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TC Packet 08-23-2022_______________________________________________________________________________ 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, August 23, 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 OPTIONAL RIBBON CUTTING CEREMONY HARRY A. NOTTINGHAM P ARK COURTS - 4:00 – 4:30 PM MEET IN FRONT OF THE REMODELED COURTS 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. Work Session: Early Childhood Education (Town Manager Eric Heil and Mike Imhof, Vail Valley Foundation) (15 minutes) 5:15 5.2. Resolution 22-19: Referring Ballot Question(s) to the November 8, 2022 Ballot (Town Manager Eric Heil) (30 Minutes) 5:30 5.3. Work Session: Business Survey Results (General Government Intern Emily Myler) (25 Minutes) 6:00 5.4. Public Hearing: Second Reading Ordinance 22-10 Council Compensation (Deputy Town Manager Patty McKenny) (5 Minutes) 6:25 5.5. Public Hearing: Second Reading Ordinance 22-09 Short Term Rental Code Text Amendments (Senior Planner Jena Skinner) (15 Minutes) 6:30 5.6. Work Session I: Capital Projects (Town Engineer Justin Hildreth) (45 Minutes) 6:45 5.7. Resolution 22-16 Easement and Deed Agreement, Emergency Notification Siren located at Upper Eagle Regional Water Authority Mountain Star Water Tank property (Town Engineer Justin Hildreth) (5 Minutes) 7:30 5.8. Resolution 22-17 Participating in the Eagle County 2021 International Energy Conservation Code Cohort (Sustainability Coordinator Charlotte Lin) (5 Minutes) 7:35 5.9. Work Session: Development Bonus Code Text Changes (Planning Director Matt Pielsticker) (15 Minutes) 7:40 6. MINUTES 6.1. Approval of August 9, 2022 Regular Council Meeting Minutes (Deputy Town Clerk Brenda Torres) (5 Minutes) 7:55 7. WRITTEN REPORTS 7.1. Monthly Financial Report (Finance Manager Joel McCracken) 7.2. Draft July 20 Finance Committee Meeting Minutes (Deputy Town Manager Patty McKenny) 7.3. Salute to the USA Update (CASE Manager Danita Dempsey) _______________________________________________________________________________ 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. 7.4. Open Water Swim Meet Update (Recreation Director Michael Labagh) 7.5. 2023 Community Grant Funding Recommendation (General Government Manager Ineke de Jong) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 8:00 9. EXECUTIVE SESSION 9.1. An executive session pursuant to CRS 24-6-402(4)(a) and (e)regarding the purchase, acquisition, lease, transfer, or sale of any property interest and for determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators; more specifically regarding the acquisition of employee housing (30 Minutes) 8:15 10. ADJOURN 8:45 Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05.   970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager RE: Early Childhood Education & Planning Area E DATE: August 19, 2022 SUMMARY: This report presents an update on collaboration with the Vail Valley Foundation to develop new or expanded early childhood education facilities and programs. Attached to this report is a map depicting Planning Area E, a letter from the Vail Valley Foundation, a letter of support for the grant application from myself. DEMAND FOR EARLY CHILDHOOD EDUCATION: Northwest Council of Governments researched and produced a Regional Assessment of Child Care Industry in 2021. Page 30 of this Regional Assessment indicates a gap between children under 5 (3,145) and existing licensed capacity (1,792) of approximately 1,300 children. There is also a significant gap in affordable Early Childhood Care for households that cannot afford market rates. PLANNING AREA E, VILLAGE (AT AVON): The Town of Avon acquired Planning Area E from Traer Creek as part of the 2012 litigation settlement. Planning Area E is 4 acres. The use of this property is subject to the Village (at Avon) PUD Guide, which states that Child Care is a special review use, meaning that the use is subject to review by the Village Design Review board. Eagle County schools have indicated that they do not foresee a need for this property for K-12 education. PRIOR COUNCIL REVIEW: Council considered a proposal from Oak Village Academy in 2020. Concerns were expressed by existing early childhood education providers in Eagle County about competition and opportunities. Direction from Council was to engage stakeholders and pursue a local, community based approach. Shortly after that meeting Vail Valley Foundation expressed interest in facilitating community based solutions to Early Childhood Education. DESIGNS, TERMS AND OPPORTUNITIES: Other than identifying a location and securing initial design funds, few details have been determined. Identification of details of a partnership, terms for making Town of Avon land available, accessibility to Avon residents and households with affordability needs, would all occur concurrently with the design process. RECOMMENDATION: Studies consistently demonstrate that of early childhood education achieves a positive return on investment with early childhood development, subsequent educational achievements, and in supporting working households who cannot afford a stay-at-home parent. Expanded early childhood educational facilities in Avon will meet both current and future demands and will improve Avon as an attractive family-oriented community. For these reasons, I recommend proceeding with the next steps in researching and designing COUNCIL DIRECTION: No formal action by Council is required at this time. General support for proceeding in partnership with Vail Valley Foundation to research and prepare conceptual designs for an Early Childhood Education facility on Planning Area E, Village (at Avon) is desired. Thank you, Eric ATTACHMENT A: Vail Valley Foundation Letter ATTACHMENT B: Planning Area E diagram ATTACHMENT C: NWCOGG Regional Assessment of Child Care Industry Eagle River Childcare Initiative A Project of the Vail Valley Foundation OVERVIEW The Vail Valley Foundation, a 501(c)(3) nonprofit organization located in Eagle County, Colorado, was founded in 1981 to enhance the quality of life and community in the Vail Valley. Since its founding, the Vail Valley Foundation (VVF) has remained steadfast in its mission to improve and support the community of Eagle County through exceptional educational programming, international athletic events, world-class artistic programming, and renowned performing arts venues. While the VVF’s most visible focus is on arts, athletics, and education, the organization in recent years has gone back to its roots of community, seeking out the unique needs of our region and leading the way to a solution. With this community focus, the VVF is embarking on a new initiative to launch the Eagle River Childcare Initiative, an employer-sponsored Child Care Center in Eagle County to help address to critical early childcare and education gaps in our region. The VVF, as one of the largest employers in Eagle County, will design and construct an 11,000 square foot licensed early learning childcare center consisting of twelve preschool classrooms supporting a capacity of 168 children in Avon, Colorado. The Eagle River Valley Childcare Center, strategically designed to address the childcare supply and affordability issues in our community, will operate through an employer-sponsored childcare model, where local businesses can opt-in, as a benefit to their employees, to subsidize a meaningful portion of their monthly childcare expenses. LOCATION The Eagle River Valley Childcare Center in Avon, CO will serve the Avon, Edwards, Minturn, Redcliff, and Vail communities of Eagle County. By serving the eastern communities of Eagle County, the Eagle River Valley Childcare Center will provide the Edwards and Red Cliff communities, which have been identified as childcare deserts by the Center for American Progress, with a viable and affordable childcare center. Following the completion and opening of the Avon location, the VVF plans to expand the Eagle River Valley Childcare Initiative to include multiple employer-based childcare centers across the valley to address the overwhelming need of our community. CHILD CARE NEEDS According to the most recent Head Start Community Assessment, there are more than 3,087 children under the age of five in Eagle County. However, across the six main towns of Eagle County (Avon, Eagle, Edwards, Gypsum, Minturn, and Vail), there are only 1,565 licensed childcare slots available for these children – enough slots for only 50% of the children in our community. The following shows the current licensed providers in Eagle County by area: Area Number of Providers Licensed Capacity Avon 10 386 Eagle 12 310 Edwards 7 464 Gypsum 5 198 Minturn 1 40 Vail 4 167 Total 39 1,565 ATTACHMENT A: Vail Valley Foundation Letter In addition to the 1,565 childcare spots available through licensed childcare providers in Eagle County, another 750 children (approximate) receive childcare through informal and unlicensed friends, family, and neighbors’ (FFN) solutions – a safe and important form of childcare that is a preferred option for many members of Eagle County’s Latinx community. Between the current licensed childcare centers and FFN networks in Eagle County, there are only enough childcare slots for two-thirds of the children who call this community home. While the Eagle River Valley Childcare Center in Avon will not meet the needs of every family in our community who needs childcare, it will be designed to serve approximately 150-170 children ages 0-5 on a daily basis. Priority enrollment will be given to employees at VVF and other participating organizations and businesses who have opted into the Employer-Subsidized Childcare model. VVF will develop a priority waitlist procedure that will ensure open slots are available first to employees of participating partners. Once VVF and partner organization employee’s care needs have been met, then open slot enrollment will be offered to non- employee community members. First priority of allocation for non-employee spots will be to provide services to Eagle County’s most under-resourced population. PROGRAM OPERATIONS The Eagle River Valley Childcare Center will operate as an employee-sponsored childcare model where participating business can, as a benefit to their employees, subsidize a meaningful portion of the monthly childcare expense. We are anticipating a rough estimate annual operating cost of approximately $25,000 per child. A large portion of that cost per child will be covered through the employer-subsidy (amount covered will vary by employer and on a scale based on employee’s annual income), ensuring that the total cost per family is below the federally recommend amount (no more than 10% of income). Remaining expenses will be covered by additional public funding (CCCAP), tuition from families, state, federal, and private grant funding, and individual donations. Once construction is complete, The Eagle River Valley Childcare Center program operations will be taken over by a third-party non-profit childcare provider. While the VVF will continue to provide operational oversight and maintain ownership of the facility, our organization believes that day to day operations will be better run by an existing childcare center/organization. While the specific provider is still unknown at this time, VVF will follow a formal RFP process to collect interest and identify and select the best partner. Regardless of what partner is chosen, the Eagle River Valley Childcare Center will value small class size, low teacher-child rations, individualized program planning and collaborative partnerships with families. The Childcare Center will run Monday-Friday from 7am-6pm and operate year-round. Based on licensing requirements and current architectural drawing, the new childcare facility will tentatively create 168 childcare slots for children 0-5. Of these slots, 32 slots will be infant slots ages birth -12 months (4 classrooms), 24 will be toddler slots ages 12-24 months (2 classrooms), 32 will be for discovery preschool slots ages 2-3 (2 classrooms), 40 will be for preschool ages 3-4 (2 classrooms), and 40 will be for Pre-K ages 4-5 (2 classrooms). In addition to classrooms, the center will have twelve child bathrooms, two adult bathrooms, a lobby, family room, office, learning area, and staff room with warming pantry. Children will have access to outdoor play space and the facility will be designed with age-appropriate equipment. The VVF contracted KinderCare, the largest childcare provider in North America, to help advise and guide these plans towards the most prudent and appropriate facility design for our community and needs. The Eagle River Valley Childcare Center will be designed to value diversity and will be open to children from birth to five years, from a wide range of social and economic backgrounds and including children with varying levels of developmental ability. To reflect the linguistic and cultural diversity of the families working and living in our region, The Eagle River Valley Childcare Center will make hiring bilingual and Latinx childcare providers a priority. To respect the home language of every child and family enrolled in the program, and classroom instruction will be done in both the English and Spanish Language. To ensure equity and support of our entire ATTACHMENT A: Vail Valley Foundation Letter community, The VVF and the Eagle River Valley Childcare Center will provide all families participating in, or demonstrating interest in, our childcare center with information about funding support streams and resources such as the Child and Adult Food Care Program, local housing support agencies, and more. In addition to providing critical childcare to the community of Eagle County, the Eagle River Valley Childcare Center will also provide local childcare providers with stable and well-compensated employment. VVF is committed to compensating all early childhood staff employed at the location equitably and fairly, and will have starting compensation packages above market rate and inclusive of benefits. In addition, all early childhood staff will be eligible to apply for the affordable and employee housing that we hope to build on the upper floors of the new building. PROJECT COST Estimated Cost of the Project (not including land acquisition): Soft Costs: Owners Representative, architect, planning and engineering fees, insurance, soil surveys, permitting (15% of building costs): $825,000 Hard Costs (construction): Average of $500/sq foot x 11,000 square feet = $5,500,000 TOTAL COST: $6,325,000 PARTNERS Vail Valley Foundation Town of Avon Eagle County Government Vail Resorts Vail Health Sonnenalp Resort Eagle River Water and Sanitation District Eagle County School District EastWest ATTACHMENT A: Vail Valley Foundation Letter Post Office Box 975 100 Mikaela Way Avon, CO 81620 June 13, 2022 SUBJECT: EMPLOYER BASED CHILDCARE GRANT Dear Employer Based Childcare Grant Committee, The Town of Avon appreciates the grant opportunity you offer for communities in need of incremental, affordable, employer sponsored childcare. This letter provides our strong support for the grant request submitted by the Vail Valley Foundation (VVF) for funding towards their employer sponsored childcare initiative. The demand and need for childcare and early childhood education is well documented in our community. The Town of Avon understands the role and importance that accessible, quality childcare serves to support a healthy and well balanced community. I have been working with Mike Imhof, President, Vail Valley Foundation for the past year on their initiative to address our childcare shortage in our community. The VVF is a well-established, well-respected, and accomplished nonprofit in our valley, which has a strong and consistent record of success in raising the quality of life for all in the Eagle River Valley since 1981. The Town of Avon recognizes VVF as a valued and vital partner in our community efforts. The Town of Avon owns land 3+ acres in Avon which is designated for education purposes, including childcare. The acreage is sufficient to accommodate a new childcare facility that can accommodate 150 much needed new childcare spots for ages 0-5. We believe that the VVF’s childcare efforts is a logical and appropriate use of this land and we support VVF’s efforts and the efforts of other partners to purse this opportunity for a regional childcare facility. As you may appreciate, there are many details to understand and resolve. All resources are very helpful to successfully pursue a regional childcare facility. We support VVF’s grant request for their childcare initiative and urge you to consider their application favorably. Should you have any questions for me, or wish to discuss further, please contact me anytime. Sincerely, Eric Heil Town Manager Town of Avon Office: 970.748.4004 Email: eric@avon.org ATTACHMENT A: Vail Valley Foundation Letter June 10, 2022 EMPLOYER BASED CHILDCARE GRANT Dear Employer Based Childcare Grant Committee, Thank you for the opportunity to submit our grant request. We the undersigned each agree that our community faces several workforce related concerns. We recognize that a vibrant and equitable community is based on several factors. The topic we are focused on today is to address the significant shortage of accessible and affordable childcare services for our workforce families. Each of the undersigned are leaders of businesses with medium to large numbers of employees. We recognize the need for many of our employees, which reflect a broad spectrum of socioeconomic status, to have accessible, reliable, high quality, and affordable childcare services for their children ages 0-5. We are currently focused on establishing a new childcare facility which has the opportunity to be built and operated in Avon, Colorado. Our employees with young children need this new facility, and we are committed to supporting our valued employees with children ages 0-5 having affordable access to this childcare center. Because this is not a single organization establishing a new childcare facility exclusive to just their own employee base, we will collaborate with each other to allow each supporting organization to have a percentage of access to the available childcare spots. We sincerely thank you for considering our grant request for funding towards an incremental childcare facility to support our workforce in the Eagle River Valley. With Gratitude, Mike Imhof – Vail Valley Foundation Jeff Shroll – Eagle County Government Eric Heil – Town of Avon Beth Howard – Vail Mountain (Vail Resorts) Nadia Guerrieo – Beaver Creek Mountain (Vail Resorts) Will Cook – Vail Health Johannes Faessler – Sonnenalp Resort Linn Brooks – Eagle River Water and Sanitation District Phil Qualman – Eagle County School District Colleen Weiss-Hanen – EastWest ATTACHMENT A: Vail Valley Foundation Letter The Village at AvonPlanning Area E Situs Address 4468 E BEAVER CREEK BLVD Tax Area SC130 - VILLAGE METRO AVON - SC130 Parcel Number 2103-073-30-003 Legal Summary Subdivision: VILLAGE AT AVON FIL 1 Lot: 3 SECOND AMENDED Acreage: 3.536 ac or 154,028 sq. ft NORTHWEST COLORADO COUNCIL OF GOVERNMENTS Regional Assessment of Child Care Industry 2021 IN PARTNERSHIP WITH: SPECIAL THANKS Healthy Aging Mary Kenyon, Impact Marketing (impactmarketingaspen.com) • Nuria Moya, N. Moya Designs (nmoya.com) CONTENTS Purpose ...............................................................................................................4 Executive Summary ............................................................................................6 THE REPORT: Why Now? ....................................................................................8 STATE OF CHILD CARE .....................................................................................11 Colorado Vital Statistics ......................................................................................12 Increased Barriers to Access ................................................................................13 COVID-related Concerns ....................................................................................16 Innovations in Our Region ....................................................................................16 Employer Driven Solutions ...................................................................................18 Policy Driven Solutions ........................................................................................19 Early Childhood Council & Provider Driven Solutions ..............................................20 Community Partner Driven Solutions ...................................................................21 GLOBAL, NATIONAL & STATEWIDE SOLUTIONS ..............................................22 CHARTING YOUR COURSE: Quick-Start Actions .............................................26 APPENDIX .........................................................................................................28 Discussion Guide: Community Early Child Care & Education Action Plan ..................28 County Fact Sheets ............................................................................................29 • Eagle County ..............................................................................................30 • Grand County .............................................................................................32 • Jackson County ..........................................................................................34 • Pitkin County ..............................................................................................36 • Summit County ..........................................................................................38 Innovations in the NWCCOG Region ....................................................................40 • Employer Driven Solutions ..........................................................................41 • Policy Driven Solutions ................................................................................42 • Early Childhood Council & Provider Driven Solutions ......................................46 • Community Partner Driven Solutions ...........................................................48 Global, National & State Models ...........................................................................51 Project Processes ...............................................................................................56 Resources and References ..................................................................................58 This report is intended to be a tool and workbook for community leaders who may not be sure whether they or their organization has a role to play in Early Childhood Education (ECE) or who may not understand why it should matter to them. It is also for those who “get it” and are already active in supporting ECE and desire tools to take that support to the next level. High country leaders often focus on housing, transportation, economic development, community planning, health care, education, recreation and quality of life. For local leaders who are serious about comprehensively strengthening their communities, ECE deserves equal focus and attention from a policy standpoint. Early Childhood Education (ECE) is an industry with a mix of private and public support that presents many challenges for Northwest Colorado. The lack of a sufficient, affordable, and high-quality child care settings is negatively impacting our children, their families, and our businesses. In short, coordinated, decisive action is needed. NWCCOG commissioned this report which was funded by member dues and a matching grant from the Colorado Department of Local Affairs. The purpose was to evaluate the region’s ECE environment amid the COVID pandemic and present options for leaders and stakeholders to effectively address the myriad interrelated challenges facing providers, families, employers, advocates, and policymakers. Of the many public policy issues facing our region, ECE impacts (and is impacted by) K-12 education, workforce participation, economic development, affordable housing, physical and mental health, transportation, and many others. It drills down further from the state Early Milestones Report issued in 2020, and upon many excellent reports and studies on this topic at a national level cited within the report. There is not a national framework for early childhood the way there is for K-12 education, and although support has recently increased at a state level in Colorado, the work of making early childhood successful is a matter of local concern. If we want to have vibrant, growing communities, it is essential that the public have access to affordable early childhood services. Despite welcome investments from local governments, the business community, and non- profits, ECE remains an underfunded industry that often falls between the cracks. Moreover, it can determine whether young families remain and prosper in a challenging financial environment. This report is a tool for our regional leaders and other stakeholders to utilize as they seek to plot an ambitious but practical path forward in supporting the industry, if they choose to. In short, this report: ¿RAISES AWARENESS: It highlights the current state of the system, including available services, changes in terms of capacity, and structural challenges facing the system (both COVID-related and longstanding) and the negative impacts on children, families, and businesses. ¿OFFERS OPTIONS: It shares practical, proven initiatives to relieve stress on individuals and the system, share solutions that have yielded results in the northwest region and beyond. ¿CALLS TO ACTION: It shares both perspective and practical tools to use as leaders engage partners in the community to create a relevant portfolio of initiatives to execute in the near, mid-, and longer-term. ¿ESTABLISHES A FRAMEWORK FOR FURTHER DISCUSSION: It shares a framework for further discussion, providing both perspective and practical tools to use as leaders engage partners in the community to create a relevant portfolio of initiatives to execute in the near, mid-, and longer-term. PURPOSE Support for the local ECE ecosystem should be part of your long-term recovery planning. 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY4 ALPINE AREA AGENCY ON AGING Local leaders should be aware that Colorado already has a network of regional support for early childhood endeavors through the 34 Early Childhood Councils. This project would not have gotten off the ground without active participation from the first three names listed below who head the three Early Childhood Councils in the NWCCOG region. Each has made it her job to be aware at ground-level what is going on in her territory, so you would be wise embarking on efforts recommended in this document to begin with them. The report also leaned heavily on the knowledge of Brian, Laura and Greg at Government Performance Solutions who held the focus groups, researched and drafted the report. It truly takes a village to address such issues. In particular, NWCCOG is grateful for and appreciates the expertise of those who have helped steer us: ¿Lucinda Burns, Executive Director: Early Childhood Options, Summit County ¿Stacy Petty, Director: Rocky Mountain Early Childhood Council, Eagle, Pitkin, Garfield and Lake Counties ¿Katy Hale, Executive Director: Grand Beginnings, Grand and Jackson Counties ¿Jeanne McQueeney, Commissioner: Eagle County ¿Patti Clapper, Commissioner: Pitkin County ¿Greg Winkler, Regional Manager: Colorado Department of Local Affairs ¿Greg Bellomo, Managing Partner: Government Performance Solutions, Inc. ¿Brian Pool, Partner: Government Performance Solutions, Inc. ¿Laura Sigrist, Principal Consultant: Government Performance Solutions, Inc. Due to the myriad challenges facing our communities, this is a time of reflection and opportunity, and I would emphasize coordinated and decisive action at a national, state, regional and local level. Now is the time for bold action and I hope that this report will be useful to you as you collaborate to meet these challenges. NWCCOG is invested in (and committed to helping) you as you do so. Jon Stavney, Executive Director Northwest Colorado Council of Governments 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY 5 ALPINE AREA AGENCY ON AGING Early childhood care and education for each and every child is critical to Colorado’s future. Research from the Harvard Center on the Developing Child confirms that significant and critical brain development occurs by year 5 and that stable nurturing environments ensure productive, secure young people who rely less on social services in their later years. Evidence from the Colorado Children’s Campaign suggests that for every dollar spent in the Colorado early care and education sector, $2.25 is contributed to the state’s economy, and for every job created in the child care sector, 1.5 jobs are created in the state’s economy. A robust childcare ecosystem is good for kids and the economy. That said, the system does not meet the needs of many communities, whether in terms of quality, access, or equity. The COVID-19 pandemic exposed and exacerbated these challenges. The limited revenues available to ECE programs leave the early childhood workforce woefully underpaid and often restrict access to high-quality care to only the highest-income families. Data from the Center for American Progress and a November 2020 report from Early Milestones Colorado show: ¿There are 403,927 children under the age of 6 in Colorado, representing 14% of the state population. ¿A family with two children (including one infant) utilizing child care will spend $27,055 on an annual average, representing an enormous burden for families at 33% of the statewide median income. ¿51% of Colorado’s population lives in a child care desert, where there are more than three children for each available slot. ¿27% of Colorado’s ECE teachers were furloughed due to COVID-related changes Our analysis of the systems, strengths, and opportunities in our region identified three major barriers which must be addressed to ensure each family has options for securing high-quality care for our youngest Coloradans: Affordability, Capacity, and Fit. Addressing these challenges, local innovations from businesses, policy makers, and child care leaders are driving change for our communities. There is a misconception among many that ECE is a niche cause that would not receive broad support if put to a public vote. Recent experience has shown that when local leaders build a shared advocacy campaign, ballot measures for ECE often earn voter support. The recent passage of Proposition EE and full day kindergarten in Colorado (date) are just two indications of public demand for improvements in ECE. Public officials can and should gain political courage from public sentiment on these issues. While these solutions will help the situation, additional action is need both locally, and at the regional, statewide, and national level, like those highlighted in this report. To use this report to get started on an initiative in your community, consider pursuing ideas like those in the tables on the next page. This report is structured so that local partners can select which innovations are most valuable to the community. We encourage leaders to assemble a powerful coalition and work together to select the most impactful options that are feasible given local assets and constraints. Refer to the quick-start actions in the table below, the community discussion guide, the regional innovations section, and the county fact sheet appendix. To have a conversation about getting started, contact your local county commissioner, or any of the contributors mentioned in the Purpose section above, or contact GPS (greg@governmentperformance.us or 303.601.7319). EXECUTIVE SUMMARY 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY6 ALPINE AREA AGENCY ON AGING ¿Determine the most pressing needs by: - Reading your county profile - Convening local providers, business owners, families, and advocates ¿Assess support for different solutions presented in this guide, selecting those that are impactful and feasible ¿Build the case for change and mobilize commitment to specific ¿Collaborate on a plan that makes clear the benefits, actions, owners, timelines and resource ¿Execute and address barriers See Discussion Guide in the appendix INNOVATE WITHIN YOUR LOCAL COMMUNITY……WHILE CONTRIBUTING TO REGIONAL, STATEWIDE, & NATIONAL SOLUTIONS ¿Determine which solutions your community can impact or require statewide support ¿Contact your local, state, and national elected officials to make them aware of your community’s needs and plans: We will do _________ and you must do _________ ¿Contribute to policy analysis at a regional, statewide, and national level ¿Help to craft policies that meet your communities needs while avoiding unintended consequences ¿Build support within your local community for policy measures, ballot initiatives, etc. ¿Optional: Draft letters to elected officials in the appendix BARRIERS & RELATED SOLUTIONS QUICK START ACTIONS PARTNERS AFFORDABILITY CAPACITY FIT Employers • Employer-funded Subsidies • Sponsored slots for employees • On-site care Policy Makers • Taxpayer-funded Subsidies • Center Space • New ECE Centers • ECE Workforce & Professional Development • Navigation Supports • Navigation Supports ECE Providers & EC Councils • Tuition Assistance • Navigation Supports Community Partners • Financial Aid / Tuition Assistance • Facilitation of New Centers • Transportation • Shared Advocacy / Navigation Support • Related Services 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY 7 ALPINE AREA AGENCY ON AGING NWCCOG collaborates with members to acknowledge and address the largest challenges facing the region. The COVID-19 crisis has brought to the forefront the challenges endemic in operating in the Early Childhood Education (ECE) ecosystem. ECE is not uniform: It is provided in a mixed-delivery system, comprised of licensed centers and family child care home providers, as well as unlicensed family, friend, and neighbor (FFN) environments. This fragmented approach presents advantages and disadvantages each of which must be considered in the context of specific community needs and resources. To fully appreciate the early childhood education challenges facing Colorado’s mountain communities in the middle of this pandemic, we ask you to read this report and put yourself in the shoes of those most impacted. You may not have children yourself, but whether you come from a viewpoint of competitive advantage for your business, long term thinking about future leadership, prioritizing of goodwill, economic benefits or combination of other societal values, we know that high quality early childhood care is vital to the health of each community in the region. Global events of 2020 have highlighted the deficiencies of the ECE system, but we know these challenges existed long before. Will we have the will to address them as we emerge to stronger and brighter days ahead? Even without the pandemic, the region’s ECE environment has many longstanding challenges, and these vary depending upon the perspective one takes: ¿COMMUNITY: Insufficient number of spots with high costs and concerns about quality of education ¿PROVIDERS: High turnover, workforce shortages, financial pressures, and regulatory expectations ¿WORKFORCE: Low wages, prohibitive cost of education to support advancement, community and societal respect In the Innovations section of this report, a variety of solutions tailored by businesses, municipalities and communities are outlined which address these challenges. Is there one that could be replicated to meet a need in another community or expanded? These are the questions local leaders should be asking. You are a young, working mother of a two year old boy and four year old girl, waking up to another day of juggling responsibilities. Your child care center closed due to COVID and you are unable to find another provider with available slots, especially for your toddler. Your daughter has unique needs that require steady attention and thoughtful intervention. Since your husband was laid off in April from his position at the local resort, you have struggled to make ends meet. Meanwhile, your local child care center operator is still unable to open their doors. This is partly because staff has been reluctant to work in a setting that may contract COVID and expose their elderly parents. Demand has dropped as parents can no longer afford the slots available, reducing revenue and eroding savings. Finally, the challenges of keeping up with the evolving regulations and sanitation practices prove too much to manage. Where do you turn? Will you choose to sacrifice your own career, your children’s needs? How would you find a slot or compete for one? Will it impact your decision to raise your family in an already challenging place? JUST IMAGINE FOR A MOMENT… THE REPORT: WHY NOW? 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY8 ALPINE AREA AGENCY ON AGING Existing early learning supports are inadequate. While public support for child is available in Colorado, current statewide subsidies do not completely cover the cost of high-quality care, and they fail to reach the majority of families in need. State preschool programs are underfunded and rarely provide universal access for 3- and 4-year-olds. While full day kindergarten is now a reality in Colorado, research shows that starting students on their academic path in kindergarten (ages 5-6) promotes children’s enthusiasm, initiative, persistence, and engagement in learning and helps children enter schooling ready to succeed. Is there something local leaders can be doing now to ensure that this vital community industry is able to survive the impacts of COVID-19? Now is the time to check in with those providers to see if their needs can be met through grants, direct aid or other means. Many providers are at the brink of closing their doors. The pandemic has hit the statewide system hard, exploiting existing vulnerabilities and creating additional stress. Based on the November 2020 report from Early Milestones Colorado: ¿27% of ECE teachers were furloughed during 2020, with 10% not currently working or planning to return to the early childcare field ¿30% of families do not currently have the needed child care (most parents are caring for children themselves or have children in non-preferred arrangements) ¿16% of educators find it “difficult” or “very difficult” to pay bills Considering these challenges, and the long-term challenges of this system, a new vision is needed. During the stakeholder engagement portion of this report research, communities shared their common goals: Colorado Child Care Assistance Program (CCCAP) is a state supervised, county administered program that provides access to reduced cost child care at licensed facilities for families meeting eligibility requirements. Colorado Preschool Program (CPP) is a state-funded program that provides funding for eligible children to attend preschool in partnership with local school districts. STATEWIDE SUBSIDY PROGRAMS ¿Increase access, quality, & equity of early childhood services for children and families ¿Expand access to evidence-based parent support and education ¿Unify the efforts of many partners toward shared outcomes ¿Support child care providers to create quality environments that ensure children enter the K-12 system, ready to learn ¿Build the pipeline of early childhood educators ¿Build community capacity to open new ECE centers and sustain existing programs ¿Test & evaluate new approaches ¿Assess local needs, support strong partnerships, and align local resources and funding streams RECOVERING FROM COVID-19 IMPACTS INCREASE ACCESS SUPPORT COMMUNITIES ASSESS NEEDS & SOLUTIONS 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY 9 ALPINE AREA AGENCY ON AGING 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY10 ALPINE AREA AGENCY ON AGING Early childhood care and education is critical to Colorado’s future. Today’s tots are tomorrow’s front line workers, innovators, and taxpayers. It is critical that communities have leaders who embrace caring for them, and doing it well. Research from the Harvard Center on the Developing Child confirms that significant and critical brain development occurs by year 5 and that stable nurturing environments ensure productive, secure young people who rely less on social services in their adjust years. Further, evidence from the Colorado Children’s Campaign suggests that for every dollar spent in the Colorado early care and education sector, $2.25 is contributed to the state’s economy, and for every job created in the child care sector, 1.5 jobs are created in the state’s economy. That said, our system is not meeting our communities’ needs, in terms of quality, access, and equity. The limited revenues available to early learning programs leave the early childhood workforce woefully underpaid and often restrict access to high-quality care to only the highest-income families. Despite laudable efforts by officials, system leaders, advocates, business owners, and families, we fall further behind each year. This section contains an overview of the state of child care in Colorado, including vital statistics, a summary of the barriers to access, and the impact of the COVID pandemic and other challenges. STATE OF CHILD CARE 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY 11 ALPINE AREA AGENCY ON AGING Colorado is an economic leader, but our early child care and education system is not robust. Statewide statistics paint an important picture: ¿403,927 children under the age of 6. ¿62% of children under the age of 6 have all available parents in the workforce, limiting daily parental support for early childhood education and development. ¿$27,055 is the average annual child care tuition for two children (an infant and a four year old), representing 33% of the statewide median income. This is not viable for average income workers, limiting ability to attract talent to the field. ¿51% of Colorado’s population lives in a child care desert, where there are more than three children for each available slot. These are places where new families face significant barriers ¿51,996 parents report making career sacrifices due to issues with child care. ¿More than 12% of Colorado children under 6 had a parent who reported that they or another family member had to quit a job, not take a job, or greatly change their job because of problems with child care. This was a workforce challenge that existed pre-COVID and has been exacerbated by the challenges of COVID-driven quarantines, school and child care closures, and significant economic and employment changes. Without decisive action from local leaders to help the industry financially bridge impacts due to COVID the problems facing the industry will only be more daunting on the other side. Visionary leaders have long been working to improve systems of early care and learning, nationally and in Colorado, tackling system-wide challenges like high demand for services, low capacity, provider recruitment, retention, and professional development. The COVID-19 pandemic has revealed deeper challenges impacting communities, resulting in closures and further access issues: ¿Child-care centers across the country, from large chains, small in-home operations, and nonprofits, are teetering. Enrollment slumped in the spring and never fully recovered. Extra expenses, like protective gear and deep cleaning, are piling up. By some estimates, some 40% of U.S. day cares were closed in August. Many of those that are open have 50% fewer children than in February. Coronavirus Threatens to Push the Child-Care Industry Over the Edge - WSJ ¿According to a November 2020 Report by the US Chamber of Commerce, of factors contributing to employees leaving workforce, 50% cited concerns about child care. ¿Nationally, as of October 2020, 2 million women across the country dropped out of the labor force and more than a third of women ages 25-44 are not working due to child care issues. Too often, women are making decisions to leave the workforce based on the arithmetic calculation of economic earning potential versus the cost of child care. ¿In June 2020, Early Milestones collected survey responses from 1,207 licensed child care providers in Colorado. Through this research, we learned that nearly 10% of Colorado’s providers have closed since the beginning of the COVID-19 pandemic, and enrollment has decreased by more than 30%. Though many providers have reopened, many others are uncertain about their future. COLORADO VITAL STATISTICS 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY12 ALPINE AREA AGENCY ON AGING Community leaders, parents, early childhood professionals in the five-county NWCCOG region along with representatives from Garfield and Lake Counties shared challenges they are facing and prioritized them through a series of focus groups in the building of this report. Regarding family, friend, and neighbor (FFN) care: data for this study focuses heavily on licensed child care programs due to availability. However, the Colorado Children’s Campaign estimates that nearly 50% of children across state (including school aged children) are cared for in unlicensed or informal settings. Lack of consistent data about the number of young children cared for in these settings makes a comprehensive picture of all child care in the region challenging. Stakeholders shared that there is strong desire across the region to increase support for FFN providers, and an acknowledgement that some licensed providers are abandoning their licenses in favor of the unregulated system of FFN care. Do local leaders understand the mix of care and the deficits of child care in their community, and do they see a role for themselves in addressing it? The cost of child care can be prohibitive, for both the professionals providing services and for families seeking care. Average wages and cost of living are challenges for both child care providers as employers and families trying to cover the cost of care. Many privately funded child care facilities calculate tuition based on what the market will bear rather than on the cost of actual services. A 2018 report from Early Learning Nation suggests that approximately 60 to 80 percent of early childhood education program income goes toward staff salaries and benefits. Maintaining required teacher-child ratios and providing safe and high-quality care often result in providers seeking grants and other sources to address funding gaps. Despite these efforts, resources often fall short, resulting in low wages and challenges in meeting basic operating costs for providers. Indeed, many professionals in the early childhood workforce earn less than a living wage and rely on public support programs. Data from the Bureau of Labor Statistics suggest that the median average wage for employees in early child Analysis of the systems, strengths, and opportunities identifies three major barriers which must be addressed to ensure that each family has options for securing high-quality care for our youngest Coloradans those are: Affordability, Capacity, and Fit. INCREASED BARRIERS TO ACCESS AFFORDABILITY 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY 13 ALPINE AREA AGENCY ON AGING In the NWCCOG five-county region, there are nearly 6,000 children under age 5. As of October 2020, there are 3,585 slots available for these children in licensed child care programs. While not every young child requires or receives care in licensed programs, for those working families who seek licensed child care, there is a wide disparity between demand and available slots. When factoring in the availability of child care slots specific to infants and toddlers (ages 0-36 months), the availability is even lower. Indeed, there are several counties in the northwest region who have no licensed capacity for infants and toddlers (Jackson and Lake, October 2020). For families with multiple children of varying ages, this often means that they have to seek and then enroll their children in different programs/ locations to meet child care needs, compounding barriers like transportation, cost, and time commitments. The county by county pages in this report list the number of facilities by county Talent retention is a high priority in workforce development for communities. Child care plays an important role in insuring that the talent pipeline is expanded. While anecdotal evidence suggests that current residents of the region may be relocating to more affordable locations, additional anecdotal evidence points to more families requiring child care moving out of the Denver metro region and relocating to mountain communities, driving additional capacity challenges. Will those with child care needs who relocate stay if there is insufficient infrastructure in Mountain communities to support their needs? Though the net result of those who leave and those arriving may not be dramatic, the lack of child care points to this often leading to a net out-migration of those just established in their careers and an in-migration of those at the far ends of the age spectrum. Making it possible for working families to remain in communities where they are just becoming a part of the local work and community networks is important to long term talent retention and developing the next leadership in smaller communities. The combined impact of these changes is not well understood. CAPACITY care across the NWCCOG five-county region is $32,060 (based on estimates by NAICS code). The computed median living wage in the same region for an individual supporting one child is $60,715. Low wages compounded with lack of benefits make recruiting and retaining providers very challenging. From a purely income perspective, it is difficult to envision why anyone chooses this work over other options. If this is to be a vibrant, healthy ECE ecosystem, it is not realistic to rely upon such low compensation and goodwill to the best and brightest talent. Further, expanding or creating new facilities, additional slots, and/or services to meet high demand for child care requires even more funding, jeopardizing the viability and health of child care businesses. At the same time, child care expenses often represent a significant portion of families’ income, up to one-third of median income. When factoring in other costs of living, families find that child care is unaffordable, resulting in children being cared for in unpreferred settings or one parent leaving the workforce to care for his or her own children. In some cases, families are reporting that they are leaving the region to seek more affordable arrangements. If the region wants to retain talent and workers, these are significant barriers to that goal. While some statewide publicly funded programs like the Colorado Child Care Assistance Program are available to offset a portion of the cost of child care, benefits are often calculated based on federal poverty rate levels and limitations on income, limiting access to these benefits for families whose economic reality may require these supports. The county by county pages in this report note how many families in each access CCAP. Understanding this data is important to understanding the affordability gap and tailoring programs to address those specific needs. children under age 5 infant and toddler slots in 2 counties in the greater region licensed child care slots 6,000 3,585 0 TODAYS REGIONAL CAPACITY GAPIN THE 5 COUNTY NWCCOG REGION 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY14 ALPINE AREA AGENCY ON AGING Not all child care is equal. While child care providers strive to provide high-quality and supportive care for all families, resources may not be available to meet all needs of families within the region. The system does not provide a full spectrum of services to families with different expectations of the care and learning their children receive. For a robust system, broader choice of options meeting those needs at different cost structures is important. For example: In the NWCCOG region, the Hispanic population is a large percentage of the workforce. Additional barriers for some families in the region include the availability of multilingual providers and communication support for families whose primary language is other than English. Many families prioritize care for their children by providers who are able to communicate in the family’s home language. While licensed providers who participate in the statewide Colorado Shines Quality Rating and Improvement System (QRIS) program have a policy to offer translation services for families related on at least an as-needed basis, there are limited numbers of licensed providers with bilingual capabilities. This is an area which could use focused attention for improvement. ¿In several counties in the region, there are no licensed providers who offer non-traditional or extended hours during early mornings, nights, and weekends (no providers in Grand, Jackson, Eagle, Pitkin Counties and one provider in neighboring Garfield County). This is important to many front-line service workers who do not work 9-5. ¿For communities employing many individuals in resort and hospitality roles, and for hospital staff and emergency responders, this significantly limits child care options for families who need support during days and hours outside of the traditional schedule. ¿Further, many residents commute 10-50 miles across the region’s mountainous terrain (and tough winter weather). As a result, finding conveniently located care with accommodating schedules is challenging. That care may be proximate to home or proximate to work leading to challenges in either case. Exacerbating the transportation challenge, most ECE places have strict pick up the child times with penalties, forcing families to juggle schedules even more. A number of innovations in this report involve employers including child care as a benefit, often at or near the place of work. FIT 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY 15 ALPINE AREA AGENCY ON AGING Recent surveys across the state by Early Milestones Colorado point to unique challenges introduced by the pandemic and public health requirements. New requirements, health concerns, and challenges with maintaining sufficient staff to remain open have resulted in sudden closures and cohort quarantining. This is very challenging for families who face immediate changes in child care access as well as for programs and providers who follow the same guidelines (e.g., 14-day quarantine period). In some cases, families continue paying to retain their slot, even when children are not attending. At the same time, programs and providers report feeling overwhelmed with the changes and increased expenses related to new safety and sanitation protocols. Moreover, existing recruiting and retention challenges are exacerbated by COVID-related fears, frustrations, and fatigue. Statewide, over 30% of the ECE workforce who responded to these surveys have indicated that they are not returning to work due to health and safety concerns. Further, across the NWCCOG five-county region, between 20-40% of the ECE workforce has been furloughed during 2020, and between 25-50% of survey respondents indicate that they do not intend to remain in the ECE workforce. COVID-RELATED CONCERNS VISION STATEMENT ECE WORKFORCE IMPACTS 30% of the statewide ECE workforce are not returning to work due to health and safety concerns In the region, 20-40% of ECE workforce has been furloughed during 2020 25-50% of EC employees in the region do not intend to remain in the ECE field For better or worse, this report did not identify any single county-level “complete package” which comprehensively addresses each of the challenges noted above. That said, for local leaders wishing to make a positive changes in their community to support the early childhood industry, there are many innovations which can be replicated to fit specific needs once they are understood. INNOVATIONS IN OUR REGION Families, children, childhood education councils, providers, employers, policymakers and taxpayers honor our Early Childhood Education system’s critical role as basic community infrastructure. This results in more ECE options, opportunities, and equitable access to affordable, high quality care. It also ensures our ability to attract and retain enough high-quality professionals who can offer the best education and care possible to prepare our children for school and life. 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY16 ALPINE AREA AGENCY ON AGING Through the struggles related to the pandemic and those that existed before, it has become clear how vitally important a strong early childhood system is to the functioning of our region. As mountain communities move beyond the immediate impacts of the crisis, local communities can now benefit from the sharing of ideas, templates, and experiences from local solutions to the various challenges. Local experts in their local communities with a finger on the pulse of what families need, local providers, councils, employers, and policymakers are collectively well-positioned to inform policy decisions related to families with young children. If there is political and community will, these solutions can provide guideposts for a path forward for other communities. Employers, policy makers, ECE providers and community partners have shown great creativity in meeting the three major challenges: affordability, capacity, and fit. This section contains a summary of a selection of the innovations recognized, along with sections detailing examples of each innovation in action. Each innovation has leveraged willing partners from these various sectors to break down barriers to progress. The appendix contains additional examples. BARRIERS ADDRESSED PARTNERS AFFORDABILITY CAPACITY FIT Employers • Employer-funded Subsidies • Sponsored slots for employees • On-site care Policy Makers • Taxpayer-funded Subsidies • Center Space • New ECE Centers • ECE Workforce & Professional Development • Navigation Supports • Navigation Supports ECE Providers & EC Councils • Tuition Assistance • Navigation Supports Community Partners • Financial Aid / Tuition Assistance • Facilitation of New Centers • Transportation • Shared Advocacy / Navigation Support • Related Services 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY 17 ALPINE AREA AGENCY ON AGING Employers across the region are innovating to meet the needs of their employees, knowing that consistency, productivity, and retention each depend upon convenient, affordable, high-quality care for children. Below is a sample of an innovation by one of our region’s leading employers along with a listing of other innovations by employers that are addressing affordability, capacity, and fit. The Sonnenalp is one of Vail’s premier hotels and differentiates itself through service. Delivering that service is improved by long-term employees who are comfortable with the quality, consistency, and reliability of care their children they receive during work hours. Employees struggled to find such child care on their own, so the The Sonnenalp took action. In response, The Sonnenalp has partnered with one child care center in the area to reserve spots by paying the employee’s deposit. Employees benefit by knowing there are reserved spots and the child care provider can rely on steady income. The resort also looked into partnering with facilities to add child care providers to their healthcare plan as The Sonnenalp employees in order to create a partnership and incentivize the child care facility to prioritize The Sonnenalp employees. EMPLOYER DRIVER SOLUTIONS Sponsored On-site Slots: ¿Winter Park Resort provides child care at the resort for kids 2 months – 5 years Secured Slots at Local Centers ¿The Viceroy Hotel in The Town of Snowmass Village sponsors a space and individual pursuing licensure to provide child care for employees Employer-funded Subsidies ¿The Viceroy Hotel contributes $30 per day to offset the cost of child care. ¿Vail Health provides an annual child care subsidy and contracts directly with a child care organization (EVCCA) that has locations mid and up valley to reserve spots for employees’ children and subsidize cost OTHER EXAMPLES FOR CONSIDERATION INNOVATION: Securing Slots at Local Centers SPOTLIGHT: High-Impact Employer Innovation 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY18 ALPINE AREA AGENCY ON AGING Innovations by employers are complemented by government sponsored or supported programs. Below is a sample of an innovation in one of our regions along with a listing of other innovations by policy makers that are addressing affordability, capacity, and fit. The City of Aspen voters recognized the need for long term funding to support child care and affordable housing, passing a .45% city sales tax in 1990. This tax has renewed until 2038. The funding supports Kids First - Child Care Resource Center, a department of the City of Aspen. Among many other supports, Kids First offers infant and toddler subsidies, quality improvement funding for child care providers, and incentive funding for professional development. Kids First also offers quality improvement coaches, nurse consulting, and a resource teacher who acts as a substitute in the child care programs. Kids First offers financial aid to families that are over the CCCAP max household income and is providing emergency assistance for families who are out of work, seeking work, and need to keep a space in a child care program. POLICY DRIVEN SOLUTIONS Establishing New ECE Centers ¿Middle Park Health and West Grand School District partnered to open the West Grand Early Childhood Center strictly for infants/toddlers ¿The Town of Silverthorne will be building a new child care center in their new attainable housing development ECE Workforce and Professional Development ¿Eagle County offers a salary supplement program based on a teacher’s credential level and time they have been in the center ¿Grand County Library District offers Career Online High School Program, which is an accredited diploma program, including the CDA certification for employment as a child care worker in a professional setting OTHER EXAMPLES FOR CONSIDERATION INNOVATION: Tax-payer Funded Programs SPOTLIGHT: High-Impact Policy Innovation 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY 19 ALPINE AREA AGENCY ON AGING Councils and providers collaborate on both navigation supports and tuition assistance to ensure that high-quality care is affordable, available, and suitable. Below is a sample of an innovation in our region along with a listing of other innovations. Grand Beginnings, the Early Childhood Council for Grand and Jackson Counties, improves the collaboration and coordination of comprehensive early childhood services throughout the area. Recognizing that many families in the region do not qualify for statewide assistance through the CCCAP program, Grand Beginnings identified funding to offer a Tuition Reimbursement Program targeted to families who don’t qualify for CCCAP but have less income than sufficient per cost of living in the community. Further, licensed child care programs in the community receive an allotment of tuition money based on enrollment and quality indicators and then receive that tuition money from Grand Beginnings to help families stay enrolled. This funding assistance helps families directly and incentivizes quality improvement for child care providers. Navigation supports ¿The Rocky Mountain Early Childhood Council has launched a Resource Roadmap for providers, children and families ¿Bright Horizons is an agency that works directly with employers to provide a variety of support programs, including various child care solutions (backup care, onsite care, etc.) Tuition Assistance ¿Early Childhood Options offers child care tuition credits for 4-year old children OTHER EXAMPLES FOR CONSIDERATION INNOVATION: Tuition Assistance SPOTLIGHT: High-Impact Early Childhood Council Innovation EARLY CHILDHOOD COUNCIL & PROVIDER DRIVEN SOLUTIONS 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY20 ALPINE AREA AGENCY ON AGING A vibrant non-profit network is providing support to the ECE system in a variety of ways. Below is a sample that highlights an innovation among community partners along with samples of other innovations in the region. A decade ago, only 1% of Latinx immigrant families’ preschool-age children were enrolled in preschool in the Roaring Fork Valley, and families reported being disconnected from schools, services, and jobs. In response, Valley Settlement created a pipeline of early childhood and parent engagement programs designed to eliminate barriers to participation. Valley Settlement supports the Roaring Fork Valley with a variety of programs including the El Busesito program, with a fleet of three “Little Buses” that travel to 12 neighborhoods to provide bilingual preschool education to nearly 100 children who would otherwise have no access to preschool. Facilitation of New Centers ¿Basalt Childcare Coalition secured employee housing for child care teachers and are working on building a new child care center in Basalt, funded by the Town of Basalt. Financial Aid to Programs ¿The Summit Foundation provided funds to pay teachers during COVID closures. Shared Advocacy ¿The Early Childhood Council Leadership Alliance works closely with the Colorado Children’s Campaign to advocate for more funding for Early Childhood Councils. Last year, this resulted in an additional $2.19M in quality improvement funding. OTHER EXAMPLES FOR CONSIDERATION INNOVATION: Community Outreach SPOTLIGHT: High-Impact Early Community Partner Innovation COMMUNITY PARTNER DRIVEN SOLUTIONS 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY 21 ALPINE AREA AGENCY ON AGING As regional impacts of COVID play out, it is worth taking a step back to evaluate international, national, and statewide approaches to these challenges. While local innovations and state funding are very important as a lifeline to the service needs of the community, it is worthwhile to zoom back and realize that national policy solutions may be the best bang for our buck in the long run. The long history of K-12 in Colorado, and even the challenge of providing full day kindergarten in the state reveals a complex web of funding, organizations, and needs that are not fully met. Other nations approach child care differently. In time it may be possible for a more comprehensive approach to this challenge to emerge in the U.S. By looking at other models and understanding the impact long-term strategic public investment can have on ECE systems, we gain inspiration to build a better system for our working families, communities and economies. We have highlighted several key examples below, with additional models and solutions detailed in the appendix. GLOBAL, NATIONAL & STATEWIDE SOLUTIONS 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY22 ALPINE AREA AGENCY ON AGING German policy-makers have been trying to make it easier for women and men to reconcile their work and family-life. Since 2013 in Germany, all children aged 1 and over have a legal right to education, early learning and care at a day nursery/ preschool or with a childminder. Germany’s federal states have invested heavily in the expansion of child care for infants and children. ¿Short for Kindertagesstätte, Kita is a collective term for various forms of child care, grouped into four types: • Nurseries (Kinderkrippe) - For children aged < 3 • Preschools (Kindergärten) - For children aged 3 - 7 • Childminders / Nannies (Tagespflege) - For all children • After-school care (Schulhort) - For children attending primary school ¿More than 10 years ago Federal Ministry of Family Affairs, Senior Citizens, Women and Youth introduced their first „Aktions programm Kindertagespflege“ focused on the care of children under age three. The main goal of this program was to improve the availability of quality child care for children under the age of three by non- parental persons all over the Germany. In that time the availability of care for children under the age of three was approximately 20% for Germany as a whole. By 2017 this number had substantially increased to 33%. ¿The main focus was to expand child care services both at an institutional level – support for the construction of new child care facilities for children under the age of three, as well as support for non-institutional forms of child care for children up to three years of age by a qualified caregiver, the so-called Tagesmutter or childminder. ¿Despite rights and subsidies, wide variation in costs are normally set by local government, meaning that even within a state the costs are highly variable. GLOBAL GERMANY Benefits: ¿Legal rights for ages 1-6 ¿Increased equity Costs: ¿Variable by state ¿Waitlists common Relevance to My Community: High Medium Low Notes: VALUE TO THE COMMUNITY 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY 23 ALPINE AREA AGENCY ON AGING In the US, without financing to support the provision of high-quality child care, supply will continue to be an issue for families who cannot afford high tuition rates. Here is a summary of recent and pending action at a national level. ¿Congress recently increased funding for the Child Care and Development Block Grant (CCDBG), which states are using to increase the number of families served through the child care subsidy system. While this increase is already improving access to quality child care, a much larger investment is needed to fully fund high- quality child care. ¿CARES Act included $3.5B in dedicated funding through Child Care and Development Block Grants (CCDBGs). Many child care advocacy groups have cited a need for at least $50 billion in child care funding to stabilize and adequately provide for the industry as a whole a COVID-19 pandemic wears on. This COULD be accomplished through an upcoming COVID- supplemental stimulus package if one could be passed by the US Congress. ¿Written and introduced in 2019 by Senator Bennet, the American Family Act would overhaul the existing Child Tax Credit to make it a more effective tool for supporting middle-class families with kids and reducing child poverty. The bill would create a new $300 per-month, per-child credit for children under 6 years of age and a $250 per-month, per-child credit for older children – increase the credit for all children, and, for the first time, making credit fully refundable. ¿Conducting a cost-of-quality study can help states determine the actual costs to operate a high-quality early childhood program, including sufficient teacher compensation. States can then set reimbursement rates based on this study, including variations by quality, ensuring that programs are not disincentivized from serving child care subsidy-eligible children and that programs serving primarily low-income children are able to generate sufficient revenue to operate at a high-quality level. Such studies should also consider additional costs associated with serving infants and toddlers, children with disabilities, and families who need child care during nonstandard hours. ¿The National Children’s Facilities Network estimates that the cost of upgrading child care facilities, including Head Start facilities, to current professional quality standards is $10 billion. This includes updating building space to address health and safety issues, repair structures, upgrade utilities, and ensure classrooms are developmentally appropriate for children. Federal funds for facilities upgrades should be distributed via the Community Development Financial Institutions Fund, designated by the U.S. Department of the Treasury. ¿Investing in child care infrastructure also means supporting licensing and monitoring systems, as well as taking steps to support the early childhood workforce. Importantly, infrastructure investments must be paired with long-term financing strategies to ensure that programs can afford to operate. NATIONAL UNITED STATES Benefits: ¿Wide variety of options Costs: ¿High & variable Relevance to My Community: High Medium Low Notes: VALUE TO THE COMMUNITY 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY24 ALPINE AREA AGENCY ON AGING Colorado’s General Assembly, state departments, and other statewide organizations have developed innovations that could improve access. Here’s a brief summary: ¿Colorado is working on developing a universal preschool system that is available to all 4 year-old children. Funding comes from a voter-approved nicotine tax and will begin in fall 2023. ¿Full Day Kindergarten – While Kindergarten is currently not a requirement in Colorado, research shows that starting students on their academic path in Kindergarten (ages 5-6) promotes children’s enthusiasm, initiative, persistence, and engagement in learning and helps children enter schooling ready to succeed. ¿The 2021-2022 budget released by the Governor’s Office with a proposed $5 million in grants for on-site employer child care projects and another $10 million to support start-up capital and mentorship for community child care projects. ¿Child Find ensures every school district or Board of Cooperative Educational Services (BOCES) has professionals trained to evaluate young children’s development including cognitive functioning, motor skills, hearing and vision, speech and language and social emotional development for early intervention or special education services. According to the Center for American Progress, expanding the child care subsidy system to cover all low- and middle- income families and providing universal preschool for all 3- and 4-year-olds are two critical steps Colorado can take to support working families. Increasing public investment in ECE in this way would lead to substantial benefits for children, families, and the broader state economy. ¿314,106 young children could be served by expanded child care subsidy system ¿The median family with two children would save $24,542 if child care costs were capped at 7 percent of family income ¿Estimated annual state economic benefit of affordable child care $3.1 B ¿Estimated annual state economic benefit of universal preschool $1.24 B STATEWIDE STATE OF COLORADO Benefits: ¿Wide variety of options Costs: ¿High & variable Relevance to My Community: High Medium Low Notes: VALUE TO THE COMMUNITY 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY 25 ALPINE AREA AGENCY ON AGING QUICK START ACTIONS As a local leader reading this report, if you are motivated to take action, there is evidence that community support is growing. The recent passage of Proposition EE and full day kindergarten are just two indications of public demand for improvements in ECE. Public officials can gain “political courage” from indications of public sentiment on this issue. While these solutions will help the situation, additional action is need both locally, and at the regional, statewide, and national level. For now, there are no national or statewide one-size-fits all solutions. However, we recognize that we must both innovate in our local communities AND contribute to statewide and national solutions. Below is a table that highlights the general actions needed in each domain. It is up to local partners, however, to select which innovations are most valuable to your community. We encourage you to assemble a powerful coalition and work together to select the most impactful options that are feasible given your assets and constraints. To help you along, refer to the quick-start actions in the table below, the community discussion guide, the regional innovations section, and the county fact sheet appendix. CHARTING YOUR COURSE 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY26 ALPINE AREA AGENCY ON AGING ¿Determine the most pressing needs by: - Reading your county profile - Convening local providers, business owners, families, and advocates ¿Assess support for different solutions presented in this guide, selecting those that are impactful and feasible ¿Build the case for change and mobilize commitment to specific ¿Collaborate on a plan that makes clear the benefits, actions, owners, timelines and resource ¿Execute and address barriers See Discussion Guide in the appendix INNOVATE WITHIN YOUR LOCAL COMMUNITY……WHILE CONTRIBUTING TO REGIONAL, STATEWIDE, & NATIONAL SOLUTIONS ¿Determine which solutions your community can impact or require statewide support ¿Contact your local, state, and national elected officials to make them aware of your community’s needs and plans: We will do _________ and you must do _________ ¿Contribute to policy analysis at a regional, statewide, and national level ¿Help to craft policies that meet your communities needs while avoiding unintended consequences ¿Build support within your local community for policy measures, ballot initiatives, etc. ¿Optional: Draft letters to elected officials in the appendix QUICK START ACTIONS 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY 27 ALPINE AREA AGENCY ON AGING APPENDIX We hope that the guide below is helpful to you as you convene your partners and chart your common course forward. Each phase is outlined below with guiding questions. DISCUSSION GUIDE: Community Early Child Care & Education Action Plan ¿What challenges are made clear from your county profile? ¿What community challenges do you face and what is the scale of each? ¿Which needs are most urgent? ¿For which need is there strong support? ¿What are our consensus goals? DETERMINE THE NEEDS ¿Which community and business leaders want to be or should be at the table? ¿Which child care and education providers can contribute expertise and data? ¿Which families or communities must be represented to ensure coverage and equity? ¿What does each partner bring to the table? ¿When and how can we convene to begin building a community plan? BUILD THE COALITION NOTES 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY28 ALPINE AREA AGENCY ON AGING The following pages contain point-in-time snapshots of demographic, economic, and early childhood information for each of the five counties in the NWCCOG. Community resources vary widely and those included in the following pages represent only a sample. Information and research related to early childhood shifts rapidly, so we encourage you to use the references and resources cited. Eagle County • Grand County • Jackson County • Pitkin County • Summit County ¿Which stakeholders must be on-board with the proposed changes? ¿What benefits will ach stakeholder receive from the change? What challenges must be overcomes? ¿Based upon existing relationships, who will reach out to make the case for change? ¿How will we address barriers? ¿Which options have you considered? ¿What are the financial costs of each option? ¿What are the costs of NOT acting? ¿How long would each idea take to make a difference? ¿What degree of support is there for each? ¿Which solution or solutions do you agree should be acted upon, locally? ¿Who will steer the effort? ¿What are the boundaries for the effort—in scope versus out of scope? ¿What specific benefits do we seek? ¿Which actions must we take, and who is best able to execute each? By when? ¿Which risks are most significant and how can we mitigate each? ¿Communicate the purpose to all concerned ¿Orient action owners on the governance model (each person’s role, how often we’ll meet, how we will report progress, etc.) ¿Complete tasks and surface barriers to success ¿Test solutions, if possible, and respond to lessons learned. MOBILIZE COMMITMENT DEBATE OPTIONS & SELECT SOLUTIONS BUILD THE PLAN EXECUTE & ADDRESS BARRIERS NOTES COUNTY FACT SHEETS 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY 29 ALPINE AREA AGENCY ON AGING 54,537 7% Total Population Change since 2010 3,145 Children under age 5 $86,896 Median household income 10.8% Enrolled in Colorado Health First 48.1% Attained bachelor’s degree or higher Early Childhood Care 43 Licensed Providers Centers – 74% FCCH – 26% 1,792 Licensed Capacity 145 CCCAP Authorizations $54 Average daily rate per child (birth- five) Household Information Single Parents Total Households 17,750 Married - Children Under 18 Average Household Size Family - Children Under 18 Community Involvement in ECE • Eagle County Government invests in early childhood , providing subsidies, internships, incentives, and facilities • Several large employers in the county, including Vail Resorts, Vail Health, and others, offer programs and funding supports to their employees for child care • The Town of Vail provides space and capital resources in partnership with the Eagle Valley Child Care Association • Rocky Mountain Early Childhood Council, provides professional development and community support services for providers, children, and families in the county • Valley Settlement offers supports for family, friend, and neighbor care, along with mobile preschool services for the Roaring Fork Valley (Pitkin and Eagle Counties) COVID Challenges Since Spring 2020: 39% decline in ECE enrollment 13% decline in ECE workforce 23% families report inadequate care for children under 5 6%24% 30%3.06 1,684 square miles Industry Mix Employment Average Annual Wages Community Resources • Rocky Mountain Early Childhood Council • Our Community Foundation • Early Childhood Partners • Eagle County Schools Early Childhood Education • Eagle County o Infant/Toddler Subsidy o EC Educators Salary Supplement o Recruitment and New Hire Incentives • Town of Vail • Eagle Valley Child Care Association Data Sources: US Census 2018 American Community Survey; Bureau of Labor Statistics Q2 2020 Quarterly Census of Employment and Wages Q2 2020; Colorado Department of Human Services: October 2020 Licensed Child Care Facilities Report, 2017 Market Survey (CPI adjusted); Early Milestones Colorado COVID-19 Research Partnership Public Administration 6% Tourism and Outdoor Recreation 38% Construction 13% All Others 25% Prof, Scientific, Info 7% Healthcare and Social Assistance 10% Man. 1% 32,378 24,836 - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 45,000 Employment (number of jobs) Q2 2019 Employment (number of jobs) Q2 2020 % Change (Q2 2019 to 2020) -23% 15,066 4% Total Population Change since 2010 563 Children under age 5 $69,214 Median household income 10.8% Enrolled in Colorado Health First 37.8% Attained bachelor’s degree or higher Early Childhood Care 12 Licensed Providers Centers – 83% FCCH – 17% 314 Licensed Capacity 24 CCCAP Authorizations $51 Average daily rate per child (birth- five) Household Information Single Parents Total Households 5,823 Married - Children Under 18 Average Household Size Family - Children Under 18 Community Involvement in ECE • Grand Beginnings serves as the Early Childhood Council for Grand and Jackson Counties, providing professional development and community support services for providers, children, and families in the county • Grand County Library District offers supports and resources to early childhood education career seekers, and family, friend, and neighbor providers (and more!) • Middle Park Health and West Grand School District partnered to open the West Grand Early Childhood Center • Winter Park Resorts offers onsite child care for employees and makes unused slots available to the broader community COVID Challenges Since Spring 2020: 36% decline in ECE enrollment 29% decline in ECE workforce 21% families report inadequate care for children under 5 5%12% 18%2.54 1,846 square miles Industry Mix Employment Average Annual Wages Community Resources • Grand Beginnings • Mountain Family Center • Grand County Library District • Grand County CCCAP Data Sources: US Census 2018 American Community Survey; Bureau of Labor Statistics Q2 2020 Quarterly Census of Employment and Wages Q2 2020; Colorado Department of Human Services: October 2020 Licensed Child Care Facilities Report, 2017 Market Survey (CPI adjusted); Early Milestones Colorado COVID-19 Research Partnership Public Administration 10% Tourism and Outdoor Recreation 45%Construction 13% All Others 18% Prof, Scientific, Info 4% Healthcare and Social Assistance 7% Man. 2% 7,359 5,477 - 2,000 4,000 6,000 8,000 10,000 Employment (number of jobs) Q2 2019 Employment (number of jobs) Q2 2020 % Change (Q2 2019 to 2020) -26% 1,395 -5% Total Population Change since 2010 83 Children under age 5 $51,457 Median household income 19.8% Enrolled in Colorado Health First 16.8% Attained bachelor’s degree or higher Early Childhood Providers 1 Licensed Providers Centers – 100% FCCH – 0% 15 Licensed Capacity 0 CCCAP Authorizations Household Information Single Parents Total Households 575 Married - Children Under 18 Average Household Size Family - Children Under 18 Community Involvement in ECE • Jackson County is home to one licensed child care provider • Grand Beginnings, the Early Childhood Council for Jackson County, provides professional development and community support service • Child Care Network provides child care resource and referral services for Jackson County Note: some data unavailable for Jackson County (e.g., Early Milestones Colorado COVID-19 survey responses, 2017 Market Survey and adjusted average daily rate) 1%5% 6%2.24 1,613 square miles Industry Mix Employment Average Annual Wages Community Resources • Grand Beginnings • Child Care Network • Jackson County CCCAP (administered by Grand County) Data Sources: US Census 2018 American Community Survey; Bureau of Labor Statistics Q2 2020 Quarterly Census of Employment and Wages Q2 2020; Colorado Department of Human Services, October 2020 Licensed Child Care Facilities Report Public Administration 24% Tourism and Outdoor Recreation 23% Ag, Forestry, Fishing, Hunting 20% Construction 12% All Others 9% Prof, Scientific, Info 6% Healthcare and Social Assistance 6% 588 533 0 100 200 300 400 500 600 700 800 900 Employment (number of jobs) Q2 2019 Employment (number of jobs) Q2 2020 % Change (Q2 2019 to 2020) -9% 17,909 9% Total Population Change since 2010 823 Children under age 5 $89,034 Median household income 7.9% Enrolled in Colorado Health First 63.1% Attained bachelor’s degree or higher Early Childhood Care 16 Licensed Providers Centers – 83% FCCH – 17% 634 Licensed Capacity 34 CCCAP Authorizations $75 Average daily rate per child (birth- five) Household Information Single Parents Total Households 7,018 Married - Children Under 18 Average Household Size Family - Children Under 18 Community Involvement in ECE • Kids First a department of the City of Aspen, provides a wide variety of resources, financial services, and program support for families, early childhood professionals, and programs • The Aspen Community Foundation provides funding and grant support for family child care home providers and families • Rocky Mountain Early Childhood Council, providing professional development and community support services for providers, children, and families in the county • The Basalt Early Childhood Coalition, supported by the Town of Basalt offers tuition assistance, housing support, and coaching programs for early childhood providers in Eagle and Pitkin Counties COVID Challenges Since Spring 2020: 27% decline in household income 38% furloughed ECE workforce 25% families report inadequate care for children under 5 8%10% 18%2.53 970 square miles Industry Mix Employment Average Annual Wages Community Resources • Kids First, City of Aspen • Rocky Mountain Early Childhood Council • Town of Basalt • Pitkin County Data Sources: US Census 2018 American Community Survey; Bureau of Labor Statistics Q2 2020 Quarterly Census of Employment and Wages Q2 2020; Colorado Department of Human Services: October 2020 Licensed Child Care Facilities Report, 2017 Market Survey (CPI adjusted); Early Milestones Colorado COVID-19 Research Partnership Public Administration 11% Tourism and Outdoor Recreation 46% Construction 5% All Others 22% Prof, Scientific, Info 7% Healthcare and Social Assistance 7% Man. 1% 15,652 12,402 - 5,000 10,000 15,000 20,000 Employment (number of jobs) Q2 2019 Employment (number of jobs) Q2 2020 % Change (Q2 2019 to 2020) -21% 30,429 12% Total Population Change since 2010 1,310 Children under age 5 $80,078 Median household income 10.4% Enrolled in Colorado Health First 51% Attained bachelor’s degree or higher Early Childhood Care 26 Licensed Providers Centers – 83% FCCH – 17% 830 Licensed Capacity 52 CCCAP Authorizations $74 Average daily rate per child (birth- five) Household Information Single Parents Total Households 9,707 Married - Children Under 18 Average Household Size Family - Children Under 18 Community Involvement in ECE • The Summit Foundation provided financial resources and grants for early childhood providers • Voters approved sustainable funding for affordable child care and support services, including a new facility and the Summit Pre-K Program • Early Childhood Option is Summit County’s Early Childhood Council, providing professional development and community support services for providers, children, and families in the county • The Town of Silverthorne has invested in the development of a child care center in a new housing development • The EC Cares program and the Summit Community Care Clinic provide basic health services to all early childhood educators COVID Challenges Since Spring 2020: 5% decline in ECE enrollment 3% decline in ECE workforce 25% families report inadequate care for children under 5 5%19% 23%3.09 608 square miles Industry Mix Employment Average Annual Wages Community Resources • Early Childhood Options • The Right Start Project • Family & Intercultural Resource Center • Summit Foundation • Summit County Data Sources: US Census 2018 American Community Survey; Bureau of Labor Statistics Q2 2020 Quarterly Census of Employment and Wages Q2 2020; Colorado Department of Human Services: October 2020 Licensed Child Care Facilities Report, 2017 Market Survey (CPI adjusted); Early Milestones Colorado COVID-19 Research Partnership Public Administration 11% Tourism and Outdoor Recreation 46% Construction 9% All Others 19% Prof, Scientific, Info 6% Healthcare and Social Assistance 8% Man. 1% 20,704 14,581 - 5,000 10,000 15,000 20,000 25,000 30,000 Employment (number of jobs) Q2 2019 Employment (number of jobs) Q2 2020 % Change (Q2 2019 to 2020) -30% Employers, policy makers, ECE providers and community partners have shown great creativity in meeting the major challenges described in the preceding sections: affordability, capacity, and fit. This section contains a summary table of a selection of the innovations recognized, along with sections detailing examples of each innovation in action. As you review each section, consider the relevance of this to your local community in the section provided. INNOVATIONS IN THE NWCCOG REGION PARTNERS AFFORDABILITY CAPACITY FIT Employers • Employer-funded Subsidies • Sponsored slots for employees • On-site care Policy Makers • Taxpayer-funded Subsidies • Center Space • New ECE Centers • ECE Workforce & Professional Development • Navigation Supports • Navigation Supports ECE Providers & EC Councils • Tuition Assistance • Navigation Supports Community Partners • Financial Aid / Tuition Assistance • Facilitation of New Centers • Transportation • Shared Advocacy / Navigation Support • Related Services 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY40 ALPINE AREA AGENCY ON AGING Employers across the region are innovating to meet the needs of their employees, knowing that consistency, productivity, and retention each depend upon convenient, affordable, high-quality care for children. What follows is a summary of the levers local businesses are pulling to deliver. As you review each section, consider the relevance of this concept to your local community in the section provided. The following is not an exhaustive list and includes examples provided during study focus groups. ¿Winter Park Resort provides child care available on a space available basis for infants, toddlers and pre-school ages 2 months to 5 years through the Early Education Center (EEC). Slots unused are available to the broader community. ¿Viceroy Hotel in SMV sponsors a space and person getting licensed for child care for their employees. Finding space for a longer term is a real concern and is in progress. ¿Sonnenalp is partnering with one child care center to reserve spots by paying the employee’s deposit. Looked into partnering with facilities to get child care providers on their healthcare plan as Sonnenalp employees in order to create a partnership and incent the child care facility to prioritize Sonnenalp employees. ¿The Viceroy Hotel contributes $30 per day to offset the cost of child care. ¿Eagle Valley Child Care Association - EVCCA provides priority waitlist for business partners Town of Vail and Vail Health. Both employers provide discounts to employees using their “spots”. Eagle County government used to subsidize a portion of the care; employees had to get on a waitlist. ¿Vail Health provides an annual child care subsidy. They also contract directly with a child care organization (EVCCA) that has locations mid and up valley to reserve spots for employees’ children and subsidize cost. ¿Flexibility, working from home, remote technologies SPONSORED ON-SITE SLOTS SECURED SLOTS AT LOCAL CENTERS EMPLOYER-FUNDED SUBSIDIES COVID-RELATED INNOVATIONS Barriers Addressed: Affordability Capacity Fit Relevance to My Community: Barriers Addressed: Affordability Capacity Fit Relevance to My Community: Barriers Addressed: Affordability Capacity Fit Relevance to My Community: EMPLOYER DRIVEN SOLUTIONS 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY 41 ALPINE AREA AGENCY ON AGING Innovations by employers are complemented by government sponsored or supported programs. The table below highlights innovative programs that are helping to address affordability, capacity, and fit. Room is provided for you to make notes on the potential relevance to your community. ¿Early Childhood Program is a blended, center-based program that includes Head Start, Colorado Preschool, Early Childhood Special Education, and traditional preschool programming. Recognizing the importance of early childhood experiences on school success, Eagle County Schools continues to take an active role in fully integrating early childhood programs into the district. ¿Town of Silverthorne will be building a new child care center in their new attainable housing development (Smith Ranch), in partnership with Summit County Government. ¿Middle Park Health (local clinic/hospital) and West Grand School District partnered to open the West Grand Early Childhood Center (WGECC) strictly for infants/toddlers addressing the biggest slot shortage. The Center is licensed to accommodate 5 spots for infants and 10 spots for toddlers, more than doubling the current licensed infant/toddler day-care capacity in Kremmling. »Have 3 slots dedicated for District staff (helps their employee/teacher retention) and then broader community is able to enroll in unused slots. »Monetary support from grant funding through the Colorado Department of Education helps stabilize child care program. ¿Pitkin County has been promoting Colorado Child Care Assistance Program (CCCAP) for school age programs to help provide safe places for older children when they are not in school on an alternating day schedule. ESTABLISHING NEW ECE CENTERS ¿The Town of Vail (TOV) provides space and capital resources to the 2 ECE centers operating in the community »Children’s Garden of Learning - TOV built space and is currently building new space for them to allow housing on their current site. TOV provides funding annually for use towards capital needs to maintain facility. »Eagle Valley Child Care - TOV facilitated space built as part of development agreement of project. Only infant care facility in Vail and TOV provides funding towards offsetting the extra expense of providing infant care. Located in the Edwards Miller Ranch neighborhood, the center, which will be run by the Eagle Valley Child Care Association (which also runs the Vail Child Care Center), will have about 80 spots. Factor in that most families don’t need full-time child care, and county officials expect to accommodate about 140 kids a week. ¿Lake County School District offered space for The Center program to operate. (Note: they were also offering space for the Bright Start Center but are working to re-open since COVID.) ¿Eagle County offered an unused building to be used for ECE. PROVIDING SPACE AT NOMINAL COST Barriers Addressed: Affordability Capacity Fit Relevance to My Community: Barriers Addressed: Affordability Capacity Fit Relevance to My Community: POLICY DRIVEN SOLUTIONS 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY42 ALPINE AREA AGENCY ON AGING ¿Eagle County »Offers a salary supplement program based on a teacher’s Early Childhood Professional Credential level and time they have been in the center. Offered twice a year. »Offers new hire and recruiter incentives for those who haven’t been previously in the profession; Eagle County provides subsidies to programs for infant and toddler slots. ¿Eagle County Schools »Partnering with Valley Settlement to provide paid internships for Child Development Associate (CDA) »Prior to COVID, ECS and the County partnered to Provide two Paid Training days with workshops and other programs. »Has a pay structure where teachers get salary increases based on education completion. ¿Grand County Library District »Offers Career Online High School Program which is an accredited diploma program. Career certificates include the CDA certification for employment as a child care worker in a professional setting. »Offers the Growing Readers Together Program, a Buell Foundation Grant, to target family, friend, and neighbor (FFN) care. »Focused on 5 characteristics of reading (write, talk, sing, play, read) with skills and books/manipulatives to FFN caregivers. With COVID, we’ve seen an increase in child care sharing. ¿CMC Early Childhood Dept, helps students qualify for a career in the classroom or in administration. Students meet the educational requirements for Early Childhood Teacher and Director per the Colorado Department of Human Services. »Offers 4 Certificates and 2 Degrees, providing training and credentials for those who want to become involved in the care of young children from birth to age eight. »Courses in theory and lab experience are combined to provide a comprehensive base of growth and development, with a strong emphasis on field experiences. Early intervention, high risk, gifted and developmentally delayed issues are included. »Rifle CMC is offering Career Academy with ECE as a focus career choice. Collaborating on bringing together interested programs/providers/teachers who are interested in serving as mentors to students participating in dual enrollment program. CMC is looking into offering a focused on preparing mentor teachers who wish to participate. The ultimate goal is to have lab school connected with CMC/partnership with Garfield County »Katz Amsterdam Foundation supported a scholarship at CMC for people working toward their ECE »Some high schools holding CDA courses to their students. When the student graduates, they are lead teacher qualified • Yampa Teen , Eagle County HS, 2 Garfield County HS & Carbondale HS ¿Other Workforce Supports »Colorado Office of Early Education has a child care specific track, built in partnership. »Colorado Shines Brighter Business supports for providers ECE WORKFORCE AND PROFESSIONAL DEVELOPMENT Barriers Addressed: Affordability Capacity Fit Relevance to My Community: 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY 43 ALPINE AREA AGENCY ON AGING ¿Eagle County Government »Offers an Infant toddler subsidy to licensed centers covering about 75% of the cost of care for those slots. »Offering a preschool slot subsidy in response to COVID »Expanded the number of CCCAP families it funds & increased the income level »Teacher Salar y Supplement »New CHF grant for Family Friends & Neighbors work »Working with Roaring Fork on Spanish CDA classes »Eagle County Services ¿Eagle County Schools provided extended hours and summer/break care through Mill Levy Dollars ¿City of Aspen »Kids First - Child Care Resource Center is a department of the City of Aspen, funded through a .45% city sales tax for Affordable Housing and Child Care. This tax was initially passed by Aspen voters in 1990 and has renewed until 2038. It offers infant and toddler subsidies, QI funding, incentive funding for professional development. Also offers quality improvement coaches, and a resource teacher who acts as a sub in the child care programs. There is a fee for the substitute and the nurse consultations, but it is heavily subsidized. »Kids First offers financial aid to families that are over the CCCAP max household income. Emergency assistance right now for families who are out of work, seeking work, and need to keep a space in a child care program. This site has info and a calculator to see if you qualify: https://www.cityofaspen.com/316/Financial-Aid »Provide nurse consulting to the child care programs that has been a lifesaver as a liaison between public health and child care programs. »Aspen Family Connections (part of the Aspen School District) is working with the City of Aspen to use tobacco tax funding for prevention programming - including an early childhood connector that is coming soon. »City of Aspen is working with CMC Aspen to start an infant room on their campus, able to accommodate as many as 10 babies and two staff members »Offered flu shots to child care staff for no charge, in partnership with Pitkin County and Community Health. ¿Summit County »Voters approved their Ballot Measure 1A in November 2020, allowing county commissioners to adjust the county’s mill levy rate in order to maintain the revenue that would otherwise be lost. $2.5 million is earmarked for affordable early childhood care and learning. This will enable the construction of a new child care facility and the Summit Pre-Kindergarten (Pre-K) Program. This will provide preschool tuition credits for children who are 4 years old by October 1. Credits will be offered on a sliding scale, based on household income. »Summit County’s Right Start Program provides: • ECE workforce supplements • College scholarships • Quality improvement supports (coaching, training, etc.) • CCCAP supplements • Home visitation • Limited access to health care through the Community CARE Clinic TAXPAYER-FUNDED SUBSIDIES Barriers Addressed: Affordability Capacity Fit Relevance to My Community: 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY44 ALPINE AREA AGENCY ON AGING ¿Summit County (continued) »Early Head Start in Summit County is funded by the county but managed by Early Childhood Options as a mixed delivery model, with community child care sites and school district preschool options. ¿Town of Basalt offers Tuition Assistance dependent on the availability of funds, family gross income, the cost of child care, the number of days a child attends child care, and the number of children in child care. Other assistance includes: • Financial aid and tuition assistance • Coaching to programs in their area • Employee Housing ¿Garfield County DHS has an outreach consultant who can help families braid available ECE funding resources (e.g., CCAP & CPP). She can meet families who have transportation or other issues at a convenient location. Monica De La Espriella, Child Care Outreach Consultant, Garfield County DHS Child Care Program, (970) 945-9191 EXT. 3064, mdelaespriellamoreno@garfield-county.com ¿Steamboat Springs is working on a family friendly policy handbook to distribute to local businesses where they can pull sample policies to add to their handbook TAXPAYER-FUNDED SUBSIDIES (Continued) NAVIGATION ASSISTANCE Relevance to My Community: Barriers Addressed: Affordability Capacity Fit Relevance to My Community: ¿Eagle County offered a 1x payment to ECE professionals for COVID shutdown (hazard pay) ¿Eagle County Schools increased staff/families Mental Support Services via HS CARES grant ¿CCCAP extending their absence policies to centers from 3 to 10. Helps support families and centers to still get paid if kids get sick or need to stay home because of COVID ¿City of Aspen - applies to all programs in Pitkin County. »Rent relief - 1/3 paid for 3 months »Enrollment subsidy - to support staff during low enrollment »Emergency supply funding to reimburse programs for PPE and cleaning supplies »Emergency funding in the event of closure due to COVID »Bi-weekly zoom meetings with child care programs, public health, and licensing COVID-RELATED INNOVATIONS 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY 45 ALPINE AREA AGENCY ON AGING ¿The Rocky Mountain Early Childhood Council has launched a Resource Roadmap for providers, children and families in our region with the hope to connect people to needed supports. According to state legislation (HB 07-1062), Early Childhood Councils were established “for the purpose of developing and ultimately implementing a comprehensive system of early childhood services to ensure the school readiness of children five years of age or younger in the community.” »Supports Lake, Eagle, Pitkin and Garfield Counties as the CCR&R and also as the implementer of Colorado Shines funding. Colorado Shines funding covers some coaching and quality improvement funding. »Professional Development funding available through the Rocky Mountain ECC. »Buell Foundation funding supports trainings around social/emotional supports through the RMECC. ¿Early Childhood Partners in Edwards, CO has a Family Resource Center by the name of Family Connect, which connects families with resources based on individual needs, mental health support, and parenting support. »The majority of clients are at risk, and Latino. Family Connect also helps Spanish speaking families with applications for things like rent assistance »Helps families complete CCCAP applications and helps them follow up, especially when there are special circumstances, like language barriers, or non-traditional families, extended work hours etc. ¿Bright Horizons is an agency that works directly with employers to provide a variety of support programs, including various child care solutions (backup care, onsite care, etc.) ¿Grand Beginnings improves the collaboration and coordination of comprehensive early childhood services throughout Grand and Jackson County. »Offers a Tuition Reimbursement Program targeted to families who don’t qualify for CCCAP but have less income than sufficient per cost of living in community. »Licensed child care programs in community get allotment of tuition money based on enrollment and quality indicators and then get that tuition money from Grand Beginnings to help families stay enrolled (helps families & incentivizes quality improvement) NAVIGATION SUPPORTS TUITION ASSISTANCE Barriers Addressed: Affordability Capacity Fit Relevance to My Community: Barriers Addressed: Affordability Capacity Fit Relevance to My Community: Councils and providers collaborate on both navigation supports and tuition assistance to ensure that high-quality care is affordable, available, and suitable. The table below contains a few examples along with room for you to record your thoughts on relevance to your community. EARLY CHILDHOOD COUNCIL & PROVIDER DRIVEN SOLUTIONS 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY46 ALPINE AREA AGENCY ON AGING ¿Early Childhood Options, Summit Pre-K Program paying for child care tuition credits for 4-year old children. »Funding comes from Summit County Mill Levy on property tax, while the programs are managed by ECO Right Start Project. »Pre-K program Scholarships for teachers, and salary supplements are managed through Early Childhood Options, with the application here https://eco1.smapply.org/ »FRCs and Councils partnered to distribute FEMA supplies to programs. »Early Childhood Options offers shared HR services to providers – onboarding staff, staff training, helping directors navigate HR regulations related to COVID, guiding staff through HR questions, etc. TUITION ASSISTANCE (Continued) COVID-RELATED INNOVATIONS Relevance to My Community: 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY 47 ALPINE AREA AGENCY ON AGING ¿Early Childhood Council Leadership Alliance works closely with the Colorado Children’s Campaign and a lobbyist to advocate for more funding for Councils so they can fully meet their legislative intent. Last year, this resulted in an additional $2.19M in quality improvement funding. ¿Family Development Center in Steamboat Springs provides a suite of services to families and programs »The Newborn Network is a parent support system that serves all families living in Steamboat and Routt County with children from birth to 3 years. »Child Care Network promotes quality child care that is affordable and available to all families in Jackson, Moffat, Rio Blanco and Routt Counties. They provide information, resources, referrals, training and advocacy for child care and other children’s issues and programs. Services are developed for child care professionals, employers, agencies and organizations. ¿Early Child Network in Glenwood Springs provides local resources for parents connecting to child care, training and educational opportunities, coaching, assessments, EHS, business planning, and other services. »EQIT classes - English and Spanish »CDA - English and Spanish »Bring in qualified presenters »Help with Professional development planning »Certified in business, classroom environment, interactions and social/emotional resiliency »Offers coaches in Garfield, Mesa and Western Eagle Counties »Works to support over 60 FFN programs in Garfield County (unlicensed child care programs) »Collaborates with Early Learning Ventures to provide Early Head Start SHARED ADVOCACY Barriers Addressed: Affordability Capacity Fit Relevance to My Community: ¿Basalt Childcare Coalition secured employee housing for child care teachers and are working on building a new child care center in Basalt, funded by the Town of Basalt. ¿Eagle Valley Religious Foundation- potential for a partnership for a new child care center. Zoning has already been approved for another building at the Edwards Interfaith Church & licensing has been approved ¿EPIC (Executives Partnering to Invest in Children)- Eagle county consultant trying to create a new child care center and operate similar to a co-op. Trying to find a location & determine if local businesses would financially support it. FACILITATION OF NEW CENTERS Barriers Addressed: Affordability Capacity Fit Relevance to My Community: A vibrant non-profit network is providing support to the ECE system in a variety of ways. The table below contains a summary along with space for you to note which of these innovations might be suitable for application in your community. COMMUNITY PARTNER DRIVEN SOLUTIONS 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY48 ALPINE AREA AGENCY ON AGING ¿Aspen Community Foundation partners with Garfield County and ECN to provide family child care program start up grants for programs from Aspen to Parachute. ¿The Summit Foundation provided funds to pay teachers during closures / COVID. ¿Colorado Health Foundation »Working to give local dollars to help fund Friend, Family, and Neighbor care in Eagle County. At very preliminary stage, but this is to support our growing community need and desire for this type of care. »Pre-COVID, gave Grand and Jackson similar funds, dedicated to caregiver supports. This helps give broad support to both early childhood teachers and families not able to access programs. Ex. for families, providing “pop-up playgroups” to access resources, play with other FFN children, get screenings, etc. During COVID, this became drive through resource fairs with multiple community orgs participating to get resources to families. ¿Early Childhood Partners (nonprofit) provides programs for child care in the Eagle River Valley »Coaching and Consultation »Child Care Teacher Training (EQIT, Incredible Years Teacher Classroom Management, Incredible Years Dinosaur School, and trainings upon request for individual child care programs, averaging about 30 child care teacher trainings a year) »Early Childhood Mental Health Consultation »Reflective Supervision for teachers ¿The Aspen Institute is working from Aspen to Parachute with community outreach specific to equity, inclusion and diversity. They understand that child care is an essential part of that conversation. ¿Catholic Charities and Salvation Army- transportation support and more. ¿Youth Power 365 is a 501(c)3 nonprofit organization with support from the Vail Valley Foundation and a large network of partners, providing year-round extended programs for more than 4,000 youth, from infants through K-12. YP leads on the Colorado Child Care Tax Credit in Eagle ¿Building Hope (Summit County) offers support groups for child care teachers ¿Early Childhood Options provides Early Childhood Mental Health Consultation. ¿Raising a Reader in Eagle supports early childhood programs by providing books in English and Spanish. ¿Early Childhood Partners (nonprofit) provides the following for families in the Eagle River Valley: »Healthy Families Home Visitation (focuses on infant mental health & caregiver attachment) »Family Resource Center (Family Connect) »Early Childhood Mental Health Consultation »Parenting classes in English and Spanish (Incredible Years, Five 14 week sessions a year) FINANCIAL AID TO PROGRAMS COMPLEMENTARY SERVICES Barriers Addressed: Affordability Capacity Fit Relevance to My Community: Barriers Addressed: Affordability Capacity Fit Relevance to My Community: 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY 49 ALPINE AREA AGENCY ON AGING »The Summit Foundation has made child care a priority for many years; they helped our large centers with emergency COVID funding awards to offset cost of increased PTO for teachers. COVID-RELATED INNOVATIONS ¿Olivia’s Fund provide financial assistance to anyone who lives or works in Eagle County to help pay for mental health and/or substance use services for up to six sessions per person per year. ¿Our Community Foundation (Eagle County) provides scholarships for early childhood classes, and food for people experiencing food insecurity ¿Early Learning Ventures online platform has helped programs streamlining attendance, payment, etc. making things more efficient and convenient for both EC programs and families using those programs. Early Head Start Quality Child Care Partnerships is made possible by Early Head Start Child Care Partnership (EHS–CCP) grants, supporting vulnerable children and families in underserved areas across Colorado. ¿Focused Kids provides a simple curriculum of mindful exercises developed for kids age 3-8. Children, parents, and teachers learn about the brain, and then the skills of focusing and calming for self-control. ¿Foundations that fund early childhood across the state are critical to our system and supports, specifically Colorado Health Foundation, Caring for Colorado, Temple Hoyne Buell, etc. ¿Transportation and Mobile Preschool Support »Valley Settlement supports the El Busesito program, with a fleet of three “Little Buses” travels to neighborhoods to provide bilingual preschool education to children who would otherwise have no access to preschool. »Mira Bus programming through Vail Health »Blue Lake has its own bus to provide transportation for children. »In Aspen, Wildwood School and Woody Creek Kids provide transportation to their programs »The Center in Leadville has bus transportation for preschoolers in Lake County as long as the family lives further than 1 mile away. »Summit County has a home provider that was able to purchase a large van (using quality improvement funds) so she is able to pick up kids for before and after school care. COMPLEMENTARY SERVICES (Continued) Relevance to My Community: 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY50 ALPINE AREA AGENCY ON AGING VALUE TO THE COMMUNITY Benefits: ¿Legal rights for ages 1-6 ¿Increased equity Costs: ¿Variable by state ¿Waitlists common Relevance to my Community: High Medium Low Notes: VALUE TO THE COMMUNITY Benefits: ¿Legal rights for ages 1-6 ¿Increased equity Costs: ¿Set by state ¿Subsidy varies by income Relevance to my Community: High Medium Low Notes: German policy-makers have been trying to make it easier for women and men to reconcile their work and family-life. Since 2013 in Germany, all children aged 1 and over have a legal right to education, early learning and care at a day nursery/ preschool or with a childminder. Germany’s federal states have invested heavily in the expansion of child care for infants and children. ¿Short for Kindertagesstätte, Kita is a collective term for various forms of child care, grouped into four types: • Nurseries (Kinderkrippe) - For children aged < 3 • Preschools (Kindergärten) - For children aged 3 - 7 • Childminders / Nannies (Tagespflege) - For all children • After-school care (Schulhort) - For children attending primary school ¿More than 10 years ago Federal Ministry of Family Affairs, Senior Citizens, Women and Youth introduced their first „Aktions programm Kindertagespflege“ focused on the care of children under age three. The main goal of this program was to improve the availability of quality child care for children under the age of three by non-parental persons all over the Germany. In that time the availability of care for children under the age of three was approximately 20% for Germany as a whole. By 2017 this number had substantially increased to 33%. ¿The main focus was to expand child care services both at an institutional level – support for the construction of new child care facilities for children under the age of three, as well as support for non-institutional forms of child care for children up to three years of age by a qualified caregiver, the so-called Tagesmutter or childminder. ¿Despite rights and subsidies, wide variation in costs are normally set by local government, meaning that even within a state the costs are highly variable. In Sweden the parents have the right to leave their children at preschool from ages 1-6. ¿The children begin school in autumn the year they turn six when the compulsory school attendance begins. 83% of all children are enrolled in the preschool. ¿The cost of child care in Sweden is set by law, the highest rate is for the 1st child and the rate is smaller for the 2nd and 3rd child. Child number four is free of charge. The fee is also limited by the maximum rate compared to the gross income of the family. Child number one in a family costs 1382 SEK a month or a maximum of 3% of the guardians’ gross income. Child number two costs 922 SEK or a maximum of 2 % of the gross income. Child number three costs 451 SEK or a maximum of 1% of the gross income. Child number four is free of charge. ¿Each preschool receives a subsidy for each child enrolled at the preschool. This also applies to the private preschools. The subsidy is being paid out by the municipality and is revised once a month. 9800 SEK/month is paid out for each 3-, 4- or 5-year-old. 11211 SEK/month for children who are one or two years old. This money should cover everything, the staff’s salaries, premises, meals, cleaning staff, kitchen staff, water and electricity, further training, movables, toys and the expense for children with special needs. GLOBAL, NATIONAL & STATE MODELS GERMANY SWEDEN 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY 51 ALPINE AREA AGENCY ON AGING VALUE TO THE COMMUNITY Benefits: ¿Free 15 hours/week for ages 2-6 ¿Used by 95% of ages 3-4 ¿ Costs: ¿Variable tax credits Relevance to my Community: High Medium Low Notes: VALUE TO THE COMMUNITY Benefits: ¿Free for ages 3-6, age 2 if slots open ¿100% of age 4 ¿Increased equity Costs: ¿Free for public nursery schools Relevance to my Community: High Medium Low Notes: VALUE TO THE COMMUNITY Benefits: ¿Wide variety of options Costs: ¿High & variable Relevance to my Community: High Medium Low The overall structure of ECE in the United Kingdom (England) has been transformed in the last 20 years. ¿Previous governments established universal free provision of 15 hours per week early education and care from age 3 to the start of school and the current administration is expanding provision for disadvantaged 2-year-olds. ¿Availability of child care for working parents has been expanded and local authorities now have a duty to ensure adequate provision, either directly through local government or by private or third sector agencies. ¿Parents can use their free 15 hours per week in any registered setting. Hours above this limit are paid by parents with support through tax credits for low-income families. The 15 hours a week is used by over 95 % of 3- and 4-year-olds. In France, pre-elementary education, which is the responsibility of the Ministry of National Education, is carried out in “nursery school”. Children are welcomed there from 3 years old and up to 6 years old. Children from 2 years old can also be admitted, subject to availability. The law of July 26, 2019 for a school of trust sets the obligation of education from the age of 3 years from the start of the 2019 school year. ¿Children are mainly educated in nursery school. However, parents can also opt for kindergartens or home schooling, under the supervision of state officials. ¿Nursery school is secular and free when it is public. From a legal point of view, nursery schools are not autonomous public establishments. They do not have an operating budget like secondary schools (colleges and high schools). The municipality is responsible for the buildings and finances the material expenses. ¿During the 1960s and 1970s large-scale expansion led to the enrollment of 3-year-olds increasing from 35% to 90 % and of 4-year-olds from 60% to 100 %. ¿Preschool also appeared to reduce socioeconomic inequalities as children from less advantaged backgrounds benefitted more than the more advantaged. In the US, without financing to support the provision of high-quality child care, supply will continue to be an issue for families who cannot afford high tuition rates. Here is a summary of recent and pending action at a national level. ¿Congress recently increased funding for the Child Care and Development Block Grant (CCDBG), which states are using to increase the number of families served through the child care subsidy system. While this increase is already improving access to quality child care, a much larger investment is needed to fully fund high-quality child care. UNITED KINGDOM FRANCE UNITED STATES 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY52 ALPINE AREA AGENCY ON AGING Notes: ¿Written and introduced in 2019 by Senator Bennet, the American Family Act would overhaul the existing Child Tax Credit to make it a more effective tool for supporting middle-class families with kids and reducing child poverty. The bill would create a new $300 per-month, per-child credit for children under 6 years of age and a $250 per-month, per-child credit for older children -- increase the credit for all children, and, for the first time, making credit fully refundable. ¿In 2017, Sen. Patty Murray (D-WA) and Rep. Bobby Scott (D-VA) introduced the Child Care for Working Families Act, which would make affordable, quality child care a reality for all families by limiting parents’ child care payments to 7 percent of their annual income, or about $45 a week for the average family. This legislation would also improve child care quality and increase pay for early educators. ¿Early Head Start and Head Start programs are administered by the Office of Head Start (OHS), within the Administration for Children and Families and Dept. of Health and Human Services. OHS administers grant funding and oversight to the 1,600 public and private nonprofit and for-profit agencies that provide Head Start services. Eligibility is based largely on the Federal Poverty Line for income; being in the central mount resort communities, very often family’s that need the assistance fail to qualify. Whiles are bound by capacity, each local program administrator has the ability to apply for extra spaces, if the capacity were to exist. ¿CARES Act included $3.5B in dedicated funding through Child Care and Development Block Grants (CCDBGs). Many child care advocacy groups have cited a need for at least $50 billion in child care funding to stabilize and adequately provide for the industry as a whole a COVID-19 pandemic wears on. This COULD be accomplished through an upcoming COVID-supplemental stimulus package if one could be passed by the US Congress. ¿Senators, Warren, Smith, Murray, Casey and Gillibrand have laid out a plan to fund the CCDBG, part of the Child Care is Essential Act ¿Use of TANF funding to assist ECE provider with salaries and to achieve higher quality ratings ¿Improve ECE data collection - Analyzing supply and demand data will help policymakers determine the policy solutions needed to address the child care supply gap. States should prioritize data collection that allows policymakers, advocates, and researchers to accurately assesses the number of children, by age group, that licensed child care providers serve. Accurate data on the local child care market can help advocates and provider networks design nuanced interventions to ensure they are meeting the needs of families. For example, a thorough data analysis can determine if a state has a need for increased supply serving infants and toddlers, child care subsidy-eligible children, children with disabilities, parents with nonstandard hours, children of immigrants, or English-language learners. ¿A key way to increase access to high-quality programs is to increase child care subsidy reimbursement rates based on the real costs of operating a program. Currently child care subsidy payments cover only a fraction of market rates—or the amount that child care programs charge parents paying out of pocket. The recent increase in CCDBG funding is helping many states increase payments to child care providers. Unfortunately, this rate still reflects the current realities of the child care market, where early educators are underpaid, and programs struggle to cover the costs of operation. ¿Conducting a cost-of-quality study can help states determine the actual costs to operate a high-quality early childhood program, including sufficient teacher compensation. States can then set reimbursement rates based on this study, including variations by quality, ensuring that programs are not disincentivized from UNITED STATES (continued) 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY 53 ALPINE AREA AGENCY ON AGING Notes: VALUE TO THE COMMUNITY Benefits: ¿Wide variety of options Costs: ¿High & variables Relevance to my Community: High Medium Low Notes: serving child care subsidy-eligible children and that programs serving primarily low-income children are able to generate sufficient revenue to operate at a high-quality level. Such studies should also consider additional costs associated with serving infants and toddlers, children with disabilities, and families who need child care during nonstandard hours. ¿The National Children’s Facilities Network estimates that the cost of upgrading child care facilities, including Head Start facilities, to current professional quality standards is $10 billion. This includes updating building space to address health and safety issues, repair structures, upgrade utilities, and ensure classrooms are developmentally appropriate for children. Federal funds for facilities upgrades should be distributed via the Community Development Financial Institutions Fund, designated by the U.S. Department of the Treasury. ¿Investing in child care infrastructure also means supporting licensing and monitoring systems, as well as taking steps to support the early childhood workforce. Importantly, infrastructure investments must be paired with long-term financing strategies to ensure that programs can afford to operate. Colorado’s General Assembly, state departments, and other statewide organizations have developed innovations that could improve access. Here’s a brief summary: ¿State of Colorado »Colorado is working on developing a universal preschool system that is available to all 4 year-old children. Funding comes from a voter-approved nicotine tax and will begin in fall 2023. »2021-2022 budget released by the Governor’s Office. They have proposed $5 million in grants for on-site employer child care projects and another $10 million to support start-up capital and mentorship for community child care projects. »Full Day Kindergarten While Kindergarten is currently not a requirement in Colorado, research shows that starting students on their academic path in Kindergarten (ages 5-6) promotes children’s enthusiasm, initiative, persistence, and engagement in learning and helps children enter schooling ready to succeed. »Child Find ensures every school district or Board of Cooperative Educational Services (BOCES) has professionals trained to evaluate young children’s development including cognitive functioning, motor skills, hearing and vision, speech and language and social emotional development for early intervention or special education services. »The Colorado Preschool Program (CPP) is a state-funded early childhood education program administered by the Colorado Department of Education. It provides funding for up to 29,360 children considered to be at-risk for later school failure to attend half- or full-day preschool. CPP is managed by local school districts and their preschool advisory councils. Each participating school district is given a predetermined number of half-day positions to serve eligible children. These are used in either half- or full-day programs in school district settings, local child care centers, community preschools or Head Start programs. UNITED STATES (continued) COLORADO 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY54 ALPINE AREA AGENCY ON AGING Notes: ¿Through rule waivers, which are evaluated by the Early Childhood Leadership Commission to ensure the health and safety of children, Councils are able to request changes to rules, policies or regulations that impede the Council from pursuing its strategies or that create barriers for local families and children. »Some of the earliest rule waivers requested by Councils focused on the Colorado Preschool Program (CPP): using slots to serve younger children or change how/when kids are counted. »Other early waivers sought to impact child care reimbursement rates and to raise the family income eligibility for child care assistance in expensive resort communities. »Early Childhood Council of Larimer County, Rocky Mountain Early Childhood Council and the Mesa County Partnership for Children and Families all received rule waivers to create a pilot program that allows qualified child care centers and preschools to hire Provisional Early Childhood Teacher candidates with a grace period of 12 months to complete their coursework and qualifications. For example, eight Provisional Early Childhood Teachers in Eagle, Lake, Garfield and Pitkin counties have resulted in an increased capacity of 120 high-quality early care and learning slots in those communities just since 2019. ¿Denver’s Council serves the largest number of children, families and early childhood providers and entities of the state’s 34 Early Childhood Councils. This puts the Denver Council in a unique position to conceptualize, pilot, refine and share solutions that support the work of all Early Childhood Councils across the state. »Per the Buell Foundation, Denver created a proprietary data information system, eConnect, to address the challenge and allow for tracking of activities, expenses and reporting, or a “one-stop online marketplace for early childhood. »The ecConnect system is owned and administered by Denver’s Early Childhood Council and licensed to the other 33 Early Childhood Councils for use to more effectively operationalize quality-improvement investments. The ecConnect system includes 2,000 individual users (representing about 900 unique licensed programs) on the front-end of the database platform, and over 80 users of the data-rich back-end functionality. ¿According to the Center for American Progress, expanding the child care subsidy system to cover all low- and middle-income families and providing universal preschool for all 3- and 4-year-olds are two critical steps Colorado can take to support working families. Increasing public investment in ECE in this way would lead to substantial benefits for children, families, and the broader state economy. »314,106 young children could be served by expanded child care subsidy system »The median family with two children would save $24,542 if child care costs were capped at 7 percent of family income »Estimated annual state economic benefit of affordable child care $3.1 B »Estimated annual state economic benefit of universal preschool $1.24 B ¿Over the longer term, communities may consider a development requirement for developers who propose more than (for example 100 or 500 units) to also add child care slots in/near the development. This could be framed as part of the development process for any PUD. COLORADO (continued) 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY 55 ALPINE AREA AGENCY ON AGING This project was focused on gathering a broad and deep array of perspectives and data to develop the recommendations. We referenced a variety of sources to develop an initial understanding of the environment. These are listed below with links to the original data. We convened a Steering Committee members, to sponsor (and help fund) this effort, engage our diverse community to provide feedback. ¿Lucinda Burns, Executive Director: Early Childhood Options ¿Katy Hale, Executive Director: Grand Beginnings ¿Jeanne McQueeney, Commissioner: Eagle County ¿Stacy Petty, Director: Rocky Mountain Early Childhood Council ¿Jon Stavney, Executive Director, NWCCOG ¿Greg Winkler, Regional Manager: Colorado Department of Local Affairs With the support of our Steering Committee, we invited 69 individuals from across the region (details below) to join one of four workshops in early November 2020. These were actively facilitated Zoom meetings, ensuring social distance during the pandemic, and that our process was enriched by current, relevant and practical data informed by local stakeholder insights, experiences and ideas. Children & Families: 13 representatives ¿Eagle County Child Care - Licensing Specialist ¿Eagle County Human Services - Supervisor ¿Early Childhood Options - Program Manager ¿Early Childhood Partners - Mental Health Specialist ¿Family Connect - Director ¿Full Circle - Executive Director ¿Grand County Library District - Director ¿Kids First - Director ¿Mountain Family Center – Executive Director ¿Rocky Mountain Early Childhood Council - Director ¿The Family & Intercultural Resource Center ¿Town of Breckenridge Child Care & Housing Admin - Manager ECE Educators/Providers: 18 representatives ¿Basalt Education Foundation ¿Blue Lake Preschool ¿Children Garden of Learning - Director ¿Eagle County school district – Director of Preschools ¿Early Childhood Network ¿Early Childhood Options – Executive Director ¿Early Childhood Partners – Mental Health Specialist ¿Grand Beginnings – Co-Executive Directors (2) ¿Little Sprouts Learning Center – Program Manager ¿Mountain Tots - Director ¿NJS Hobby Farm / Kinder Cottage ¿Prater Lane - Director ¿Summit County - Licensing Specialist ¿Summit County Preschool - Director ¿The Center Early Childhood Programs- Director ¿Vail Valley Foundation Employers/Business Leaders: 18 representatives ¿Alpine Bank ¿Basalt Chamber ¿Copper Mountain – Director of Employee Experience ¿Grand County Economic Development - Champion ¿Grand Enterprise Initiative ¿Lake County - Commissioners ¿Leadville Lake County Chamber - President ¿Northwest SBDC – Regional Director PROJECT PROCESSES 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY56 ALPINE AREA AGENCY ON AGING ¿Sonnenalp Hotel – Director of HR ¿Steamboat Chamber - CEO ¿Summit Chamber - President ¿The Grazing Fox - Founder ¿Vail Chamber – Executive Director ¿Vail Health ¿Vail Resorts – Director Community Engagement ¿Vail Valley Partnership Policy Makers/Elected Officials: 20 representatives ¿Basalt - Town Council member ¿Dillon – Mayor ¿Eagle County School District ¿Fraser River Valley Lion’s Club - Leader ¿Lake County - Commissioner ¿Lake County - Dept of Human Services Director ¿Pitkin County - Commissioner ¿Sen. Bennet - Regional Representative ¿Routt County - Commissioner ¿Snowmass - Council, NWCCOG Council Member ¿Steamboat - City Council ¿Summit County – Assistant County Manager ¿Summit County Schools - Superintendent ¿The Summit Foundation ¿Town of Breckenridge – Town Council member ¿Town of Silverthorne – Town Manager ¿Town of Vail – Assistant Town Manager, HR Risk Director ¿Vail Valley Foundation At the heart of each 4 workshops’ agendas, we facilitated two discussion breakouts using a virtual sticky board called NoteApp to prompt the team with the topics below and capture their thoughts and feedback. This required participants to join on their computer with internet access to fully participate and share ideas. We discussed challenges based key categories driving the root causes for stakeholders. These included: ¿Increasing barriers to access (cost, slots, distance, fit, quality etc.) ¿COVID-related unpredictability (closures, restrictions, staffing levels, etc.) ¿Contributing challenges (housing, transportation, employment, etc.) We focused most of our time discussing solutions in the five key areas outlined below and asked each participant to come prepared with specific examples, (organizations, agencies, programs, policies, grants, funding methods, innovative partnerships, etc.) that could help overcome the myriad challenges in the region. ¿Employer sponsored/supported programs: funding subsidies, and direct employment benefits ¿Government (city, school district, county, state, federal) sponsored/supported programs and subsidies ¿Early Childhood Councils, Family Resource Centers, CCR&Rs: matching providers to families, matching funding sources to families/providers ¿Community partners, non-profit organizations, foundation, advocacy orgs ¿Private sector providers: discounts, extended hours, transportation support, online resources 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY 57 ALPINE AREA AGENCY ON AGING DEMOGRAPHIC AND ECONOMIC INFORMATIONUS Census ¿2018 American Community Sur vey 5-Yr Bureau of Labor Statistics ¿Quarterly Census of Employment and Wages Northwest Colorado Council of Governments ¿Data Center Massachusetts Institute of Technology ¿Living Wage Calculator: Glasmeier, Amy K. Living Wage Calculator. 2020. Massachusetts Institute of Technology. livingwage.mit.edu Colorado State Demographer’s Office ¿https://demography.dola.colorado.gov ¿COVID Series (employment, sectors, mobility, etc.): http://dola-online.maps.arcgis.com/apps/MapSeries/index. html?appid=56f85bf2c38e4483ad7345fc651a6458 COLORADO EARLY CHILDHOOD INFORMATIONRegional Early Childhood Councils ¿Grand Beginnings (Grand and Jackson Counties) ¿Rocky Mountain Early Childhood Council (Eagle, Garfield, Lake, Pitkin, Counties) ¿Early Childhood Options (Summit County) Council Colorado Department of Human Services, Office of Early Childhood ¿Licensed child care facilities report https://data.colorado.gov/Early-childhood/Colorado-Licensed-Child-Care- Facilities-Report/a9rr-k8mu ¿Colorado Child Care Assistance Program: https://www.colorado.gov/pacific/cdhs/child-care-assistance Colorado Children’s Campaign ¿Kids Count Report ¿Policy Positions Center for American Progress (Colorado data) ¿Colorado Early Childhood Care Fact Sheet Center for the Developing Child, Harvard University ¿Center on the Developing Child (2007). The Science of Early Childhood Development (InBrief). Retrieved from  www.developingchild.harvard.edu Economic Policy Institute ¿Colorado Child Care Costs Child Care Aware ¿Colorado Cost of Care Fact Sheet Early Learning Nation ¿ECE Program Costs and Financial Viability RESOURCES & REFERENCES 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY58 ALPINE AREA AGENCY ON AGING COVID-19 IMPACTSEarly Milestones Colorado ¿Colorado COVID Research: https://earlymilestones.org/project/covid-ec-research/ National Association for Education of Young Children (NAEYC) ¿https://www.naeyc.org/pandemic-surveys ¿https://www.naeyc.org/sites/default/files/globally-shared/downloads/PDFs/resources/blog/raise_tuition_or_close. naeyc.pdf ¿Colorado Challenge Map June 2020 GovTech: COVID and Early Childhood Development ¿Early Childhood Development Post-COVID Univ of Oregon RAPID-EC pulse surveys and briefs: https://www.uorapidresponse.com/reports-policy-briefs Bipartisan Policy Center Nationwide Child Care Survey https://bipartisanpolicy.org/blog/nationwide-survey-child- care-in-the-time-of-coronavirus/ The Cut, The Children of Quarantine 2021 REGIONAL ASSESSMENT OF CHILD CARE INDUSTRY 59 ALPINE AREA AGENCY ON AGING ALPINE AREA AGENCY ON AGING NWCCOG .org • 970.468.0295 • P.O. Box 2308 • Silverthorne, CO 80498 For PDF copies of this report visit www.nwccog.org, to request hard copies contact office@nwccog.org. 970.748.4004 eric@avon.org TO: FROM: RE: DATE: Honorable Mayor Smith Hymes and Council members Eric Heil, Town Manager Resolution 22-19 Eagle Valley Transit Authority Ballot Question August 19, 2022 SUMMARY: Resolution 22-19 is presented for Council approval. Resolution 22-09 refers a ballot question on the formation of the Eagle Valley Transit Authority (“Transit Authority”) to the Avon electorate. The Ballot question combines both the formation of the Transit Authority along with a TABOR tax increase question to impose a ½ cent sales tax to support expanded transit service. The deadline to take official action to refer a ballot question is September 9, 2022. This is the last regularly scheduled Avon Council meeting to take action to refer this ballot question. BACKGROUND: The discussion and research of forming a regional transportation authority started in early 2020. Last fall, Eagle County, Vail, Minturn, Red Cliff, Avon, Eagle and Gypsum all signed a Memorandum of Understanding to formally research the formation of a regional transportation authority. The Memorandum of Understanding resulted in the establishment of a Formation Committee composed of elected officials, Technical Committee composed of staff representatives, and a Stakeholder Committee composed of other 3rd party organizations with an interest in regional transportation. Beaver Creek Metropolitan District joined the Memorandum of Understanding last spring. All parties to the Memorandum of Understanding have taken action to approve the draft Intergovernmental Agreement and conduct public hearings required by statute. All parties have also indicated that they either have, or intend, to take action to refer the ballot question. The Town of Avon has been a consistent supporter of regional transit, including the development of the Avon Regional Transit Facility, the Avon Station regional bus station area, and operation of the Avon- Beaver Creek Skier Shuttle. EAGLE VALLEY TRANSIT AUTHORITY: The Transit Authority would significantly improve transit for the Eagle Valley region and beyond. Over the next 5-20 years, the formation of the Transit Authority would be transformative for the Eagle County community in supporting the work force, improving the visitor experience, alleviating parking pressures, reinforcing a sustainable visitor economy, and improving resident opportunities to use the Eagle County Airport for air travel. The principle purposes are as follows: Continue the existing ECO Transit service and assume ECO Transit personnel, operations, assets and liabilities by the end of the Transition Period. Expand regional transit, including expanded schedules, frequency and express routes. Establish a fare free zone between Edwards and Vail. Provide a dedicated funding source for Eagle Air Alliance efforts to increase direct flights to Eagle County Airport. Achieve Climate Action goals through increased ridership and accelerated conversion to electric busses. Page 2 of 2 INTERGOVERNMENTAL AGREEMENT TERMS: The Intergovernmental Agreement (“IGA”) would establish a new governing body for regional transit that would include all the jurisdictions who vote to join. The IGA specifies that the required parties are Vail, Avon, Beaver Creek Metro and Eagle County. SALES TAX: The Transit Authority would be funded by the existing portion of the ½ cent Eagle County sales tax that supports ECO Transit and with the imposition of a new ½ cent sales tax for the EVTA. The revenue estimates for a new ½ cent sales tax have been revised to reflect positive increases to sales tax revenues throughout Eagle County. The current estimate is approximately $14 million. The Tax Payer’s Bill of Rights (“TABOR”) requires the first year amount to be stated and restricts the collection of the first year revenues to the stated number. It is common practice to state a revenue number that is higher than the estimated amount in order to retain what is actually collected and avoid the administration required to refund those amounts. The ballot question states taxes increased in the amount of $15,563,303 in the first year to include 10% over the estimated amount. TRANSITION PERIOD: The IGA contemplates a two year period to fully transition from ECO Transit to a new Transit Authority. Any increase in service will require the acquisition of additional busses and hiring of additional drivers, so service improvements are not likely to occur immediately after an election approving this Transit Authority. However, the intent is that improvements to transit services would be implemented as soon as practical after the election. FAIR CAMPAIGN PRACTICES ACT: The Fair Campaign Practices Act restricts the use of governmental resources once a ballot question is referred to an election. Permissible activities include (1) adopting a resolution to support the ballot measure, and (2) preparing a factual statement that includes a pro/con statement. Upon adoption of Resolution 22-09 Council members and Town staff should refrain from using any Town resources to advocate for or against the ballot measure. PROPOSED MOTION: “I move to approve Resolution 22-09 Referring a Ballot Question for the Formation of the Eagle Valley Transit Authority to an Election of the Town of Avon.” Thank you, Eric ATTACHMENT: Resolution 22-09 RESOLUTION 22-19 REFERRING A BALLOT QUESTION FOR THE FORMATION OF THE EAGLE VALLEY TRANSIT AUTHORITY TO AN ELECTION OF THE TOWN OF AVON WHEREAS, pursuant to Title 43, Article 4, Part 6 of the Colorado Revised Statutes, as amended (“Act”), Colorado counties and municipalities are authorized to establish, by contract, regional transportation authorities (“RTAs”) to finance, construct, operate and maintain regional transportation systems; and WHEREAS, pursuant to Title 29, Article 1, Part 2 of the Colorado Revised Statutes, as amended, and Article XIV, Section 18 of the Colorado Constitution, governments may contract with one another to provide any function, service or facility lawfully authorized to each of the contracting units and any such contract may provide for the joint exercise of the function, service or facility, including the establishment of a separate legal entity to do so; and WHEREAS, enhancing regional transportation services for Avon residents, businesses and visitors is a crucial step in meeting our community’s workforce, economic and climate goals; and WHEREAS, extensive input from local officials, businesses, employees, nonprofits and community members have made clear that the creation of an RTA is a desirable way to plan, finance, implement and operate a regional public transportation system that better meets the needs of Avon community; and WHEREAS, the Avon Town Council has completed at least two public hearings pursuant to section 603(3) of the Act, and, by resolution dated May 24, 2022, approved the Town of Avon’s entry into an Intergovernmental Agreement by and among Beaver Creek Metropolitan District, the Town of Avon, Eagle County, the Town of Eagle, the Town of Gypsum, the Town of Minturn, the Town of Red Cliff, and the Town of Vail, establishing the Eagle Valley Transportation Authority (“EVTA”) as a Colorado RTA (“Intergovernmental Agreement”) in substantially the form presented to the Avon Town Council; and WHEREAS, the RTA Formation Committee, of which Town of Avon is a member, provided copies of the Intergovernmental Agreement to neighboring jurisdictions for review and comment pursuant to section 603(1) of the Act, and received responses indicating no further action was required pursuant to section 603(1.5) of the Act; and WHEREAS, the RTA Formation Committee, provided a copy of the Intergovernmental Agreement to the Colorado Department of Transportation for review and comment pursuant to section 603(1) of the Act, and received a response from the Colorado Department requiring no further action pursuant to section 603(1.5) of the Act; and WHEREAS, the RTA Formation Committee subsequently made certain revisions to the Intergovernmental Agreement to reflect critical input received at public hearings and through additional stakeholder engagements; and WHEREAS, the Avon Town Council has reviewed such revisions to the proposed Res 22-19 Formation of Eagle Valley Transit Authority Page 2 of 4 Intergovernmental Agreement; and WHEREAS, the Avon Town Council supports such revisions and the collaborative approach memorialized in the Intergovernmental Agreement and concurs that the proposed EVTA is poised to improve transit service, increase ridership and efficiency across the valley’s existing transit agencies, provide affordable or free transit to Avon visitors and employee base, strengthen the connection between the valley’s different communities and advance Avon’s climate action goals by reducing car trips and increasing the use of electric public transportation; and WHEREAS, section 603(4) of the Act provides that no contract establishing an RTA shall take effect unless first submitted to a vote of the registered electors residing within the boundaries of the proposed authority; and WHEREAS, the Avon Town Council has agreed to seek voter approval of the establishment of the EVTA; the baseline funding of the EVTA in accordance with Article 7 and the exemption of certain Authority revenues from the revenue limitations of Article X, Section 20 of the Colorado Constitution (“TABOR”) at an election to be held on November 8, 2022, that is conducted in accordance with the Act and other applicable law; and NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF TOWN OF AVON, STATE OF COLORADO: THAT, the Avon Town Council hereby approves the Intergovernmental Agreement for signature in the form attached as Exhibit B to this resolution. THAT, the Avon Town Council hereby refers the ballot measure on the formation of the EVTA at the election to be held on November 8, 2022, through the Clerk of Eagle County to the appropriate registered electors residing within the boundaries of the proposed authority. THAT, the Avon Town Council has concluded its separate review and consideration of ballot language and hereby approves the ballot language in the form presented as Exhibit A to this resolution, in its entity: MOVED, READ AND ADOPTED by the Town Council of the Town of Avon, at its regular meeting held on August 23, 2022. AVON TOWN COUNCIL By:_____________________________ Attest:________________________________ Sarah Smith Hymes, Mayor Patty McKenny, Town Clerk EXHIBIT A (Ballot Language) BALLOT ISSUE [2A] – [TOWN OF AVON] FORMATION OF EAGLE VALLEY TRANSPORTATION AUTHORITY SHALL EAGLE VALLEY TRANSPORTATION AUTHORITY (“EVTA”) TAXES BE INCREASED $15,563,303 IN 2023 (FIRST FULL FISCAL YEAR) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF AN ADDITIONAL 0.50% SALES TAX (ONE CENT ON EACH TWO DOLLARS OF TAXABLE SALES) ON EVERY TRANSACTION OR INCIDENT WITH RESPECT TO WHICH A SALES TAX IS LEVIED BY THE STATE OF COLORADO; PROVIDED THAT SUCH TAX INCREASE SHALL COMMENCE ON JANUARY 1, 2023; AND SHALL THE EVTA BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (THE “EVTA IGA”) AS MAY BE AMENDED FROM TIME TO TIME BETWEEN EAGLE COUNTY, THE TOWNS OF AVON, EAGLE, GYPSUM, MINTURN, RED CLIFF, AND VAIL, AND BEAVER CREEK METROPOLITAN DISTRICT, FOR THE PURPOSES OF PROVIDING ENHANCED REGIONAL TRANSPORTATION SERVICES IN ACCORDANCE WITH THE EVTA IGA, INCLUDING, BUT NOT LIMITED TO: EXPANDING TRANSIT SERVICE, EXPRESS ROUTES, AND TRANSPORTATION OPTIONS ACROSS THE EAGLE VALLEY; ENHANCING CONNECTIONS BETWEEN GYPSUM AND EAGLE AND OTHER COMMUNITIES; ENHANCING AIR SERVICE AND IMPROVING ACCESS AT EAGLE COUNTY AIRPORT; PROVIDING A FARE-FREE TRANSIT ZONE FROM EDWARDS TO VAIL, INCLUDING AVON, BEAVER CREEK, MINTURN, AND EAGLE-VAIL; REDUCING ENVIRONMENTAL IMPACTS FROM TRANSPORTATION; AND SHALL ALL AMOUNTS RECEIVED BY EVTA FROM SUCH TAX INCREASES, CONTRIBUTIONS, AND OTHERWISE PURSUANT TO THE EVTA IGA AND EARNINGS THEREON BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION?  Res 22-09 Formation of Eagle Valley Transit Authority Page 4 of 4 EXHIBIT B (Eagle Valley Transportation Authority Intergovernmental Agreement) Approval Draft of August 14, 2022 EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT by and among BEAVER CREEK METROPOLITAN DISTRICT TOWN OF AVON, COLORADO EAGLE COUNTY, COLORADO TOWN OF EAGLE, COLORADO TOWN OF GYPSUM, COLORADO TOWN OF MINTURN, COLORADO TOWN OF RED CLIFF, COLORADO and TOWN OF VAIL, COLORADO Dated as of [ , 2022] Providing for the establishment of the “Eagle Valley Transportation Authority” as a Colorado Regional Transportation Authority pursuant to the Regional Transportation Law, Title 43, Article 4, Part 6, Colorado Revised Statutes, as amended. Approval Draft of August 14, 2022 i TABLE OF CONTENTS Page ARTICLE 1 DEFINITIONS ............................................................................................................2 ARTICLE 2 ESTABLISHMENT OF THE AUTHORITY AND INITIAL MEMBERS ...............4 ARTICLE 3 BOARD OF DIRECTORS .........................................................................................7 ARTICLE 4 ADVISORY COMMITTEES ...................................................................................10 ARTICLE 5 OFFICERS ................................................................................................................10 ARTICLE 6 POWERS OF THE AUTHORITY ...........................................................................12 ARTICLE 7 FUNDING THE AUTHORITY................................................................................15 ARTICLE 8 REORGANIZATION ..............................................................................................16 ARTICLE 9 MEMBERS ...............................................................................................................18 ARTICLE 10 TERM AND DISTRIBUTION OF ASSETS UPON TERMINATION .................19 ARTICLE 11 DEFENSE OF DIRECTORS, OFFICERS, MEMBERS OF ADVISORY COMMITTEES AND EMPLOYEES .....................................................................................20 ARTICLE 12 AMENDMENTS ....................................................................................................20 ARTICLE 13 MISCELLANEOUS ...............................................................................................21 Approval Draft of August 14, 2022 1 EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT THIS EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (this “Agreement”) is entered into as of [ , 2022] by and among the BEAVER CREEK METROPOLITAN DISTRICT, the TOWN OF AVON, COLORADO; EAGLE COUNTY, COLORADO; the TOWN OF EAGLE, COLORADO; the TOWN OF GYPSUM, COLORADO; the TOWN OF MINTURN, COLORADO; the TOWN OF RED CLIFF, COLORADO; and the TOWN OF VAIL, COLORADO (together the “Initial Signatories”). RECITALS WHEREAS, pursuant to Title 43, Article 4, Part 6 of the Colorado Revised Statutes, as amended (the “Act”), Colorado counties, municipalities, and special districts with street improvement, safety protection, or transportation powers, are authorized to establish, by contract, regional transportation authorities, which, upon the satisfaction of the conditions set forth herein, are authorized to finance, construct, operate and maintain regional transportation systems; WHEREAS, pursuant to Title 29, Article 1, Part 2 of the Colorado Revised Statutes, as amended (the “Intergovernmental Relations Statute”), and Article XIV, Section 18 of the Colorado Constitution, governments may contract with one another to provide any function, service or facility lawfully authorized to each of the contracting units and any such contract may provide for the joint exercise of the function, service or facility, including the establishment of a separate legal entity to do so; WHEREAS, the Initial Signatories are a Colorado county, a Colorado special district, and certain Colorado municipalities located within the boundaries of Eagle County that desire to form a regional transportation authority to serve the greater Eagle River Valley community pursuant to the Act and the Intergovernmental Relations Statute for the purpose of financing, constructing, operating, and maintaining regional transportation systems; WHEREAS, enhancing regional transportation services for Eagle County residents, businesses and visitors is a crucial step in meeting the communities’ workforce, economic and climate goals, and regional transportation services support Eagle County socially and economically, helping employees get to work safely and visitors to enjoy their Eagle County experience; WHEREAS, the signatories of this Agreement wish to work toward collaborative solutions that will increase transportation and transit options throughout the greater Eagle River Valley, as well as increase air connections to the Eagle River Valley; Approval Draft of August 14, 2022 2 WHEREAS, extensive input from local businesses, employees, nonprofits and community members have made clear that the creation of a Regional Transportation Authority (“RTA”) is a desirable way to plan, finance, implement and operate a more comprehensive regional transportation system that better meets the needs of communities; WHEREAS, an RTA serving the greater Eagle River Valley is poised to improve transit service, increase ridership and efficiency across the valley’s existing transit agencies, provide affordable or free transit to the valley’s visitors and employee base, strengthen the connection between the valley’s different communities, and advance local climate action goals by reducing car trips and increasing the use of low or zero emission public transportation; and WHEREAS, transit services promote independent living for the elderly and the disabled by providing essential links to medical, social and other services, and the region recognizes the need to improve mobility options for all segments of the population. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants set forth below, the Initial Signatories hereby agree as follows: DEFINITIONS Definitions from the Act. The following terms shall, when capitalized, have the meanings assigned to them in Section 602 of the Act: “Bond,” “Construct,” “Construction,” “County,” “Municipality,” “Person,” “Regional Transportation Activity Enterprise,” “Regional Transportation System,” and “State”. Other Definitions. The following terms shall, when capitalized, have the following meanings: “Act” is defined in the Recitals. “Advisory Committee” means two or more persons appointed by the Board pursuant to Article 4 of this Agreement for the purpose of providing advice to the Board. “Agreement” means this Eagle Valley Transportation Authority Intergovernmental Agreement, as amended from time to time in accordance with the terms contained therein. “Alternate Director” means any person appointed as an Alternate Director pursuant to Section 3.03 of this Agreement. “Authority” means the Eagle Valley Transportation Authority, a separate political subdivision of and body corporate of the State established pursuant to this Agreement as a regional Approval Draft of August 14, 2022 3 transportation authority under the Act and as a separate legal entity under the Intergovernmental Relations Statute. “Authority Sales Tax” means a sales tax levied by the Authority in all or any designated portion of the Members in accordance with Section 605(1)(j)(1) of the Act. “Authorized Transportation Projects” refers to the Regional Transportation Systems projects described in Appendix C of this Agreement, as such projects may be amended from time to time in accordance with Article 6 of this Agreement. “Ballot Question” refers to any of the questions listed in Section 2.04(a)(i)-(viii) of this Agreement, and shall mean a “Ballot Issue,” as defined in Title 1, Article 1, Part 104(2.3), Colorado Revised Statutes, as amended. The Ballot Question for each of the Initial Signatories are collectively referred to as the “Ballot Questions.” “Board” means the Board of Directors of the Authority. “Boundaries” means the boundaries of the Authority illustrated in Appendix A-1 and described in Appendix A-2 of this Agreement, as such Appendices may be amended from time- to-time in accordance with Article 12 of this Agreement. “Director” means any person appointed as a Director pursuant to Section 3.02 of this Agreement Whenever the person appointed as a Member’s Director is absent from a Board meeting, the term “Director” shall mean the Alternate Director, if any, appointed by such Member pursuant to Section 3.03 of this Agreement. “Division of Local Government” means the Division of Local Government in the State Department of Local Affairs. “ECRTA” means the Eagle County Regional Transit Authority (Fund 1151) which operates Eagle County’s current ECO Transit public transportation service, and which is also referred to in this Agreement as “ECO Transit.” “Governing Body” means, when used with respect to a Member, the town council, board of trustees, board of commissioners, board of directors, or other legislative body, as appropriate, of such Member. “Initial Boundaries” means the Boundaries of the Authority on the date the Authority is originally established pursuant to Article 10.01 of this Agreement, as such Initial Boundaries are illustrated in Appendix A-1 and described in Appendix A-2 of this Agreement. “Initial Members” means the Initial Signatories who become Members on the date on which the Authority is originally established pursuant to Section 2.05 of this Agreement. “Initial Signatories” means the county, special district, and municipalities that are signatories to this Agreement in its original form. Approval Draft of August 14, 2022 4 “Intergovernmental Relations Statute” is defined in the Recitals. “Member” means (a) the Initial Members and (b) the State or any Municipality or County or special district that becomes a member of the Authority pursuant to Section 9.03 of this Agreement. “MOU” means the Memorandum of Understanding Establishing a Regional Transit Authority Formation Committee entered into by and among the Initial Signatories for the purpose of researching and proposing the structure of an RTA to serve the greater Eagle River Valley community. “Officer” means the Chair, Vice Chair, Secretary, Treasurer or Executive Director of the Authority, and any subordinate officer or agent appointed and designated as an officer of the Authority by the Board. “Regional Transportation Systems” shall have the meaning given to it in Section 602(16) of the Act. ESTABLISHMENT OF THE AUTHORITY AND INITIAL MEMBERS Establishment. A regional transportation authority to be known as the “Eagle Valley Transportation Authority” shall be established as a separate political subdivision and body corporate of the State pursuant to the Act and as a separate legal entity created by this Agreement among the Initial Members pursuant to the Intergovernmental Relations Statute, effective upon satisfaction of the following conditions: (a) each Initial Member (i) has held at least two public hearings on the subject of this Agreement in accordance with Section 603(3) of the Act; and (ii) has executed this Agreement, which execution shall constitute a representation by such Initial Member to the other Initial Members that the executing Initial Member has held the public hearings required by Section 603(3) of the Act and that the Governing Body of such Initial Member has duly authorized its execution, delivery and performance of this Agreement; (b) this Agreement will be submitted for approval, and has been approved by, a majority of the registered electors residing within the boundaries of the Initial Members at the time of the election, who voted in a general election or special election called for such purpose in accordance with Section 603(4) of the Act, which, for purposes of the November 8, 2022, election, shall be determined based on the votes cast on the Ballot Questions approved by the registered electors voting on the Ballot Questions that approve the participation in the Authority; and (c) the Director of the Division of Local Government has issued a certificate pursuant to Section 603(1) of the Act stating that the Authority has been duly organized according to the laws of the State. Approval Draft of August 14, 2022 5 Purpose. The purpose of the Authority is to plan, finance, implement and operate an efficient, sustainable and regional public multimodal transportation system at any location or locations within or without the Boundaries of the Authority, and exercise any or all other powers authorized by, and subject to compliance with, the Act. Boundaries. Subject to Section 2.05 and amendment to reflect to outcome of the Ballot Questions, the Initial Boundaries of the Authority shall be as illustrated in Appendix A-1 and described in Appendix A-2 of this Agreement. For any territory included or annexed in the boundaries of a Member, the Boundaries shall automatically be amended to include such territory that has been included or annexed into the boundaries of the Member (for taxation purposes, as if such territory was included in the Boundaries of the Authority because the territory is included in the boundaries of such Member). Voter Approval. (a) The Initial Signatories agree to submit Ballot Questions seeking voter approval of the establishment of the Authority; the baseline funding of the Authority in accordance with Article 7 and the exemption of certain Authority revenues from the revenue limitations of Article X, Section 20 of the Colorado Constitution (“TABOR”) at an election held on November 8, 2022, that is conducted in accordance with the Act and other applicable law. Eight separate questions, which are hereafter referred to by the names indicated below and drafts of which are attached of this Agreement as Appendixes B-1 through B-8, shall be submitted to the registered electors residing within the following described areas within the boundaries of the Initial Signatories: (i) the “Avon Question,” a draft of which is attached hereto as Appendix B-1, shall be submitted to the electors of the Town of Avon; (ii) the “Beaver Creek Question,” a draft of which is attached hereto as Appendix B-2, shall be submitted to the electors of the Beaver Creek Metropolitan District; (iii) the “Eagle Question,” a draft of which is attached hereto as Appendix B-3, shall be submitted to the electors of the Town of Eagle; (iv) the “Gypsum Question,” a draft of which is attached hereto as Appendix B- 4, shall be submitted to the electors of the Town of Gypsum; (v) the “Minturn Question,” a draft of which is attached hereto as Appendix B- 5, shall be submitted to the electors of the Town of Minturn; (vi) the “Red Cliff Question,” a draft of which is attached hereto as Appendix B-6, shall be submitted to the electors of the Town of Red Cliff; (vii) the “Vail Question,” a draft of which is attached hereto as Appendix B-7, shall be submitted to the electors of the Town of Vail; and Approval Draft of August 14, 2022 6 (viii) the “Unincorporated Eagle County Question,” a draft of which is attached hereto as Appendix B-8, shall be submitted to the electors of the unincorporated area of Eagle County within the boundaries described in Appendix A-2, exclusive of electors residing in the municipalities and special district that are Initial Signatories of this Agreement. (b) With the intent to put forth these measures as a coordinated election under the Clerk of Eagle County, the Governing Body of the Initial Signatory named in the title of each Ballot Question shall take all actions necessary to submit such Ballot Question to the appropriate registered electors at the Election. Each Ballot Question submitted to the registered election shall be consistent with the terms of this Agreement and the corresponding draft Ballot Question attached in Appendices B-1 through B-8. The designated election official for a coordinated election shall be the Eagle County Clerk and Recorder. (c) The costs of conducting the November 8, 2022, election shall be as payable by each Initial Signatory in the following proportions: (i)10.76% by the Town of Avon; (ii)0.87% by the Beaver Creek Metropolitan District; (iii)16.12% by the Town of Eagle; (iv)15.56% by the Town of Gypsum; (v)2.66% by the Town of Minturn; (vi)0.84% by the Town of Red Cliff; (vii)13.66% by the Town of Vail; and (viii)and 39.53% by Eagle County. Initial Members. (a) Subject to Section 2.05(b) of this Agreement, the Initial Signatories whose participation in the Authority is authorized by a majority of the registered electors voting on the Ballot Questions indicated below shall be the Initial Members of the Authority on the date the Authority is originally established pursuant to this Agreement: (i) the Town of Avon will be an Initial Member if the Town of Avon electors approve the Avon Question; (ii) the Beaver Creek Metropolitan District will be an Initial Member if the Beaver Creek Metropolitan District electors approve the Beaver Creek Question; Approval Draft of August 14, 2022 7 (iii) the Town of Eagle will be an Initial Member if the Town of Eagle electors approve the Eagle Question; (iv) the Town of Gypsum will be an Initial Member if the Town of Gypsum electors approve the Gypsum Question; (v) the Town of Minturn will be an Initial Member if the Town of Minturn electors approve the Minturn Question; (vi) the Town of Red Cliff will be an Initial Member if the Town of Red Cliff electors approve the Red Cliff Question; (vii) the Town of Vail will be an Initial Member if the Town of Vail electors approve the Vail Question; and (viii) Eagle County will be an Initial Member if the electors within the unincorporated area of Eagle County described in Section 2.04(a)(viii) approve the Unincorporated Eagle County Question. (b) The Initial Signatories agree that in order for the Regional Transportation Systems to be efficiently and effectively provided within the Authority’s service area, participation of each of the Town of Avon, the Beaver Creek Metropolitan District, Eagle County, and the Town of Vail, is essential. This Agreement will terminate automatically and be of no further force and effect if the registered electors voting on each of the Avon Question, the Beaver Creek Question, the Vail Question, and the Unincorporated Eagle County Question do not each approve their respective ballot questions at the November 8, 2022, election. BOARD OF DIRECTORS Establishment and Powers. The Authority shall be governed by a Board of Directors as described in this Article 3. The Board shall exercise and perform all powers, privileges and duties vested in or imposed on the Authority. Subject to the provisions of this Agreement, the Board may delegate or prescribe the performance of any of its powers to any Director, Officer, employee or agent of the Authority with sufficient direction to comply with the non-delegation doctrine. Directors. The Board shall be composed of one Director appointed by each Member. Alternate Directors. In addition to the Director appointed by it, each Member shall appoint an Alternate Director who shall be deemed to be such Member’s Director for all purposes, including, but not limited to, voting on resolutions whenever the person appointed as such Member’s Director is absent from a Board meeting or in the event such Director has resigned or been removed and no replacement Director has been appointed. Approval Draft of August 14, 2022 8 Appointment of Directors and Alternate Directors. As required by Section 603(2)(b)(1) of the Act, the Director and the Alternate Director appointed by a Member shall both be members of the Governing Body of such Member, and shall be appointed as a Director or Alternate Director by the Governing Body of such Member. Terms of Office. The term of office of each Director and Alternate Director shall commence with the first meeting of the Board following his or her appointment and shall continue until (a) the date on which a successor is duly appointed or (b) the date on which he or she ceases to be a member of the Governing Body of the appointing Member. Resignation and Removal. Any Director or Alternate Director (a) may resign at any time, effective upon receipt by the Secretary or the Chair of written notice signed by the person who is resigning; and (b) may be removed at any time by the Governing Body of the Member that appointed him or her, effective upon receipt by the Secretary or the Chair of written notice signed by the Governing Body of the appointing Member. Vacancies. Vacancies in the office of any Director or Alternate Director shall be filled in the same manner in which the vacant office was originally filled pursuant to Sections 3.02 through 3.04 of this Agreement. Compensation. Directors and Alternate Directors shall serve without compensation, but may be reimbursed for expenses incurred in serving in such capacities upon such terms and pursuant to such procedures as may be established by the Board. Meetings, Notice. The Board shall annually establish times for regular meetings of the Board, which shall meet no less than quarterly. The Board may additionally call special meetings as it deems necessary or desirable. Meetings will be held at the location as may from time to time be designated by the Board. Public notice of meetings shall be posted in the locations established by the Board, in accordance with the Colorado Open Meetings Law, Section 24-6-401 et seq., Colorado Revised Statutes, as amended. Except in the case of special or emergency meetings where such advance notice is not practicable, the Authority shall provide at least 48 hours’ advance notice of meetings to each Director and Alternate Director and to the Governing Body of each Member. Resolutions, Quorum. All actions of the Board shall be by resolution, which may be written or oral, approved at a meeting that is open to the public according to the voting requirements set forth in Section 3.11. At least a quorum shall be necessary to take any Board action and at least two-thirds of all Directors then in office who are eligible to vote thereon will be required for action pursuant to Section 3.11(a). A quorum shall mean a number of Directors greater than half the total number of Directors then in office (which, if all Initial Signatories become Initial Members, will be six of the eight initial Directors). The Board may establish bylaws setting forth specific requirements for electronic participation by a Director in a meeting, including requirements for a Director participating electronically to be considered “present” for purposes of establishing a quorum and voting on agenda items. Approval Draft of August 14, 2022 9 Voting Requirements. (a) Except as otherwise provided in subsection (b) of this Section and Article 12 of this Agreement, resolutions of the Board shall be adopted upon the affirmative vote of at least two- thirds of the Directors then in office who are eligible to vote thereon (which, if all Initial Signatories become Initial Members and no Director is ineligible to vote, will be six of the eight initial Directors). (b) Provided a quorum is present, the following actions shall be approved upon the affirmative vote of a majority of the Directors of the Board then present who are eligible to vote thereon: (i) administrative approvals such as setting meeting locations and times and ministerial actions required for the Authority’s compliance with applicable law; (ii) approvals authorized by bylaws or rules previously approved by the Board; (iii) approval of contracts for expenditures included in an annual budget previously approved by the Board; (iv) approval of contracts for transportation services included in an annual budget previously approved by the Board; (v)approval of contracts for the assumptions of existing facilities and transportation infrastructure, or the development of new facilities and transportation infrastructure, included in an annual budget previously approved by the Board; and (vi)other actions that are reasonably incidental to prior Board approvals made under subsection (a) of this Section. Special Rules Regarding Adoption of the Authority’s Annual Budget. Notwithstanding Section 3.10 of this Agreement, if the Board fails to approve the Authority’s annual budget by resolution adopted in accordance with Section 3.10 of this Agreement by the end of the immediately preceding fiscal year of the Authority or any earlier date required by State law, until an annual budget is so adopted, the Authority’s budget for such year shall be the prior year’s budget, with no new capital expenditures or adjustments to services to be provided until such time that a new annual budget is approved by the Board. The procedures set forth in this Section may be modified by bylaws or rules adopted in accordance with Section 3.15 of this Agreement. Director Conflicts of Interest. Notwithstanding any other provision of this Agreement, a Director shall disqualify himself or herself from voting on any issue with respect to which he or she has a conflict of interest, unless he or she has disclosed such conflict of interest in compliance with Sections 18-8-308 and 24-18-101 et seq., Colorado Revised Statutes, as amended. Powers of the Board. The Board shall, subject to the limitations set forth of this Agreement, have (a) all powers that may be exercised by the board of directors of a regional Approval Draft of August 14, 2022 10 transportation authority pursuant to the Act, including, but not limited to, the powers conferred by Sections 604(1) and (3) of the Act, and (b) all powers that may be exercised by the governing board of a separate legal entity that has been lawfully created by a contract among the Members pursuant to the Intergovernmental Relations Statute. Bylaws and Rules. The Board, acting by resolution adopted as provided for in Section 3.10 or Section 3.11 of this Agreement, may adopt bylaws or rules governing the activities of the Authority and the Board, including, but not limited to, bylaws or rules governing the conduct of Board meetings, voting procedures, the type of resolutions that must be in writing and procedures for the resolution of issues on which a two-thirds majority cannot be obtained in accordance with Section 3.11(a) of this Agreement. Additional Directors. If at any time there are four or fewer Members, then, notwithstanding any other provision of this Agreement, in order to comply with the provisions of Section 603(2)(b)(1) of the Act requiring at least five Directors, the Directors representing the remaining Members shall, by unanimous consent, appoint such additional Directors and Alternate Directors as are necessary for there to be five Directors, and may likewise remove such Directors and Alternative Directors by consensus of the Directors appointed directly by the Members. If such remaining Directors are unable to reach unanimous consent, each Member shall appoint a second Director, until the total number of Members exceeds five at which time each Member shall revert to appointing a sole Director. References. All references of this Agreement to the Director and Alternate Director of a Member shall be deemed to refer to the initial and the additional Director and Alternate Director, as appropriate, appointed by such Member. ADVISORY COMMITTEES The Board may appoint, maintain, and/or disband one or more Advisory Committees at any time in order to advise the Board with respect to policy and service matters. Advisory Committees shall not be authorized to exercise any power of the Board. OFFICERS Generally. The Board shall appoint a Chair, a Vice Chair, a Secretary, a Treasurer and an Executive Director. The Board also may appoint one or more subordinate officers and agents, each of whom shall hold his or her office or agency for such term and shall have such authority, powers and duties as shall be determined from time to time by the Board. The Chair and the Vice Chair shall be Directors. Other Officers may, but need not, be Directors. Any two or more of such offices may be held by the same person, except that the offices of Chair and Secretary may not be held by the same person and the person serving as Executive Director may not hold any other of such offices. All Officers of the Authority shall be persons of the age of 18 years or older Approval Draft of August 14, 2022 11 and shall meet the other qualifications, if any, stated for his or her office elsewhere in this Article 5. Chair. The Chair shall have the power to call meetings of the Board; the power to execute, deliver, acknowledge, file and record on behalf of the Authority such documents as may be required by this Agreement, the Act or other applicable law; and such other powers as may be prescribed from time to time by the Board. The Chair may execute and deliver contracts, deeds and other instruments and agreements on behalf of the Authority as are necessary or appropriate in the ordinary course of its activities or as are duly authorized or approved by the Board. The Chair shall have such additional authority, powers and duties as are appropriate and customary for the office of the chair of the board of directors of entities such as the Authority, and as the Board may otherwise prescribe. Vice Chair. The Vice Chair shall be the Officer next in seniority after the Chair and, upon the death, absence or disability of the Chair, shall have the authority, powers and duties of the Chair. The Vice Chair shall have such additional authority, powers and duties as are prescribed by the Board. Secretary. The Secretary shall give, or cause to be given, notice of all meetings (including special meetings) of the Board, keep written minutes of such meetings, have charge of the Authority’s seal (if any), be responsible for the maintenance of all records and files and the preparation and filing of reports to governmental agencies (other than tax returns), have authority to impress or affix the Authority’s seal to any instrument requiring it (and, when so impressed or affixed, it may be attested by his or her signature), and have such other authority, powers and duties as arc appropriate and customary for the office of Secretary of entities such as the Authority, and as the Board may otherwise prescribe. If a Treasurer has not been appointed, the Secretary shall also serve as Treasurer and may use the title of Treasurer in performing the functions of Treasurer. Treasurer. The Treasurer shall, subject to rules and procedures established by the Board, be responsible for the custody of the funds and all stocks, bonds and other securities owned by the Authority and shall be responsible for ensuring the timely preparation and filing of all tax returns, if any, required to be filed by the Authority. The Treasurer shall receive all moneys paid to the Authority and, subject to any limits imposed by the Board or the Chair, shall have authority to give or authorize receipts and vouchers, to sign and endorse checks and warrants in the Authority’s name and on the Authority’s behalf, and to give full discharge for the same. The Treasurer shall also have charge of disbursement of the funds of the Authority, shall ensure that full and accurate records of the receipts and disbursements are maintained, and shall ensure that all moneys and other valuables are deposited in such depositories as shall be designated by the Board. The Treasurer shall ensure deposit and investment of all funds of the Authority in accordance with this Agreement and laws of the State applying to the deposit and investment of funds of regional transportation authorities formed under the Act. The Treasurer shall have such additional authority, powers and duties as are appropriate and customary for the office of Treasurer of entities such as the Authority, and as the Board may otherwise prescribe. If a Treasurer has not been appointed, the Secretary shall also serve as Treasurer and may use the title of Treasurer in performing the functions of Treasurer. Approval Draft of August 14, 2022 12 Executive Director. The Executive Director shall be the chief executive officer of the Authority, shall supervise the activities of the Authority, shall see that all policies, directions and orders of the Board are carried out and shall, under the supervision of the Board, have such other authority, powers or duties as may be prescribed by the Board. Resignation and Removal. Any Officer may resign at any time effective upon receipt by the Secretary or the Chair of written notice signed by the person who is resigning, and may be removed at any time by the Board. Changes to Authority, Powers and Duties. Notwithstanding any other provision of this Article 5, the Board at any time may expand, limit or modify the authority, powers and duties of any Officer or employee. Vacancies. Vacancies in the office of any Officer or employee shall be filled in the same manner in which such office was originally filled. Compensation. The Authority shall determine and may compensate Officers and employees who are not Directors or Alternate Directors for services performed, and may reimburse them for expenses incurred, in serving in such capacities upon such terms and pursuant to such procedures as may be established by the Board. POWERS OF THE AUTHORITY General Grant of Powers. The Authority shall, subject to the limitations set forth in this Agreement, have (i) all of the powers granted to regional transportation authorities by the Act and (ii) all powers that may be exercised by a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute. Specific Responsibilities. In addition to the general powers described in Section 6.01 of this Agreement, the Authority shall have the responsibilities described in this Section and shall have all powers necessary or convenient to carry out such responsibilities, subject to the availability of funds and, to the extent required by law, annual appropriation of funds by the Board. The description of specific responsibilities and powers in this Section shall not, however, limit the general powers of the Authority described in Section 6.01 of this Agreement. (a) Regional Transportation Systems. The Authority shall coordinate and may operate and fund Regional Transportation Systems and provide such related services as are necessary in order to effect the Authorized Transportation Projects described in Appendix C, as may be amended from time to time in accordance with Article 12 of this Agreement. (b) Regional Transportation Planning. The Authority shall engage in annual regional transportation planning to direct the implementation of Regional Transportation Systems, pursue local, state, or federal funding, and coordinate overall transportation policy within the area in which it provides transit services. Regional transportation planning shall, as determined by the Approval Draft of August 14, 2022 13 Board, include short range service and infrastructure planning as well as long range planning, corridor investment studies and related impact analyses. (c) Regional Transportation Demand Management. The Authority shall develop plans, programs, and materials to support individuals and employers in their efforts to reduce single- occupancy vehicle trips and mitigate climate impacts in Eagle County, in coordination with local jurisdictions, CDOT, NWCCOG, the I-70 Coalition and other relevant organizations. (d) Enhance Local, State, and Federal Coordination. (i) The Authority shall represent the Eagle Valley region with regard to state and federal legislation affecting available funding to support regional transit operations and with regard to legislation affecting operations. (ii) The Authority shall coordinate with the Colorado Department of Transportation (“CDOT”) and federal governing agencies to enhance regional transit, including but not limited to, improvements to connections to the Authority area via Bustang and other statewide bus programs and increased air service to the Eagle County Regional airport. (e) First-Last Mile Solutions. The Authority may study, design, financially support and implement, with partnerships as appropriate, first and last mile improvements to enhance transit ridership, including but not limited to park and rides, pedestrian crossings, and regional innovative mobility programs such as regional e-bike sharing, on-demand microtransit, and community vanpools. (f) Contract Transit Services. (i) The Authority may enter into contracts with any Member or other person or entity for the provision of transit services in the manner and subject to the terms of such contracts. (ii) The Authority will initially enter into contracts with Eagle County for the continuation of ECO Transit service during the ECRTA Transition Period (as set out more specifically in Article 8 below) and shall reasonably cooperate with Eagle County to provide for the continuation of employment for personnel currently employed by Eagle County in the provision of transit services within the Boundaries of the Authority during the ECRTA Transition Period, and on eventual transition to employment by the Authority, as further described in the Transition Plan (defined in Section 8.03). (g) Local Service. The Authority may fund services that operate solely within the boundaries of a single Member (as distinguished from regional services) but, except as otherwise specifically provided in this Agreement, only pursuant to an agreement to which such Member pays the Authority for the services provided on the same fully allocated cost basis used to determine costs of Authority services throughout the Authority’s service area. Approval Draft of August 14, 2022 14 (h) Transportation Related Infrastructure. The Authority may assume the maintenance of existing facilities and may develop new facilities, including but not limited to park-and-rides, transit stops, vehicle maintenance garages, other transit and rail infrastructure, trails, or other necessary infrastructure related to operations under the purview of the Authority. (i) Planning, Construction, and Maintenance of Regional Trails and Pedestrian Infrastructure. (i) The Authority shall provide planning and funding support for regional public trail maintenance, improvement, and construction, in cooperation with Members, advisory groups and other agencies, including but not limited to USFS, BLM and CDOT. The Authority will place emphasis on multi-modal transportation-oriented trails that provide improved accessibility and connections between transit nodes, population centers, and communities. (ii) The Authority may plan for transitioning the operations, maintenance, capital improvements, and funding required for Eagle County’s ECO Trails partnership, including the Eagle Valley Trail, after completion of all currently planned sections and no sooner than December 31, 2024. (j) Contract Air Services. The Authority may enter into contracts with commercial air service carriers for the provision of air services in the manner and subject to the terms of such contracts. (k) Roadway Improvements. In recognition of the proposed EGE Airport Interchange’s benefit to countywide transportation and its location as a potential future statewide multimodal transportation hub, the Authority shall provide financial support for the construction of an EGE Airport interchange, including the commitment of at least $12 million in funds, subject to appropriation and/or voter approval of other funding mechanisms therefor in the discretion of the Board of the Authority. Such funds are to be combined with local matching funds in support of the pursuit of state and federal grant funds. The Authority’s contribution of such funds shall be conditioned upon the interchange sponsors first securing all other required funds for construction of the EGE Airport Interchange from available federal, state, and local funding sources, and the Gypsum Question first being approved by the electors of the Town of Gypsum. The Authority’s role with regard to the EGE Airport Interchange would be limited to providing funds for construction as described in this Section. Limitations on Powers of the Authority. Notwithstanding Sections 6.01 and 6.02 of this Agreement, the powers of the Authority shall be limited as follows: (a) no action to establish or increase a tax or to create a multiple fiscal year debt or other financial obligation that is subject to Section 20(4)(h) of Article X of the State Constitution shall take effect unless first submitted to a vote in accordance with Section 612 of the Act; Approval Draft of August 14, 2022 15 (b) the Board shall deliver notice of any proposal to establish, increase or decrease any tax to any County, Municipality or special district Member where the proposed tax or fee would be imposed in accordance with Section 613 of the Act; and (c) a notice of the imposition of or any increase in any fee or tax or the issuance of Bonds shall be sent to the Division of Local Government and shall be filed with the State Auditor and the State Transportation Commission in accordance with Section 614 of the Act. Limitations. If any portion of the Regional Transportation System alters the physical structure of or negatively impacts the safe operation of any state or local transportation improvement, the Authority shall, upon the request of the Governing Body of the jurisdiction impacted by the transportation improvement, in order to ensure coordinated transportation planning, efficient allocation of resources, and the equitable sharing of costs, enter into an intergovernmental agreement between the Authority and such jurisdiction concerning the applicable portion of the Regional Transportation System before commencing physical construction of that particular improvement. FUNDING THE AUTHORITY Baseline Funding. The baseline funding of the Authority shall be provided from the following sources: (a) Initial Authority Sales Tax. Subject to Section 2.05(b) of this Agreement, in the event of and upon approval by the registered electors of the Ballot Question for such Member, a sales tax of one-half percent (0.5%) shall be imposed in all areas within the boundaries of such Member. (b) Existing Eagle County 0.5% Transportation Sales Tax. Section 611(b) of the Act authorizes any county, municipality, or special district that is a Member to pledge any legally available funds to the Authority to assist in the financing, construction, operation, or maintenance of a regional transportation system by the Authority. Pursuant to this authorization, Eagle County shall pay to the Authority a proportion of the proceeds of the existing Eagle County 0.5% Transportation Sales Tax (the “Existing ECO Transit Tax”), previously authorized by the voters to finance, construct, operate or maintain a mass transportation system within Eagle County and currently allocated to ECRTA operations, that is accrued on and after January 1 of the year following the Effective Date of this Agreement, exclusive of all amounts collected in the areas of Eagle County that are within the boundaries of the Roaring Fork Transportation Authority,. The proportion of the Existing ECO Transit Tax that is to be paid to the Authority shall be no less than 85% and no more than 90% of the total sum collected in Eagle County, in order to allow Eagle County to continue to meet its obligations to the ECO Trails program. To the extent required by law, the obligation of Eagle County to make such payments may be subject to annual appropriation by the Board of County Commissioners of Eagle County. The Authority shall apply revenues that it receives pursuant to this pledge solely for the financing, construction, operation, or maintenance of mass transportation systems within Eagle County, and shall not be used for air-service related Approval Draft of August 14, 2022 16 purposes. The pledge of such revenues by Eagle County shall be a contribution of funds in support of services provided by the Authority and shall not be deemed to be a contract for the provision of mass transportation services. Discretionary Member Contributions. A Member may, at its sole discretion, offer to make cash contributions to the Authority, provide in-kind services to the Authority, or pay costs that otherwise would have been paid by the Authority (referred to as a “Discretionary Member Contribution”). If a Member offers to make a Discretionary Member Contribution, the Authority may, subject to Board approval on a case-by-case basis in its discretion, provide additional transportation services within the boundaries of such Member with a value, or grant such Member a credit against other contributions or contract service payments to the Authority by or on behalf of such Member, in an amount equivalent to the Discretionary Member Contribution. Pursuit of Grants. The Authority shall actively pursue grants to support its activities, including grants for offsetting operating and capital costs, long range planning and environmental review, and major capital improvements. The Authority shall also cooperate and assist Members in their pursuit of grants for transportation projects. Capital Projects and Bonds. The Authority may fund capital projects by the issuance of Authority Bonds pursuant to Section 609 of the Act if voter approval is obtained for the issuance of such Bonds as required by Section 612(2) of the Act; through lease-purchase agreements or other arrangements permitted by, and subject to compliance with the applicable provisions of, State and federal law; or through one or more agreements with one or more Members. Bond issuances by any Regional Transportation Enterprise formed by the Board pursuant to Section 606 of the Act do not require voter approval. No Implied Limits on Powers. Except as otherwise specifically provided, no provision of this Article 7 shall limit the Authority’s powers under the Act. REORGANIZATION Reorganization Plan. All assets and liabilities of ECRTA that are to be transferred to the Authority in accordance with this Article 8 and the Transition Plan shall be transferred within a 24-month period of time from the Effective Date of this Agreement and establishment of the Authority (the “ECRTA Transition Period.”). ECRTA Transition Period. During the ECRTA Transition Period, the Authority will undertake the following: (a) The Authority will assume responsibility for the services provided by ECRTA and will begin receipt transfers of the operating revenues of ECRTA (as distinguished from the contributions to the Roaring Fork Transportation Authority by its members) from Eagle County no later than January 1 of the year following formation of the Authority in accordance with Section 7.01(b) of this Agreement and the Transition Plan; provided, however, that the Authority may not Approval Draft of August 14, 2022 17 allocate such revenues to any purpose other than funding of services provided by ECRTA, including payments under any contract with Eagle County referred to herein for services of employees or other assets of ECTRA, in order to ensure continuity of ECO Transit services during the ECRTA Transition Period as the provision of such services, and the transfer of assets and liabilities, transition from Eagle County to the Authority over such period. (b) For the purpose of continuity, the existing ECRTA Advisory Board shall be constituted as an Advisory Committee pursuant to Article 4 of this Agreement for the purpose of advising the Authority’s initial Board with respect to the transition of ECRTA services throughout the ECRTA Transition Period. The Authority Board may add or remove members of the ECRTA Advisory Board as provided for in this Agreement. (c) Either directly or by contract with Eagle County or others, the Authority shall use best efforts to: (i) maintain continuity of the existing ECO Transit regional transit services provided by ECRTA within the Authority Boundaries and to neighboring jurisdictions, without any significant changes in routes, schedules, or equipment, during the ECRTA Transition Period, except as provided for in the Transition Plan; (ii) continue ongoing transportation planning efforts; (iii) enter into contracts for transit services ECRTA currently provides to other Eagle County departments or entities no later than the end of the ECRTA Transition Period; and (iv) accommodate Member requests for additional or new local services on the same fully allocated cost basis used to determine the cost of Authority services throughout the Authority service area; (d) The Authority will assist Eagle County to cause all relevant Eagle County assets, liabilities, personnel, contracts, and operations to be formally transferred and assigned to the Authority, and to enter into any required intergovernmental agreement, leases, or other contractual arrangements to enable such transfers or assignments, prior to the conclusion of the ECRTA Transition Period; and (e) The ECRTA Transition Period will be deemed concluded when all issues set forth in the Transition Plan (defined in Section 8.03) have been addressed to the satisfaction of the Board and Eagle County. Transition Plan. (a) The Authority and Eagle County shall use their best efforts to implement a “Transition Plan,” substantially consistent with the framework set forth in the Transition Plan Framework attached hereto and incorporated herein as Appendix D, in order to implement the provisions of this Article 8. The Transition Plan will specify how merger issues, including those Approval Draft of August 14, 2022 18 related to human resources, employee benefits, insurance, transfer of ECRTA assets, contractual relationships (e.g. with the Town of Vail and the Town of Avon), and matters concerning the allocation of operating and capital costs and resources will be resolved. The Transition Plan will be approved, and may be subsequently amended, by mutual agreement of Eagle County and the Authority Board, which approval and modifications shall not constitute an amendment to this Agreement and may be approved by the Authority Board as provided for under Section 3.11(a). Maintenance of Effort. It is the intent of Eagle County that the Authority continue to maintain countywide transit services following the completion of the Transition Period using the revenues generated by the Existing ECO Transit Tax. Any significant reduction to the geographic coverage of service or service standards, as compared to the services provided by ECO Transit during the Transition Period, shall require the prior consent of Eagle County. MEMBERS Initial Members. The Initial Members shall be the Initial Signatories whose participation in the Authority is approved at the November 8, 2022, election as described in Section 2.05 of this Agreement. Withdrawal of Initial Members. (a) Following establishment of the Authority, a Member may withdraw from the Authority only if the Member’s withdrawal is approved at an election by a majority of the electors voting thereon. (b) If a Member withdraws from the Authority pursuant to subsection (a) of this Section: (i) the territory within the boundaries of such Member will be excluded from the Boundaries of the Authority; (ii) subject to Section 9.02(c), the taxes relevant to that Member shall not be levied after the effective date of such withdrawal; and (iii) the obligations of such Member set forth in this Agreement shall terminate. (c) If a Member withdraws from the Authority while the Authority has any Bonds outstanding, it shall continue to levy taxes within its boundaries after the effective date of such withdrawal for the period such Bond obligations remain outstanding, or as provided for in the applicable financing documents. (d) Members may only withdraw from the Authority in the manner, and subject to the conditions, set forth in this Section. Approval Draft of August 14, 2022 19 Additional Members. Any county, municipality, or special district with street improvement, safety protection, or transportation powers, or a portion thereof, which is not an Initial Member of the Authority, may become a Member (for purposes of this Section, a “new Member”) effective upon: (a) the adoption of a resolution of the Board in accordance with Section 3.11(a) of this Agreement, the effectiveness of which may be conditioned upon compliance by such new Member with any conditions which the Board, in its sole discretion, sees fit to impose; (b) unless the new Member is the State, approval of such new Member’s participation in the Authority by the electors residing within the territory of the new Member that is to be included in the Boundaries of the Authority; and (c) compliance with any other conditions to the admission of such new Member as a Member or its execution of the amended Agreement imposed under the Act, the Intergovernmental Relations Statue or any other applicable law. TERM AND DISTRIBUTION OF ASSETS UPON TERMINATION Effective Date. The term of this Agreement shall begin when all the conditions to the establishment of the Authority set forth in Section 2.01 of this Agreement have been satisfied. Termination. (a) The term of this Agreement shall end when all the then-current Members agree in writing to terminate this Agreement. (b) This Agreement may not be terminated so long as the Authority has any Bonds outstanding. Distribution of Assets Upon Termination. Upon termination of this Agreement pursuant to Section 10.02 of this Agreement, after payment of all Bonds and other obligations of the Authority, the net assets of the Authority shall be distributed to the parties who are Members at such time in proportion to the sum of: (a) the amount of cash and the value of property and services contributed by each such Member to the Authority pursuant to Article 7 and 8 of this Agreement minus the amount of cash and the value of property previously distributed to them by the Authority; and (b) the amount of Authority taxes or other charges (other than fares) paid by such Member’s residents to the Authority pursuant to the Authority’s exercise of the powers granted to it pursuant to the Act, with taxes or other charges paid by residents of areas of counties which are also located within a municipality or special district allocated 100% to the municipality or special district for such purposes. Approval Draft of August 14, 2022 20 DEFENSE OF DIRECTORS, OFFICERS, MEMBERS OF ADVISORY COMMITTEES AND EMPLOYEES Authority Obligations. The Authority shall insure and defend each Director, Officer, member of an Advisory Committee and employee of the Authority in connection with any claim or actual or threatened suit, action or proceeding (civil, criminal or other, including appeals), in which he or she may be involved in his or her official capacity by reason of his or her being or having been a Director, Officer, member of a Committee or employee of the Authority, or by reason of any action or omission by him or her in such capacity. The Authority shall insure and defend each Director, Officer, member of a Committee and employee of the Authority against all liability, costs and expenses arising from any such claim, suit or action, except any liability arising from criminal offenses or willful misconduct or gross negligence. The Authority’s obligations pursuant to this Article 11 shall be limited to funds of the Authority available for such purpose, including but not necessarily limited to insurance proceeds. The Board may establish specific rules and procedures for the implementation of this Article 11. AMENDMENTS Amendments Generally. This Agreement , except as may be limited in this Article 12, may be amended only by resolution of the Board and upon unanimous consent of all Members minus one. Such consent shall first be manifested by a majority affirmative vote of the Governing Bodies of each Member. Amendments to Boundaries. Except as provided in Section 2.03 of this Agreement, the Initial Boundaries illustrated in Appendix A-1 and described in Appendix A-2, may be amended in accordance with Section 12.01 of this Agreement and with the required approval of the registered voters of any county, municipality or unincorporated portion of a county proposed to be added to the territory of the Authority. For purposes of this Section, the boundaries may not include territory within the boundaries of a municipality that is not a Member without the consent of the governing body of such municipality, and may not include territory within the unincorporated boundaries of a county that is not a Member without the consent of the governing body of such county. Modification of Appendices B-1 through B-8. Notwithstanding any other provision of this Agreement, any Ballot Question attached hereto as Appendix B-1 through B-8 may be modified by the Governing Body of the Initial Signatory responsible for submitting such Ballot Question to the electors as provided in Section 2.04 of this Agreement. Approval Draft of August 14, 2022 21 MISCELLANEOUS Adoption and Execution of Agreement in Accordance with Law. Each Initial Signatory hereby represents to each other Initial Signatory that it has adopted and executed this Agreement in accordance with applicable law. Parties in Interest. Nothing expressed or implied in this Agreement is intended or shall be construed to confer upon any Person other than the Initial Signatories and the Members any right, remedy or claim under or by reason of this Agreement, this Agreement being intended to be for the sole and exclusive benefit of the Initial Signatories and the Members. No Personal Liability. No covenant or agreement contained in this Agreement or any resolution or bylaw issued by the Board shall be deemed to by the covenant or agreement of an elected or appointed official, officer, agent, servant or employee of any Member in his or her individual capacity. Notices. Except as otherwise provided in this Agreement, all notices, certificates, requests, requisitions or other communications by the Authority, any Member, any Director, any Alternate Director, any Officer or any member of a Committee to any other such person pursuant to this Agreement shall be in writing; shall be sufficiently given and shall be deemed given when actually received, in the case of the Authority and officers of the Authority, at the last address designated by the Authority for such purpose and, in the case of such other persons, at the last address specified by them in writing to the Secretary of the Authority; and, unless a certain number of days is specified, shall be given within a reasonable period of time. Assignment. None of the rights or benefits of any Member may be assigned, nor may any of the duties or obligations of any Member be delegated, without the express written consent of all the Members. Severability. If any clause, provision, subsection, Section, or Article of this Agreement shall be held to be invalid, illegal or unenforceable for any reason, the invalidity, illegality or enforceability of such clause, provision, subsection, Section or Article shall not affect any of the remaining provisions of this Agreement. Interpretation. Subject only to the express limitations set forth in this Agreement, this Agreement shall be liberally construed to permit: (a) the Authority and the Members to exercise all powers that may be exercised by a regional transportation authority pursuant to the Act and by a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute; (b) the Members to exercise all powers that may be exercised by them with respect to the subject matter of this Agreement pursuant to the Act, the Intergovernmental Relations Statute and other applicable law; and Approval Draft of August 14, 2022 22 (c) the Board to exercise all powers that may be exercised by the board of directors of a regional transportation authority pursuant to the Act and by the governing body of a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute. In the event of any conflict between the Act, the Intergovernmental Relations Statute or any other law with respect to the exercise of any such power, the provision that permits the broadest exercise of the power consistent with the limitations set forth in this Agreement shall control. Governing Law. The laws of the State shall govern the construction and enforcement of this Agreement. Venue for purposes of any litigation arising under this Agreement shall only be proper in the Eagle County District Court. Counterparts. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same Agreement. [Remainder of page left intentionally blank. Signature pages follow.] Approval Draft of August 14, 2022 23 SIGNATURE PAGE to EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT Dated as of [ , 2022] : [INSERT], COLORADO By Name Title ATTEST APPENDIX A-1 Authority Boundary Map APPENDIX A-2 Authority Boundary Description The Initial Boundaries of the Authority shall consist of: 1. In accordance with Section 2.05(b) of the Agreement, if the registered electors voting on each of the Avon Question, the Beaver Creek Question, the Vail Question, and the Unincorporated Eagle County Question each approve their respective ballot questions: a. all territory within the Town of Avon and all territory subsequently annexed to the Town of Avon; b. all territory within the Beaver Creek Metropolitan District and all territory subsequently included into the boundaries of the Beaver Creek Metropolitan District; c. all territory within the Town of Vail and all territory subsequently annexed to the Town of Vail; and d. all territory within Eagle County, excluding: i. territory within the Town of Avon, the Beaver Creek Metropolitan District, the Town of Eagle, the Town of Gypsum, the Town of Minturn, the Town of Red Cliff, the Town of Vail; and ii. territory within the boundaries of the Roaring Fork Transportation Authority; and 2. Additionally, subject to Section 2.05(b) of the Agreement: a. if the Town of Eagle electors approve the Eagle Question, all territory within the Town of Eagle and all territory subsequently annexed to the Town of Eagle; b. if the Town of Gypsum electors approve the Gypsum Question, all territory within the Town of Gypsum and all territory subsequently annexed to the Town of Gypsum; c. if the Town of Minturn electors approve the Minturn Question, all territory within the Town of Minturn and all territory subsequently annexed to the Town of Minturn; and d. if the Town of Red Cliff electors approve the Red Cliff Question, all territory within the Town of Red Cliff and all territory subsequently annexed to the Town of Red Cliff. APPENDIX B-1 BALLOT ISSUE [2A] – TOWN OF AVON FORMATION OF EAGLE VALLEY TRANSPORTATION AUTHORITY SHALL EAGLE VALLEY TRANSPORTATION AUTHORITY (“EVTA”) TAXES BE INCREASED $15,563,303 IN 2023 (FIRST FULL FISCAL YEAR) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF AN ADDITIONAL 0.50% SALES TAX (ONE CENT ON EACH TWO DOLLARS OF TAXABLE SALES) ON EVERY TRANSACTION OR INCIDENT WITH RESPECT TO WHICH A SALES TAX IS LEVIED BY THE STATE OF COLORADO; PROVIDED THAT SUCH TAX INCREASE SHALL COMMENCE ON JANUARY 1, 2023; AND SHALL THE EVTA BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (THE “EVTA IGA”) AS MAY BE AMENDED FROM TIME TO TIME BETWEEN EAGLE COUNTY, THE TOWNS OF AVON, EAGLE, GYPSUM, MINTURN, RED CLIFF, AND VAIL, AND BEAVER CREEK METROPOLITAN DISTRICT, FOR THE PURPOSES OF PROVIDING ENHANCED REGIONAL TRANSPORTATION SERVICES IN ACCORDANCE WITH THE EVTA IGA, INCLUDING, BUT NOT LIMITED TO: •EXPANDING TRANSIT SERVICE, EXPRESS ROUTES, AND TRANSPORTATION OPTIONS ACROSS THE EAGLE VALLEY; •ENHANCING CONNECTIONS BETWEEN GYPSUM AND EAGLE AND OTHER COMMUNITIES; •ENHANCING AIR SERVICE AND IMPROVING ACCESS AT EAGLE COUNTY AIRPORT; •PROVIDING A FARE-FREE TRANSIT ZONE FROM EDWARDS TO VAIL, INCLUDING AVON, BEAVER CREEK, MINTURN, AND EAGLE-VAIL; •REDUCING ENVIRONMENTAL IMPACTS FROM TRANSPORTATION; AND SHALL ALL AMOUNTS RECEIVED BY EVTA FROM SUCH TAX INCREASES, CONTRIBUTIONS, AND OTHERWISE PURSUANT TO THE EVTA IGA AND EARNINGS THEREON BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? APPENDIX B-2 BALLOT ISSUE [6A] – BEAVER CREEK METROPOLITAN DISTRICT FORMATION OF EAGLE VALLEY TRANSPORTATION AUTHORITY SHALL EAGLE VALLEY TRANSPORTATION AUTHORITY (“EVTA”) TAXES BE INCREASED $15,563,303 IN 2023 (FIRST FULL FISCAL YEAR) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF AN ADDITIONAL 0.50% SALES TAX (ONE CENT ON EACH TWO DOLLARS OF TAXABLE SALES) ON EVERY TRANSACTION OR INCIDENT WITH RESPECT TO WHICH A SALES TAX IS LEVIED BY THE STATE OF COLORADO; PROVIDED THAT SUCH TAX INCREASE SHALL COMMENCE ON JANUARY 1, 2023; AND SHALL THE EVTA BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (THE “EVTA IGA”) AS MAY BE AMENDED FROM TIME TO TIME BETWEEN EAGLE COUNTY, THE TOWNS OF AVON, EAGLE, GYPSUM, MINTURN, RED CLIFF, AND VAIL, AND BEAVER CREEK METROPOLITAN DISTRICT, FOR THE PURPOSES OF PROVIDING ENHANCED REGIONAL TRANSPORTATION SERVICES IN ACCORDANCE WITH THE EVTA IGA, INCLUDING, BUT NOT LIMITED TO: •EXPANDING TRANSIT SERVICE, EXPRESS ROUTES, AND TRANSPORTATION OPTIONS ACROSS THE EAGLE VALLEY; •ENHANCING CONNECTIONS BETWEEN GYPSUM AND EAGLE AND OTHER COMMUNITIES; •ENHANCING AIR SERVICE AND IMPROVING ACCESS AT EAGLE COUNTY AIRPORT; •PROVIDING A FARE-FREE TRANSIT ZONE FROM EDWARDS TO VAIL, INCLUDING AVON, BEAVER CREEK, MINTURN, AND EAGLE-VAIL; •REDUCING ENVIRONMENTAL IMPACTS FROM TRANSPORTATION; AND SHALL ALL AMOUNTS RECEIVED BY EVTA FROM SUCH TAX INCREASES, CONTRIBUTIONS, AND OTHERWISE PURSUANT TO THE EVTA IGA AND EARNINGS THEREON BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? APPENDIX B-3 BALLOT ISSUE [2B] – TOWN OF EAGLE FORMATION OF EAGLE VALLEY TRANSPORTATION AUTHORITY SHALL EAGLE VALLEY TRANSPORTATION AUTHORITY (“EVTA”) TAXES BE INCREASED $15,563,303 IN 2023 (FIRST FULL FISCAL YEAR) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF AN ADDITIONAL 0.50% SALES TAX (ONE CENT ON EACH TWO DOLLARS OF TAXABLE SALES) ON EVERY TRANSACTION OR INCIDENT WITH RESPECT TO WHICH A SALES TAX IS LEVIED BY THE STATE OF COLORADO; PROVIDED THAT SUCH TAX INCREASE SHALL COMMENCE ON JANUARY 1, 2023; AND SHALL THE EVTA BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (THE “EVTA IGA”) AS MAY BE AMENDED FROM TIME TO TIME BETWEEN EAGLE COUNTY, THE TOWNS OF AVON, EAGLE, GYPSUM, MINTURN, RED CLIFF, AND VAIL, AND BEAVER CREEK METROPOLITAN DISTRICT, FOR THE PURPOSES OF PROVIDING ENHANCED REGIONAL TRANSPORTATION SERVICES IN ACCORDANCE WITH THE EVTA IGA, INCLUDING, BUT NOT LIMITED TO: •EXPANDING TRANSIT SERVICE, EXPRESS ROUTES, AND TRANSPORTATION OPTIONS ACROSS THE EAGLE VALLEY; •ENHANCING CONNECTIONS BETWEEN GYPSUM AND EAGLE AND OTHER COMMUNITIES; •ENHANCING AIR SERVICE AND IMPROVING ACCESS AT EAGLE COUNTY AIRPORT; •PROVIDING A FARE-FREE TRANSIT ZONE FROM EDWARDS TO VAIL, INCLUDING AVON, BEAVER CREEK, MINTURN, AND EAGLE-VAIL; •REDUCING ENVIRONMENTAL IMPACTS FROM TRANSPORTATION; AND SHALL ALL AMOUNTS RECEIVED BY EVTA FROM SUCH TAX INCREASES, CONTRIBUTIONS, AND OTHERWISE PURSUANT TO THE EVTA IGA AND EARNINGS THEREON BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? APPENDIX B-4 BALLOT ISSUE [2C] – TOWN OF GYPSUM FORMATION OF EAGLE VALLEY TRANSPORTATION AUTHORITY SHALL EAGLE VALLEY TRANSPORTATION AUTHORITY (“EVTA”) TAXES BE INCREASED $15,563,303 IN 2023 (FIRST FULL FISCAL YEAR) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF AN ADDITIONAL 0.50% SALES TAX (ONE CENT ON EACH TWO DOLLARS OF TAXABLE SALES) ON EVERY TRANSACTION OR INCIDENT WITH RESPECT TO WHICH A SALES TAX IS LEVIED BY THE STATE OF COLORADO; PROVIDED THAT SUCH TAX INCREASE SHALL COMMENCE ON JANUARY 1, 2023; AND SHALL THE EVTA BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (THE “EVTA IGA”) AS MAY BE AMENDED FROM TIME TO TIME BETWEEN EAGLE COUNTY, THE TOWNS OF AVON, EAGLE, GYPSUM, MINTURN, RED CLIFF, AND VAIL, AND BEAVER CREEK METROPOLITAN DISTRICT, FOR THE PURPOSES OF PROVIDING ENHANCED REGIONAL TRANSPORTATION SERVICES IN ACCORDANCE WITH THE EVTA IGA, INCLUDING, BUT NOT LIMITED TO: •EXPANDING TRANSIT SERVICE, EXPRESS ROUTES, AND TRANSPORTATION OPTIONS ACROSS THE EAGLE VALLEY; •ENHANCING CONNECTIONS BETWEEN GYPSUM AND EAGLE AND OTHER COMMUNITIES; •ENHANCING AIR SERVICE AND IMPROVING ACCESS AT EAGLE COUNTY AIRPORT; •PROVIDING A FARE-FREE TRANSIT ZONE FROM EDWARDS TO VAIL, INCLUDING AVON, BEAVER CREEK, MINTURN, AND EAGLE-VAIL; •REDUCING ENVIRONMENTAL IMPACTS FROM TRANSPORTATION; AND SHALL ALL AMOUNTS RECEIVED BY EVTA FROM SUCH TAX INCREASES, CONTRIBUTIONS, AND OTHERWISE PURSUANT TO THE EVTA IGA AND EARNINGS THEREON BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? APPENDIX B-5 BALLOT ISSUE [2D] – TOWN OF MINTURN FORMATION OF EAGLE VALLEY TRANSPORTATION AUTHORITY SHALL EAGLE VALLEY TRANSPORTATION AUTHORITY (“EVTA”) TAXES BE INCREASED $15,563,303 IN 2023 (FIRST FULL FISCAL YEAR) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF AN ADDITIONAL 0.50% SALES TAX (ONE CENT ON EACH TWO DOLLARS OF TAXABLE SALES) ON EVERY TRANSACTION OR INCIDENT WITH RESPECT TO WHICH A SALES TAX IS LEVIED BY THE STATE OF COLORADO; PROVIDED THAT SUCH TAX INCREASE SHALL COMMENCE ON JANUARY 1, 2023; AND SHALL THE EVTA BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (THE “EVTA IGA”) AS MAY BE AMENDED FROM TIME TO TIME BETWEEN EAGLE COUNTY, THE TOWNS OF AVON, EAGLE, GYPSUM, MINTURN, RED CLIFF, AND VAIL, AND BEAVER CREEK METROPOLITAN DISTRICT, FOR THE PURPOSES OF PROVIDING ENHANCED REGIONAL TRANSPORTATION SERVICES IN ACCORDANCE WITH THE EVTA IGA, INCLUDING, BUT NOT LIMITED TO: •EXPANDING TRANSIT SERVICE, EXPRESS ROUTES, AND TRANSPORTATION OPTIONS ACROSS THE EAGLE VALLEY; •ENHANCING CONNECTIONS BETWEEN GYPSUM AND EAGLE AND OTHER COMMUNITIES; •ENHANCING AIR SERVICE AND IMPROVING ACCESS AT EAGLE COUNTY AIRPORT; •PROVIDING A FARE-FREE TRANSIT ZONE FROM EDWARDS TO VAIL, INCLUDING AVON, BEAVER CREEK, MINTURN, AND EAGLE-VAIL; •REDUCING ENVIRONMENTAL IMPACTS FROM TRANSPORTATION; AND SHALL ALL AMOUNTS RECEIVED BY EVTA FROM SUCH TAX INCREASES, CONTRIBUTIONS, AND OTHERWISE PURSUANT TO THE EVTA IGA AND EARNINGS THEREON BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? APPENDIX B-6 BALLOT ISSUE [2E] – TOWN OF RED CLIFF FORMATION OF EAGLE VALLEY TRANSPORTATION AUTHORITY SHALL EAGLE VALLEY TRANSPORTATION AUTHORITY (“EVTA”) TAXES BE INCREASED $15,563,303 IN 2023 (FIRST FULL FISCAL YEAR) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF AN ADDITIONAL 0.50% SALES TAX (ONE CENT ON EACH TWO DOLLARS OF TAXABLE SALES) ON EVERY TRANSACTION OR INCIDENT WITH RESPECT TO WHICH A SALES TAX IS LEVIED BY THE STATE OF COLORADO; PROVIDED THAT SUCH TAX INCREASE SHALL COMMENCE ON JANUARY 1, 2023; AND SHALL THE EVTA BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (THE “EVTA IGA”) AS MAY BE AMENDED FROM TIME TO TIME BETWEEN EAGLE COUNTY, THE TOWNS OF AVON, EAGLE, GYPSUM, MINTURN, RED CLIFF, AND VAIL, AND BEAVER CREEK METROPOLITAN DISTRICT, FOR THE PURPOSES OF PROVIDING ENHANCED REGIONAL TRANSPORTATION SERVICES IN ACCORDANCE WITH THE EVTA IGA, INCLUDING, BUT NOT LIMITED TO: •EXPANDING TRANSIT SERVICE, EXPRESS ROUTES, AND TRANSPORTATION OPTIONS ACROSS THE EAGLE VALLEY; •ENHANCING CONNECTIONS BETWEEN GYPSUM AND EAGLE AND OTHER COMMUNITIES; •ENHANCING AIR SERVICE AND IMPROVING ACCESS AT EAGLE COUNTY AIRPORT; •PROVIDING A FARE-FREE TRANSIT ZONE FROM EDWARDS TO VAIL, INCLUDING AVON, BEAVER CREEK, MINTURN, AND EAGLE-VAIL; •REDUCING ENVIRONMENTAL IMPACTS FROM TRANSPORTATION; AND SHALL ALL AMOUNTS RECEIVED BY EVTA FROM SUCH TAX INCREASES, CONTRIBUTIONS, AND OTHERWISE PURSUANT TO THE EVTA IGA AND EARNINGS THEREON BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? APPENDIX B-7 BALLOT ISSUE [2F] – TOWN OF VAIL FORMATION OF EAGLE VALLEY TRANSPORTATION AUTHORITY SHALL EAGLE VALLEY TRANSPORTATION AUTHORITY (“EVTA”) TAXES BE INCREASED $15,563,303 IN 2023 (FIRST FULL FISCAL YEAR) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF AN ADDITIONAL 0.50% SALES TAX (ONE CENT ON EACH TWO DOLLARS OF TAXABLE SALES) ON EVERY TRANSACTION OR INCIDENT WITH RESPECT TO WHICH A SALES TAX IS LEVIED BY THE STATE OF COLORADO; PROVIDED THAT SUCH TAX INCREASE SHALL COMMENCE ON JANUARY 1, 2023; AND SHALL THE EVTA BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (THE “EVTA IGA”) AS MAY BE AMENDED FROM TIME TO TIME BETWEEN EAGLE COUNTY, THE TOWNS OF AVON, EAGLE, GYPSUM, MINTURN, RED CLIFF, AND VAIL, AND BEAVER CREEK METROPOLITAN DISTRICT, FOR THE PURPOSES OF PROVIDING ENHANCED REGIONAL TRANSPORTATION SERVICES IN ACCORDANCE WITH THE EVTA IGA, INCLUDING, BUT NOT LIMITED TO: •EXPANDING TRANSIT SERVICE, EXPRESS ROUTES, AND TRANSPORTATION OPTIONS ACROSS THE EAGLE VALLEY; •ENHANCING CONNECTIONS BETWEEN GYPSUM AND EAGLE AND OTHER COMMUNITIES; •ENHANCING AIR SERVICE AND IMPROVING ACCESS AT EAGLE COUNTY AIRPORT; •PROVIDING A FARE-FREE TRANSIT ZONE FROM EDWARDS TO VAIL, INCLUDING AVON, BEAVER CREEK, MINTURN, AND EAGLE-VAIL; •REDUCING ENVIRONMENTAL IMPACTS FROM TRANSPORTATION; AND SHALL ALL AMOUNTS RECEIVED BY EVTA FROM SUCH TAX INCREASES, CONTRIBUTIONS, AND OTHERWISE PURSUANT TO THE EVTA IGA AND EARNINGS THEREON BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? APPENDIX B-8 BALLOT ISSUE [1A] – EAGLE COUNTY FORMATION OF EAGLE VALLEY TRANSPORTATION AUTHORITY SHALL EAGLE VALLEY TRANSPORTATION AUTHORITY (“EVTA”) TAXES BE INCREASED $15,563,303 IN 2023 (FIRST FULL FISCAL YEAR) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF AN ADDITIONAL 0.50% SALES TAX (ONE CENT ON EACH TWO DOLLARS OF TAXABLE SALES) ON EVERY TRANSACTION OR INCIDENT WITH RESPECT TO WHICH A SALES TAX IS LEVIED BY THE STATE OF COLORADO; PROVIDED THAT SUCH TAX INCREASE SHALL COMMENCE ON JANUARY 1, 2023; AND SHALL THE EVTA BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (THE “EVTA IGA”) AS MAY BE AMENDED FROM TIME TO TIME BETWEEN EAGLE COUNTY, THE TOWNS OF AVON, EAGLE, GYPSUM, MINTURN, RED CLIFF, AND VAIL, AND BEAVER CREEK METROPOLITAN DISTRICT, FOR THE PURPOSES OF PROVIDING ENHANCED REGIONAL TRANSPORTATION SERVICES IN ACCORDANCE WITH THE EVTA IGA, INCLUDING, BUT NOT LIMITED TO: •EXPANDING TRANSIT SERVICE, EXPRESS ROUTES, AND TRANSPORTATION OPTIONS ACROSS THE EAGLE VALLEY; •ENHANCING CONNECTIONS BETWEEN GYPSUM AND EAGLE AND OTHER COMMUNITIES; •ENHANCING AIR SERVICE AND IMPROVING ACCESS AT EAGLE COUNTY AIRPORT; •PROVIDING A FARE-FREE TRANSIT ZONE FROM EDWARDS TO VAIL, INCLUDING AVON, BEAVER CREEK, MINTURN, AND EAGLE-VAIL; •REDUCING ENVIRONMENTAL IMPACTS FROM TRANSPORTATION; AND SHALL ALL AMOUNTS RECEIVED BY EVTA FROM SUCH TAX INCREASES, CONTRIBUTIONS, AND OTHERWISE PURSUANT TO THE EVTA IGA AND EARNINGS THEREON BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? APPENDIX C Initial Service Goals C-1 Eagle Valley Transportation Authority Regional Transportation Service Goals The newly established Eagle Valley Transportation Authority, (“Authority”), shall use reasonable efforts to achieve the following: 1. Assume Responsibility for Existing ECO Transit Service The Authority shall assume responsibility for existing transit service as currently provided by the Eagle County Regional Transportation Authority, (“ECO Transit”), as of January 1 of the year following RTA formation. Within 12 months of RTA formation, the Authority shall develop and implement a fare- free transit zone with expanded service, to include portions of Avon, Vail, Minturn and Beaver Creek, as a replacement for ECO’s existing Vail/Beaver Creek Express service. 2. Increase Service on Current ECO Routes The Authority shall begin planning for one or more of the following enhancements, to be introduced as soon as equipment, staffing, and facilities allow: ● Increased capacity and/or service frequency on Highway 6. ● Increased all-day service frequency on Valley Route, including additional daily connections to Doster. ● Increased service to/from Leadville. 3. Develop and Implement New Transit Routes Develop and implement new transit service no later than December 31, 2024, to meet needs identified during the RTA formation process, including but not limited to: 1) Eagle-Gypsum Circulator Regular transit service connecting the Towns of Eagle and Gypsum that promotes increased circulation in/between these communities and provides efficient connection to other regional routes. 2) Limited Stop Express Service Additional rush hour express service targeting peak workforce commute hours. 3) Airport Express Service Additional service connecting Eagle County Airport to Avon, Beaver Creek, and Vail In addition, the Authority may explore the feasibility of offering additional regional transit services as needs are identified in future Transit Development plans. C-2 4. Accelerate Conversion of Fleet and Facilities to Zero-Emission Operations The Authority shall take the following steps toward zero-emission operations: 1) Conversion of ECO’s existing Highway 6 bus service to a zero-emission platform, on a timeframe that evaluates available grant funds, anticipated increases in range and performance capacity of zero-emission buses, and allocation of available Authority funds to other expenditures which may increase ridership. 2) Development of zero-emission plans, timelines, and budgets for additional routes and facilities as outlined in an initial RTA Transit Development Plan, to be created following RTA formation. 5. Invest in Transit-Related Facilities and Infrastructure The Authority shall allocate a portion of available revenues to upgrade existing facilities to support planned service expansion. In addition, funds will be set aside in a capital improvement fund to support fleet replacement and future construction of essential transit-related and transit-supportive facilities. Uses of these funds may include: 1) Expansion of the existing Swift Gulch or MSC facilities to support additional operations and/or dedicated staff housing. 2) Construction and/or expansion of additional facilities as identified in the initial Transit Development Plan (TDP). 6. Support Local Air Service The Authority shall pledge funding in the minimum amount of $1,200,000 dollars per year to support expanded year round air service for residents and visitors of Eagle County. 7. Regional Transportation System Planning The Authority shall embark on a 5-year Transit Development Plan (TDP) as one of its first tasks upon formation. This plan should be completed within 12-18 months of the appointment of the initial Authority Executive Director. APPENDIX D Transition Plan Framework D-1 Eagle Valley Transportation Authority Transition Plan Framework Eagle County’s pledge of a portion of the Countywide .5% Mass Transportation sales tax and transfer of associated assets is contingent upon the interim RTA Board and Eagle County mutually agreeing to a Transition Plan following voter approval of the RTA. Transfer of funding will require completion of specific required elements as outlined in that Transition Plan. This document outlines Eagle County’s expectations regarding the minimum administrative, legal, accounting, and financial procedures that must be established by the RTA in order to transfer responsibility for the operation of current ECO Transit services. Continuity of Service: The RTA is expected to take on the responsibility for providing current ECO Transit service while simultaneously pursuing additional improvements and economies of scale with new funding generated by the RTA sales tax. A portion of Eagle County’s existing 0.5% sales tax is expected to fund current ECO Transit service or its functional equivalent in terms of hours, frequency, and geographic coverage. This equates to target ECO Transit seasonal service levels during the Transition Period and beyond equivalent to at least 85% of the Winter 2021/2022 and Summer 2022 scheduled service hours below: Route Daily Service Hours - Winter Season Daily Service Hours - Summer Season Valley 75.4 69.79 Highway 6 132.12 107.33 Leadville 11.15 9.38 Minturn 13.5 10.5 Vail-BC Express 13.33 0 Total 245.5 197 Any significant reduction to the geographic coverage of service or service standards must be recommended by the RTA Board and approved by the Board of County Commissioners, unless a different arrangement is agreed to by both parties. This requirement applies to service that has traditionally been provided by ECO Transit only. Expansion, enhancement, or reduction of services initiated by the RTA remain the sole responsibility of the RTA Board. This service equivalency requirement does not preclude D-2 the reasonable restructuring or realignment of these routes in the future by the RTA, provided geographic coverage equivalent to the above routes is maintained and the impetus for specific route changes is to create operational efficiencies and leverage new economies of scale. Phased Transition of Current Operations: The RTA will assume responsibility for ECO Transit operations in several phases as the relevant administrative and management capacity can be developed. Transition of various aspects of ECO Transit operations to the RTA will not occur until specific administrative, financial and legal requirements have been met. Full transition will require the transfer of revenue, assets, personnel, and existing contractual agreements, as well as the creation of new agreements and/or other mechanisms for providing legal, administrative, IT, financial, and other services that are currently provided by other County Departments. The cost of these services is partially reflected by the $600k/year administrative fee included in ECO Transit’s annual budget, but actual costs for these services may differ depending on how the RTA chooses to staff or contract for these elements. A minimum of $750,000/year should be included in the initial RTA budget to compensate the County for administrative services that may continue to be performed on behalf of the RTA during the transition period. Management of the transition process and ongoing RTA liaison activities will require one Eagle County FTE. This position will be expected to manage the revenue transfer process, any future contracts between the County and RTA, and coordinate ECG’s ongoing County-specific involvement in transit/transportation issues County-wide. Proposed transition phases include: Phase 1: Administrative Establishment As a new legal entity, the RTA will need to establish a minimum administrative structure before hiring permanent staff and assuming responsibility for current or future operations. Administrative establishment procedures will begin as soon as reasonably possible upon approval of the ballot measures. Administrative establishment procedures will include: Establishing the RTA Board; Establishing a regular RTA Board meeting schedule and Board procedures; D-3 Identifying and contracting an Interim Executive Director (ED) to facilitate the administrative start-up process; Contracting for Interim Legal Services; Identifying and staffing subcommittees, if desired, to assist with administrative tasks; Developing a proposed RTA start up budget; and Developing and issuing consultant/vendor RFPs to support the RTA during the Transition Period. Phase 1 elements are expected to take up to 12 months. Phase 2a: Further Development of Administrative Policies and Procedures Once Board processes have been established and legal counsel is on board the interim ED will work with the board to establish additional administrative policies and procedures to allow for the hiring of permanent personnel, including a permanent Executive Director, and executing appropriate additional contracts and agreements for service. Phase 2b: Transition of Revenues and Financial Operations Transition of revenues and financial operations may begin once Phase 1 Administrative establishment procedures have been completed, but are expected to begin by January 1, 2024. Specific activities in this area should include: Establishment of an administrative mechanism for recurring transfers of the relevant portion of the County’s existing 0.5% mass transportation sales tax to the RTA; Full transfer of all responsibilities related to on-board and advanced pass sale revenue collection, including accounting and auditing procedures; Full transfer of Accounts Payable and Accounts Receivable functions to RTA staff or contractors; and Establishment of appropriate permanent financial accounting and audit procedures. Revenue Transfer: Current ECO Transit operations are funded by a Countywide sales tax for mass transportation of 0.5%, along with fare sales and advertising revenues. A minimum of D-4 10% of this mass transportation tax is used to fund ECO Trails. Portions of this tax collected in the Roaring Fork Valley are used to pay Eagle County’s RFTA transit/trails contributions. Recurring Sales Tax Collections Eagle County will retain a minimum of 10% to a maximum of 15% of the county mass transit tax annually to cover salaries, construction, maintenance and debt service payments related to the Eagle Valley Trail. The current expectation is for Eagle County to operate and maintain the Eagle Valley Trail through completion of all remaining trail segments as identified in the Eagle Valley Trails Plan. Eagle County may transfer trail ownership and maintenance to the RTA, along with revenues that exceed the debt service payment obligations of Eagle County, after December 31, 2024, subject to with BoCC and RTA Board approval. Planning activities for this transition, if agreed, may occur during the Transition Period. Eagle County will also continue to retain the portions of this tax currently allocated to RFTA for transit and trail activities in the Roaring Fork Valley portion of Eagle County. These funds will continue to be transferred to RFTA as has been done in the past. During the transition period, funds transferred will be net of all transit-related costs including any costs related to administrative, maintenance, or operations activities the County continues to perform on behalf of the RTA, including salaries and benefits of ECO Transit personnel who are providing RTA services. At the conclusion of the transition period, funds transferred will continue to be net of any payments for leases or services Eagle County provides to the RTA under IGAs, leases, or other relevant agreements between the two entities. Farebox and Pass Sales The RTA will establish a separate contract for Financial and Accounting services as soon as possible, with the expectation this contract will be in place by December 31, 2023. Eagle County will continue to collect and process farebox revenues according to established procedures pending the completion of the Phase 1 Administrative Establishment procedures. The RTA will assume responsibilities as soon as possible but no later than December 31, 2024. D-5 Advertising Revenue Any outstanding contracts for advertising that generate revenue will be terminated by Eagle County in accordance with the prevailing contract terms and renegotiated and reprocured by the RTA unless otherwise agreed between Eagle County and the RTA. Current Account Balances and Other Accruals ECO Transit Fund Balance ECO Transit’s existing fund balance will remain with Eagle County to be used for transportation purposes consistent with the provisions of the existing sales tax. Portions of this fund balance may be transferred to the RTA on a case-by-case basis to support capital investments by request of the RTA Board and with the approval of the Board of County Commissioners. Accrued Interest Any interest accrued on the ECO Transit Fund Balance will remain with the County and not be included in regular revenue transfers. Interdepartmental Transfer Revenue ECO Transit operates service on behalf of other County Departments (Healthy Aging, MIRA). These contracts and operations will be transferred to the RTA no later than December 31, 2024. All other annual service contracts will be renegotiated by the RTA at its discretion, with the expectation that the RTA will be fully responsible for all of these services by December 31, 2024. Phase 3: Transfer of Rolling Stock and Facilities Rolling Stock: All vehicles titled to ECG will be transferred to the new entity and titled/insured by December 31, 2024. A list of current ECO Transit vehicles is included as Attachment A. This includes transfer of any grant liabilities or CDOT liens, which are also identified in Attachment A. Vehicle ownership will be transferred on a rolling basis to allow for continuity of operations while required administrative processing takes place, beginning in April 2024, following the conclusion of the Winter season. A maximum of 10 vehicles will be pulled out of service at any given time to undergo administrative processing. As a vehicle is registered and returned to service, another vehicle will enter the transfer process. Vehicles will be D-6 transferred to the RTA as expeditiously as possible, with the expectation that all vehicles will be registered to the RTA and enter RTA service by the start of the Winter 2024 season in late November. The RTA and Eagle County will enter into appropriate agreements to allow for continued operations by the other party, as applicable, following the transfer of ownership, until the full transition of operations to the RTA is complete. It is expected that the operating party will responsible for all legal liabilities, provision of insurance, and similar requirements associated with vehicle operations. Three Avon Transit vehicles will be transferred to the RTA on a no-cost basis, to serve routes previously operated by Avon Transit that are being incorporated into the RTA. If necessary, this transfer will include the transfer of all grant liabilities or CDOT liens. These vehicles will be transferred together at the conclusion of Avon’s Winter 2023-2024 season. No vehicles owned by Vail Transit or Beaver Creek Transit are currently expected to transfer to the RTA. Any future vehicle transfers will be governed by terms set by the RTA and the relevant jurisdiction. Transit Facilities: ECO Transit currently operates out of multiple facilities. These include County-owned facilities such as the Maintenance Service Center (MSC) in Gypsum, the Leadville Bus Barn, bus shelters, and park and rides; Avon’s Swift Gulch facility; and the Vail Transportation Center (VTC). Some of these facilities will be transferred to the RTA while others will continue to host operations and/or maintenance under new IGAs with mutually negotiated provisions. County-owned Facilities Gypsum MSC ECO Transit occupies a portion of this County owned facility. Accommodations will be made over the short term for the RTA to continue operating out of this facility via an IGA or other appropriate lease/agreement. It is Eagle County’s expectation that the terms of this facility use agreement will be equivalent to terms offered by Avon, Vail, or any other member jurisdiction that may house RTA facilities in the future. D-7 At the outset, the IGA will include all areas currently included in ECO Transit’s existing space allocation, i.e. the bus barn/storage area, and ECO Transit staff offices in buildings A and B. Note that this facility is on Airport owned land and is subject to FAA lease/operating terms. Lease rates will be calculated based on fair market value rates in the area. Lease terms will not exceed the maximum years allowed by FAA regulations. Leadville Bus Barn The County owns a bus barn in Leadville. ECO Transit currently bases two vehicles at this facility and rents remaining space to Summit Stage. The County will continue to own and maintain this facility, renting the currently occupied space to the RTA at cost. The County will continue to rent space to Summit Stage at its discretion. Bus Shelters and Park and Rides The RTA will assume responsibility for planning, construction, and maintenance of shelters and Park and Rides by December 31, 2024. Eagle County will retain ownership of all land and right of way, unless and until transferred to the RTA. All necessary easements shall be in place by December 31, 2024, and include appropriate liability insurance policies. A list of these assets is included in Attachment A. Avon-owned Facilities Avon Regional Transit Facility (Swift Gulch) The Avon Regional Transit Facility was built just over 10 years ago with assistance of Federal TIGER grant funding. The facility was always envisioned to serve as the up-valley hub to support regional transit in addition to serving Avon’s transit. Swift Gulch serves as a secondary base for vehicles storage and maintenance. It is anticipated that this facility will increase in importance as a mid-Valley operating base for the RTA. Operations out of this facility are currently governed by an IGA. Under current terms, ECO Transit pays a per-bay fee plus a proportional share of Capital, Operations and Maintenance ("O&M"), and Asset Management costs. Capital and Asset Management charges are fixed for the term of the Agreement. O&M Costs are audited each year and subject to change upon written notice by the Town of Avon no later than June 1 of any given year, with any changes effective by January 1 of the succeeding year. Maintenance and fueling activities performed by Avon/Swift Gulch staff are charged an hourly rate plus materials at a 15% markup. ECO Transit currently rents 9 spaces under this agreement. D-8 Avon and the RTA will conclude a new IGA to take effect no later than January 1, 2024. The terms of the new IGA will, at a minimum, be similar to the terms of the existing IGA between Eagle County and the Town of Avon, included as Attachment B. Going forward, Avon has begun a design process to construct a new Public Works facility with the intent to move all Operations, Engineering and Building and Facilities personnel and operations out of the Avon Regional Transit Facility. The target date for this move is 2025, after which the Avon Regional Transit Facility footprint could be expanded to support the RTA’s regional transit operations. Avon has already begun seeking potential design and construction grants to expand the Avon Regional Transit Facility in anticipation of this future need. Vail-owned Facilities Vail Transportation Center ECO Transit has an IGA with the Town of Vail for use of the Customer Service Booth and to operate out of the facility, included as Attachment C. This IGA will be renegotiated between the RTA and Town of Vail, with a new IGA to take effect no later than January 1, 2024. The terms of the new IGA will, at a minimum, be similar to the terms of the existing IGA between Eagle County and the Town of Avon. The Town of Vail is currently developing plans to expand and upgrade its public works facilities. This new facility will provide additional overnight vehicle storage and charging capacity. In the event an RTA is formed, Vail anticipates allocating some of this additional space to RTA vehicles. The Town of Vail is currently developing plans to expand and upgrade the Vail Transportation Center facility into a full-scale mobility hub. This work includes the expansion of the capacity of the facility to handle the increased use for all transit providers including ECO/RTA as they expand, and to provide charging capabilities for electric transit vehicles as the fleets transition. This is the busiest stop in the entire ECO Transit system. This project is currently in the CDOT 10-year plan at a value of $15.0M and was the number one transit project in the Intermountain planning region. The town recently applied for a $1.5M Multimodal Options Fund (MMOF) expenditure which the town is providing half as a match and the MMOF Grant the other half to begin design work for this facility. ECO Transit current operations benefit from operating out of this facility which provides heated waiting areas, bathrooms, as well as transit bays, and the Town of Vail has paid for all operations, maintenance and capital investments over the years. It is expected the D-9 RTA will continue to operate out of the facility on the same terms as ECO Transit’s current use of the facility. Lionshead Transit Center ECO Transit’s current operations benefit from operating out of this facility which provides heated waiting areas, bathrooms, as well as transit bays and the town has paid for all operations, maintenance and capital investments over the years. It is expected the RTA would continue to operate out of the facility on the same terms as ECO Transit’s current use of the facility. Other Facilities Lake Creek Village ECO Transit operations at this facility are currently authorized under an encroachment license with the property owner. This encroachment license will be transferred to the RTA as soon as possible, but no later than December 31, 2024. Phase 4: Transfer of Administrative Responsibilities and Personnel During the transition period, the RTA will make specific decisions regarding the number of direct-hire staff needed and what, if any, administrative and technical functions may be contracted out. ECO Transit is only partially staffed with respect to these organizational functions and as a result pays an annual “administrative service fee” to the County for providing these services. This fee is based on a percentage of ECO’s budget and varies from year to year, but it is generally around $600k. Contracts for functions that must be stood up independently such as Legal, Finance, and HR are expected to be executed during Phase 1 of the transition prior to any transfer of revenues or other responsibilities. As staffing decisions are made, existing ECO Transit personnel with satisfactory performance records and relevant qualifications may be transitioned from the County to the RTA. Notwithstanding anything herein to the contrary, the County will retain sufficient revenue pledged to the RTA to offset the costs of all of its personnel until they transition to the RTA, or other arrangements are made. All decisions regarding the transfer of administrative personnel shall be made by January 1, 2024. The RTA and County will use best efforts to minimize disruptions to retained personnel during the transfer period. Administrative personnel will be eligible to be transitioned once Eagle County confirms adequate administrative and financial procedures are in place. Staff positions that may be impacted during an initial round of transitions are: D-10 Position Associated FTE ECO Transit Director 1 ECO Administrative and Customer Service Staff 4 ECO Transit Technology Staff 2 ECO Transit Planning Staff 1 Total Impacted FTE 8 Some specific considerations have already been identified with respect to Information Technology (IT) and the assumption of responsibility for State and Federal grant agreements. These are outlined below. Specific Needs Related to Information Technology: ECO Transit uses technology software and hardware that to a large extent are a part of the overall Eagle County IT ecosystem. The implementation of this technology ecosystem was never designed with any thought towards breaking off the ECO Transit components and operating them independently. Note that of the technology software and hardware specific to ECO Transit, much of it is legacy technology that is currently under review for both right-sizing and potential transition to a cloud-based model, whether or not RTA formation is successful. Standing up a sustainable and independent technology function within 24 months of RTA formation may be impractical and cost prohibitive due to the lead time and resources necessary. RTA and Eagle County may determine to enter into an IGA for technology services until the RTA stands up its own capacity. Some specific technology functions that should be addressed and related considerations include: Backend Hardware: Server instances are highly virtualized and both server and storage hardware is shared across all departments. Actual individual hardware components D-11 involved are fairly minimal in number, with system redundancy considerations being a significant element of overall design. It would be difficult to separate single pieces of hardware from one another and still have acceptable system redundancy (for both Eagle County and / or the RTA). Provisions for shared access to this hardware should be included in a future IGA until the RTA no longer operates at the Gypsum MSC or makes other arrangements for servers/storage. Backend Software: Eagle County IT provides ECO Transit with both Enterprise software that is common to all Eagle County departments, as well as Line of Business (LOB) software unique to ECO's specific operating needs. Regarding the Enterprise software (Financials, HR / Payroll, Office Productivity, etc.), the RTA should select and implement their own systems based upon perceived needs and costs. The RTA should begin the process of identifying and contracting vendors for this process during the Phase 1 Administrative Establishment period. In general, LOB software can be transferred to the RTA. The main issue centers on the highly complex Clever Devices CleverWorks solution which forms the backbone of ECO’s vehicle location, communication, and data collection systems. ECO Transit currently has a vision of replacing CleverWorks with a more fit for purpose system. Assuming the short term outlook for this application, it would likely not make sense to invest in the required technology hardware and personnel resources necessary to port this system over to the RTA. Arrangements should be made within the IGA for Eagle County IT to continue providing support to this function until a new software system is identified and implemented, ideally by December 21, 2024. Eagle County’s Fleet Department currently maintains all official maintenance records related to transit vehicles owned by Eagle County. Provisions should be made for the eventual transfer of these records prior to the initiation of any vehicle transfers. Networking Hardware / Software: The Gypsum MSC is one of ECO’s primary operating locations and is expected to remain so during and after the transition to an RTA. The MSC also provides office space and facilities for a combination of other Eagle County departments which all depend on Eagle County networking services in order to utilize their various software applications. In general, all networking equipment located at the MSC will continue to be necessary to support ongoing Eagle County department operations, and therefore cannot be transferred to the RTA. Where there are exceptions, such as the fixed outdoor wireless antennas used to communicate data between buses and CleverWorks, these items may be transferred at cost. Additionally, transferring over any maintenance agreement aspects related to the networking hardware and software may or may not be viable. Arrangements should be made within the IGA for Eagle County D-12 IT to continue providing support for these functions indefinitely. This arrangement would require the RTA and associated users to comply with all Eagle County requirements regarding network security or forfeit access to the system. Personal Computers: Personal computers assigned to ECO Transit staff can be physically transferred to the RTA if desired by both parties. Potential issues that may arise are associated with the privacy considerations (data on the PC) as well as software licensing. Prior to any transfer Eagle County IT will format the PC hard drives, wiping all data and rebuilding with software licensed by RTA. Any equipment transferred will be transferred at cost. Peripheral Equipment: Printers / scanners, etc. County owned devices can simply be physically transferred over to the RTA. Multi function printers may require contractual amendments in order to move over any applicable maintenance function. Any equipment transferred will be transferred at cost. Software Licenses: 1) Vendor licensing pertaining to LOB software can likely be transferred to the RTA given requisite contracting amendments are implemented. 2) Enterprise software licensing will likely require new purchases / agreements 3) Windows Operating System licenses likely can not be transferred and will have to be purchased as well. Voice Services: County provided cellular phones can be transferred if the RTA wants to provide such a service to their staff. Traditional voice phone service will require the RTA to implement its own voice system. State and Federal Grant Agreements: ECO Transit accesses state and federal grant dollars for administrative and operating costs, rolling stock replacement, as well as other capital and/or planning projects. All ongoing capital grants and related reporting requirements will transfer to the RTA at the beginning of CDOT’s 2025 fiscal year (July 1, 2024). The RTA will apply for state capital and operating grants as a separate entity from CDOT’s FY 2025 onwards, with the expectation that all of these elements will be fully transitioned by the beginning of CDOT’s 2025 fiscal year (July 1, 2024). D-13 Phase 5a: Transfer of Vehicle Maintenance Responsibilities and Personnel ECO Transit Fleet vehicles are currently maintained by Eagle County’s Fleet Department, with some services performed by the Town of Avon under an IGA. There are 2.5 Fleet Care Technicians/Transit Vehicle Detailers that are current employees of the ECO Transit department, along with one Fleet Asset Supervisor. Fleet Maintenance: Costs for maintenance, fueling, lubricants, parts, etc. are budgeted in the ECO Transit fund and paid via departmental transfer. Estimated costs are based on estimated (budget) and actual service hours. Upon RTA formation, it is assumed that Eagle County’s fleet department will continue to provide these services for the RTA via an IGA with specified hours and costs, on terms similar to those contained in the sample IGAs included as Attachment D. The RTA will not be under any long term obligation to continue to utilize Eagle County’s fleet department. The Town of Avon performs fueling and limited maintenance for ECO Transit vehicles housed at the Swift Gulch facility via an IGA. Service is performed at the Fleet Maintenance Facility adjacent to the Avon Regional Transit Facility. Approximately 65- 70% of the operations are fleet maintenance for vehicles and rolling stock for other public entities. Beaver Creek and ECO Transit buses are a substantial portion of this other local government maintenance work. Avon intends to continue offering fleet maintenance service at cost. Specific provisions for fleet maintenance performed at this facility will be included in the new IGA between the RTA and the Town of Avon referenced elsewhere in the Transition Plan. A sample of this IGA is included as Attachment B. Eagle County’s Fleet Department currently maintains all official maintenance records related to transit vehicles owned by Eagle County. Provisions should be made for the eventual transfer of these records prior to the initiation of any vehicle transfers. Transit Fleet Care Team: ECO Transit currently employs one Fleet Asset Supervisor, two full-time year-round Transit Fleet Care Technicians, and one winter seasonal Fleet Care Technician. As staffing decisions are made, existing ECO Transit personnel with satisfactory performance records and relevant qualifications may be transitioned from the County to the RTA. Notwithstanding anything herein to the contrary, the County will retain sufficient D-14 revenue pledged to the RTA to offset the costs of all of its personnel until they transition to the RTA or other arrangements are made. All decisions regarding the transition of Fleet Care personnel shall be made by April 30, 2024. The RTA and County will use best efforts to minimize disruptions to retained personnel during the transition period. Staff positions that may be impacted during this round of transitions include: Position Associated FTE Fleet Asset Supervisor 1 Fleet Care Technicians 2.5 (includes a Winter seasonal position) Total Impacted FTE 3.5 Phase 5a: Transfer of Transit Facility Maintenance Responsibilities and Personnel Trail and Facility Maintenance Personnel: ECO Transit and ECO Trails currently share 3 FTE with combined responsibilities for Transit and Trails maintenance. One of these three positions is currently funded by ECO Trails. As staffing decisions are made, existing ECO Transit personnel with satisfactory performance records and relevant qualifications may be transitioned from the County to the RTA. Notwithstanding anything herein to the contrary, the County will retain sufficient revenue pledged to the RTA to offset the costs of all of its personnel until they transition to the RTA or other arrangements are made. All decisions regarding the transition of Transit/Trails Maintenance personnel shall be made by April 30, 2024. The RTA and County will use best efforts to minimize disruptions to retained personnel during the transition period. Staff positions that may be impacted during an initial round of transitions are: D-15 Position Associated FTE Transit/Trails Maintenance Supervisor 1 Transit Trails Maintenance Technicians 2 Total Impacted FTE 3 Eagle County may also choose to retain the FTE position currently funded by trails and/or add additional personnel to be paid in the future out of the Trails budget. Maintenance responsibilities related to the existing Eagle Valley Trail could also be included as a component of the future IGA for services between Eagle County and the RTA. Costs associated with any maintenance agreement(s) will be subtracted from the RTA’s obligations to Eagle County. Phase 6: Full Transfer of Operational Responsibilities and Personnel Full transfer of operational responsibilities and personnel will take place during the last stage of transition, with the expectation the RTA will be responsible for either direct operation or contract administration related to all functions by the start of the 2024 Winter season in November. Operations Personnel: As staffing decisions are made, existing ECO Transit personnel with satisfactory performance records and relevant qualifications may be transitioned from the County to the RTA. Notwithstanding anything herein to the contrary, the County will retain sufficient revenue pledged to the RTA to offset the costs of all of its personnel until they transition to the RTA or other arrangements are made. All decisions regarding the transition of Operations personnel shall be made but no later than July 31, 2024. The RTA and County will use best efforts to minimize disruptions to retained personnel during the transition period. Staff positions that may be impacted during this round of transitions are: D-16 Position Associated FTE Operations Manager 1 Safety and Training Supervisor 1 Road Supervisors 4 Dispatchers 4 Bus Operators 51 Total Impacted FTE 61 Attachments: ATTACHMENT A - INVENTORY OF ECO TRANSIT ASSETS ATTACHMENT B - SAMPLE SWIFT GULCH IGA ATTACHMENT C - SAMPLE VAIL TRANSPORTATION CENTER IGA ATTACHMENT D - SAMPLE IGA FOR COUNTY FLEET SERVICE BC0043 Bldg Imp 2009 Berry Creek Childcare building improvements Facilities Manag - 190-Facilities Management 12/31/2009 $15,043.09 LBS001 Bldg Leadville Bus Storage Facility Facilities Manag - 190-Facilities Management 12/31/2008 $1,172,677.33 840401 Equipment-Heavy Vehicles 2005 Gillig Phantom Transit 40' Bus #865 ECO Trans - 405-ECO Transit Authority 05/02/2005 $290,427.00 840501 Equipment-Heavy Vehicles 2005 Gillig Phantom Transit 40' Bus #866 ECO Trans - 405-ECO Transit Authority 05/02/2005 $290,427.00 848901 Equipment-Heavy Vehicles 2006 Gillig BRT Low Floor Transit Bus #867 ECO Trans - 405-ECO Transit Authority 08/03/2006 $343,794.00 849001 Equipment-Heavy Vehicles 2006 Gillig BRT Low Floor Transit Bus #868 ECO Trans - 405-ECO Transit Authority 08/30/2006 $343,794.00 858001 Equipment-Heavy Vehicles 2007 Gillig BRT Low Floor Bus #871 ECO Trans - 405-ECO Transit Authority 11/01/2007 $371,363.00 858101 Equipment-Heavy Vehicles 2007 Gillig BRT Low Floor Bus #872 ECO Trans - 405-ECO Transit Authority 11/01/2007 $371,363.00 858201 Equipment-Heavy Vehicles 2007 Gillig BRT Low Floor Bus #873 ECO Trans - 405-ECO Transit Authority 11/01/2007 $360,363.00 858301 Equipment-Heavy Vehicles 2007 Gillig BRT Low Floor Bus #874 ECO Trans - 405-ECO Transit Authority 11/01/2007 $360,363.00 858401 Equipment-Heavy Vehicles 2007 Gillig BRT Low Floor Bus #875 ECO Trans - 405-ECO Transit Authority 11/01/2007 $360,363.00 859301 Equipment-Heavy Vehicles 2008 Gillig Low Floor Transit Bus #876 ECO Trans - 405-ECO Transit Authority 12/17/2008 $372,919.00 859401 Equipment-Heavy Vehicles 2008 Gillig Low Floor Transit Bus #877 ECO Trans - 405-ECO Transit Authority 12/17/2008 $372,919.00 859501 Equipment-Heavy Vehicles 2008 Gillig BRT Low Floor Transit Bus #879 ECO Trans - 405-ECO Transit Authority 12/17/2008 $361,919.00 859601 Equipment-Heavy Vehicles 2008 Gillig Low Floor Transit Bus #878 ECO Trans - 405-ECO Transit Authority 12/17/2008 $361,919.00 864401 Equipment-Heavy Vehicles 2009 Gillig BRT Low Floor Transit Bus #880 ECO Trans - 405-ECO Transit Authority 10/28/2009 $379,893.00 864501 Equipment-Heavy Vehicles 2009 Gillig BRT Low Floor Transit Bus #881 ECO Trans - 405-ECO Transit Authority 10/29/2009 $379,893.00 864601 Equipment-Heavy Vehicles 2009 Gillig BRT Low Floor Transit Bus #882 ECO Trans - 405-ECO Transit Authority 10/30/2009 $363,924.00 866101 Equipment-Heavy Vehicles 2010 Gillig BRT Low Floor Transit Bus #884 ECO Trans - 405-ECO Transit Authority 10/29/2010 $383,488.00 866201 Equipment-Heavy Vehicles 2010 Gillig BRT Low Floor Transit Bus #883 ECO Trans - 405-ECO Transit Authority 10/28/2010 $383,488.00 866301 Equipment-Heavy Vehicles 2010 Chevrolet Paratransit Bus # 455 ECO Trans - 405-ECO Transit Authority 05/20/2010 $111,715.50 869901 Equipment-Heavy Vehicles 2012 Gillig BRT Low Floor Transit Bus #885 ECO Trans - 405-ECO Transit Authority 12/12/2012 $426,269.00 872901 Equipment-Mach & Equip Jetsort Cash Counting Machine ECO Trans - 405-ECO Transit Authority 12/04/2013 $11,822.00 873001 Equipment-Heavy Vehicles 2013 Gillig Low Floor BRT Transit Bus #889 ECO Trans - 405-ECO Transit Authority 10/18/2013 $429,490.00 873101 Equipment-Heavy Vehicles 2013 Gillig Low Floor BRT Transit Bus #888 ECO Trans - 405-ECO Transit Authority 10/17/2013 $429,490.00 873201 Equipment-Heavy Vehicles 2013 Gillig Low Floor BRT Transit Bus #886 ECO Trans - 405-ECO Transit Authority 10/16/2013 $429,490.00 873301 Equipment-Heavy Vehicles 2013 Gillig Low Floor BRT Transit Bus #887 ECO Trans - 405-ECO Transit Authority 10/16/2013 $429,490.00 873501 Equipment-Heavy Vehicles 2007 Gillig LF BRT #869 ECO Trans - 405-ECO Transit Authority 03/19/2013 $28,000.00 873601 Equipment-Heavy Vehicles 2007 Gillig LF BRT #870 ECO Trans - 405-ECO Transit Authority 03/19/2013 $28,000.00 876201 Equipment-Heavy Vehicles 2014 Gillig BRT Low Floor Transit Bus #890 ECO Trans - 405-ECO Transit Authority 12/10/2014 $443,839.00 Eagle County Government Asset Listing Effective Date: 12/31/2021 Number Classification Description Responsible Department Acquisition Date Original Purchase Price User: Jessica Clark Pages: 1 of 5 12/13/2021 12:19:57 PM 876301 Equipment-Heavy Vehicles 2014 Gillig Low Floor BRT Transit Bus, 40' #891 ECO Trans - 405-ECO Transit Authority 12/10/2014 $443,839.00 883101 Equipment-Heavy Vehicles 2015 Glaval Bus Entourage (Cutaway) #456 ECO Trans - 405-ECO Transit Authority 02/10/2016 $125,935.00 883201 Equipment-Heavy Vehicles 2015 Glaval Bus Entourage (Cutaway) #457 ECO Trans - 405-ECO Transit Authority 02/10/2016 $123,065.00 883601 Equipment-Heavy Vehicles 2016 Glaval Bus Entourage (Cutway) #458 ECO Trans - 405-ECO Transit Authority 11/04/2016 $125,908.00 883701 Equipment-Heavy Vehicles 2017 Arboc Spirit of Mobility Bus #459 ECO Trans - 405-ECO Transit Authority 10/04/2016 $135,749.00 883801 Equipment-Mach & Equip Stationary Vault ECO Trans - 405-ECO Transit Authority 04/28/2016 $117,505.00 886401 Equipment-Heavy Vehicles 2017 Gillig Low Floor BRT Transit Bus 40' - #892 ECO Trans - 405-ECO Transit Authority 08/14/2017 $434,885.00 886501 Equipment-Heavy Vehicles 2017 Gillig Low Floor BRT Transit Bus 40'- #893 ECO Trans - 405-ECO Transit Authority 08/14/2017 $434,885.00 886601 Equipment-Heavy Vehicles 2017 Gillig Low Floor BRT Transit Bus 40'- #894 ECO Trans - 405-ECO Transit Authority 08/14/2017 $434,885.00 886701 Equipment-Heavy Vehicles 2017 Arboc Spirit of Mobility - #460 ECO Trans - 405-ECO Transit Authority 08/18/2017 $149,336.00 890901 Equipment-Heavy Vehicles 2018 Gillig Transit Bus #896 ECO Trans - 405-ECO Transit Authority 09/17/2018 $465,915.00 891001 Equipment-Heavy Vehicles 2018 Gillig Transit Bus #895 ECO Trans - 405-ECO Transit Authority 09/17/2018 $465,915.00 893201 Equipment-Heavy Vehicles 2018 Arboc Spirit of Mobility ECO Trans - 405-ECO Transit Authority 11/16/2018 $154,887.00 895101 Equipment-Mach & Equip Odyssey Farebox ECO Trans - 405-ECO Transit Authority 06/11/2018 $13,369.75 895201 Equipment-Mach & Equip Odyssey Farebox ECO Trans - 405-ECO Transit Authority 06/11/2018 $13,369.75 895301 Equipment-Heavy Vehicles Gillig "Low Floor BRT' Transit Bus 40 Foot Length #897 ECO Trans - 405-ECO Transit Authority 09/25/2019 $463,261.00 895401 Equipment-Heavy Vehicles Gillig "Low Floor BRT' Transit Bus 40 Foot Length #898 ECO Trans - 405-ECO Transit Authority 06/27/2019 $463,261.00 895501 Equipment-Heavy Vehicles Gillig "Low Floor BRT" Transit Bus 40 Foot Length #899 ECO Trans - 405-ECO Transit Authority 06/28/2019 $463,261.00 895701 Equipment-Mach & Equip Odssey Farebox ECO Trans - 405-ECO Transit Authority 08/20/2019 $14,505.75 895801 Equipment-Mach & Equip Odssey Farebox ECO Trans - 405-ECO Transit Authority 08/20/2019 $14,505.75 895901 Equipment-Mach & Equip Odssey Farebox ECO Trans - 405-ECO Transit Authority 08/20/2019 $14,505.75 BG0048 Bldg Imp Leadville Bus Barn ECO Trans - 405-ECO Transit Authority 12/31/1997 $52,540.00 EC0001 Land Leadville Land Purchase ECO Trans - 405-ECO Transit Authority 12/31/2007 $165,607.00 ECO002 Equipment-Comp Software Para Transit Software ECO Trans - 405-ECO Transit Authority 12/31/2014 $20,890.28 ECO003 Equipment-Comp Software ECO AVM System ECO Trans - 405-ECO Transit Authority 08/11/2014 $50,782.64 ECO004 Equipment-Mach & Equip ECO Video Surveillance Equipment ECO Trans - 405-ECO Transit Authority 10/31/2014 $113,930.00 ECO005 Equipment-Comp Software ECO Pass Auto Fare Media ECO Trans - 405-ECO Transit Authority 05/31/2014 $24,894.34 LBS002 Bldg Imp 2015 Leadville Bus Storage Facility Building Improvements (Solar) ECO Trans - 405-ECO Transit Authority 11/02/2015 $43,990.00 Eagle County Government Asset Listing Effective Date: 12/31/2021 Number Classification Description Responsible Department Acquisition Date Original Purchase Price User: Jessica Clark Pages: 2 of 5 12/13/2021 12:19:57 PM TR0001 Bldg 1998 Construction of Bus Shelters ECO Trans - 405-ECO Transit Authority 01/01/1999 $63,589.00 TR0002 Bldg 1999 Construction of Bus Shelters ECO Trans - 405-ECO Transit Authority 01/01/2000 $154,939.00 TR0003 Bldg 2001 Bus Shelter Construction ECO Trans - 405-ECO Transit Authority 01/01/2002 $161,532.00 TR0025 Land Imp Eagle Park-n-Ride Parking Lot ECO Trans - 405-ECO Transit Authority 12/03/1999 $187,188.00 TR0030 Bldg Imp ECO PV Lighting System for Bus Shelters in Eagle County ECO Trans - 405-ECO Transit Authority 11/01/2000 $41,575.00 TR0033 Equipment-Comm Equip 800 Mhz Upgrade ECO Trans - 405-ECO Transit Authority 12/31/2000 $104,973.00 TR0039 Land Imp Shelter 53-Eagle Valley HS Parking Lot Paving ECO Trans - 405-ECO Transit Authority 11/12/2002 $28,787.00 TR0045 Bldg Shelter 100 - Lake Creek Village Apts - Lake Creek Com Station ECO Trans - 405-ECO Transit Authority 12/26/2002 $11,343.00 TR0047 Land Imp Shelter 79-Minturn Forest Service Land Improvements ECO Trans - 405-ECO Transit Authority 12/31/2003 $50,878.00 TR0050 Bldg Shelter 30 - Bear Lot ECO Trans - 405-ECO Transit Authority 05/23/2006 $24,264.00 TR0052 Bldg Shelter 32 - Forest Service ECO Trans - 405-ECO Transit Authority 12/31/2007 $17,763.00 TR0053 Bldg Stone Creek Bus Shelter #33 ECO Trans - 405-ECO Transit Authority 12/31/2007 $17,297.00 TR0057 Bldg Colorado Mountain College, West Bus Shelter #35 ECO Trans - 405-ECO Transit Authority 12/02/2008 $11,430.78 TR0061 CIP Eagle River Village - MHP Bus Shelter ECO Trans - 405-ECO Transit Authority 12/31/2018 $20,980.00 TR8441 Equipment-Heavy Vehicles Proterra Inc Electric Bus 31502.Electric Bus VV/5339 ECO Trans - 405-ECO Transit Authority 10/28/2020 $985,041.00 TR8442 Equipment-Heavy Vehicles Proterra Inc Electric Bus 31502.Electric Bus VV/5339 ECO Trans - 405-ECO Transit Authority 11/02/2020 $985,041.00 TR8443 Equipment-Heavy Vehicles Proterra Inc Electric Bus 31502.Electric Bus VV/5339 ECO Trans - 405-ECO Transit Authority 11/02/2020 $985,041.00 ECO001C Equipment-Comp Software AVL/CAD Software ECO Trans - 405-ECO Transit Authority 12/31/2014 $1,001,890.72 TR0051R Bldg Miller Ranch Replacement Bus Shelter #31R ECO Trans - 405-ECO Transit Authority 12/31/2008 $12,288.17 TR0058C Bldg Freedom Park Bus Shelter ECO Trans - 405-ECO Transit Authority 11/18/2019 $205,907.53 TR0059C Bldg Avon Station Bus Shelter ECO Trans - 405-ECO Transit Authority 12/09/2019 $108,239.83 TR0060C Bldg Dotsero Mobile Home Park Bus Shelter ECO Trans - 405-ECO Transit Authority 08/15/2019 $37,806.59 TR0063c Equipment-Mach & Equip Proterra Inc Electric Bus Charger - Avon Regional Transportation Facility - 500 Swift Gulch Road (corrected for accounting cat) ECO Trans - 405-ECO Transit Authority 11/30/2020 $144,818.11 TR0064c Equipment-Mach & Equip Proterra Inc Electric Bus Charger - Avon Regional Transportation Facility - 500 Swift Gulch Road (corrected for accounting cat) ECO Trans - 405-ECO Transit Authority 11/30/2020 $144,818.10 Eagle County Government Asset Listing Effective Date: 12/31/2021 Number Classification Description Responsible Department Acquisition Date Original Purchase Price User: Jessica Clark Pages: 3 of 5 12/13/2021 12:19:57 PM TR0065c Equipment-Mach & Equip Proterra Inc Electric Bus Charger - Avon Regional Transportation Facility - 500 Swift Gulch Road (corrected for accounting cat) ECO Trans - 405-ECO Transit Authority 11/30/2020 $144,818.11 858501 Equipment-Mach & Equip 2008 Toolcat Work Machine EV Trails - 606-EV Trails 04/02/2008 $42,065.00 894501 Equipment-Mach & Equip 2019 John Deere 1025R Tractor Mower EV Trails - 606-EV Trails 09/16/2019 $22,279.38 BC0085 Infrastructure-Trails Freedom Park Parking Spots EV Trails - 606-EV Trails 12/31/2007 $28,994.00 TRL001 Infrastructure-Trails Edwards Bike Path EV Trails - 606-EV Trails 05/06/1999 $275,000.00 TRL002 Infrastructure-Trails E Edwards Trail EV Trails - 606-EV Trails 01/01/2001 $78,702.00 TRL004 Infrastructure-Trails Willits Trail Funding EV Trails - 606-EV Trails 11/16/2000 $15,000.00 TRL005 Infrastructure-Trails Honeywagon Trail Project EV Trails - 606-EV Trails 12/22/2000 $35,000.00 TRL006 Infrastructure-Trails Eagle Vail Trail EV Trails - 606-EV Trails 12/31/2005 $677,886.00 TRL007 Infrastructure-Trails Donavan/Honeywagon Trail EV Trails - 606-EV Trails 01/01/2002 $103,165.00 TRL010 Infrastructure-Trails 2000 E Edwards Trail Project EV Trails - 606-EV Trails 12/31/2000 $486,034.00 TRL013 Infrastructure-Trails Avon to Dowd Trail Project EV Trails - 606-EV Trails 12/20/2002 $22,884.00 TRL030 Infrastructure-Trails Avon to Dowd Trail Phase I EV Trails - 606-EV Trails 12/31/2006 $65,910.00 TRL040 Infrastructure-Trails Gypsum Dotsero Trail Phase I EV Trails - 606-EV Trails 12/31/2006 $34,508.00 TRL051 Infrastructure-Trails Eagle to Gypsum Trail EV Trails - 606-EV Trails 12/31/2007 $1,214,689.00 TRL063 CIP Avon to Eagle-Vail Phase 4, Business District Construction in Progress EV Trails - 606-EV Trails 12/31/2015 $25,618.40 TRL064 CIP Avon to Eagle-Vail, Business District to Kayak Crossing Trail 1152-191-8160.99 31904.Phase5 EV Trails - 606-EV Trails 12/31/2020 $42,845.90 TRL065 CIP Dowd Junction Trail 1152/2150-191-8160.99 31915.Down Junction EV Trails - 606-EV Trails 12/31/2020 $13,143.25 TRL071 Infrastructure-Trails Cooley Mesa Trail EV Trails - 606-EV Trails 12/31/2008 $25,793.75 TRL041C Infrastructure-Trails Gypsum to Dotsero Phases V I-70 Overpass of Hwy 6 to River Road EV Trails - 606-EV Trails 12/31/2014 $367,669.66 TRL043C Infrastructure-Trails Gypsum to Dotsero Phases 2 and 3 BLM Horse Pasture to BLM Lava Parcel EV Trails - 606-EV Trails 12/31/2014 $709,893.48 TRL052B Infrastructure-Bridges 2019 Addition from CIP EV Trails - 606-EV Trails 12/31/2019 $127,569.16 TRL052C Infrastructure-Trails Eagle to Horn Ranch Trail EV Trails - 606-EV Trails 12/31/2019 $7,891,561.15 TRL060C Infrastructure-Trails Avon to Eagle-Vail Phase II Post Blvd to I-70 Ramp EV Trails - 606-EV Trails 12/31/2012 $1,880,542.05 TRL061C Infrastructure-Trails Avon to Eagle-Vail Phase 1, Avon Rd to Post Blvd EV Trails - 606-EV Trails 12/31/2014 $590,002.39 TRL062C Infrastructure-Trails Avon to Eagle-Vail Trail - Phase 3 - Avon Trail EV Trails - 606-EV Trails 12/31/2014 $81,633.15 Eagle County Government Asset Listing Effective Date: 12/31/2021 Number Classification Description Responsible Department Acquisition Date Original Purchase Price User: Jessica Clark Pages: 4 of 5 12/13/2021 12:19:57 PM Bridge Grand Total:108 Assets $36,463,965.59 Eagle County Government Asset Listing Effective Date: 12/31/2021 Number Classification Description Responsible Department Acquisition Date Original Purchase Price User: Jessica Clark Pages: 5 of 5 12/13/2021 12:19:57 PM VEHICLE INVENTORY FUNDING Bus Number Year VIN Funding Purchase Price % Federal $ Federal % Local $ Local Grant Amount Grant PO # Lien Maturity Date ($-  ) ($1,132,037)291001283 886 2013 15GGD2710D1183048 5309 ($429,490)66%($283,009)34%($146,481)2023 887 2013 15GGD2712D1183049 5309 ($429,490)66%($283,009)34%($146,481)2023 888 2013 15GGD2719D1183050 5309 ($429,490)66%($283,009)34%($146,481)2023 889 2013 15GGD2710D1183051 5309 ($429,490)66%($283,009)34%($146,481)2023 ($-) ($663,200) 291001488 890 2014 15GGD2715E1183077 5311 ($443,839)75%($331,600)25%($112,239)2024 891 2014 15GGD2717E1183078 5311 ($443,839)75%($331,600)25%($112,239)2024 892 2017 15GGD2719H3188873 5311 ($434,885)78%($340,000)22%($94,885) ($340,000) 491000709 2027 5311 48%($ 60,000) ($ 180,000) 491000708 2025 456 2015 1FDGF5GT2FED21023 FASTER ($125,935)13%($16,666) 39%($49,269) ($50,000) 491000717 2025 5311 48%($ 60,000) ($ 180,000) 491000708 2025 457 2015 1FDGF5GTXFED21027 FASTER ($125,935)13%($16,667) 39%($49,268) ($50,000) 491000717 2025 5311 47%($ 60,000) ($ 180,000) 491000708 2026 458 2016 1FDGF5GT1GEC58885 FASTER ($126,908)13%($16,667) 40%($50,241) ($50,000) 491000717 2026 459 2017 1GB6GUBG0G1281023 5317 ($135,759)71%($96,000) 29%($39,759) ($96,000) 491000778 2027 460 2017 1GB6GUBL4G1276792 FSTR ($149,336)70%($104,000)30%($45,336) ($104,000) 491001178 2027 893 2017 15GGD2710H3188874 5339 ($434,885)79%($344,000)21%($90,885) ($344,000) 491001071 2027 894 2017 15GGD2712H3188875 Local ($434,885)0%($-) 100%($434,885)($-) N/A N/A 895 2018 15GGD2716J3191428 5339 ($465,915)79%($370,400)21%($95,515) ($370,400) 491001279 2028 896 2018 15GGD2718J3191429 5339 ($465,915)80%($372,732)20%($93,183) ($372,732) 491001291 2028 461 2018 1GB6GUBL3G1276069 5339 ($154,887)57%($ 88,000) 43%($ 66,887) ($ 88,000) 491001282 2028 ($1,111,827)491001458 897 2019 15GGD2716K3192497 5339 $463,261 80%($370,609)20%($ 92,652) 2029 898 2019 15GGD2718K3192498 5339 $463,261 80%($370,609)20%($ 92,652) 2029 899 2019 15GGD271XK3192499 5339 $463,261 80%($370,609)20%($92,652) 2029 201 2020 7JZTH13J6LL000282 VW Settlement $985,041 47%$467,567 $1,402,700 491002068 2030 5339(c)39%$383,334 14%$134,140 $1,150,000 491001931 2030 202 2020 7JZTH13J8LL000283 VW Settlement $985,041 47%$467,566 $1,402,700 491002068 2030 5339(c)39%$383,333 14%$134,142 $1,150,000 491001931 2030 203 2020 7JZTH13JXLL000284 VW Settlement $985,041 47%$467,567 $1,402,700 491002068 2030 5339(c)39%$383,333 14%$134,141 $1,150,000 491001931 2030 901 2021 15GGD2713M3195960 5339 $542,000 74%$400,000 26% $142,000 491002249 2031 903 2021 15GGD2717M3195962 5339 $542,000 74%$400,000 26% $142,000 491002249 2031 904 2021 15GGD2719M3195963 5339 $542,000 74%$400,000 26%$142,000 $1,200,000 491002249 2031 902 2021 15GGD2715M3195961 FSTR $542,000 74%$400,000 26%$142,000 $400,000 491002266 2031 905 2021 15GGD2710M3195964 Local $542,000 44%$237,161 56%$304,839 N/A N/A DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5 Approved As To Form: DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5 12/7/2021 DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5 DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5 I-70 REGIONAL TRANSPORTATION OPERATIONS FACILITY EXHIBIT A-7 LEASE PAYMENT CALCULATION LEASE RATES AND CHARGES Lease payment calculations consist of Capital, Operations and Maintenance (“O&M”), and Asset Management and will be charged as a budget neutral operation. Capital and Asset Management charges will remain fixed for the term of the Agreement. O&M costs will be audited each year and may be subject to change upon written notice by the Town of Avon no later than June1 of any given year, which adjustment shall take effect no sooner than January 1 of the succeeding year. DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5 DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5 DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5 EXHIBIT B-2 AVON FLEET MAINTENANCE SERVICE RATE SHEET 1. Contractor Services and Hourly Rate:At the verbal or written request of ECO Transit, Avon may provide repair andreplacement work for ECO buses. For any such repair or replacement services,ECO will pay Avon a unit hourly shop rate of $110.00 per hour for light dutyvehicles and equipment and $120.00 per hour for heavy duty vehicles andequipment which is the same rate as previous. Materials and sublet work shallbe charged at cost plus twenty-five percent (25%). 2. Fuel Rate:ECO Transit will pay Avon a unit fuel rate of cost plus $0.15/gallon. 3. Warranty:Contractor will perform all services in a prompt, efficient and workmanlikemanner. Contractor shall promptly correct any defective work. This warrantyshall be in lieu of all other warranties, express or implied. Contractor's soleliability hereunder, whether in tort or in contract, is expressly limited to thewarranty provided for herein. DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5 INTERGOVERNMENTALAGREEMENT FOR LEASEOF THE ECO TRANSITWELCOME CENTERSPACEAT THE VAILTRANSPORTATIONCENTER THISINTERGOVERNMENTALAGREEMENT ("Agreement") isenteredintothe day ofYYkl.lch. 2014, between theBoardofCountyCommissionersofEagleCounty, a body corporateandpolitic ("County"), andtheTownofVail, a Coloradomunicipalcorporation, hereinafterreferredtoasthe "Town"(individuallyat"Party"andcollectively,the"Parties"). RECITALS WHEREAS, theTownowns, operatesandmaintainstheVailTransportationCenter located at241SouthFrontageRoadEast, Vail, Colorado81657 (the"VTC"); and WHEREAS, theCountywishestoleasecertainspacewithintheVTC forbus-ticketsalesand theprovisionofinformationservicesconcerninglocalandregionaltransportation, as wellas informationregardingtheTown ofVail, VailResorts, Greyhound, and localhotelsand businesses; and WHEREAS, theTown iswillingtoleasesaidspacetotheCountyuponthetermsand conditionssetforthherein. NOW, THEREFORE, in considerationofthemutualpromisesand covenantsherein contained, andothergoodandvaluable consideration, thereceiptandsufficiencyofwhichare herebyacknowledgedbytheTownandtheCounty, thePartiesdoherebyagreeasfollows: 1. Term. Theinitialterm ("InitialTerm") ofthisIGAshallcommenceupon executionof thisAgreementbybothpartiesandshallendon December31, 2014, unlessearlierterminatedas hereinafterprovided. 2. RenewalTerm. AfterexpirationoftheInitialTerm, thisIGAshallautomaticallyrenew on thesametermsandconditionsforup tofive (5) additionalone-yearterms (each oneyear periodwillindividuallybereferredtoas a "RenewalTerm"). EachRenewal Termwill commenceon January1and end onDecember31 ofthesucceedingcalendaryear. 3. Premises. The TownherebygrantstotheCountytherighttoleaseandoccupythe followingspaceattheVTC: SpaceNo. 400consistingofanapproximately197squarefootarealocatedonlevel4ofthe VTC, moreparticularlydescribedinExhibitA, attachedheretoandincorporatedherein bythisreference. (the "Premises"). TheTownwillallowtheCountyto placeaTicketVendingMachineoutsideofspaceNo. 400 withaccesstopowerprovidedbytheTown. Areaoftheneededspacewillbeatleast3feet wideby2 feetdeep. 4. LeasePaymentAmount. As considerationforleaseofthePremisesunderthis Agreement,theCountyshall paytoVailforeachtermasfollows: Page1 of6 2 CountywillcompensatetheTownofVailforuseofthePremisesintheformofbus ticketsvaluedinan amountnottoexceed $50,000peryear. Thebusticketswillbefor theuseofTownofVailemployees. 5. BudgetingandAppropriation. The County's obligationsunderthisAgreementare subjecttotheCounty's annualrighttobudgetandappropriatethesumsnecessarytoleasethe Premises. No provisionofthisAgreementshallbe construedorinterpretedascreatinga multiplefiscalyeardirectorindirectdebtorotherfinancial obligationoftheCountywithinthe meaningofanyconstitutionalorstatutorydebtlimitation. Notwithstandinganythingtothe contrarycontainedin thisIGA, theCountyshallhave noobligationsunderthisIGAwithrespect toanyperiodaftertheendofthefiscalyearin whichfundshavebeenappropriatedthereforeby theCountyinaccordancewitha budgetadoptedbytheBoardofCountyCommissionersin compliancewithArticle25, Title30oftheColoradoRevisedStatutes, theLocalGovernment BudgetLaw (C.R.S. § 29-1-101 et. seq.) andtheTABOR Amendment (ColoradoConstitution, ArticleX, Sec. 20). IfapplicablefundsarenotappropriatedforaforthcomingTerm, theCounty may terminatethisAgreementwithoutpenalty, effectiveuponthecommencementoftheperiod forwhichfundshavenotbeenappropriated. theCountywilluseitsbestefforttonotifythe Townofsuchnon-appropriationoffundsandresultingterminationatthe earliestpossibledate. 6. Payment. Paymentwillbemadeasfollows: On a monthlybasis, Countywillreportandreconcilebusrideactivityreportsforpasses dedicatedtotheTownofVailbillingcodeintheridershipsoftware. Ridesbypasswill be reconciledatarateof $1.50 perride, nottoexceed $85 peremployeepermonth. ReportswillbeavailabletotheTownno later thanthe15thofthemonthfollowingthe billingperiod. 7. RightsandLimitationsonUseofthePremises. Thefollowingrightsandlimitations applyto theCounty's useofthe Premises: a) TheCountyshallhaveaccesstothePremisesonlyduringnormaloperatinghoursfor theVTC. b) TheCountyagreestoacceptthe Premisesinitsexistingconditionandagreesnotto makeanyinstallationonthe Premises, exceptasmaybe removedwithoutdamageto thePremises. c) TheCountyagreestotakegoodcareofthePremisesandtoleavethePremisesinthe same conditionaswhenfirstoccupiedatthecommencementofthisAgreement, reasonablewearandtearexpected. d) TheCountyshallbe permittedtodisplaysignage necessaryforitsoperationsandas requiredbyGreyhound Lines, Inc. TheCountywill, atitsownexpense, maintain in goodcondition, allpermittedsignsandshall, on theexpirationorterminationofthis Agreement, removeallsuchpermittedsignsand repairanydamagethatmay be Page2 of6 causedbysuchremoval. e) The Countyagreesto immediatelynotifytheTown ofanydefectsordangerous conditionsinandaboutthePremisesofwhichtheCountybecomesaware. The CountyagreestoreimbursetheTownforthecostofrepairinganydamagetothe PremisescausedbyactsoromissionsoftheCounty. 1) TheCountyshall notpermitthe Premisestobe usedforanypurposeprohibited by law, andwillusethe Premisesinaccordancewiththegeneralrulesandregulations adoptedbytheTowngoverningtheoperationofthePremises. g) TheCountyhastherighttocontractwitha third-partyindependentcontractortoprovidebus-ticketsalesandinformationservicesonitsbehalf. County's independent contractorwillbe requiredtocomplywiththelimitationsonuseofthePremises containedherein. h) TheTownshallprovide Countyonedailyparkingpasspermonthforparkingatthe VailTransportationCenterthroughthecourseofthelease. 8. Termination. The CountyortheTown may terminatethisIGA withoutcauseby providingatleastforty-five (45) dayspriorwrittennoticetotheother Party. 9. Utilities. The Town agreesthatitwill, atitsown expense, furnishthenecessary electricity, heating, lighting, trashremoval, andwaterfortheleasedpremises. theCountyshall providejanitorialandotherservicesnecessarytomaintainthe Premisesina cleanandorderly condition, aswellasspeciallightinglampsnotnormallyfurnishedbytheTown, attheCounty's owncostandexpense. 10. Inspection. The TownshallhavetherighttoenterthePremisesforthepurposeof inspectingorprotectingthePremises. 11. LiabilityandIndemnification. The County, itsofficersandemployees, shallnotbe deemedtoassumeanyliabilityforintentionalor negligentacts, errors, oromissionsoftheTown orofanyofficeroremployeethereof. Likewise, theTown, itsofficersandemployees, shallnotbedeemedtoassumeanyliabilityforintentionalornegligentacts, errorsoromissionsofthe Countyorbyanyofficeror employeethereof. 12. Insurance. TheCountymustcarryvalidinsuranceforanyindividualsandpropertythat areinvolvedinuseofthePremises. ThePartiesmusteachcarrypropertydamage andgeneral liabilityinsurancepolicies, eachintheamountof$1,000,000peroccurrenceand $1,000,000 aggregate. 13. Relationshipofthe Parties. Therelationshipbetween theParties isthatofcooperating independentgovernmentalentitiesandnothinghereinshallbedeemedor construedascreatinga relationshipofprincipalandagent, partnership,jointventure, orjointownershipinterestinthe realproperty. 14. No WaiverofGovernmentalImmunity. Nothingin thisIGAshallbe construed to Page3 of6 waivelimit, orotherwisemodifyanygovernmentalimmunitythatmaybeavailablebylawtothe TownortheCounty, itsrespectiveofficials, employees, contractors, oragents, oranyother personactingon behalfoftheTownortheCounty, and, inparticular, governmentalimmunity affordedoravailablepursuanttotheColoradoGovernmentalImmunityAct, Title24, Article10, Part1 oftheColoradoRevisedStatutes. 15. Notice. Anynotice, demand, orothercommunicationrequired orpermittedtobe given byanyprovisionoftheLeaseshallbe giveninwriting, deliveredpersonallyorsentbycertified orregisteredmail, postageprepaidandreturnreceiptrequested, orbyovernightcourier, with shippingchargesprepaid, addressasfollows: TotheTown: TownofVail Pam Brandemeyer AssistantTownManager 755FrontageRoad Vail, CO 81657 Ph.: (970) 479-2100 TotheCounty: EagleCounty DirectorofTransportationforECO Transit 3289CooleyMesaRoad P.O. Box1070 Gypsum, CO81637 Ph.: 970-328-3520 16. No Third-PartyBeneficiaries. NothingcontainedinthisIGAisintendedtoorshall createacontractualrelationshipwith, causeofactioninfavorof, orclaimforrelieffor, any third-party, includinganyagent, sub-consultantorsub-contractoroftheTown, theCountyor EagleCounty. Absolutelynothird-partybeneficiariesareintendedbythisIGA. Anythird-party receivingabenefitfromthisIGAisanincidentalandunintendedbeneficiaryonly. 17. Miscellaneous. a. Exceptasprovidedherein, no amendment, alteration, modificationoradditionto thisAgreementshallbe validorbindingunlessinwritingand signedby the Parties. b. Thecaptionofeachsectionisaddedas matterofconvenienceonlyandistobe consideredofnoeffect intheconstructionofanyprovisioncontainedherein.' c. This Agreementshallbe governedandinterpretedinaccordancewiththelawsof theStateofColorado. d. Shouldeitherpartybringsuittoenforce the termsofthisAgreement, theParties shallbeartheirownrespectivecosts, expenses, andattorneys' fees. Page4 of6 e. Ifanyprovisionofthis Agreementortheapplicationthereoftoanypersonor circumstanceshallto any extentbe deemed invalidorunenforceable, the remainderoftheAgreementshallnotbeaffectedthereby. SignaturePageFollows// Page5 of6 INWITNESSWHEREOF,thePartiesheretohave executedthisIGAthe dayandyear firstabovewritten. TOWN OF VAIL TOWN OF VAIL, STATEOF COLORADO, ByandThroughItsMAYOR ATTEST: aft.401/MIlb_ _ 4,...,,By: CD)7a-gel, own 1er =,gip 1 Oc`, ndyDaly, May. SEA t Date:J 8/ 00/`1L • QQ•'••..... RADUEAGLECOUNTYNNN, COUNTYOF EAGLE, STATEOF COLORADO, ByandThroughIts BOARD OF COUNTY COMMISSIONERS OF GLF ATTEST: C Roo Y: ClerktotheBoardof Ji '.n . Ryan, Chairman CountyCommissioners Y l lDate: Page6 of6 1 12/15/2021 \\GOACCESSIT.COM\20214\KKARL\USERS\BBUTZIN_KAPLANKIRSC\DESKTOP\_COMBINE TO SEND RTA IGA\ATTACHMENT D-2 - POLICE VEHICLES IGA-A121521.DOCX INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into as this _____ day of __________, 202_ (the "Effective Date") by and between the Town of Eagle, a Colorado home rule municipality with an address of P.O. Box 609, Eagle, CO 81631 (the "Town"), and the Board of County Commissioners of the County of Eagle, State of Colorado, a body corporate and politic (the "County") (each a "Party" and collectively the "Parties"). WHEREAS, the Town utilized a local mechanic for maintenance of the Town's fleet vehicles until their recent retirement, and now wishes to use the Eagle County Fleet Management's services for such maintenance; and WHEREAS, the Parties are authorized to enter into this Agreement by Article XIV, § 18 of the Colorado Constitution and C.R.S. § 29-1-203, which allow governments to cooperate or contract with one another to provide any function, service, or facility lawfully authorized to each. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and sufficient consideration, the Parties agree as follows: 1. Purpose. The purpose of this Agreement is to provide for the maintenance of Town police department vehicles by the County. 2. Services. The County, through Eagle County Fleet Management, agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the service or work described in Exhibit A. 3. Term. This Agreement shall commence upon the Effective Date and shall continue through _____________. 4. Termination. This Agreement may be terminated by either Party, with or without cause upon 30 days' prior written notice to the other party. The County shall be entitled to compensation for services performed prior to such termination, and both Parties shall thereafter be relieved of all duties and obligations under this Agreement. 5. Hold Harmless. The Town shall hold the County harmless for any claims from third parties arising out of the County's maintenance of the Town's vehicles. 6. Miscellaneous. a. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. 2 12/15/2021 \\GOACCESSIT.COM\20214\KKARL\USERS\BBUTZIN_KAPLANKIRSC\DESKTOP\_COMBINE TO SEND RTA IGA\ATTACHMENT D-2 - POLICE VEHICLES IGA-A121521.DOCX b. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. c. Integration. This Agreement and any attached exhibits constitute the entire Agreement between the Parties, superseding all prior oral or written communications. d. Third Parties. There are no intended third-party beneficiaries to this Agreement. e. Notice. Any notice under this Agreement shall be in writing and shall be deemed sufficient when directly presented or sent prepaid, first-class United States Mail to the Party at the address set forth on the first page of this Agreement. f. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. g. Modification. This Agreement may only be modified upon written agreement of the Parties. h. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. i. Governmental Immunity. The Town and its officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. j. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year are subject to annual appropriation, and thus any obligations of the Town hereunder shall extend only to monies currently appropriated and shall not constitute a mandatory charge, requirement or liability beyond the current fiscal year. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF EAGLE, COLORADO ____________________________________ Scott Turnipseed, Mayor ATTEST: __________________________________ Jenny Rakow, Town Clerk 3 12/15/2021 \\GOACCESSIT.COM\20214\KKARL\USERS\BBUTZIN_KAPLANKIRSC\DESKTOP\_COMBINE TO SEND RTA IGA\ATTACHMENT D-2 - POLICE VEHICLES IGA-A121521.DOCX EAGLE COUNTY, COLORADO ____________________________________ ATTEST: __________________________________ County Clerk 4 12/15/2021 \\GOACCESSIT.COM\20214\KKARL\USERS\BBUTZIN_KAPLANKIRSC\DESKTOP\_COMBINE TO SEND RTA IGA\ATTACHMENT D-2 - POLICE VEHICLES IGA-A121521.DOCX EXHIBIT A 1. Rate. The Town agrees to pay the County a rate of $110.00 an hour for mechanic's time performing maintenance services. 2. Payment. The County shall bill payment on the first of every month. Payment is due from the Town by the 30th of the same month. 3. Scope of Maintenance Services. The County shall be responsible for routine maintenance of Town police vehicles, including without limitation regular oil changes, proper tire inflation, engine operation, transmission, air conditioning and any other repairs or major components necessary for the safe operation of police vehicles. 970-748-4061 emyler@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Emily Myler RE: 2022 Business Outreach Survey Results DATE: August 23, 2022 SUMMARY: Town Staff launched a survey for Avon business owners to gauge attitudes about community issues that impact them and their businesses. They survey contained 13 questions regarding special events, tourism, community values and climate action and took an average of four minutes to complete. The survey was open from June 1 to June 30 and 72 business owners responded. BACKGROUND: The Town has conducted business surveys biannually since 2016, except in 2020 during the COVID-19 Pandemic. ANALYSIS: This analysis is an overview of the trends only. For complete data, please click the link in Attachment A, which will take you to the full report on SurveyMonkey. Special Events: Most respondents (69%) felt that there were just the right number of special events in Avon. 24% thought more events are needed and only 6% thought there are already too many events. There was also an open-ended question asking what respondents would like to see from events in the future. This question received 37 responses. Many responded that they appreciated music events although there were some who requested bigger, more renowned acts and some who thought more variety in the type of events would be nice. Some suggested recreation-based events like XTERRA, others had ideas like farmers’ markets, children’s events, or a home furnishing show. Some respondents valued the community connection that events bring, although there were also requests for events that increased tourism and respondents said that events in Nottingham Park alone aren’t driving people to their business. Tourism & Community Values: The survey asked respondents how they feel about the number of visitors to Avon. 41% said there are enough visitors, 50% said they would like to see more visitors and 9% said there are too many. It also asked what values or amenities Avon should offer, which was answered by 43 people. Respondents wrote that Avon should value business, sustainability, family, inclusiveness/diversity, supporting the locals, and promoting a year-round community. They requested amenities like recreation and athletics, events, walkability/bikeability, and free and accessible parking. Finally, the survey asked respondents whether they would leave Avon if their current business location became unavailable and why. About an equal number of the 53 respondents said they would leave vs. stay. Those who would leave cited the cost of property as a major reason, but some also felt that they could get more business support elsewhere or that other areas had more cohesive and active commercial districts. Those who would say said they appreciated the Town’s sense of community and the lifestyle they could have working here. Climate Action: The survey also asked business owners whether they support climate action initiatives. There were four multiple choice questions regarding support for Eagle County’s Climate Action Plan goals, reducing building energy consumption, adoption of a recycling ordinance and whether the respondent was enrolled in Holy Cross Energy’s PuRE Energy Program. Overall, most respondents supported climate action goals (68%), building energy reduction (79%) and a recycling ordinance (64%), however only 18% were enrolled in the PuRE program. Finally, there was an open-ended question on climate action initiatives in Avon. Many respondents said they needed more information and education on the Town’s climate action, while several also voiced their support for more waste diversion like increased recycling and composting. Some respondents had concerns that the initiatives wouldn’t be effective or well regulated or that they would drive up their business costs. Page 2 of 2 General: The last two questions were open-ended regarding what the respondents liked most about Avon and what they thought the Town could do better. Many respondents liked the central location in the Eagle Valley, the small town, family friendly and safe community and amenities such as the parks and recreation opportunities as well as walkable restaurants and shopping. For the final question, respondents requested more engagement, open communication, and transparency from the Town as well as action on housing and parking issues. They also wanted to see more support for small local businesses over big national ones. Thank you, Emily ATTACHMENT A: Town of Avon 2022 Business Outreach Survey 970.748.4021 pmckenny@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Town Manager’s Office RE: Ordinance 22-10 Council Compensation DATE: August 16, 2022 SUMMARY: Ordinance 22-10 increasing elected official’s compensation is presented to Council for second reading; Council approved first reading of Ordinance No, 22-10 at the August 9 meeting. The ordinance addresses Council compensation increases over a period of time that would apply to future Council members. The Avon Home Rule Charter prohibits any action to the increase or decrease the compensation of elected officials during their current term. As proposed, Ordinance 22-10 would take effect in December, 2024, and therefore would be applicable to the four Council members elected in November, 2022 and the three Council members elected in 2024. A December 2024 increase in compensation would be applicable to all seven Council members at the same time. First reading of the ordinance was continued to allow for some changes as directed by council. TOWN MANAGER’S COMMENTS AND RECOMMENDATION: Avon has grown substantially over the last 26 years. The Town’s services and operations are more complex. Understanding and determining policy matters for the Avon community is also more complicated. A doubling in compensation roughly restores the level of compensation set in 1996 when adjusted for inflation. Providing a reasonabl e level of compensation for the time commitments of Council members will make serving on Council more accessible and viable for a broader economic range of the Avon community. There is a strong and direct value in policy setting when Council members can afford to devote the time necessary to understand complex issues and to actively engage with community members. For these reasons, I recommend that increasing compensation for December 2024, is appropriate, overdue and modest when adjusted for inflation. PROPOSED CHANGES TO ORDINANCE: Several suggestions were provided by town council at the July 26 council meeting with additional discussion occurring at the August 9 meeting . There was consensus on decisions for several of the business points that were reviewed. 1. Compensation Increase: Council supported the timeline and increased amounts for compensation for elected officials, table shown below, which proposes compensation increased over two election cycles with an inflationary increase proposed in 2028. 2. Health Insurance Credit: There was not enough support to offer a credit for health insurance for those who decline the town’s coverage. After additional information was presented about the complexity involved in offering such a credit as part of the current health plan, there was council consensus to forego offering this as part of the health benefit package and preference to remain status quo. Proposed Compensation current 2022 Effective Date Dec 11, 2024 Effective Date Dec 9, 2026 Effective Date Dec 12, 2028 mayor 1,000$ 1,500$ 2,000$ 2,200$ mayor pro tem 750$ 1,125$ 1,500$ 1,650$ council 500$ 750$ 1,000$ 1,100$ 970.748.4021 pmckenny@avon.org 3. Committee Stipends: There was council consensus to strike the committee stipend offering from the ordinance. FINANCIAL CONSIDERATIONS: An increase in compensation would impact the budget beginning in December 2024. Budget impacts would range upwards of $40,500 for compensation in 2025. In addition, there are costs related to the health benefits package that are too early to estimate at this time. PROPOSED MOTION: “I move to approve Ordinance 22-10, Amending Avon Municipal Code Chapter 2.04 – Compensation of Council on second reading.” ATTACHMENTS: Attachment A: Ordinance No, 22-10 with Code Amendments Thank you, Eric and Patty Ord 22-10 Council Compensation (1st Reading August 9, 2022; 2nd Reading August 23, 2022) Page 1 of 4 ORDINANCE NO. 22-10 AMENDING AVON MUNICIPAL CODE CHAPTER 2.04 – COMPENSATION OF COUNCIL 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 (“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, current compensation was established Ordinance 96-18 in 1996 and has not been increased yet; and WHEREAS, Council finds that the Town of Avon has grown significantly in population, business and local economy and that the complexity and volume of municipal business and policy determination for the Avon Community has grown commensurately since 1996; and WHEREAS, Council finds that increasing compensation of Council members will broaden the accessibility of serving on Council to a wider variety of the community members who may not be able to otherwise devote the time necessary to serve on Council; and WHEREAS, the Town Council finds that increasing compensation for Council members will promote the health, safety and general welfare of the Avon community; and, WHEREAS, Avon Home Rule Charter, Section 4.8 and Colorado Revised Statute Title 31, Article 4, Sections 109 and 405 restrict the authority to increase or decrease compensation for elected officials during their current term in office, therefore, Council finds that increasing compensation effective in December, 2024, will allow for the increase to be applied to all elected Council members at the same time; 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. Ord 22-10 Council Compensation (1st Reading August 9, 2022; 2nd Reading August 23, 2022) Page 2 of 4 Section 2. Amended. Chapter 2.04 – Compensation of Council Members is hereby amended by adding the following language which is underlined: 2.04.010 Compensation of Council Members. Council members shall receive compensation as described in this section, health insurance benefits as defined in the Avon Employee Policies and as may be amended from time to time, and reimbursement for expenses incurred in service as a Council member , all in accordance with policies adopted by Council and subject to annual budget and appropriation approved by Council. Council should evaluate future compensation adjustments by no later than July, 2030 , which future adjustments would be effective in December, 2030. (a) Council Members shall receive compensation for their service in office in accordance with the following schedule, through and until December 10, 2024: (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. (b) Council Members shall receive compensation for their service in office in accordance with the following schedule, on and after December 11, 2024 and through and until December 8, 2026: (1) Mayor: One thousand dollars ($1,500.00) per month. (2) Mayor Pro Tem: Seven hundred fifty dollars ($1,125.00) per month. (3) All other Council Members: Five hundred dollars ($750.00) per month. (c) Council Members shall receive compensation for their service in office in accordance with the following schedule, on and after December 9, 2026 and through and until December 12, 2028: (1) Mayor: One thousand dollars ($2,000.00) per month. (2) Mayor Pro Tem: Seven hundred fifty dollars ($1,500.00) per month. (3) All other Council Members: Five hundred dollars ($1,000.00) per month. (d) Council Members shall receive compensation for their service in office in accordance with the following schedule, on and after December 12, 2028: (1) Mayor: One thousand dollars ($2,200.00) per month. (2) Mayor Pro Tem: Seven hundred fifty dollars ($1,650.00) per month. (3) All other Council Members: Five hundred dollars ($1,100.00) per month. 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 Ord 22-10 Council Compensation (1st Reading August 9, 2022; 2nd Reading August 23, 2022) Page 3 of 4 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 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. 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 7. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on August 9, 2022 and setting such public hearing for August 23, 2022 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. Ord 22-10 Council Compensation (1st Reading August 9, 2022; 2nd Reading August 23, 2022) Page 4 of 4 BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Patty McKenny, Town Clerk ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on August 23, 2022. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Patty McKenny, Town Clerk APPROVED AS TO FORM: ____________________________ Karl Hanlon, Town Attorney 970.748.4030 jskinner@avon.org | mmorgan@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Jena Skinner, AICP, Senior Planner RE: PUBLIC HEARING & Second Reading: Ordinance 22-09 Code Text Amendments for Short Term Rental License Regulations DATE: August 16, 2022 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 cap on short-term rental licenses for properties within the Short Term Rental Overlay (“STRO”) zone district, and outside the Town Core. Planning & Zoning Commission (“PZC”) reviewed the application at public hearings on July 5, 2022 and July 19, 2022. As a result of this hearings, PZC made a recommendation to Town Council to approve the proposed modifications to the STR program. The Town Council then met on July 26th, and once again on August 9th where the Town Council approved the first reading of Ordinance 22-09. Within the motion to approve the Ordinance, direction was given to Staff to modify both the Code Text Amendment language ("Exhibit A"). and the Ordinance itself prior to second reading. Ordinance 22-09 (“Attachment A”) includes code text amendments to Title 5 Business Taxes, Licenses, and Regulations, as well as to Title 7, Development Code, which includes cross references related to Short Term Rental (“STR”) and the licensing regulations. This report comes to Town Council with an analysis of the applicable review criteria for this application that has been since supported by the majority of Council at first reading. Updated changes and clarifications to Ordinance 22-09: • The ordinance language now reflects the findings as found in Staff’s report for Ordinance 22-09 • Other changes to the Ordinance language includes the addition of clarifying definitions pertaining to license types • Cross references have been added to the text via hyperlinks for ease of the reader, knowing that our code is an online resource • Title 5 now includes a reference to the Town Core Map as found in Title 7 • Specific clarifications have been added to the definitions in Title 7 including that for Property and “primary resident” references match that found for Real Estate Transfer Tax (“RETT”) Other supportive materials Staff is creating for both Ordinance 22-08 and 22-09 - related to the upcoming license changes include: • New application forms specifically for STR licenses • An STR unit “poster” for the public, which relays the minimum life-safety requirements per the STR program as well as a list of contact and pertinent information for users (“Attachment B”) • The beginnings of an STR “guidebook” that will assist the public in their STR applications • Strategies for website changes that will both help the public easily find STR information, as well as in understanding how the new licensing program works inside and outside of the Town Core including: Report August 16th, 2022 - ORD 22-09 Page 2 of 8 • A spreadsheet, made available to the public that reports the existing number AND available STR licenses, regularly updated on a bi-monthly basis (“Table A”) • Posting of the Town Core Map, with links cross-referencing to this document throughout the avon.org website • A Communication Plan for STR License Holders and Property Owners in the STR Overlay (“Table B”) TABLE A – STR License Availability Table STR License Availability Property Name Total Units STRs Active 9.1.22 and later Current % STRs # of Addt'l STRs Available 9.1.22* Alpenflora 12 1 8% 0 Alpenhaus 3 1 33% 0 Balas Townhouse Condos 8 0 0% 1 Balas West Condos 9 0 0% 1 Beacon Hill / Bristol Pines 22 1 5% 2 Beaver Bench 44 7 16% 0 Bel Lago 12 4 33% 0 Bridgewater Terrace 20 3 15% 0 Buck Creek 34 1 3% 4 Chambertin 12 7 58% 0 Greenbrier 38 12 32% 0 La Vie Bonne Townhomes 6 0 0% 1 Lakeview Condos 12 2 17% 0 Liftview 165 15 9% 9 Nightstar 6 0 0% 1 Rushmer Townhomes 6 2 33% 0 Sherwood Meadows 20 0 0% 1 Snowrun Townhomes 3 0 0% 1 STRs currently not allowed per HOA Sonnen Halde Condos 16 0 0% 1 Stone Creek 30 10 33% 0 Sunnyside at Avon 6 1 17% 0 Sunridge 198 31 16% 0 Timberloft 4 0 0% 1 Westlake Village 92 10 11% 3 TOTAL 778 108 14% 26 *Subject to Change Report August 16th, 2022 - ORD 22-09 Page 3 of 8 Table B – Communication Plan Date Communication Recipients Materials / Message August 23 Update @ Council Meeting Town Council and Public Guidebook (Info Sheet, Maps, Fees & Licenses, Safety Reqs, GN Guidelines), Application Form, Mailer August 25 Send Guidebook and Mailer to print and mail Print Company -> Active STR License holders Guidebook (Info Sheet, Maps, Fees & Licenses, Safety Reqs, GN Guidelines), Application Form, Mailer August 26 Email Active STR License Holders e-Mailer w/ Update, links to Guidebook & App Form August 26 Mailer Property Owners in Town Core Mailer w/ details on Town Core changes September 6 Mailer Property Owners in entire Overlay Mailer w/ details on STR updates September 8 Info Session Front Desk Managers Front Desk- specific support & application materials October 3 Email Active STR License Holders who have not renewed Reminder to renew October 17 Email Active STR License Holders who have not renewed Reminder to renew November 14 Written report Town Council Existing STR Conditions Report 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, the Staff introduced two potential ordinances: Ordinance 22-08, which affects STR fee structures and licensing, and Ordinance 22-09, which involves the Town Core Map and related Code Text Amendments. At the June 14 hearing, Council requested that Staff prepare an application for Development Code text amendments to implement limitations on STRs and proceed to PZC for a public hearing and recommendation. At the July 5, 2022, PZC meeting, Commissioners took action to continue the discussion on STRs. At the July 19, 2022 PZC meeting, the PZC took action to provide a favorable recommendation to Council, which supports limiting Short Term Rental licenses for properties outside the Town Core and still within the STRO zone district, to be capped at 15% of the total number of residences on each property. Any Report August 16th, 2022 - ORD 22-09 Page 4 of 8 Council Initiate Application existing STR Licenses on the effective date of these Code Amendments would be grandfathered 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 allows up to 42 days per calendar year of short term rentals. At the July 26 Hearing, Town Council, after contemplating the PZC recommendation, approved the second reading of Ordinance 22-08 and accepted the recommendations of the PZC with one change [minimum units allowed in a subdivision outside of Town Core to be one (1) instead of three (3)]; Staff received direction to make minor changes to the text of Ordinance 22-09. As previously mentioned, at the following Council meeting on August 9, Ordinance 22-09 was approved for a first reading pending a few more minor modifications. TOWN CORE MAP: The STR program and licensing will correlate with an amended Town Core map ("TCM"). The reference to the Town Core map provides an efficient and intuitive boundary area for unlimited STR licenses and areas that would be subject to a cap on STR licenses. The existing Town Core area includes Avon's mixed-use commercial and lodging core. The proposed additions to the Town Core include additional properties consisting of timeshares, front-desk properties, or luxury residential developments. The proposed boundary for the amended Town Core establishes a defined area for unlimited and limited STR licenses. Establishing boundaries for zone districts and other regulations is generally considered a legislative matter where the Town has broad discretion to set boundaries where regulations differ. The PZC and Town Council supports the TCM, attached as ("Exhibit B"). PROCESS: The process for Code Text Amendments is outlined in AMC 7.16.040. PZC must conduct a public hearing before providing a recommendation to Council and makes a recommendation with written findings. On July 19, 2022, PZC provided a recommendation to Council. Council has since evaluated and incorporated this recommendation for adopting Ordinance 22-08 on first reading at the July 26, 2022, Council meeting, and on August 9, for Ordinance 22-09. PZC and the Council found that the presented materials provided sufficient information for satisfying the required findings of a Code Text Amendment. Public Notification Mailed + Vail Daily PZC Public Hearing + Recommendation Council Public Hearing + Ordinance Report August 16th, 2022 - ORD 22-09 Page 5 of 8 CODE TEXT AMENDMENT CRITERIA – AMC SECTION 7.16.040 The review criteria for Code Text Amendments are governed by AMC §7.16.040, Code Text Amendments. The Town Council shall use the following review criteria as the basis for the decision on these Code Text Amendments. Staff responses to each review criteria are provided. (1) The text amendment promotes the health, safety and general welfare of the Avon community; 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: • Consideration of a second tier Short Term Rental Overlay that requires owner occupancy of the residence while allowing Short Term Rental of a Report August 16th, 2022 - ORD 22-09 Page 6 of 8 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 resort communities, 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. 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 Report August 16th, 2022 - ORD 22-09 Page 7 of 8 and by not limiting STR licensing within the Town Core, where more lodging and commercial uses are characteristically, predictably, and historically, found. CONFORMANCE WITH GENERAL REVIEW CRITERIA - SECTION 7.16.010(F)(1) 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 Council 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: I recommend approval of Ordinance 22-09 on second reading. OPTIONS: The following represents options for next steps regarding Ordinance 22-09 1. Approve the second reading of Ordinance No. 22-09 as drafted 2. Approve the second reading of Ordinance No. 22-09 with modifications 3. Continue second reading and public hearing to September 13, 2022 4. Deny Application by motion and vote 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.” Report August 16th, 2022 - ORD 22-09 Page 8 of 8 ATTACHMENTS: ATTACHMENT A: Ordinance 22-09 Exhibit C: Code Text Amendment Exhibit D: Town Core Map ATTACHMENT B: Draft/Proposed Administrative Tools for Short Term Rental Licenses ATTACHMENT A - ORDINANCE 22-09 Ord 22-09 Code Text Amendments and Modification to Town Core Map Page 1 of 4 ORDINANCE 22-09 AMENDING TITLES 5 AND 7 OF THE AVON MUNICIPAL CODE AND 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, 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 the Town Core necessitates expansion; 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 5, 2022, and July 19, 2022, 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 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 August 9, 2022, and August 23, 2023, prior to taking final action considering all comments, testimony, evidence and Town Staff reports; and then took action by approving this Ordinance; and WHEREAS, pursuant to AMC §7.16.040(c), Review Criteria, the Town Council has considered the applicable review criteria for a Code Text Amendment application; and WHEREAS, the Application complies with AMC §7.16.040(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 preserve long-term residential opportunities for workforce in these units; and Ord 22-09 Code Text Amendments and Modification to Town Core Map Page 2 of 4 WHEREAS, the text amendments also promote the health, safety, and general welfare of the Avon community by limiting the number of fully unlimited STR licenses (“STR-F”) through a 15% cap on Properties 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 on a limited basis for a maximum of 42-days or six (6) weeks in the year (“STR-L”) in this same area; 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 that unit. 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, Limited (“L”) means the use of a residence as an STR for no more than 42 days in a calendar year, proof of which must be provided upon license renewal; and WHEREAS, all of the potentially affected Properties are located outside of the Town Core, and WHEREAS, all existing Properties remain suitable for short term rental usage, and all STR licenses for the affected properties 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, the official Short Term Rental Overlay (“STRO”) zone district is not affected by this Ordinance; and WHEREAS, this amendment will increase the compatibility of STRs of neighboring properties and decrease workforce displacement within the current Properties historically used as full-time residential housing in the area outside the Town Core; 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 modifications to the STR program implement mandatory standards such as smoke detectors, informational signage, fire extinguishers, and other operational and maintenance controls; thus, ensuring protections for finding balance in housing stock, life safety requirements, and preserving the character of neighborhoods resulting in an improvement of the general wellbeing of the community; 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 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 prior to any final action prior to concluding the public hearing on second reading. Ord 22-09 Code Text Amendments and Modification to Town Core Map Page 3 of 4 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. Code Text Amendments. AMC §5.04.050, 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. Section 3. 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 STRs and time-share properties. The new map has been attached as “Exhibit B – Town Core Map”. 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 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 Ord 22-09 Code Text Amendments and Modification to Town Core Map Page 4 of 4 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, 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 August 9, 2022, and setting such public hearing for August 23, 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 August 23, 2022. BY: ATTEST: Sarah Smith Hymes, Mayor Patty McKenny, Town Clerk APPROVED AS TO FORM: Karl Hanlon, Town Attorney EXHIBIT A - PROPOSED CODE TEXT AMENDMENTS EXHIBIT A CODE TEXT AMENDMENTS SECTION 5.04.050 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 licenses permitted for a Property in the [STRO] zone district and outside the Town Core, as defined in 7.08.010 and as delineated on the Town Core Map, shall be 15% of the total number of residential units for such Property, with the following exceptions and modifications: (1) A Property for the purposes of this section shall mean a residential development associated with a site-specific subdivision plat approval for such property which typically has a distinct subdivision name. (2) The number of allowed STR licenses shall be rounded up to the nearest whole and shall not be less than one (1) for any Property. (3) There shall be no limit of STR-RO [insert HYPERLINK to Section 5.04.050 (b)2] or STR- L [insert HYPERLINK to Section 5.04.050 (b)3] licenses. 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, a primary residence as defined in [3.12.020], residential use or for 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 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, subject to all requirements of the underlying zone district and the Avon Municipal Code. (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, a primary residence as defined in [3.12.020] or for 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. (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 [insert HYPERLINK to Section 5.04.050]. EXHIBIT B - TOWN CORE MAP Short Term Rental Overlay and Town Core Map Planned Unit Developments with *STRs *PUD STR approvals unaffected by Ordinance 22-09 STR Zoning Overlay STR Zoning Overlay in Town Core Town Core Boundary • STR-F (Full License) - Capped at 15% of the total number of units on the property• STR-Limited - Unlimited• STR-RO (Resident Occupied) - Unlimited Licenses Outside Town Core: • STR-F (Full License) - No Cap/Unlimited• STR-Limited - Unlimited• STR-RO (Resident Occupied) - Unlimited Licenses Inside Town Core: License definitions can be found in AMC Section 5.04.050 Short Term Rentals See PUD approvals for STR regulations specific to these properties Official Zoning and Town Core Map Town Core Boundary Town of Avon Zoning Map ATTACHMENT B - ORDINANCE 22-09 STR Registration and Administration Materials List 1.STR Guidebook for Licensees a.Table of Contents b.Info Sheet i.Intro ii.STR License Types iii.Explanation of Overlay iv.Step-by-step Licensing Process c.Application Form d.Renewal Application Form e.Safety Standards Checklist f.Accurate Representation Affidavit g.Supplemental Docs i.License & Fees Table ii.STR Town Core Map iii.Licensing Flow Chart iv.Guide Neighbor Guidelines 2.Web Updates a.Web text b.Table of STR Licenses by Property c.Link to Guidebook d.Links to final ordinance text e.Online complaint intake form 3.Additional Materials a.Complaint notification form b.Complaint process chart c.Poster The Town of Avon regulates Short Term Rentals (STRs) within the Avon Municipal Code. Please place this poster within an STR unit, in a visible location. The Town of Avon hopes you to enjoy your stay and that you use the rented property with a respect for the quiet and mountain environment of the neighborhood. PROPERTY ADDRESS: SHORT-TERM RENTAL LICENSE NUMBER: PROPERTY OWNER CONTACT Name: Email Address: Phone Number: MANAGEMENT COMPANY | EMERGENCY CONTACT Responsible Party’s Name: Responsible Party’s Email Address: Responsible Party’s Phone Number: INFORMATION AND RESTRICTIONS SHORT TERM RENTAL INFORMATION IMPORTANT CONTACT INFO More Information: www.Avon.org | Check Road Conditions www.COTrip.org Emergencies Dial 911 | Non-emergency or Avon Police Assistance (970) 748-4040 Questions? Email STR@avon.org Be courteous & respectful of the neighbors. Place waste in approved, onsite receptacles. Smoke & carbon monoxide alarms are required in all units.Fire Extinguishers are required in each unit. Park in designated locations only. Avon noise & quiet limits: 8 AM to 10 PM Location of fire extinguisher(s): Location of trash & recycling: Location of parking spots: Other rules: COMPLAINTS: Go to www.avon.org/XXXX, or call (970) 748-XXXX Short Term Rental (STR) Application Form for License Short Term Rental Property Address (must include Unit / Apartment Number if applicable): Applicant Information Name of Applicant: Applicant Date of Birth: Applicant Phone Number: Applicant Email Address: Company Name (if applicable): Applicant / Business Mailing Address: Do You Have an Active STR License with the Town of Avon (Yes or No)*: Do You Have Other STR Licenses Outside the Town of Avon (Yes or No)*: Rental Property Information Name of Property / Complex (Ex. Seasons at Avon): Name of Property Owner: Number of Bedrooms Available for Rent: I am applying for a the following STR License type (check one): ____ STR Full ____ STR Limited (STR is available fewer than 42 days per year) ____ STR Resident Occupied (requires a full-time resident living on-site) ____ Not Sure Is your STR managed by a Front Desk-Management or Time Share property (Yes or No): If you answered “Yes” to the previous question- select which property: 1. The Westin Riverfront Lodge or Riverfront Townhomes 5. The Seasons at Avon 2. Beaver Creek West 6. The Ascent 3. Avon Lake Villas 7. Other: 4. Avon Center Short Term Rental (STR) Application Form for License Management / Responsible Party Information STR license holders are required to designate a property manager / responsible party who shall be available to respond to guests’ urgent matters. The designated contact shall be available to respond to any renter within four hours by phone or email and shall be available to respond in person within twenty-four hours. The name and contact information for this person must be displayed conspicuously inside the rental property. Name of Property Manager / Responsible Party: Property Manager / Responsible Party Phone Number: Property Manager / Responsible Party Email Address: Advertising Information This STR will be rented through the following channels (Check as many options that apply): ____ AirBnb: ____ VRBO: ____ Home Away: ____ Facebook Marketplace: ____ Craigslist: ____ Vacasa: Additional Information Approximately how many nights per year do you intend to use this property as an STR? When not used as an STR, this property is primarily (choose one): ___ A full-time residence (same resident - 8 months or more per year) ___ A part-time residence (same resident - 1 to 8 months per year) ___ Available for personal use ___ Vacant Other: Short Term Rental (STR) Application Form for License Renewal Short Term Rental Property Address (must include Unit / Apartment Number if applicable): STR Renewal Information STR License #: Applicant Name: Property Owner Name: Applicant Email Address: Company Name (if applicable): Applicant / Business Mailing Address: Did you receive any complaints or violations concerning this STR in the last year (Yes or No)*: Please indicate if any of the following conditions have changed for your STR property: ____ # of Bedrooms ____ Property Owner ____ Property Manager / Responsible Party Contact ____ Permanent Resident(s) Living on the Property ____ Means of Advertising or ____ No Changes If you indicated any new conditions for your STR in the previous section, please explain the changes: Short Term Rental (STR) Application Form for License Renewal Are You Requesting an Update of Your STR License Type (see Attachment B - STR License Types & Fees)?: ___ Yes, conditions of my STR have changed that qualify me for a new STR license type ___ Yes, conditions of my STR have not changed but I still want to apply for a new license type ___ No, I do not wish to update my STR License Type ___ Not sure Additional Information Approximately how many nights per year did you use this property as an STR?: In the last year, when not used as an STR, this property was primarily (choose one): ___ A full-time residence (same resident - 8 months or more per year) ___ A part-time residence (same resident - 1 to 8 months per year) ___ Available for personal use by the property owner ___ Available for personal use for someone other than the property owner ___ Vacant Other: 970.748.4045 jhildreth@avon.org 970.748.4055 swright@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Town Engineer Justin Hildreth and Finance Director Scott Wright RE: 2023 Capital Improvements Projects DATE: August 19, 2022 SUMMARY: This is the first of two work sessions to review the long-range Capital Improvements Projects Plan (“CIP Plan”). The second work session will occur in September. This report describes the available revenues, CIP Plan policies, proposed projects and options for Council. The focus of the memo and presentation will be on items either not discussed previously or are significantly different than included in previous budgets. Please note that the Apartments to be located at the Swift Gulch Public Works facility are not included in this discussion and will be funded from other sources. REQUESTED COUNCIL DIRECTION: This is the initial work session on updating the Town’s five-year CIP Plan. There are many new projects, including several projects that require planning and design before there is a more accurate estimate of project costs. Any Council questions or requests for more detailed information are welcome. Staff presentation will focus on changes to the 2023 CIP list. Staff will be prepared to discuss any project on the proposed 2023 5-year CIP Plan list. Ultimately, Council direction is to prioritize projects in the CIP Plan as part of the complete 2023 Budget. AVAILABLE REVENUE: Council has the following identified revenue sources that can be used for capital improvement projects in 2023: TABLE 1: 2023 CAPITAL PROJECTS FUND REVENUE Real Estate Transfer Tax ($4.0M base level less $1,669,000 for debt service and staff) $2,331,000 Real Estate Transfer Tax interest earnings $150,000 Asphalt Overlay Account (Village at Avon Roads) $250,000 Water Fund $62,500 Community Enhancement Funds $120,000 Avon Urban Renewal Authority $1,000,000 TOTAL Projected Revenues $3,913,500 Projected Fund Balance (12/13/2022, Unreserved) $7,704,577 TOTAL AVAILABLE FUNDS for 2023 $11,618,077 Proposed CIP Expenditures in 2023 $12,306,799 CIP Policies and Restrictions on Various Fund Sources: The following policies have been used for the CIP fund: • The Town strives to maintain a minimum $1,000,000 balance in the CIP fund for emergencies and unforeseen capital improvement expenditures. • The projected RETT revenue base of $4.0 million is conservative. The projected revenue was increased from $3.3 million used in previous budgets. Revenues which exceed the annual budget projection carry- over in the fund balance to the next budget year. • The Avon Urban Renewal Area currently has $1,000,000 available for capital improvements within the West Avon Investment Plan area (west of Avon Road, north of Eagle River, east of Avon Elementary School, and north to the Buck Creek Medical Plaza north of I-70. The West Avon Urban Renewal Plan broadly authorizes expenditure of URA funds on Town properties and Town public infrastructure in this area. Capital Projects Scheduling: The cost of capital improvement projects is most effectively reduced with thorough planning and design prior to bidding for construction. Due to the construction season cycles and the high demand for construction work, an effective process to manage cost requires planning and design in the first year for a new project, and then bidding and construction the following year. Capital Projects Prioritization: A master list of projects is developed based on existing maintenance needs, requests from the Leadership Team and Council, and the Comprehensive Plan and sub-Plans. Projects are prioritized and recommended for inclusion in the Capital Projects Fund based on the following criteria: • Maintenance of Existing Street Network. The Town desires to keep its existing street network in excellent condition, including asphalt surface, bridges, guardrail, retaining walls, streetlights, drainage and pedestrian facilities. • Maintenance of Existing Facilities. Ensuring the existing facilities are fully maintained and operated efficiently. • Public Safety. The protection of the public’s safety including flood mitigation, fire prevention and pedestrian safety. • Climate Goals and Water Quality. The Town’s adopted Climate Action Plan recommends reducing the amount of carbon generated operating our facilities and improving the quality of water in the Eagle River. • Implementation of Town of Avon Comprehensive Plan. The Comprehensive Plan recommends improvements along the Main Street Mall and Harry A. Nottingham Park including extension of the Main Street Mall to Lake Street, and redevelopment of the former Town Hall and Fire Station Sites. Year End Fund Balance The year-end unreserved fund balance of the Capital Projects fund is budgeted to stay above $1,000,000 to ensure a stable cash flow and ensure availability for unexpected projects. The year end fund balances for the 5-year Capital Projects Fund are summarized below: TABLE 2: CAPITAL PROJECTS FUND YEAR-END UNRESERVED FUND BALANCE Year Year End Fund Balance 2023 $ 4,563,978 2024 $ 3,919,536 2025 $ 2,194,501 2026 $ 2,878,085 2027 $ 1,260,896 Recommended Changes to 2023 Projects We recommend the following changes to the 2023 projects included in the 5-Year Capital Improvement Plan adopted in the 2022 Town of Avon budget based on updated information and pricing. Street improvements budgets were increased based on the 2022 West Beaver Creek Blvd. Street Improvements Project bid and discussion with adjacent communities and contractors. Street Improvements costs increased approximately 20% from 2021 due to increased material costs, difficult labor market and competitive bidding environment. Other construction project budgets were increased 10% to accommodate the current inflationary environment. The project lists are broken out based on non-discretionary and discretionary projects. Non-discretionary projects are required to maintain existing facilities, Council approved intergovernmental agreements, and have already started construction. Discretionary projects are for new facilities and improvements that expand existing facilities or programs. TABLE 3: RECOMMENDED 2023 CAPITAL PROJECTS – NON DISCRETIONARY Project Existing 2023 Budget Proposed 2023 Budget Facilities Door Replacement (Town Hall Front Doors, Recreation Center, Pavilion Basement) $ 105,000 Fleet Roof $ 340,000 $ 340,000 ARTF Doors (Reduced scope) $ 209,705 $ 105,000 ARTF HVAC BAS $ 165,617 ARTF Bus Wash Exit $ 125,000 Rec Center Sauna and Steam Room Remodel (Partially funded from equipment replacement fund) $ 75,000 Land and Land Improvements Wildfire Mitigation (Yearly) $ 40,000 $ 40,000 Saddleridge Park Refresh Added Eaglebend Park (2023 design/2024 construction) $ 25,000 $ 175,000 Road and Streets Fawcett Road Asphalt Overlay (A.O. Account) $ 375,000 $440,000 Annual Guardrail Repair (Yearly) $ 40,000 $ 40,000 Upper Buck Creek Road Asphalt Overlay $ 800,000 $ 1,292,748 Lake Street Asphalt Overlay Delayed to 2025 because in good condition $ 357,000 $ 0 Swift Gulch Road Filing 2 Buffalo Ridge Asphalt Overlay (A.O. Account) $ 364,000 $ 557,704 WBCB Eagle River Bridge Deck Repair and Railing Upgrade $ 225,000 (2023) Stonebridge Roundabout Town’s Match $300,000 $ 2,200,000 $ 2,200,000 Recreation Trail Reconstruction $720,000 $ 794,000 Retaining Wall Repairs (Nottingham Rd and Swift Gulch Rd) $150,000 Utility Projects Nottingham Puder Ditch Repair $ 687,500 $ 756,250 TOTAL $ 6,383,205 $ 7,461,319 TABLE 4: RECOMMENDED 2023 CAPITAL PROJECTS – DISCRETIONARY Project Existing 2023 Budget Proposed 2023 Budget Facilities East Park Improvements $ 2,000,000 $ 2,000,000 Public Works Facilities Planning $ 500,000 $ 500,000 Fleet PV Panels $ 100,000 Metcalf Cabin Feasibility $ 20,000 $ 20,000 Pavilion Terrace Tent Structure $ 50,000 Art- Knox Gallery $ 75,000 Land and Land Improvements North Restrooms (Carried forward from 2022) $ 500,000 Park Water Fountain Replacements $ 75,000 Road and Streets Avon Road Safety Improvements (yearly) $ 150,000 $ 150,000 Utility Projects GIS Yearly Program $ 125,000 Planning and Consulting La Zona – Main Street Mall Extension $ 175,000 $ 175,000 Communications and Technology Microsoft Team Implementation $ 25,000 Nottingham Park Wi-Fi $ 75,000 $ 75,000 TOTAL $ 2,920,000 $ 3,870,000 Recommended Projects 2024 to 2027 We recommend the following projects be included in the 5-year CIP for the years 2024 to 2027 based on the project criteria discussed above. TABLE 5: RECOMMENDED 2024 – 2027 CAPITAL PROJECTS – NON-DISCRETIONARY Project 2024 2025 2026 2027 Facilities Public Safety Facility – Heating, Ventilation and Air Condition Building Automation System $ 75,000 Public Safety Facility – Security System $ 155,000 Recreation Center Aquatics Area Remodel $ 650,000 Public Works Annex, Wildwood, Roof $ 40,000 Parks Garage Roof $84,000 Land and Land Improvements Eaglebend Park Update $ 100,000 Road and Streets Guardrail Repair (Yearly) $ 40,000 $ 40,000 $ 40,000 $ 40,000 Riverfront/Lake Street $ 809,000 Post Blvd Asphalt Overlay $ 2,500,000 Swift Gulch Road, East Segment, Asphalt Overlay $ 400,000 Avon Road Asphalt Overlay $ 1,418,955 Old Trail Road Asphalt Overlay $ 626,701 Wildridge Road Asphalt Overlay $ 3,344,000 W. Beaver Creek Blvd – Elementary School to Lake Street Asphalt Overlay $ 650,000 Rec Path Improvements $396,000 TOTAL $ 1,460,701 $ 3,309,000 $2,214,955 $4,109,000 TABLE 6: RECOMMENDED 2024 – 2027 CAPITAL PROJECTS – DISCRETIONARY Project 2024 2025 2026 2027 Facilities 351 West Benchmark Road Building Demolition $ 937,500 Land and Land Improvements Road and Streets Post Blvd Street Conversion to 25-FT Poles $ 200,000 Avon Road Safety Improvements $150,000 $ 150,000 W. Main Street Mall $1,000,000 $ 500,000 Flood Mitigation – 330 Nottingham Road $ 500,000 Flood Mitigation – 400 W. Beaver Creek Blvd $ 500,000 TOTAL $ 2,150,000 $ 850,000 $ 937,500 $ 0 In order to maintain a healthy fund balance of over $1,000,000, numerous projects were not included in the 5-year program. The projects can be prioritized and included in the program as funds are available and Council requests they be elevated as a priority. TABLE 7: PROJECTS NOT CURRENTLY FUNDED IN THE 5-YEAR PROGRAM Project Proposed Budget Facilities Replacement Facility at 351 West Benchmark TBD Public Works Garage at Lot 5 TBD Public Works Offices at Lot 5 TBD Pubic Safety Facility – Parking Canopy $900,000 Land and Land Improvements Harry A. Nottingham Park – Irrigation System TBD Harry A. Nottingham Park – Fitness Court Relocation and Replacement Shelter $ 150,000 Harry A. Nottingham Park – Beach Expansion $ 20,000 Harry A. Nottingham Park – North Path Widening TBD Road and Streets Avon Road Safety Improvements TBD Bear Trap Asphalt Overlay (2027) $ 443,000 Fox Lane Asphalt Overlay (2027) $91,000 Eaglebend West Asphalt Overlay (Hurd Lane to Stonebridge)(2027) $108,000 Long Spur Asphalt Overlay (2027) $ 145,000 Plaza Way Asphalt Overlay (2027) $ 73,000 Saddleridge Loop Asphalt Overlay (2027) $ 713,000 Stonebridge Drive Asphalt Overlay (2027) $ 125,000 Utility Projects Nottingham Puder Ditch Repair – west section (I70 to Public Safety Facility) TBD Nottingham Road Drainage Upgrades TBD Town Broadband Connection to Thor TBD REQUESTED DIRECTION: Council direction is requested on this list of Capital Improvements Projects and whether there are other items that should be included on the list. Thank you, Justin and Scott ATTACHMENT A: Project Descriptions ATTACHMENT B: 5-Year Capital Improvements Project Inventory 2023 CAPITAL IMPROVEMENT PROJECT DESCRIPTIONS: Projects Carried Forward from 2022 Harry. A. Nottingham Park East Improvements: Council has provided direction that additional public restrooms for Nottingham Park are desired to support events of 1,500 to 2,000 persons. The location of the new public restrooms would be on the former Town Hall site. This project also includes improvements to the existing patio on the east side of the old Town Hall and replacement and upgrade of the retaining/seating wall along the recreation path. The project was bid out in June and no bids were received at the bid opening in July. We will present future options for the project at an upcoming work session. FIGURE: Harry A. Nottingham Park East Restrooms Site Location Powerline Undergrounding: The power lines on the south side of Nottingham Park from Lake Street to the Water Treatment Plant are planned to be buried as part of the East Park Improvement Project. This project will be funded from the Holy Cross Community Enhancement Funds and will occur in conjunction with the public restroom project. ATTACHMENT A Harry A. Nottingham Park North Restrooms: Public restrooms are proposed near the north parking lot, also known as Lot 16. The restroom location is recommended because of the proximity of water and sewer mains. Locations closer to the beach will significantly increase the cost since the utilities will have to be extended from the parking lot. $50,000 is proposed for design in 2021 and $450,000 for construction occurring in 2022. The project was bid out in June 2022 and no bids were received. Staff will present the updated project status in September after interviewing contractors and reviewing the current bidding environment. PHOTO: Rendering of Harry A. Nottingham Park North Restrooms PHOTO: General Location of Harry A. Nottingham Park North Restrooms ATTACHMENT A Fawcett Road Street Improvements: Fawcett Road connects Post Blvd. and Yoder Ave. and is located between Traer Creek Plaza and Wal-Mart. The road surface was constructed in 2002 and is due to be resurfaced. The project includes the following: • Asphalt overlay • Sidewalk repairs • American with Disability Act Ramp replacement • Replacement of concrete at bus pullout • Removal of 25-FT of median near Wal-Mart tire center The current project budget is $375,000 and construction is scheduled for spring 2023. MAP: Fawcett Road Improvements ATTACHMENT A Flood Mitigation Improvements: We are working on the following mitigation strategies to reduce the impact of future large rainfall events: 1. The Town’s drainage infrastructure will be mapped this summer and catalogued using Geographic Information Systems software. This will allow staff to assess the condition of infrastructure, track maintenance activities and recommend future improvements. The system mapping is complete and is being “ground checked”. The data will be used to track the maintenance of the system and develop future improvement projects. 2. The large amount of mud and debris generated from rainfall clogs stormwater pipes during major events. Alden Research Laboratory, LLC is assessing the existing drainage pipe infrastructure and developing surface routes when feasible, rather than pipes, to reduce risk of clogging and subsequent property damage. 3. Develop regional mitigation measures along Nottingham Road, Swift Gulch Road and West Beaver Creek Blvd. to reduce future damage to private developments and public infrastructure including Avon Road. These projects will take several years to design and implement. Additional drainage easements on private property will likely be required depending on final project designs. 4. The federal grant applications are due on November 1st. The Town will apply for grants to construct regional mitigation measures. The existing project budget is $600,000 of which $177,000 is remaining and will be carried forward into 2023. Future projects include improved drainage facilities and flood mitigation measures located near 540 Nottingham Road, 330 Nottingham Road adjacent to Sonnen Halde condominiums, and 400 West Beaver Creek Blvd adjacent to Beaver Bench/Beaver Creek West condominiums. The 5-year Capital Program includes $500,000 for each project in 2024 to implement drainage improvements. This is a place holder and will be further refined during the development of the projects and the grant application process. MAP: Flood Mitigation Project Locations ATTACHMENT A Page 13 of 26 Public Works Facilities Master Planning: Public Works Operations, Engineering and Facilities divisions need to be relocated in 375 Yoder Ave. to make room for future transit expansion. This project will develop space and staffing needs based on Town build-out and create a vision for the site to accommodate these departments. The Public Works Master Planning budget is $100,000 and will start in 2022. MAP: 375 Yoder Ave., Town Owned Property Proposed for Future Public Works Operations ATTACHMENT A Page 14 of 26 Proposed 2023 Projects Fleet Roof Replacement: The Fleet Roof is 26-years old and at the end of its useful life. The project will replace the membrane roof with new membrane extending the life another 25-years. The installation of solar photovoltaic panels will be included in the project since the building is south facing and has excellent solar exposure. The project budget is $340,000 for the membrane and $100,000 for the solar panels. PHOTO: Fleet Maintenance Building PHOTO: Proposed solar panels on Fleet Roof ATTACHMENT A Page 15 of 26 Avon Regional Transit Facility Maintenance Program: The Avon Regional Transit Facility is 10-years old and requires maintenance to ensure the building is operated efficiently. Proposed projects include reconstruction of the overhead doors, upgrade of the heating, ventilation and air condition building automation system and drainage improvements at the bus wash exit. The total budget for the three projects is $395,600. PHOTO: Asphalt Surface Deterioration at Bus Wash Exit ATTACHMENT A Page 16 of 26 Recreation Center Sauna and Steam Room: The Recreation Center jacuzzi and steam room are due for a remodel because of the water intensive environment. The project will be partially funded from the Equipment Replacement fund. The project budget is $75,000. PHOTO: Recreation Center Sauna ATTACHMENT A Page 17 of 26 Pavilion Terrace Tent: A tent structure that can be placed on the terrace for the entire summer is proposed and must be designed to meet building code requirements, including wind load. The tent will provide for an enhanced experience for events located on terrace and reduce the staff time required for event set-up and take down. The project planning level budget estimate is $50,000.. PHOTO: Sunset Live - the Proposed Tent will Replace the 2 Temporary Tents ATTACHMENT A Page 18 of 26 Purchase of Art from Knox Galleries: Knox galleries notified the Town that the 9 art pieces currently on- loan to the Town are available for purchase. Staff is currently requesting pricing for the pieces which will be presented to Town Council for approval. The project budget is $75,000. Wildfire Mitigation: The Town has a yearly program to reduce fuel for future wildfires. The project budget is $40,000 per year. Saddleridge and Eaglebend Park Improvements: The Saddleridge and Eaglebend Parks are over 20- years old and are due to be renovated. The project budget is $25,000 in 2023 for design and $175,000 in 2024 for construction. MAP: Saddleridge Pocket Park ATTACHMENT A Page 19 of 26 MAP: Eaglebend Park Park Water Fountain Replacement: There are 3 water fountains that have difficult to find parts, should be upgraded with bottle fillers and do not meet American with Disability Act requirements. The project will replace the fountains and incorporate concrete pads that meet American with Disability Act requirements. The project budget is $75,000. Avon Road Safety Improvements: Council approved $150,000 per year in the 5-year Capital Improvements Program to analyze the existing road and roundabout configurations and recommend safety improvements. The initial project report is scheduled to be completed in November 2022. The report will specify safety projects to be incorporated in the Capital Projects Program. This is a continuation of the program started in 2022. Annual Guard Rail Repair: Council approved $40,000 per year for the repair and maintenance of guardrail throughout Town. ATTACHMENT A Page 20 of 26 Street Improvements: The Engineering Department accesses the condition of the Town’s Street network each year and recommends improvements for the 5-year Capital Project Plan. We recommend the following streets be included in the 2023 Street Improvements Program: • Fawcett Road Budget: $440,000 • W. Beaver Creek Blvd, US6 to Avon Elementary School Budget $ 1,030,000 • Swift Gulch Road from 500 Swift through Buffalo Ridge Budget: $1,292,748 • Buck Creek Road, Upper Section Budget: $557,704 Fawcett Road and Swift Gulch Road are located in the Village (at Avon) and are eligible to be paid from the remaining $455,210 in the Village (at Avon) asphalt overlay account. MAP: 2023 Street Improvement Program ATTACHMENT A Page 21 of 26 West Beaver Creek Blvd Eagle River Bridge Project: The West Beaver Creek Blvd Bridge over the Eagle River is due for maintenance and resurfacing. -Council requested the bridge railing be reconstructed to improve pedestrian and bicyclist safety. The project budget is $250,000. PHOTO: West Beaver Creek Blvd Bridge over the Eagle River ATTACHMENT A Page 22 of 26 Stonebridge and US 6 Roundabout. The Town received a $2,000,000 grant from the Colorado Department of Transportation for the construction of a roundabout at Stonebridge Drive and US 6. Eagle County has agreed to contribute $200,000 to the project. The project will enhance pedestrian and vehicle safety at the intersection. The total project budget is $2,500,000 and construction is planned in 2023. FIGURE: Stonebridge Drive and US6 Roundabout Location Harry A. Nottingham Park Path Replacement. This project will replace the path in the west side of Harry A. Nottingham Park from the dam to the pickleball courts is due for a full replacement. Included with this upgrade is an investigation of the feasibility of extending a new path between the railroad tracks and Avon Water Treatment Plant. The project budget is $72,000 in 2022 for design and $794,000 for construction. MAP: Recreation Trail Replacement and Trail Connector ATTACHMENT A Page 23 of 26 PHOTO: Recreation Path in Harry A. Nottingham Park due for Full Replacement. ATTACHMENT A Page 24 of 26 GIS Implementation: In 2021, the Town began implementing a Geographic Information System (GIS) to track and maintain infrastructure. The first components were the drainage network, irrigation system and streetlights. The 2023 program will include completion of the irrigation system, transit network and Community Development data. The project budget is for $125,000 in 2023. PHOTO: View of GIS drainage data collected in 2022 ATTACHMENT A Page 25 of 26 Nottingham Puder Ditch Repair. The Nottingham Puder Ditch diverts water from the Eagle River near the Eagle-Vail I70 interchange and terminates at Buck Creek near the Public Safety Facility. The ditch provides irrigation water to Post Blvd, East Beaver Creek Blvd, the Public Safety Facility, as well as Nottingham Lake if needed. It will eventually provide water to park facilities in the Village (at Avon) development. The ditch is partially piped through developed portions of the Village (at Avon). The non-piped section from the head gate to the Village (at Avon) leaks approximately 2 cubic feet per second when operating, or 357 acre-feet per year, approximately the size of Benchmark Lake in Harry A. Nottingham Park. The project budget includes $62,500 for design in 2022 and $756,250 for construction in 2023. MAP: Nottingham Puder Ditch. - Segment Due for Repairs is in Red ATTACHMENT A Page 26 of 26 La Zona, formally the Main Street Mall Extension: The La Zona project, formally called Main Street Mall extension, involves planning for redevelopment of the former fire station site, recreation center and extension of the Main Street Mall to Lake Street. The budget includes $175,000 for planning and design in 2023. 351 West Benchmark Road Building (Former Fire Station): Staff recommends that the 351 West Benchmark Road building be demolished. An asbestos and hazardous waste assessment was completed and there are small amounts of asbestos in the structure. The building was formerly the Avon Water Treatment Plant in the 1980’s and as a result there is a large, 20-FT deep concrete vault below the building that also must be removed. The building is currently used for storage of special event materials and large Public Works vehicles. The project is recommended to be deferred to 2026 and the project budget is $937,500. PHOTO: 351 West Benchmark Road Building (Former Fire Station) ATTACHMENT A CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Proposed Original Amended Amended Proposed Audited Budget Budget #1 Budget #2 Budget 2021 2022 2022 2022 2023 2024 2025 2026 2027 REVENUES Real Estate Transfer Tax: Base Level 7,348,714$ 3,300,000$ 3,300,000$ 5,000,000$ 4,000,000$ 4,000,000$ 4,000,000$ 4,000,000$ 4,000,000$ Penalties and Interest 5,472 - - - - - - - - Interest Earnings (12,481) 25,000 25,000 25,000 35,000 70,000 105,000 150,000 150,000 Intergovernmental: Federal/State: DOLA - Broadband Grant 17,153 - - - - - - - - GOCO Grant (Lee's Way Rebuild)- 25,000 25,000 25,000 - - - - - 2021 Charge Ahead Grant Fast EV Charging Station)44,000 - - - - - - - - 2022 Charge Ahead Grant Fast EV Charging Station)- 45,000 45,000 45,000 - - - - - CDOT US Hwy 6 & Stonebridge Rd. Roundabout Grant - -- - 2,200,000 - - - - Other Revenues: Project Cost Reimbursement 27,500 - - - - - - - - Nonclassified 7,050 - - - - - - - - Total Operating Revenues 7,437,408 3,395,000 3,395,000 5,095,000 6,235,000 4,070,000 4,105,000 4,150,000 4,150,000 Other Sources: Transfers In - General Fund - Assigned to Village at Avon Asphalt Overlays - - - - 250,000 250,000 250,000 250,000 250,000 Transfers In - Avon URA - Tract G Projects 750,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 Transfers In - Community Enhancement Fund - West Avon Preserve Trail Improvements 28,500 - - - - - - - - - Powerline Undergrounding - 120,000 120,000 120,000 - - - - - Transfers In - Water Fund - Nottingham-Puder Ditch Piping - 62,500 62,500 62,500 756,200 - - - - Transfers In - Equipment Replacement Fund - Diving Board and Water Slide - - 32,295 32,295 - - - - - - Pool Replastering 150,000 - - - - - - - - Total Other Sources 928,500 1,182,500 1,214,795 1,214,795 2,006,200 1,250,000 1,250,000 1,250,000 1,250,000 Total Revenues and Sources of Funds 8,365,908$ 4,577,500$ 4,609,795$ 6,309,795$ 8,241,200$ 5,320,000$ 5,355,000$ 5,400,000$ 5,400,000$ EXPENDITURES Capital Improvements: Facilities 1,856,104 1,585,000 2,731,895 2,731,895 3,660,600 650,000 - 937,500 270,000 Land and Land Improvements 598,700 1,777,000 2,274,875 2,274,875 65,000 215,000 40,000 40,000 40,000 Roads and Streets 1,818,387 1,890,000 2,685,504 2,000,504 5,699,452 1,816,701 4,595,000 1,858,955 4,034,000 Utility Projects 68,162 187,500 581,042 581,042 881,250 1,000,000 - - - Projected ATTACHMENT B CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Proposed Original Amended Amended Proposed Audited Budget Budget #1 Budget #2 Budget 2021 2022 2022 2022 2023 2024 2025 2026 2027 Projected Planning and Consulting - 100,000 100,000 100,000 175,000 - - - - Communications and Technology 200,886 145,939 428,857 428,857 100,000 - - - - Debt Service: Capital Leases: - 2014 US Bank, Plow Truck 26,279 26,279 26,279 - - - - - - - 2017 Commerce Bank, Plow Truck, Electrician Lift Truck 55,720 55,720 55,720 55,720 55,720 55,720 - - - Total Expenditures 4,624,238 5,767,438 8,884,172 8,172,893 10,637,022 3,737,421 4,635,000 2,836,455 4,344,000 Other Uses: Transfers Out - General Fund: - Engineering Department Salary and Operations 341,648 494,593 494,593 494,593 509,431 524,714 540,455 556,669 573,369 Transfers Out - Community Housing Fund: - Mi Casa Program - 597,699 597,699 597,669 - - - - - Transfers Out - Debt Service Fund: - 2010 COPs (ARTF)700 - - - - - - - - - 2014B COPS (Street Improvements)321,543 319,119 319,119 319,119 321,544 318,666 320,637 317,304 318,820 - 2016 COPS (Public Safety Bldg.)450,925 448,375 448,375 448,375 447,475 443,475 449,325 448,225 446,425 - 2020 Refunding COPs 195,317 192,214 192,214 192,214 194,123 195,983 190,793 192,640 193,437 Transfers Out - Mobility Fund: - Diesel Buses (2)200,000 - - 200,000 - - - - - - Electric Buses (2)- - - 400,000 - - - - - Transfers Out - Fleet Maintenance Fund: - 2020 COPs (Fleet Maintenance Bldg.)193,460 195,357 195,357 195,357 197,204 193,002 193,825 195,612 196,348 Transfers Out - Equipment Replacement Fund: - Street Sweeper and Loader 425,000 - - - - - - - - - Snow Plow - - - - - 301,181 - 319,512 - Total Other Uses 2,128,593 2,247,357 2,247,357 2,847,327 1,669,777 1,977,021 1,695,035 2,029,962 1,728,399 Total Expenditures and Uses of Funds 6,752,831 8,014,795 11,131,529 11,020,220 12,306,799 5,714,442 6,330,035 4,866,417 6,072,399 Net Source (Use) of Funds 1,613,077 (3,437,295) (6,521,734) (4,710,425) (4,065,599) (394,442) (975,035) 533,583 (672,399) Fund Balance, Beginning of Year 12,101,243 9,758,398 13,782,410 13,714,320 9,003,895 4,938,296 4,543,854 3,568,819 4,102,403 Fund Balance, End of Year 13,714,320$ 6,321,103$ 7,260,676$ 9,003,895$ 4,938,296$ 4,543,854$ 3,568,819$ 4,102,403$ 3,430,004$ ATTACHMENT B CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Proposed Original Amended Amended Proposed Audited Budget Budget #1 Budget #2 Budget 2021 2022 2022 2022 2023 2024 2025 2026 2027 Projected Fund Balances Restricted For: Asphalt Overlay 455,210$ 455,210$ 455,210$ 455,210$ 455,210$ 455,210$ 455,210$ -$ -$ Assigned For: Asphalt Overlay - - - - 250,000 500,000 750,000 55,210 - Tract G/URA Projects 1,155,610 800,610 844,108 844,108 (330,892) (330,892) 169,108 1,169,108 2,169,108 Unassigned:. Unreserved 12,103,500 5,065,283 5,961,358 7,704,577 4,563,978 3,919,536 2,194,501 2,878,085 1,260,896 Total Fund Balances 13,714,320$ 6,321,103$ 7,260,676$ 9,003,895$ 4,938,296$ 4,543,854$ 3,568,819$ 4,102,403$ 3,430,004$ ATTACHMENT B CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Proposed Estimated Total 2020 and Original Amended Amended Project Cost Proposed Project Prior Yr.Audited Budget Budget #1 Budget #2 To-Date Budget Project #Capital Improvement Projects Budget Actuals 2021 2022 2022 2022 2022 2023 2024 2025 2026 2027 PROJECTS HIGHLIGHTED IN BLUE ARE NON-DISCRETIONARY Facilities: General Government Facilities: 11019 Utility Upgrade 470,845 157,002 293,731 - 32,945 32,945 483,678 - - - - - 11021 Level 2 EV Charging Station - NTH 5,000 5,322 38 - - - 5,360 - - - - - 11023 New Town Hall 2nd and 3rd Floor Updates 130,000 3,335 33,423 - 93,242 93,242 130,000 - - - - - 11024 Asbestos Mitigation / Demolition 643,359 1,200 442,050 - - - 443,250 - - - - - 11025 H.A. Nottingham Park East Improvements 2,850,000 - 58,556 765,000 791,444 791,444 850,000 2,000,000 - - - - 11028 Office Furniture 103,000 - 27,184 - 76,000 76,000 103,184 - - - - - 11029 Building Access Control 70,000 - - 70,000 70,000 70,000 70,000 - - - - - New Town Hall Front Entry ADA Access 25,000 - - - 25,000 25,000 25,000 - - - - - Building Door Replacements 105,000 Public Safety Facilities: 12006 PSF Parking Lot Canopy Design 20,000 - 14,153 - 5,847 5,847 20,000 - - - - - 12007 Wildridge Emergency Warning Siren 356,436 - 28,436 25,000 328,000 328,000 356,436 - - - - - PSF HVAC BAS 75,000 PSF Security System 155,000 Public Works Facilities 13014 Public Works Facilities Expansion Planning 600,000 - - 100,000 100,000 100,000 100,000 500,000 - - - - PW Annex Roof (Wildridge)40,000 Fleet and Transportation Facilities: 14010 Fleet Maintenance EPDM Roof Replacement 320,000 - 10,500 - 9,500 9,500 20,000 340,000 - - - - Fleet Solar Panels 100,000 14019 Bus Shelters 270,000 - - 240,000 270,000 270,000 270,000 - - - - - 14020 Fleet Maintenance - HVAC / AC 25,000 - - 25,000 25,000 25,000 25,000 - - - - - 14021 ARTF - Roof Improvements / Snow 50,000 - - 50,000 50,000 50,000 50,000 - - - - - 14022 ARTF Roof Repair 90,000 - - - 90,000 90,000 90,000 - - - - - ARFT - Overhead Door Replacement 209,705 - - - - - - 105,000 - - - - ARTF - BAS / HVAC PM 165,600 - - - - - - 165,600 - - - - ARTF - Bus Wash Exit 125,000 Cultural and Recreational Facilities: 15019 Pavilion - Deck Railing and Floor Replacement 425,600 95,434 301,719 - 28,447 28,447 425,600 - - - - - 15021 Recreation Center Locker Replacement 330,439 - 303,412 - 27,027 27,027 330,439 - - - - - 15023 Recreation Center HVAC Upgrade 250,000 - 7,500 - 242,500 242,500 250,000 - - - - - 15024 Recreation Center ADA Parking 10,000 - 865 10,000 9,135 9,135 10,000 - - - - - 15025 Metcalf Family Cabin Feasibility Analysis 20,000 - - - - - - 20,000 - - - - 15026 Recreation Center Yoga Studio Bathroom Conversion 30,000 - 28,690 - - - 28,690 - - - - - 15027 Recreation Center Jacuzzi Leak Repair 60,000 - 27,406 - - - 27,406 - - - - - 15028 Recreation Center Pool Replastering 205,000 - 202,980 - 2,020 2,020 205,000 - - - - - 15029 Recreation Center Aquatics Remodel Plan and Design 50,000 - 50,000 50,000 50,000 50,000 - 650,000 - - - 15030 Pavilion Ramp 100,000 - - 100,000 100,000 100,000 100,000 - - - - - Water Slide Repiar and Diving Board 45,788 - - - 45,788 45,788 45,788 - - - - - Rec Center Steam Room/Sauna 75,000 Pavilion Terrace Tent 50,000 Art - Knox Gallery 75,000 Projected ATTACHMENT B CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Proposed Estimated Total 2020 and Original Amended Amended Project Cost Proposed Project Prior Yr.Audited Budget Budget #1 Budget #2 To-Date Budget Project #Capital Improvement Projects Budget Actuals 2021 2022 2022 2022 2022 2023 2024 2025 2026 2027 PROJECTS HIGHLIGHTED IN BLUE ARE NON-DISCRETIONARY Projected Other Facilities: 19006 DC Fast EV Charging Station - Tract A 75,000 51,103 317 - - - 51,420 - - - - - 19007 Level 2 and DC Fast EV Charging Stations - Tract A 81,000 - 75,144 - - - 75,144 - - - - - 19008 EV Charging Stations (6)220,000 - - 110,000 220,000 220,000 220,000 - - - - - 19009 2120 Saddle Ridge Loop Window Replacement 40,000 - - 40,000 40,000 40,000 40,000 - - - - - 351 Benchmark Demolition 937,500 - - - - - - - - 937,500 - PW Annex Roof 40,000 Parks Garage Roof 84,000 - Land and Land Improvements: 21027 O'Neil Spur Park Improvements Design 20,000 1,988 - - 18,012 18,012 20,000 - - - - - 21053 Nottingham Park West Courts Reconstruction 1,432,523 - 24,853 1,057,000 1,407,670 1,407,670 1,432,523 - - - - - 21054 Wildland Fire Mitigation 40,000 22,859 - 40,000 40,000 40,000 NA 40,000 40,000 40,000 40,000 40,000 21055 Power Line Undergrounding 120,000 - 333 120,000 120,000 120,000 120,333 - - - - - 21056 West Nottingham Park Improvements/Soccer Field 318,000 9,307 305,064 - - - 314,371 - - - - - 21057 O'Neil Spur Park Parking Lot Rebuild 100,000 - - - 100,000 100,000 100,000 - - - - - 21058 North Restrooms - Nottingham Lake Beach 540,000 - 19,942 490,000 520,058 520,058 540,000 - - - - 21060 Nottingham Park Light Upgrade- Phase 2 281,200 - 247,643 - - - 247,643 - - - - - 21061 Beach Expansion Planning 20,000 - 865 20,000 19,135 19,135 20,000 - - - - - 21062 Nottingham Park - Irrigation Replacement Design 50,000 - - 50,000 50,000 50,000 50,000 - - - - - Eaglebend Park Refresh 40,000 - - - - - - - 100,000 - - Saddleridge Park Refresh 100,000 - - - - - - 25,000 75,000 - - - Park Waterfountain Replacement 75,000 ATTACHMENT B CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Proposed Estimated Total 2020 and Original Amended Amended Project Cost Proposed Project Prior Yr.Audited Budget Budget #1 Budget #2 To-Date Budget Project #Capital Improvement Projects Budget Actuals 2021 2022 2022 2022 2022 2023 2024 2025 2026 2027 PROJECTS HIGHLIGHTED IN BLUE ARE NON-DISCRETIONARY Projected Roads and Streets: Streetscape Improvements: 31030 Mall Activation Elements 40,000 15,088 1,613 - 23,299 23,299 40,000 - - - - - 31031 Avon Rd./I70 Aesthetic Improvements 1,098,245 53,133 854,960 - 190,151 190,151 1,098,244 - - - - - 32035 Metcalf Road - Retaining Wall Stabilization 80,000 - - 80,000 80,000 80,000 80,000 - - - - - Post Blvd Streetlight Replacement 200,000 Annual Street Maintenance 32026 Retaining Wall Repairs - Nottingham & Swift Gulch Rd.150,000 - 6,179 - 143,821 143,821 150,000 - - - - - 32030 Avon Road Safety Improvements 750,000 - - 150,000 150,000 150,000 150,000 150,000 150,000 150,000 - - 32031 Mikaela Way and Benchmark Rd. Asphalt Overlay 400,000 - 312,692 - - - 312,692 - - - - - 32032 Hurd Lane Intersection Improvements 20,000 - 7,030 - 12,970 12,970 20,000 - - - - - 32033 WB B/C Blvd - US Hwy 6 to Avon Elem.515,000 - - 515,000 515,000 30,000 830,000 - - - - - 32034 Buck Creek Road Repairs 800,000 11,651 568,816 - - - 580,467 - - - - - 32036 Fawcett Road Asphalt Overlay 375,000 - - 375,000 375,000 375,000 20,000 440,000 - - - - 32037 Avon Elem. School Sidewalk Repair 200,000 - - 200,000 200,000 - 200,000 - - - - - 32038 Metcalf Road Culvert Repair 450,000 - 41,610 - 408,390 408,390 450,000 - - - - - 32040 Metcalf Road Manhole Repair 14,000 - - - 14,000 14,000 14,000 - - - - - 33220 Annual Guard Rail Repair 40,000 38,668 7,035 40,000 40,000 40,000 NA 40,000 40,000 40,000 40,000 40,000 Lake StreetRiverfront Asphalt Overlay 809,000 - - - - - - - - 809,000 - - Upper Buck Creek Repairs Asphalt Overlay 475,000 - - - - - - 1,292,748 - - - Post Blvd. Asphalt Overlay 1,400,000 - - - - - - - - 2,500,000 - - Swift Gulch Road - Buffalo Ridge Asphalt Overlay 364,000 - - - - - - 557,704 - - - - Swift Gulch Road - East Asphalt overlay 400,000 - - - - - - - - - 400,000 - Avon Road Asphalt Overlay 913,000 - - - - - - - - - 1,418,955 - Millie's Lane Asphalt Overly 56,000 - - - - - 56,000 - - - - Old Trail Road Asphalt Overlay 408,000 - - - - - - - 626,701 - - - Wildridge Road Asphalt Overlay 2,243,000 - - - - - - - - - 3,344,000 WBCB River Bridge Deck Repair Railing Upgrade 25,000 225,000 WBCB, Elementary School to Lake Street Asphalt Overlay 650,000 Multi-Modal/Alternative Mobility: 34039 US Hwy 6 & Stonebridge Rd. Roundabout 2,580,000 - - 380,000 380,000 380,000 380,000 2,200,000 - - - - 34040 West B/C Blvd./ Beach On-street Parking Imp.10,325 - 10,325 - - - 10,325 - - - - - 34044 June Creek Emergency Access 110,000 7,127 100,000 102,873 102,873 110,000 - - - - - W. Main Street Mall Improvements 1,500,000 - - - - - - - 1,000,000 500,000 - - ATTACHMENT B CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Proposed Estimated Total 2020 and Original Amended Amended Project Cost Proposed Project Prior Yr.Audited Budget Budget #1 Budget #2 To-Date Budget Project #Capital Improvement Projects Budget Actuals 2021 2022 2022 2022 2022 2023 2024 2025 2026 2027 PROJECTS HIGHLIGHTED IN BLUE ARE NON-DISCRETIONARY Projected Recreational Trails Program: 34041 Lee's Way Rebuild 50,000 - - 50,000 50,000 50,000 50,000 - - - - - 34043 West Avon Preserve Trail Improvements 57,000 52,464 1,000 - - - 53,464 - - - - - Recreation Trail Path Reconstruction 720,000 - - - - - 72,000 794,000 - - - - Avon Elem. School to Nottingham Lake Path Replacement 396,000 - - - - - - - - 396,000 - - Utility Projects: 21026 Nottingham Rd. Debris Flow Improvements and Water Qual 600,810 200,134 64,056 - 336,620 336,620 600,810 - - - - - 21028 Avon Road Water Quality Vault Projects 315,000 253,972 4,106 - 56,922 56,922 315,000 - - - - - 21029 GIS Implementation - Drainage Infrastructure Layers 75,000 - - 75,000 75,000 75,000 125,000 125,000 - - - - 61011 Tract A Drainage Improvements 50,000 - - 50,000 50,000 50,000 50,000 - - - - - 61012 Nottingham-Puder Ditch Repair 687,500 - - 62,500 62,500 62,500 62,500 756,250 - - - - 330 Nottingham Road Drainage Improvements 500,000 400 WBCB Drainage Improvements 500,000 Planning and Consulting: 79114 Schematic Design / Final Design - W. Main Street 275,000 - - 100,000 100,000 100,000 100,000 175,000 - - - - Communications and Technology: e-Gov.: 81011 Broadband 125,000 - 44,598 - 20,402 20,402 65,000 - - - - - 81012 Fiber - CDOT Hand hold to PSF 80,000 - - - - - - - - - - - 81013 RR Bridge LED Messaging Boards 75,000 - 55,930 - - - 55,930 - - - - - 81014 Permanent Variable Message Boards (3)150,000 - 17,719 - 132,281 132,281 150,000 - - - - - 81015 Finance/Comm Dev./HR ERP & HRIS Systems 275,290 142,756 22,299 - 110,235 110,235 275,290 - - - - - 81016 Mini-split NTH Data Center 20,000 - - - 20,000 20,000 20,000 - - - - - 81017 Firearms Simulator 32,000 - 32,000 - - - 32,000 - - - - - 81018 Hybrid Meeting Technical Improvements 30,000 - 28,340 - - - 28,340 - - - - - Microsoft Teams Phone System Migration 38,939 - 38,939 38,939 38,939 38,939 25,000 - - - - Survellance NVR Server Consolidation and Replacement 32,000 - 32,000 32,000 32,000 32,000 - - - - - Nottingham Park Wi-Fi Access 150,000 - - 75,000 75,000 75,000 75,000 75,000 - - - - Total Capital Improvement Projects 32,781,104$ 1,115,416$ 4,542,239$ 5,685,439$ 8,802,173$ 8,117,173$ 14,474,266$ 10,656,302$ 3,765,701$ 4,635,000$ 2,836,455$ 4,384,000$ ATTACHMENT B 970-748-4045 jhildreth@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Justin Hildreth, Town Engineer RE: Resolution No. 22-16, Approving Easement Deed and Agreement with the Upper Eagle Regional Water Authority for an Emergency Notification Siren Located at 1875 Paintbrush, Mountain Star DATE: August 18, 2022 SUMMARY: This report presents Resolution No. 22-16, approving an easement with the Upper Eagle Regional Water Authority for an emergency notification siren at 1875 Paintbrush, near the upper water tank in Mountain Star subdivision. DISCUSSION: The Capital Projects Fund budget includes $328,000 for the installation of an emergency notification system for the northern hillside communities of Wildridge, Wildwood and Mountain Star. The emergency notification system consists of 5 sirens to be located at the following locations: • Tract J Wildridge, 5700 Wildridge Road East • O’Neal Spur Park, Old Trail Road • Saddleridge Apts, 2120 Saddleridge Loop • Avon Public Works Annex, 1091 W Wildwood Road • Mountain Star Water Tank, 1875 Paintbrush Avon Town Council reviewed the siren locations at a March 22, 2022, work session and approved a Minor Development Plan on May 24, 2022. The siren proposed for 1875 Paintbrush will be on property owned by the Upper Eagle Regional Water Authority and requires an easement granted to the Town for the installation, operation, and maintenance of an emergency siren. The emergency notification system is scheduled to be completed by the end of the year and in operation for the 2023 wildfire season. The sirens have been purchased and are stored at the Public Works Facility, 500 Swift Gulch Road. The electrical system improvements will be bid out in the next couple of weeks and be completed before the end of the year. Page 2 of 2 FINANCIAL CONSIDERATIONS: The Upper Eagle Regional Water Authority is not requiring payment for the granting the easement agreement. RECOMMENDATION: I recommend Council approve Resolution No. 22-16, Approving Easement Deed and Agreement for an Emergency Notification System at 1875 Paintbrush, Mountain Star Subdivision. PROPOSED MOTION: “I Move to approve Resolution No. 22-16, approving Easement Deed and Agreement for an Emergency Notification Siren at 1875 Paintbrush, Mountain Star Subdivision.” Thank you, Justin Attachment A: Resolution No. 22-16 Approving Easement Deed and Agreement for an Emergency Notification Siren at 1875 Paintbrush Subdivision Attachment B: Easement Deed and Agreement MOUNTAIN STAR SIREN LOCATION Resolution – 2022 - 16 August 18 2022 Page 1 of 1 RESOLUTION 22-16 APPROVING EASEMENT DEED AND AGREEMENT FOR AN EMERGENCY NOTIFICATION SIREN AT 1875 PAINTBRUSH, MOUNTAIN STAR SUBDIVISION WHEREAS, the Avon Town Council has determined that the construction of a Town of Emergency Notification System will improve the public safety, will improve Town government operations, and will promote the goals of the Avon Comprehensive Plan; WHEREAS, the construction project will require a permanent easement and Section 2.1 of the Avon Home Rule Charter provides that the Town Council may acquire real property interests and Colorado Revised Statutes section 31-15-101(1)(d) provides that municipalities may acquire and hold real property; and WHEREAS, the Town Council finds that approval of the attached easement deed and agreement and authorization to negotiate, revise and finalize the permanent easement required for Town of Avon Emergency Notifications System project will promote the health, safety, prosperity, convenience and general welfare of the Avon community by facilitating the construction of such Project. NOW THEREFORE, the Avon Town Council, hereby RESOLVES as follows: 1. The form of the Easement Deed and Agreement which is attached to this Resolution as Exhibit A are approved and the Mayor and Mayor-Pro Tem are authorized to execute such easements. 2. The Avon Town Council hereby authorizes the Town Manager and Town Attorney to negotiate, revise and finalize the Easement Deed and Agreement. 3. The Mayor and Mayor-Pro Tem are authorized to execute the Easement Deed and Agreement for the Town of Avon Emergency Notification System Project which are reviewed and approved by the Town Attorney and Town Manager. By: Attest: ___________________________ Sarah Smith Hymes, Mayor Brenda Torres, Deputy Town Clerk EASEMENT DEED & AGREEMENT 1.0 PARTIES. The parties to this agreement (“Agreement”) are the Town of Avon, Colorado, a Colorado home rule municipality (“Town”) and Upper Eagle Regional Water Authority, a __________________________________________ (“Authority”). This Agreement is effective upon execution by the Authority and following execution by the Town on the date indicated below. 2.0 RECITALS AND PURPOSE. 2.1. The Authority is the owner of certain real property located in the Town of Avon, Eagle County, Colorado, known by Eagle County Assessor Parcel No. 194325400001 (“Authority Property”). 2.2 The Authority owns and operates a water tank, water lines, and related infrastructure on the Authority Property. 2.2. The Town operates and maintains an emergency notification system within the Town with the goal of providing a uniform, effective audible warning system to the public in the event of a wildfire. 2.3. The Town has expressed a desire to access and occupy the Authority Property for the purpose of installing, constructing, and maintaining a siren on the Authority Property as part of the Town's emergency notification system. 2.4. Section 2.1 of the Avon Home Rule Charter provides that the Town Council may accept conveyances of real property to the Town. 2.5. The Authority is willing to grant and convey an easement to the Town under the terms and conditions as hereinafter specified in this Agreement. 3.0 GRANT OF EASEMENT. 3.1. The Authority hereby grants and conveys to the Town an exclusive perpetual access easement for the purpose of installing, constructing, and maintaining one siren system (the "System") on the Authority Property (the "Easement"). The Easement shall be as particularly described and depicted on Exhibit A. 3.2. The Easement shall continue in perpetuity from the date of this Agreement. 4.0 TERMS AND CONDITIONS. 4.1. The Town agrees to construct, maintain, and repair the System placed or located on the Authority Property by the Town or its lessees, agents, employees, or other persons under the control or direction of the Town pursuant to this Agreement at the cost and expense of the Town and at no cost or expense to the Authority. Page 2 of 4 4.2. The Town acknowledges and agrees that the Easement is on property that has existing improvements and that the Authority may add future improvements (collectively, the “Authority Facilities”). The Town shall repair and replace any damage caused by its use of the Easement to any of the Authority Facilities. 4.3. The Town retains the right to the undisturbed use and occupancy of the Easement insofar as such use and occupancy is consistent with and does not impair the operation and maintenance of the Authority Facilities and insofar as such use and occupancy is not inconsistent with and does not impair any grant or covenant contained herein. 5.0 GOVERNMENTAL IMMUNITY. Nothing herein shall be interpreted as a waiver of governmental immunity, to which the Town and Authority would otherwise be entitled under § 24-10-101, et seq., C.R.S., as amended. 6.0 NOTICE. Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to the mailing addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. Notice to Town: Town of Avon 100 Mikaela Way Avon, CO 81620 With copy to: Karp Neu Hanlon, P.C. P. O. Drawer 2030 Glenwood Springs, CO 81602 Notice to Authority: ___________________________ ___________________________ ___________________________ 7.0 INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. If any other provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. 8.0 GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the State of Colorado and venue for any action arising under this agreement shall be in the appropriate court for Eagle County, Colorado. Page 3 of 4 9.0 WAIVER OF BREACH. A waiver by any party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. 10.0 BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties, their respective legal representatives, successors, heirs, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise expressly authorized herein. 11.0 UNDERLYING INTENT AND SCOPE. It is the intent of this Agreement that the Authority shall incur no cost or expense attributable to or arising from the construction, maintenance, or operation of the System. 12.0 AUTHORITY TO BIND PARTY. The undersigned persons represent that they are expressly authorized to execute this Agreement on behalf of the Parties and to bind their respective Parties and that the Parties may rely upon such representation of authority. 13.0 LEGAL FEES AND COSTS. In the event either party seeks legal action to enforce this Agreement, the prevailing party shall be entitled to recover any and all legal costs and attorney’s fees incurred. DATED _______________, 2022. TOWN OF AVON: By: ________________________________________ Name: ________________________________________ Title: ________________________________________ ATTEST: Approved as to Form: _________________________________ _______________________________________ Town Clerk or Deputy Town Clerk For Town Attorney’s Office Page 4 of 4 UPPER EAGLE REGIONAL WATER AUTHORITY: By: ________________________________________ Name: ________________________________________ Title: ________________________________________ STATE OF ____________________ ) ) ss. COUNTY OF __________________ ) The foregoing instrument was acknowledged before me this ________ day of ____________________, 2022, personally by _______________________________ as __________________ of the Upper Eagle Regional Water Authority. Commission expires: _________________ ______________________________________________ Notary Public (SEAL) [970-748-4083] [clin@avon.org] TO: Honorable Mayor Smith Hymes and Council members FROM: Charlotte Lin, Sustainability Coordinator RE: Participating in the Eagle County 2021 International Energy Conservation Code Cohort DATE: August 12, 2022 SUMMARY: The attached Resolution 22-17 (Attachment A) will establish Town of Avon’s intent to participate in the Eagle County 2021 International Energy Conservation Code (IECC) Cohort. The purposes of adopting this Resolution are two-fold: (1) allow the Town of Avon to receive free state-sponsored consultation to adopt the latest building codes and (2) demonstrate Avon’s commitment to the Climate Action Collaborative as a participating municipality in Eagle County. BACKGROUND: In response to the Climate Action Plan (“CAP”) goal of adopting the latest International Building Codes (IBC) and supporting components such as the IECC with consistency across jurisdictional boundaries in Eagle County, the County and the Climate Action Collaborative (CAC) are facilitating a County-wide Code Cohort to ensure a successful Code adoption by the end of 2022. The Code Cohort is hosted and funded by the Colorado Energy Office (“CEO”), who has contracted Lotus Engineering and Sustainability (“Lotus”), Clean Energy Economy for the Region (“CLEER”), and Mozingo Code Group to facilitate all participating Colorado communities to adopt the 2021 codes successfully. In Avon, Staff is planning for Codes adoption in late Q4, 2022. ANALYSIS: All jurisdictions within Eagle County are encouraged to participate in the Code Cohort. Beyond showing support to the Eagle County communities and the CAC, the Cohort provides the following additional benefits to communities that sign a Resolution that officially states that the community is committed to adopting the 2021 IECC by July 1, 2023. The benefits include: A minimum of 8 hours of community-specific support by the consultant team. Customized code adoption package including draft ordinance, code language, presentation materials, and attendance at Council meetings. Customized above-code policy planning. More details of the Scope of Work in Eagle County’s Codes Cohort are included in Attachment B. FINANCIAL CONSIDERATIONS: There is no financial obligation for the Town of Avon to participate in Eagle County’s IECC code cohort and to receive all consulting hours and benefits associated with the cohort. RECOMMENDATION: I recommend Council adoption of Resolution 22-17 PROPOSED MOTION: “I move to approve Resolution 22-17, Participating in the Eagle County 2021 International Energy Conservation Code Cohort.” Thank you, Charlotte ATTACHMENT A: Resolution 22-17 ATTACHMENT B: Eagle County Codes Cohort Scope of Work Resolution 22-17 August 23, 2022 Page 1 of 2 RESOLUTION 22-17 PARTICIPATING IN THE EAGLE COUNTY 2021 INTERNATIONAL ENERGY CONSERVATION CODE COHORT WHEREAS, the Town of Avon recognizes that the 2021 International Energy Conservation Code (“IECC”) will improve the energy performance and emissions of the built environment and will thereby promote the health, safety, resiliency, affordability, sustainability, and general welfare of our community; and WHEREAS, the Town is a partner in the Climate Action Collaborative for the Eagle County Community, which has a goal to reduce local greenhouse gas emissions 50% by 2030, with an associated target to immediately adopt above building code standards for new and remodeled residential and commercial buildings, and implement net zero or all-electric new construction codes by 2030; and WHEREAS, Holy Cross Energy has committed to achieve 100% renewable electricity by 2030 and net zero greenhouse gas emissions by 2035, therefore continuing to reduce building electricity CO2 emissions into the future; and WHEREAS, the 2021 International Energy Conservation Code is estimated to improve building energy efficiency eight to nine percent over the 2015 International Energy Conservation Code, therefore reducing operational energy costs; and WHEREAS, the Town of Avon recognizes that regional collaboration and consistency will streamline the construction process for builders and developers who work across the Eagle County communities, and will reduce the costs for our local government to adopt and enforce energy codes; and WHEREAS, the Colorado Energy Office provide will provide free technical assistance to a cohort of Eagle County communities working collaboratively to adopt of the 2021 International Energy Conservation Code plus supporting amendments; and WHEREAS, Lotus Engineering and Sustainability, the Southwest Energy Efficiency Project, and technical code experts have partnered with the Colorado Energy Office to provide technical assistance to cohorts of communities across Colorado to adopt the aforementioned new construction code and amendments; and WHEREAS, the State of Colorado passed HB22-1362 requiring all Colorado communities to adopt and enforce an energy code that achieves energy performance equivalent to or better than the 2021 international energy conservation code, including electric and solar ready code language; and ATTACHMENT A Resolution 22-17 August 23, 2022 Page 2 of 2 WHEREAS, Eagle County communities can play a leadership role in the state in adopting and implementing updated energy codes that work for our unique built environment and economy, thereby influencing the transition towards climate-friendly homes and buildings and accelerating the benefits to our citizens; and WHEREAS, the Avon Town Council finds that participating in the Eagle County 2021 IECC Code Cohort will promote the health, safety and general welfare of the Avon community. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town Council states its intent to participate in the Eagle County Code Cohort, the adoption of the 2021 International Energy Conservation Code, and supporting amendments for this code cycle and all future code cycles. ADOPTED August 23, 2022 by the AVON TOWN COUNCIL By: Attest: ___________________________ Sarah Smith Hymes, Mayor Brenda Torres, Deputy Town Clerk Page | 1 EAGLE COUNTY CODES COHORT SCOPE OF WORK Project Purpose The primary objective is to reduce energy use and climate emissions in the built environment through a collaborative and consistent adoption of the 2021 International Energy Conservation Code (IECC), including supporting amendments for communities within Eagle County. The scope, tasks, deliverables, and timeline are outlined below. Project Partners ●Confirmed Project Partners: o Lotus Engineering and Sustainability (meeting organization and facilitation) o Southwest Energy Efficiency Project (policy expertise, materials preparation) o Colorado Energy Office and/or Xcel Energy (funding for consultants) o Walking Mountains Science Center (regional integration, Climate Action Collaborative) o Mozingo Code Group Participating Communities All jurisdictions within Eagle County are encouraged to participate in the Code Cohort meetings and process. Jurisdictions within Eagle County invited to join the Code Cohort include; Eagle County, Town of Vail, Town of Avon, Town of Minturn, Town of Red Cliff, Town of Eagle, Town of Gypsum, and Town of Basalt. Any community wishing to receive additional consultant support beyond the set meeting schedule and deliverables will be asked to sign a resolution that states the community is committed to adopting the 2021 IECC by July 1, 2023. DELIVERABLES FOR COMMUNITIES WITH SIGNED COMMITMENTS: For every community that signs commitments to adopt the IECC 2021 by July 1, 2023, the consultant team will provide up to 8 hours of community-specific support. This could include, but is not limited to, customized code adoption packages including draft ordinances, code ATTACHMENT B Page | 2 language, presentation materials, council/commission packets, and attendance at or assistance with presentations to councils for adoption of code. DELIVERABLES FOR ALL COMMUNITIES: Any community that participates in the cohort will receive the following deliverables. Draft code language for all supporting amendments that are identified during the cohort process and a draft presentation with information on the supporting amendments that can be customized by internal staff to present to their boards. Project Scope of Work Building and Sustainability Staff Collaboration on Energy Codes TASK 1: COHORT MEETING 1. Hold a planning call with consultants, Climate Action Collaborative staff, and steering committee to review tentative dates and agendas (virtual). The steering committee will include up to one representative from each community. Bi-weekly meetings will be set with these stakeholders to ensure the project stays on task throughout the duration. Timeline: Week of July 11th, 2022 2. Organize, host, and facilitate a virtual kick-off meeting with all communities to confirm the approach for subsequent work, including timing and location of meetings, intended timing of adoption of codes, and other considerations. We will discuss how to best obtain consistency across the communities while still meeting each community’s unique needs and will evaluate how supporting amendments make progress towards each community’s climate or sustainability goals. Timeline: Week of August 1st 3. Organize, host, and facilitate a series of three meetings to review and discuss the 2021 IECC supporting amendments. At least the first two of these will be virtual, approximately two hours each, and will involve each community’s building and sustainability staff representatives. The final meeting will be an in-person meeting approximately 2 hours in length. These meetings will leverage code expertise and technical assistance from the Colorado Energy Office and Xcel Energy with code experts present at each meeting. Page | 3 o Meeting 1: 2021 IECC residential supporting amendments including solar-ready, EV- ready, electric-ready/electric-transition, efficiency strengthening and administrative/clarifying amendments. o Meeting 2: 2021 IECC commercial supporting amendments including solar-ready, EV-ready, electric-ready/electric-transition, efficiency strengthening and administrative/clarifying amendments. o Meeting 3: Wrap-up, remaining questions, finalization of highly consistent amendments, and (if time) discuss solutions for better compliance and departmental efficiencies Timeline: Biweekly meetings starting in the beginning of Sept. 4. Collect commitment letters from communities who wish to receive additional consultant support for code adoption. Timeline: Deadline end of August TASK 2: COMMON AMENDMENT PACKAGE + PPT 5. Develop policy recommendations to share with all communities. These will be a summary of the supporting amendments discussed and agreed upon during the cohort meetings. Timeline: Concurrent with meetings above 6. Develop a draft code package with amendments. A draft code package will be provided to each community to enter their individual information. The draft code package will include ordinance language, a presentation, and council/commission packet information, all customizable as applicable. Timeline: Sept-Nov 2022 TASK 3: IMPLEMENTATION SUPPORT 7. Support communities with signed commitments to hold individual meetings (virtual) to ensure that the draft code package is complete and ready to be presented for adoption. Timeline: Sept-Nov 2022 8. Support communities with signed commitments in council/commission/trustee presentations as necessary. Timeline: Sept-Nov 2022 Page | 4 9. Share findings and amendments with the Colorado Energy Code Collaborative, the Colorado Chapter of the International Code Council, the Mountain Beneficial Electrification group, and other interested communities in order to expand the energy and climate emission savings. Timeline: November 2022 TASK 4: PUBLIC MEETING + PUBLIC SURVEY 10. Host one public meeting to share the draft amendments, gather feedback from the builder and contractor community and make necessary revisions. Timeline: 1-2 weeks after Meeting 3 11. Develop public survey to share the draft amendments, gather feedback from residents and other stakeholders and make necessary revisions. Timeline: 1-2 weeks after Meeting 3 Project Management We propose an approach that will seamlessly support City staff in making the most well- informed and appropriate decision on codes for the Eagle County Community. At the project’s onset, we will establish agreement on the project goals, expectations, process, scope, timeline, and measures of success. Throughout the project, we will use a project management platform such as Monday.com to ensure there is consistent and clear communication on project updates and tasks. ● Project planning meeting with consultants and the lead community. ● Project kick-off meeting with all community representative leads. ● Bi-weekly check-in meetings with the consultant team, CAC staff, and steering committee (as identified above). ● Materials preparation. ● Monthly invoicing and reporting. ● Use of a virtual project management tool for sharing documents, providing updates on tasks and to-dos, etc. Considerations ● The three meetings will tentatively start in August and will run every other week. The timing is adjustable to accommodate schedules and holidays. Page | 5 ● Adoption will be up to each council/commission/board of trustees but could tentatively be as early as late summer / early fall. ● Communities are encouraged to consider a simultaneous adoption of all other 2021 I- Codes. Additional technical assistance for other codes is available free from the Colorado Energy Office as needed, though is not specifically planned into the scope of this effort. ● Consultants will ensure that the energy code adoptions meet requirements in new state laws passed in the 2022 session. ● The effective date of the new code needs to balance the training time for builders and contractors versus the climate and safety needs of the community. We will discuss implementation dates, including potentially a phased-in approach, amongst the cohort. Community Staff Expectations ● Attend and actively participate in all cohort meetings. ● Bring at least one building department staff member and at least one sustainability staff member, plus planning department staff, as applicable. ● Add community-specific content to the draft code package. ● Attend and actively participate in one-on-one planning meetings(s) for your community. ● Arrange and give necessary presentations to community leadership. ● Champion the 2021 IECC and supporting amendments throughout the project implementation. Budget ● Lotus (funding provided by the Colorado Energy Office) ● SWEEP (funding provided by the U.S. Department of Energy) ● NORESCO or Mozingo Code Group (funding provided by the Colorado Energy Office) (970) 748-4413 matt@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Matt Pielsticker, AICP, Planning Director RE: Development Bonus Work Session DATE: August 12, 2022 SUMMARY: This report and attachment (“Attachment A”) summarizes a flexible development review process that would allow additional development rights when a project provides meaningful community benefits. Earlier versions of a Development Bonus process were presented to the Town Council in 2010 during the unified land use code adoption, and again in 2019 when Inclusionary Zoning was reitntroduced. Both times these incentives wers were removed from consideration based on Town Council direction. I believe it is time to again consider this flexible development review process option. It would not only foster additional Community Housing units, but projects with high economic impact and/or enhanced public improvements that benefit the Town. The purpose of this work session is to solicit input and dialogue on the draft regulations. The Town Council can choose to engage in a public review process with a code text amendment application. TOWN MANAGER RECOMMENDATION: I recommend that Council approve Staff preparing a Code Text Amendment Application to enact Development Bonus criteria in the Avon Development Code. This would establish flexibility to allow developments which offer desired community benefits but do not quite meet the development standards in our existing regulations. BACKGROUND: For thirty years, Planned Unit Development (PUD) zoning was utilized throughout Avon as a way to provide flexible development standards. Results and compatibility of development varied greatly, as did the resulting community benefits for PUD negotiated projects. The unified land use code was adopted in 2010 as a way to bring the subdivision, zoning, and development standards under one umbrella. One of the primary goals of the unified land use code (“Title 7 - Development Code”) was to diminish the PUD process and provide clear expectations for developers, and the reviewing bodies, with new projects. PROCESS: Code Text Amendments must be initiated by the Town Council. Once initiated, staff provides public notification before a hearing with the Planning and Zoning Commission (“PZC”). PZC holds a public hearing and provides a recommendation to Town Council. Two readings of an Ordinance, with public hearing, are required before final action. TIMELINE: If the Town Council is interested in purusing a potential code text amendment, a possible application timeline can include: August 23 Town Council Work Session, Direction, Authorization September 6 PZC Public Hearing and Recommendation TOWN COUNCIL INITIATION STAFF ANALYSIS & REPORT PZC PUBLIC HEARINGRECOMMENDATION TOWN COUNCIL ORDINANCE & PUBLIC HEARING Page 2 of 2 September 13 First Reading of Ordiannce September 27 Public Hearing and Second Reading of Ordinance October 27 Ordinance Effective Date RECOMMENDATION: I recommend pursuing this code text amendment and gaining further recommendations from PZC before returning to Council with code text language. It is not uncommon to see Development Bonus processes in other communities, which work to provide tangible community benefits in exchange for increased development opporutnities. The process would be completely discretionary for Town Council. This provides some level of uncertaintly for developers at the front end when designing projects, however, the potential increase in development rights will likely illicit more interest in projects. PROPOSED MOTION: “I move to authorize Staff to proceeed with a code text amendment application and public process for development bonuses.” Thank You, Matt ATTACHMENT A: Development Bonus Example Text ATTACHMENT A DEVELOPMENT BONUS EXAMPLE Section 7.16.170 Development Bonus Development bonus means the approval of development project which differs from the minimum or maximum zoning as a means to provide an incentive for a development project that provides one or more desired public benefits described in this Section. Development bonus type means the type of public benefit proposed by the development project that corresponds to one of the listed types in section (d) below. (a) Purpose. The purpose of this section is to facilitate creative projects that would otherwise not be permitted by codified zoning and development standards. Development bonuses may be awarded for proposed development projects in all zone districts in accordance with this Section. (b) Applicability. Development bonuses will be considered when the Applicant has demonstrated substantiated community benefits that would not otherwise be achieved through the strict or literal compliance with the zoning and development standards outlined in Section 7.16.170(f). (c) Review Procedures. Applications for development bonus shall follow the general review procedures set forth in Section 7.16.020, An application for a development bonus shall be submitted concurrently with the principal application for development of the property and shall follow the notice and hearing requirements of the underlying development application. A public hearing and recommendation by PZC, followed by a public hearing by Town Council is required before the Town Council acts on an application for a development bonus. A development bonus shall only be effective and binding on the Town if stated in a development agreement which contains provisions stating that the development bonus is conditioned upon the performance and completion by the property owner of defined public benefits offered for the development bonus. (d) Development Bonus Types. A development bonus will only be considered for the public benefits in the categories defined in this sub-section (d). Multiple development bonuses may be awarded by the Town Council and may be applied cumulatively to a project or property. Development bonus proposals may include one or more of the following types: (1) Community Housing. Provision of Community Housing in excess of Employee Housing Mitigation standards required by Section 7.20.100. (2) Economic Stimulus. Demonstrating a significant economic benefit to the Town that would not otherwise be achieved through the strict and literal interpretation of development standards. Examples of economic stimulus include: hotel developments that significantly increase assessed property valuation, developments with retail and commercial activation components (i.e. guaranteed below market rate), and redevelopment of underutilized buildings or portions of buildings. (3) Public/Civic Space Enhancements. A development bonus may be awarded for public enhancements including plazas, courtyards, fountains, public art, benches, tables, kiosks, pocket parks, play areas and other enhancements to public pedestrian areas, public parking and transit facilities. On-site pedestrian enhancements and civic spaces shall be open to the public and shall be owned and maintained by the property owner or owners’ association. Off- ATTACHMENT A DEVELOPMENT BONUS EXAMPLE site pedestrian enhancements shall be no further than 2,500 from the property boundary of the development. (e) Review Criteria. The following criteria shall apply for the reviewing body when evaluating development bonus proposals: (1) Impacts do not outweigh benefits. The negative impacts of requested development bonuses on the public, adjacent property owners, or the Avon community do not outweigh the public benefits. (2) Mitigation of impacts. Any negative impacts presented by the requested development bonus should be mitigated to the extent practicable. Town may require an analysis and may require mitigation of the negative impacts of a development bonus on all public facilities, infrastructure, and services which serve the property, including but not limited to public infrastructure, streets, additional water rights required to serve the development, fire protection, ambulance services, transit, parks, and recreation. In addition, where a development bonus may result in negative impacts to adjacent or nearby properties, the Town may require mitigation of such impacts as a condition to granting the development bonus. (3) Location and design. The location and design of any contribution towards public parking, transit, pedestrian enhancement, streetscape improvement, or civic facilities shall take into consideration functionality, current and projected demand, and long-term maintenance and operation costs, and shall include such legal documents as are deemed necessary and acceptable to the Town. (f) Zoning and Development Standards. Density bonuses may be approved for the following zoning and development standards: (1) Parking. The minimum parking requirements may be reduced. (2) Building Height. The maximum building height may be exceeded. (3) Landscape Area. The minimum landscape area may be reduced. (4) Density. The maximum density may be exceeded. (5) Setback. The minimum setbacks may be reduced. (6) Lot Coverage. The maximum lot coverage may be exceeded. Related Amendments: Table 7.16-1: Development Review Procedures and Review Authority Procedure Notice Requirements* Director PZC TC Comprehensive Plan Amendment (§7.16.030) R H-R H-D Code Text Amendment (§7.16.040) R H-R H-D Rezoning (§7.16.050) M R H-R H-D Administrative PUD D A ATTACHMENT A DEVELOPMENT BONUS EXAMPLE Planned Unit Development (§7.16.060) Minor PUD Amendment M R H-R H-D Lot Split PUD Amendment for Wildridge PUD M R H-R H-D Major PUD Amendment M R H-R H-D Preliminary PUD M R H-R H-D Final PUD M R H H-D Subdivision (§7.16.070) Administrative Subdivision D A Minor Subdivision D A Preliminary Plan M R H-R H-D Final Plan M R H-D Development Plan (§7.16.080) Minor D or R H-D A Major R H-D A Major in Town Core R H-R H-D Special Review Use (§7.16.100) M R H-D A Variance (§7.16.110) M R H-D A Alternative Equivalent Compliance (§7.16.120) R R-D or R A or R-D Right-of-way Vacation (§7.16.130) M R H-D Vested Property Right (§7.16.040) M R H-R H-D Location, Character and Extent (§7.16.150) R H-D A Sign Plan (§7.16.160) Minor D or R H-D A Major R H-D A Development Bonus (§7.16.170) M R H-D H-D Appeal (§7.16.1780) H-D Annexation (§7.36) M R H-R H-D 1041 Permit (§7.40) R H-R H-D Historic and/or Cultural Preservation Designated (§7.50) H-D 7.28.020. Parking and Loading (h) Off-Site Parking. (1) Applicability. Off-site parking shall refer to any parking area which is provided and required to meet the minimum parking standards in this Development Code and which is located on a separate lot or ownership interest than the use, structure or lot which the parking serves. (2) Planned Unit Development. Establishment of off-site parking may only be established as by approval of a planned unit development. (3 2) Design and Location. Off-site parking shall have a direct, adequate and convenient pedestrian connection to the use, structure or lot which such parking serves and shall not be located more than five hundred (500) feet from the use, structure or lot which it serves. (4 3) Control of Off-Site Parking Facilities. In cases where off-site parking facilities are permitted, such facilities shall be owned and in the same identical ownership as the use, structure or lot which the parking serves. AVON REGULAR MEETING MINUTES TUESDAY AUGUST 9, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:00:01 Part One 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, Tamra Underwood, and Amy Phillips. Council member RJ Andrade was present via Zoom and Council member Scott Prince was absent. Also present in person were Deputy Town Manager Patty McKenny, Public Works Director Eva Wilson, Deputy Chief of Police Coby Cosper, Interim Town Attorney Karl Hanlon, Town Manager Eric Heil, General Government Manager Ineke de Jong, and Deputy Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:35 Mayor Pro Tem Phillips requested to move the work session item 5.9 from the regular agenda and consider it a written report as it will be reviewed at the next meeting, and hopefully it will contain more information then. Town Manager Eric Heil requested to remove agenda item 5.6 and to bring it back after more staff discussion. Mayor Pro Tem Phillips moved to approve the agenda as amended. Councilor Hardy seconded the motion and the motion passed with a vote of 5 to 0. Councilor Thuon was out of the room and Councilor Prince was absent. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:02:36 Councilor Underwood disclosed that she holds a short-term rental license, relevant to item 5.3 as she has disclosed before. She clarified it is not a conflict of interest, only a disclosure. 4. PUBLIC COMMENT Video Start Time: 00:03:17 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. Nathan Steel commented in person. He said he works for Xcel Energy and introduced himself as a liaison between Council and the company. He provided his email and phone number. Mindy Feldman commented in person. She introduced herself as a pickleball representative and thanked Council for the amazing new pickleball courts. AVON REGULAR MEETING MINUTES TUESDAY AUGUST 9, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Calyn Rieger, Avon Resident, commented in person. He introduced himself as a candidate running for Avon Council. No virtual comments were made. 5. BUSINESS ITEMS 5.1. EAGLE VALLEY COMMUNITY FOUNDATION PRESENTATION (MELINA VALSECIA AND DAN GODEC, EXECUTIVE DIRECTOR AND CHAIRMAN OF THE BOARD OF DIRECTORS) Video Start Time: 00:10:41 Melina Valsecia and Dan Godec , Executive Director and Chairman of the Board of Directors for the EVCF introduced themselves and presented the PPT included in the packet. Melina Valsecia expressed that about 15% of all customers that visit the MIRA bus every month are Avon residents. They answered Council questions and requested the Town’s support . Dan Godec said they are hopeful to get financial support again from Avon in 2023 to continue support ing the community, especially with inflation the last 6 months. He said EVCF paid off all lunch debts for kids at school so they could keep receiving free lunch. He mentioned and thanked donors supporting this community foundation. General Government Manager Ineke de Jong provided information on the Avon Community Grants funding program . Councilor Underwood thanked the Eagle Valley Community Foundation for leading the way and supporting the community specially during the COVID-19 pandemic. Councilor Thuon also thanked them and said it is very professionally run and that they are amazing. Councilor Hardy said she encourages people to not think about their social status as it does not feel like that when they go there and said that the community is very thankful f or all the work they do and the passion they put on this . 5.2. EAGLE VALLEY TRAIL COMPLETION UPDATE (KEVIN SHARKEY EAGLE COUNTY TRAILS MANAGER AND ROBIN THOMPSON, ECO TRAILS COMMITTEE MEMBER) Video Start Time: 00:24:36 Kevin Sharkey Eagle County Trails Manager and Robin Thompson, ECO Trails Committee member introduced themselves and presented the PPT included in the packet. He said they are here tonight for awareness and ask ing for a letter of support to go after GOCO an d other grants and expressed they will be applying for 2023 Avon Community Grant funding. Mayor Pro Tem Phillips said she would like them to work with the Town’s staff to add some Eagle Valley Trail signs . AVON REGULAR MEETING MINUTES TUESDAY AUGUST 9, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Councilor Prince joined in person at 5:34 p.m. Mayor Smith Hymes asked Council if they have any objection on sending a letter of support for this organization. All Council members agreed . Mayor Smith Hymes called for public comments and no public comments were made. Councilor Thuon mentioned a Bike -A-Thon would be a great idea to raise money. 5.3. FIRST READING: ORDINANCE 22-09 SHORT TERM RENTAL CODE TEXT AMENDMENTS (PLANNER 1+ MAX MORGAN) Video Start Time: 00:35:34 Senior Planner Jena Skinner presented and mentioned that changes recommended by Council at the last meeting are included in this first reading. Councilor Underwood made several language adjustments and requested to clarify many definitions. Councilor Thuon mentioned property rights and expressed one of his concerns is how to maintain this. Councilor Hardy responded on the property rights comment and questioned again if we want this to be a community or a resort community. She expressed she wants to do everything possible to retain a community and she is extremely in favor of this, but she is open to discuss the 42-days and the minimum of multifamily units. Mayor Smith Hymes suggested more language to be cleaned up in the ordinance. There was a lengthy discussion on the short-term and long-term rental and many Council members agreed that long-time renters cannot sub-rent to short-term renters. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Underwood moved to approve first reading of ordinance 22-09 Short Term Rental Code Text Amendments with modification as discussed tonight, to Title 5 and Title 7 of the Avon Municipal Code concerning short-term rental licenses, as well as the updated town core map and the updated short-term rental overlay map and to schedule a second reading. Councilor Hardy seconded the motion and the motion passed with a vote of 5 to 2. Councilor Prince and Councilor Thuon voted no. 5.4. FIRST READING ORDINANCE 22-10 COUNCIL COMPENSATION (TOWN MANAGER ERIC HEIL) Video Start Time: 01:33:53 Town Manager Eric Heil introduced the topic and said that Council had asked to gradually phase in the compensation increases. Deputy Town Manager Patty McKenny outlined the timeline with increases in 2024, 2026 and 2028. She then highlighted the three options for health insurance credit. Councilor Thuon expressed he as a single dad appreciates the insurance benefit for his family. Mayor Pro Tem Phillips said that the +1 and the +Family should be treated the same and that she agrees with some sort of credit for someone who does not need the insurance and saves the Town a little money. AVON REGULAR MEETING MINUTES TUESDAY AUGUST 9, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Councilor Underwood suggested to leave the insurance as it is as it would be best as the credit gets complicated and as a self-insured Town, the more people on the plan, the better, and she is in favor of the ordinance as written. Councilor Hardy, Councilor Andrade, and Mayor Smith Hymes supported her comments. Councilor Prince said he is in favor of the proposed increases but to strike-off the increases for 2028 column as the Town’s finances are unknown and he would rather leave that to future Council to decide. Mayor Pro Tem Phillips said she is in favor of the 2028 increases column. Councilor Underwood questioned if other Town’s employees have the same accommodation of declining the insurance if getting it through their spouse. Mayor Smith Hymes confirmed there is no accommodation for other employees. Councilor Prince asked if it is required for employees declining health insurance to show proof of other insurance and recommended that, if it not, the Human Resources Department incorporates this in the employee handbook. Councilor Thuon moved to approve the Ordinance 22-10 Amending Avon Municipal Code Chapter 2.04 Compensation of Council on first reading (as written, which excludes health insurance credit). Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 1. Councilor Prince voted no and expressed he supports the increases in 2024 and 2026 but opposes the increase in 2028. 5.5. PUBLIC HEARING - SECOND READING: ORDINANCE 22-11 RECALL REGULATIONS (TOWN ATTORNEY KARL HANLON) Video Start Time: 01:54:45 Interim Town Attorney Karl Hanlon expressed this only has a minor change in 2.9.020, where language was changed to "total ballots cast". Councilor Underwood said she requested two changes at the last meeting and those have not been incorporated and suggested mo re language changes and clarifications . Mayor Smith Hymes pointed out a typo and would like to give further thoughts about reimbursement of expenses , not just for those that are not recalled but also for those that are recalled , according to criminal behav ior. She questioned w hat if a Councilor cannot defend themselves and just gives up because they do not have the money . Councilor Underwood agreed with her comment. Mayor Pro Tem Phillips mentioned that in the Municipal Code there are currently no reasons for removal of a Council membe r and suggested to consider adding reasons where a Council member could be asked to resign due to illegal behavior . Councilor Underwood suggested to pass this as it is written now and giving more thought and work with the Town Attorney regarding the conditions for a removal of a Councilor , and then present these two suggestions as an amendment. Mayor Smith Hymes called for public comments and no public comments were made. AVON REGULAR MEETING MINUTES TUESDAY AUGUST 9, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Councilor Underwood moved to approve Ordinance 22 -11 Enacting Chapter 2.2 9 Recall Procedures of the Avon Municipal Code with the aforementioned changes. Mayor Pro Tem Phillips seconded th e motion and the motion passed with a vote of 7 to 0. 5.6. NOTICE OF AWARD – WEST BEAVER CREEK BOULEVARD ASPHALT OVERLAY PROJECT (TOWN ENGINEER JUSTIN HILDRETH ) Video Start Time: 02:13:51 This item was removed from the agenda. 5.7. P EER COMMUNITY COMPARISON OF REVENUES, BUDGETS AND SERVICES AND ASSESSMENTS OF REAL ESTATE COST OF OWNERSHIP (TOWN MANAGER ERIC HEIL) Video Start Time: 02:13:58 Town Manager Eric Heil presented the highlights of the fiscal analysis study update, performed by EPS (Economic & Planning Systems Inc). Councilor Underwood asked to add footnotes that some of the graphs need. Councilor Prince and Mayor Pro Tem Phillips agreed. Mayor Smith Hymes encouraged Council to think this over so they can ask the consultant when they present this again in September. Councilor Underwood said it is very confus ing that the Village (at Avon) is separated from the rest of Avon and said this needs more explanation. Under the real estate transfer tax charts, Mayor Pro Tem Phillips would like to add “real estate transfer tax/real estate transfer assessment (RETA) rate” and add a separate line for "Town of Avon Primary Resident" to show how the real estate transfer tax primary residence exemption makes Avon more affordable . Town Manager Eric Heil welcomed Council to send him further comments and questions and expressed staff is targeting to meet with EPS this fall to finalize the study. 5.8. WORK SESSION: PARKING MANAGEMENT PROGRAM (PUBLIC WORKS DIRECTOR EVA WILSON) Video Start Time: 02:47:38 Public Works Director Eva Wilson took Council through the parking management work session, summarizing discussions and directions provided in past Council meetings a nd outlined 3 suggested options: 1) no changes to current parking 2) implement parking plan as proposed on July 26th packet or 3) implement parking plan with changes/modifications. Council had a lengthy discussion on impacts to businesses, local employees, Recreation Center patrons, park users, special events , etc. Councilor Thuon said he does not want paid parking, but he does agree with managed parking. Councilor Hardy echoed Councilor Thuon’s comments and said she is against hiring additional employees for this. Councilor Thuon suggested to put a bus stop in front to the Sun & Ski store at the Traer Creek parking lot for the direct bus going to Vail in the morning for l ocals to park there and ride the bus which currently is not allowed. Mayor Pro Tem Phillips said that needs to be addressed as it is public parking that was built with public money. AVON REGULAR MEETING MINUTES TUESDAY AUGUST 9, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Councilor Andrade agrees with parking management but with the resources the Town currently has and not by charging people. Mayor Pro Tem Phillips requested to do the signage consistent and expressed she is glad that there is a recognition that management is needed. She suggested giving parking passes to Westin’s employees and manage the 3 -hour parking. Councilor Thuon mentioned a license plate reader software, Public Works Director Eva Wilson talked about this software. Councilor Prince said that in reality , the parking issue is seasonal, and he does not agree with the personnel and the license plate reader costs, and he thinks it is not needed for the Recreation Center parking lot . He mentioned that better ideas need to be presented to address specifically the Recreation Center parking it self. Mayor Smith Hymes called for public comments and Kim Saalfeld with the Avon Library commented in person. She talked about t he parking availability at the library and mentioned they monitor statistics, and about 8,ooo people visit the library per month, but there are only 25 parking spaces . Mayor Pro Tem Phillips said not making changes to the current situation is not doing their job. Councilor Underwood supported option 3. Mayor Smith Hymes was in favor of the soft ware but doing it at the minimum cost, without additional staff, if possible, at least for the first year. After Council discussion, there was a poll of 4 to 3 , Councilor Prince, Councilor Andrade, Councilor Thuon, and Councilor Hardy supported option 1 , no changes to current parking . 5.9. WORK SESSION: GREEN HOUSE GAS MATRIX (PLANNER 1+ MAX MORGAN) Video Start Time: 03:55:48 This item was removed from the agenda. 5.10. APPROVAL IGA EAGLE COUNTY FOR MUNICIPAL ELECTIONS (DEPUTY TOWN MANAGER PATTY MCKENNY) Video Start Time: 03:55:49 Deputy Town Manager Patty McKenny explained the IGA can be found in the packet and that the agreement maps out the roles and arrangeme nts, and that this is a pretty standard agreement from election to election. Mayor Smith Hymes called for public comments and no public comments were ma de. Councilor Thuon moved to approve the Eagle County Intergovernmental Agreement for the November 8, 2022 Eagle County Coordinated Election . Mayor Pro Tem Phillips seconded th e motion and the motion passed with a vote of 7 to 0. 6. MINUTES 6.1. APPROVAL OF JULY 26, 2022 REGULAR COUNCIL MEETING MINUTES (DEPUTY TOWN CLERK BRENDA TORRES) Video Start Time: 03:57:43 Mayor Pro Tem Phillips requested a change to agenda item 4 and check the tape whether the public used the word "mudslide" or "debris flow" in their comments . AVON REGULAR MEETING MINUTES TUESDAY AUGUST 9, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Councilor Underwood moved to approve the minutes from July 26 th with direction to staff to watch the tape and make that correction , if needed. Mayor Pro Tem Phillips seconded th e motion. Then Councilor Prince asked under agenda item 5.3, he would like the tape reviewed to "afford living here" to see what he said exactly about Council members running for Council. The motion was adjusted to approve the minutes with direction to staff to watch the tape for both item 4 and item 5.3 and make those corrections , if needed. The motion passed with a vote of 7 to 0. 7. WRITTEN REPORTS 7.1. Draft July 19 Health & Rec Committee Meeting Minutes (General Government Intern Emily Myler) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 04:00:48 Councilor Andrade left the meeting at 9:01 p.m. Councilor Thuon commented on the sign on the beach that says "reserved for SUP" and said the sign needs to be moved to leave more room for general beach users. He then announced his candidacy for Town Council for 2023. Mayor Pro Tem Phillips commented that the Eagle Air Alliance met yesterday and that there is now an Austin flight in the winter. She said the EGE airport has been awarded a federal grant to bring in a low- cost carrier by next winter, and that EGE will launch the $100 rebate program again for the fall, an announcement will follow in next 8 days or so. Councilor Underwood thanked Special Events CASE Committee Danita Dempsey, Events Coordinator Chelsea Van Winkle, and the Vail Valley Foundation for Dancing in the Park last Thursday and said it was really excellent and the best event she has seen. Councilor Hardy commented that Building Official Derek Place is an excellent inspector that delivers quality work for Avon and that she has received incredible compliments. She expressed that in her job, she experiences that Avon Staff is doing a great job and making it much easier to work with the Town than in surrounding Towns. She complimented the Police Department for their personable and professional work and ended saying Avon is lucky with so many incredible employees. She said CASE Manager Danita Dempsey and her crew work so hard and last weeks' SunsetLIVE! was awesome and that the Town’s bus drivers are awesome. Mayor Smith Hymes reminded everyone that Council petition packets are available at the Avon Town Hall today through August 29th. She mentioned she saw Public Operations cleaning the culverts in Wildridge with a big machine, which was great. Councilor Thuon ended by mentioning a safety concern up on Wildridge Road. AVON REGULAR MEETING MINUTES TUESDAY AUGUST 9, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:13 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: Brenda Torres, Deputy Town Clerk 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: Dean Stockdale, Senior Accountant RE: Financial Report – June and July 2022 Data DATE: August 17th, 2022 SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and short-term rental tax for June 2022 and the recreation fees and real estate transfer tax revenues for July 2022. BACKGROUND: The Town’s 2022 budget was adopted in December 2021. There have not been any subsequent revisions to the adopted budget so far in 2023. The percentage variance, or comparative change is reflected in the analysis portion of this report in respect to each individual section for June and July 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 – July 2022: June sales tax revenues totaled $1,116,755. This is an increase of $104,450 or 10.32% compared to June 2022 sales tax revenue of $1,012,445. JUNE 2021 v JUNE 2022 SALES TAX COMPARISON BY INDUSTRY       June 2021 June 2022 Increase/Decrease  Home/Garden $126,816.94 $137,054.62 $10,237.682  Grocery/Specialty/Health $173,893.65 $179,280.79 $5,387.14  Sporting Goods Retail/Rental $54,906.39 $45,057.34 ($9,849.05)  Miscellaneous Retail $53,081.38 $75,593.42 $22,512.04  Accommodations $161,730.21 $133,388.45   ($28,341.76)  Restaurants/Bars $149,648.62 $164,220.55 $14,571.93  Other $13,485.51 $18,681.73 $5,196.22  Service Related $58,166.17 $58,974.17 $808.00  Liquor Stores $26,630.32 $24,644.65 ($1,985.67)  E‐Commerce Retail  $52,926.20 $62,457.75 $9,531.55  Manufacturing/Wholesale $42,613.73 $76,994.40 $34,380.67  Construction Related Services $55,096.23 $88,115.85 $33,019.62  Digital Media Suppliers/Sellers $18,885.59 $24,851.10 $5,965.51  Commercial/Industrial Equipment $22,347.07 $26,967.63 $4,620.56  Special Events $2,077.13 $473.53 ($1,603.60)  TOTAL $1,012,305.14 $1,116,755.98 $104,450.84  Page 2 of 8 Sales Tax: June 2022 Budget v Actual Collections: June 2022 sales tax revenues totaled $1,116,755. This is an increase of $104,310 over the June 2022 estimates of $1,012,445. This is 10.30% over the adopted 2022 budget (based on a 3-year average). JUNE 2022 BUDGET v ACTUAL COLLECTIONS ‐ SALES TAX       2022 Budget 2022 Actual Dollar Variance Percentage Variance  June $1,012,445.81 $1,116,755.98 $104,310.17 10.30%  757,498.52 725,800.03 801,965.52 1,012,305.14 1,116,755.98  ‐4.18% 10.49% 26.23% 10.32% $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 $1,000,000 $1,100,000 $1,200,000 2018 2019 2020 2021 2022 2018‐2022 June Sales Tax  Revenue Trend Page 3 of 8 Accommodation Tax: Revenues – June 2022: Accommodation tax revenues totaled $142,677 for the month of June. This is a decrease of $15,911 or (-10.03%) compared to June 2021 accommodation tax revenues, which totaled $158,588. Accommodation tax collections by industry type for June 2022 compared to June 2021 reported an increase for Hotels & Time Shares and a decrease for Vacation Rentals. JUNE 2021 v JUNE 2022 ACCOMMODATION TAX COMPARISON BY INDUSTRY       June 2021 June 2022 Increase/(Decrease)  Timeshares $27,277.89 $28,018.97 $741.08  Hotels $65,013.14 $65,404.17 $391.03  Vacation Rentals $66,296.85 $49,254.12 ($17,042.73)  TOTAL $158,587.88 $142,677.26 ($15,910.62)  June 2022 Budget v Actual Collections: June 2022 accommodation tax revenues totaled $142,677. This is an increase of $3,184 over the June 2022 estimates of $139,492. This is 2.28% over the adopted 2022 budget (based on a 3-year average). JUNE 2022 BUDGET v ACTUAL COLLECTIONS ‐ ACCOMMODATIONS TAX     2022 Budget 2022 Actual Dollar Variance Percentage Variance  June $139,492.48 $142,677.26 $3,184.78 2.28%      94,804 92,412 51,187 158,588 142,677 ‐2.52% ‐44.61% 209.82% ‐10.03% $0 $25,000 $50,000 $75,000 $100,000 $125,000 $150,000 $175,000 2018 2019 2020 2021 2022 2018‐2022  June Accommodation Tax  Revenue  Trend Page 4 of 8 Short Term Rental Tax: Revenues – June 2022: STR Tax for Community Housing totaled $61,282 for the month of June. 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. June 2022 STR TAX FOR COMMUNITY HOUSING COMPARISON BY INDUSTRY      June 2022  Timeshares $14,009.49  Hotels $24,208.27  Vacation Rentals $23,064.07  TOTAL $61,281.83   Tobacco & Cigarette Tax: Revenues – June 2022: Tobacco tax revenues totaled $24,274 and cigarette tax revenues totaled $20,034 for June 2022. Compared to June 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. 11,088 15,707 22,965 27,785  41.65% 46.21% 20.99%  ‐  5,000  10,000  15,000  20,000  25,000  30,000 2019 2020 2021 2022 2019‐2022 June Tobacco  Tax  Revenue Trend Page 5 of 8 June 2022 Adopted Budget v Actual Collections: June 2022 tobacco and cigarette tax revenues totaled $27,785 and $20,889, respectively. This is an increase of $4,962 over the June 2022 budget for tobacco tax, which is $22,823 and an increase of $137 over the June 2022 budget for cigarette tax estimates, which is $20,752 which is based on a 3-year average. JUNE 2022 BUDGET v ACTUAL COLLECTIONS ‐ TOBACCO AND CIGARETTE TAX REVENUES       2022 Budget 2022 Actual Dollar Variance Percentage  Variance  Tobacco  $22,823.13 $27,785.01 $4,961.88 21.74%  Cigarettes  $20,752.21 $20,889.00 $136.79 .66%  Total   $5,098.67   10,050 24,732 22,932 20,889  146.08% ‐7.28% ‐8.91%  ‐  5,000  10,000  15,000  20,000  25,000  30,000 2019 2020 2021 2022 2019‐2022 June Cigarette Excise Tax  Revenue  Trend Page 6 of 8 Real Estate Transfer Tax: Revenues – July 2022: July 2022 real estate transfer tax totaled $453,490. Compared to July 2021, which totaled $463,719, this is a decrease of $10,229. This is an increase of $228,366 over the July 2022 budget which was based on a 3-year average. JULY 2022 BUDGET v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES       2022 Budget 2022 Actual Dollar Variance Percentage  Variance  Real Estate Transfer Tax   $225,124.65 $453,490.75 $228,366.10 101.44%  $272,420 $86,756 $234,702 $463,720 $453,491  ‐68.15% 170.53% 97.58% ‐2.21% $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 $450,000 $500,000 2018 2019 2020 2021 2022 Real  Estate Transfer  Tax  July Revenue Trends Page 7 of 8 Recreation Center Fees: Revenues – July 2022 Admissions & Program Fees: Recreation admission revenues for July 2022 totaled $63487, a decrease of $28,542 compared to July 2021 which totaled $92,029. This is $5,130 under the adopted 2022 budget estimates of $68,617. Recreation program fee revenues for July 2022 totaled $25,252. This is a decrease of $19,161 compared to 2021, which totaled $44,412. This is $27,093 under the adopted 2022 budget estimates, which is $52,345 which is calculated based on a 3-year average. 72,441 88,528 22,390 92,029 63,487  22.21% ‐74.71% 311.03% ‐31.01%  ‐  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 $49,968 $43,608 $42,861 $44,413 $25,252  ‐12.73% ‐1.71% 3.62% ‐43.14% $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 $50,000 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, Dean   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 $927,272.01 $1,385,384.85 $458,112.84 49.40%  Tobacco Tax $146,299.28 $165,402.80 $19,103.52 13.06%  Cigarette Tax $123,546.00 $116,799.54 (6,746.46) ‐5.46%  RETT $2,904,005.10 $3,818,268.88 $914,263.78 31.48%  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 $1,086,489.64 $1,385,384.85 $298,895.21 27.51%  STR Tax for CH $375,000.00 $629,656.96 $254,656.96 67.91%  Tobacco Tax $134,349.46 $165,402.80 $31,053.34 23.11%  Cigarette Tax $125,814.58 $116,799.54 ($9,015.04) ‐7.17%  RETT $1,583,141.95 $3,818,268.88 $2,235,126.93 141.18%  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%  FINANCE COMMITTEE MEETING WEDNESDAY, JULY 20, 2022 IN-PERSON MEETING AT AVON TOWN HALL Finance Committee Meeting, July 20, 2022 1 | 5 1. ROLL CALL The meeting began at 5:05 p.m. PRESENT- Finance Committee: Steve Coyer, Dee Wisor, Linn Brooks (in-person). . Town Council: Scott Prince Town Staff: Finance Director Scott Wright, Town Manager Eric Heil, General Government Manager Ineke de Jong, Deputy Town Manager Patty McKenny ABSENT-: Committee Members Markian Feduschak and Craig Ferraro Mayor Sarah Smith Hymes 2. APPROVAL OF JULY 20, 2021 MINUTES Committee Member Dee Wisor moved to approve the minutes from the July 20, 2021 meeting and Committee Member Linn Brooks seconded the motion. The motion passed unanimously by those present. 3. PUBLIC COMMENT There were no public comments. 4. STAFF UPDATES ON FINANCIAL RESULTS THROUGH JUNE 2022 Finance Director Scott Wright presented updates for the May and June financial reports, including the revenue collections 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. There was some discussion about revenue trends and year-over-year differences. It was noted with the implementation of the Colorado Sales and Use Tax System (“SUTS”), more than 100 businesses have registered to remit sales tax resulting in a dramatic increase in the e-commerce retails sales tax. Some impacts noted were less visitors this summer than last summer but overall, there have been very good revenue collections and the town’s financial condition remains very good. Finance Director Wright mentioned the year-end financial report would be presented at the next council meeting. See report in the packet for details with a summary of collections for all revenues below: 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. 5. 2022 CONSTRUCTION ACTIVITY UPDATE Finance Director Scott Wright presented the report reflecting the year-to-date 2022 construction activity. A number of projects were reviewed, such as the Frontgate Condominium Project, Eagle River Water & Sanitation District Wastewater Treatment Facility, Dual Brand Hotel (Traer Creek FINANCE COMMITTEE MEETING WEDNESDAY, JULY 20, 2022 IN-PERSON MEETING AT AVON TOWN HALL Finance Committee Meeting, July 20, 2022 2 | 5 area), and One Riverfront Condominium Project. It was noted some of the revenues generated by the new hotel will be collected by the Traer Creek Metro District (accommodations tax) and some by the town (property tax). See report for details with a summary below: Year to date, the Community Development Department has issued 94 permits with a total construction valuation of $204,199,048. Total fees collected this year so far total $44,383 for Exterior Energy Offset, $724,416 for Building Permits, and $468,041 for Plan Review. Joel McCracken joined at 5:34 p.m. 6. STAFF PRESENTATION: EPS REPORT AVON REVENUE & ECONOMIC STUDY Finance Director Scott Wright and Town Manager Eric Heil presented a final draft of the economic study report submitted by Economic & Planning Systems, Inc. (EPS), a report that included an analysis of peer community comparison of revenues, budgets and services report. The purpose of the report is to provide comparison data in a number of areas in an effort to inform the Town Council and staff’s considerations on revenue sources, tax levels, and funding strategies. The last report was completed in 2018 and the intent is to update it every three years. The report would also be presented to the town council at a future meeting. There was some discussion about future projects within the town and Traer Creek area. More details about the future buildout capacity of Avon would be worth noting. There was a request to include more details, if possible, related to sales tax collections. It was noted there have been some recent state legislative changes to sales/use and property taxes that may be impactful to Avon. It was noted the finance department would be reviewing the town’s code to ensure compliance with state tax law. Overall, there was a favorable opinion of the EPS Report addressing Avon Revenue and Economic Study from those members attending. 7. STAFF PRESENTATION: RESULTS AVON VOTER POLLING ON USE TAX, MARIJUANA TAX, AND REGIONAL TRANSPORTATION AUTHORITY TAX QUESTIONS Town Manager Eric Heil presented an overview of the ballot measure survey conducted by Magellan Strategies, a survey that polled Avon registered voters about three different ballot measures, (1) imposing a use tax to replace sales tax on the sales of construction materials, (2) imposing a retail tax on marijuana, and (3) imposing a .5% increase on sales tax or a .6% increase on lodging tax or a mill levy increase on property tax to fund a regional transit authority. The results were reviewed by the Manager and the committee. The full slide presentation showed the results of the responses to each question which were compiled via text messaging and an online survey. The polling would be presented to town council at the next meeting. In addition, there were many comments recorded by survey participants which addressed both pros and cons to the ballot proposals. Heil noted that staff would recommend sending only one of the tax measures to the voters. If the regional partners all agree to placing the funding for the RTA on the ballot, then that would be recommended as the priority for Town of Avon as well. If the RTA ballot proposal does not get full support from the partners, then it would be recommended to pursue the other tax measures. Committee members supported the approach. FINANCE COMMITTEE MEETING WEDNESDAY, JULY 20, 2022 IN-PERSON MEETING AT AVON TOWN HALL Finance Committee Meeting, July 20, 2022 3 | 5 Voter Polling Results Use Tax (4%): Retail Marijuana Tad (5%): Sales Tax for RTA (.5%) Lodging Tax for RTA (.6%) FINANCE COMMITTEE MEETING WEDNESDAY, JULY 20, 2022 IN-PERSON MEETING AT AVON TOWN HALL Finance Committee Meeting, July 20, 2022 4 | 5 Lodging tax for RTA (.6%) after informed that lodging tax is high Property Tax (1.2768 Mills) Heil noted that the Vail Economic Advisory Council, the Beaver Creek Economic Council and Vail Valley Partnership were the groups leading the discussions a year ago about the need to modify the existing transit services in the region and that with its current service levels offered, the community needs were not being met (workforce needs). Additional voter polling was completed by the RTA Formation group that showed support as well. There was also some discussion about the use tax ballot proposal which would replace the Town’s current 4% sales tax on construction materials with a 4% Use Tax. Heil noted that Avon is the only town in Eagle County without a use tax and that collection of a Use Tax is much more efficient for both contractors and the Town. The revenue generated by this tax would be allocated to the Town’s general fund. There was some discussion about how construction project valuations were calculated. 8. COUNCIL REPORT ON THE REGIONAL TRANSIT AUTHORITY Town Manager Eric Heil presented an overview on the formation effort of the Regional Transit Authority (RTA) and consideration of the IGA that is being reviewed by the other potential members (Town of Vail, Eagle County, Beaver Creek Metro District, Town of Eagle, Town of Gypsum). It was noted that the governing bodies would make final decisions about ballot questions no later than September 9 which is the date ballot content must be certified to the Eagle County Clerk. FINANCE COMMITTEE MEETING WEDNESDAY, JULY 20, 2022 IN-PERSON MEETING AT AVON TOWN HALL Finance Committee Meeting, July 20, 2022 5 | 5 9. NEXT COMMITTEE MEETING DATE The next meeting date was set for October 19, 2022. A number of topics were suggested for future review and discussion, as follows:  Focus on a long-term financial outlook with look at development of an asset management plan  Focus on growth of the community: o Align staffing resources with growing community needs and programs o Forecast for community and special events o Ensure sustainable growth o Review 5-to-10-year capital improvements plan  Review existing revenue sources and explore other potential revenues streams  Review affordable housing projects and options  Review financing vs. cash flow of capital projects  Review reserve thresholds  Review the La Zona planning process outcomes (includes recreation center improvements)  Review creation of Downtown Development Authority (revenue stream for housing?) 10. ADJOURNMENT The meeting adjourned at 6:40 p.m. Respectfully Submitted by Patty McKenny Deputy Town Manager | Town Clerk General Government Department 970-748-4065 ddempsey@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Danita Dempsey, CASE Manager RE: Salute to the USA Post Event Report DATE: August 17, 2022 SUMMARY: This report contains a summary of Staff findings, observations and reporting as well as Intercept Survey data on the 36th annual Salute to the USA event, on July 3rd, 2022. This is submitted as a written report and no action by Council is requested. BACKGROUND: Avon’s hallmark and signature event Salute to the USA was held for the 36th year on Sunday, July 3rd, 2022. The event is well established and can draw upwards of 25,000 people to Harry A. Nottingham Park and surrounding areas. This year’s event did not include fireworks due to concerns about the wildfire potential outlook presented at the May 22nd, 2022, Avon Town Council Meeting. During the CASE Committee Meeting on May 19th Staff received a recommendation to include a laser and/or drone show to replace the fireworks element which was supported by the Town Manager. Additionally, to help ensure the event was well activated, Staff contracted for more family entertainment options which included a photo booth, climbing wall, and more inflatable features. POST EVENT REPORT: Overall, the event ran very smoothly with all departments working together to create a seamless guest experience. The number of guests through the gates is estimated at 18,534 (guest count in 2021 was approximately 8,300). Guests were clicked by volunteer personnel as they accessed the venue via four main entry points located at (1) between the Recreation Center and Library, (2) Lake Street South terminus, (3) Lake Street North terminus, and (4) pedestrian bridge near the playground. The crowd size in the venue, and on the roadways were more manageable than the volume we experience when fireworks are included. Intercept Insights, LLC surveyed the event via in-person intercept and QR code methods in both English and Spanish; nearly 25% of the responses were recorded in Spanish. Please note the number of guests Staff reported to Intercept Insights is lower than clicked at the gates to allow for some margin of error by personnel clicking guests. The survey report highlights are provided below, and the full survey report is provided as Attachment A. Furthermore, to provide the granular detail on accommodations by type and location, which is available on the digital survey dashboard but not on Attachment A; Staff has provided screenshots of this information attached as Attachment B. 1. Total completed surveys – 125 | 100 In-person Intercepts | 25 QR Code Completions 2. Sample size provides statistical validity with an error rate of 8.7% at a 95% confidence interval 3. Estimated attendance – 16,500 4. Estimated revenue generated to the Town of Avon - 2.7M 5. 73% of the attendees came to Avon, CO specifically for the Salute to the USA 6. 62% of the attendees had attended Salute to the USA in the past 7. “Word-of-mouth” and “Newspaper” were selected most when asked, “How did you hear about, and/or where did you see advertising for Salute to the USA?” 8. 67% of the attendees staying in paid lodging stayed in Avon, CO 9. 83% are “Very” or “Extremely Likely” to return in the future 10. Average nights stayed in paid lodging in Avon, CO – 5.5 11. Average group size of those lodging in Avon, CO – 2.1 12. Average age of respondents – 48.7 | Average age of children under 18 – 7.0 Page 2 of 3 13. Estimated number of room nights generated in Avon – 4,113 14. Estimated average nightly rate in Avon - $430 Also, in the open-ended questions section of the survey participants were asked, “What can we do to increase your likelihood to recommend this event?” The most common responses were (1) have fireworks, (2) more kid’s activities, and (3) more or better music. And when asked “Is there one think we can do to enhance your experience in the future?” The most common responses were (1) better, more, or different types of music, (2) more food and beverage options, and (3) lower volume of music. The remainder of this report provides a brief list of what Staff believes functioned well, and areas identified as needing improvement and/or adjustment. Additionally, a detailed Final Post Event Brief arranged by (1) Operations & Logistics (2) Production & Talent (3) Security, Medical & Emergency Response (4) Sanitation & Resource Recovery (5) Marketing, Promotions & Communications; and (6) Transportation & Parking to allow for ease of organizing the information, the Final Post Event Brief is provided and attached as Attachment C. Additionally, a mini photo gallery is provided as Attachment D. Functioned Well: 1. Pedestrian foot traffic flow, entrances are in the right locations and guests accessed them evenly. 2. Talent was entertaining, put on a fantastic performance, and was a great fit for Avon. 3. Laser program instead of fireworks was well received and enjoyment depended on where you watched from. 4. Operations and coordination of laser show was less impactful than fireworks (no security, less staffing, less cost, no traffic stopped on I-70). 5. 30’ bars instead of 40’ allowed for more efficient operations, product was balanced and sold quickly, and guests enjoyed the low price point. 6. Expanded family activities with addition of a photo booth, climbing wall and more inflatables. 7. VIP hospitality operations were smooth, food was good and live painting experience was well received. 8. Pre-event cross Department all Staff meeting prepared personnel for their roles, responsibilities, and shifts. 9. Public Operations Works and Events Team stayed ahead of build schedule resulting in less staff time on Saturday, July 2nd 10. Promotions and advertising campaign on digital, social, and print gained more traction than prior years. 11. Staff working the event enjoyed the special surprise Salute to the USA branded socks. Areas for Improvement / Adjustment: 1. Additional Zero Hero stations for trash, recycle and composting. 2. Keeping Mikaela Way open did not ease traffic operations as expected and we should plan to again close Mikaela Way regardless of if there are fireworks. 3. Additional lighting in the venue, at points of egress and at sustainability sorting area. 4. Leaving the venue open during build creates potentially unsafe environment for park users. 5. The new “pass through gate” on the south side by the boat dock was challenging to manage. 6. Hire temporary labor to support cleanup efforts on July 4th. Page 3 of 3 FINANCIAL CONSIDERATIONS: The Approved 2022 Budget event expense is $258,560 and the actual year to date spend is $229,808; realizing a $28,752 savings. The Approved Budget event revenue projection is $48,600 and the actual year to date gross revenue is $36,100. Therefore, the net expense is $193,708. The decrease in revenue is directly correlated to the presenting sponsor backing out when fireworks were not happening. Although, alcohol sales were near identical to last year at $28,000 in gross sales the units sold is up by 47%, with 5,713 units sold this year compared to 3,856 units sold in 2021. Also, vendor booth sales were up from $4,600 in 2021 to $8,100 this year. Thank you, Danita Attachment A: Salute to the USA Survey Report Attachment B: Accommodations Filter by Type & Location Attachment C: Final Post Event Brief – Salute to the USA 2022 Attachment D: Photo Gallery Salute to the USA SALUTE TO THE USA SURVEY RESULTS JULY 2022 Prepared for: Town of Avon Prepared by: Intercept Insight, LLC PO Box 2078 Avon, CO 81620 970.331.1086 www.interceptinsight.com ATTACHMENT A OBJECTIVES The Town of Avon invested in a third party research company, Intercept Insight, LLC, to conduct intercept surveys during Salute to thte USA to help quanfy decisions and increase performance related to the event. With this insight, the Town is able to evaluate economic contribuons of the event, develop objecves to increase the overall performance, market effecvely, and provide sponsors with valuable data regarding the event. The Town of Avon idenfied several objecves for this study. Objecves: v A)endee details (e.g. reason for vising Avon, prior a)endance, loyalty) v Intent to return to the event v Quanfy recommendaons v Evaluate event performance v Esmate spending habits v Esmate revenue generaon v Understand media effecveness/awareness v Obtain demographical and geographical data v Determine accommodaons, nights stayed, town stayed in, etc. v Town of residence/Neighborhood SALUTE TO THE USA METHODOLOGY The Town of Avon and Intercept Insight designed a core set of quesons intended to meet the objecves of the study, including some event specific quesons. Once the survey was approved the quesons were programmed into a survey design tool and then uploaded to tablets. The surveys were then conducted in-person using the tablets to collect the data. In-person intercepts were conducted on July 3rd, 2022 throughout the event locaon. Surveyors were hired and trained to conduct the intercepts in a way so that a random representave sample of the populaon was being collected each day. Those surveyed must have been 18 years of age or older. A sample plan was designed, and a quota was met to ensure stascal validity. Once the quota were met, the data was downloaded using a stascal so8ware and prepared for analysis and reporng. The Town of Avon requested the survey to be translated to Spanish to ensure diversity within the sample, and a QR to be created to help increase the sample size. Nearly a quarter of the responses were recorded in Spanish. SALUTE TO THE USA HIGHLIGHTS v Total completed surveys – 125 | 100 In-person Intercepts | 25 QR Code Compleons v Sample size provides stascal validity with an error rate of 8.7% at a 95% confidence interval v Esmated a)endance – 16,500 v Esmated revenue generated to the Town of Avon - 2.7M v Net Promoter Score – 64 v Overall Sasfacon Score – 88 v 73% of the a)endees came to Avon, CO specifically for the Salute to the USA v 62% of the a)endees had a)ended Salute to the USA in the past v “Word-of-mouth” and “Newspaper” were selected most when asked, “How did you hear about, and/or where did you see adversing for Salute to the USA?” v 67% of the a)endees staying in paid lodging stayed in Avon, CO v 83% are “Very” or “Extremely Likely” to return in the future v Average nights stayed in paid lodging in Avon, CO – 5.5 v Average group size of those lodging in Avon, CO – 2.1 v Average age of respondents – 48.7 | Average age of children under 18 – 7.0 v Esmated number of room nights generated in Avon – 4,113 v Esmated average nightly rate in Avon - $430 SALUTE TO THE USA SALUTE TO THE USA FILTERS 2022 0K 5K 1.. 1.. 2.. 2.. 3.. . . . . . . . . . 16,500 $2,708,536 Attendance and Revenue Generation Year 2022 SALUTE TO THE USA FILTERS 2022 0% 20% 40% 60% 80% 100% 10% 15% 64% 74% Net Promoter Score Year 2022 Legend Promoters Net Promoter Score Passive Supporters Detractors Overall satisfaction Availability of food & beverages Quality of food & beverages Friendliness of staff Quality of the Entertainment 2022 2022 2022 2022 2022 0 20 40 60 80 100 88 88 92 94 88 Attribute Satisfaction Ratings SALUTE TO THE USA FILTERS Better music. I was expecting patriotic music or at least music I knew Big screens of stage in the back Continue free kids activities Don’t waste water & plastic by forcing me to throw away my water bottles for my entire family whiten I entered the event. How stupid. You are the ones not being environmentally responsible. Fireworks Fireworks not laser show What can we do to increase your likelihood to recommend this event? Year 2022 2022 Better music Fireworks Limit how load the music is More hip hop music More type of music More variety of music More vendors More vendors, less lines A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. Is there one thing we can do to enhance your experience in the future? SALUTE TO THE USA FILTERS Came for event Heard about it after arrival 2022 2022 0% 20% 40% 60% 80%73% 27% Reason for Visiting Avon Year 2022 Not at all Likely Not Very Likely Somewhat Likely Very Likely Extremely Likely 2022 2022 2022 2022 2022 0% 20% 40% 60% 3%3% 10% 28% 55% Intention to Return SALUTE TO THE USA FILTERS First year 2 years 3 years 4 years 5+ years 2022 2022 2022 2022 2022 0% 10% 20% 30% 40%38% 10%8%7% 38% Prior Attendance Year 2022 Self Spouse or significant other Family (including children) Family (not including children)Friends and Family Friends Only 2022 2022 2022 2022 2022 2022 0% 10% 20% 30% 12% 24% 29% 15%14% 6% With Whom Attended SALUTE TO THE USA FILTERS Yes No 2022 2022 0% 20% 40% 60% 80%75% 25% Are you with children < 18? Year 2022 1 C h i l d 2 C h i l d r e n 3 C h i l d r e n 4 C h i l d r e n Mo r e t h a n f i v e ch i l d r e n 2022 2022 2022 2022 2022 0% 10% 20% 30% 40% 30% 44% 11% 4% 11% Number of Children < 18 2022 0.0 2.0 4.0 6.0 8.0 10.0 7.0 Average Age of Children SALUTE TO THE USA FILTERS Em a i l In s t a g r a m Po s t e r Co n c i e r g e Ot h e r Ra d i o Ne w s p a p e r Fr i e n d s / F a m i l y To w n o f A v o n We b s i t e Go o g l e S e a r c h Fa c e b o o k Di s c o v e r A v o n We b s i t e Ot h e r W e b s i t e 20 2 2 20 2 2 20 2 2 20 2 2 20 2 2 20 2 2 20 2 2 20 2 2 20 2 2 20 2 2 20 2 2 20 2 2 20 2 2 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50% 2% 4% 13% 3% 12% 7% 29% 31% 6%7% 14% Media/Awareness Year 2022 SALUTE TO THE USA FILTERS Pr i m a r y R e s i d e n c e Pa i d L o d g i n g Fr i e n d s / F a m i l y 2n d H o m e Ti m e s h a r e VR B O / A i r B n B Da y T r i p Ca m p i n g 2022 2022 2022 2022 2022 2022 2022 2022 0% 20% 40% 60%54% 12%9%7%6%6%4%1% Accommodations Year 2022 Avon Beaver Creek Eagle Vail Vail Breckenridge Keystone Leadville 2022 2022 2022 2022 2022 2022 2022 0% 20% 40% 60% 67% 12% 7%7% 2%2%2% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying SALUTE TO THE USA FILTERS 1 - 2 3 - 5 6 - 7 8 - 10 11 - 14 15+ 2022 2022 2022 2022 2022 2022 0% 10% 20% 30% 40% 50% 10% 46% 29% 7% 2% 5% Nights Stayed Categories (All Accommodations) Year 2022 2022 0.0 2.0 4.0 6.0 5.8 Average Nights Stayed (All Accommodations) SALUTE TO THE USA FILTERS Lodging Spend Dining Spend Vendor Spend Retail Spend Activities Spend 2022 2022 2022 2022 2022 $0 $2,000 $4,000 $3,275 $189 $86 $41 $73 Average Household Spend in Avon by Category Year 2022 2022 $0 $100 $200 $300 $400 $500 $430 Average Nightly Rate Generated in Avon 2022 0 1,000 2,000 3,000 4,000 4,113 Room Nights Generated in Avon SALUTE TO THE USA FILTERS 2022 1% 2% 7% 1% 2% 1% 1% 1% 1% 2% 1% 1% 1% 2% 73% 1% © 2022 Mapbox © OpenStreetMap Origin Year 2022 1%73% Percentage SALUTE TO THE USA FILTERS Co l o r a d o Te x a s Fl o r i d a Ar i z o n a Ch i l e En g l a n d Ge o r g i a Ka n s a s Ma s s a c h u s e t t s Me x i c o Mi n n e s o t a Mi s s o u r i Ne v a d a Ne w J e r s e y Ne w M e x i c o No r t h C a r o l i n a Oh i o Ut a h Wy o m i n g 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 0% 20% 40% 60% 80% 73% 7%2%1%1%2%1%1%1%2%2%1%1%1%1%2%1%2%1% States of Origin Year 2022 Local In-State Day In-State Overnight Out-of-State International 2022 2022 2022 2022 2022 0% 10% 20% 30% 40% 50% 54% 4% 15% 22% 4% Market Segment SALUTE TO THE USA FILTERS Av o n Ed w a r d s Va i l Ea g l e V a i l Gy p s u m Ea g l e Mi n t u r n Re d c l i f f Ot h e r ( p l e a s e sp e c i f y ) 2022 2022 2022 2022 2022 2022 2022 2022 2022 0% 10% 20% 30%27% 23% 16% 13% 10% 4%3%1%3% In which community do you live? Year 2022 Ea s t C o r e ( v a l l e y f l o o r e a s t o f A v o n R o a d – Ch a p e l S q u a r e ) Hu r d L a n e / E a g l e b e n d Mo u n t a i n S t a r No r t h s i d e – M e t c a l f a n d N o t t i n g h a m R o a d s No t t i n g h a m P a r k / L a k e A r e a Ot h e r ( p l e a s e s p e c i f y ) Vi l l a g e a t A v o n , P i e d m o n t , B u f f a l o R i d g e We s t A v o n ( v a l l e y f l o o r w e s t o f A v o n El e m e n t a r y – S u n r i d g e / A s p e n s / L i f t v i e w ) Wi l d r i d g e 2022 2022 2022 2022 2022 2022 2022 2022 2022 0% 5% 10% 15% 5% 11%11%11%11% 16% 5% 16%16% In which part of Avon do you live? SALUTE TO THE USA FILTERS Married w/ children living at home Married w/ children not living at home Married w/o children Single w/ children living at home Single w/ children not living at home Single w/o children Prefer not to answer 2022 2022 2022 2022 2022 2022 2022 0% 10% 20% 30% 33% 24% 17% 3%4% 16% 2% Family Status Year 2022 Own Rent Prefer not to answer 2022 2022 2022 0% 20% 40% 60% 80% 74% 21% 4% Own vs. Rent Primary Residence SALUTE TO THE USA FILTERS So m e H i g h S c h o o l Hi g h S c h o o l So m e C o l l e g e As s o c i a t e s D e g r e e ( 2 y e a r ) Ba c h e l o r ' s D e g r e e ( 4 Y e a r ) Po s t G r a d u a t e D e g r e e Pr e f e r n o t t o a n s w e r 2022 2022 2022 2022 2022 2022 2022 0% 20% 40% 60% 3% 15% 7%2% 47% 17% 7% Education Level Year 2022 St u d e n t $0 - $ 2 4 , 9 9 9 $2 5 , 0 0 0 - $ 5 4 , 9 9 9 $5 5 , 0 0 0 - $ 7 4 , 9 9 9 $7 5 , 0 0 0 - $ 9 9 , 9 9 9 $1 0 0 , 0 0 0 - $ 1 9 9 , 9 9 9 $2 0 0 , 0 0 0 - $ 4 9 9 , 9 9 9 $5 0 0 , 0 0 0 + Pr e f e r n o t t o a n s w e r 2022 2022 2022 2022 2022 2022 2022 2022 2022 0% 20% 40% 1%2% 9% 2% 7% 17%14% 6% 42% Income Categories SALUTE TO THE USA FILTERS Female Male Prefer not to answer 2022 2022 2022 0% 20% 40% 60% 45% 54% 1% Gender Year 2022 Wh i t e / C a u c a s i a n Hi s p a n i c / L a t i n x Bl a c k / A f r i c a n Am e r i c a n As i a n Na t i v e Am e r i c a n / A m e r i c a n In d i a n Na t i v e Ha w a i i a n / P a c i f i c Is l a n d e r Ot h e r ( p l e a s e sp e c i f y ) Pr e f e r n o t t o a n s w e r 20 2 2 20 2 2 20 2 2 20 2 2 20 2 2 20 2 2 20 2 2 20 2 2 0% 50% 100% 64% 26% 2%2%2% Ethnicity 25 - 34 35 - 44 45 - 54 55 - 64 65+ 2022 2022 2022 2022 2022 0% 10% 20% 30% 13% 29% 21%20%18% Age Categories 2022 0.0 10.0 20.0 30.0 40.0 50.0 48.7 Average Age SALUTE TO THE USA FILTERS Ou t d o o r E n t h u s i a s t (c a m p i n g , h u n t i n g , fi s h i n g ) Tr a v e l e r Wi n e & F o o d i e Sp o r t s E n t h u s i a s t (h i k i n g , b i k i n g , sk i i n g ) He a l t h & F i t n e s s Ho m e E n t h u s i a s t (g a r d e n i n g , p e t ow n e r , a v i d r e a d e r ) Te c h E n t h u s i a s t In v e s t m e n t & M o n e y Ho b b i e s & I n t e r e s t s (c o l l e c t o r , c r a f t s , ho m e s h o p ) Cr a f t B e e r En t h u s i a s t Ar t s E n t h u s i a s t (m u s i c , d a n c e , Th e a t r e ) Li v e M u s i c En t h u s i a s t Ot h e r ( s p e c i f y ) 20 2 2 20 2 2 20 2 2 20 2 2 20 2 2 20 2 2 20 2 2 20 2 2 20 2 2 20 2 2 20 2 2 20 2 2 20 2 2 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 45% 39%38% 34% 19% 14% 3% 11% 15% 26% 21% 30% 2% Lifestyle Categories Year 2022 Accommodations Filters: Paid Lodging ATTACHMENT B Accommodations Filters: Friends & Family Accommodations Filters: 2nd Homes Accommodations Filters: Timeshare ATTACHMENT C - SALUTE TO THE USA 2022 - POST-EVENT BRIEF EVENT OVERVIEW EVENT NAME DAY/DATE AND TIMES PRODUCER Salute to the USA Sunday, July 3rd, 2022 Start Time: 5:00pm End Time: 10:30pm ☒ Town Produced ☐ 3rd party _______________ LOCATION ESTIMATED ATTENDANCE/FREE OR TICKETED WEATHER DURING EVENT Harry A. Nottingham Park and Avon Performance Pavilion 18,534 people came through four main gates: A. REC/LIB: 5,000 B. LAKE ST. SOUTH: 4,731 C. LAKE ST. NORTH: 4,387 D. PED BRIDGE: 4,416 Temp: High 82 Low 58 Wind: Wind was minimal Rain/Snow: Sprinkled rain before doors Weather was beautiful, great temperature with some cloud coverage BRIEF EVENT DESCRIPTION We invite you to take part in the family friendly festivities in Harry A. Nottingham Park with face painters, holiday themed stilt walkers, balloon sculptors, magicians, inflatable fun houses and so much more! Bring your blanket and enjoy festival style food favorites from fresh squeezed lemonade and funnel cakes to mini-donuts and roasted ears of corn. Live music is sure to keep you dancing and singing, followed by a state of the art, awe inspiring laser show lighting up Nottingham Park and nearby hillside! Opener: Cory Wong takes the stage at 6:00 p.m. Headliner: Galactic featuring Anjelika 'Jelly' Joseph EVENT DETAILS EXPENSE BUDGET REVENUE GENERATED ALCOHOL SERVED APPROVED BUDGET = $258,560 ACTUAL SPEND = $229,808 NET EXPENSE = $193,708 $36,100 Gross GROSS ALCOHOL SALES = $28,000 VENDOR SPACE = $8,100 ☒ Yes, Town Served ☐ Yes, BYOB ☐ Yes, S.E. Permit ☐ No STAFF OBSERVATI0NS/RECOMMENDATIONS Overall, the event ran very smoothly with all departments working together to create a seamless guest experience. The number of guests through the gates, in the venue, and on the roadways were more manageable than the volume we experience when fireworks are included. The Intercept Survey finds that guests were disappointed there were not fireworks. Highlight - Functioned Well: 1. Pedestrian foot traffic flow, entrances are in the right locations and guests accessed them evenly. 2. Talent was entertaining, put on a fantastic performance, and was a great fit for Avon. 3. Laser program instead of fireworks were well received and enjoyment depended on where you watched from. 4. Operations and coordination of laser show was less impactful than fireworks (no security, less staffing, less cost, no traffic stopped on I-70). 5. 30’ bars instead of 40’ allowed for more efficient operations, product was balanced and sold quickly, and guests enjoyed the low price point. 6. Expanded family activities with addition of a photo booth, climbing wall and more inflatables. a. Family Zone reported 3,500 kids came through 7. VIP hospitality operations were smooth, food was good and live painting experience was well received. 8. VIP rsvp not being required significantly reduced the staff administration time. 9. Communications on the same radios (800 MHz) and channel between departments and Incident Command worked well with small periods of time where volume was extreme. 10. Pre-event cross department all staff meeting prepared personnel for their roles, responsibilities, and shifts. 11. Planning documents provided clear direction regarding build timelines, asset placement, vendors, and power needs. 12. Public Operations Works and Events Team stayed ahead of build schedule resulting in less staff time on Saturday, July 2nd 13. Promotions and advertising campaign on digital, social, and print gained more traction than prior years. A full events marketing report will be presented later in the season. 14. American Fencing Company sent two crews for both build and strike which was done in one day each instead of two. 15. Staff working the event enjoyed the special surprise Salute to the USA branded socks. 16. Requesting staff to volunteer to work a shift in exchange for additional PTO 17. Food vendors stated they did “very well.” Page 2 Highlight - Areas for Improvement/Adjustment: 1. Additional Zero Hero stations for trash, recycle and composting. 2. Keeping Mikaela Way open did not ease traffic operations as expected and we should plan to again close Mikaela Way regardless of if there are not fireworks in 2023. 3. Secure chain link fence at restroom building / playground. 4. Rent golf carts as the four (4) in Public Operations is not enough to accommodate staff and materials being moved during build and strike. 5. Additional lighting in the venue, at points of egress and at sustainability sorting area. 6. Secure the outside workout area in the park with more caution tape, repaired gate, and security personnel. a. Include closure of this area in the event impact notice. 7. Train staff who are not used to using radios on protocols for potentially emergent and/or volatile situations. 8. Leaving the venue open during build creates potentially unsafe environment for park users. 9. The new “pass through gate” on the south side by the boat dock was challenging to manage. Look at ways to improve. 10. Family Zone designate inflatables specifically for ages three and under. 11. Hire temporary labor to support cleanup efforts on July 4th. Operations & Logistics: 1. Staffing: a. Public Operations being short staff created a long day for staff working the event. b. Increase personnel at the Lake St. traffic; three (3) total. c. Use professional security at stage access points instead of TOA personnel. d. Innovative Team Partners, which is an event staffing company, was hired to assist with beverage disbursement, on-site directional signage, and sponsor banners. This was helpful and exposed the need to provide clearer written directions supported by pictures. e. Offering all Town staff, the opportunity to volunteer to work with the additional 8 hours of PTO, provided 19 staff who would not have otherwise had to work the event (i.e., Public Operations. Police, Transit and Events) 2. Power: a. Ordered two (2) additional turtle power boxes from third party vendor to support Family Zone and food vendors. b. May not need the 75KW generator on the north side with the installation of power near the outdoor gym. c. Fine tune communications with vendors regarding when power is available pre and post event. 3. VIP Area: a. 88 individuals representing 249 credentials were on the VIP invite list and 136 credentials were picked up; 100 VIP parking passes were made available and 29 of them were picked up. b. Better communications with staff at VIP check in location regarding no need to check people name on lists. c. Consider adding a punch to the VIP credential noting the credential has been used as there were credentials being passed around to multiple people. d. The live art was well received and incredibly fun to have as “entertainment” for VIP guests. The piece is now on display at the Recreation Center. 4. Bar: a. Gross revenue was $28,388 compared to 28,424 gross revenues in 2021 b. Sold 5,713 units of product compared to 3,856 units in 2021 representing a 47% volume increase c. Beer was the top product category followed by canned cocktails, non-alcoholic, seltzer and wine d. There were lines at the bars but no wait times that caused concern. e. New best practice with events is no wristbands issued after checking of ID’s, this caused consumer frustration about having their ID checked multiple times. f. Consider placing staff/volunteers in bar lines to check IDs would be beneficial and/or having signage stating, “ID Required.” g. Non-uniformed Eagle County Sheriff interacted with a staff person and stated that “…was happy about getting asked for his ID…” h. Ensure the pre-event Bar Team meeting covers protocols/policy regarding cutting people off and/or looking for signs of intoxicated people. 5. Vendors: a. We had more vendors this year (15) than in 2021 (10) however, we could use 5-8 more. b. The lines and wait times were long. c. Back of house for vendors is messy and difficult to manage. d. Consider using scrim on chain-link and/or barricade fencing to better conceal from guest. e. Add vendor row security personnel back into budget to discourage public from accessing back of house area. Page 3 f. Check for gaps between vendors and/or provide fencing to discourage public from accessing back of house for restrooms and seating. g. If space allows, increase number of parking passes each vendor receives. Many vendors pass around their parking passes to shuttle staff and supplies to the venue. h. Continue to encourage vendors to pick up passes early and/or mail out if possible. Day of vendor pass pick up is difficult to manage. Production & Talent: 1. Avon was fortunate to get two (2) top-tier bands who provided both fantastic performances. 2. Talent was acquired and production advanced by Peak Performance. 3. Kaleidoscope provided all stage production (sound, lights, and backline). 4. Create “Artist Credentials” to eliminate confusion at access points to stage including Terrace and VIP area (VIP guests used restroom in Green Room). 5. Arrival of headliner on July 3rd at 3:00 p.m. in Denver was stressful, and luckily there were no traffic issues on I-70 and the band arrived on time. 6. Remember to have artists sign event posters for mementos. Security, Medical, & Emergency Response: 1. Minimal incidents reported, one individual removed from the venue and 7 lost children quickly reunited with parents/guardians. 2. Inviting Avon PD to present at the all-staff pre-event meeting was beneficial for TOA staff who is not used to the event environment with over 10,000 people. 3. Request Avon PD assistance with training staff who are not used to using radios on protocols for potentially emergent and/or volatile situations and highlight in planning documents provided to staff. 4. Constant communication with private security regarding scope of work, personnel placement, parking access and behavior. 5. Remember to use prohibited signage that includes no bikes. Sanitation & Resource Recovery: 1. The number of standard portlets (65), ADA (5), handwashing stations (10), VIP trailer (1) and grey water disposal (2) was adequate and near capacity in some locations. 2. The portlet units on the north side were locked prior to the event which caused some frustration for general park users. 3. The portlet units at the Family Zone received the most use and the units near the outdoor gym received the least use. 4. Consider adding pole flags stating “Restrooms” for more awareness as to location of restrooms. 5. Remember to close the public restroom building in the morning as it became unsightly and unsanitary by early evening. 6. More Zero Hero stations are needed and reimplement using the “Reduce, Reuse, Recycle” banners for more awareness as to locations. 7. Walking Mountains did an excellent job removing so much trash after the event. Marketing, Promotions & Communications: 1. Promotions and advertising campaign on digital, social, and print gained more traction than prior years. Examples of marketing materials are provided on pages 5-6. a. Three (3) ½ page print ads in Vail Daily b. Vaildaily.com digital marquees (2) c. Facebook DID campaign d. Bands in Town social media campaign e. Facebook and Instagram boosted ads and increased social posts for the event, posting the week before and every day during event week. f. KZYR 150 :60 radio spots, 150 pre-recorded promos, 100 DJ mentions and the Last DJ on Friday, July 1 g. 20 Avon Road light pole banners for 28 days h. 150 event posters i. Bus driver talking points j. Three (3) event press releases sent on May 26, June 1, and June 29 k. A full summer events marketing report will be presented later in the year 2. Increase awareness regarding plastic-free venue and for guests to bring an empty non-plastic vessel for water. 3. Consider creating on-site signage with schedule of events posted near stage and entrances. 4. Signage at entrances and photo booth encouraging social posts and providing “Avon” hashtags worked well. Transportation & Parking: 1. Buses / Town Shuttle / Ride Share / Bikes: Page 4 a. Special Event Shuttle total one-way trips provided: 751 i. Locations: Elk and Bear parking lots, Freedom Park, Eagle-Vail Community Center, and Walmart ii. Elk and Bear parking lots were the busiest followed by Freedom Park in Edwards b. 42% increase ridership over June averages. c. Kept Night Rider open for service d. Guests called to request service available until 11:00 p.m. e. Total Hours Buses were in service: 19 f. More communication regarding where ride share services are located to drop off and pick up g. Signage needs to include language regarding no bike in the venue. h. Need to identify where bikes can park and partner with organization who can provide “bike valet” service. 2. Parking: a. VIP and vendor parking does not fill up and will consider removing VIP parking and adjusting vendor parking. b. ADA parking was over spaces identified as ADA with approximately 30-40 vehicles. i. Need space for vans which need full ADA access. 3. Traffic: a. Mikaela Way being open to the public caused a safety concern with pedestrian and vehicle cross traffic. Should remained closed to all traffic in 2023. Future Ideas: 1. Expanding venue to include Rec Center North lot for either food vendors or art activations 2. Schedule Blue Angles or Air Forces fly over for 2023. 3. Distribute branded Nalgene’s or steel water vessels. 4. Use of up lighting in the park to provide ambient and safety lighting. 5. Remove VIP parking and communicate shuttle service or other transportation options. Page 5 ¼ Page Print Advertising Event Poster MARKETING MATERIAL Page 6 Page 7 Light Pole Banners Attachment D August 17, 2022 ATTACHMENT DPhoto Gallery Salute to the USA 2022 Thank You POST-EVENT BRIEF EVENT OVERVIEW EVENT NAME DAY/DATE AND TIMES PRODUCER Colorado Swimming, Inc. (CSI) Open Water Swim Championship Meet Saturday, August 13 and Sunday, August 14, 2022 Start Time: 8:00 a.m. End Time: 1:00p.m. ☒ Town Produced ☐ 3rd party _______________ LOCATION ESTIMATED ATTENDANCE/FREE OR TICKETED WEATHER DURING EVENT Harry A. Nottingham Park Beach and Lake 53 swimmers, 14 teams represented, 120 spectators Air Temp: 65-80 degrees Water Temp: 68 - 71 .5 degrees Sunny on Saturday, Sunny and partly cloudy on Sunday BRIEF EVENT DESCRIPTION The Recreation Department has hosted this USA Swimming sanctioned event for five years since 2018. Beginning in 2020 our event has been sanctioned as the Colorado Swimming, Inc. (CSI) Open Water Swim Championship Meet. The Recreation Department held this as an exhibition swim meet in 2018 and 2019. EVENT DETAILS CASH FUNDING IN-KIND FUNDING: ESTIMATED COST ALCOHOL SERVED $220.00 for food for event staff $200.00 donations of food ☐ Yes, Town Served ☐ Yes, BYOB ☐ Yes, S.E. Permit ☒ No STAFF OBSERVATI0NS/RECOMMENDATIONS Functioned Well: • 57 entries, 53 swimmers participated • 14 different swim teams from Colorado • Fees collected: $2,020.00 • Fencing/barricades worked extremely well • Keeping the beach area open to the public during the races • Combining events helped move the timeline up, and it allowed the beach to be reopened ea ch day by 1:30 p.m. to the public • Coordination with USA/Colorado Swimming • Pre-Race Zoom meetings for coaches, officials, and athletes • Race packet pick-up Friday and Saturday before the events • Announcer and Volunteer Coordinator proved effective for the event • Use of town speaker system for music and announcements Areas for Improvement/Adjustment • Increase marketing and communication of event to Masters level swimmers, working in conjunction with a Masters team to avoid the meet sanction fees • Offer an open water swimming clinic the day before the race • Change the meet format to a one-day to limit disruptions to the public and general park use Page 2 Marketing Promotions & Communications • Most of our communication was through Colorado Swimming and the affiliated teams in the state • Direct emails were sent the local Masters level swimmers • Flyers were created and advertised at the Recreation Center and at the Dunk-N-Dash and Open Water Swim activities Staffing • 12 lifeguards (6 per day), 1 EMT, 1 Safety Monitor, 1 Race Director, 1 Volunteer Coordinator, 1 Volunteer Swim Meet Announcer. Event Maps & Photos Page 3 Page 4 Page 5 Thank you, Michael Labagh and Meghan Hershey (970) 748-4013 idejong@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Ineke de Jong, General Government Manager RE: 2023 Avon Community Grant Program Funding DATE: August 10, 2022 SUMMARY: This written report updates Council on Staff’s recommended approach to the 2023 Town of Avon Community Grant Program. Application materials for the 2023 Town of Avon Community Grant Program were released on June 10, 2022 and can be found at www.avon.org/communitygrants. The application deadline is Monday August 29, 2022. The Ad Hoc Review Committee will meet during the week of September 26, 2022 to review all submitted applications and make funding recommendations. The Ad Hoc Review Committee, which is appointed by the Town Manager, will be comprised of citizens representing businesses and nonprofits, as well as Mayor Sarah Smith Hymes and two members of Staff. Staff will present the 2023 Community Grant Program Requests and Recommendations Funding Summary that will include recommendations for funding (both cash and in-kind), conditions of funding, if any, and supporting information, at the Budget Retreat scheduled for October 28, 2022. FINANCIAL CONSIDERATIONS: This table shows the Community Grant Program Funding History. Year Comm Grants Comm Partners Total 2014 $213,250 NA $213,250 2015 $197,850 NA $197,850 2016 $205,150 NA $205,150 2017 $170,560 NA $170,560 2018 $161,000 NA $161,000 2019 $146,000 NA $146,000 2020 $ 92,800 $114,505 $207,305 2021 $ 99,400 $129,500 $228,900 2022 $ 99,000 $124,500* $223,500 2023 recommendation $120,000 $124,500* $244,500 *Excludes E-Bike Incentives In 2020 a Community Partners program was created and separated from the grant program. Community Partners include Walking Mountains, Vail Valley Partnership, Vail Valley Foundation, EGE Air Alliance and a few others. Partners do not submit annual grant applications. RECOMMENDATION: Staff recommends increasing the 2023 Community Grant funding to $120,000 to keep up with inflation and growing demand. COUNCIL ACTION: No Council action is required at this time. Actual funding awards for Community Grant application will be determined when Council approves the 2023 Budget. Thank you, Ineke