to report three unique types of ROI calculations: 1. Basic ROI (“B-ROI”) 2. Business-As-Usual ROI (“BAU-ROI”) 3. ROI Over Time (“ROI-OT”) Basic ROI is determined by multiplying the energy that is consumed by a specific entity or project with the EPA Greenhouse Gas Equivalent factor and then dividing the results with purchase costs. If the project or initiative has a lifespan greater than a year, the results should then be multiplied by the number of years the project or initiative has been in effect. BROI = (Annual Energy Consumed * CO2 Equivalent Factor / Project Costs) * Years of Use For some projects, the ROI calculation includes a Business-As-Usual (“BAU”) component to establish a baseline for emissions reduction. The BAU component represents a credit in the ROI calculation for projects and purchases where the Town would likely incur a cost, whether we elected to make the purchase with an emphasis on sustainability or not. The BAU-ROI calculation is relevant to projects like the Heat Recovery System at the Rec Center swimming facilities, or electric vehicle purchases, where the Town would invest in alternatives in lieu of the current investments. Projects where the hypothetical alternatives have no associated costs do not undergo the calculation for BAU-ROI. BAU-ROI = ((Annual Energy Consumed * CO2 Equivalent Factor) / (Project Costs – BAU Cost Estimate) * Years of Use It is critical that the Town apply considerations for the life span of projects in order to accurately assess the value of projects and initiatives. Therefore, the calculation for ROI-OT is the best measure for ROI if it can be determined that the assumptions for the projected lifespan of the project are accurate. ROI-OT = ((Annual Energy Consumed * CO2 Equivalent Factor) / (Project Costs – BAU Cost Estimate) * Years of Anticipated Life Span Some initiatives have a slightly modified ROI formula, such as Waste Diversion for Town Events. Waste diversion costs are calculated by determining the GHG emission equivalent to the waste that is recycled or composted, and dividing that figure by the fees applied to the waste diversion provider. Determining the inputs for Project Costs requires substantial research into each specific project. Project Costs ideally summates the cost of research and design, construction, energy use, maintenance and repair, and other material costs. Certain aspects of projects, such as grant funding, present credits to the Project Cost calculation. Additionally, Project Cost calculation can see some costs offset through the creation of energy (e.g., solar panels), which will be factored into Project Costs. 970.748.4014 mmorgan@avon.org While the Town maintains records that can provide accurate inputs for project costs, the process of identifying inputs and subsequently assembling the associated records represents one of the most intensive steps in determining ROI for investments to reduce greenhouse emissions (See Exhibit A). Additionally, determining BAU Cost Estimates can require similar time and attention, as well as reliance on third-parties and other municipalities to share information in order to make the input as accurate as possible. Exhibit A – Climate Action Investment Matrix Timeline Upon successful calculation of Avon Project Costs and BAU Costs, Staff is positioned to input costs and calculate ROI for unique projects. Before the end of 2022, the Town can anticipate data analysis specific to ROI for investment projects, which will assist Staff, Council, and members of the public in the decision- making process for future investments related to climate action. FINANCIAL CONSIDERATIONS: The goal to develop and use the Matrix currently has no material cost however, the Town could recruit a third-party consulting company to review and provide recommendations based on the results of the Town’s ROI data. That said, the Matrix is a resource to assess the Town’s future financial considerations related to climate action, and overall budgeting and investments. Thank you, Max ATTACHMENT A: IPCC Cost Analysis 15-Mar 15-Apr 16-May 16-Jun 17-Jul 17-Aug 17-Sep 18-Oct 18-Nov 19-Dec Research Investment Tracking Determine Project Costs / Offsets Design ROI Formulas Calculate Avon Project Costs Calculate BAU Costs Input Costs to Formulas Identify and Vet Results Analyze and Report Establish Data Maintenance Plan ATTACHMENT A - IPCC Cost Analysis file:///C:/Users/mmorgan/OneDrive - Town of Avon/Desktop/Delete/107042040-1649170581524-SRL-image-8.webp 1/1 970.748.4014 mmorgan@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Max Morgan, Planner 1+ RE: Building Electrification Data Collection DATE: July 20, 2022 SUMMARY: This report is intended to provide an update on the Community Development Department’s 2022 goal to “Organize (an) inventory of existing structures, heating systems, and square footages.” This is submitted as a written report and no action by Council is requested however, the information included in this report will supplement the work session related to Building Electrification Data Collection to take place during the Town Council meeting on August 9th, 2022. BACKGROUND: The Eagle County Climate Action Plan (“CAP”) includes Priority Actions and Strategies to reduce greenhouse gas (“GHG”) emissions, also known as “carbon emissions” that contribute to the rising global surface temperature. The CAP identifies Building Electrification or Beneficial Electrification, the general process of replacing a building’s fossil fuel use (e.g., propane, heating oil, gasoline) with electricity in a way that reduces overall emissions and energy costs, as a strategy to address climate change and rising global temperatures. The process is also expressed as “Fuel Switching”. The CAP states regional, annual goals related to Beneficial Electrification that include: • Ten (10) commercial buildings electrified • 1,641 residential homes electrified Additionally, the CAP identifies a Priority Action that building codes for new construction include requirements for “net-zero” or “all-electric” construction. The Town can support the aims of the CAP and specific goals for Beneficial Electrification if we can share with the public and professionals who specialize in fuel switching information concerning the existing conditions of individual buildings and the general landscape of energy systems in local development projects. ANALYSIS: Successful completion of goals related to Beneficial Electrification hinge on the Town’s ability to enable local agencies who specialize in energy audits and site-specific improvements related to energy efficiency to engage with property-owners. The Town, consultants, and electrification specialists are better positioned to facilitate beneficial electrification if they can design outreach campaigns and incentives that reflect the needs of individual property-owners. Several factors can indicate whether a property is a quality candidate for an audit related to beneficial electrification including: • The size, age, and/or use of a building • The age of the Heating, Ventilation and Air Condition (“HVAC”) system • The type of HVAC system • The presence of a gas-delivery system Older buildings with outdated HVAC systems are typically good targets for Beneficial Electrification. The larger the building, the more impact a potential remodel of the HVAC system would have with respect to reducing GHG emissions. As the purpose of Beneficial Electrification is to support a property’s use of clean energy, the presence of a gas-delivery system indicates that a property is likely suitable for a fuel switch to increase renewable electricity use. The replacement of gas-powered stoves, water-heaters, and other 970.748.4014 mmorgan@avon.org Page 2 of 2 critical amenities with similar systems powered by electricity represents progress towards the goals identified in the CAP. In addition to reducing the impacts of climate change, Beneficial Electrification can: 1. Save consumers money 2. Improve consumers’ quality of life and place 3. Foster a more resilient energy grid Given its distributed benefits, Beneficial Electrification represents a win-win-win scenario for Avon community members, energy providers, and the natural environment. However, many property owners are not aware of the potential for their property to undergo Beneficial Electrification, nor the steps or costs associated with updating a building’s energy system. An inventory of buildings, including their respective square footages, age, and energy/heating systems, provides opportunities for targeted outreach and incentive programs that support the transition of properties to consume energy more sustainably, and even generate clean energy themselves. The process for the Town to support Beneficial Electrification locally is ongoing. Recently, the Eagle County Assessor’s Office provided staff with a robust inventory of properties in the Town of Avon. The inventory includes 3,795 individual parcels with details concerning: • The size, age, and use of buildings on each parcel • Primary use of the property (e.g., residential, commercial-lodging, etc.) • Materials used to construct the home • The heating fuel for each property Access to this dataset enables Town staff to enact one or more of the following steps to support Beneficial Electrification in the region: 1. Develop a report to share statistics and trends related to buildings in the Town, and their respective potentials for fuel switching 2. Collaborate with energy auditors and consultants to refine the data into one or more datasets that identifies properties with potential for high-impact renovations that include Beneficial Electrification 3. Conduct outreach campaigns for targeted populations of property-owners to share information regarding Beneficial Electrification 4. Identify opportunities for enhanced funding, likely through grants and public-private partnerships, that meet needs specific to properties in Town FINANCIAL CONSIDERATIONS: The goal to develop and use the building inventory dataset currently has no material cost however, the Town could recruit a third-party consulting company to review and provide recommendations based on the patterns and trends expressed in the data. The building inventory is a resource to assess the Town’s future financial considerations related to climate action, and overall budgeting and investments for improved energy systems in the area. Thank you, Max 970.748.4446 mlabagh@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Michael Labagh, Recreation Director Meghan Hershey, Swim Program Supervisor RE: Recreation Department Community Swim Program Update DATE: July 21, 2022 SUMMARY: The Recreation Department Community Swim Program Division provides quality swim programming for all ages and ability levels. The month of July is National Parks and Recreation Month and to raise awareness the Recreation Department is proud to review and highlight the Town’s Community Swim Program division since its inception in 2016. BACKGROUND: The Community Swim Program division was formed in the Fall of 2016 with the goal to provide children the opportunity to learn to swim. The department believes that all swimmers should have the opportunity to improve swimming skills and achieve success at his or her level of ability, from novice to nationally ranked competitors. The program was also designed to enable low-income families to afford swim lesson or swim team participation without the financial burden that often accompanies the sport. The department works with families who qualify for the free and/or reduced lunch program within Eagle County School District. ANALYSIS: The Community Swim Program division offers swim lesson and swim team programs for people of all ages and ability levels. Throughout the past five years, the Recreation Department has developed a streamlined program where children who complete the Learn to Swim program and potentially join the swim team, can move into an environment where the swim program participants want to continue to work in aquatics. Swim program participants give back to the community and the sport they love through working for the Town as a lifeguard, swim instructor or swim coach. Fourteen swim lesson or swim team participants have become Town of Avon employees over the past five years, and many more are looking forward to joining the program as they turn 15 years of age. Group Swim Lessons: The Recreation Department offers group swim classes for children and adults of all ages and ability levels. With growth and efficiency in mind, the department implemented the American Red Cross Learn-to-Swim Program in 2020. Class offerings include Parent and Child Aquatics (Age 6 months – 36 months), Preschool Aquatics (Age 36 months – 5 years), Youth Aquatics (Age 6 - 12 years), Teen Learn to Swim (Age 13 - 17 years) and Adult Learn to Swim (Age 18 and up). A session of group swim lessons includes 4-6, thirty-minute classes and costs between $28.00 - $42.00. Each class can accommodate 4-10 participants, depending on the type of swim lesson and participant ability level. Swim Team: The Recreation Department offers four different levels within the swim team program: Recreational, USA Swimming Age-Group, USA Swimming Senior and Vail Ski and Snowboard Academy (VSSA)/USA Swimming Senior. Participants practice year-round, 2-6 days per week, depending on the program level. All USA Swimming level swimmers participate in swim meets monthly and travel around the 970.748.4446 mlabagh@avon.org entire state. Within the past 5 years the program has seen several swimmers qualify and attend regional and national swim meets. Avon also hosts a recreational swim meet at the recreation center and the Colorado Swimming Open Water Championships at Harry A. Nottingham Lake and Beach on an annual basis. Meghan Hershey, the Town’s Swim Program Supervisor, maintains an active role in Colorado Swimming. She was named Age-Group Coach of the Year in 2021 and has been selected to represent Team Colorado at the region’s annual All-Stars swim meet for multiple years. Meghan also is the Chairman for the Open Water Swimming Committee for Colorado Swimming. The Town is fortunate to have Meghan lead the Community Swim Program with a high level of dedication and passion. The swim team also benefits from the support provided by the non-profit booster club, Friends of Avon Swim Club. The booster club was formed to assist the swim team with general communication, volunteer responsibilities, parent resources and assists with funding for supplemental team activities. The Recreation Department is looking forward to maintaining and building a relationship with the booster clu b to better support the program participants. EAGLE COUNTY SCHOOLS PARTNERSHIP: The Community Swim Program relies on support and coordination with Eagle County School District staff, specifically at Avon Elementary School. Avon students can walk to the recreation center which simplifies transportation needs for other schools. Staff continue to pursue grant opportunities and work with the district to assist with transportation costs for other schools in the area. Avon Elementary School Learn to Swim Program: Students in grades 1, 3 and 5 receive four, discounted, thirty-minute group swim lessons per year. Students are assessed and divided into learning groups of similar swimming ability. Upwards of 180 students at Avon Elementary School will go through the school swim lesson program each year. Battle Mountain High School Physical Education Classes: During the 2017-2018 and 2018-2019 school years, the department offered a swimming curriculum for the Physical Education classes for grades 9 and 10. All students received four, discounted, 1-hour lessons in swimming skills and basic water rescue. Vail Ski and Snowboard Academy (VSSA): VSSA is a unique public school that allows dedicated athletes the opportunity to train and compete within an optimized school day schedule. Athletic practices are held during the morning hours and students attend school between 11:30 a.m. and 5:00 p.m. da ily during the Winter months. In 2019 the department began a partnership with VSSA to provide an opportunity for the swim team’s high performing athletes. Beginning in the 2022-2023 school year, the program will more than double its current size, growing from six to fourteen swimmers. In addition to the students that attend VSSA, the program also welcomes five homeschooled children; their attendance at morning training helps alleviate the crowding of lap lanes for open swim and swim team practices in the evenings. 970.748.4446 mlabagh@avon.org FINANCIAL CONSIDERATIONS: Since 2017, the Community Swim Program division has seen a 55% increase in revenue and a 78% increase in expenses. The program’s cost recovery (revenue/expenses) has fluctuated between 56% to 97%. Over the past five years, part-time staff wages have increased from $12.29 per hour to $20.00 per hour. Private Swim Lesson Instructors (Personal Training) continue to be paid 75% of the gross program fees collected. Although the department has methodically increased program fees within the past five years, staff are committed to adjusting prices to improve program cost recovery while maintaining affordability when compared to peer communities. Community Swim Program division revenue, expenses and cost recovery can be found in the figures below. RECOMMENDATION: I recommend that the Recreation Department continue to offer quality swim programming at all levels and consider the following items to further expand the impact the Swim Program has on the community: o Certify all staff through the American Red Cross as Water Safety Instructors (WSI) o Expand free/reduced swim lesson offerings to Homestake Peak School and Berry Creek Middle School o Formalize school program offerings for grades 1, 3, 5, 7, and 9 o Provide water safety presentations to local youth groups and schools o Implement a Junior Lifeguarding program o Offer free Personal Flotation Device (PFD) program at the recreation center o Increase teen and adult swim lesson offerings o Expand existing youth group swim lesson offerings as staffing allows o Recruit/train Spanish speaking swim instructors o Expand Masters (adult) swim team program 970.748.4446 mlabagh@avon.org Thank you, Michael and Meghan ATTACHMENTS: Attachment A: Swim Program Photos Attachment B: Community Swim Program Packet – 2016 970.748.4446 mlabagh@avon.org Attachment A: Swim Program Photos TOWN OF AVON COMMUNITY SWIM PROGRAM NOVEMBER 1, 2016 – DECEMBER 31, 2017 All children should have the ability to learn to swim. All swimmers should have an opportunity to improve swimming skills and achieve success at his or her level of ability, from novice to competitor. CONTACT INFORMATION John Curutchet, Director of Recreation (970)748-4059 Ryan Graham, Aquatics Supervisor, (970)748-4446 Community Swim Program Manager, (970)748-4060 September, 2016 Dear Avon residents, members of the Vail Valley and visitors, Welcome swimmers! I am excited to be sharing with you the Avon Recreation Department’s Community Swim Program. My staff is focused on the preparation needed to fully launch all swim levels of this program for great success beginning on day one. Our promise is to deliver a high quality swim program, which meets your needs, and which ensures all swimmers can achieve his or her highest level of proficiency, whether that is learning to swim, continuing as a recreational swimmer or taking on the challenge of competitive swimming. Achievement in these objectives will be successful through:  Hiring qualified and motivated swim coaches and swim instructors presents opportunities for all ages and ability levels to learn to swim and to advance their swimming abilities and aspirations.  Tracking the success of each swimmer, through detailed recordkeeping of swim meet race times, and records of each participant’s progress in swimming progression, will aid in meeting swimmer growth in the sport.  Partnering with the Eagle County School District, and specifically with the Avon Elementary School, will be the best conduit to ensuring all children learn to swim.  Providing financial aid will increase swim program participation for all levels of our socioeconomic demographic. This is an important founding principle in our program.  Fully engaging with parents to ensure we, as staff, are meeting swimmer needs, providing the competitive challenge required and listening to concerns and ideas is a core value of our program.  Supporting the formation of a parent nonprofit booster club to promote the Town and parents work in collaboration to fully meet the needs of our swimmers. I believe that swimming is a vital lifetime activity – a right rather than a privilege and, as such, I trust you share in the Avon Recreation Center philosophy that all children have the ability to learn to swim; and that all swimmers should have an opportunity to improve swimming skills and achieve success at his or her level of ability, from novice to competitor. My staff and I are ready to work with you. Again, welcome to the Recreation Department’s swim program. Sincerely, John Curutchet John Curutchet Town of Avon Recreation Director TABLE OF CONTENTS SECTION ONE LEARN TO SWIM PROGRAMS PAGE Learn to Swim Programs ………………………………… 1.1 Learn to Swim Fee Structure …………………………… 1.2 Learn to Swim Monthly Schedules …………………… 1.3 SECTION TWO AVON SWIM TEAM PROGRAMS: PREP, RECREATIONAL & USA SWIMMING PAGE Swim Team Programs …………………………………… 2.1 Swim Team Fee Structure ……………………………… 2.2 Swim Team Schedules …………………………………… 2.3 SECTION THREE FINANCIAL ASSISTANCE PAGE General Policy ………………………………………………….. 3.1 Application ………………………………………………………. 3.2 SECTION FOUR NONPROFIT BOOSTER CLUB PAGE Collaboration Policy ………………………………………….. 4.1 APPENDIX: Marketing Plan SECTION ONE LEARN TO SWIM PROGRAMS PAGE Learn to Swim Programs 1.1 Learn to Swim Fee Structure 1.2 Learn to Swim Monthly Schedules 1.3 LEARN TO SWIM PROGRAMS The Recreation Department firmly believes that it is not only within our scope to offer a swim program, but it is our responsibility to ensure all members of our community have the opportunity to learn to swim and the option to pursue swimming at a high level. The Recreation Department has forged positive collaborative relationships with the community and directly with Avon Elementary School (AES). Included in our community Learn to Swim program will be a Physical Education curriculum at AES. The Learn to Swim progression is as follows. Parent and Tot This class is for parents and young swimmers ages six months to two years old. Primary areas of focus include: supported back float progression, supported front float, rolling from front to back, supported jump in progression and most definitely socialization and fun! LTS 1 This course is designed for the first time swimmer. The class provides an introduction to learn to swim progression. Prior experience is not required. Main areas of focus include: Overcoming anxiety of being in the water, beginning breath control, front float with support, back float with support, supported front float with kick, supported back float with kick and jump in progression. Primary skills acquired to move forward to next level: jump in to unsupported back float. Successful completion graduates to LTS 2. LTS 2 Swimmers at this level should have the ability to submerges completely and perform front and back floats with little to no support. Main areas of focus include: Front and back float without support, unsupported front and back float with kick. Introduction to combined movements, float kick pull in both front and back positions. Successful completion graduates to LTS 3. LTS 3 This course is for swimmers that are moving on top of the water independently. Primary areas of focus include: Advancing and refining breath control in front crawl, advancing distance in back crawl, intro to elementary backstroke and breaststroke and beginning dive progression. Successful completion of this course graduates to swim team prep. Learn to Swim Fee Structure Parent & Me Program Session Date Days Fee Parent & Tot Winter Feb 14th – Feb 23rd Tuesday/Thursday $25 Parent & Tot Spring Mar 14th – Mar 23rd Tuesday/Thursday $25 Parent & Tot Summer June 6th – June 15th Tuesday/Thursday $25 Parent & Tot Summer July 11th – July 20th Tuesday/Thursday $25 Parent & Tot Fall Sept 19th – Sept 28th Tuesday/Thursday $25 Learn to Swim Levels 1-3: Program Session Date Days Fee LTS 1-3 Winter Feb 7th – Mar 2nd Tuesday/Thursday $45 LTS 1-3 Spring Mar 14th – Apr 6th Tuesday/Thursday $45 LTS 1-3 Summer June 5th – June 28th Monday/Wednesday $45 LTS 1-3 Summer June 6th – June 29th Tuesday/Thursday $45 LTS 1-3 Summer July 10th – Aug 2nd Monday/Wednesday $45 LTS 1-3 Summer July 11th – Aug 3rd Tuesday/Thursday $45 LTS 1-3 Fall Sept 19th – Oct 12th Tuesday/Thursday $45 Learn to Swim Levels 1-3 Saturdays: Program Session Date Days Fee LTS 1-3 Winter Feb 4th – Feb 25th Saturday $25 LTS 1-3 Spring March 11th – Apr 1st Saturday $25 LTS 1-3 Summer June 3rd – June 25th Saturday $25 LTS 1-3 Summer July 8th – July 29th Saturday $25 LTS 1-3 Fall Sept 9th – Sep30th Saturday $25 Private Learn to Swim lessons, $25.00 per half hour Semi-Private Learn to Swim lessons, $35.00 per half hour Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Parent & Tot 9-9:30am 15. 16. Parent & Tot 9-9:30am 17. 18. 19. 20. 21. Parent & Tot 9-9:30am 22. 23. Parent & Tot 9-9:30am 24. 25. 26. 27. 28. 29. 30. Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Parent & Tot 9-9:30am 15. 16. Parent & Tot 9-9:30am 17. 18. 19. 20. 21. Parent & Tot 9-9:30am 22. 23. Parent & Tot 9-9:30am 24. 25. 26. 27. 28. 29. 30. March 2017 Parent & Tot Spring Session: Tuesday & Thursday March 14th – March 23rd February 2017 Parent & Tot Winter Session: Tuesday & Thursday February 7th – February 16th February 2017 March 2017 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. 2. 3. 4. 5. 6. Parent & Tot 9-9:30am 7. 8. Parent & Tot 9-9:30am 9. 10. 11. 12. 13. Parent & Tot 9-9:30am 14. 15. Parent & Tot 9-9:30am 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Parent & Tot 9-9:30am 12. 13. Parent & Tot 9-9:30am 14. 15. 16. 17. 18. Parent & Tot 9-9:30am 19. 20. Parent & Tot 9-9:30am 21. 22. 23. 24. 25. 26. 27. 28. 29. June 2017 Parent & Tot Summer Session 1: Tuesday & Thursday June 6th – June 15th July 2017 Parent & Tot Summer Session 2: Tuesday & Thursday July 11th – July 20th June 2017 July 2017 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Parent & Tot 9-9:30am 20. 21. Parent & Tot 9-9:30am 22. 23. 24. 25. 26. Parent & Tot 9-9:30am 27. 28. Parent & Tot 9-9:30am 29. 30. September 2017 Parent & Tot Fall Session: Tuesday & Thursday September 19th – September 28th September 2017 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. 2. 3. 4. 5. 6. 7. LTS 1 4:30-5:00pm LTS 2 5:05-5:35pm LTS 3 5:40-6:10pm 8. 9. LTS 1 4:30-5:00pm LTS 2 5:05-5:35pm LTS 3 5:40-6:10pm 10. 11. 12. 13. 14. LTS 1 4:30-5:00pm LTS 2 5:05-5:35pm LTS 3 5:40-6:10pm 15. 16. LTS 1 4:30-5:00pm LTS 2 5:05-5:35pm LTS 3 5:40-6:10pm 17. 18. 19. 20. 21. LTS 1 4:30-5:00pm LTS 2 5:05-5:35pm LTS 3 5:40-6:10pm 22. 23. LTS 1 4:30-5:00pm LTS 2 5:05-5:35pm LTS 3 5:40-6:10pm 24. 25. 26. 27. 28. Learn to Swim Levels 1-3 (LTS) Tuesday/Thursday Winter Session February 7th – March 2nd February 2017 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. LTS 1 4:30-5:00pm LTS 2 5:05-5:35pm LTS 3 5:40-6:10pm 15. 16. LTS 1 4:30-5:00pm LTS 2 5:05-5:35pm LTS 3 5:40-6:10pm 17. 18. 19. 20. 21. LTS 1 4:30-5:00pm LTS 2 5:05-5:35pm LTS 3 5:40-6:10pm 22. 23. LTS 1 4:30-5:00pm LTS 2 5:05-5:35pm LTS 3 5:40-6:10pm 24. 25. 26. 27. 28. LTS 1 4:30-5:00pm LTS 2 5:05-5:35pm LTS 3 5:40-6:10pm 29. 30. LTS 1 4:30-5:00pm LTS 2 5:05-5:35pm LTS 3 5:40-6:10pm 31. 1. Sunday Monday Tuesday Wednesday Thursday Friday Saturday 2. 3. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 4. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 5. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 6. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 7. 8. March 2017 Learn to Swim Levels 1-3 (LTS) Tuesday/Thursday Spring Session March 14th – April 6nd April 2017 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. 2. 3. 4. 5. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 6. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 7. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 8. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 9. 10. 11. 12. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 13. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 14. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 15. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 16. 17. 18. 19. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 20. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 21. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 22. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 23. 24. 25. 26. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 27. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 28. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 29. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 30. Learn to Swim Levels 1-3 (LTS) Monday/Wednesday Summer Session 1 Tuesday/Thursday Summer Session 1 June 5-28 or June 6-29 June 2017 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 2. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 3. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 4. 5. Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 11. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 12. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 13. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 14. 15. 16. 17. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 18. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 19. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 20. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 21. 22. 23. 24. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 25. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 26. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 27. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 28. 29. 30. 31. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am Learn to Swim Levels 1-3 (LTS) Monday/Wednesday Summer Session 2 Tuesday/Thursday Summer Session 2 July 10 – August 2nd or July 11th- August 3rd July 2017 Aug 2017 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. LTS 1 4:30-5:00pm LTS 2 5:05-5:35pm LTS 3 5:40-6:10pm 20. 21. LTS 1 4:30-5:00pm LTS 2 5:05-5:35pm LTS 3 5:40-6:10pm 22. 23. 24. 25. 26. LTS 1 4:30-5:00pm LTS 2 5:05-5:35pm LTS 3 5:40-6:10pm 27. 28. LTS 1 4:30-5:00pm LTS 2 5:05-5:35pm LTS 3 5:40-6:10pm 29. 30. Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. 2. 3. LTS 1 4:30-5:00pm LTS 2 5:05-5:35pm LTS 3 5:40-6:10pm 4. 5. LTS 1 4:30-5:00pm LTS 2 5:05-5:35pm LTS 3 5:40-6:10pm 6. 7. 8. 9. 10. LTS 1 4:30-5:00pm LTS 2 5:05-5:35pm LTS 3 5:40-6:10pm 11. 12. LTS 1 4:30-5:00pm LTS 2 5:05-5:35pm LTS 3 5:40-6:10pm Learn to Swim Levels 1-3 (LTS) Tuesday/Thursday Fall Session September 19th – October 12th September 2017 October 2017 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. 2. 3. 4. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 5. 6. 7. 8. 9. 10. 11. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 12. 13. 14. 15. 16. 17. 18. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 19. 20. 21. 22. 23. 24. 25. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 26. 27. 28. February 2017 Learn to Swim (LTS) Saturday Winter Session February 4th – February 25th Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 12. 13. 14. 15. 16. 17. 18. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 19. 20. 21. 22. 23. 24. 25. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 26. 27. 28. 29. 30. 31. Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am March 2017 Learn to Swim (LTS) Saturday Spring Session March 11th – April 1st March 2017 April 2017 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. 2. 3. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 4. 5. 6. 7. 8. 9. 10. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 11. 12. 13. 14. 15. 16. 17. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 18. 19. 20. 21. 22. 23. 24. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 25. 26. 27. 28. 30. Learn to Swim Levels 1-3 (LTS) Saturday Summer Session 1 June 3rd – June 24th June 2017 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. 2. 3. 4. 5 6. 7. 8. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 9. 10. 11. 12. 13. 14. 15. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 16. 17. 18. 19. 20. 21. 22. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 23. 24. 25. 26. 27. 28. 29. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 30. 31. Learn to Swim Levels 1-3 (LTS) Saturday Summer Session 2 July 8th – July 29th July 2017 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. 2. 3. 4. 5. 6. 7. 8. 9. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 10. 11. 12. 13. 14. 15. 16. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 17. 18. 19. 20. 21. 22. 23. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am 24. 25. 26. 27. 28. 29. 30. LTS 1 9-9:30am LTS 2 9:35-10:05am LTS 3 10:10-10:40am Learn to Swim Levels 1-3 (LTS) Saturday Fall Session September 9th – September 30th September 2017 SECTION TWO AVON SWIM TEAM PROGRAMS PREP, RECREATIONAL & USA SWIMMING PAGE Swim Team Programs 1.1 Swim Team Fee Structure 1.2 Swim Team Monthly Schedules 1.3 AVON SWIM TEAM PROGRAMS The Avon Swim Team Programs seek to provide both recreational and competitive swim opportunities by offering high quality professional coaching and technique instruction for all ages and abilities. It is our objective to provide every swimmer an opportunity to improve swimming skills and achieve success at his or her level of ability, from novice to national competitor. Our coaches will ensure that time spent will be quality and productive time. Swim Team Prep This program is designed for swimmers ages 5-12 that have successfully completed our LTS 3 course and desire to advance their swimming skills and stroke technique in a lap pool format. Groups may be up to 15 swimmers and practice for 45 minutes to one hour, twice per week. Recreation Level Swim Team This program is geared to swimmers ages 6-18 that are interested in advancing the swimming skills and stroke technique in all four swimming strokes. This program provides an introduction to swimming competition and racing technique. Practice lasts 1.5 hours with workouts 3-4 times per week. Three local swim meets are offered during the summer swim season. USA Swimming Competitive Team This highly competitive travel team is designed for the swimmer that desires to train year-round and compete at the State Level 1 to potentially national level. Swimmers are well coached, and highly disciplined and well versed in all strokes and rules of competition. The Recreation Department is vested in the success of each individual involved in the program. Coaches will track a swimmer’s success through detailed recordkeeping of swim meet race times, and records of each participant’s progress in our Learn to Swim progression will be on file. Our program will be fully managed by on site coaches and administrators, leaving multiple conduits for parent feedback and immediate answers to questions and concerns. This team is an integral member of the Western Slope League and across the State, taking pride in meeting parent volunteer requirements at meets. Swimmers are represented by USA Swimming certified coaches at all practices and swim meets. Swim Competitions for the winter season will be as follows: Sopris Deep Freeze: Glenwood Spring... Nov 12, 2016 - Nov 13, 2016 (01:00 PM) CSI Pioneer Open: Denver, CO Dec 3, 2016 (07:00 AM) - Dec 4, 2016 (06:00 PM) Distance Camp: Grand Junction, CO Dec 26, 2016 (03:00 PM) - Dec 30, 2016 (12:00 PM) MAValanche Meet: Grand Junction, C... Jan 7, 2017 (03:00 PM) - Jan 8, 2017 (06:00 PM) Sopris Last Chance Meet Feb 5, 2017 (10:00 AM) - Feb 5, 2017 (04:00 PM) Jeffco February Finale: Broomfield... Feb 11, 2017 (09:00 AM) - Feb 12, 2017 (05:00 PM) Organized under the auspices of the Town of Avon, the option to have a nonprofit club, run by and elected Board of Directors oversee and manage the team will be evaluated periodically. [See Section 5 Nonprofit Booster Club for nonprofit organization formation in 2016.] Avon Swim Team Fee Structure Dates Program Session Fee Monthly Option January – April Winter Avon Rec Swim Team Winter $320 $90/ month January – April Winter Avon USA Swim Team Winter $380 $105/month May – August Summer Avon Rec Swim Team Summer $320 $90/ month May – August Summer Avon USA Swim Team Summer $380 $105/month September – November Fall Avon Rec Swim Team Fall $320 $90/ month September – November Fall Avon USA Swim Team Fall $380 $105/month January – April Winter Prep Team Winter/Fall $220 $65/ month May – August Summer Prep Team Summer $220 $65/ month Sept – Nov Fall Prep Team Summer $220 $65/ month Private competitive swim lessons, $45.00 per hour Semi-Private competitive lessons, $60.00 per hour Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 2. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 3. Prep Swim Team 4:30-5:15pm Rec Swim Team 4-5:30pm USA Swim Team 4-6pm 4. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 5. 6. 7. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 8. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 9. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 10. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 11. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 12. Sopris Meet 13. Sopris Meet 14. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 15. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 16. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 17. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 18. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 29. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 30. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm November 2016 Swim Team Winter Session Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 2. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 3. CSI Pioneer Open 4. CSI Pioneer Open 5. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 6. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 7. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 8. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 9. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 10. 11. 12. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 13. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 14. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 15. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 16. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 17. 18. 19. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 20. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. December 2016 Swim Team Winter Session Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. 2. 3. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 4. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 5. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 6. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 7. Mavalanche Grand Junction 8. Mavalanche Grand Junction 9. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 10. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 11. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 12. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 13. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 14. 15. 16. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 17. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 18. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 19. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 20. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 21. 22. 23. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 24. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 25. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 26. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 27. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 28. Tops Open 29. Tops Open 30. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 31. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm January 2017 Swim Team Session 1 January 2nd – April 21st Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 2. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 3. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 4. 5. Sopris Last Chance 6. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 7. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 8. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 9. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 10. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 11. Loveland Challenge 12. Loveland Challenge 13. 14. 15. 16. 17. 18. 19. 20. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 21. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 22. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 23. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 24. State Meet 25. State Meet 26. State Meet 27. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 28. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm February 2017 Swim Team Session 1 January 2nd – April 21st Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 2. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 3. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm Silver State Meet 4. Silver State Meet 5. Silver State Meet 6. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 7. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 8. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 9. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 10. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 11. WSL Bronze Meet 12. 13. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 14. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 15. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 16. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 17. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 18. 19. 20. 21. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 22. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 23. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 24. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 25. 26. 27. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 28. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 29. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 30. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 31. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm March 2017 Swim Team Session 1 January 2nd – April 21st Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. 2. 3. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 4. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 5. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 6. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 7. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 8. 9. 10. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 11. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 12. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 13. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 14. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. April 2017 Swim Team Session 1 January 2nd – April 21st Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 2. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 3. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 4. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 5. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 6. 7. MAV LC Kick off 8. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 9. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 10. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 11. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 12. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 13. Sopris IMX 14. Sopris IMX 15. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 16. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 17. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 18. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 19. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 20. 21. 22. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 23. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 24. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 25. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 26. Aces Spring Open 27. Aces Spring Open 28. 29. 30. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 31. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm May 2017 Swim Team Session 2 May 1st – August 11th Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 2. Rec Swim Team 4:30-5:45pm USA Swim Team 9:00-11:00 am USA Swim Team 4:30-6:30pm 3. 4. 5. USA Swim Team 9:00-11:00 am USA Swim Team 4:30-6:30pm Rec Swim Team 4:30-5:45pm 6. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 7. USA Swim Team 9:00-11:00 am USA Swim Team 4:30-6:30pm Rec Swim Team 4:30-5:45pm 8. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 9. USA Swim Team 9:00-11:00 am USA Swim Team 4:30-6:30pm Rec Swim Team 4:30-5:45pm 10. Aspen Meet 11. Aspen Meet 12. USA Swim Team 9:00-11:00 am USA Swim Team 4:30-6:30pm Rec Swim Team 4:30-5:45pm 13. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 14. USA Swim Team 9:00-11:00 am USA Swim Team 4:30-6:30pm Rec Swim Team 4:30-5:45pm 15. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 16. USA Swim Team 9:00-11:00 am USA Swim Team 4:30-6:30pm Rec Swim Team 4:30-5:45pm 17. 18. 19. USA Swim Team 9:00-11:00 am USA Swim Team 4:30-6:30pm Rec Swim Team 4:30-5:45pm 20. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 21. USA Swim Team 9:00-11:00 am USA Swim Team 4:30-6:30pm Rec Swim Team 4:30-5:45pm 22. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm Grand Junction Invite 23. Rec Swim Team 4-5:30pm Grand Junction Invite 24. Grand Junction Invite 25. Grand Junction Invite 26. USA Swim Team 9:00-11:00 am USA Swim Team 4:30-6:30pm Rec Swim Team 4:30-5:45pm 27. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 28. USA Swim Team 9:00-11:00 am USA Swim Team 4:30-6:30pm Rec Swim Team 4:30-5:45pm 29. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 30. USA Swim Team 9:00-11:00 am USA Swim Team 4:30-6:30pm Rec Swim Team 4:30-5:45pm June 2017 Swim Team Session 2 May 1st – August 11th June 2017 Swim Team Session 2 May 1st – August 11th Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. 2. 3. 4. 5. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 6. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 7. Rec Swim Team 4:30-5:45pm Montrose Open 8. Montrose Open 9. Montrose Open 10. USA Swim Team 9:00-11:00 am USA Swim Team 4:30-6:30pm Rec Swim Team 4:30-5:45pm 11. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 12. USA Swim Team 9:00-11:00 am USA Swim Team 4:30-6:30pm Rec Swim Team 4:30-5:45pm 13. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 14. Rec Swim Team 4:30-5:45pm WSL Champs 15. WSL Champs 16. WSL Champs 17. USA Swim Team 9:00-11:00 am USA Swim Team 4:30-6:30pm Rec Swim Team 4:30-5:45pm Prep Swim Team 4:30-5:15pm 18. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 19. USA Swim Team 9:00-11:00 am USA Swim Team 4:30-6:30pm Rec Swim Team 4:30-5:45pm Prep Swim Team 4:30-5:15pm 20. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 21. USA Swim Team 9:00-11:00 am USA Swim Team 4:30-6:30pm Rec Swim Team 4:30-5:45pm Prep Swim Team 4:30-5:15pm 22. 23. 24. USA Swim Team 9:00-11:00 am USA Swim Team 4:30-6:30pm Rec Swim Team 4:30-5:45pm 25. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 26. USA Swim Team 9:00-11:00 am USA Swim Team 4:30-6:30pm Rec Swim Team 4:30-5:45pm 27. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 28. Rec Swim Team 4:30-5:45pm States Last Chance 29. States Last Chance 30. States Last Chance 31. USA Swim Team 9:00-11:00 am USA Swim Team 4:30-6:30pm Rec Swim Team 4:30-5:45pm July 2017 Swim Team Session 2 May 1st – August 11th Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 2. USA Swim Team 9:00-11:00 am USA Swim Team 4:30-6:30pm Rec Swim Team 4:30-5:45pm 3. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 4. USA Swim Team 9:00-11:00 am USA Swim Team 4:30-6:30pm Rec Swim Team 4:30-5:45pm 5. 6. 7. USA Swim Team 9:00-11:00 am USA Swim Team 4:30-6:30pm Rec Swim Team 4:30-5:45pm 8. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 9. USA Swim Team 9:00-11:00 am USA Swim Team 4:30-6:30pm Rec Swim Team 4:30-5:45pm 10. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 11. USA Swim Team 9:00-11:00 am USA Swim Team 4:30-6:30pm Rec Swim Team 4:30-5:45pm 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24 25. 26. 27. 28. 29. 30. August 2017 Swim Team Session 2 May 1st – August 11th Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 2. 3. 4. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 5. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 6. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 7. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 8. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 9. 10. 11. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 12. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 13. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 14. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 15. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 16. 17. 18. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 19. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 20. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 21. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 22. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 23. 24. 25. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 26. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 27. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 28. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 29. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 30. September 2017 Meet Schedule TBD Swim Team Session 3 September 4th – November 17th Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. 2. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 3. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 4. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 5. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 6. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 7. 8. 9. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 10. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 11. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 12. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 13. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 14. 15. 16. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 17. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 18. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 19. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 20. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 21. 22. 23. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 24. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 25. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 26. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 27. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 28. 29. 30. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 31. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm October 2017 Meet Schedule TBD Swim Team Session 3 September 4th – November 17th Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 2. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 3. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 4. 5. 6. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 7. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 8. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 9. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 10. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 11. 12. 13. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 14. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 15. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 16. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 17. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 18. 19. 20. 21. 22. 23. 24. 25. November 2017 Meet Schedule TBD Swim Team Session 3 September 4th – November 17th Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 2. 3. 4. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 5. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 6. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 7. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 8. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 9. 10. 11. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 12. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 13. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 14. Prep Swim Team 4:30-5:15pm Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 15. Rec Swim Team 4:30-5:45pm USA Swim Team 4:30-6:30pm 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. December 2017 Meet Schedule TBD SECTION THREE FINANCIAL ASSISTANCE PAGE General Policy ………………………………………………….. 3.1 Application ………………………………………………………. 3.1 Financial Assistance GENERAL POLICY: The Town of Avon will provide financial assistance to qualified program participants. Qualifications for financial assistance will be provided at the time of registration announcements. As a general practice, qualifications will be met for students who are included in the Eagle County School District free and reduced lunch program. The Town will also research and pursue applicable grant and alternative funding opportunities to aid in off-setting program costs, and increasing program participation. The Town will be offering four-day, half-hour lessons annually to the first, third and fifth grade classes in 2017, at a per student cost of $7.00 for the four half-hour contacts. Our outreach strategies will include working with the school to provide parents with information in English and Spanish about opportunities to join all levels of our swim program at a free or subsidized rate. APPLICATION: Applications are available through the Avon Recreation Center. Please call (970)748-4060 for more details. SECTION FOUR NONPROFIT BOOSTER CLUB PAGE Collaboration Policy …………………………………………. 4.1 NONPROFIT BOOSTER CLUB COLLABORATION POLICY: The Town of Avon respects and desires the participation of parents, students and community members in developing, participating and evaluating in the Community Swim Program. The opportunity for the Town to join with a nonprofit booster club to meet program objectives and swimmer needs is a partnership the Town eagerly supports. Parent volunteers can help fill gaps in funding, help organize meet volunteer responsibilities, build swim awareness and broadcast swimmer successes. The Town looks forward to assisting, as may be needed, in a club being formed. APPENDIX MARKETING PLAN We are committed to an aggressive marketing strategy to ensure all members of our community learn about level offerings, understand the comprehensive program and specific elements of each program, and how to gain access. A successful outreach program is integral to the Recreation Department reaching our objectives of increasing participation in all levels of our Community Swim Program. The detailed marketing strategy will include the following: 1. Quarter page ads in the Vail Daily for USA Swim Team, Non-USA Swim Team and Swim Team Prep for the months of March, August, September and December. 2. Weekly Facebook posts for both teams and a monthly Facebook “boost” for all teams. 3. Fliers in English and Spanish posted in the Avon Recreation Center specific to each session, and dual language fliers delivered to Avon Elementary school before each session for parent packets. Fliers detail the program, but also the opportunity and process to apply for free or reduced program participation. 4. Quarter page ads placed in the Vail Daily one month prior to each Learn to Swim session. 5. Facebook post and two “boosts” two weeks prior to each session . 6. Fliers available in the Recreation Center in English and Spanish to outline the details of the Learn to Swim program. Fliers will also include information for application procedures and information about opportunities for free or reduced program participation. 7. Parent and Me program posted on Vail Mom’s Facebook group one month prior to each session as well as dual language flier marketing. 8. Fliers in English and Spanish posted at Homestake Peak and Avon Elementary after school programs. 9. E-mail addresses will compiled from all youth program participants to create a master list for program email blasts of all upcoming swim programs and reduced fee program opportunities. The marketing plan will be evaluated for success on a proactive basis. 970-748-4045 jhildreth@avon.org     TO: Honorable Mayor Smith Hymes and Council members FROM: Justin Hildreth, Town Engineer RE: Notice of Award – East Park Improvements and North Restrooms, Harry A. Nottingham Park DATE: July 21, 2022 SUMMARY: The East Park Improvements and North Restroom Projects in Harry A. Nottingham Park were advertised for bids on June 16, 2022, and the bid opening was on July 19th, 2022. We did not receive any bids from Contractors for the project. Two contractors were preparing bids for the project and ultimately decided not to submit. I contacted the contractors to inquire why, and they stated they had concerns about staffing the project with their existing workload and the sub-contractors were busy and were not able to submit bids to the general contractors. I’m currently soliciting input from the contractors that were preparing bids in order to understand their concerns and improve the bid documents for re-posting. I will also update the November 2021 cost estimate prepared by Zehren and Associates with more detailed and up to date information for preparation of the 2023 Capital Projects Fund budget. The project will be bid out again in November with a bid opening in December. The Notice of Award will be presented to Council at the January 10th, 2023, meeting. Construction will start potentially in April 2023 and be completed in April 2024. Thanks, Justin 1 AVON PLANNING & ZONING COMMISSION MEETING ABSTRACT TUESDAY, JULY 19, 2022 - MEETING BEGINS AT 5:00 PM 100 MIKAELA WAY – AVON TOWN COUNCIL CHAMBERS – AVON TOWN HALL 1. CALL TO ORDER AND ROLL CALL ACTION: THE MEETING WAS CALLED TO ORDER AT 5:06PM BY INTERIM CHAIRPERSON GOLEMBIEWSKI. A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS PRESENT WERE BILL GLANER, MARTY GOLEMBIEWSKI, KEVIN HYATT, AND ANTHONY SEKINGER. ALSO PRESENT WERE TOWN ATTORNEY KARL HANLON, TOWN MANAGER ERIC HEIL, PLANNING DIRECTOR MATT PIELSTICKER, SENIOR PLANNER JENA SKINNER, AND PLANNER 1+ MAX MORGAN. 2. APPROVAL OF AGENDA ACTION: COMMISSIONER GLANER MOTIONED TO APPROVE THE AGENDA. THE MOTION WAS SECONDED BY COMMISSIONER SEKINGER, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 4-0 VOTE. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEM COMMISSIONER GOLEMBIEWSKI STATED THAT BOB YOST, THE APPLICANT FOR #MNR22015 AND AEC#22005, IS A PERSONAL FRIEND. COMMISSIONER GOLEMBIEWSKI CONTINUED THAT THE FRIENDSHIP WOULD NOT IMPACT HIS ABILITY TO REVIEW THE APPLICATION IMPARTIALLY. THE REMAINING COMMISSIONERS ADVISED THAT THEY FELT COMFORTABLE WITH COMMISSIONER GOLEMBIEWSKI VOTING ON THE APPLICATIONS, AND THAT HE DID NOT NEED TO RECUSE HIMSELF. 4. PUBLIC HEARING – MINOR DEVELOPMENT PLAN AND ALTERNATIVE EQUIVALENT COMPLIANCE FOR FENCE | 2480 SADDLE RIDGE LOOP FILES #MNR22015 & AEC22005 (PLANNER 1+ MAX MORGAN) PUBLIC COMMENTS: THERE WERE NO PUBLIC COMMENTS ACTION: COMMISSIONER SEKINGER MOTIONED TO APPROVE APPLICATION #AEC22005. THE MOTION WAS SECONDED BY COMMISSIONER HYATT. THE MOTION TO APPROVE WAS APPROVED UNANIMOUSLY, 4-0. COMMISSIONER HYATT MOTIONED TO APPROVE APPLICATION #MNR22015. THE MOTION WAS SECONDED BY COMMISSIONER SEKINGER. THE MOTION TO APPROVE WAS APPROVED UNANIMOUSLY, 4-0. 5. CONTINUED PUBLIC HEARING – TEMPORARY USE PERMIT FOR CONSTRUCTION STAGING | 332 E. BEAVER CREEK BOULEVARD & N. POST BLVD | FILE #TMP22002 (PLANNING DIRECTOR MATT PIELSTICKER) PUBLIC COMMENTS: THERE WERE NO PUBLIC COMMENTS ACTION: COMMISSIONER SEKINGER MOTIONED TO APPROVE APPLICATION #TMP22002. THE MOTION WAS SECONDED BY COMMISSIONER GLANER. THE MOTION TO APPROVE WAS APPROVED UNANIMOUSLY, 4-0. 6. CONTINUED PUBLIC HEARING – CODE TEXT AMENDMENTS FOR S HORT TERM RENTAL REGULATIONS | FILE #CTA22002 (SENIOR PLANNER JENA SKINNER) 2 PUBLIC COMMENTS: THERE WERE NONE ACTION: COMMISSIONER SEKINGER MOTIONED TO APPROVE APPLICATION #CTA22002. THE MOTION WAS SECONDED BY COMMISSIONER HYATT. THE MOTION TO APPROVE WAS APPROVED UNANIMOUSLY, 4-0. 7. CONSENT AGENDA 7.1. J ULY 5, 2022 PLANNING AND ZONING COMMISSION MEETING MINUTES ACTION: COMMISSIONER SEKINGER MOTIONED TO APPROVE THE CONSENT AGENDA. THE MOTION WAS SECONDED BY COMMISSIONER GLANER. THE MOTION TO APPROVE THE AGENDA WAS APPROVED UNANIMOUSLY, 4-0 8. STAFF UPDATES 8.1. AMERICAN PLANNING ASSOCIATION, COLORADO CHAPTER ANNUAL CONFERENCE SEPTEMBER 28-30 8.2. LA ZONA KICK-OFF 9. ADJOURN ACTION: COMMISSIONER HYATT MOTIONED TO ADJOURN THE MEETING. THE MOTION WAS SECONDED BY COMMISSIONER GOLEMBIEWSKI. THE MOTION TO ADJOURN WAS APPROVED UNANIMOUSLY, 4-0. THESE MEETING NOTES ARE ONLY A SUMMARY OF THE PROCEEDINGS OF THE MEETING. THEY ARE NOT INTENDED TO BE COMPREHENSIVE OR TO INCLUDE EACH STATEMENT, PERSON SPEAKING OR TO PORTRAY WITH COMPLETE ACCURACY. THE MOST ACCURATE RECORDS OF THE MEETING ARE THE AUDIO RECORDING OF THE MEETING, WHICH CAN BE OBTAINED FROM THE TOWN CLERK’S OFFICE BY SUBMITTING A PUBLIC INFORMATION REQUEST. RESPECTFULLY, Max (970) 748-4113 jshoun@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Jim Shoun, Acting Mobility Manager and Rene Martinez, Parking Mgt Supervisor RE: Parking Management Program Update DATE: July 14, 2022 SUMMARY: Following the March 22, 2022, Council Meeting, Staff solicited and interviewed two parking management companies for Parking Management Services. Risetek Global, LLC., was selected based on its experience, expertise, and turnkey service. Parking Supervisor Rene Martinez was hired to manage the program. All supervisors in the Mobility Division will cross-train in parking and transit management to provide 18/7 onsite coverage. Along with a parking management software subscription, a car-mounted license plate reader (LPR) and a handheld LPR is being purchased. Risetek Global will provide turnkey support such as providing a 24/7 customer service call line, parking and violation fee collection, and permit parking/validations. PARKING MANAGEMENT PROGRAM: Parking Management Schedule Key Elements: - All Avon public parking spaces will have a complimentary 3-hr. limit year-round; 6:00AM – 5:00PM - Paid parking is available at select spaces when Beaver Creek Mountain is open for skiing o 3-Hr Limit then $2/Hr. thereafter o Access includes Texting, QR code, and Customer Service Call Line - All-day parking is available at Old Town Hall and Avon Elementary School - No overnight parking except at the Old Town Hall site; $40 permit parking at the Old Town Hall - Library parking will have a 3-hr. limit year-round Page 2 of 3 - Avon Staff and Council personal vehicles will be registered into the software system for access. - The Recreation Center parking is for Patrons only o Patrons will receive a validation code for 3 hrs. at check-in o Exceptions can be readily managed o Parking violation fee of $50 - Town Hall parking will have a 3-hr. limit year-round o Town Hall Staff will be able to validate guests for longer business meetings or court dates o The weekend ski parking permits for Avon residents will continue - For Parking Enforcement, Mobility Division Supervisor will monitor parking areas with an LPR o $50.00 parking violation fee at the Recreation Center (Ordnance Amendment) o $35.00 parking violation fee for other parking areas o Staff will monitor for parking violations 24/7 (including 12:00am-5am) o Staff will also monitor for parking violations in no-parking zones and on road shoulders Uniformed Signage around Town: Page 3 of 3 Implementation Schedule: August 2022: Preparation and Public Outreach September 2022: Program Rollout and Grace Period October 2022: Program Start (enforcement, Recreation Center & Overnight permit) Nov 23, 2022: Paid-Parking Available Program Costs: 2022: 1st year costs - $40K + ½ FTE 2023: 2nd year costs - $23K + 1 FTE 2024: 3rd year costs - $23K + 1 FTE Thank you, Jim ATTACHMENT A: March 22, 2022, Council Report: Parking Management Update (970) 390-2014 ewilson@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Eva Wilson, Mobility Director; Gary Padilla, Public Works Director; Greg Daly, Chief of Police; Matt Pielsticker, Planning Director; Michael LaBaugh, Recreation Director RE: Parking Management Update DATE: February 25, 2022 SUMMARY: This report follows up on the Nov 9, 2021, Council discussion on parking management for the Town of Avon. Several Councilors had concerns about a paid parking program and its impact on workers. Several Councilors supported a paid parking management program to change behavior and encourage lower reliance on personal vehicle use. Council requested Staff to provide free parking and paid parking options. Parking availability in the Town core has been impacted by overflow from Beaver Creek Resort on several busy weekends this winter season . We have also observed increased illegal parking at the Avon Recreation Center which has impacted their operations. TOWN MANAGER COMMENTS: Council expressed a variety of comments and concerns, including identifying who we are trying to serve and providing free parking for employees. I view the West Beaver Creek Blvd., Lake Street, Benchmark Rd. loop as oriented towards skiers (i.e., Wildridge- Wildwood - Mountain Star - Nottingham residents and visitors) because we have heavily invested in running a skier shuttle on these streets. Therefore, I recommend that paid parking in this area is appropriate for consideration and is an appropriate place to start with paid parking . I recommend the Old Town Hall parking area remain as free parking which can work well fo r employees who desire to park for the entire day. The Recreation Center parking area will need better signage (i.e., NO SKIER PARKING!!! YOU WILL BE TICKETED !!) and active parking enforcement. The Avon Elementary School parking lot may need this management as well. I believe it is important to be conscious of a positive visitor experience and I do not support funding parking management with high parking tickets (e.g., $50+) with the exception of the Recreation Center . Lastly, no matter what we do, I expect we will need to adjust as we experience changes in parking behavior and as parking demands fluctuate. BACKGROUND: There are approximately 343 parking spaces for Town/Public facilities and 168 public on- street parking spaces in the Avon commercial core area and 170 public parking spaces at Traer Creek Plaza. All Parking areas are serviced by Avon Transit. Parking violators will park all day and risk enforcement. A parking ticket costs $35 in the Town core, $25 outside of the Town core, and a Handicap ticket costs $100. Since 2019, over 500 citations were given out, that’s about ½ a ticket per day. Enforcement by the Police Department is limited and is driven by complaints. A Paid-Parking program may encourage parking turnovers and reduce illegal parking. It may also encourage transit use and other greener transportation options by disincentivizing driving. TOWN CORE PARKING MANAGEMENT OPTIONS: Option 1: Free parking: Public parking will be available to everyone with no limit on hours but no overnight parking, including all on-street parking and at the Old Town Hall. Option 2: 3 Hour Free Parking: Public parking would be available for 3 hours only between the h ours of 7am and 5pm. All day free parking would be available at the Old Town Hall parking lot. ATTACHMENT A Page 2 of 4 Option 3: Paid parking on Skier Shuttle Route: Year-round paid parking would be introduced for the parking spaces on Skier Shuttle Route (W Benchmark Rd, Lake Street, and W Beavercreek Blvd) which is proposed to start at $2/hr after the first three hours. Free all-day parking will be available at the old Town Hall Location for employees. The Town of Avon and Beaver Creek Resort invest approximately $250,000 annually on the Skier Express Shuttle. For the choice parking spaces (~100 spaces) shown below, a $2/hr. fee will be applied after three hours. Assuming we can generate $3/parking space/day during the busy weekends, holiday weeks, and spring break weeks (60 days per year) and a modest amount the rest of the year , the projected revenue is $40,000/yr. RECREATION CENTER PARKING MANAGEMENT: The Avon Recreation Center is an important amenity for visitors and locals. With 136 parking spaces, it is sufficient for patrons and town vehicles . Unfortunately, during the winter season, skiers park at the Recreation Center parking lots. This condition is further exac erbated when the Beaver Creek lots are full. Additionally, Beaver Creek Resort stopped leasing the Rodeo Lot due to high cost, and infrequency (happens a couple of times every season.) Attendees to Town Special Events have also encroached on the Recreation Center parking lot. Recommendation: To discourage illegal parking at the Recreation Center, violation fine s will have to increase significantly. In addition, providing additional parking spaces may help with illegal parking. Option 1: Designate the Avon Recreation Center Parking Lots for “Patrons Only” and establish a parking violation fine of $50-100. Town Staff will have the flexibility to permit Special Events parking with signage and notification. Page 3 of 4 Avon Recreation Center And/or Option 2: Open W. BC Blvd (westbound shoulder) for skier overflow parking when the Beaver Creek Resort parking lots are full. Historically, Beaver Creek Resort parking lots fill up several times a year. A parking fee of $10 to $20 would offset the cost of providing a skier shuttle to the site. This option would only be available if we implement the paid parking program. Overflow Skier Parking Area Page 4 of 4 FINANCIAL CONSIDERATIONS: Parking management requires active parking enforcement, even with the existing free parking policies. A full-time parking enforcement officer would work 10 hour shifts four days a week. Two parking enforcement officers would be required to provide coverage seven days a week during the busy seasons. In addition, an electric vehicle, license plate reader and parking management software and equipment would be needed (estimated to cost $100,000). A free parking management program would be managed by the Police Department. A paid-parking management program would be managed by the Mobility Department. The cost of parking enforcement personnel is estimated $90,000/yr. ($60,000 salary plus benefits). Currently, the Transit Supervisor and Superintendent monitor the transit radio after the workday offsite, 5 - 10 pm. The Parking Supervisor would cross -train with the Transit Supervisor for better and full onsite coverage of daily operations for parking and transit (6 am to 10:30 pm daily.) Mobility may be able to support parking enforcement coverage with existing Mobility staff so that only one additional parking enforcement position is required. This would result in an annual op erating expense of $90K along with an initial first year expense of $80,000 for free parking and $100,000 for a partial paid parking program. For program revenue, assuming 5 tickets a day on average throughout all Town parking lots and on-street parking areas at $35 may generate $64,000 annually. If paid parking were introduced additional revenues are estimated at $40,000 annually. Total revenues with partial paid parking is $104,000. Thank You, Eva, Greg, Gary, Matt, and Michael ATTACHMENT A: Nov 9, 2021, Council Report: Paid-parking Analysis and Plan (970) 390-2014 ewilson@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Eva Wilson, Mobility Director; Danita Dempsey, CASE Manager; Gary Padilla, Public Works Director; Greg Daly, Chief of Police; Justin Hildreth, Town Engineer; Matt Pielsticker, Planning Director; Michael LaBaugh, Rec Center Director RE: Paid-Parking Program Analysis DATE: October 18, 2021 SUMMARY: Council requested an analysis of a paid-parking program for the Town of Avon (TOA.) This written report provides a background of our existing parking concerns and proposes a program to implement parking fees for Avon’s publicly owned parking spaces. UCLA Professor Shoup famously coined “Free parking is not free.” The cost of the land, pavement, street cleaning, and maintenance is on the shoulders of taxpayers or consumers, spreading the burden to all people, whether they own a car or not. Managed parking is needed to stimulate turnover and encourage public transit use. Free parking encourages private vehicle usage. For Avon, primary parking concerns are 1) the low turnovers of parking spaces due to employees and skiers, 2) the Recreation (Rec) Center parking spaces are occupied by employees, skiers, and Special Events attendees. On the other hand, Avon residents say they do not attend special events due to a lack of parking, 3) the lack of parking for Harry A. Nottingham Park patrons, 4) the demand for overnight and oversized vehicles in town. Parking violators will park all day and risk enforcement. A parking ticket costs $35, and a Handicap ticket costs $100. Since 2019, over 500 citations were given out, that’s about ½ a ticket per day. Enforcement by the Police Department is limited and is driven by complaints. A Paid-Parking program will encourage parking turnovers and reduce violators. It may also encourage transit use and other greener transportation options by disincentivizing driving. Revenue from a paid- parking program will fund a more systematic, comprehensive enforcement program. For Overnight and Oversized parking needs, there are no available Town-owned spaces that can support this demand. There are discussions with Traer Creek & Hoffmann, to support overnight and oversized vehicles at Tract A. A single-tier fee structure is recommended for simplicity. At the planning stage, a lot of assumptions are made to estimate potential revenue from a paid-parking program. Based on Vail’s revenue and parking inventory (Avon’s 500 spaces - 17% of Vail’s inventory), Avon’s potential revenue could range up to $1,000,000 (17% of Vail’s revenue.) Assuming a much lower demand for the TOA, 50% of the estimated revenue ($500,000) should cover the cost to operate a paid-parking program. Page 2 of 11 Program management will include Parking software, Equipment, and Staffing. Based on implementation costs from other agencies, approximately $200,000 - $300,000 will be needed (Software, Kiosks, Parking Software App, and License Plate Reader.) There are variations among the many different parking software applications. As a start, to manage and enforce the program, an estimate of 3 staff would be needed at a cost of $270,000/year (similar to the Town of Breckenridge.) Potential revenue dedication after program overhead could be 1) transit service 2) micro-mobility service such as ebike shares 3) Parking Pavement Maintenance and Markings, and 4) Green initiatives. BACKGROUND: There are approximately 2,185 public parking spaces in the Avon core area, see Table 1. About 500 spaces are owned and maintained by the Town. Of these, about 160 spaces are on- street spaces with the remaining 340 spaces in lots serving town amenities/services. All Parking areas are serviced by Avon Transit. There are various parking challenges. Table 1. Public Parking Space Inventory in the Avon Community Page 3 of 11 On-Street Parking Turnover of on-street parking continues to be an issue, especially parking spaces on West Benchmark Road. Local employees and Skiers have found those spaces attractive, close to Avon Station and large employment centers such as the Westin and Four Seasons. Demand for parking spaces is dynamic and is somewhat driven by development/construction and employment centers. Rec Center – The Avon Rec Center is an important amenity for visitors and locals. The usage peaks between 5-8 pm. With 136 parking spaces, one may say parking is sufficient. Unfortunately, others have used those parking spaces for other reasons than to visit the Rec Center. During the winter season, skiers looking for free parking have parked at the Rec Center. Attendees to Town Special Events also encroached on the Rec Center parking lot. This summer, a lacrosse tournament, overwhelmed the Rec Center parking lot and many users were unable to access the center. Harry A. Nottingham Park – The north parking lot for the park/beach consists of 20 parking spaces. It is currently marked for 8 drop-offs, 2 ADA, and 10 2-hr parking spaces. The park and beach are very popular. Prior to May 2021, overflow parking was allowed on the shoulders on the north side of W BC Blvd. The ad hoc, parking on the shoulders was not ideal. Visitors were not using the Elementary School parking lot due to distance and terrain concerns. Adding approx. 70 paved, angled, parking spaces on W. BC Blvd is estimated at $1.2M. Although the Sep 2021 Community Survey found 50% of the respondent wanted improvements to parking and pedestrian safety on West Beaver Creek Blvd, many of the residents near the lake did not want the on-street parking. Feedback included trespassing onto private property and inappropriate behavior. Special Events – Summer concerts and evening venues continue to be very popular and are a big draw for the town. In the Sep 2021 Community Survey, 30% of the respondents said they did not attend Town events because parking was too difficult. Attendance can range from 2,000 to 10,000. From a low of 2,000 attendees (assuming half will walk to the venue) 333 parking spaces are estimated to be needed for 1,000 attendees who would drive. To support larger venues, Special Events have leased the Beaver Creek parking lots and private lots. It is expected that more mitigation strategies such as express shuttles are needed to reduce parking space demand for larger venues. Due to the proximity of the Rec Center parking lot to the Performance Pavilion, the Rec Center Parking Lot continues to be encroached upon during special events. Town Hall - Parking spaces at the Town Hall are reserved for Town Hall visitors, Avon staff, and the Seasons Hotel (a 2-hr limit.) There are 4 Drop-off spaces for Prater Ln Preschool. In 2019, the town implemented permit parking for Avon residents on days the Town Hall is closed (Weekends and Holidays). In the 2019-2020 ski season, 8 permits were issued. In the 2020-2021 ski season, 13 permits were issued. The permits are issued electronically via email by the Mobility Dept. Plans are to continue to offer this opportunity to Avon residents. Overnight/Oversized Parking - Staff continues to receive requests for overnight parking for cars, campers, and oversized vehicles. Overnight parking is not permitted in Town-owned parking lots and on-street parking. Prohibition is due to access for snow removal and avoidance to compete with lodges in the summer. For Overnight and Oversized parking needs, there are no available Page 4 of 11 Town-owned spaces that can support this demand. Accommodations have been made for visitors staying in Avon and traveling in campers and oversized vehicles. The Police Dept and Public Works have accommodated them at the upper tier lots at Swift Gulch site, free of charge. This site is designated for future employee housing. There are discussions with Traer Creek & Hoffmann to support overnight and oversized vehicles at Tract A. Local Lodging Parking Management – Avon Lodges varies in the management of their onsite parking. Among the lodges below, only Westin doesn’t provide employee parking. During peak times, holidays, some lodges encourage their employees to take transit or park elsewhere. 1. Comfort Inn: One parking pass per room rental at no additional cost. A second pass may be issued under special request at no additional cost. Employees park on site. Housekeepers use transit. Summer is their highest parking demand. Had issues with violators until PD issued citations. 2. Sheraton: One parking space per room at no additional cost. A second pass may be issued under special request at no additional cost. Employees park on site. The holiday season is their peak demand, and they may ask employees to park elsewhere. During the summer, they receive 1 to 2 requests for RV parking. 3. Christie Lodge: One parking pass per one-bedroom room at no additional cost. Two parking passes per 3-bedroom room at no additional cost. $10/day for additional parking spaces. Employees park on site. Strict monitoring of parking passes. 4. Wyndham: $15/night per vehicle. No limit. Employees park on site/in the garage. 5. Seasons: Free underground parking garage for all guests. Up to 3 vehicles per unit. All employees park on site. Entry gate control parking violators. 6. Westin: $35/$45 (valet) per night for guests. $60/night for non -hotel guests. Gym members have passes. No parking for employees on site. Their biggest issues are requests for oversized vehicles Signage and Consistency in Parking Limits – Parking signs and time limits vary based on location. Consistent parking time limits may be easier to remember, understand, follow, and enforce. W. Benchmark W. Rec Center E. Rec Center Beach Lake Street Library Old Town Hall Page 5 of 11 Enforcement: The police department enforces parking regulations as well as code enforcement at Harry A. Nottingham Park. Parking enforcement is augmented by a code enforcement officer during the busy holiday season and Summer activities. A parking ticket costs $35, and a Handicap ticket costs $100. Since 2019, over 500 citations were given out, that’s about ½ a ticket per day. Enforcement by the Police Department is limited and is driven by complaints. OTHER PAID-PARKING PROGRAMS: Neighboring resort communities such as the Town of Vail, the Town of Breckenridge, and the Town of Aspen have implemented a paid-parking program for years. A summary of other local resort communities that charge for parking is attached. Town of Vail (TOV) – TOV manages over 3,000 parking spaces with 20+ in-house staff. For 2022, they are projecting $2M expenditures which include s $1M in equipment and software replacement. Their projected revenue is $6.5M accrued in their General Fund. All parking spaces in the Town of Vail are housed in parking garages and lots and operational 24/7. Town of Breckenridge (TOB) – TOB manages over 2,000 parking spaces consisting of on-street parking and parking lots. The service is contracted out to the Interstate Parking Company. A staff of 3 manages the contract. Their revenues are dedicated to their fare-free transit operations and Mobility Capital projects. Breckenridge Town Manager, Rick Holman, on paid parking “We wish we had done it sooner” Town of Aspen (TOAs) – TOAs manages over 4,000 parking spaces consisting of 685 main street spaces, 3,000 residential parking spaces, and a 300-space parking garage. Their 11+ in-house staff includes 6 enforcement officers. The program includes parking fees, permits, and carpool permits. Their revenues are dedicated to their fare-free transit/mobility program. Aspen Transportation Director, John Krueger, “The store owners are happy every time they raise downtown parking fees; Sale tax rises every time they raise parking fees” Page 6 of 11 PAID-PARKING ANALYSIS: UCLA Professor Shoup famously coined “Free parking is not free.” The cost of the land, pavement, street cleaning, and maintenance is on the shoulders of taxpayers or consumers, spreading the burden to all people, whether they own a car or not. Professor Shoup also caution s that free parking forces people to cruise for spots (increasing emissions) and subsidizes driving. Professor Shoup’s research shows free parking subsidy increases the demand for parking and the total number of miles driven. Additional research shows that among dense American cities, public transit use is significantly higher where parking is more expensive. Free parking encourages private vehicle usage. Professor Shoup recommends charging the right price for parking, with is ideally, letting the market set at the lowest rate necessary to achieve an availability of approximately 15 percent, to avoid cruising. Parking demand varies by location, time of day, day of the week, and season. With Avon’s parking concerns, a Paid-Parking program will encourage parking turnovers, transit use, and use of other greener transportation options by disincentivizing driving. The fee structure can be a single tier for all spaces or a tiered structure with the 1st tier for premium spaces. Starting a paid-parking program with a single tier rate structure system may be simplest for users to remember and follow, and for managers to manage. With a Single Tiered fee structure, all TOA public parking spaces would be free for 1st two hours of use, then the fee would be $2/hr. For example, it would cost $4 to park for four hours, and parking all day in Avon, 8 am - 5 pm would cost $14. With a two-tier parking fee structure, the parking spaces closest to the mountain, Avon Station, and Performance Pavilion would carry the premium fees (highlight in red.) The lower tier parking spaces, such as W. Beaver Creek Blvd, and E. Benchmark Rd, would have a lower fee (highlighted in yellow.) Page 7 of 11 Single Tier Paid-Parking Fee Structure – Avon Town Core Single Tier Paid-Parking Fee Structure – West Avon Page 8 of 11 Two Tier Paid-Parking Fee Structure – Town Core Two Tier Paid-Parking Fee Structure – West Avon Page 9 of 11 For the Rec Center, paid parking will disincentivize skiers, it will be cheaper to park at the Elk or Bear lot. However, usage at the Rec Center may regularly exceed the 2 hr free period. The parking management software will need to be able to waive the 3rd-hour fee when they check into the Rec Center. For Special Events, with paid parking, it is anticipated that employees and skiers will no longer take up public parking spaces during the day, and thus will free up parking spaces along Lake Street and W. Benchmark Rd going into the evening. Avon staff has observed parking availability at the Town Hall parking lot during Avon Live music venues. Parking direction/information may need to be more targeted for Special Events. Harry A. Nottingham Park – Park usage continues to be high. Although the Sep 2021 Community Survey found 50% of the respondents wanted improvements to parking and pedestrian safety on West Beaver Creek Blvd, many of the residents near the lake did not want the on-street parking. Feedback included trespassing onto private property and inappropriate behavior. Adding approx. 70 paved, angled, parking spaces and a pedestrian crossing on W BC Blvd is estimated at $1.2M. Targeted communication for park patrons to park at the Elementary School may be needed. Another review of the on-street parking on W. Beaver Creek Blvd. concept will be needed if demand continues to grow. The demand for oversized and overnight parking cannot be met with Town’s property. A potential site is Track A, the green circle. Staff has initiated conversations with Traer Creek & Hoffmann about potentially using the upper lot for overnight and oversized vehicles. Their concern is the potential disturbance and trash by the additional parking traffic, as they have seen at the Walmart parking lot. Permitted parking will provide additional control needed for proper management. Permits will only be extended to Avon residents and visitors staying in an Avon lodging facility. The parking revenue will be used to keep the site clean and surveilled. Staff will continue to work with the Lindholms. Page 10 of 11 IMPLEMENTING PAID-PARKING PROGRAM: There are many Parking Management Applications available, and they have evolved to meet everyone’s needs. Comprehensive programs include access through smartphone apps, solar-powered kiosks, and websites. Programs can be operated by in-house staff or be completely contracted out for a turn-key service, such as the TOB. Starting a paid-parking program with a single fee structure may be the simplest to manage and enforce, charging a parking fee from 8 am to 5 pm during the winter and summer season. Visits less than 2 hrs will be free, then the parking fee will be $2/hr. Parking for 4 hrs would cost $4 and parking all day in Avon would cost $14. At the planning stage, a lot of assumptions have to be made to estimate potential revenue from a paid- parking program. Based on Vail’s revenue and parking inventory (Avon’s 500 spaces - 17% of Vail’s inventory), Avon’s potential revenue could range up to $1,000,000 (17% of Vail’s revenue.) Assuming a much lower demand than TOV, 50% of the estimated revenue - $500,000 may cover the cost to operate a paid-parking program. Program management will include Parking software, Equipment, and Staffing. Based on implementation costs from other agencies, approximately $200,000 - 300,000 will be needed (Software, Kiosks, Parking Page 11 of 11 Software App, and License Plate Reader.) In addition, to manage and enforce the program, as a start, an estimate of 3 staff would be needed at a cost of $250,000/year. Parking Management falls under the Mobility Department. The mobility management team consists of a Director, a Superintendent, and a Supervisor. With 16.5 hrs/7days (120hrs/wk) a week transit operation, the supervisory staff is already stretched very thin. Staffing levels will depend on the structure of the paid- parking program, contracted or in-house. A minimum staff of a Parking Superintendent and 2 parking operators will be needed based on the Town of Breckenridge’s turnkey parking program and for 7 days a week coverage. The Transit and Parking teams would cross-train to support both activities. Potential net revenue dedication could be 1 ) transit service 2) Micro mobility programs such as ebike shares 3) Parking Pavement Maintenance and Markings and 4) Green initiatives, STEPS FOR IMPLEMENTATION – Nov 2022: 1) Hire a Parking Supervisor -Jan 2022 - Work on implementation details of a paid-parking program/plan 2) Finalize Paid-Parking Plan/Staffing level with Council – May 2022 3) Request for Proposal – Software/equipment – Jun 2022 - Select inhouse or contract services 4) Purchase/Install software/equipment/Signage – Aug 2022 5) Hire appropriate level of Parking Staff – Aug 2022 Thank You, Eva, Danita, Greg, Gary, Justin, Matt, and Michael Attachment: Local Community Parking Program Summary Community Implementation Program Details Management Sample Fees Implementation Cost Annual Operation Cost Annual Revenue Net Revenue Revenue Utilization Notes Aspen N/A - Approximately 4,000 parking spaces - Main Street - 682 spaces - Residential - 3,000 spaces - Parking Garage - 300 spaces In-house Mgmt (11+ staff): - 1 Parking Director - 1 Operations Mgr - 1Programs Mgr (T2 software/permits) - 2 customer service - 6 Enforcement Officers - Paid Parking 10 a.m. to 6 p.m. 10:00 AM - 10:59 AM: $4/hr 11:00 AM - 2:59 PM: $6/hr 3:00 PM - 6:00 PM: $4/hr - Sundays - free - Residential Parking Pass: Mon-Fri - Two hours FREE parking per day - Garage parking $12.50 per day. - Carpools permits - EV and NEVs FREE - Hybrids park for 50% off residen - Construction/reserved parking $100 per day - Event parking $10 per day - No Overnight Parking $900,000 - $750,000 - Kiosks/meters - $150,000 - two vehicle with License Plate Readers $2M - Aspen Staff - Software subscription and support (T2) - park city utah - 3am 7am snow removal. No garages - 6pm - Equipment $4M $2M Dedication to Free Transit Raised parking fees raised sales tax Future: All mobile payments to save kiosk and meter Breckenridge 2015/16 - Approximately 2,200 parking spaces - On Street Parking (600) - Parking Lots (1600) Contracted Service (Interstate): Breckenridge Staff: - 1 Parking Manager - 1 Parking specialist - 1 Community officer Main Street weekday rates: - 15 minutes: free - First hour: $0.50 - Second/third hours: $1 per hour - Fourth/beyond: $3 per hour - All day: $23.50 weekend rates - 15 minutes: free - First hour: $0.50 - Second hour: $1.50 - Third hour: $2 - Fourth/and beyond: $5 per hour - All day: $39 - Overnight Parking Lot: $30/night $650,000 - Kiosks equipment (installed by PWs) - $100,000 for car and License Plate Reader - Marketing: $15,000: logo, mailers, Ads $1.1M - $100,000 kiosk replacement - Bank Card Fees - Interstate: Flat-fee ($640,000) - Passport: App Software/per transaction fee/Permit Mgt - Parkeon: Kiosk Cost - Breck staff and supplies $2M $1 M Dedicated to transit operation and Mobility Capitol Projects New Building a parking structure planned: - 550 existing - Adding 405 more spaces - two stories/3 stories - $45M/$50M (loan) Vail N/A -Approximately 3,000 spaces - Three Parking Garages - Red Sandstone Structure - 120 weekdays - 160 weekends or school out - Ford park soccer fields - Donovan Pavillion In-house Mgmt (24/7 operations)(20+ parking staff): -1/2 transit manager - 3 supervisors - 3 Technicians - 14 atendents - 2 ticket writers - 1/2 part FTE: ticket sales 0 to 2 hrs Free 2 to 3 hrs $10 3 to 4 hrs $20 4 to 15 hrs $30 15 to 24 hrs $50 3pm until 3am Free $1M in 2022 for equipment replacement $2M - Staff - Equipment/Supplies - Software/Apps - Does not include Bldg Maintenance $6.5M $4.5M General Fund N/A Local Community Parking Program Summary Paid Parking for the Town of Avon Paid Parking Analysis Should the Town of Avon charge for parking? -Smarter Parking Management -Encourage Turnovers -Encourage Mass Transit Use -Equitable? Who really pays for parking 2 Existing Parking Condition Community Total: 2,185 parking spaces -Town Owned: 511 Spaces -On-Street –168 Spaces -Lots –343 Spaces -Private: 1,574 Spaces 3 Existing Parking Condition •On-Street Parking -Low turnover •The Avon Rec Center -Parking violators •Harry A. Nottingham Park -Low Inventory •Special Events -Low Inventory/Low Turnover/Parking violators •Town Hall Lot -Weekend Skier Permit Parking •Overnight/Oversized Parking -No available Town property -Continue to discuss with private entities 4 Other Parking Programs •Town of Vail –manages over 3,000 parking spaces, 20+ in-house staff -Operating Cost: $2M –Revenue: $6.5M -Revenue accrued in General Fund •Town of Breckenridge –manages over 2,000 parking spaces, 3 in-house staff -Operating Cost: $1.1M –Revenue: $2M -Turnkey service contracted to the Interstate Parking Company -Revenues dedicated to fare-free transit/Mobility Capital projects Breckenridge Town Manager, Rick Holman, on paid parking “We wish we had done it sooner” •Town of Aspen –manages over 4,000 parking spaces, 11+ in-house staff -Operating Cost: $2M –Revenue: $4M -Program includes parking fees, permits, and carpool permits -Revenues are dedicated to their fare-free transit/mobility program Aspen Transportation Director, John Krueger, “The store owners are happy every time they raise downtown parking fees; Sale tax rises every time they raise parking fees” 5 Recommendation –Single Rate Structure Edwards Mid-block Crossing 6 Recommendation –Single Rate Structure Edwards Mid-block Crossing 7 STEPS FOR IMPLEMENTATION: 1) Hire a Parking Supervisor -Jan 2022 -Work on implementation details of a paid-parking program/plan 2) Finalize Paid-Parking Plan/Staffing level with Council –May 2022 3) Request for Proposal –Software/equipment –Jun 2022 -Select inhouse or contract services 4) Purchase/Install software/equipment/Signage –Aug 2022 5) Hire appropriate level of Parking Staff –Aug 2022 6)Operational –Nov 2022 Implementation Proposal Edwards Mid-block Crossing 8 9