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TC Packet 09-13-2022
_______________________________________________________________________________ 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, September 13, 2022 MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE) Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom AVON TOWN COUNCIL 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. Council may approve one additional one (1) minute upon request. 5. BUSINESS ITEMS 5.1. Appointments Finance Committee Members (General Government Manager Ineke de Jong) (30 Minutes) 5:15 5.2. Public Hearing: Resolution 22-20 Approving 2nd Amendment to 2022 Budget (Finance Director Scott Wright) (30 Minutes) 5:45 5.3. Work Session: Broadband Update (IT Manager Robert McKenner and Public Works Director Eva Wilson and Town Manager Eric Heil) (30 Minutes) 6:15 5.4. Work Session: Take Home Police Vehicles (Sgt. John Mackey) (15 minutes) 6:45 5.5. First Reading of Ordinance 22-13 Enacting Title 8, Chapter 6 Recycling Requirements (Sustainability Coordinator Charlotte Lin) (30 Minutes) 7:00 5.6. First Reading of Ordinance 22-14 Approving Purchase and Sale of Real Property (Town Manager Eric Heil) (15 Minutes) 7:30 5.7. First Reading of Ordinance 22-15 Amending the Avon Development Code, Adopting Development Bonus Provisions (Planning Director Matt Pielsticker) (30 Minutes) 7:45 5.8. Letter of Support for CORE Act (General Government Manager Ineke de Jong) (5 Minutes) 8:15 5.9. FAMLI State Legislation Review (Town Manager Eric Heil; Chief Human Resources Officer Lance Richards) (5 Minutes) 8:20 5.10. Notice of Award for the Metcalf Culvert (Town Engineer Justin Hildreth) (5 Minutes) 8:25 5.11. Notice of Award US6 Mobility Improvements (Public Works Director Eva Wilson) (5 Minutes) 8:30 5.12. Appointment of Inga Causey as Interim Town Prosecutor (Town Manager Eric Heil) (5 Minutes) 8:35 6. MINUTES 6.1. Approval of August 23, 2022 Regular Council Meeting Minutes (Deputy Town Manager and Town Clerk Patty McKenny) (5 Minutes) 8:40 7. WRITTEN REPORTS 7.1. September 6, 2022 Planning & Zoning Commission Meeting Abstract (Planner 1+ Max Morgan) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 8:45 9. ADJOURN 9:00 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 _______________________________________________________________________________ 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. 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) 748-4013 idejong@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Ineke de Jong, General Government Manager RE: Interviews and Appointments to Finance Committee DATE: August 17, 2022 SUMMARY: Resolution 22-14, adopted on June 14, 2022, extended the expiration date of the Finance Committee until January 31, 2024. Member terms are temporary and indefinite for the duration of the Finance Committee. All five (5) current members are planning to continue to serve on the committee and the other four (4) of the nine (9) seats are still vacant. The Finance Committee is advisory in nature, reviews, researches, and studies the Town’s tax and fee structure and sources of revenue, including but not limited to: (i) comparisons to both incorporated and unincorporated peer communities, (ii) potential volatility associated with various revenue sources, and (iii) determining the percentage of revenues attributable to residents, second home owners, visitors and businesses. Their role is more defined in Resolution 19-15 adopted July 9, 2019 and amended in Resolution 22-14 on June 14, 2022. A press release announcing the Town was seeking community members to serve on the Finance Committee was sent out on June 29, 2022, through the Town website / database, and social channels. We also advertised in the Vail Daily. We received four (4) outstanding applications for four (4) open seats on the Finance Committee. Applicant information is provided in Attachment A. QUALIFICATIONS: Resolution 19-15 requires appointed members of the Finance Committee to be residents of the Town, property owners of the Town, or an owner or employee of a business in the Town, provided that he/she resides in Eagle County. Appointments shall be made by Council. FINANCE COMMITTEE COMPOSITION: Provided in the table below, is a summary of the current committee members along with their professions: Finance Committee Voting Members Committee Member Profession Linn Brooks General Manager, Eagle River Water & Sanitation District. Steve Coyer Degrees in economics & business administration. Experience and involvement with the Mountain Star HOA, YouthPower365, VVF and ERWSD. Markian Feduschak President of Walking Mountains Science Center. Craig Ferraro Former CFO for Aspen Skiing Company and East West Partners with exposure to municipal financing through Metro Districts in Colorado. Dee Wisor Lawyer with a practice focused on public finance including bond finance, taxation, elections, TABOR compliance and economic development. Ex-Officio Non-Voting Members Scott Prince Avon Town Council Sarah Smith Hymes Avon Town Council (970) 748-4013 idejong@avon.org SELECTION PROCESS: The applicants will be brought into the Council meeting, one-by-one, in the order applications were received, as follows: 1. Terry Nolan – Managed budgets for both a for-profit and non-profit business and had own business. Experience and involvement with ERWSD, Vail Resorts and local real estate 2. Lisa Post – Internal Auditor, Senior Analyst, Vail Resorts 3. Clark Rogers – Retired Finance Professional 4. John Widerman – Banking Officer, First Bank Avon and former Mayor & Council member Town of Minturn After a brief introduction by each applicant and a summary of their interest to serve, Council will have time to ask each applicant questions prior to appointments. Up to 5 minutes per applicant is scheduled. After the four (4) applicants have had a chance to address the Council, there will be time for Council discussion. Staff will then request that each Council member mark their selected candidates on the provided voting card. These will be provided to Brenda Torres and Karl Hanlon for tallying. The results from each Council member will be read into the record, as well as the final selected candidates. In the alternative, Council can make a motion to appoint all four candidates. This proposed motion is below. RECOMMENDATION: I recommend the appointment of the four (4) applicants for the five (5) to nine (9) member Finance Committee so that combined the Finance Committee overall better represents diversity and there will be up to nine (9) voting members to attend the committee meetings. PROPOSED MOTION: “I move to appoint Terry Nolan, Lisa Post, Clark Rogers and John Widerman to the Avon Finance Committee.” Thank you, Ineke ATTACHMENTS: Attachment A – Applicant Information Attachment B – Resolution 22-14 Extending Resolution 19-15 Approving an Ad Hoc Finance Committee Terry Nolan PO Box 953, Avon, CO 81620 970-471-2210 (C) TNolan917@gmail.com Dear Eric and Ineke, I’m interested in serving on the Town of Avon Finance Committee. My resume is attached. A few highlights from the resume: 1. In nearly every position I’ve held I was responsible for creating, presenting, and managing budgets. 2. I’ve managed two small businesses (one was a for-profit and the other a non-profit) where I reported to the Board of Directors. 3. I’ve been on the Executive Team for two public companies. 4. I’ve managed my own business. 5. I purchased a second home in Avon in 1981 and moved here in 1990. My wife and I moved out of the Valley a couple of times but always ended up back in Avon. This is home. 6. Plus, I’m a bit of a nerd and enjoy working with numbers. Thanks for your consideration. Terry Nolan ATTACHMENT A: APPLICATION TERRY NOLAN !"##$%&'()*%+%,)-"%.% !"##$%&'()*% /0'*1%2'('#)3'% 4*'()*5.67-8)9(:;'8%%56<+=6.+>>.<% Summary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xperience Apex Residences HOA & Property Manager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eal Estate Broker & Managing Broker ;'*9(J#*'%K"+J"L"6%:)$)*"<)%8*)E'*+#'(1%.//M%2%?E*%./0F%50.%6'"*(%M%I)4+J(7% UB9(4%@B;;"@@FB(%#")(%"@4)4"%KB@9*"@@:%[';B@"3%'*%#"@93"*49)(%@)("@%9*%K'4G%4G"%C"@'#4%R)#T"4@%'F% U")0"#%2#""T%)*3%S)9(%)*3%4G"%(';)(%8)#T"4@%9*%J)-("%2'B*4$:%%\)@%R)*)-9*-%U#'T"#%9*%U")0"#%2#""T:% Chairman, Vail Board of REALTORS® !G"%SUC%2G)9#%F);9(94)4"@%U')#3%FB*;49'*@%M94G%4G"%SUC%2J?:%!G"%2J?%#B*@%4G"%/@@';9)49'*%)*3%4G"% 2G)9#%,#'093"@%-B93)*;":%!G"%SUC%2G)9#%9@%)(@'%)%8"8K"#%'F%4G"%SRVO%U')#3%'F%Z9#";4'#@1%SUC% ['B*3)49'*%U')#3%'F%Z9#";4'#@1%)*3%4G"%2'('#)3'%/@@';9)49'*%'F%CJ/V!?COW%U')#3%'F%Z9#";4'#@:%!G"% SUC%2G)9#%F);9(94)4"@%U')#3%FB*;49'*@%M94G%4G"%SUC%2J?:%% ATTACHMENT A: APPLICATION TERRY NOLAN !"##$%&'()*%+%,)-"%>% % CEO | Team Leader N'$$'*%O#$$#"I(%&'"$+6P%Q4RS%%,'-%./0T%2%BR+%./0T%51%I)4+J(7% !G"%!")8%V")3"#%FB*;49'*@%)@%4G"%2J?%'F%4G"%;'8,)*$%)*3%9@%#"@,'*@9K("%4'%4G"%?,"#)49*-%I#9*;9,)(% F'#%)((%',"#)49'*@1%,#'F94)K9(94$1%-#'M4G1%)*3%;'8,)*$%;B(4B#":%]*%)33949'*1%4G"%!V%9@%#"@,'*@9K("%F'#% #";#B949*-1%4#)9*9*-1%)*3%#"4"*49'*:% Market Manager &'"$+)*(%8*)E'*+6%&'()U*R'%5&8&71%3U4%./0V%2%,'-%./0T%50%6'"*%1%I)4+J(7% JD,)*3%)*3%8)9*4)9*%CIC%8)#T"4%,)#4*"#@G9,@%M94G%RVO@%)*3%/@@';9)49'*@%4G#'B-G%;''#39*)49'*%'F% ;'88B*9;)49'*1%@B,,'#4%)*3%4#)9*9*-%,#'-#)8@%)*3%"*#'((8"*4%'F%*"M%8)#T"4@%)*3%@"#09;"@:%% VP Operations & Administration W'+&"+#4X(1%.///%2%.//V%5M%6'"*(7% VP Administration A#+"4%K)$<#4X(1%011Y%2%.///%5M%6'"*(7% General Manager Rental Operations !"#$%&'()*+(1%011F%2%011Y%5.%6'"*(7% Deputy General Manager >"X$'%&#Z'*%O"+'*%"4<%C"4#+"+#)4%[#(+*#R+1%011.%2%011V% Education University of California, Davis ;"RJ'$)*%)=%>4X#4''*#4X%5;S>S7P%:#Z#$%>4X#4''*#4X% ATTACHMENT A: APPLICATION TERRY NOLAN LISA POST, CIA, CISA, CFE, CRISC PO Box 1353 Avon CO 18620 · (970)331-8566 Heidiidaho1009@gmail.com LinkedIn Profile https://www.linkedin.com/in/lisa-post-cia-cisa-cfe-crisc-3891b38/ Ineke de Jong/Eric Heil General Government Manager/Town Manager Town of Avon 100 Mikaela Way Avon, CO 81620 DEAR MS DE JONG AND MR HEIL, Are you looking for a Finance Committee member with: Twenty-five years of hands-on experience in financial and operational auditing? Excellent written and oral communication skills? A passion to understand the Town of Avon government finances? •Twenty-five years of hands-on experience in financial and operational auditing? •Excellent written and oral communication skills? •A passion to understand the Town of Avon government finances? If so, please consider my enclosed resume and contact me at your earliest convenience to schedule an interview or reach out anytime with questions. Thank you for taking the time to review my resume. I look forward to talking with you. Sincerely, Lisa Post Lisa Post, CIA, CISA, CFE, CRISC Enclosure ATTACHMENT A: APPLICATION LISA POST LISA POST, CIA, CISA, CFE, CRISC PO Box 1353 Avon CO 18620 · (970)331-8566 Heidiidaho1009@gmail.com LinkedIn Profile https://www.linkedin.com/in/lisa-post-cia-cisa-cfe-crisc-3891b38/ Specialties: Financial, Operational & Compliance Audits, Sarbanes-Oxley, Fraud EXPERIENCE 1996 – TO PRESENT SENIOR ANALYST, VAIL RESORTS MANAGEMENT COMPANY •Comprehensive understanding of COSO, SOX (auditing financial statements), Internal Audit and Fraud Investigation •Operational knowledge of Vail Resorts business units and processes with expertise in most operating units •Assisted with Due Diligence for acquisition of Rock Resorts, Heavenly, Colorado Mountain Express and O2Gearshop •High rate of obtaining Statements of Admission for Fraud Investigations •Data Analysis expertise with ACL software using direct access with General Ledger and Resort POS data •Competent with PeopleSoft Ad Hoc reporting tools (nVision and query writing) 1984 – 1996 BUSINESS SYSTEM ANALYST, UNITEDHEALTHCARE (MINNEAPOLIS, MN) •Health Report Card development for United Mine Workers, •Prepared quarterly reports for fortune 1000 companies clients, •Fluent in systems design, testing, change control, implementation, conversion, decision support, and user documentation. Managed or assisted with 8 system conversions (acquisitions), Implementation of multiple fee schedules to physicians, DRG payment to hospitals and stabilization of the check writing program. Minor projects included expanding provider networks, place of service code and educating end users on claims data (key fields and expected values). •Implemented audit program to verify payment calculations prior to release of checks to hospital, physician, dentist and pharmacy, •Provider Education medical coding/claims submission and physician help line. EDUCATION MAY 1983 BA, GERMAN & INTERNATIONAL STUDIES, MACALESTER COLLEGE (ST. PAUL, MN) ATTACHMENT A: APPLICATION LISA POST 2 CERTIFICATIONS •CIA – Certified Internal Auditor #29766 (IIA, May 2000) •CISA – Certified Information Systems Auditor #23205 (ISACA, Sep 2000) •CFE – Certified Fraud Examiner #589832 (ACFE, Sep 2010) •CRISC – Certified in Risk Management and IS Controls #115480 (ISACA, Oct 2011) •CIQAV – Certified Internal Quality Assessment/Validation (IIA, Mar 2005) ACTIVITIES •TOA Health & Rec – Town of Avon Health and Recreation Department (May 2022 – present) •DAR – Daughters of the American Revolution 10th Mountain Division (Vice Regent 2017 – 2019) •CPM – Certified Pilates Mat Instructor (BASI, Nov 2008) •NAWGJ – National Association of Women’s Gymnastics Judges (retired) ATTACHMENT A: APPLICATION LISA POST July 29, 2022 Town of Avon Re: Finance Committee Candidate Dear Town of Avon, I have been in banking and finance all my life and worked on very complex business structures and am highly analytical. Modeling cash flows, net present values and return on investment calculations were routine for me. In short, I am confident in my ability to efficiently and accurately perform the duties you describe on your website I retired from my last position with KeyBank Real Estate Capital in April 2019. I was born in Wiesbaden, W. Germany in 1957 and moved back to Kansas City in 1959. My father was a surgeon, and my parents were avid skiers and I began skiing in Taos and Aspen. We then came to ski in Vail about 1966 and I have skied here all my life and have many good friends here. I previously had a 2 bedroom condominium at Lion’s Mane and moved to Wildridge in Avon this last January and live in the Vista Townhomes. I love this valley and have watched it develop and grow over the decades and want to give back in a meaningful way and be a solid member of this community as long as I am alive. With kind regards, Clark Rogers P.O. Box 3840 3078 Wildridge Dr, Unit B Avon, CO 81620 (913) 940-1160 Cwr0206@yahoo.com ATTACHMENT A: APPLICATION CLARK ROGERS Clark W. Rogers 3408 W. 71st Street Shawnee Mission, Kansas 66208 (913) 722-7811 Summary of Qualifications: Diversified experience including expertise in commercial real estate financing and management, bank administration and regulation, and financial analysis. Broad based generalist management background and prior supervisory experience combined with technical proficiency. Highly developed interpersonal and communication skills. Demonstrated organizational and managerial skills including the ability to direct others in the performance of complex assignments. Education: Bachelor of Science, Finance, December 1985, Cum Laude Kansas State University, Manhattan, Kansas Business Administration, University of Kansas Experience: 1986 – 1992 Federal Reserve Bank of Kansas City •Financial Analyst, Special Projects, Division of Bank Supervision and Structure: Research and monitor aggregate banking trends including US bank third world debt exposure, capitalization analysis, holding company stock price valuation and development of mainframe based commercial real estate loan risk exposure model selected for System- wide use. Supervise and monitor problem institutions. •Management Development Program Human Resources Information System Project Manager: Evaluation, selection and implementation of a comprehensive Human Resource Information System solution for the 10th District (Peoplesoft). Chairman of a Task Force formed to develop System-wide HRIS strategic plan and implementation. Manager, Administrative Services: Supervision and direction over four functional units consisting of over 30 staff members. 1992 – 1993 Midland Loan Services, L.P. •Asset Manager, Eastrich Multiple Investor Fund, L.P.: Asset management and disposition of $150 million of a $1.2 billion portfolio of sub-performing and non-performing commercial real estate loans located in geographically diverse regions. 1993 – 1997 Dickinson Financial Corporation/Bank Midwest, N.A. •Vice President: Supervisory responsibility for Loan Review and Loan Administration Departments, including credit policy formation and implementation for a chain of over 30 banks with total assets of $2.3 billion. Lead due diligence teams in the evaluation of loan portfolios and bank acquisitions; conduct valuation analysis and make purchase recommendations. Monitor loan portfolio and identify watchlisted loans and establish specific reserves. Position reported directly to the Board of Directors. ATTACHMENT A: APPLICATION CLARK ROGERS Page 2, Clark Rogers 1997 – Present KeyBank Real Estate Capital (Formerly National Realty Funding) •Mortgage Officer: Origination and underwriting of $250 million in commercial real estate loans for pooling and sale as Commercial Mortgage Backed Securities with start-up company. Complete responsibility for market development nation-wide, correspondent and broker relationship management, and production volume. •Vice President, Special Servicing, KeyBank Real Estate Capital: Transferred to Special Servicing in January 2000 with acquisition of NRF by KeyBank. Responsibilities include formation of departmental unit; establishing procedures and guidelines for specially serviced CMBS loans; disposition management of problem loans including CMBS, LIHTC, Private Equity Group, Life/Pension, Agency, FDIC and bank loans; preferred equity and mezzanine debt, CDO co-manager, master servicing support; watchlist monitoring; and managing investor relations. •Senior Vice President, Special Servicing and Asset Management, KeyBank Real Estate Capital: In addition to Special Servicing and other duties, effective January 2004 manage KeyCorp subsidiary responsible for asset management of a 70,000 unit syndicated Section 42 Low Income Housing Tax Credit portfolio (“LIHTC”) consisting of approximately 350 properties nationwide, and CMBS Transactions processing group. Since SVP Appointment in 2004 for various time periods had operational responsibility for Transactions Processing, Surveillance, Primary Servicing Departments, •Senior Vice President, Asset Management and Business Development: Responsible for Business Development and Relationship management in addition to various duties listed above. •President, National Tax Assistance Corporation: Operational responsibility, and liquidation oversight, of a portfolio for KeyBank subsidiary formed to acquire $300 million in delinquent tax liens. ATTACHMENT A: APPLICATION CLARK ROGERS From:Widerman, John To:Ineke de Jong Subject:TOA Finance Committee Date:Tuesday, August 2, 2022 7:43:28 PM Attachments:image002.png Resume_TOAFC_Widerman_1.pdf Hi Ineke, Again sorry for the delay. If I’m too late, just let me know. Otherwise, this email will serve as my intent to pursue a board seat on the TOA Finance Committee. I appreciate your consideration and look forward to the process. Let me know if you need anything else. For reference I do live in Edwards, but work at the FirstBank in Avon full time, so I believe this qualifies me based on employment. Thanks, John John Widerman Banking Officer NMLS ID 2057846 FirstBank – Mountains 11 West Beaver Creek Blvd, Avon, CO 81620 T 970.845.3109 F 970.845.3154 | efirstbank.com | Blog The information contained in this electronic communication and any document attached hereto or transmitted herewith is confidential and intended for the exclusive use of the individual or entity named above. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any examination, use, dissemination, distribution or copying of this communication or any part thereof is strictly prohibited. If you have received this communication in error, please immediately notify the sender by reply e-mail and destroy this communication. Thank you. ATTACHMENT A: APPLICATION JOHN WIDERMAN ATTACHMENT A: APPLICATION JOHN WIDERMAN ATTACHMENT A: APPLICATION JOHN WIDERMAN A Avon C O L 0 R A D 0 RESOLUTION NO.22-14 EXTENDING RESOLUTION NO. 19-15 APPROVING AN AD HOC FINANCE COMMITTEE WHEREAS, the Town of Avon, Colorado ("Town") is a home rule municipality and political subdivision of the State of Colorado ("State") organized and existing under a home rule charter ("Charter") pursuant to Article XX of the Constitution of the State; and WHEREAS, Section 11.2 of the Charter authorizes the Town Council to create advisory boards; and WHEREAS, by Resolution 19-15 the Town Council created an Ad Hoc Finance Committee; and WHEREAS, the Town Council finds that the Ad Hoc Finance Committee provides valuable important review, research and advisory functions with regard to the financial understanting of the Avon community; and WHEREAS, the Town Council finds that the Ad Hoc Finance Committee has promoted citizen understanding and involvement in the Town financial matters and will thereby promote the health, safety and general welfare of the Avon community. NOW THEREFORE, the Town Council, hereby RESOLVES to extend Resolution No. 19-15 approving an Ad Hoc Finance Committee until 2024, by amending Section 16. Expiration. to expire on December 31, 2024 unless terminated earlier by Town Council resolution or unless the expiration date is extended by Town Council by resolution. ADOPTED June 14, 2022 by the AVON TOWN COUNCIL By: Attest: &"qe Sa ah Smith Hymes,l\ ayor Brenda Torres, Deputy Town Page 1 of 1 FINAL N1N OFq, n l B L. rk 1t,U(nr3 q'(jG ATTACHMENT B: Resolution 22-14 Avon C O L O R A D O RESOLUTION NO. 19- 15 APPROVING AN AD HOC FINANCE COMMITTEE WHEREAS, the Town of Avon, Colorado (the "Town") is a home rule municipality and political subdivision of the State of Colorado (the "State") organized and existing under a home rule charter (the "Charter") pursuant to Article XX of the Constitution of the State; and WHEREAS, Section 11.2 of the Town's Home Rule Charter authorizes the Town Council to create advisory boards and does not prohibit Town Council members from serving on non- permanent advisory boards as ex -officio members; and WHEREAS, the Town Council finds that an Ad Hoc Finance Committee will provide valuable important review, research and advisory functions with regard to the Town's financial structure and local economy; and WHEREAS, the Town Council finds that the establishment of an Ad Hoc Finance Committee will promote citizen understanding and involvement in the Town's financial structure, serve to grow trust with the Town's government, assure transparency, and will thereby promote the health, safety and general welfare of the Avon community. NOW THEREFORE, the Town Council, hereby RESOLVES to create the Ad Hoc Finance Committee, as follows: Section 1. Establishment, Purpose and Duties. There is hereby established the Ad Hoc Finance Committee ("Finance Committee") of the Town. The purposes and duties of Finance Committee are as follows: a) To review, research and study the Town's tax and fee structure and sources of revenue, including but not limited to: (i) comparisons to both incorporated and unincorporated peer communities, (ii) potential volatility associated with various revenue sources, and iii) determining the percentage of revenues attributable to residents, second home owners, visitors and businesses; b) To review, research and study the Town's economy as it relates to the Town's finances; c) To prepare reports as appropriate to assist the Town Council and the general public to better understand the Town's finances; d) To make recommendations to the Town Council consist with this Resolution; and, e) To perform such other tasks related to the Town's finances as the Town Council may request. Section 2. Membership. Finance Committee shall be composed of five (5) to nine (9) appointed by the Town Council and who shall shall be eligible to cast votes as voting members on the Finance Committee ("Voting Members") and two (2) ex -officio non-voting members of Council ("Ex -Officio Non -Voting Members") appointed by Town Council. Page 1 of 3 ATTACHMENT B: Res 19-15 Finance Committee Section 3. Qualification of Voting Members. Residents of the Town, property owners in the Town, and owners and employees of a business located in the Town are eligible to be appointed as Voting Members. Appointments shall be made jointly by the Mayor and Mayor - Pro Tem after posting notice of a vacancy for at least twelve (12) days. Section 4. Qualification of Ex -Officio Non -Voting Members. Council members shall be eligible for appointment to the two (2) Ex -Officio Non -Voting Members. Appointments shall be made by Town Council. The term of office for Ex -Officio Non -Voting Members shall coincide with each appointed Town Council member's term or the expiration of the Finance Committee, whichever is shorter. Ex -Officio Non -Voting Members shall have the equal right to participate at Finance Committee meetings and equal right to receive all Finance Committee materials and notices of Finance Committee meetings, but shall not have any right to vote on recommendations, advisory matters, or other actions of Finance Committee. Section 5. Quorum. Three (3) Voting Members of Finance Committee shall constitute a quorum for the transaction of business, but in the absence of a quorum, a lesser number may adjourn any meeting to a later time or date. In the absence of all Voting Members, any staff member may adjourn any meeting to a later time or date. Section 6. Term. The term of office for a Voting Member shall be temporary and indefinite for the duration of the Finance Committee. A Voting Member of Finance Committee who ceases to possess the qualifications for office that the Voting Member possessed at the time of appointment may be permitted by the Town Council to serve until the end of the appointed term, provided that the Finance Committee member continues to reside in Eagle County. Any member of Finance Committee may be removed by Town Council pursuant to Section 8 - Removal from Office, below. Section 7. Vacancies. A vacancy on Finance Committee shall occur whenever a member of Finance Committee is removed by the Council, dies, becomes incapacitated and unable to perform the required duties for a period of ninety (90) days, resigns, ceases to meet the qualifications of Finance Committee and is not permitted by Council to serve until the end of the existing term or is convicted of a felony. In the event a vacancy of a Voting Member occurs, the Mayor and Mayor Pro Tem shall jointly appoint a successor to fill the vacancy who shall serve the remainder of the term of the former member after posting notice of such vacancy to solicit interest from qualified persons. Council shall appoint Council members to fill any vacancy in an Ex -Officio Non -Voting seat. Section 8. Removal from Office. Any member of Finance Committee may be removed for just cause at the pleasure of the Town Council by a majority vote of the entire Town Council in office at the time the vote is taken. Just cause shall include misconduct, conduct unbecoming of a Town official, violation of the Town Code of Ethics, inefficiency or more than two (2) unexcused absences within a twelve-month period. Prior to removal, Town Council shall conduct a hearing and shall provide written notice to the Finance Committee member stating the grounds for removal at least three (3) days prior to the hearing. Section 9. Officers. Finance Committee shall select its own Chairperson and Vice - Chairperson. The Chair or, in the absence of the Chair, the Vice -Chair, shall be the presiding officer of its meeting. In the absence of both the Chair and the Vice -Chair from a meeting, the Voting Members present shall appoint a Voting Member to serve as Acting Chair at the meeting. Page 2 of 3 ATTACHMENT B: Res 19-15 Finance Committee Section 10, Compensation. All members of Finance Committee shall serve with compensation and benefits, if any, as may be established by the Town Council and shall be reimbursed for all authorized personal expenses incurred while performing duties as a Finance Committee member. Section 11. Staff. The Town Manager shall designate Town staff to serve as the staff of Finance Committee and shall provide for the service of a recording secretary who shall act in the capacity of secretary for Finance Committee. Section 12. Rules and Regulations. Finance Committee shall operate in accordance with its own rules of procedure; provided, however, that Finance Committee shall submit its proposed rules or any amendment to the rules to the Town Council, which by motion shall approve the rules or amendment and direct their adoption by Finance Committee or disapprove the proposal with directions for revision and resubmission. The rules shall incorporate and comply with the Colorado Open Meetings Law, Colorado Open Records Act, and the Colorado Municipal Records Retention Schedule as such are adopted and implemented by the Town. The rules shall be filed with the Town Clerk and maintained in the records of the Town and shall be subject to public inspection. Finance Committee may provide for certain variances, exceptions and exemptions from the requirements of its rules and regulations. Section 13. Meetings. Finance Committee shall meet in accordance with the rules of procedure governing Finance Committee and otherwise upon the call of the Chairperson or, in the absence of the Chair, by the Vice -Chairperson. All meetings shall be held at the offices of the Town, unless otherwise specified, with adequate notice given to all interested parties. Section 14. Appropriation Authority. Finance Committee shall not have authority to appropriate or spend Town funds. Finance Committee may provide recommendations to the Town Manager and/or Town Council with regard to the annual budget for financial studies. Section 15. Council Amendments. Town Council reserves the right to amend, increase, reduce or change any or all of the powers, duties and procedures of Finance Committee. Section 16. Expiration. The Finance Committee is a temporary, non -permanent advisory board and shall automatically expire on January 31, 2022 unless terminated earlier by Council resolution or unless the expiration date is extended by Council by resolution. ADOPTED July 9, 2019 by the AVON TOWN COUNCIL o OFA By: n Attest:-1%/a0iY1/S 1 Sarah Smith Hymes, ' ayor Brenda Torres, Town Cler Page 3 of 3 ATTACHMENT B: Res 19-15 Finance Committee 970-748-4055 swright@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Scott Wright, Finance Director and Town Manager Eric Heil RE: 2022 Supplemental Budget Amendment #2, Resolution 22-20 DATE: August 31, 2022 SUMMARY: This report and Resolution No. 22-20 amend the General Fund and Community Housing Fund for revisions and updates since the last supplemental amendment that was adopted on May 10, 2022. The amendment updates projected revenues as well as an itemization and description of revisions in expenses as described below. PROPOSED MOTION: "I move to approve Resolution No. 22-20, A Resolution Amending the 2022 Town of Avon Budget." FINANCIAL CONSIDERATIONS: The Town has realized strong revenues in excess of budget revenues in the amount of $2.9 Million in actual revenues received more than the amount budgeted through July. There are also additional expenditures that Staff feels is appropriate to approve now in order to continue to provide high quality and efficient services and address unanticipated circumstances in a timely manner. There are also additional expenditures related to actual cost being higher than budgeted last fall (inflation). General Fund expenditure increases are proposed for the Departments: General Government = $ 64,070 Community Development = $ 20,324 Public Safety = $ 71,000 Public Works = $315,511 Recreation = $ 52,355 TOTAL = $523,260 Total increases to General Fund expenditures are $523,260. Total increases to General Fund revenues based on year-to-date actuals are $2,999,684. MANAGER’S COMMENT: In addition the itemize expenditure increases in this Budget Amendment, Staff is also seeking approval to add the positions of a building inspector to support Chief Building Inspector Derek Place and a Public Works Administrator. The Community Development Department has received over $1 million in building permit and plan check fees, which is substantially over the budget revenues for these fees. This also represents a substantial increase in building inspection demands due to several large projects. An additional building inspector position will help the Town continue to provide timely and professional building inspection services with the additional inspection workload of large projects. The annual cost for this position is estimated to be $140,000 and the incremental cost for 2022 is estimated to be $25,000 depending on recruitment and start date this fall. The Public Works Department has identified the efficiency of adding an administrative technician position to support the five divisions of Public Works (Buildings, Engineering, Fleet, Mobility and Operations). This was expected and will help free up some time by various managers and superintendent by providing administrative support. The annual cost for this position is estimated to be $110,000 and the incremental cost for 2022 is estimated to be $18,000 depending on recruitment and start date this fall. Public Works will have some cost 970-748-4055 swright@avon.org reductions in some positions where the overall increase to the General Fund is anticipated to be very modest (approximately $32,000) which will be presented in more detail at the September 30 Budget Retreat. The $38,000 incremental cost for the addition of these two positions was not included in the budget amendment due to timing. I am requesting Council approval for this additional expenditure which will be included in the final budget amendment for 2022. Below is a summary of the proposed budget revisions and the estimated impacts to fund balances. GENERAL FUND: The following are proposed revisions to expenditure appropriations in the General Fund: General Government: • $11,423 for voter polling conducted in early summer 2022 for the Use Tax, Marijuana Tax in the Town Council budget; • $1,200 for membership in ECLEI (sustainability group for local governments) in the Town Manager’s budget; • $6,350 for employee recognition costs in the form of 250 logo’d hats for employees, Council and the P&Z Commission in the HR budget; • $2,250 for outsourcing Spanish translation services for the monthly newsletter in the Communications budget due to strains on Staff work load for in-house translation; • $15,000 for the cost of professional services related to identifying grants, grant writing, advocacy of grant applications, and developing grant strategies with Sustainable Strategies (see attached Report); • $65,186 in various revisions to Special Events including additions to Heart & Soul ($65,376), AvonLive! ($4,675), Summer’s End ($5,030), Paddle Battles ($2,848), and reductions to Lakeside Cinema ($1,700) and Salute to the USA ($12,150) [MANAGER’S NOTE = these numbers reflect internal accounting updates. Overall Special Events costs are on track to come in UNDER budget for 2022 by approximately $10,000.] ; • $9,558 for the renewal of the DocuSign software subscription fees for an additional 1,500 documents per year; • $28,076 for new hire: Incoming Finance Director (expected 2 months of hire in 2022). Figure includes salary & benefits Community Development: • $3,700 for increased postage related to short-term rental mailings in the Planning budget; • $16,624 for new hire: building inspector (expected 2 months of hire in 2022). Figure includes salary & benefits Police: • $17,000 for replacement of the Police Dept. drone that was destroyed in an accident; • $30,000 to outfit two new SWAT operators; • $5,000 for police office breaching equipment; • $14,000 for ammunition purchases for 2022. The current budget was for ammunitions that was carried-over from the previous year; • $5,000 for the purchase of handguns for plain clothes police; Public Works: 970-748-4055 swright@avon.org • 13,000 for the reinstatement and support and maintenance of PubWorks software program to track workorders, time and costs in Public Operations; • $80,000 for the replacement of the sand at Nottingham Lake beach due to the rainstorms in 2021, including repairs to the parking lot, pedestrian path, and topsoil in damaged grass areas during the sand replacement; • $10,000 for the replacement of one of the Town’s stand-on mower used at Avon Road, Lake Street, the pocket parks and Avon Mall; • $8,700 for asphalt crack sealing at the Swift Gulch parking lot and other roadways; • $21,000 for paving areas on Benchmark Rd. where cars damage the landscaping next to the newly installed parking spaces. An asphalt path will keep pedestrians from walking on the roadway and wheel stops will be installed to prevent cars from rolling onto the path; • $90,800 for the removal of cottonwood trees along Swift Gulch Road and the trail for public safety reasons (several trees fell on to Swift Gulch Road this summer); • $49,800 increase for natural gas utilities due to additional gas transportation fees placed by Xcel energy; • $2,050 for electrical supplies in order to replace the generator at the location of the Rocky Mountain Taco vendor food station with permanent electrical connections; • $13,973 for ½ of the cost of a utilities accounting study completed by ERFPD to support appropriate cost sharing; • $4,000 for the tinting of office glass to better control lighting. • $8,000 for the replacement of wall mirrors in the fitness areas of the Avon Recreation Center. Mirrors will be raised up to at least 3’ from the floor to prevent weights from shattering mirrors; • $14,188 for new hire: PW Admin Technician (expected 2 months of hire). Figure includes salary & benefits Recreation: • $1,770 replacement sound mixer for audio equipment, music and fitness in Recreation Admin; • $2,400 for expired subscription fees for interactive / on-demand features for spin bikes in Recreation Fitness; • $35,000 increase for unanticipated processing fees for the new Amilia recreation management software in Recreation Guest Services; • $2,825 for the cost to repair damage to a basketball hoop at Avon Elementary School caused by a Town of Avon employee. • $10,000 for “Avon Branded” merchandise to be sold at the Recreation Center front desk (full cost recovery is expected with sales); The following are proposed revisions to revenue estimates: • Increased estimated sales tax revenues based on year-to-date comparisons to budget by $881,220; • Increased estimated accommodation tax revenues based on year-to-date comparisons to budget by $298,895; • Increased building permit revenues and plan check fees by $624,200 and $303,167 respectively due to increased building activity. These amounts reflect actual building revenues received year- to-date; 970-748-4055 swright@avon.org • Increased Avon Recreation Center admissions revenues by $303,167 based on current year-to- date activity; • Decreased special event sponsorships from Salute to the USA by $16,000; • Increased event concessions by $4,00 for Heart and Soul event; • Decreased special event admission fees for Circus Bella and Ultimate Après Avon events. The revised ending fund balance of the General Fund reports a total of $14,597,561. Of this amount, the 27% reserve is $6,252,173, $980,080 is in the 3% TABOR emergency reserve and the remaining amount of $9,608,004 is undesignated and unreserved and can be used for any legal purpose. COMMUNITY HOUSING FUND: Proposed increases to the Community Housing Fund expenditures are $128,551 and proposed increases to Community Housing Fund revenues are $275,000 (due to higher than budgeted Short Term Rental Tax revenues). The revisions to the Community Housing Fund are as follows: • $3,551 for sales tax rebates related to Wildwood townhomes; • Added $75,000 for pre-construction services related to the Swift Gulch Employee Housing project; • Added $50,000 for a land inventory project (NOTE this is an accounting entry. Avon is receiving $25,000 in grant funding from DOLA and partnership contributions from Eagle County and other municipalities such that Avon’s contribution is less than $10,000); • Revised revenue estimates for the new community housing short-term rental tax from $740,000 to $1,000,000. Thank you, Scott ATTACHMENTS: Attachment A Resolution No. 2022-20 Attachment B General Fund Supplemental Amendment No. 2 Attachment C Community Housing Fund Supplemental Amendment No. 2 Attachment D Grant Writing Proposal Res. No. 22-20 September 13, 2022 Page 1 of 2 TOWN OF AVON, COLORADO RESOLUTION NO. 22-20 A RESOLUTION TO AMEND THE 2022 TOWN OF AVON BUDGET WHEREAS, the Town Council of the Town of Avon has previously adopted the 2022 budget; and WHEREAS, the Town Council has reviewed the revised estimated revenues and expenditures for 2022; and WHEREAS, the Town Council finds it necessary to amend the 2022 budget to more accurately reflect the revenues and expenditures for 2022; and WHEREAS, the Town Council has caused to be published a notice containing the date and time of a public hearing at which the adoption of the proposed budget amendment will be considered and a statement that the proposed budget amendment is available for public inspection at the office of the Town Clerk located in the Avon Town Hall during normal business hours, and that any interested elector of the Town of Avon may file any objection to the proposed budget amendment at any time prior to the final adoption of the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the following funds are revised as follows for 2022: Original or Previously Amended 2022 Budget Current Proposed Amended 2022 Budget General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 12,664,061 22,429,209 22,632,937 $ 14,567,561 25,428,893 23,156,197 Ending Fund Balance $ 12,460,333 $ 16,840,257 ATTACHMENT A Res. No. 22-20 September 13, 2022 Page 2 of 2 Original or Previously Amended 2022 Budget Current Proposed Amended 2022 Budget Community Housing Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 1,303,309 1,405,767 2,351,018 $ 358,058 $ 1,303,307 1,680,767 2,479,569 $ 504,505 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 13th September, 2022. AVON TOWN COUNCIL By:___________________________ Attest:________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk Supplemental Proposed Original Budget Budget Difference Actual Budget Amendment #1 Amendment #2 Increase 2021 2022 2022 2022 (Decrease) REVENUES Taxes 17,984,254$ 18,469,729$ 18,469,729$ 19,649,844$ 1,180,115$ Licenses and Permits 453,213 320,325 320,325 1,244,525 924,200 Intergovernmental 1,143,901 1,086,080 1,138,869 1,138,869 - Charges for Services 1,481,861 1,423,493 1,388,493 2,283,862 895,369 Fines and Forfeitures 45,753 38,700 38,700 38,700 - Investment Earnings 4,385 75,000 75,000 75,000 - Other Revenue 475,397 503,500 503,500 503,500 - Total Operating Revenues 21,588,764 21,916,827 21,934,616 24,934,300 2,999,684 Other Sources Transfer-In From Capital Projects Fund 341,648 494,593 494,593 494,593 - Total Other Sources 341,648 494,593 494,593 494,593 - TOTAL REVENUES 21,930,412$ 22,411,420$ 22,429,209$ 25,428,893$ 2,999,684$ EXPENDITURES General Government 5,058,990$ 5,944,298$ 6,201,854$ 6,265,924$ 64,070$ Community Development 539,138 703,454 711,893 732,217 20,324 Public Safety 4,169,397 4,834,501 4,858,645 4,929,645 71,000 Public Works 4,476,007 7,019,921 7,123,255 7,438,766 315,511 Recreation 1,622,206 2,097,618 2,137,290 2,189,645 52,355 Total Operating Expenditures 15,865,738 20,599,792 21,032,937 21,556,197 523,260 Other Uses Transfers-Out to Mobility 1,300,000 1,300,000 1,300,000 1,300,000 - Transfers-Out to Fleet Maintenance 400,000 300,000 300,000 300,000 - Total Other Uses 1,700,000 1,600,000 1,600,000 1,600,000 - TOTAL EXPENDITURES 17,565,738 22,199,792 22,632,937 23,156,197 523,260 NET SOURCE (USE) OF FUNDS 4,364,674 211,628 (203,728) 2,272,696 2,476,424 FUND BALANCES, Beginning of Year 10,202,887 12,664,061 12,664,061 14,567,561 1,903,500 FUND BALANCES, End of Year 14,567,561$ 12,875,689$ 12,460,333$ 16,840,257$ 4,379,924$ FUND BALANCES: Restricted For: 3% TABOR Emergency Reserve 980,080$ 829,650$ 829,650$ 980,080$ 150,430$ Unassigned: 27% Minimum Reserve Balance 4,742,749 5,993,944 6,110,893 6,252,173 141,280 Undesignated, Unreserved 8,844,732 6,052,095 5,519,790 9,608,004 4,088,214 TOTAL FUND BALANCES 14,567,561$ 12,875,689$ 12,460,333$ 16,840,257$ 4,379,924$ Fund Summary General Fund #10 Supplemental Amendment No. 2 ATTACHMENT B Supplemental Proposed Original Budget Budget Difference Actual Budget Amendment #1 Amendment #2 Increase Description 2021 2022 2022 2022 (Decrease) Taxes: General Property Tax 2,045,147$ 2,103,515$ 2,103,515$ 2,103,515$ -$ General Property Tax - Delinquencies 301 500 500 500 - General Property Tax - Interest 1,980 1,500 1,500 1,500 - General Property Tax - Abatements (3,615) - - - - Specific Ownership Tax 126,985 130,000 130,000 130,000 - Sales Tax 11,425,673 11,810,245 11,810,245 12,691,465 881,220 Utility Tax 115,387 120,000 120,000 120,000 - Accommodation Tax 2,212,356 2,268,969 2,268,969 2,567,864 298,895 Penalties and Interest 52,933 50,000 50,000 50,000 - Sales Tax Audit Assessments 129,442 100,000 100,000 100,000 - VAA Retail Sales Fee 877,862 900,000 900,000 900,000 - Cigarette Excise Tax 258,573 255,000 255,000 255,000 - Tobacco Add-on Sales Tax 301,631 300,000 300,000 300,000 - Franchise Fees 439,599 430,000 430,000 430,000 - Total Taxes 17,984,254 18,469,729 18,469,729 19,649,844 1,180,115 Licenses and Permits: Liquor Licenses 10,443 8,300 8,300 8,300 - Business Licenses 90,782 95,000 95,000 95,000 - Contractor's Licenses 18,510 18,625 18,625 18,625 - Tobacco/Cigarette Licenses 1,750 1,750 1,750 1,750 - Booting/Towing Licenses 450 600 600 600 - Building Permits 322,529 190,000 190,000 1,114,200 924,200 Road Cut Permits 8,749 5,700 5,700 5,700 - Mobile Vendor Cart Permits - 350 350 350 - Total Licenses and Permits 453,213 320,325 320,325 1,244,525 924,200 Intergovernmental: Federal Grants: Click It or Ticket - 3,000 3,000 3,000 - Bulletproof Vest Partnership Program 4,248 2,000 2,000 2,000 - LEAF Grant 11,086 - - - - State Grants High Visibility Grant 9,073 20,000 20,000 20,000 - POST I70 Training Grants 27,722 20,000 20,000 20,000 - DOLA Grants 29,717 - - - - Recreation Center Grants 8,250 - - - - Other State Grants (DOLA)- - 52,789 52,789 - Local Government/Other Agency Other Local Grants 1,831 - - - - State/County Shared Revenue: Conservation Trust 79,128 70,000 70,000 70,000 - Motor Vehicle Registration 25,940 24,800 24,800 24,800 - Highway User's Tax 205,005 190,530 190,530 190,530 - County Sales Tax 590,743 590,000 590,000 590,000 - Revenue Detail General Fund Supplemental Amendment No. 2 Supplemental Proposed Original Budget Budget Difference Actual Budget Amendment #1 Amendment #2 Increase Description 2021 2022 2022 2022 (Decrease) Revenue Detail General Fund Supplemental Amendment No. 2 Road & Bridge Fund 150,512 165,000 165,000 165,000 - State Severance Tax 646 750 750 750 - Total Intergovernmental 1,143,901 1,086,080 1,138,869 1,138,869 - Charges for Services: General Government: Photocopying Charges - 100 100 100 - License Hearing Fees - 100 100 100 - Other Fees and Charges 3,149 3,500 3,500 3,500 - CC & Paper Filing Fees 1,975 2,500 2,500 2,500 - Community Development: Plan Check Fees 202,191 120,000 120,000 723,633 603,633 Development Review Fees 11,237 15,000 15,000 15,000 - Animal Control Fees - 150 150 150 - Fire Impact Fee Administration Fees 174 1,500 1,500 1,500 - Public Safety: Police Reports 730 1,000 1,000 1,000 - Off-duty Police Employment 9,917 25,000 25,000 25,000 - Fingerprinting Fees 790 500 500 500 - VIN Inspection Fees 1,890 2,000 2,000 2,000 - False Alarm Fees/Misc Police Dept Fees 65 75 75 75 - National Night Out - 1,500 1,500 1,500 - DUI Reimbursement 16,639 15,000 15,000 15,000 - Avon Recreation Center: Admission Fees 789,745 750,000 750,000 1,053,167 303,167 Program Fees 34,886 18,000 18,000 18,000 - Facility Rentals 6,582 3,000 3,000 3,000 - Merchandise Sales 4,113 4,596 4,596 4,596 - Rec Center Services 4,517 5,004 5,004 5,004 - Fitness Program Revenues 46,482 30,000 30,000 30,000 - Swim Team Revenue 49,404 77,593 77,593 77,593 - Private Lessons 23,830 37,500 37,500 37,500 - General Recreation: Adult Program Revenues 4,513 5,500 5,500 5,500 - Cabin Equipment Rentals 50,158 60,000 60,000 60,000 - Athletic Field Rentals 340 2,000 2,000 2,000 - Cabin Concessions 645 700 700 700 - Youth Program Revenues 126,109 160,000 125,000 125,000 - Special Events Concession Sales 58,210 49,375 49,375 49,375 - Sponsorships 16,000 16,000 16,000 - (16,000) Event Fees 8,114 8,600 8,600 14,000 5,400 Special Event Admission Fees 5,631 5,700 5,700 4,869 (831) Pavilion Rental Fees 3,825 2,000 2,000 2,000 - Total Charges for Services 1,481,861 1,423,493 1,388,493 2,283,862 895,369 Supplemental Proposed Original Budget Budget Difference Actual Budget Amendment #1 Amendment #2 Increase Description 2021 2022 2022 2022 (Decrease) Revenue Detail General Fund Supplemental Amendment No. 2 Fines and Forfeitures: Court Fines - Traffic 27,188 23,000 23,000 23,000 - Court Fines - Criminal 8,405 6,500 6,500 6,500 - Court Fines - Parking 4,290 3,000 3,000 3,000 - Court Costs 2,820 3,000 3,000 3,000 - Jury Fees - 100 100 100 - Bond Forfeitures - 100 100 100 - Police Training Surcharge 3,050 3,000 3,000 3,000 - Total Fines and Forfeitures 45,753 38,700 38,700 38,700 - Investment Earnings 4,385 75,000 75,000 75,000 - Miscellaneous Revenues: Recreational Amenity Fees 328,728 320,000 320,000 320,000 - Lease of Town-Owned Property 3,589 58,500 58,500 58,500 - Miscellaneous Nonclassified Revenues 143,080 125,000 125,000 125,000 - Total Miscellaneous Revenues 475,397 503,500 503,500 503,500 - TOTAL REVENUES 21,588,764$ 21,916,827$ 21,934,616$ 24,934,300$ 2,999,684$ Department Expenditure Summaries Supplemental Proposed Original Budget Budget Difference Dept./Div.Actual Budget Amendment #1 Amendment #2 Increase Number Description 2021 2022 2022 2022 (Decrease) General Government: 111 Mayor and Town Council 247,434$ 306,106$ 306,106$ 317,529$ 11,423$ 113 Town Attorney 195,295 245,000 245,000 245,000 - 115 Town Clerk 136,058 144,770 145,660 145,660 - 121 Municipal Court 115,125 198,721 199,660 199,660 - 131 Town Manager 443,512 615,576 761,134 762,334 1,200 133 Community Relations 270,790 321,996 323,045 325,295 2,250 134 Economic Development 154,020 200,998 205,998 205,998 - 136 Special Events 741,165 1,089,617 1,139,245 1,124,158 (15,087) 137 Community Grants 100,200 99,250 99,250 99,250 - 139 Sustainability - - - 20,300 20,300 Subtotal General Government 2,403,599 3,222,034 3,425,098 3,445,184 20,086 Human Resources: 132 Human Resources 591,828 712,897 717,450 723,800 6,350 Finance and IT: 141 Finance 867,088 1,009,195 1,056,452 1,084,528 28,076 143 Information Systems 452,877 577,324 580,006 589,564 9,558 149 Nondepartmental 743,598 422,848 422,848 422,848 - Subtotal Finance and IT 2,063,563 2,009,367 2,059,306 2,096,940 37,634 Total General Government and Finance 5,058,990 5,944,298 6,201,854 6,265,924 64,070 Community Development: 220 Boards and Commissions 9,952 17,468 17,468 17,468 - 212 Planning 307,403 448,428 454,896 458,596 3,700 213 Building Inspection 221,783 237,558 239,529 256,153 16,624 Total Community Development 539,138 703,454 711,893 732,217 20,324 . Police Department: 311 Administration 770,899 964,551 970,517 970,517 - 312 Patrol 3,018,735 3,546,465 3,562,420 3,633,420 71,000 313 Investigations 379,763 323,485 325,708 325,708 - Total Police Department 4,169,397 4,834,501 4,858,645 4,929,645 71,000 Public Works 411 Public Works Administration - - - 27,188 27,188 412 Engineering 335,876 542,050 547,810 547,810 - 413 Roads and Bridges 2,377,607 784,228 836,350 866,050 29,700 415 Parks and Grounds 482,040 1,869,885 1,910,122 2,090,922 180,800 418 Buildings and Facilities 1,280,484 3,823,758 3,828,973 3,906,796 77,823 Total Public Works Department 4,476,007 7,019,921 7,123,255 7,438,766 315,511 General Fund Supplemental Amendment No. 2 Department Expenditure Summaries Supplemental Proposed Original Budget Budget Difference Dept./Div.Actual Budget Amendment #1 Amendment #2 Increase Number Description 2021 2022 2022 2022 (Decrease) General Fund Supplemental Amendment No. 2 Recreation Department: 514 Administration 332,777 272,008 276,366 278,496 2,130 515 Adult Programs 24,535 24,054 24,197 24,197 - 516 Aquatics 543,975 722,216 730,295 730,295 - 518 Fitness 108,895 226,870 226,870 229,270 2,400 519 Guest Services 341,728 418,366 421,275 466,275 45,000 521 Youth Programs 95,083 239,123 259,051 261,876 2,825 523 Community Swim Programs 175,213 194,981 199,236 199,236 - Total Recreation 1,622,206 2,097,618 2,137,290 2,189,645 52,355 TOTAL OPERATING EXPENDITURES 15,865,738$ 20,599,792$ 21,032,937$ 21,556,197$ 523,260$ Supplemental Proposed Original Budget Budget Difference Actual Budget Amendment #1 Amendment #2 Increase 2021 2022 2022 2022 (Decrease) REVENUES Taxes: Short-term Rental Tax -$ 750,000$ 750,000$ 1,000,000$ 250,000$ Intergovernmental - - - 25,000 25,000 Charges for Services: Rental Revenues - Employees 40,962 49,068 49,068 49,068 - Investment Earnings 34 - - - - Other Revenue: Bond Issuance Fees 9,514 9,000 9,000 9,000 - Loan Principal Repayment 2,634 - - - - Miscellaneous Nonclassified Revenues 4,728 - - - - Total Operating Revenues 57,872 808,068 808,068 1,083,068 275,000 Other Sources Operating Transfers-In: Capital Projects Fund - 597,699 597,699 597,699 - Total Other Sources - 597,699 597,699 597,699 - TOTAL REVENUES 57,872 1,405,767 1,405,767 1,680,767 275,000 EXPENDITURES General Government: Community Housing 920,422 1,200,000 2,351,018 2,479,569 128,551 Total Operating Expenditures 920,422 1,200,000 2,351,018 2,479,569 128,551 TOTAL EXPENDITURES 920,422 1,200,000 2,351,018 2,479,569 128,551 NET SOURCE (USE) OF FUNDS (862,550) 205,767 (945,251) (798,802) 146,449 FUND BALANCES, Beginning of Year 2,165,857 924,876 1,303,309 1,303,307 (2) FUND BALANCES, End of Year 1,303,307$ 1,130,643$ 358,058$ 504,505$ 146,447$ Fund Summary Community Housing Fund #25 Supplemental Amendment No. 2 ATTACHMEMT C [748-4021] [pmckenny@avon.org] TO: Honorable Mayor Smith Hymes and Council members FROM: Patty McKenny, Deputy Town Manager | Town Clerk RE: Proposal with Sustainable Strategies (S2) for Grant Administration Services DATE: September 7, 2022 SUMMARY: The Town Manager’s Office has reached out to Sustainable Strategies (S2), a government affairs and strategic consulting firm based in Washington, DC, and Denver, CO, for a grant administration services proposal. The consulting firm helps local governments secure resources for community projects that will revitalize, sustain and keep communities resilient. Town staff met with S2 representatives, Ashley Badesch, Partner and Debra Figueroa, Principal, on August 8 to review some of the town’s goals for engaging their services. The group was able to tour Nottingham Park and the pedestrian mall areas to talk about a number of focus areas the town would like to address in securing federal, state and local grant funding, including infrastructure improvements, affordable housing, parks, trails and recreation, building electrification, waste diversion and composting programs, water resiliency and wildfire, mudslide, and hazard improvements. The Manager’s Office recommends contracting with S2 to continue securing grant funding opportunities. BACKGROUND: The Town Manager’s Office has prioritized developing and implementing a more formal program for grant administration that would seek to obtain federal, state, and local funding for town wide projects. Biden’s Bipartisan Infrastructure Law was passed to help fund local communities rebuild deteriorating infrastructure, guidebook link: www.whitehouse.gov/wp-content/uploads/2022/01/BUILDING- A-BETTER-AMERICA_FINAL.pdf#page=1. This is one example of many of the state and federal funding opportunities that exist today. The Town’s capital projects long range plan identifies projects that would be considered for the grant funding pipeline. Several departments have already been active in writing grant applications in 2022 and have secured the following grants for projects and programs: Grant Funding for 2022 Recreation Department State of Colorado, Child Care Operations Stabilization and Workforce Sustainability Grant – $52,789 State of Colorado, Pools Special Initiative Grant - $12,500 Public Works Department Rural Avon – Two Bus Replacements - $840,000 A&O Funded by ARP Funds - $361,808 Avon Formation of Eagle River Valley Regional Transit Authority - $96,000 CRRSAA & Winter Surge Operating - $967,728 Operating - $245,980 General Government “best & brightest” DOLA grant for our intern Emily Myler to offset 50% of her salary Grant for 6 new EV charging stations Community Development Colorado Parks Wildlife Off Highway Vehicle Trail Maintenance Grant (for 2023 construction) of USFS 779 Road Improvements - $40,000 Department of Local Affairs for Regional Land Inventory for workforce housing development - $25,000 ATTACHMENT D Page 2 of 2 Grant Funding Opportunities for 2023 Not a complete list Recreation Department GOCO Grants (park development) Gametime/PLAYCORE Playground Matching Grant Child Care Grants to support families and our programming OHV Grants; CPW, Yamaha Outdoor Initiative Public Works CDOT Bus Replacements – est. $776K CDOT Admin and Operating Grant est. $246K CDOT Capital Grant – Fleet Lift Replacement –est. $200K FEMA Hazard Mitigation Grant – Drainage Improvements – TBD Eagle River Pedestrian Bridge – TBD PROPOSAL: In summary, the proposal from S2 focuses on providing legislative updates, tailored funding strategies, full grant-writing services, project-specific congressional and agency advocacy, and ongoing strategic consulting. The firm has helped communities across America succeed on many innovative local projects. The scope of services identified in the proposal include: Providing strategic advice to help shape projects to be more competitive for foundation, federal, state,and other funding opportunities; Working with the Town’s Leadership Team to identify and gather stakeholder support for fundingprojects from the right local, regional, state, and national partners; Providing full-service grant-writing, including drafting, finalizing, and submission of narratives,stakeholder support letter templates, attachments, and other components of competitive proposals; Conducting grant review of proposals prepared by the Town and stakeholders; Submitting grants through Grants.gov or other means FINANCIAL CONSIDERATIONS: The related costs for the professional services contract for 2022 is estimated at $15,000 and is included in the budget supplemental with Resolution No. 2022-20. The scope of work is related to performing grant writing and advocacy services that would assist the Town in developing and securing grant funds. In addition, the proposed contract work is also budgeted in 2023 which would include engaging full grant-writing services for up to for three (3) to five (5) grant opportunities. PROPOSED MOTION: The formal motion is stated in the budget amendment report for Resolution No. 2022-20. Thank you, Patty 21-Jun-22 SUSTAINABLE STRATEGIES DC’S CLIENT SUCCESSES 2012-2022 ➢Sustainable Strategies DC helps localities obtain resources for their community revitalization priorities. The firm provides strategic consulting, funding strategies, grantwriting , and advocacy to secure resources and promote progress for our clients. ➢Over 25+ years, the Sustainable Strategies DC team has secured nearly $5 billion for our local government clients. This includes over $655 million through more than 400 grants and other resources secured for over 40 cities, towns, counties, and states across America since 2012. ➢Our work supports diverse local communities across America of all sizes, with populations ranging from 5,259 to 1.5 million. ➢Sustainable Strategies DC has secured grants from federal and state agencies, philanthropic foundations, and the private sector for: Arts, Culture & Historic Preservation Brownfields Revitalization & Smart Growth Community & Economic Development Environmental Sustainability, Clean Energy & Green Infrastructure Community Health & Substance Abuse Prevention Manufacturing & Making Opportunity Zones Public Safety & Criminal Justice Technical Assistance, Awards & Designations Technology & Innovation Transportation & Infrastructure Workforce Development 21-Jun-22 RETAINER CLIENTS ($314.9 MILLION SINCE 2012) Beaverton, OR ($3.9 million) •Creation of “Resource Roadmap” for community revitalization and funding •White House Community Revitalization Roundtable •$1.6 million Community Transformation Grant (Centers for Disease Control & Prevention) •$600,000 Brownfields Coalition Assessment Grant (U.S. Environmental Protection Agency) •$400,000 Brownfields Assessment Grant (U.S. Environmental Protection Agency) •$324,750 Drug Treatment Courts Grant (Substance Abuse and Mental Health Services Administration) •$306,000 Treatment Court Grant (Oregon Criminal Justice Commission) •$288,750 Specialty Court Grant (Oregon Criminal Justice Commission) •$150,000 Body-Worn Camera Pilot Implementation Grant (U.S. Department of Justice) •$125,000 COPS Hiring Grant (U.S. Department of Justice) •$100,000 Equitable Housing Planning and Development Grant (Metro Council) •$50,000 Our Town Grant (National Endowment for the Arts) •Building Blocks Technical Assistance (U.S. Environmental Protection Agency) •Participation in Maker Mayors Challenge •Leading city in launch of the My Brother’s Keeper Community Challenge Braxton County, WV ($500,000) •$500,000 Economic Development Initiative CDS (U.S. Department of Housing and Urban Development) Buena Vista, MI ($600,000) •$500,000 Transportation, Community & System Preservation Grant Federal Highway Administration) •$100,000 Targeted Brownfields Assessment (U.S. Environmental Protection Agency) •Building Blocks Technical Assistance (U.S. Environmental Protection Agency) •White House Community Revitalization Roundtable •Leading community in launch of the My Brother’s Keeper Community Challenge Carlisle, PA ($8.4 million) •Creation of “Resource Roadmap” for community revitalization and funding •$5 million TIGER Grant (U.S. Department of Transportation) •$1.5 million Multimodal Grant (Pennsylvania Department of Transportation) •$599,000 Chesapeake Bay Stewardship Fund Grant (National Fish & Wildlife Foundation) •$400,000 Brownfields Assessment Grant (U.S. Environmental Protection Agency) •$380,000 Transportation Alternatives Program Grant (Federal Highway Administration) •$200,000 Brownfields Area-Wide Planning Grant (U.S. Environmental Protection Agency) •$200,000 Environmental Work Force Development and Job Training Grant (U.S. Environmental Protection Agency) •$43,500 Body-Worn Camera Pilot Implementation Grant (U.S. Department of Justice) •$30,000 Green Streets-Green Jobs-Green Towns Grant (Chesapeake Bay Trust) •$10,000 Our Town Grant (National Endowment for the Arts) •Leading community in launch of the My Brother’s Keeper Community Challenge Charleston, WV ($5.6 million) •Creation of “Resource Roadmap” for community revitalization and funding •$1,750,000 RAISE Grant (U.S. Department of Transportation) •$1 million Economic Development Initiative CDS (U.S. Department of Housing and Urban Development) •$1 million Byrne Grant CDS (U.S. Department of Justice) •$750,000 COPS Technology CDS (U.S. Department of Justice) •$500,000 Employment and Training Administration CDS (U.S. Department of Labor) •$300,000 SAMHSA CDS (U.S. Department of Health and Human Services) •$300,000 Byrne Grant CDS (U.S. Department of Justice) 21-Jun-22 Charles Town, WV ($6.1 million) • Creation of “Resource Roadmap” for community revitalization and funding • $1.4 million Historic Restoration Tax Credit • $1 million for restoration of historic Happy Retreat heritage center (private donations) • $900,000 Brownfields Cleanup Revolving Loan Fund and Supplemental RLF Grants (U.S. Environmental Protection Agency) • $725,000 Chesapeake Bay Stewardship Fund Grant (National Fish & Wildlife Foundation) • $540,000 Transportation Alternatives Program Grant (West Virginia Department of Transportation) • $500,000 Historic Preservation Fund CDS (National Park Service) • $250,000 Economic Development Initiative CDS (U.S. Department of Housing and Urban Development) • $195,000 ARPA Coronavirus Recovery Fund Grant (U.S. Treasury) • $132,500 Save America’s Treasures Grant (National Park Service) • $118,500 African American Civil Rights Grant (National Park Service) • $100,000 Transportation Alternatives Program Grant (West Virginia Department of Transportation) • $75,000 Green Streets-Green Jobs-Green Towns Grant (Chesapeake Bay Trust) • $50,000 Our Town Grant (National Endowment for the Arts) • 20,600 Paul Bruhn Historic Revitalization Subgrant (West Virginia Division of Culture and History) • $11,000 State Historic Preservation Grant (West Virginia Division of Culture and History) • $10,000 State Historic Preservation Grant (West Virginia Division of Culture and History) • $9,999 Historic Preservation Grant (Daughters of the American Revolution) • Participation with President at White House Maker Faire, and Maker Mayors Challenge • Leading city in launch of the My Brother’s Keeper Community Challenge • Designation as new “Home Rule City” by the State of West Virginia • 2013 Phoenix Brownfields Award and Phoenix People’s Choice Award • Opportunity Zone designation in distressed neighborhoods Dubuque, IA ($37.6 million) • $31.5 million Natural Disaster Resilience Grant (U.S. Department of Housing & Urban Development) • $1.2 million Disaster Relief Grant (Economic Development Administration) • $800,000 Brownfields Multipurpose Grant (U.S. Environmental Protection Agency) • $800,000 Brownfields Revolving Loan Fund Grant (U.S. Environmental Protection Agency) • $600,000 Transportation, Community & System Preservation Grant (Federal Highway Administration) • $508,000 Outdoor Recreation Legacy Partnership Grant (National Park Service) • $500,000 Smart Grid Access Grant (U.S. Department of Energy) • $500,000 Local Arts Agency Subgrant (National Endowment for the Arts) • $400,000 Brownfields Assessment Grant (U.S. Environmental Protection Agency) • $200,000 Brownfields Area-Wide Planning Grant (U.S. Environmental Protection Agency) • $200,000 Brownfields Area-Wide Planning Grant (U.S. Environmental Protection Agency) • $200,000 Brownfields Cleanup Grant (U.S. Environmental Protection Agency) • $200,000 Brownfields Cleanup Grant (U.S. Environmental Protection Agency) • Building Blocks Technical Assistance (U.S. Environmental Protection Agency) • Building Blocks Technical Assistance (U.S. Environmental Protection Agency) • National Award for Smart Growth Achievement (U.S. Environmental Protection Agency) • Participation in Maker Mayors Challenge • Leading city in launch of the My Brother’s Keeper Community Challenge • Opportunity Zone designation in distressed neighborhoods Frankfort, KY ($15.4 million) • Creation of “Resource Roadmap” for community revitalization and funding • $8 million TIGER Grant (U.S. Department of Transportation) • $5.5 million CARES Act Grant (U.S. Department of Transportation) • $616,000 RAISE Planning Grant (U.S. Department of Transportation) 21-Jun-22 • $440,000 Employment and Job Training CDS (U.S. Department of Labor) • $300,000 Brownfields Community-Wide Assessment Grant (U.S. Environmental Protection Agency) • $250,000 Land and Water Conservation Fund Grant (National Park Service) • $75,000 CommunityWINS Grant (U.S. Conference of Mayors) • $50,000 African American Civil Rights Grant (National Park Service) • $45,000 Body-Worn Camera Implementation Grant (U.S. Department of Justice) • $25,000 Grants for Arts Projects Grant (National Endowment for the Arts) • $25,000 Our Town Grant (National Endowment for the Arts) • $15,000 Grants for Arts Projects Grant (National Endowment for the Arts) • Local Foods, Local Places Technical Assistance (U.S. Environmental Protection Agency) • Opportunity Zone designation in distressed neighborhood Frederick, MD ($5.3 million) • $5 million Economic Adjustment Assistance ARPA Grant (Economic Development Administration) • $535,000 Highway Infrastructure Grant CDS (U.S. Department of Transportation) • $300,000 Brownfields Community-Wide Assessment Grant (U.S. Environmental Protection Agency) Friends of Blackwater, WV ($2.4 million) • $1,226,000 POWER Grant (Appalachian Regional Commission) • $1,190,000 POWER Grant (Appalachian Regional Commission) Glenwood Springs, CO ($13.1 million) • Creation of “Resource Roadmap” for community revitalization and funding • $7 million BUILD Grant (U.S. Department of Transportation) • $1 million HIghway Infrastructure Grant CDS (U.S. Department of Transportation) • $950,000 Energy and Mineral Assistance Fund Grant (Colorado Department of Local Affairs) • $700,000 Joint Garfield County Federal Mineral Lease District (Garfield County) • $500,000 Energy and Mineral Assistance Fund Grant (Colorado Department of Local Affairs) • $500,000 Federal Mineral Lease District Grant (Garfield County) • $400,000 Energy and Mineral Assistance Fund Grant (Colorado Department of Local Affairs) • $297,570 Emergency Solutions Grant (Colorado Department of Local Affairs) • $200,000 Brownfields Area-Wide Planning Grant (U.S. Environmental Protection Agency) • $200,000 Federal Mineral Lease District Grant (Garfield County) • $200,000 Federal Mineral Lease District Grant (Garfield County) • $175,000 Federal Mineral Lease District Grant (Garfield County) • $150 Revitalizing Main Street Grant (Colorado Department of Transportation) • $150,000 Targeted Brownfields Assessment Award (U.S. Environmental Protection Agency - Region 8) • $149,600 Recycling Resources Economic Opportunity Infrastructure Grant (Colorado Department of Public Health and Environment) • $124,000 Resilient Communities Grant (Great Outdoors Colorado) • $100,000 Energy and Mineral Assistance Fund Grant (Colorado Department of Local Affairs) • $64,000 Transportation Demand Management Seed Funding Grant (Colorado Department of Transportation) • $61,488 Coronavirus Small Business Relief (Colorado Department of Local Affairs) • $50,000 Revitalizing Main Street (Colorado Department of Transportation) • $50,000 Revitalizing Main Street (Colorado Department of Transportation) • $25,000 Federal Mineral Lease District Mini Grant (Garfield County) • $20,000 State Historical Fund Grant (History Colorado) • $20,000 Art Works Grant (National Endowment for the Arts) • $9,189 Water Resources Grant (Colorado River District) • Recreational Economy for Rural Communities Technical Assistance (U.S. Environmental Protection Agency) • Opportunity Zone designation in distressed neighborhoods 21-Jun-22 Hopewell, VA ($2.4 million) • Creation of “Resource Roadmap” for community revitalization and funding • $840,750 Pre-Disaster Mitigation Grant (Federal Emergency Management Agency) • $759,663 Transportation Alternatives Program Grant (Virginia Department of Transportation) • $451,000 Chesapeake Bay Stewardship Fund Grant (National Fish & Wildlife Foundation) • $396,000 Recreational Trails Program Grant (Virginia Department of Conservation & Recreation) • Opportunity Zone designation in distressed neighborhoods Huntington, WV ($36.8 million) • Creation of “Resource Roadmap” for community revitalization and funding • $8.6 million Surface Transportation Block Grant (Federal Highway Administration) • $5.2 million Economic Adjustment Assistance Grant (Economic Development Administration) • $4.4 million Subsidized Loan (West Virginia Economic Development Authority) • $3.2 million “America’s Best Community” Grand Prize (Frontier Communications) • $2.9 million Pre-Disaster Mitigation CDS (U.S. Department of Homeland Security) • $2.3 million POWER Grant (Appalachian Regional Commission) • $1.9 million Public Works Grant (Economic Development Administration) • $1.5 million POWER Grant (Appalachian Regional Commission) • $1 million Mayors Challenge Competition (Bloomberg Philanthropies) • $800,000 Brownfields Cleanup Revolving Loan Fund (U.S. Environmental Protection Agency) • $750,000 POWER Grant (Appalachian Regional Commission) • $500,000 Supplemental Revolving Loan Fund Grant (U.S. Environmental Protection Agency) • $423,711 Drug Treatment Courts Grant (Substance Abuse and Mental Health Services Administration) • $400,000 Brownfields Assessment Grant (U.S. Environmental Protection Agency) • $350,000 Choice Neighborhoods Planning Grant (U.S. Department of Housing and Urban Development) • $350,000 Every Place Counts Design Challenge (U.S. Department of Transportation/West Virginia Department of Transportation) • $300,000 Brownfields Site-Specific Assessment Grant (U.S. Environmental Protection Agency) • $297,000 Land and Water Conservation Fund (National Park Service) • $250,000 Economic Development Initiative CDS (U.S. Department of Housing and Urban Development) • $220,000 Assistance to Coal Communities (Economic Development Administration) • $218,000 COPS Technology CDS (U.S. Department of Justice) • $200,000 Brownfields Area-Wide Planning Grant (U.S. Environmental Protection Agency) • $150,000 CommunityWINS Grant (U.S. Conference of Mayors & Wells Fargo) • $100,000 Mayor’s Challenge Grant (Bloomberg Foundation) • $75,000 Our Town Grant (National Endowment for the Arts) • $75,000 Economic Development Grant (Claude Worthington Benedum Foundation) • $50,000 Rural Business Development Grant (U.S. Department of Agriculture) • $50,000 POWER Planning Grant (Appalachian Regional Commission) • $30,875 African American Civil Rights Grant (National Park Service) • $25,000 Asphalt Art (Bloomberg Philanthropies) • $25,000 Love Your Block Program Grant (Cities of Service) • $25,000 Just Transition Grant (Appalachia Funders Network) • $2,000 Byrne Grant CDS (U.S. Department of Justice) • Participation in the Cities of Opportunity: Community of Health Practice (National League of Cities) • Participation in the Cities of Opportunity: Healthy People, Thriving Communities pilot (National League of Cities) • Culture of Health finalist, competition still pending (Robert Wood Johnson Foundation) • Engaged Cities Award finalist, competition still pending (Robert Wood Johnson Foundation) • Opportunity Zone designation in distressed neighborhoods 21-Jun-22 Ithaca, NY ($14.6 million) • Creation of “Resource Roadmap” for community revitalization and funding • $4.5 million State of Good Repair Grant (Federal Transit Administration) • $3.3 million in U.S. Department of Transportation earmark reallocations to Ithaca projects • $2 million Economic Development Initiative CDS (U.S. Department of Housing and Urban Development) • $1.4 million BUILD Grant (U.S. Department of Transportation) • $1.4 million Highway Infrastructure Grant CDS (U.S. Department of Transportation) • $1 million Energy Efficiency and Renewable Energy CDS (U.S. Department of Energy) • $523,269 Parks Development Grant (New York State Office of Parks, Recreation and Historic Preservation) • $300,000 Brownfields Community-Wide Assessment Grant (U.S. Environmental Protection Agency) • $200,000 Brownfields Cleanup Grant (U.S. Environmental Protection Agency) • Developed a strategy for working with the U.S. Army Corps of Engineers and other agencies to address sedimentation issues in Lake Cayuga, securing study authorization in federal statute • Helped prevent permanent closure of the Ithaca- Tompkins Airport by the Federal Aviation Administration • Participation in Maker Mayors Challenge • Leading city in launch of the My Brother’s Keeper Community Challenge Johnstown, PA ($34.1 million) • Creation of “Resource Roadmap” for community revitalization and funding • Secured EDA Regional Economic Diversification Summit • $22,448,164 RAISE Grant (U.S. Department of Transportation) • $2 million Public Works Grant (Economic Development Administration) • $1.5 million POWER Grant (Appalachian Regional Commission) • $1.5 million POWER Grant (Appalachian Regional Commission) • $1.4 million Multimodal Grants (Pennsylvania Department of Transportation) • $1.2 million Public Works Grant (Economic Development Administration) • $850,000 U.S. Army Corps of Engineers Section 313 Grant for wastewater infrastructure upgrades • $798,000 POWER Grant (Economic Development Administration) • $650,000 Drug Free Communities Grant (U.S. Department of Health and Human Services) • $600,000 Brownfields Coalition Assessment Grant (U.S. Environmental Protection Agency) • $500,000 Save America’s Treasures Grant (National Park Service) • $400,000 Brownfields Assessment Grant (U.S. Environmental Protection Agency) • $250,000 Silver Jackets Designation (U.S. Army Corps of Engineers) • $63,000 Body-Worn Camera Pilot Implementation Grant (U.S. Department of Justice) • $20,000 Art Works Grant (National Endowment for the Arts) • Local Foods, Local Places Technical Assistance (U.S. Environmental Protection Agency) • Secured study authorizations in Corps of Engineers federal statute • Participation in Maker Mayors Challenge • Leading city in launch of the My Brother’s Keeper Community Challenge • Opportunity Zone designation in distressed neighborhoods Lansing, MI ($1.7 million) • White House Community Revitalization Roundtable • $600,000 Brownfields Assessment Grant (U.S. Environmental Protection Agency) • $539,000 Brownfields Cleanup Revolving Loan Fund preserved (U.S. Environmental Protection Agency) • $500,000 Brownfields Assessment Grant (U.S. Environmental Protection Agency) • $40,000 Art Works Grant (National Endowment for the Arts) • $39,400 African American Civil Rights Grant (National Park Service) • Green Capital Award (U.S. Environmental Protection Agency) • Investing in Manufacturing Communities Partnership designee (U.S. Department of Commerce) 21-Jun-22 • Helped remove 75+ year old restriction on city land to support revitalization • Participation in Maker Mayors Challenge • Leading city in launch of the My Brother’s Keeper Community Challenge • Opportunity Zone designation in distressed neighborhoods Loraine, OH (7.8 million) • $4,025,899 Brownfield Remediation Grant (Ohio Department of Development) • $1,647,292 Outdoor Recreation Legacy Partnership Grant (National Park Service) • $709,167 Brownfield Remediation Grant (Ohio Department of Development) • $500,000 Byrne Grant CDS (U.S. Department of Justice) • $500,000 COPS Technology CDS (U.S. Department of Justice) • $250,000 Small Business Administration CDS (Small Business Administration) • $195,750 Brownfield Remediation Grant (Ohio Department of Development) Martin County, FL ($10.1 million) • $3.1 million Staffing for Adequate Fire and Emergency Response (Federal Emergency Management Agency) • $1.7 million Assistance to Firefighters Grant (Federal Emergency Management Agency) • $1.2 million Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant (Florida Department of Juvenile Justice) • $429,000 Section 319(h) Grant (Florida Department of Environmental Protection) • $398,500 Recreational Trails Program (Florida Department of Transportation) • $388,000 Federal Clean Water Act Section 319 (h) Grant (U.S. Environmental Protection Agency) • $346,109 Assistance to Firefighter Grant (Federal Emergency Management Agency) • $345,000 Land & Water Conservation Fund Grant (Florida Department of Environmental Protection) • $340,000 Land & Water Conservation Fund Grant (Florida Department of Environmental Protection) • $300,000 Land & Water Conservation Fund Grant (Florida Department of Environmental Protection) • $300,000 Land & Water Conservation Fund Grant (Florida Department of Environmental Protection) • $300,000 Waterway Assistance Program Grant (Florida Inland Navigation District) • $200,000 Land & Water Conservation Fund Grant (Florida Department of Environmental Protection) • $167,061 Waterways Assistance Program Grant (Florida Inland Navigation District) • $125,000 Special Category Historical Preservation Grant (Florida Division of Historical Resources) • $115,699 Special Category Historical Preservation Grant (Florida Division of Historical Resources) • $99,729 Emergency Medical Services Grant (Florida Department of Health) • $60,000 Waterways Assistance Program Grant (Florida Inland Navigation District) • $50,000 Our Town Grant (National Endowment for the Arts) • $50,000 Our Town Grant (National Endowment for the Arts) • $50,000 Florida Boating Improvement Program Grant (Florida Fish and Wildlife Conservation Commission) • $40,000 Florida Boating Improvement Program Grant (Florida Fish and Wildlife Conservation Commission) • $38,615 Rural Business Development Grant (U.S. Department of Agriculture) • $35,000 Florida Boating Improvement Program Grant (Florida Fish and Wildlife Conservation Commission) • $11,905 Fire Prevention and Safety (Federal Emergency Management Agency) • $10,000 Energy Efficiency Retrofits for Public Facilities Grant (Florida Department of Agriculture & Consumer Services) • $3,500 H.W. Wilson Library Staff Development Grant (American Library Association) • Our Town Technical Assistance (National Endowment for the Arts) • Opportunity Zone designation in distressed neighborhood Mills, WY ($125,000) • $125,000 COPS Hiring Grant (U.S. Department of Justice) 21-Jun-22 Minturn, CO ($2.65 million) • $1,402,000 Revitalizing Main Street Larger Safety Grant (Colorado Department of Transportation) • $1 million State and Tribal Assistance Grant CDS (U.S. Environmental Protection Agency) • $250,000 Community Funding Partnership (Colorado River District) North Hempstead, NY ($10.7 million) • $2 million U.S. Department of Transportation earmark reallocations to North Hempstead projects • $2 million for two Section 5310 Grant (Federal Transit Administration) • $1 million Economic Development Initiative CDS (U.S. Department of Housing and Urban Development) • $1 million Cleaner, Greener Communities Grant (New York State Energy Research & Development Authority) • $800,000 Brownfield Community Wide Multipurpose Grant (U.S. Environmental Protection Agency) • $656,000 Transit Infrastructure Grant CDS (U.S. Department of Transportation) • $625,000 Cleaner, Greener Communities Grant (New York State Energy Research & Development Authority) • $480,000 Economic Development Initiative CDS (U.S. Department of Housing and Urban Development) • $300,000 Brownfields Assessment Grant (U.S. Environmental Protection Agency) • $295,000 New York Main Street Grant (New York State Homes and Community Renewal) • $270,000 Local Government Efficiency Grant (New York State Department of State) • $200,000 Brownfields Cleanup Grant (U.S. Environmental Protection Agency) • $165,000 Maritime Heritage Grant (National Park Service) • $159,000 Zombie Home Prevention Initiative Grant (New York Attorney General’s Office) • $126,000 Brownfield Opportunity Area Grant (New York State Department of State) • $125,000 Local Waterfront Revitalization Program Grant (New York State Department of State) • $82,500 Market New York Grant (New York Empire State Development) • $75,000 Market New York Grant (New York Empire State Development) • $75,000 Our Town Grant (National Endowment for the Arts) • $58,000 Local Government Efficiency Grant (New York State Department of State) • $50,000 African American Civil Rights Grant (National Park Service) • $49,500 Arts Grant (New York State Council on the Arts) • $7,500 Data Redundancy Grant (New York Department of State) • Leading city in launch of the My Brother’s Keeper Community Challenge Port St. Lucie, FL ($10.1 million) • Creation of “Resource Roadmap” for community revitalization and funding • $2 million Resilient Florida Grant (Florida Department of Environmental Protection) • $1.4 million Hazard Mitigation Grant (Federal Emergency Management Agency) • $1.3 million 319(h)/SWAG Grant (Florida Department of Environmental Protection) • $1.1 million River Lagoon Water Management Improvement Grant (South Florida Water Management District) • $924,000 319(h)/SWAG Grant (Florida Department of Environmental Protection) • $672,472 River Lagoon Water Management Improvement Grant (South Florida Water Management District) • $562,500 Hazard Mitigation Grant (Federal Emergency Management Agency) • $500,000 Recreational Trails Program (Florida Department of Transportation) • $400,000 Waterways Assistance Program (Florida Inland Navigation District) • $336,000 319(h) Grant (Florida Department of Environmental Protection) • $264,000 Shuttered Venue Operators Grant (Small Business Administration • $250,000 Florida Recreation Development Assistance Program - Playground Enhancement Grant (Florida Department of Environmental Protection) • $200,000 Florida Recreation and Development Assistance Program (Florida Department of Environmental Protection) • $100,000 Water Quality Restoration Grant (Indian River Lagoon National Estuary Program) 21-Jun-22 • $98,175 COPS Community Policing Development Microgrant (U.S. Department of Justice) • $80,000 Rebuild Florida Resiliency Planning Grant (Florida Department of Economic Opportunity) • $50,000 Our Town Grant (National Endowment for the Arts) • $10,000 Grants for Arts Projects Grant (National Endowment for the Arts) • $10,000 Challenge America Grant (National Endowment for the Arts) • Opportunity Zone designation in distressed neighborhood Ranson, WV ($14 million) • $5 million TIGER Grant (U.S. Department of Transportation) • $4.5 million BEDI-Section 108 Finance package (U.S. Department of Housing & Urban Development) • $3.2 million Transportation Grant (West Virginia Department of Transportation) • $625,000 Transportation Alternatives Program Grant (West Virginia Department of Transportation) • $250,000 COPS Hiring Grant (U.S. Department of Justice) • $200,000 Transportation Alternatives Program Grant (West Virginia Department of Transportation) • $125,000 COPS Hiring Grant (U.S. Department of Justice) • $120,000 Transportation Grant (West Virginia Department of Transportation) • $43,000 Body-Worn Camera Pilot Implementation Grant (U.S. Department of Justice) • $30,000 Green Streets, Green Jobs, Green Towns (Chesapeake Bay Trust) • Building Blocks Technical Assistance (U.S. Environmental Protection Agency) • 2013 Phoenix Brownfields Award and Phoenix People’s Choice Award • Participation in Maker Mayors Challenge • Leading city in launch of the My Brother’s Keeper Community Challenge • Opportunity Zone designation in distressed neighborhoods Rifle, CO ($1.95 million) • $1.8 million Revitalizing Main Street Larger Safety Grant (Colorado Department of Transportation) • $150,000 Revitalizing Main Street Small Grant (Colorado Department of Transportation) Rochester, MN ($21.1 million) • Creation of “Resource Roadmap” for community revitalization and funding • $5 million Outdoor Recreation Legacy Partnership (National Park Service) • $4.3 million Buses and Bus Facilities (U.S. Department of Transportation) • $3.2 million Low- or No-Emission Vehicle Grant (U.S. Department of Transportation) • $3.1 million Main Street Economic Revitalization Program Grant (Minnesota Department of Employment and Economic Development) • $988,000 Main Street Economic Revitalization Program Grant (Minnesota Department of Employment and Economic Development) • $935,000 State and Tribal Assistance Grant CDS (U.S. Environmental Protection Agency) • $750,000 Employment and Training Administration CDS (U.S. Department of Labor) • $692,674 Expanded Meal Access for Minnesota Children and Adults Grant (Minnesota Department of Education) • $525,000 Lead Hazard Reduction Grant (U.S. Department of Housing & Urban development) • $500,000 COPS Technology CDS (U.S. Department of Justice) • $468,699 Travel and Tourism Grant (Economic Development Administration) • $383,650 Save America’s Treasures Grant (National Park Service) • $58,040 Emergency Services Program (Minnesota Department of Human Services) • $25,000 Grants for Arts Projects Grant (National Endowment for the Arts) • Participation in the Mayors’ Institute on Job Creation and Economic Opportunity to Improve Health and Equity (National League of Cities) Silverthorne, CO ($150,000) • $150,000 Revitalizing Main Street Small Grant (Colorado Department of Transportation) 21-Jun-22 Stamford, CT ($16.6 million) • $6.4 million Commun ity Development Block Grant – Disaster Recovery Grant (U.S. Department of Housing & Urban Development) • $2 million Highway Infrastructure Grant Program CDS (U.S. Department of Transportation) • $1.8 million Outdoor Recreational Legacy Partnership Grant (National Park Service) • $1.4 million U.S. Department of Transportation earmark reallocations to Stamford project • $1.1 million Sustainable Communities Challenge Grant (U.S. Department of Housing & Urban Development) • $1 million Staffing for Adequate Fire & Emergency Response Grant (Federal Emergency Management Agency) • $850,000 Transportation, Community & System Preservation Grant (Federal Highway Administration) • $800,000 Disaster Relief Grant (Economic Development Administration) • $513,000 Workforce Development CDS (U.S. Department of Labor) • $338,346 Body-Worn Camera Pilot Implementation Grant (U.S. Department of Justice) • $147,840 Farmers Market Promotion Program Grant (U.S. Department of Agriculture) • $133,151 Body-Worn Camera Policy and Implementation Program Grant (U.S. Department of Justice) • $60,000 Invest Health Grant (Robert Wood Johnson Foundation) • $28,400 Connecticut Farm Viability Grant (Connecticut Department of Agriculture) • $25,701 Farm-to-School Planning Grant (U.S. Department of Agriculture) • $25,000 Healthy Communities Grant (U.S. Environmental Protection Agency - Region 1) • $21,000 Connecticut Farm Viability Grant (Connecticut Department of Agriculture) • $20,000 Community Collaborative Learning Grant (Rober Wood Johnson Foundation) • $20,000 Roadmaps Collaborative Learning Grant (Robert Wood Johnson Foundation) • $10,000 Roadmaps to Health Action Award (Robert Wood Johnson Foundation) • $10,000 Innovation Grant (RecycleCT) • $9,800 Community Challenge Grant (AARP) • Transit-Oriented Development Technical Assistance (Smart Growth America & Federal Transit Administration • Building Blocks Technical Assistance (U.S. Environmental Protection Agency) • Opportunity Zone designation in distressed neighborhoods Weirton, WV ($2.7 million) • Creation of “Resource Roadmap” for community revitalization and funding • $1.2 million Assistance to Coal Communities Construction Grant (Economic Development Administration) • $800,000 Brownfields Cleanup Revolving Loan Fund (U.S. Environmental Protection Agency) • $300,000 Assistance to Coal Communities Reuse Planning Grant (Economic Development Administration) • $393,500 Transportation Alternatives Program Grant (West Virginia Department of Transportation) • $25,000 Our Town Grant (National Endowment for the Arts) • Opportunity Zone designation in distressed neighborhood Wheeling, WV ($29.7 million) • Creation of “Resource Roadmap” for community revitalization and funding • $25 million Transporation Grant (West Virginia Department of Transportation) • $1,001,000 COPS Technology CDS (U.S. Department of Justice) • $1 million Economic Development Initiative CDS (U.S. Department of Housing and Urban Development) • $750,000 Paul Bruhn Historic Revitalization Subgrant (National Park Service) • $620,000 Economic Development Initiative CDS (U.S. Department of Housing and Urban Development) • $500,000 Health Resources and Services Administration CDS (U.S. Department of Health and Human Services) • $359,953 Brownfields Cleanup Grant (U.S. Environmental Protection Agency) • $192,000 Transportation Alternatives Grant (West Virginia Department of Transportation) • $150,000 Historic Preservation Fund CDS (National Park Service) 21-Jun-22 • $75,000 Opportunity Appalachia (Appalachian Community Capital) • $50,000 POWER Grant (Appalachian Regional Commission) • $40,000 State Development Grant (West Virginia Department of Arts, Culture and History) NON-RETAINER CLIENT PROJECTS ($343.5 MILLION SINCE 2012) Advantage Valley, WV ($2.7 million) • $1,055,001 POWER Grant (Appalachian Regional Commission) • $1,052,000 POWER Grant (Appalachian Regional Commission) • $323,000 Claude W. Benedum Foundation Grant (Claude W. Benedum Foundation) • $300,000 Small Business Administration CDS (Small Business Administration) Arcata, CA ($3.1 million) • $3.1 million Active Transportation Program Grant (California Department of Transportation) Aspen Fire Protection District ($1.3 million) • $1.3 million SAFER Grant (Federal Emergency Management Agency) Bay City, MI ($709,303) • $709,303 Transportation Economic Development Fund (Michigan Department of Transportation) Beaver County, PA ($600,000) • $600,000 Brownfields Assessment Grant (U.S. Environmental Protection Agency) Bourbon County, KY ($10.2 million) • $10.2 million BUILD Grant (U.S. Department of Transportation) Bridgeport, CT ($261,654) • $261,654 Body-Worn Camera Pilot Implementation Grant (U.S. Department of Justice) Butler Township, PA • Creation of “Resource Roadmap” for community revitalization and funding Catalyst Connection, PA ($10.6 million) • Investing in Manufacturing Communities Partnership Award (Economic Development Administration) • $5,000,000 Defense Manufacturing Communities Program Grant (Department of Defense) • $1,423,297 POWER Grant (Appalachian Regional Commission) • $1 million Employment and Training Administration CDS (U.S. Department of Labor) • $994,883 POWER Grant (Appalachian Regional Commission) • $670,000 POWER Grant (Appalachian Regional Commission) • $625,000 POWER Grant (Appalachian Regional Commission • $532,497 Assistance to Coal Communities Grant (Economic Development Administration) • $400,000 POWER Planning Grant (Economic Development Administration) Cedar Hill, TX ($300,000) • $300,000 WaterSMART (Bureau of Reclamation) Coalfield Development Corporation, WV ($3.6 million) • $2.5 million Workforce Opportunities for Rural Communities Grant (U.S. Department of Labor) • $500,000 Phase I Build Back Better Challenge (Economic Development Administration) • $500,000 Brownfields Cleanup Grant (U.S. Environmental Protection Agency) • $100,000 Our Town (National Endowment for the Arts) 21-Jun-22 Community College of Beaver County, PA ($1.3 million) • $685,000 POWER Grant (Appalachian Regional Commission) • $587,950 POWER Grant (Appalachian Regional Commission) • Tri-State Energy & Advanced manufacturing (TEAM) Consortium formation Dubuque County, IA ($5.4 million) • $5,452,023 BUILD Grant (U.S. Department of Transportation) El Paso, TX ($2.1 million) • $2.1 million Desalination Construction Projects under the WIIN Act Grant (Bureau of Reclamation) Flint, MI ($127 million) • Representation during 2015-2016 Water Crisis, leading to $127 million in federal & state water infrastructure funding • White House Community Revitalization Roundtable • Participation in Maker Mayors Challenge Galveston, TX ($50,000) • $50,000 Our Town Grant (National Endowment for the Arts) Generation WV & the Locally Driven Broadband Solutions Program ($7.3 million) • $2.5 million POWER Broadband Grant (Appalachian Regional Commission) • $2.5 million POWER Broadband Grant (Appalachian Regional Commission) • $1,551,200 million POWER Broadband Grant (Appalachian Regional Commission) • $523,253 million POWER Grant (Appalachian Regional Commission) • $167,000 Employment and Training Administration CDS (U.S. Department of Labor) • $40,000 Just Transition Grant (Appalachia Funders Network) Harrisburg, PA ($300,000) • $300,000 Brownfields Assessment Grant (U.S. Environmental Protection Agency) Holland, MI ($65,000) • Creation of “Resource Roadmap” for community revitalization and funding • $65,000 Local Sustainability Matching Fund Grant (Funders Network for Smart Growth & Livable Communities) • Georgetown University Clean Energy Prize; semi-finalist Indianapolis, IN • Creation of “Resource Roadmap” for community revitalization and funding Iowa ($66 million) • $66 million National Disaster Resilience Competition Grant (U.S. Department of Housing and Urban Development) Jefferson County, WV • Creation of “Resource Roadmap” for parks and recreation Madison, WI ($11.7 million) • $4.7 million Buses and Bus Facilities Grant (Federal Transit Administration) • $7 million Buses and Bus Facilities Grant (Federal Transit Administration) Martinsburg, WV ($400,000) • $400,000 Brownfields Assessment Grant (U.S. Environmental Protection Agency) • Opportunity Zone designation in distressed neighborhoods Monaca, PA ($4.3 million) • Creation of “Resource Roadmap” for community revitalization and funding • $3 million Economic Development Transportation Grant (Pennsylvania Department of Community and Economic Development) • $1 million Livability Through Smart Transportation Grant (Southwestern Pennsylvania Commission) • $263,000 Multi-Modal Transportation Fund Grant (Pennsylvania Department of Transportation) Morgantown, WV • Opportunity Zone designation in distressed neighborhoods 21-Jun-22 Norfolk, VA ($14.5 million) • $14 million BUILD Grant (U.S. Department of Transportation) • $300,000 Brownfields Assessment Grant (U.S. Environmental Protection Agency) • $200,000 Brownfields Area-Wide Planning Grant (U.S. Environmental Protection Agency) Norwalk, CT ($3.4 million) • $3 million Community Development Block Grant - Disaster Recovery (Connecticut Department of Housing) • $400,000 Brownfields Assessment Grant (U.S. Environmental Protection Agency) • Opportunity Zone designation in distressed neighborhoods Philadelphia, PA • Creation of “Resource Roadmap” for community revitalization and funding Ponderay, ID ($1.4 million) • $1.4 million BUILD Planning Grant (U.S. Department of Transportation) Regional Optical Communications, Inc. ($1.2 million) • $1.2 million American Rescue Plan Act Economic Adjustment Assistance Grant (Economic Development Administration) Roaring Fork School District, CO ($1.2 million) • $510,073 Transportation Alternatives Program Grant (Colorado Department of Transportation) • $500,000 Safe Routes to School Grant (Colorado Department of Transportation) • $200,000 Federal Mining Lease District Grant (Garfield County) Roaring Fork Transportation Authority, CO ($24.5 million) • $13 million BUILD Grant (U.S. Department of Transportation) • $11.5 million Buses and Bus Facilities Grant (U.S. Department of Transportation) Silt, CO ($201,000) • Creation of “Resource Roadmap” for community revitalization and funding • $201,000 Colorado Multimodal Fund Grant (Colorado Department of Transportation) Southern Rail Commission ($37.4 million) • $33 million Consolidated Rail Infrastructure and Safety Improvements (Federal Railroad Administration) • $4.4 million Restoration & Enhancement Grant (Federal Railroad Administration) Southwestern Pennsylvania Coalition ($1.4 million) • $1,423,497 POWER Grant (Appalachian Regional Commission) Spokane, WA • Opportunity Zone designation in distressed neighborhoods Steelton, PA • Creation of “Resource Roadmap” for community revitalization and funding St. Louis County, MO • Creation of “Resource Roadmap” for community revitalization and funding Unlimited Future, WV ($40,000) • $40,000 Just Transition Grant (Appalachia Funders Network) West Virginia High Tech Consortium ($838,000) • $837,970 POWER Grant (Appalachian Regional Commission) Waynesboro, VA • Creation of “Resource Roadmap” for community revitalization and funding Wellsburg, WV ($75,000) • $75,000 Opportunity Appalachia (Appalachian Community Capital) 21-Jun-22 West Virginia High Technology Foundation, WV ($50,000) • $50,000 Rural Business Development Grant (U.S. Department of Agriculture) West Virginia Land Stewardship Corporation, WV ($1 million) • $1 million Economic Development Initiative CDS (U.S. Department of Housing and Urban Development) West Virginia Municipal League, WV ($300,000) • $300,000 Economic Development Initiative CDS (U.S. Department of Housing and Urban Development) West Virginia University, WV ($400,000) • $400,000 POWER Grant (Appalachian Regional Commission) Wilmington, DE ($300,000) • $300,000 Brownfields Assessment Grant (U.S. Environmental Protection Agency) 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Robert McKenner, IT Manager and Eric Heil, Town Manager RE: Work Session: Broadband Infrastructure DATE: September 8, 2022 SUMMARY: This report provides Council with an overview of a Broadband Needs Assessment conducted by HR Green and a proposed plan for moving forward with Broadband improvements for the Avon Community. Broadband improvements at the municipal level are expensive and present technical expertise that is outside our existing governmental activities. Most of our peer communities have already begun investments in broadband improvements. We feel that now is the appropriate time for Avon to begin investment in local broadband infrastructure improvement; however, we believe the most appropriate strategy for Avon’s needs and resources is for Avon to focus on joining Project THOR and installing fiber optic for the Town Core/Valley floor area BACKGROUND: In 2005, the Colorado General Assembly passed Senate Bill 05-152 (SB 05-152), which prohibited local governments from entering into the broadband market and prohibits most uses of municipal or county money for infrastructure to improve local broadband service without voter permission. In 2017 Avon asked the voters if they wanted to opt out of SB-152, 87% of Town’s resident voted to opt out. Many of our peer communities and front range communities also received voter approval to opt out of this prohibition. The development and implementation of Project THOR by NWCOG accelerated the ability of municipalities to provide faster and more reliable internet services. Project THOR is a middle-mile network establishing carrier-class connectivity between 14 communities (and growing) across Northwest Colorado. We interviewed several peer communities that have joined Project THOR. These communities deployed broadband using three different methods. The three approaches to broadband service include: (1) Municipal Broadband Utility, whereby the municipality installs all broadband infrastructure, including connections to the end consumer, becomes the Internet Service Provider (“ISP”) and conducts all aspects of marketing, customer service and billing. This approach is analogous to a municipal water system. (2) Public-Private Partnership, whereby the Town subscribes to Project THOR and then sells internet bandwidth to private internet service providers. The private ISP then develop, manage, and sells the broadband service to the end consumer. (3) Hybrid Public-Private Partnership, whereby the Town subscribes to Project THOR, sells directly to anchor institutions (such as local governments, schools, medical center) and a private ISP develops, manages and sells the broadband service to the end consumer. Complete Municipal Broadband Utilities are the least used approach because they require the municipal to develop an entire utility system which is the most expensive for capital improvements and requires complete staffing to run all aspects of a utility system, including installation, maintenance and repair, customer service, marketing, billing and collections. Page 2 of 4 Staff is recommending the Public-Private Partnership approach, which may include a Hybrid Public-Private Partnership where the Town provides broadband service directly to anchor institutions depending upon interest by potential anchor institutions. NOTE: The Village (at Avon) Development Agreement and PUD Guide gives the Master Developer the exclusive right to install, own and operate “Dry Utilities” in the public right-of-ways, which includes fiber optic, telephone, and cable. So the Town of Avon will not extend municipal fiber optic in the Village (at Avon) PUD area. GOALS: The aim of Avon joining project THOR would be to increase the availability of internet services bandwidth in Avon and Eagle County. Project THOR network is very robust and reliable. Built with redundant paths to reduce service outages. Project THOR will increase the bandwidth service (transport) while reducing the resell cost to ISP, which will reduce consumer cost for service. The private public relationships can be built to help lower the cost for basic internet services for low-income households in Avon. Having the internet bandwidth and the infrastructure to support the bandwidth will make current business more competitive and attract businesses that benefit from and rely upon better internet service. Insuring that Avon does not behind our peer communities with broadband infrastructure. • Provide affordable, reliable, and high speed internet that is comparable with our peer communities • Increase competition among internet provides to achieve lower costs and better service for all Avon consumers • Improve internet service for Town Facilities • Improved Internet for Public/Guest Wi-Fi at Town Hall and Recreation Center • Achieve availability of gig service at low/competitive cost for customers • Promote low (very low) cost for basic internet for low-income households • Modernize broadband infrastructure to serve and attract businesses that benefit from and rely upon better internet • Avoid falling too far behind our peer communities with broadband infrastructure AVON COMMUNITY NEEDS ASSESSMENT: In 2021 Avon contracted HR Green to do a broadband analysis, the final report is attached. A majority of the data that is presented in the finding was pulled from a broadband survey that was heavily advertised to Avon residences and businesses. Due to a lack of participants in Avon’s broadband survey HR Green used a prior Eagle County Survey to supplement the Town’s survey results. As presented in the report, Avon does have several competitive options for internet service, but there are conflicts in the findings. When reviewing the finding keep in mind that there was the lack of participation and outliers in self reporting data. There are also conflicts in data that were pulled from the websites. BroadbandNow, DecisionData, and AllConnect. Overall, even with the availability of several service providers there is a desire by commercial and private consumer for better priced and more reliable internet service. Most participants of survey rely on internet to work and learn. We did contact several larger businesses to see if they would be interested in becoming anchor institutions. Although most were very interested, none would make commitment. Lack of commitment was due to current contracts, and the ambiguity of when and what service we could provide. One possible Anchor institution that we had a conversation with was Beaver Creek. They seemed to be very interested, they had just recently renewed their service contract. Page 3 of 4 During the project we meet with Aspen, Breckenridge, and Estes Park which all have broadband initiatives. Aspen was deploying using the hybrid model, Breckenridge is using the public-private model, and Estes Park has become an internet service provider. The key finding for these meetings can be found on page 18 of the report. One take away that we found is that all the peer communities have multiple staff positions in place to manage their initiatives. We believe the installation of a fiber optic network to enable improved broadband service is appropriate and beneficial in Avon and deployment should commence in the near term so that Avon does not fall too far behind peer communities. AVON BROADBAND STRATEGY: The following strategy outline is proposed to Council which would result in (1) joining Project THOR, (2) soliciting third party ISPs to lease broadband capacity from Avon to sell to end consumers, (3) designing extension of municipal fiber optic throughout the Town Core original Benchmark Subdivision area on the valley floor, and (4) applying for state and federal grant funds for broadband extension. Public Works is proposing to add a Project Engineer position that would be dedicated 50% to building our GIS system and 50% dedicated to Broadband deployment. This position can be funded from the CIP Fund with the other project engineers. We anticipate that a focused and successful effort will require at least a ½ dedicated staff position and some level of third party engineering and consulting. Staff proposes that the Town commits to Project THOR in the Spring of 2023. There is a 9-12 month lead time of securing the required hardware, therefore Staff recommends a commitment this fall so that the hardware order can be placed this fall. • Apply for grants to assist with cost of broadband infrastructure planning and installation of “Meet- Me Center” (fall 2022) • Conduct Request for Proposal or post Job Description for broadband engineering services (fall 2022) • Conduct Request for Proposal for 3rd Party Internet Providers (late 2022) • Install connection to Meet-Me Center (spring 2023) • Join Project THOR (fall 2023) • Implement phased plan to extend Broadband fiber and infrastructure to serve Valley Floor area with schedule that seeks to optimize available grant monies (time frame to be determined based on cost, availability of grants, and consumer interest) FINANCIAL CONSIDERATIONS: If the Town joins Project THOR the first-year cost is between $205k and $240k. These costs are broken down by hardware, fiber installation, and committed service cost. The initial hardware cost is $35,000, cost to connect fiber from CDOT to the Public Safety Facility is $85k to 120k, and the annual subscription to Project THOR is $85,000 for 10Gig committed service a year. There has been some discussion by NWCOG of offering lower bandwidth committed cost. Initial Capital Improvements Year 1 (CIP fund) $120k to $155k Page 4 of 4 Project THOR subscription (annual – from general fund) $85k ½ Project Engineer Position (annual – CIP fund, fully loaded with benefits and costs) $85k Matching Funds for Planning, Design and Consulting work (CIP Fund) $75k Capital Improvements – Fiber Optic Extension TBD TOTAL Year 1 $375,000 TOTAL ANNUAL (not include capital improvements) $170,000 There has not ever been a time in history with as much Federal and State grant money available for Broadband projects. 2021 Infrastructure Investment and Jobs Act provided $65 billion for broadband. Colorado has ARPA funds for 500 million. RECOMMENDATION: We recommend that Avon join Project THOR in 2023 and proceed with the Broadband Strategy as outlined above. OPTIONS: Council may continue this work session for more information or may choose to do nothing at this time. Thank you, Robert and Eric ATTACHMENT A: Broadband Feasibility Study – June 2021 Broadband Feasibility Study: Phase 1 Report Prepared for: Town of Avon June 2021 Attachment A Executive Summary This report includes a market assessment, peer communities’ broadband efforts report, public survey findings, public outreach briefing, and a smart city initiatives chapter. The information contained in this report is intended to provide a baseline analysis on the current broadband conditions in the Town of Avon, and should be viewed as a solid base upon which the town’s leadership team and Town Council can make informed decisions on next steps. Key Finding #1: High Speed Broadband is Present in Much of Avon Broadband is generally available in the Town core, but survey data shows a contrast between the well-served central portion of the community (disregarding pricing), and the lesser-served outskirts of the town. Survey responses collected during community outreach showed a complex patchwork of service capacity in areas of variable and lower population densities. These findings were confirmed through evaluation of supplemental data provided by Eagle County, which conducted a broader, county-wide survey in early 2021, which was overlayed onto the Town’s survey data. The findings show that the majority of customers served with broadband are subscribers of Comcast within and surrounding the Town boundaries. However, Comcast is not universally available and can be cost-prohibitive for some residents. Key Finding #2: Avon’s Peer Communities are Executing Plans to Create Improved Broadband The peer communities report outlines broadband initiatives of 26 other ski towns similar to Avon in Colorado. Ski towns are a useful cohort of comparable towns because they have some dependence on tourism revenue for economic development and many part-time residents. In addition, five ski towns were selected to be interviewed for a detailed examination of their efforts, trajectories, successes, and lessons-learned (three of five completed to date). The efforts taken on behalf of these towns spans a wide range of possibilities, from actively pursuing a municipally-owned network to depending on the private sector to invest in the community. Avon shares some of the same conditions that have urged towns to become active in broadband efforts, including remote geography and low-population density that deters incumbent carriers from further investing in residential and commercial service. On the other hand, as work-from-home opportunities and the availability of online applications grow, many people are attracted to buying real estate with robust internet connectivity in small towns like Avon. The prospect of economic development as well as establishing a tech base to provide improved municipal services are powerful motivators for exploring broadband infrastructure options. Key Finding #3: There is Support for Community Sponsored Broadband Improvements The public survey and stakeholder interviews of Avon’s residents and businesses demonstrates a significant appetite for better broadband availability. As internet connectivity is becoming more important, residents, visitors, and employees of Avon rely on the internet to work, learn, and participate in events and the community. Many respondents indicated a desire for more availability of broadband options, lower prices, and increased mobility in their connectivity options. In other similar ski towns, public officials have been increasingly engaged with such efforts, particularly in the last few years, as they recognize the value that broadband can bring to enhancing their residents’ quality of life, business’ economic opportunities, and encouraging visiting travelers. Key Finding #4: Avon has an Incentive to Evaluate its Options to Expand Broadband Infrastructure Town Council members and senior leadership face an important choice. While high-speed broadband is available in much of the Town’s core area, residents and businesses report that they are frustrated with high prices, some service issues and a lack of satisfaction with service quality resolution. Many of its peer communities (who in some cases were more deeply underserved) are advancing projects to improve the competitiveness of their towns. The pursuit of improved broadband service requires the commitment of capital resources at a large scale. Creating a publicly-owned and operated broadband provider requires government to compete with private businesses who will compete with the new entity to retain its customers and revenue stream. Crafting a plan that meets the needs of the Town, while mitigating these capital and competition risks will be a key part of the Council’s role in the second phase of the project. Table of Contents Contents Executive Summary ................................................................................................................ 1 Key Finding #1: High Speed Broadband is Present in Much of Avon ....... Error! Bookmark not defined. Key Finding #2: Avon’s Peer Communities are Executing Plans to Create Improved Broadband . Error! Bookmark not defined. Table of Contents ................................................................................................................... 4 Chapter 1: Town of Avon Market Assessment ........................................................................ 7 Introduction ...................................................................................................................................7 Findings .........................................................................................................................................8 Internet Service Providers & Plans ................................................................................................ 12 CenturyLink .................................................................................................................................. 12 Comcast (Xfinity) ...................................................................................................................... 12 Forethought.net / San Isabel Telecom / Brainstorm Internet ..................................................... 13 GTT .............................................................................................................................................. 14 HughesNet ................................................................................................................................... 15 ViaSat (formerly Exede) ................................................................................................................ 15 Visionary Broadband (Mammoth Networks) ............................................................................. 16 Chapter 2: Broadband Initiatives in Colorado Ski Towns ...................................................... 18 Introduction ................................................................................................................................. 19 Colorado’s SB-152 ........................................................................................................................ 20 Project Thor ................................................................................................................................. 20 Ski Towns ..................................................................................................................................... 22 Aspen ....................................................................................................................................... 22 Avon ........................................................................................................................................ 23 Basalt ....................................................................................................................................... 24 Blue River ................................................................................................................................. 24 Breckenridge ............................................................................................................................ 24 Crested Butte ........................................................................................................................... 25 Denver ..................................................................................................................................... 25 Dillon ....................................................................................................................................... 26 Durango ................................................................................................................................... 26 Estes Park ................................................................................................................................. 26 Fraser ....................................................................................................................................... 27 Frisco ....................................................................................................................................... 28 Glenwood Springs .................................................................................................................... 28 Grand Lake ............................................................................................................................... 28 Gunnison.................................................................................................................................. 28 Mt. Crested Butte ..................................................................................................................... 28 Mountain Village ...................................................................................................................... 29 Ouray ....................................................................................................................................... 29 Pagosa Springs ......................................................................................................................... 29 Silverthorne ............................................................................................................................. 30 Silverton .................................................................................................................................. 30 Snowmass Village ..................................................................................................................... 30 Steamboat Springs.................................................................................................................... 30 Salida ....................................................................................................................................... 31 Telluride ................................................................................................................................... 31 Vail .......................................................................................................................................... 31 Winter Park .............................................................................................................................. 31 Chapter 3: Public Community Survey .................................................................................... 33 Introduction ................................................................................................................................. 33 Survey Findings ............................................................................................................................ 34 Apart from Comcast (Xfinity) Offerings, True Broadband is Rare in Town of Avon .......................... 34 Service Interruptions are Manageable in Town of Avon ................................................................. 34 Demographics of Respondents...................................................................................................... 35 There is relatively strong support for Community Involvement ...................................................... 36 Survey Findings ............................................................................................................................ 37 Comparison of Download and Upload Speeds with Eagle County Survey ........................................ 37 Download and Upload Speeds in Avon Survey ........................................................................... 37 Download and Upload Speeds in the Eagle Survey with Results in Avon ..................................... 38 Download and Upload Speeds in the Eagle Survey Surrounding the Town of Avon Boundary ......... 39 Survey References ........................................................................................................................ 40 Chapter 4: Stakeholder Outreach Interviews ....................................................................... 41 Connectivity During and Post-Pandemic ........................................................................................ 41 Anchor Institutions ....................................................................................................................... 41 Schools ........................................................................................................................................ 41 Government Departments ............................................................................................................ 42 Local Businesses ........................................................................................................................... 42 Chapter 5: Smart City Initiatives .......................................................................................... 43 Smart City Advantages .................................................................................................................. 43 Potential Avon Smart City Initiatives ............................................................................................. 45 Transit: ..................................................................................................................................... 45 Public Safety: ............................................................................................................................... 45 Public Works: ........................................................................................................................... 45 Irrigation .................................................................................................................................. 46 Open Spaces Management ....................................................................................................... 46 Recycling Center ....................................................................................................................... 46 Event Operations ...................................................................................................................... 46 Smart Applications ....................................................................................................................... 47 Resiliency ................................................................................................................................. 48 Recommendations: ...................................................................................................................... 48 Implement Tech Core/Base to Support Future Applications ........................................................... 49 Prioritize Objectives via a Smart City Strategic Plan ....................................................................... 49 Appendix A: Broadband Assessment and Feasibility Study Community Engagement Plan ..... 50 Appendix B: Survey Questions ............................................................................................. 60 Appendix C: Submitted Survey Comments ........................................................................... 70 7 Chapter 1: Town of Avon Market Assessment Introduction The broadband coverage available has changed from something nice to have to becoming incredibly important. Education, working from home, economic development, keeping youth in the area, telemedicine, etc. all need good connectivity. Competitive analysis of the availability of coverage is challenging due to the fluidity of market pricing, products offered, and differences in the various sectors. One of the beginning points of understanding broadband in a community is to research the industry reported data. We begin the task of understanding coverage with a Market Assessment. This is an analysis of industry data that shows what providers report their coverage to be. As part of licensing, broadband providers are required to provide certain data for the customers they serve. That data is available from the FCC and other secondary sources that provide additional insight. This is helpful information, but it is known to be flawed. The shortcomings of this data are: There is a reporting and displaying cycle that can, in some instances, make the data one to two years old before it is available. There are not significant repercussions for inaccurate reporting and inaccurate entering of the data. There can be secondary incentives for some providers to overstate their coverage (grants may not be available to potential competitors if coverage appears to be adequate) Data is recorded at the census block level – in a given census block, the highest coverage is generalized to the entire census block. This data is known to be flawed for several reasons, but it is important for two reasons: Provide a baseline of data to work from This data is used for many federal and state grants. If it is incorrect, it is important to correct it. Because of these problems in the data, a high-level market assessment cannot be fully relied upon, but it does provide a beginning point to understand coverage and it can also point out areas that need to be compared to the actual data that comes from the surveys. It is why the Market Assessment data is supplemented with a Survey to the community and community stakeholder interviews. To begin this analysis, service offerings of each primary provider in the Town of Avon will be examined, cataloged, and detailed. A second step to verify this data can be focused feedback. We discuss options for that in the next Task. These can shed light on the actual practice of providers and, more importantly, on pricing and satisfaction, as well as determining what needs are in demand and are either not supplied by the marketplace or underserve the market. One word of caution: If you do a market analysis without some sort of real feedback, there could be significant errors in the data. This information is gathered from self-reporting by providers. There have been important studies that have shown this data to be lacking. It is helpful as an overview, but we recommend some level of checking the data. The residents and businesses in the Town of Avon can obtain internet access services from a variety of ISPs (internet service providers) via DSL (over copper), cable, fiber, fixed wireless, and satellite. 8 This section describes consumer internet offerings available to residents and businesses from established ISPs. Its goal is to draw a representative picture of the internet market in the Town of Avon and include one or more providers that serve their customers via copper (DSL), cable, fiber, fixed- wireless, and satellite. The following statistics describe internet availability by transport medium (DSL, cable, etc.) in Avon with some of the data drawn from the following two dedicated websites. BroadbandNow (https://broadbandnow.com/) DecisionData (https://decisiondata.org/) AllConnect (https://www.allconnect.com/) Findings Since data is provided by zip code, all of the following findings are provided for the area of zip code 81620, as seen in Figure 1. Figure 1: Zip Code Coverage area for the Town of Avon for which Public Broadband Data is Available BroadbandNow states: The average download speed in Avon is 204.27 Mbps. This is 97.9% faster than the average in Colorado and 56.0% faster than the national average. There are 14 internet providers in Avon with 10 of those offering residential service Avon is the 25th most connected city in Colorado ahead of Eagle, Silverthorne, Edwards, Vail, and Gypsum. 9 Colorado is the 27th most connected state in the U.S. 74% of residents in Eagle County have access to fixed wireless internet service. There are 11 companies offering business internet services in Avon. 90.2% of Coloradans have access to 100mbps or faster broadband. Approximately 4,000 people in Eagle County don't have access to any wired internet. There are 259 internet providers in all of Colorado. DecisionData states: There are 2 home internet options and 3 business internet options in Avon, CO. 100.0% of homes can get fixed-line service. Competition in 81620 is less competitive than the average US zip code. There are 2 home internet providers in the entire zip code, which is below average. The majority of 81620 residents have two options for wired internet service at their homes: CenturyLink and Xfinity. - 0.0% of homes can get Fiber. 81620 has 0 Fiber provider. - 100.0% of homes can get DSL. 81620 has 1 DSL providers. - 99.9% of homes can get Cable. 81620 has 1 Cable providers. - 100.0% of homes can get Wired internet. 81620 has 2 Wired providers. Residential Service Providers (BroadbandNow) Provider Technology Type Coverage Area Speeds (up to) Pricing Xfinity Cable 91.4% 1 gbps $19.99 CenturyLink DSL 84.1% 940 mbps $49 CenturyLink Fiber 33.6% 940 mbps $49 Visionary Broadband DSL 2.5% 7 mbps UA Visionary Broadband Fixed Wireless 67.4% 100 mbps $54.95 San Isabel Telecom DSL 67.5% 50 mbps UA Brainstorm Internet DSL 1% 25 mbps $29 Forethought.net DSL 1% 25 mbps UA HughesNet Satellite 100% 25 $39.99 ViaSat (Exede) Satellite 100% 100 $49.99 Business Service Providers (BroadbandNow) 10 Provider Technology Type Coverage Area Speeds (up to) Pricing Comcast Business Cable 100% 987 mbps $69.95 CenturyLink Business DSL 92.3% 80 mbps $49 CenturyLink Business Fiber 53.7% 940 mbps $49 Visionary Broadband Fixed Wireless 53.7% 100 mbps $69.95 San Isabel Telecom (Enterprise) DSL 49.5% 10 mbps UA Verizon Business DSL 9.1% 3 mbps UA GTT DSL 3.3% UA UA Brainstorm Internet DSL .2% 12 mbps UA Forethought.net DSL .2% 12 mbps UA Mammoth Networks Fiber .1% 1 mbps UA BroadbandNow also shows the same set of providers on both the Residential and Business competition map, both show Avon as being covered by at least 3 providers: Figure 2: Residential and Business Offerings are the Same in the Competition Map in Avon 11 It is also useful to look at the State of Colorado Broadband Map, which is a source from which the previous maps are generated. Figure 3: Colorado Broadband Map for Avon 12 Internet Service Providers & Plans The data listed for each internet provider below is as of 04/2021. CenturyLink With its headquarters based out of Monroe, Louisiana, CenturyLink provides Internet and phone services to customers in 36 different states. CenturyLink is the 3rd largest telecommunications business in the United States, providing telecommunication services to the Government, businesses, and residents throughout the country. CenturyLink was founded in 1930. The table below shows the cost of CenturyLink’s plans, according to AllConnect.com: Download Speed – Up To (Mbps) Cost/Month 40 $49 100 $49 940 $65 From DecisionData.org: “71.5% of residents in this zip code can get CenturyLink DSL. The fastest internet service the ISP offers here is 100 Mbps, which is way below average speed for 81620 business internet providers. 68.8% of local customers in 81620 can get the fastest download speed with DSL offered by CenturyLink.” AllConnect also collects data on the percentage of customers who get advertised data. The following table shows the percentage of customers who reported having the speed on the left column: SPEED RANGE DOWNLOAD SPEED UPLOAD SPEED .1 to 5 Mbps 8.0% 31.2% 6 to 10 Mbps 13.1% 26.5% 11 to 20 Mbps 7.5% 0.0% 31 to 75 Mbps 2.7% 42.2% 76 to 100 Mbps 68.8% 0.0% Comcast (Xfinity) Comcast is the biggest cable television company and the second biggest internet provider in the United States. It is the largest cable internet company in Avon, and provides the fastest data rates in the areas it serves compared to its competition. The company offers the following internet service plans. Multiple prices were available for the same plans, which likely depends on the specific region in which the service is offered: Plan Download Speed – Up To (Mbps) Cost/Month Performance Pro+ 200 $49.99/$59.99 Performance Starter+ 25 $19.99 13 Performance Select 100 $34.99/$55 Blast! Pro+ 400 $64.99/$74.99 Extreme Pro+ 600 $60/$84.99 Gigabit 1000 $70/$94.99 According to AllConnect, in Avon, “99.9% of residents can get Xfinity Cable. The fastest internet service the ISP offers here is 987 Mbps, which is way above average speed for 81620 business internet providers.” Forethought.net / San Isabel Telecom / Brainstorm Internet Established a in 1995, Forethought.net provides internet services throughout Colorado and Northern New Mexico in the following locations: Denver: Littleton, Englewood Grand Junction / Mesa County: Fruita, Palisade, Collbran, DeBeque, Mesa Telluride / San Miguel County: Telluride Ski Ranches Association, Norwood, Placerville Durango / La Plata County: Mancos, Ignacio, Hesperus, Animas Valley, Cascade Village Silverton/San Juan County: Silverton – Anvil Mountain Apartments, Cascade Village Ouray County: Ouray Eagle County: Gypsum – Buckhorn, Gypsum – Chatfield, Gypsum – Airport Business Park, Dotsero, Eagle, Eagle – Castle Peak Ranch, Avon, Vail, Red Cliff, Lake County Leadville: Leadville – Railyard Lake County Teller County: Woodland Park, Cripple Creek New Mexico: Farmington, Aztec, Bloomfield Forethought.net’s stated mission is to “bring state-of-the-art communications to the rural mountain communities of Colorado.” They have offices in Denver Grand Junction, Durango, and Eagle. They provide service through fiber, copper (DSL), fixed wireless, or LTE depending on location. In 2019, Forethought announced they were chosen to provide fiber service to the Eagle Valley Library District to provide fiber-optic Internet service to the Libraries in Eagle and Gypsum. They announced they were providing a “50 times speed increase to the libraries for less than half the price they are paying today for service from the incumbent.” In 2019, BroadbandNow recognized FORETHOUGHT.net as the “#1 Fastest Internet Provider in Colorado.” According to AllConnect.com, their plans are priced as follows: Download Speed – Up To (Mbps) Cost/Month 14 30 $40 100 $50 1000 (1 Gbps) $70 A. Merger with San Isabel Telecom As of April 2017, San Isabel Telecom, Inc. became a Forethought.net subsidiary. In 2004, San Isabel Telecom deployed one of the first FTTH systems in the county in Gypsum. It then built fiber networks to most areas in the Chatfield, Buckhorn, and Two Rivers areas in Gypsum. B. Merger with Brainstorm Internet “Brainstorm Internet is a FORETHOUGHT.net company. It is a Colorado Internet provider serving the Four Corners, the Western Slope and the Front Range. Based out of Durango, Colorado, Brainstorm offers business and residential services ranging from DSL, wireless, and fiber broadband to cloud hosted PBX, web hosting and colocation. Founded in 1999, Brainstorm Internet currently serves over 11,000 customers, from Grand Junction, CO to Denver, CO to Farmington, NM. Although public sources list Brainstorm internet as a service offering, their website states: “Brainstorm DSL is available in Downtown Durango, Hillcrest, Skyridge, Durango West II, and Rockwood. We also offer Brainstorm DSL in downtown Grand Junction.” Similarly, business service “is available out of the Durango, Bayfield, Cortez, and Grand Junction wire centers in Colorado and the Farmington wire center in New Mexico. For service outside of these areas in the states of Colorado and New Mexico please contact us for a custom quote.” So it appears that the data on BroadbandNow about Brainstorm’s residential service offerings is not accurate. It is likely that for any of those offerings, they would offer servce directly through Forethought.net. GTT GTT is a small telecommunications provider, only serving 1.61% of the United States. It is a DSL provider that uses existing legacy copper telephone lines. According to their website they offer download and upload speeds ranging from 1.5 mbps to 8 mbps. According to BroadbandNow, they offer some limited amount of businesses service in Avon. The following Availability Map shows there is some limited service in the area. 15 Figure 4: GTT Limited Business Service Around Avon Neither public sources nor the GTT website offer any specific data on service offerings in the Town of Avon. HughesNet Hughes Network Systems, LLC (formerly Hughes Communications) was founded in 1971. It is a wholly owned subsidiary of EchoStar (DirecTV). Hughes Network Systems is headquartered in Germantown, Maryland and provides a high-speed satellite internet service, HughesNet. The table below shows the cost of HughesNet’s plans as of 6/6/2019. Their plans have data caps in place. HughesNet is currently running a promotion, where if a user signs a two-year contract, each of the following costs are discounted by twenty ($20) dollars for the first six (6) months. Plan Download Speed – Up To (Mbps) Upload Speed – Up To (Mbps) Cost/Month Internet 25 (10GB cap) 3 $59.99 Internet 25 (20GB cap) 3 $69.99 Internet 25 (30GB cap) 3 $99.99 Internet 25 (50GB cap) 3 $149.99 ViaSat (formerly Exede) ViaSat Inc. (formerly Exede) was founded in May 1986. It is based in Carlsbad, California, with additional operations across the United States and worldwide. ViaSat is a provider of high-speed satellite broadband services and secure networking systems covering military and commercial markets. The table below shows the cost of ViaSat’s plans. Their plans have data caps in place. 16 Plan Download Speed – Up To (Mbps) Cost/Month Bronze 12 $49.99 Silver 25 $69.99 Gold 50 $99.99 Visionary Broadband (Mammoth Networks) Visionary was originally an ISP in Wyoming, having started business in December of 1994. Founded in a basement, Visionary has grown to become an ISP in a three-state region, providing more than 20,000 customers with Internet access via dialup, wireless, DSL, T1 and fiber. It delivers services in Colorado, Montana, and Wyoming. The table below shows the cost of Visionary Broadband’s residential plans. Plan Download Speed – Up To (Mbps) Upload Speed – Up To (Mbps) Cost/Month Internet 50 5 $59.99 Internet 100 5 $79.95 The table below shows the cost of Visionary Broadband’s business plans. Plan Download Speed – Up To (Mbps) Upload Speed – Up To (Mbps) Cost/Month Internet 10 5 $69.95 Internet 50 5 $99.95 Internet 100 5 $199.95 17 References 1. https://broadbandnow.com 2. https://decisiondata.net 3. https://Allconnect.com 4. https://www.centurylink.com/home/internet/ 5. https://www.centurylink.com/small-business/ 6. https://Forethought.net 7. https://www.vcn.com/los/ 8. https://www.gobrainstorm.net/products/residential/dsl.html 9. https://www.gobrainstorm.net/products/business/bus-t1.html 10. https://en.wikipedia.org/wiki/Viasat,_Inc. 11. https://www.viasat.com/ 12. https://www.hughesnet.com/ 13. https://en.wikipedia.org/wiki/Hughes_Network_Systems 14. https://broadbandnow.com/GTT-Communications 18 Chapter 2: Broadband Initiatives in Colorado Ski Towns NOTABLE LESSONS-LEARNED FROM SKI TOWN INTERVIEWS This chapter provides information from research as well as interviews with select ski towns to better understand how they have managed to initiate and deploy municipal fiber and broadband projects. Interviewees included: Aspen, Breckenridge, Estes Park, Glenwood Springs, and Steamboat Springs (note: Glenwood Springs and Steamboat Springs interviews are still in progress). The interviews represented a variety of broadband models adopted by ski towns, including an anchor institution municipal network (Aspen), a public-private partnership (Breckenridge), and a direct service to customers (Estes Park). These models represent some of the most common broadband alternatives that communities use to chart a path to better connectivity in similar towns. The differences may vary in the type of network ownership, operating structure, partnerships with external organizations, extent of network buildout, the pace for network deployment, targeting of potential customers, and choice of technologies. Based on the interviews, the following points are notable as lessons-learned and potential setbacks for ski towns engaging in broadband infrastructure deployment: 1. Having an existing municipal utility can benefit expanding operations into internet service. 2. Creating a comprehensive plan in advance makes a big impact on the success of the project. 3. Having a comprehensive GIS system with well-known and surveyed assets can be an effective tool to plan and design fiber networks and diminish obstacles to deployment. 4. Actively leveraging a Dig Once policy (as well as similar Shadow Conduit or One-Touch- Make-Ready policies) can make a big difference in the availability of conduit for fiber and reducing the costs of installation. Installing extra conduit where possible is also helpful in the long-term. 5. There is a balance between building a network which attracts customers and knowing the potential customers in advance. Network design is likely to depend on the size, level of demand, and priorities of subscribers, and it is easier to plan for those considerations prior to deployment. 6. Having internet service being provided by a local organization can make a significant difference in the quality of customer service and responsiveness. 7. Due to limited capital and resources, an incremental approach to deployment can be quite effective, with the network growing along with the availability and demand for the service. 19 Introduction The Colorado mountains provide many opportunities for skiing and other recreational activities, but the same geography that enables world-class mountain sports also creates significant challenges in broadband infrastructure deployment. As part of the Town’s study, HR Green evaluated broadband and wireless projects and initiatives of 27 Colorado municipalities composing the Colorado Association of Ski Towns. These members include: 1. Aspen 2. Avon 3. Basalt 4. Blue River 5. Breckenridge 6. Crested Butte 7. Denver 8. Dillon 9. Durango 10. Estes Park 11. Fraser 12. Frisco 13. Glenwood Springs 14. Grand Lake 15. Gunnison 16. Mt. Crested Butte 17. Mountain Village 18. Ouray 19. Pagosa Springs 20. Silverthorne 21. Silverton 22. Snowmass Village 23. Steamboat Springs 24. Salida 25. Telluride 26. Vail 27. Winter Park Potentially related to the region’s relative affluence, tourism, population, and remoteness, the residents of these towns may have a multiple choice of commercial providers or a complete lack of service other than satellite. If undertaken, public initiatives to support broadband service vary from conducting feasibility analyses of options to expand the quality and extent of regional networks to actively engaging on projects with existing providers or public utilities. The range of initiatives within these towns demonstrate the wide variety of potential options available to poorly served areas of the state and the country. While there are many unserved or underserved mountain communities in Colorado, these towns are distinct in their tourism-based economies. The local economy of many of these towns is considerably driven by revenue from visitors from all over the country visiting Colorado resorts in the winter for snow sports and in the summer for hiking, biking, and running. As such, these towns may be relatively affluent, but their remoteness can be a challenge for network infrastructure. As more jobs can increasingly be done remotely, quality internet service is becoming more important to maintain and grow these towns’ prosperity. Many of these communities, as well as the state of Colorado, have engaged in efforts to improve internet infrastructure for decades. One of the first, biggest initiatives was called EagleNet – an effort to leverage $100 million of federal grant money to build high bandwidth backbones to extend broadband to 168 school districts in Colorado. Unfortunately, that project was criticized as being marginally successful, as many of the deployments were in more densely populated, relatively well-served parts of the state.1 Nevertheless, the effort helped establish important backhaul infrastructure as well as state programs to facilitate broadband expansion. The state of Colorado now maintains at least two broadband grant programs that have had a positive impact on facilitating the expansion of internet service networks in these ski towns. Colorado has a law known as SB-152 that plays an important role in the capacity of any incorporated municipal entity in the state to engage in broadband initiatives. It then describes a program that has, arguably, been one of the most impactful on internet service in Colorado ski towns in recent years, 1 Why Did Eagle-Net Fail?. (2018, August 11). FORETHOUGHT.Net. https://forethought.net/why-did-eagle-net-fail-all-parts-in-one-file/ 20 Project Thor. Lastly, the paper lists and outlines initiatives taken by each of the ski towns to improve broadband infrastructure within their boundaries. Colorado’s SB-152 SB-152 is a 2005 state law prohibiting towns from engaging in broadband provision unless its residents vote to opt out. Most of the ski towns have passed a repeal of SB-152 and are free to pursue local connectivity initiatives. In addition, some of the ski towns are located in counties which have also exempted themselves from SB-152 as well, which opens up a wider range of potential project opportunities for mountainous region. These include Summit County, home Breckenridge and Keystone, Pitkin County, home of Aspen, and Chafee County, which includes Salida. Voter approval of a county SB- 125 ballot does not affect authorization within the municipalities within that county because the law requires that each jurisdiction requires voter approval. Avon passed with 83% of the vote in 2017.2 Avon is in Eagle county, which also opted out, along with Vail, Beaver Creek, and the town of Eagle.3 For the status of all the ski towns’ repeal of the law, please see Table 1 at the end of this chapter. Project Thor Project Thor is an initiative to build a backbone and middle mile network to connect mountainous towns in northwestern Colorado. Figure 1 shows the map of the completed project Thor network.1 The network was completed in April 2020, after two years, for $2.6m. Colorado’s Department of Local Affairs (DOLA) broadband grant provided $1.3 million in matching grants, while participating communities supplied the rest. The network spans 481 miles connecting 14 rural communities, with more looking to participate. The network is owned by Northwest Colorado Council of Governments (NWCCOG), and Mammoth Networks is the network’s operator. Figure 2 shows the latest information on the network’s future expansion plans.4 2 The Colorado Sun. “More Colorado Cities and Counties Say Yes to Broadband by Voting to Get out of an Old State Law.” Accessed September 14, 2020. https://coloradosun.com/2018/09/13/municipal-broadband-cities-colorado/. 3 Gonzalez |, Lisa. “Colorado Map: Communities Opt Out of Restrictive State Law and Reclaim Local Authority.” Institute for Local Self-Reliance, January 9, 2019. https://ilsr.org/colorado-map-local-authority-expanding-across-the-state/. 4 Writer, C. W., Aspen Daily News Staff. (2018, May 10). City of Aspen looks to open up its broadband network. Aspen Daily News. https://www.aspendailynews.com/news/city-of-aspen-looks-to-open-up-its-broadband-network/article_238d495e-5405-11e8- a48b-db65b967de69.html Figure 5: Map of the Project Thor Network 21 Project Thor started as many rural broadband intiatives, as a response to private providers’ unwillingness to invest in Colorado’s mountainous towns. The project drew on a number of existing initiatives including efforts by the Northwest Colorado Broadband (NCB) nonprofit cooperative and existing networks such as the FTTH network in Rio Grande County and a regional network in Routt County. The project focuses primarily on building a network to provide service and redundancy to anchor instutitions such as health, educational, and governmental facilities. The middle-mile network terminates in each participating town’s Meet Me Centers, backhaul hubs from which it is up to each municipality to extend service and connect its facilities.5 The network is also open for internet service providers (ISPs) to connect individual residents and commercial businesses. Visionary Broadband, a subsidiary of Mammoth Networks, Luminate Broadband, part of the Yampa Valley Electric Association, and Allo Communications are examples of providers that have become private partners in Project Thor.6 Figure 3 demonstrates the latest information on the existing capacity present in the network. It includes a 100 Gigabyte fiber loop on 178 miles of backbone with Colorado Department of Transportation (CDOT) fiber and fiber from other carriers.7 The Figure shows connection points between 10 towns and their partners. 5 Community Broadband Networks. “Transcript: Community Broadband Bits Episode 406.” Accessed August 24, 2020. https://muninetworks.org/content/transcript-community-broadband-bits-episode-406. 6 Chuang, T. (2020, April 16). Internet service in western Colorado was so terrible that towns and counties built their own telecom. The Colorado Sun. https://coloradosun.com/2020/04/16/internet-service-western-colorado-rural-broadband-nwccog-sb152/ 7 Northwest Colorado Council of Governments. http://nwccog.org/edd/nwccog-region/community-infrastructure/broadband/ Figure 6: Current and Future Plans for the Project Thor Network (better resolution not available) 22 Ski Towns Aspen Status SB-152: Exempt Broadband Actions: In 2015, Aspen completed a Broadband Needs Assessment to explore options to expand fiber access in Aspen.8 The study was influenced a widespread outage that lasted 19 hours, and a community survey that showed many of the residents lacked broadband.9 They explored several options including a FTTH fiber deployment and a hybrid wireless/fiber solution. They chose to pursue a matching grant from DOLA for the second half a feasibility study to connect middle-mile network from Glenwood Springs to Aspen.10 In March 2020, Pitkin and Garfield Counties joined together to create the Garfield Pitkin Broadband Authority Board which will be responsible for creating and operating a fixed-wireless broadband service. Interview with Aspen: Dr. Paul Schultz with the City of Aspen Aspen runs a municipal network to serve municipal facilities and anchor institutions. In 2019, they began serving customers, which are currently 23 city facilities and 13 outside customers, including the hospital, school district, Parks and Rec Department, and three local ISPs. They recently received a state 8 Broadband Needs Assessment. http://pitkincounty.com/DocumentCenter/View/5241 9 Szewczyk, C. (July 21, 2015). PitCo pushing ahead with broadband study. Aspen Daily News. https://www.aspendailynews.com/pitco-pushing- ahead-with-broadband-study/article_e4021ae9-1a49-53e4-a613-e7ef4c0e4878.html 10 More Feasibility Studies in Colorado and Ohio. (August 3, 2015). Community Broadband Networks. https://communitynets.org/content/more-feasibility-studies-colorado-and-ohio Figure 7: Technical Network Design of Project Thor 23 broadband grant to further expand the network into the Roaring Fork Valley. One of the biggest benefits for the city has been achieving a level of resiliency and redundancy to ensure continuous provision of service. Another benefit is moving applications to the cloud and having the bandwidth to access services in real-time. Prior to launching their fiber deployment initiative, Aspen experienced a significant number of service outages, some of them being large-scale and incapacitating. Resiliency was a big problem and redundancy was essentially nonexistent. It was the biggest motivator for action. In 2015, Aspen completed a broadband assessment of how to leverage and expand their 20-year-old fiber infrastructure for city and county facilities’ use. They received a DOLA grant to connect a middle- mile network from Aspen to Glenwood Springs. They began to work with the Northwest Colorado Council of Governments (NWCCOG) and bought into Project Thor. It has been helpful for them to partner with other cities in Colorado through the organization because it allows them to share experiences and practices. The city believes that their incremental building approach has been important to their success. In connecting institutions slowly and opportunistically, they can find opportunities to connect some which are easiest and cheapest to reach, then work to expand the network from there. Prior to deployment, only two anchor institutions made commitments, which were the City and County. It was a risk, but for them, the build-it-and-they-will-come strategy worked – they have unmet demand from potential new customers. They do not seek to make the network profitable, only to maintain sustainability in order to cover costs. The city had sufficient staff capacity – with 7 full-time IT personnel – to maintain operations of the network without adding new employees. The department partners with internal finance and legal teams, and they send out the bills in a low-tech process. Aspen is not sure if they will ever move from business class service to consumer class. It would require changing equipment and infrastructure like GPON, rather than dedicated fiber. The current ISP customers they serve have successfully extended service to remote customers with fixed wireless service. Without the network, they say those customers would not have gotten service for a long time. The incumbents, Comcast and CenturyLink, also lowered prices and improved service for customers in response to the entrance of Aspen in the ISP market. They have also received interest from carriers to put small cells in the town and hope that they can potentially lease excess capacity in their fiber network to wireless carriers for the installation of those sites. Aspen recommends some lessons-learned that may be helpful to other cities engaging in similar initiatives. The city council and the town’s residents were very supportive of the effort, which Aspen partially credits their success. Opt-out ballot initiative of SB-152 was widely supported, and the City Council approved the effort unanimously. Their Dig Once/Shadow Conduit ordinance has been helpful to get fiber in the ground since all of their infrastructure is buried. They recommend beginning to talk with anchor institutions and businesses in town early to gauge interest in potentially becoming a supportive customer for any network deployment and build competitive intelligence. In addition, they recommend to learn the equipment. Aspen uses Ciena gear and has needed to become well informed on its configuration and deployment. Avon Status SB-152: Exempt Broadband Actions: 24 Feasibility study in progress Basalt Status SB-152: Exempt Broadband Actions: Basalt is current installing some conduit resources in a joint build with Holy Cross Energy in hopes of positioning itself for future broadband expansion. Blue River Status SB-152: Exempt Broadband Actions: No Information available. Breckenridge Status SB-152: Exempt Broadband Actions: Breckenridge was already covered with multiple commercial service providers when it approved an $8 million budget to build city fiber, a 17-mile ring as a first stage, to homes and businesses in 2018. Breckenridge partnered with ALLO Communications to install and operate internet service to the community. Its rates are 20 Mbps for $45 a month, 300 Mbps for $60 a month, and 1 Gbps for $89 a month.11 HR Green helped the Town of Breckenridge by proposing a dashboard system with layered technical information for public and internal consumption of reference data. In October 2019, Breckenridge approved the first phase of a fiber design and construction project for $8 million. Earlier in the year, the council adopted a resolution supporting a cost of up to $25 million for the broadband project.12 Interview with Breckenridge: Mark Johnston with the Town of Breckenridge The Breckenridge fiber network is a municipally owned and privately managed system. The project began in 2016, when the Breckenridge council began to think seriously about the limited broadband service offerings within the town. In 2017, they awarded a bid to design a network to Foresite, a partnership that did not meet its objectives and was terminated in Spring 2018. In the following months, Breckenridge opened bids for an operator, but there was little interest to create an open network due to the limited size and market of the rural mountain town. In 2019, Allo networks entered in a partnership with Breckenridge as a network operator. Breckenridge owns the FTTP (Fiber to the Premises) network, and Allo owns all internal wiring as it is responsible for building out the customer premise equipment and operating the network. The revenue sharing agreement is 80% Allo and 20% the town. Allo has been a helpful partner to Breckenridge, in part helping them with technical advice and ordering materials. 11 Community Broadband Networks. “First Breckenridge Residents Connect to Community’s Fiber9600 Network.” https://muninetworks.org/content/first-breckenridge-residents-connect-communitys-fiber9600-network. 12 Pace, E. (April 22, 2019). Breckenridge aims to start building its own high-speed internet network soon. https://www.summitdaily.com/news/breckenridge-aims-to-start-building-its-own-high-speed-internet-network-soon/ 25 The network is steadily growing. In 2019 and 2020, the network connected several parking structures, and in May 2020, they installed an additional seven miles of fiber. In 2021, they were awarded a DOLA grant to extend the network to a water plant, a community plant, and elementary school properties. Capital for funding the buildout of the Breckenridge network largely profits from the town’s 1% sales tax on property. As deployment of the network continues, the network’s managers can begin to reflect on the success of their plans for the network. After three years, they still only have a couple of hundred customers. They found that take rates are not as high in some neighborhoods as initially projected, partially because, as many buildings are wired with coax, retrofitting buildings with fiber is labor and time-consuming. They believe actively leveraging their Dig-Once policy made a big difference in the availability of conduit for fiber and reducing costs of installation. They advise to install extra conduit where possible. The town additionally installed a WiFi network on top of 12 dumpster buildings in town, creating a robust free public WiFi network to benefit its residents and visitors. Crested Butte Status SB-152: Exempt Broadband Actions: The state of Colorado is divided into 14 regional planning and economic development areas. Region 10 facilitated the enhancement of broadband in the Crested Butte area. In 2015, Region 10 began working with DOLA to develop a local broadband plan that garnered the participation of many regional partners, including Delta/Montrose Electric Association (DMEA), Tri-State Generation, Western State Colorado University, Gunnison County Electric Association, and the Economic Development Administration (EDA).13 The group initiated the creation of a 10 Gbps backbone from Montrose to Gunnison at Western Colorado University (WCU). The network has the potential to expand to Crested Butte and Mt. Crested Butte if they decide to join the effort. Since 2017, CenturyLink also engaged in a project to deploy 58 miles of fiber in Crested Butte and across the Cottonwood Pass to Buena Vista region during repaving activities.14 In addition, in 2017, a wireless microwave link was installed on the Gunnison MetRec tower locations on the Monarch and W mountain to connect the Gunnison Valley Hospital and Central Colorado Telecom from the San Luis Valley. It provides redundancy for internal operations.15 Denver Status SB-152: Exempt Broadband Actions: Smaller portions of the Denver metropolitan area have done fiber feasibility studies, such as Centennial, Golden, and others. Some have advanced projects beyond feasibility and into planning an operations. As a metropolitan area, Denver is generally well-served and does not engage in municipal fiber projects. 13 NEO Fiber, Inc. Region 10 Broadband Blueprint. (July 2015). https://region10.net/wp-content/uploads/2019/10/NEO-Fiber-Broadband- Blueprint-for-Region-10-For-Public-Use-9-1-2015.pdf 14 Nettles, K. (2020, March 11). CenturyLink finishing fiber optic project in county this fall. The Crested Butte News. http://crestedbuttenews.com/2020/03/centurylink-finishing-fiber-optic-project-in-county-this-fall/ 15 Development © 2018, G. C. B. E. (n.d.). Internet & Telecommunications | Gunnison Crested Butte Economic Development. https://gcbeconomicdevelopment.com/work/infrastructure/internet-services/ 26 Dillon Status SB-152: Exempt Broadband Actions: There is no information specific to Dillon, but Summit county participates in Project Thor, and there are broadband initiatives in the vicinity of the City. Durango Status SB-152: Exempt Broadband Actions: The city of Durango had established its own ISP in the early 2000s, which has subsequently been purchased and expanded by Ting Internet. For more than 20 years, Durango has leased their dark fiber assets for the fifteen miles of fiber originally installed in 1994. Grants from DOLA have been estimated to contribute $1.7m to the network. It also utilized the fiber to install public community WiFi in its downtown areas.16 Estes Park Status SB-152: Exempt Broadband Actions: Estes Park conducted a feasibility study estimating a $30 million cost for a 300 square mile network potentially covered with a utility revenue board. In 2019, It officially launched Trailblazer Broadband, a $26 million project estimated to be adopted by 30-40 percent of the population.17 Interview with Estes Park: Reuben Bergsten and Travis Machalek with Estes Park. In Estes Park, a university professor who was interested in providing remote classes, but could not due to inadequate internet service, found out that the town had built a fiber ring in the 1990s. A marketing study was completed to understand the potential value of the Estes Park brand, particularly the Power and Communications Utility for providing an internet service. Since the town had a good GIS system which kept track of the assets, it was simpler to create a design. Over the course of 2016-2018, they looked at construction, labor, and materials costs. The project also coincided with an electric grid modernization project for Distributed Energy Resources (DER). They built a schedule and budget for the timeline of a year for 26 million dollars. The town financed the capital investment through bonds attained in November 2019. The project involved a comprehensive effort on behalf of several city departments, including finance, administration, and the Plat River Fiber Authority which was contracted to do the splicing work. Currently the status of network completion includes the installation of 55 cabinets (each serving about 200 premises), two of four huts, and a central office. Nokia was selected as the manufacturing vendor 16 In Colorado, City of Durango Does Dark Fiber. (n.d.). Community Broadband Networks. https://muninetworks.org/content/colorado-city- durango-does-dark-fiber 17 Community Broadband Networks. “Estes Park Trailblazes New Muni Fiber Broadband Service in Colorado.” Accessed August 24, 2020. https://muninetworks.org/content/estes-park-trailblazes-new-muni-fiber-broadband-service-colorado. 27 for equipment. It is a good partnership because many of their neighbors are using them as well. Nokia provides a beacon which is both a switch and a local area network access point for about $130 per premise. The take rate for the service is as high as half of premises passed in some areas. In general, the town is achieving its aggregate goal to achieve a 30% targeted take rate after a year of service availability. Generally, take rates have tracked with projections except for a few neighborhoods with many second homes and visitors. In the first few years, they expect the take rates to be suppressed because as they entered as a new competitor in the market, incumbents lowered their rates. They have found that larger commercial and industrial customers, which include the hospital, town buildings, and the YMCA, have different priorities than many of the residential customers – they care more about redundancy and higher data rates, which ends up influencing the network design. Some of their lessons-learned included spending a lot of time discussing property rights, including using power poles for communications. They found that subscribers appreciate using a local service because they can get reliable customer service, as opposed to having to contact indifferent corporate customer service in a big company. They believe that doing a lot of planning in advance has a big impact on the success of the project. In addition, it is important to have substantial and solid community support. Fraser Status SB-152: Exempt Broadband Actions: Fraser and Winter Park completed a feasibility study in March 2017.18 The study examined three options: option 1 is a FTTP network with a private provider that would cost approximately $95 million; option 2 is a middle-mile network with cost estimates ranging from $482k to $704k; and option 3 is simply to encourage more private-sector investment. There were several discouraging reasons not to pursue the FTTP option including: MPE has 11 consumers per mile of electric service compared to a metropolitan area like Denver that has 80-90 consumers; in forming the electric co-op, subscription for service was ubiquitous across all households rather than a much lower broadband take-rate estimated at 45%; and they were unwilling to subsidize the service. The Mountain Parks Electric (MPE) Board chose to pursue the middle-mile option that could be constructed in 1-2 years as well as serve internal operational uses for the electric utility without greatly impacting customer rates. MPE views it as a continuation of many similar efforts by electric co-ops around the country.19 In addition, the network could be potentially linked to project Thor to incrementally expand service in the future. In 2020, a communications nonprofit, WRC approached the county to use federal and state funds to build middle mile fiber infrastructure, in partnership with Project Thor and MPE. The company mentioned they are shovel ready to build the first 50 miles of fiber between Winter Park and Hot Sulfur Springs.20 18 Town of Fraser Town of Winter park Broadband Feasibility Final Report. https://frasercolorado.com/DocumentCenter/View/172/Broadband- Study-PDF 19 MPEI, Opts to Build Fiber Backbone | Winter Park Times. (2018, February 22). https://winterparktimes.com/news/4537/, https://winterparktimes.com/news/4537/ 20 Harford, M. (2020, June 27). Nonprofit seeks county support for fiber project in Grand. https://www.skyhinews.com/news/nonprofit-seeks- county-support-for-fiber-project/ 28 Frisco Status SB-152: Exempt Broadband Actions: Frisco is participating in Project Thor. In 2018, Summit county had completed a broadband feasibility study on the state of connectivity in the county.21 Glenwood Springs Status SB-152: Exempt Broadband Actions: Due to an existing service, Glenwood Springs was already exempt from SB-152, but it also became the first city to vote for exemption in 2008. Glenwood Springs originally completed its open-access fiber network in 2001 to keep businesses in town and protect its economic base, as existing dial-up options were insufficient. In 2008, it began providing service directly to commercial customers instead of leasing the capacity out to private providers. In 2009, it also began to offer fixed wireless service for residents.22 However, due to budget changes and sufficient wireless service for residents, it eventually cut back to serving businesses-only.23 It has recently voted to expand the reach of its fiber to 150 miles, potentially serving 4,800 residential customers, at a cost of around $9m in two years.24 In 2020, they began an expansion plan to install over 140 miles of fiber-optic cable covering the rest of the city limits.25 Grand Lake Status SB-152: NOT Exempt Broadband Actions: No information available. Gunnison Status SB-152: Exempt Broadband Actions: Please see section “Crested Butte” for more information. Mt. Crested Butte Status SB-152: Exempt Broadband Actions: No information available aside from it could potentially join the broadband efforts of economic Region 10. Please see section “Crested Butte” for more information. 21 Broadband in Summit County: Challenges and Opportunities. https://www.summitcountyco.gov/documentcenter/view/16990 22 community broadband networks. “Glenwood Springs, Colorado: Fiber Frontier.” Accessed October 2, 2020. https://muninetworks.org/content/glenwood-springs-colorado-fiber-frontier. 23 https://coloradosun.com/2018/09/13/municipal-broadband-cities-colorado/ 24 community broadband networks. “Glenwood Springs Continues Its Tradition of Looking Ahead With Fiber Network Expansion.” Accessed August 21, 2020. https://muninetworks.org/content/glenwood-springs-continues-its-tradition-looking-ahead-fiber-network- expansion. 25 The City of Glenwood Springs Community Broadband Network. https://gscbn.com/149/Community-Broadband 29 Mountain Village Status SB-152: NOT Exempt (San Miguel County is Exempt) Broadband Actions: The Town of Mountain Village is a municipal fiber network operator for 75% of the town’s residential addresses, approximately 1,300 customers. The network operator, Mountain Village Cable, is a town department.26 Since 2018, it issued an RFP for a broadband feasibility study to identify service gaps.27 It is currently in the process of upgrading all its infrastructure from cable to fiber service in the entire town. The FTTH network will provide up to 1 Gbps speeds to any customer. The town has detailed information on its network, subscriptions, and rates: - Click here for more details on the town’s fiber upgrade project and FTTP rates. - Click here for the town’s interactive fiber map - Click here for the town’s internet and tv package options and rates Ouray Status SB-152: Exempt Broadband Actions: Ouray operates a local network named OurayNet. It is a wireless internet network using 5 Ghz radio technology spanning most locations in Ouray and Ridgway.28 Installation is $99 in all location and plans are priced as follows: - $42.95/month for 6Mbps Basic Service - $64.95/month for 12Mbps Basic Plus Service - $89.95/month for 25Mbps Premium Service Ouray also engaged in an RFP for a fiber project to connect Ouray County Public Health office to a Region 10‐connected sub‐station at the Montrose Community Recreation Center. The RFP details that “the network consists of approximately 41.74 miles of conduit, carrying 96 strands of fiber; approximately 11.26 miles of the build are within Montrose County.”29 Pagosa Springs Status SB-152: Exempt Broadband Actions: The Southwest Colorado Council of Governments (SWCCOG) Southwest Colorado Access Network (SCAN) project to extend fiber into rural towns helped increase the available bandwidth in little towns like Pagosa Springs. The project spent over $4 million between 2012 to 2014, with $3m of it coming from DOLA. 30 Pagosa Springs benefitted in a small part of its community, the historic downtown and 26 reporter, C. M. (n.d.). Faster Internet service comes to Mountain Village. Telluride Daily Planet. https://www.telluridenews.com/news/article_01ba3a04-ead3-5c6b-8aed-ce7e66864283.html 27 Town of Mountain Village Cable and Broadband Department. Request for Proposal - Broadband Assessment and Feasibility Study. https://muninetworks.org/sites/www.muninetworks.org/files/2018-06-Mtn-Village-RFP.pdf 28 OurayNet. http://ouraynet.com/ouraynetservices.php 29 https://www.ouraycountyco.gov/DocumentCenter/View/10832/E-10----RFP-Award-Recommendation---CTN---Broadband 30 Hudson, Bill. “EDITORIAL: The Mysteries of Rural Broadband, Part Four | Pagosa Daily Post News Events & Video for Pagosa Springs Colorado.” Accessed October 2, 2020. https://pagosadailypost.com/2019/01/08/editorial-the-mysteries-of-rural-broadband-part- four/. 30 government office buildings. The town and county own the fiber network.31 Silverthorne Status SB-152: Exempt Broadband Actions: There is no information available on Silverthorne’s individual efforts apart from Summit County’s broader broadband feasibility study32 and efforts to join with Project Thor. Silverton Status SB-152: Exempt Broadband Actions: In 2010, Silverton initiated an effort to build a fiber network in rural San Juan County. The Silverton loop is part of the regional effort of Southwest Colorado Access Network (SCAN). For more information on the SCAN effort, please see section “Pagosa Springs”. The loop was estimated to cost $164k with most of it coming from a Southwest Colorado Access Grant and additional contributions of $41k from the City and the County.33 Snowmass Village Status SB-152: Exempt Broadband Actions: Any ongoing fiber efforts of Snowmass Village are related to broader regional efforts with electric utilities and the Garfield Pitkin Broadband Authority Board, please see section “Aspen” for more information. Snowmass Village is building a community fiber ring network in conjunction with Holy Cross Electric’s planned fiber project and is anticipating construction of that network to connect municipal facilities and anchor institutions in calendar 2021. Steamboat Springs Status SB-152: Exempt Broadband Actions: Routt County, where Steamboat Springs is located, already had a regional network that provided service to residents when it joined with Project Thor. The town has historically had difficulties getting adequate service from the incumbents, particularly in connecting its school districts and other anchor institutions. Steamboat was one of the original participants in the Northwest Colorado Broadband nonprofit cooperative that was a precursor to Project Thor. According to the town: “Thor is exactly what we did but just with more parties, …And now we share that cost and so I’m paying less now to join Thor, and I can turn the dial to 100 gigs. And I’m paying less than I was when I was paying (NCB) for 10 gigs. For the Steamboat Springs school district, … now paying $500 a month less for 10 times the amount of bandwidth. And that’s already a major savings from what the district once paid CenturyLink years 31 Pagosa Springs fiber project: http://pagosaspringscdc.org/wp-content/uploads/2019/03/Broadband-2018-and-Beyond-Final.pdf 32 Broadband in Summit County: Challenges and Opportunities. https://www.summitcountyco.gov/documentcenter/view/16990 33 Silverton, Colorado, Breaks Ground in First Phase of Regional Network. (2013, June 28). Community Broadband Networks. https://muninetworks.org/content/silverton-colorado-breaks-ground-first-phase-regional-network 31 ago.”34 Salida Status SB-152: Exempt Broadband Actions: No information available. Telluride Status SB-152: Exempt Broadband Actions: No information available. Vail Status SB-152: Exempt Broadband Actions: Vail is participating in Project Thor. They had previously built their own fiber network and are able to leverage it for municipal needs through participation in Project Thor. Winter Park Status SB-152: Exempt Broadband Actions: Please see section “Fraser” for a full description of the joint broadband efforts of Fraser and Winter Park. 34 Chuang, T. (2020, April 16). Internet service in western Colorado was so terrible that towns and counties built their own telecom. The Colorado Sun. https://coloradosun.com/2020/04/16/internet-service-western-colorado-rural-broadband-nwccog-sb152/ 32 Table 1 Summary Table - Broadband in Colorado Ski Towns Community SB-152 Exempt35 Broadband Actions (Links) Aspen Yes (2016) Regional Broadband Project Avon Yes (2017) Feasibility Study in Progress Basalt Yes (2016) ~ Blue River Yes (2018) ~ Breckenridge Yes (2016) - Broadband Availability Study (p. 51-55) - Operating a P3 for broadband with Allo. Crested Butte Yes (2015) Region 10 Broadband Project Denver Yes (2020) Some metro-area Feasibility Studies Dillon Yes (2017) ~ Durango Yes (2015) Dark Fiber Leasing Estes Park Yes (2015) Broadband Strategy Study (Larimer county feasibility study) Fiber Project underway. Fraser Yes (2015) Fraser & Winter Park Broadband Feasibility Report Frisco Yes (2018) Participation in Project Thor Glenwood Springs Yes (2008) Network Operator Grand Lake No ~ Gunnison Yes (2015) Region 10 Broadband Project Mt. Crested Butte Yes (2015) ~ Mountain Village No Fiber Network Operator Ouray Yes (2015) Public Health Fiber Project Pagosa Springs Yes (2016) Fiber Project Silverthorne Yes (2017) ~ Silverton Yes (2015) Wireless Network Operator Snowmass Village Yes (2017) Feasibility Study. Construction of a town-owned fiber optic network. Steamboat Springs Yes (2015) Fiber Project Salida Yes (2018) ~ Telluride Yes (2015) ~ Vail Yes (2017) ~ Winter Park Yes (2015) Fraser & Winter Park Broadband Feasibility Report 35 https://coloradosun.com/2018/09/13/municipal-broadband-cities-colorado/ https://denverite.com/2016/11/10/dozens-colorado-communities-rejecting-sb-152-clearing-way-new-broadband-projects/ https://muninetworks.org/content/local-authority-wins-across-colorado-comcast-loses-fort-collins https://muninetworks.org/content/colorado-towns-say-yes-local-authority-state-lawmakers-take-stab-rural-funding https://www.cml.org/docs/default-source/uploadedfiles/issues/elections/election-results/broadband-map.pdf?sfvrsn=58be2e86_0 33 Chapter 3: Public Community Survey Introduction The initial step of the Study was the development and implementation of a community engagement program. Since the available data on broadband speeds and coverage is known to be poorly representative of the reality of broadband in many locations, a public broadband survey was launched to the public to facilitate full understanding of the broadband situation in Town of Avon. This survey of residents and business owners helps decision makers better understand community needs. The public survey asked questions to determine the community’s internet services, usage patterns, current market conditions and deficiencies, cost and budgeting statistics, and desire for improved service in the community. Identifying questions were also asked about the household composition: do they have children, do they work at home, and demographic questions. Some of the questions asked what is important to them personally, what do they value about communications services, and what is important to the community; and, most importantly, what they think the County should do. The survey garnered 86 responses, see Figure 4 of a breakdown between residential and business responders. These results are not statistically representative. For a population of 6500 in the Town, the survey needed to obtain at least 363 responses to be statistically valid for a confidence level of 95% and a margin of error of +/- 5%, the minimum necessary for statistical validity. Instead, these results represent a 95% confidence level with a 10.5% margin of error. Nevertheless, the results are useful to create a general snapshot of the community. Due to the low response rate to this survey, results from another broader county-wide survey with information for the Avon area are also listed in this chapter. While these results cannot be directly combined with Avon’s survey, they are useful for comparison purposes in gauging regional connectivity. For the full list of survey questions, please see Appendix B, and for comments submitted to the survey, Appendix C. You may also view the entire set of results at the following link: https://arcg.is/rLCf4. These findings help to illustrate the challenging conditions today and indicate a need for more robust broadband services in the future in the community. Identification of needs in the survey results will facilitate the development of network model alternatives that may be helpful to mitigate some of the most significant gaps between the community’s capabilities and needs. For each of these network alternatives, the questions relating to pricing and willingness to pay will contribute to a predicted take rate and an optimum monthly cost for service users. The questions relating to the community’s broadband vision will facilitate an understanding of what role Avon could take in providing the service. Figure 8: Breakdown of Survey Responses 34 Survey Findings Apart from Comcast (Xfinity) Offerings, True Broadband is Rare in Town of Avon When measured against the federal definition of Broadband, the residents of Town of Avon report significant gaps. The survey respondents were asked to take a speed test through an online tool and report their actual speeds. While this method is reliant on variables such as the quality of in-home networking equipment, the results are generally accurate to show actual speed of service received, if not precise to the Mbps level. Residents across the County indicated that more than eighty-two percent (83.72%) subscribe to Comcast (Xfinity), followed by CenturyLink and satellite providers. Those residents who have chosen to subscribe to Charter (Spectrum) services and the rare individuals who have direct access to fiber optics (this could be a mis-report based on the relatively low reported speed for this type of service), are receiving service that meets the federal definition. By contrast, state of Colorado maps show ninety percent (90.2%) of residents in the state have access to Broadband service at 100Mbps or faster. This finding represents a meaningful gap for the residents of Town of Avon, despite the presence of multiple providers in the community. Service Interruptions are Manageable in Town of Avon Many survey respondents indicated that service interruptions are not relatively common. Sixty-one percent (61%) of residential service subscribers have outages for an hour or less a month. Although still a significant percentage – twenty-five percent (25%) of residential service subscribers have experienced an outage for an hour or less a week, with seven (7%), experiencing them more than one hour a day. Most internet service providers (ISPs) attempt to attain a ninety-nine (99.999%) (commonly referred to as “five nines”) of network availability. This equates to total service outages of time, meaning a total service outage goal of just five minutes per YEAR of service. Figure 9: Subscriptions to Residential Service Providers Among Respondents Figure 10: Frequency of Residential Service Disruptions 35 Demographics of Respondents Most of the respondents to this survey are permanent residents of Avon, with eighty-seven percent (87.2%) indicating they live in Avon year-round. The demographics of respondents were characterized by a relatively even split between men and women, a largely older demographic, and a relatively higher income and level of education than the average population. Figure 13: Respondents were in a Generally Older Demographic Figure 14: Survey Respondents Generally Had a Higher Level of Education Figure 11: Gender Distribution among Survey Respondents Figure 12: Respondents had Generally Higher Levels of Income 36 There is relatively strong support for Community Involvement Survey respondents were questioned to determine their support for a potential municipal alternative to privately provided services. Survey results indicated quite strong support for some sort of public involvement to solve the challenges faced in the community. • Ninety-two percent (92%) of residents felt that broadband should be considered an essential public infrastructure. • Seventy percent (70%) of respondents said that they would be Likely or Very Likely to switch providers if a new provider built a fiber network offering superior service in Town of Avon. • Seventy-two percent (72%) of respondents were Likely or Very Likely to purchase an offering if the local government helped facilitate broadband. Figure 17: Likelihood to Switch if Local Government Created a New Provider Option 11 2 33 1 22 1.7 111 2 3 111 1.1 1 1111 2 3 1 1.2Sc a l e 1 - 3 0 0.5 1 1.5 2 2.5 3 IMPORTANCE ACROSS VARIOUS CRITERIA Is locally owned Provides excellent customer service Is involved in the community Uses the best available technology Price Figure 15: Respondents' Importance Level for Internet Service Categories Figure 16: Likelihood to Switch Providers 37 Survey Findings • If a resident or business is in an area of population concentration – the odds are better that they will have a decent option, probably through Comcast • But, that does not apply to everyone in the concentration – those areas are still spotty • There are pent-up demand and broadband needs • There is a small segment of the population that does not want public involvement – some of that is a misunderstanding The creation of digital “haves” and “have nots” is commonly referred to as the digital divide. If there is good connectivity in one area, but not another, then those with better broadband have greater opportunity for economic development, higher home sale prices, health care, more diverse jobs, etc. In Avon, the more remote rural areas are not as well served by providers, but some urban areas may also experience this issue. This finding is relatively suprising as providers tend to have better service in more population dense areas. However, due to bandwidth limitations for non-fiber technologies, prohibitive cost of service for some residents, and seasonal fluctuations in population result in a significant threshold of poor service in the most populated areas of the county as well as rural. Comparison of Download and Upload Speeds with Eagle County Survey As previously stated, the Avon survey is not statistically representative, and it is useful to pull results from another broader county-wide survey with results within the boundaries of Avon, as well as the surrounding areas. The diagrams below demonstrate the spread of download and upload speeds per carrier in a box-and-whisker plot format. The middle line and number represents the median speed for that carrier. The top and bottom are the 25th and 75th quantile, respectively. Dots on the outside of the charts are statistical outliers. Download and Upload Speeds in Avon Survey The following download and upload speeds are indicated in the Avon Survey. Comcast (blue) represents the largest portion of respondents and the highest speeds, apart from the ‘Other category’, which included only 5 responses, 3 from Forethought, one from Dish, and one with Resort Internet. Figure 18: Desire for Town Intervention to Facilitate Better Broadband 38 Figure 19: Most Common Residential Service Providers' Download and Upload Speeds - Spread of Responses in Quantiles Download and Upload Speeds in the Eagle Survey with Results in Avon Considering the low response to the Avon survey, the following demonstrates a set of combined data results from both the Avon Survey and a broader county-wide survey for Eagle County, represented by the map below. Figure 20: Map of Download Speeds within the Town of Avon Boundaries from both the Avon and Eagle Surveys 39 Comcast remains as having the highest download speeds in the Town of Avon Boundaries, as demonstrated by the results from both surveys below: Figure 21: Download Speeds in Mbps within the Town of Avon between the Avon and Eagle Surveys Download and Upload Speeds in the Eagle Survey Surrounding the Town of Avon Boundary For additional comparison purposes, the following map and diagram is a broader overview of the download speeds in the area within and surrounding the Town of Avon, including Edwards, an area of similar density to Avon to its west in unincorporated Eagle County: Figure 22: Map of Download Speeds Surrounding Avon from both the Avon and Eagle Surveys 40 Survey References For the full engagement plan, including survey distribution and marketing, stakeholder interview questions, and press release, please see Appendix A. For the full list of survey questions, please see Appendix B. Many respondents also provided useful comments about their service on the survey. For the full list of survey comments, please see Appendix C. Many of the respondents express frustration with their service. Some find it difficult to get customer service help. A significant number of comments are not happy with the price they pay for the service they receive. Many respondents say they have no choice of providers or are not aware of any alternatives. These comments provide a wide variety of perspectives and serve as valuable input directly from the residents of Avon on many of the subjects that can are important to decision-makers. Figure 23: Download and Upload Speeds of Carriers in the Surrounding Avon Region from both the Avon and Eagle Surveys 41 Chapter 4: Stakeholder Outreach Interviews HR Green conducted interviews with Anchor Institutions (AIs) and local stakeholder organizations within the County to get a better idea of the region’s broadband needs. Meetings with representatives from AIs paint a picture of some having adequate connectivity and others lacking. Some areas and specific organizations reported that they had adequate broadband, but that there were many more that did not. Generally, the organizations that felt that they had adequate broadband and many businesses which were able to sign up for fiber optic level service through existing providers. Connectivity During and Post-Pandemic This study took place within the context of the COVID-19 pandemic, and thus characterized the details of many stakeholder testimonies. Forefront in people’s minds is the broader context of how the internet became dramatically more important due to stay-at-home orders and quarantine, telework, distance education, and telehealth. Whereas this study may have yielded higher satisfaction rates with current providers before the pandemic, the increased importance of internet use during 2020-2021 changed the dynamic internet reliance for daily functions in significant ways. Many respondents reported that their businesses have become much more accepting of work-from- home for their employees. For some, it was a challenge to initiative the types of web applications that would enable online conferencing, but many quickly adjusted. Many respondents reported a cultural shift in the comfort level and acceptance of using technology for collaboration and communication. Some saw several advantages in the new mode of operation, including the ability to attend a greater number of meetings in a more efficient and focused manner, thus increasing their overall performance productivity during the workday. The primary barrier became not the type of online communication, but its ability to work through the internet service people had in their homes. In a post-pandemic future, many respondents hypothesized that they will keep many of the tools put in place for remote communication. They are likely to continue doing tele-health appointments, work meetings, and online classes. In some cases, their businesses benefitted from implementing these solutions because they can reach a wider clientele that would formerly be less able to participate in their programs or consume their products. The skills they’ve developed as well as greater cultural acceptance of online tools will continue to be important even when quarantine measures are lifted. Anchor Institutions Schools The elementary school and library in Avon are the two educational institutions within the town. The library has been closed or operating in restricted capacity for the last year, and the elementary school put in place more programs for remote education. The library used to have trouble with its connectivity with its former provider, but recently signed up for a new e-rate broadband service that enabled them to get fiber extended to the library facility. They expressed interest in having the Town facilitate broadband for residents but did not think it was likely they would switch providers. In fact, their connectivity difficulties were rooted in their security program which limited bandwidth on the software level. They do not expect a dramatic increase in demand after the pandemic that would challenge their existing capacity. 42 Whereas previously schools may have offered online classes as a feature, the pandemic forced them to become a necessity. Schools offered a greater number of online programs and enabled ways of doing homework online. The primary challenge turned out to be – not the internet quality within the institution itself, but – having the capacity for individual students to access the programs remotely. Several families with school-age children have no internet at all in their household, making it particularly difficult to meet their educational needs during the time of pandemic-driven remote-learning. Schools had to treat these students differently with solutions such as printed out packets of homework that they could take home and return. The school’s internal connectivity has met their needs during the pandemic, but having their students consistently be able to utilize online education has been challenging. Government Departments Some governmental anchor institutions have been connected to a fairly robust network for several years. They generally expressed that they receive excess capacity to what they are using for a fair price. Although some remote server and cloud solutions are still not in place, it is computing technology rather than broadband infrastructure that prevents more remote-work, cloud database storage, and other similar capabilities. Local Businesses Interviews with a few local businesses revealed a variety of different concerns and opportunities. Business service was generally adequate for their operations, but not always reliable and often more expensive than they wanted to pay. The biggest challenge, as with other institutions, was the ability of their employees to work remotely with the poor connectivity many of them had at home. This desire expressed by respondents to support local broadband needs reflects the strong culture of community and sense of loyalty to the county’s residents. Stakeholder Outreach Interview Findings In summary, Where available, Comcast (Xfinity) provides the best service for residents and businesses. Service may be erratic, particularly during peak tourism season. Remote areas are usually unserved or underserved. Schools (K12) have good connectivity within their buildings, but struggle to get students to connect to programs from home, particularly during the pandemic. Internet service has been getting better in reliability. Compared with several years ago, outages are less common. Nevertheless, when outages happen, it completely debilitates the operations of many businesses. Many of the online programs started because of the pandemic are expected to continue being offered afterward. Use of technology has undergone a cultural change in acceptance. 43 Chapter 5: Smart City Initiatives Smart City Advantages The world and the United States are in the first wave of smart technology and implementation. As the below graphic shows, Smart Technology and applications have great potential in many areas of life and government operations and services. The point of exploring Smart City possibilities as part of feasibility is to attempt to allow for capacity that might be needed in likely Smart City initiatives. The graphic below displays the path of Smart City deployments as reflected in a report by the McKinsey Global Institute. 44 McKinsey describes three levels that are needed to fully utilize the Smart City concept. They refer to the foundation for a Smart City as the “tech base”. Another way to understand that is that this is the infrastructure, network, and connected device level. Once there is a tech base, applications can be developed and run to meet goals. Another way of visualizing the progression of Smart City applications from an established tech base can be seen in the HR Green graphic below. A discussion of the tech base is an important component in the feasibility process because there may be needs that can be incorporated as Smart City applications in the high-level design. The high-level topology may require the consideration of separate demarcation points, higher fiber counts, or other design features to accommodate Smart City applications. Additionally, as the high-level design can be utilized in detail design, this introductory Smart City work will be available for subsequent Smart City discussions and planning. In fact, the Town of Avon has incorporated a colocation shadow conduit policy to facilitate its tech base. Communities like Avon who seek to develop advanced communications infrastructure (e.g., fiber, conduit, etc.) in conjunction with their infrastructure renewals and/or street milling and resurfacing can use the colocation policy as a unique opportunity to deploy assets at a fraction of the cost of overbuilding individually. By enforcing a co-location policy and standards, the community can require builders with open trenches and boring projects to deploy conduit and/or fiber on behalf of the community including: GIS Locations Requiring 100% of all underground infrastructure placed by private sector utilities be included in the public agency asset management GIS systems – at no cost to the Town - with specific tolerances and penalties for non-compliance. In other words – should an electric or telecommunications line be placed in public right of way, the utility is required to provide GIS files to drop directly into Avon’s GIS system – to within perhaps 12-inch accuracy vertically and horizontally and delivered to the Town “as-built” locations. 45 Undergrounding of appurtenant structures (e.g., pedestals) to preserve sight distance and views, enhance safety, minimize impact on pedestrian circulation in key areas and mitigate impacts to the public rights-of-way. Joint-Build, “Piggybacking” and Dig Once initiatives with the private sector. Incentives to: o Discourage utility open trenching, and to – o Encourage co-location, aesthetic considerations, and small cell deployment in pre- designated locations and considerations. In new developments, require converged networks, neutral host site and “plug and play” opportunities - installed “from the ground up” - required co-locations for carriers and specifications for new developers. Potential Avon Smart City Initiatives On May 12, 2021, the leadership in the Town of Avon participated in a workshop where they identified several possibilities of Smart City applications that might, over time, be beneficial to facilitating services and operations in the Town. The list of ideas they created includes smart improvements to transit, public works, irrigation, open space management, recycling, and event operations. The following ideas were presented for Smart City applications from the Town of Avon staff: Transit: Private security cameras to expand eyes on public spaces. Avon does not have this technology today, but there are roughly 150 cameras in Avon Village which has been helpful in deterring crimes and identifying suspicious vehicles. Smart bus stops to let bus drivers know in advance how many people are at stops and let passengers know real time information. Public Safety: License plate reading cameras used to enforce traffic and parking laws. In the parking lots where the technology is available, the files are currently downloaded to a local server and uploaded to a cloud database after a car has been parked for more than two hours. A better network could enable constant video upload capability. Safety vision cameras on buses and other municipal transportation. The town currently has 11 buses and any generated videos are not available in real-time. Large video file transfer for police body cameras and surveillance cameras around municipal facilities. Currently, police must manually download this information to achieve access. Public Works: Improved work order processing in the field where staff members do not have to go back to the office to close a work order. Field capability would enable more efficient maintenance and replacements work schedules. Signage identification including UPCs and other methods to track and adjust signage in the Town. Preemptive maintenance on fleet: implement tire pressure sensors, GPS when there are breakdowns, other asset management sensors. 46 Irrigation Remote monitoring smart irrigation sensors: currently, the irrigation system has sensors but no automatic data collection. There is no access to a network in many areas. Some areas require walking half a mile to get to irrigation infrastructure data because do not have capacity to get it remotely. Other environmental sensors such as moisture sensors to monitor relative humidity could be helpful in maintenance as well. Open Spaces Management As a rural mountainous town, Avon has a lot of open spaces that are closed for times of the year, particularly in winter months where hazardous conditions could compromise safety. Monitoring for trespassers and wildlife in open spaces would facilitate better environmental management. Recycling Center A smart application that can help facilitate separation and monitoring capabilities of recycling materials at the recycling center. Event Operations As Avon continues to grow, hosting events for visitors and tourists drives the need to connect multiple devices in the event venues. Most of them are small (under 2k) but some are very large (30k). In the future, there will be more events with more than five thousand attendees. The cellular networks can’t handle the traffic. Having a guest network would facilitate point of sale networks for vendors to operate concessions, provide guests with sufficient connectivity, and enable better ability for media coverage broadcasting or fast uploads. Currently it is difficult to supply a guest network for more than 50 people and only in a small area. Once there was a media live broadcasting biking event that garnered sponsorship to get 3 Gb from Comcast 1 Gb from the town. It was difficult and the Town has no capacity to do that regularly. Other possible priorities could include: Kiosks and digital signage Connectivity for education (particularly ways to help students be connected) Streetlight monitoring Health care connectivity (either for health care facilities or for other health initiatives) Hot spots throughout Avon for those who can't afford Internet Recreation trails with sensors – usage, safety Town Hall business – digital forms, to be completed from anywhere, fees to be paid from anywhere with multiple options for payment Smart garbage cans – detect when full, connected to notify hauler when full; not to be emptied on a pre-planned schedule Connected municipal vehicles – location, moving or stopped, in Public Works vehicles – box up or down, sander on or off and rate, trackable routes, etc. 47 Fire Department and Emergency Services: Internet based dispatching (current system is radio based) Smart Applications Towns like Avon may further consider exploring other “smart applications” such as: Streetlighting: Re-evaluating the current and proposed streetlighting technologies and fee structures in place based on well-established utility valuation methodologies. Performing a high-level asset overview of all streetlighting conductors, with special attention to those streetlight conductors encased in conduits. Exploring the phased conversion of all streetlights to newer technologies reducing energy costs and consumption. Estimating the potential future value of fiber-optic based streetlights which may provide a platform for new 5G, LTE, micro-cell, and Distributed Access System (DAS) wireless and Wi-Fi broadband transmitters. Exploring the Installation of a fiber based Automated Meter Instrumentation (AMI) system. Parking o As a result of this work, the Town may establish new approaches to manage parking, increasing transit services, expanding affordable housing options, enhancing traffic flow, and providing improved pedestrian-friendly environments. Gigabit-speed Wi-Fi and “True 5G” (millimeter wave) mesh transmitters integrated into Avon’s fiber optic backbone (incorporating aesthetics, health, and monitored RF levels). Imaginative, variable Smart Lighting which senses pedestrian movements, automatically brightens and dims, and can be centrally controlled and managed to enhance the visitor experience at a large open-air evening event. Variations in energy and water consumption can help “predict” the future and adjust energy management and irrigation control systems through advanced metering infrastructure (AMI) of utilities. Perhaps equally importantly, applications are being developed to foster communication with utility customers based on usage data and patterns. These can help with resource management, leak detection, and improve the customer experience. Micro-grids: a sample renewable energy system – perhaps solar panels or wind-powered devices could be employed, exploring possibly interconnecting these with energy management systems “next door” to share energy during peak periods and manage demand. Integrated audio and video system(s) integrated with the streetlights and landscaping with the ability to control each speaker separately from the others or in groups. Pavement, weather, and environmental sensors that notify staff so that the appropriate actions can be taken. For example, should a major unanticipated surface water flow be detected, Public Works staff can be alerted to mitigate irrigation, flooding, or ice/snow build-up. 48 Smart Parking: Vacant parking space detectors integrated with surface parking kiosks and variable message signage to inform the public of the availability and location of parking in the garage(s). Wayfinding, variable message signing, and kiosks can be designed with technology interpretive displays at key “touchpoints” to guide and educate pedestrians. Sensors for rain gardens to enhance storm water quality, quantity, infiltration, and if desired, temperatures. Rideshare, bike share, and “seamless personal micro-transportation”. Resiliency Resiliency is also important in your critical infrastructure. Water, fire, and other emergencies do not adhere to property lines and boundaries. The same must be said for emergency communications via Smart City methods. Advanced communication options should be evaluated to reach citizens regardless of their location or method. Traditional radio and television messages are still vital, and mobile messaging must be added. An array of traditional, emerging, and innovative, high-tech flood control and emergency management methods can - and should - be considered as part of the strategic plan. For example, during the spring/summer, when the risk of flooding along waterways is the highest, monthly aerial surveillance systems via UAS (aka, “fixed wing drones”) to ensure the “Mannings coefficients” (an estimate of how clear the channels area) can now be conducted for very low cost. Efforts such as these can ensure there are no trees and/or debris along critical areas, and flood waters would be able to pass easily safeguarding lives and minimizing property damage. Through mobile/personal dashboards, citizens could link to the Town traffic operations center to see video of water way flood levels, showing images of the depth and velocity of water flow. Cameras could be located under exiting streetlights and send warning to the public of dangerous areas. During emergency situations, redirecting traffic away from public safety incidents and areas of concern and “steered” into an alternate nearby street network can be accomplished through wireless communications and pre- positioning “hyperlocal” “variable message signs.” In neighborhoods, “Smart” methods could instantly alert the travelling public at the first hint of a flood or fire and could ultimately save lives of people who otherwise could be trapped in their cars trying to evacuate. These kinds of changes can be instituted remotely, for very little cost, and when needed by traffic engineers, save precious seconds and without the need to send police officers into harm’s way to direct traffic manually. Recommendations: With plenty of common agreement about the value of asset management as that topic relates to developing a “Smart City roadmap,” there may be an opportunity to consider a list of actionable “best practices” to Avon and to suggest the adoption of a number of initiatives related to creating a path to becoming a Smart City. It is worth noting these best practices are themselves inter-related and could be included and developed concurrently include: 49 Implement Tech Core/Base to Support Future Applications Installing a tech base across the major arterials of the city can facilitate smart city applications. Having a robust network makes it easy to add applications to existing infrastructure. Although, in thinking of potential implementations of a basic fiber network, it is important to also consider future services which may be operated on the network. This will influence the network design, including fiber counts necessary for those applications, fiber splicing points, and ensuring vertical infrastructure and buildings can support any devices. Prioritize Objectives via a Smart City Strategic Plan A full Smart City strategic plan was outside the scope of this study, but could be useful to help Avon prioritize the most impactful options for the community. In establishing smart city applications, a hierarchy of importance can help guide the most effective and highest-utilization services. Each locality is different in its structure, services, utilities, topography, and many other factors, so the same priorities which may be present in other regions may not apply. A city, town, or county may prioritize utility infrastructure over transportation or vice versa. They may have an extensive network of public transportation, or many events that require the use of public WiFi. Understanding top priorities will enable targeting of resources to their most effective use, and subsequent priorities may be added at a later time. 50 Appendix A: Broadband Assessment and Feasibility Study Community Engagement Plan Overview One key component of the Broadband Assessment and Feasibility Study is community engagement. This is important to understand the current connectivity in Avon, gaps where stakeholders are not served, gaps where there are organizations or citizens who are underserved (not enough capacity, not enough speed, lack of reliability, too high cost, etc.) and to have real information to compare to the Market Assessment (especially if any grants are possible). This community engagement plan will include the following groups: Citizens Businesses Anchor institutions - Mainly quasi-government: Libraries, Post Office, health and can include key businesses either already present or thinking about locating to Avon Public entities In our outreach to these groups, our primary goals are to find out each entity’s or household’s: Current service (provider, capacity, speed, price) Satisfaction with their current service Concerns with their current service (reliability, capacity, price) Anticipated needs for connectivity in the future The following Community Engagement Plan outlines the strategies and tactics we recommend for informing the organizations and households about the study, encouraging their participation and the Important Links SURVEY LINKS: HTTPS://ENGAGE.AVON.ORG/BROADBAND HTTP://BIT.LY/AVONBROADBANDSURVEY HTTPS://ARCG.IS/8YI1U TO VIEW THE SUMMITTED SURVEY RESULTS: HTTPS://ARCG.IS/RLCF4 SHARED ONEDRIVE FOLDER LOCATION: HTTPS://AVONCO- MY.SHAREPOINT.COM/:F:/G/PERSONAL/RMCKENNER_AVON_ORG/ETHPHSWBJVHJMZ TQD0VXVDIBIXCLO_NSTTUSGECW9JBI7Q?E=LC5CSV 51 specific questions we will ask to find out the above information. The key messages to communicate include: The reason why Avon is conducting this study and potential benefits to businesses, organizations, and citizens: the goal of this study is to specifically understand where there are broadband connectivity issues (inadequate options, lack of reliability or price issues) for businesses and residents in Avon, so that the Town can explore options to improve broadband service. Encourage businesses, organizations, and residents to take the online survey. Encourage businesses, organizations, and residents to engage with public outreach and stakeholder interviews. Strategies Survey: o A significant key to the success of this project will be the surveys. The key to getting enough responses to receive statistically valid response rates is promotion. Thus, the form of the survey (virtual only, printed, etc.) and how those will be made available become very important. o Survey will be online only. It will be promoted in several formats. We have not included the Scope for printing or mailing surveys (if they could be distributed in utility bills or made available at the Town facilities) o Survey: http://bit.ly/AvonBroadbandSurvey o Online is, typically Plan A. Plan B (backup plan if we are not getting enough responses can include): Printed survey (possibly mailed or dropped off at the Town courthouse; etc.) – this is possible as Plan B, but not currently in Plan A It is also possible to do some door or door or phone canvassing, but those can become very costly. o Survey will be open for 45 days. o Statistically significant threshold of responses for a town of 6500 people, with a confidence level of 95%: Confidence interval of +/- 5% = 363 Distribution: o Working with Town public information personnel is very important. o What roles will the Town, County, or any local utilities play in promotion and distribution of the survey? o Websites – see website list below o Social media – see Facebook pages below o Email lists – if available, emails can be sent that include the survey link. Do those email lists exist? o Printed surveys can be included in utility billings, available at the Town Courthouse, handed out at public meetings and at information tables (if there are any of these that make sense) – this is possible, but not planned 52 o Put on digital billboards on roads and bridges? Audience: o Town residents o Town Businesses o Both – those operating businesses from their homes o Town Visitors o Town Employees Interviews: o Anchor Institutions – these will be done in group or individual meetings with questions very similar to the surveys. We meet with them separately to discuss their specific needs, timelines and if they own any broadband infrastructure – see Attachment C for sample questions) Schools Libraries o Public entities Fire Police Emergency Management Town departments (Administration, Public Works/Engineering, Planning, IT, Finance, Utilities, Economic Development, Parks, Emergency Management, Police) Town departments (where applicable) o Peer communities Other ski towns (27 members of Colorado Ski Towns) 5 interviews: (see Attachment D for sample interview questions) Breckenridge Aspen Estes Park Steamboat Springs Glenwood Springs o Other key stakeholders – examples of these could be Chambers of Commerce, Business leaders, major developers (particularly if there are new planned commercial or residential developments that might needs broadband service Outcomes: o Current market conditions and deficiencies o List of local providers o What they currently pay o Whether their current service is adequate o What they like and dislike today o Do they have any needs for the future o What they do with Internet services o Predicted take rate and optimum monthly cost they would be willing to pay – to develop feasibility of options and to use to talk with potential provider partners o Whether they want the Town taking an active role in improving broadband 53 o Demographic questions (their location, age, etc.) Websites Avon Website: https://www.avon.org/ Community Engagement Platform: www.Engage.Avon.org New Tourism Page: https://www.Discoveravon.org Soon to be launched: https://www.VVPConnect.org Avon Chamber of Commerce: https://www.visitvailvalley.com/ Social Media Monthly Newsletter: email mailing list – beginning of April (in 2 weeks) Instagram: o https://www.instagram.com/discoveravoncolorado/ o https://www.instagram.com/avonrecreation/ Twitter: o https://twitter.com/TownofAvon Facebook: o https://business.facebook.com/discoveravoncolorado/ o https://business.facebook.com/TownofAvonColorado/ o https://business.facebook.com/AvonPolice/ o https://business.facebook.com/AvonRecreation/ HighFiveMedia.org Access Radio o Eric can discuss the survey on the scheduled radio spot. Public Meeting In these Covid-19 times, meetings are difficult. They can be good to answer questions and to generate interest in the survey. They are best done in person, but they can be done virtually. We find attendance is lower in the virtual setting, but they can still be beneficial. As with the surveys, the key is promotion. Are there any community events that will happen within the timeline of the survey? o Council Meetings - 2nd and 4th Tuesday of the month 54 ATTACHMENT A Individual Interviews – Contact List and Draft Outreach Email SU: Avon Broadband Study - Stakeholder Meeting Dear [First Name] [Last Name], The Town of Avon is conducting a broadband connectivity study. As part of this study, the Town of Avon has identified key stakeholders that we would like to meet with to discuss your current connectivity, whether you are satisfied with your current connectivity, and what plans you might have for the future that might require greater capacity or speed. For more information about the project, please visit https://engage.avon.org/broadband. Your organization is one of the key stakeholders in our community. We would like to schedule a Zoom meeting with you that will not take more than an hour. Your feedback is very important. We will aggregate the data, so your answers to questions will not be made public without your permission. Thank you for your input! Are you available any of the possible meeting dates and times listed at the Doodle Calendar link below? https://doodle.com/mm/irenastevens1/avonbroadband If you have issues using the Doodle system, please just reply to this email to schedule a meeting. Attached is a sample of some of the questions we will discuss so that you know what to expect. [Attachment C] Thank you, [Email Signature] Type/Name Facility Address Contact Name Email address Comfort Inn 161 W. Beaver Creek Blvd. Comfort Inn Contact #1 161 W. Beaver Creek Blvd. Cherie Vittum cvittum@comfortinnvail.com Comfort Inn Contact #2 161 W. Beaver Creek Blvd. Willem Berkhout willem.berkhout@millenniumhotels.com Buck Creek Medical Plaza Medical Offices 50 Buck Creek Rd. Local Governments: Eagle County Clerk and Recorder Clerk and Recorder Lodge at Avon Center Regina O'Brien regina.obrien@eaglecounty.us Eagle County Health and Human Services Public Health and Human Services Lodge at Avon Center Eagle River Fire Protection District Station 7, Joint Public Safety Facility 60 Buck Creek Rd. Karl Bauer kbauer@eagleriverfire.org Eagle Valley Library District Avon Branch 200 Benchmark Rd. Kim Saalfeld ksaalfeld@evld.org Eagle County Schools Avon Elementary 850 W. Beaver Creek Blvd. Eagle River Water and Sanitation District Avon Water and Wastewater Treatment Plant 901 W. Beaver Creek Blvd. Linn Brooks lbrooks@erwsd.org Eagle County Health Services District Avon Station 1780 Swift Gulch Road Medical Offices: Colorado Mountain Medical Doctor's Offices Centura Emergency and Ugent Care Center Major Retailers: Home Depot Walmart 171 Yoder Ave. Cas Osantowski cmosant.s01199.us@wal-mart.com Walgreens City Market 72 Beaver Creek Pl Jeff Gentilini jeff.gentilini@stores.citymarket.com Other: High Five Access Media Comcast Service Center 281 Metcalf Rd. JK Perry jk@highfivemedia.org Vail Daily Ali Longwell alongwell@vaildaily.com TV8 Vail Seasons at Avon 137 Benchmark Rd. Zehren/Architects 48 E Beaver Creek Blvd Tony D'Agostino tonyd@zehren.com Avon Town Square – professional offices Walking Mountains Science School 318 Walking Mountains Ln, Avon, CO 81620 Paul Abling paul@walkingmountains.org Beaver Creek Metropolitan District Bob ##; Dave Bird Beaver Creek Resort Company Jen Brown; Nadia G### Individual Interviews 55 ATTACHMENT B Group Interviews – Contact List and Draft Outreach Email SU: Avon Broadband Study - Stakeholder Meeting CC: Eric, Robert, Ineke, and Ed Timing: Group 1 (Lodging): Tuesday at 1, Group 2(Retailers): Wednesday at 1, Group 3 (Financial Institutions): Thursday at 1 Dear [First Name] [Last Name], The Town of Avon is conducting a broadband connectivity study. As part of this study, the Town has identified groups of key stakeholders, with your organization being part of the [group name]. We would like to schedule an hour to meet with you and [group name] to discuss your current connectivity, whether you are satisfied with your current connectivity, and what plans you might have for the future that might require greater capacity or speed. For more information about the project, please visit https://engage.avon.org/broadband. Your feedback is very important. We will aggregate the data, so your answers to questions will not be made public without your permission. Thank you for your input! Attached is a sample of some of the questions we will discuss so that you know what to expect. [Attachment C] Thank you, [Email Signature] Hotels and Lodges: Marriott Westin Riverfront Resort and Spa 126 Riverfront Lane Kristin Pryor kpryor@westinriverfront.com Marriott Westin Riverfront Resort and Spa 126 Riverfront Lane Todd Stipetich and Zeek Ferraroststipetich@eastwest.com; Zeek Ferraros <eferraros@eastwest.com> East West Hospitality Falcon Point 175 Lake Street Todd Stipetich and Zeek Ferraroststipetich@eastwest.com; Zeek Ferraros <eferraros@eastwest.com> East West Hospitality The Ascent 38390 US Hwy 6 Todd Stipetich and Zeek Ferraroststipetich@eastwest.com; Zeek Ferraros <eferraros@eastwest.com> Marriott Riverfront Mountain Villas 218 Riverfront Lane David Weiss David.Weiss@vacationclub.com Marriott Sheraton Mountain Vista 173 Lake Street David Weiss David.Weiss@vacationclub.com Marriott Lakeside Terrace Villas 173 Lake Street David Weiss David.Weiss@vacationclub.com Wyndham Hotels Club Wyndham Resort at Avon 75 Benchmark Rd. Pete Reyes pete.reyes@wyn.com (970) 748 6608 Comfort Inn Contact #1 161 W. Beaver Creek Blvd. Cherie Vittum cvittum@comfortinnvail.com Comfort Inn Contact #2 161 W. Beaver Creek Blvd. Willem Berkhout willem.berkhout@millenniumhotels.com Christie Lodge 47 E. Beaver Creek Blvd. Tom Butz tbutz@christielodge.com The Seasons at Avon 137 Benchmark Rd. Kyle Greenhaus Kgreenhaus@vailresorts.com The Lodge at Avon Center 100 W. Beaver Creek Blvd. Brian Hejtmanek brian@vailmanagement.com Financial Institutions: FirstBank Avon Branch 11 W. Beaver Creek Blvd. Wells Fargo Bank Avon Branch 245 Chapel Pl. Bldg. C Alpine Bank 10 W. Beaver Creek Blvd. Community Banks of Colorado 70 W. Benchmark Rd., #101 Vail Valley Partnership Chris Romer cromer@vailvalleypartnership.com Group Interviews Todd Stipetich runs the IT departmeDavid Weiss is General Manager 56 Follow-Up Correspondence Email SU: Avon Broadband Study - Stakeholder Meeting Dear [First Name] [Last Name], We are following up on a previous outreach correspondence regarding the broadband connectivity study being conducted by the Town of Avon. As part of this study, the Town of Avon has identified key stakeholders that we would like to meet with to discuss your current connectivity, whether you are satisfied with your current connectivity, and what plans you could have for the future that might require greater capacity or speed. For more information about the project, please visit https://engage.avon.org/broadband. If you might have 15-20 minutes to talk with us about your organization’s connectivity, would you be available any of the possible meeting dates and times listed at the Doodle Calendar link below? https://doodle.com/mm/irenastevens1/avonbroadband If you have issues using the Doodle system, please just reply to this email to schedule a meeting. Attached is a sample of some of the questions we will discuss so that you know what to expect. Your feedback is very important. We will aggregate the data, so your answers to questions will not be made public without your permission. Thank you for your input! Thank you, [Email Signature] 57 ATTACHMENT C Anchor Institution/Public Sector Stakeholder Input Questions Current Internet Usage: Who is your current provider(s)? What service(s) do you have (particularly up/down speed and capacity)? Do you feel like it is adequate? How well does your current technology meet the needs of your staff and of the community? Do you feel like their service is reliable? How frequently do users experience outages on your current platform? What are your current uses? Technologies used within the organization? Can you describe the equipment, standards and versions are currently deployed on your network? Is any of your communications equipment nearing end-of-life? Are you leveraging fiber, wireless or other connections to communicate with your equipment in the field? Do you have redundancy that you are comfortable with (and - do you know if your redundancy is on the same fiber as their provider)? What improvements would you like to see inside your organization in terms of improved connectivity? Can you provide any maps or diagrams that would help us better understand the technology and locations for the things we’ve just discussed? Future Internet Usage: What plans do you have in the next five to 10 years to make significant improvements that will require new applications or upgraded technology? Can you describe the capital plan for your department and the types of improvements that you feel the community needs? Costs: Do you feel like your pricing is fair (are you getting what you pay for)? How much are you currently paying? What is your contract term (when does it expire)? What price point would compel you to make a change? Do you currently have any grants available for connectivity upgrades? Other: Would you be supportive of a Town-led broadband improvement effort. Schools: o Are you currently utilizing e-rate? o If so, can you change your e-rate arrangements for another provider? Are there any other considerations that you are thinking about with your broadband service? THERE WILL BE ADAPTATIONS OF THESE QUESTIONS TO SPECIFIC ORGANIZATIONS 58 ATTACHMENT D Peer Ski Towns Case Studies Questions 1. Can you tell us generally about the trajectory of your broadband project? 2. Who were the incumbents prior to the project? What service did they provide? 3. What is your current customer base? Are you providing services to businesses, residents? What is the process to sign up? How do you do billing? 4. Did you receive any grants? 5. Did you work with a private-sector or another government partner? 6. Did you have to add staff to operate and manage the network? If so, how many personnel and in what capacity? 7. Did you have anchor institutions committed to joining the network prior to construction? 8. Can you give us any examples of how service has changed for anchor institutions? 9. Have you implemented any ordinances or other policies to facilitate conduit, fiber, or wireless deployment? 10. Did you leverage your fiber network to provide any city services, such as public Wi-Fi or smart city applications or devices? 59 ATTACHMENT E Press Release FOR IMMEDIATE RELEASE AVON SOLICITING INPUT REGARDING BROADBAND SERVICES FOR RESIDENTS AND BUSINESSES he Town of Avon has initiated a discovery study to gain a clearer understanding of broadband needs in Avon. An online survey is now available to gather specific information from residents and businesses. The survey will be available through April 30th, and may be accessed at https://engage.avon.org/broadband. The Town understands that broadband is a critical service for businesses, organizations, and citizens. This study will allow the Town’s leadership to gain a clearer understanding of what steps may be required to gain and maintain a competitive advantage in terms of broadband and to make sure that the community’s needs are met. The initial phase of the study includes gathering input from Town residents, businesses, and key stakeholders to compare against industry data. “We want to take the steps to make sure our citizens and businesses have the connectivity they need to thrive in Avon. We also view broadband as essential infrastructure to maintain Avon as one of the top destinations to work and live,” said Avon Town Manager Eric Heil. “Our first step is to understand our current broadband infrastructure and the preferences and needs of our community.” “It is important that we receive broad input from residents and businesses through the survey,” Heil continued. “Our project consultant, HR Green, will also be interviewing government representatives and leaders from various industries during that time to gather additional information.” The study and analysis will be completed this summer. The Town has contracted with HR Green, a national broadband consulting firm who has worked extensively throughout Colorado and in Eagle County, to complete the broadband study. For questions about Municipal Broadband or this survey, please contact Avon IT Manager Robert McKenner at rmckenner@avon.org or (970) 748-4034. Appendix B: Survey Questions Avon, CO - Broadband Community Survey Your participation is very important to understand your satisfaction with your current broadband options, the service you are being provided, and your interest in other broadband options being developed. The survey takes only a few minutes to complete and your feedback is very important. Please limit your responses to one survey per household and/or business and please take the survey from a device connected to your wireline broadband service (instead of a device connected to cellular service). Your individual answers are anonymous and confidential, so please answer as honestly as possible. Thank you for your input! 1 Are you taking this survey as a resident, a business owner, or both?* Resident Business Owner Both a Resident and a Business Owner in Avon Visitor/Temporary Resident Employee in Avon, but Live Elsewhere 2 Please enter your location:* The location is used to determine the availability of internet options in your area. Please make sure that the location selected in this question is where you would receive internet service. If the tool does not accurately represent your location, please type in your address into the address box at the top. Business Address (if taking survey as both) 4 Where is your business based?* In my Home Storefront 5 For those taking this survey as both a resident and a business, if your business is NOT IN YOUR HOME, please select your residential address in question #2 - location, and type your business address in the box below: BUSINESS ADDRESS (if different from residential): 6 Service Subscriptions - Resident 7 Do you live in Avon all year or is this a second home? All Year Second Home 8 Does your home subscribe to Internet Service? * Yes No 9 Not Internet Subscriber - Resident 10 If you answered "no" to the previous question, what are the primary reasons you do not have internet services for your home? Not interested/don't need them Price of service is outside my budget Access necessary services via free WiFi at locations outside my business Services not available in my area Other 11 Internet Service - Resident 12 Which company(ies) do you currently use to provide your internet service(s)? Comcast (Xfinity) CenturyLink Charter (Spectrum) HughesNet ViaSat/Excede Rise Broadband Other 13 Upload and download speeds are important to many people. In some cases, providers will advertise "up to" speeds as part of your subscription package. What speeds were you told you would receive when you signed up for your service? Less than 10 Mbps Between 10 and 25 Mbps Between 25 and 50 Mbps Between 50 and 100 Mbps Over 100 Mbps Don't Know / Not Sure 14 In order to determine actual internet service performance, we would like you to perform a speed test. This speed test should be using your HOME INTERNET CONNECTION (through WiFi or ethernet), not your cellular data connection. To take the speed test, click the https://www.speedtest.net link. Jot down the results in the boxes below. 15 DOWNLOAD SPEED: https://www.speedtest.net 16 UPLOAD SPEED: 17 Please rate your level of satisfaction with your home internet service in the following categories: Very dissatisfied Somewhat dissatisfied It's OK Somewhat satisfied Very Satisfied Customer service experience Data allowance Price Reliability (frequency and length of service interruptions) Speed/Data Rate 18 Please rate your overall level of satisfaction with your current Internet service provider. Very Dissatisfied Somewhat Dissatisfied It's OK Somewhat Satisfied Very Satisfied 19 If your answers to the previous question(s) were that you are unsatisfied, what are the key issues you have with your current provider? 20 In what ways does your household use the internet? (Check all that apply) Education - Primary/Secondary (K-12) Education - Adult (Degree or Certificate) Checking Email Online gaming Online Applications & Storage (Google Apps, Dropbox, etc.) Banking or Bill Paying Shopping Smart home & security applications Social Networking Streaming TV (Netflix, Hulu, etc.) Work From Home - Part Time Work From Home - Full Time Video Chat (FaceTime, Skype, etc.) Web surfing Home Healthcare / Telehealth Other 21 Do you or anyone in your home currently use the internet to work from home or run a business? Yes No 22 Has your internet met your work from home needs? Yes Somewhat No Not Applicable 23 Do you plan to continue working from home after the pandemic? Yes No Not Sure Not Applicable 24 Do you currently have students learning from home during the pandemic? Using the internet to access and complete homework, research, or other assignments Yes No 25 Has your internet met their education needs? Yes Somewhat No Not Applicable 26 Did your internet meet their student needs before the pandemic? Yes Somewhat No Not Applicable 27 How often do you experience outages of an hour or longer due to connection problems or slow/inoperable speeds? 28 Have you considered moving or relocating as a result of limited access to high-speed, broadband internet services? Yes No Maybe 29 How likely would you be to recommend your home Internet service provider to a friend or colleague? Very Unlikely Unlikely Neutral Likely Very Likely 30 Do you have any other comments, questions, or concerns about your home Internet service? 31 Economic Questions - Resident 32 Approximately how much do you pay for your internet service connection every month? Do not include the cost of your cellular plan. 33 If it was available, would you be interested in a broadband service that allowed you to receive internet service with greater speed and reliability for a cost which was comparable (+/- 10%) to your current internet service? Yes No 34 What is the highest amount you would be willing to pay for the following download speeds? 0 to 25 Mbps 25 to 50 Mbps 50 to 100 Mbps 100 Mbps to 1 Gbps 0 to $50 $50 to $100 $100 to $150 More than $150 35 Tell Us About Yourself! 36 Gender (Optional) Male Female Other 37 Age (Optional) 38 What is the range of your current annual household income? (Optional) 39 What is the highest level of education you have completed? (Optional) 40 If we have additional questions, may we contact you? No, I prefer to remain anonymous Yes, you may contact me 41 Please enter your contact information: Phone/email/etc. 42 Internet Service - Visitor/Temporary Resident 43 For how long do you typically visit or temporarily reside in Avon every year? 1-2 weeks a year 3-4 weeks a year 1-2 months a year 2-4 months a year 4-7 months a year Other 44 From which company do you receive internet service? Do not know Comcast (Xfinity) CenturyLink Charter (Spectrum) HughesNet ViaSat/Excede Rise Broadband Other 45 In order to determine actual internet service performance, we would like you to perform a speed test This speed test should be using your residential service internet connection (through WiFi or ethernet), NOT your CELLULAR data connection. To take the speed test, click the https://www.speedtest.net link. Jot down the results in the boxes below. 46 DOWNLOAD SPEED in your temporary residence: https://www.speedtest.net 47 UPLOAD SPEED in your temporary residence: 48 Please rate your level of satisfaction with your internet service in the following categories: Very dissatisfied Somewhat dissatisfied It's OK Somewhat satisfied Very Satisfied Customer service experience Data allowance (data cap) Price Reliability (frequency and length of service interruptions) Speed/Data Rate 49 Please rate your overall level of satisfaction with your current Internet service: Very Dissatisfied Somewhat Dissatisfied It's OK Somewhat Satisfied Very Satisfied 50 If your answers to the previous question(s) were that you are unsatisfied, what are the key issues you have with your current service? 51 In what ways do you use the internet? (Check all that apply) Education - Primary/Secondary (K-12) Education - Adult (Degree or Certificate) Checking Email Online gaming Online Applications & Storage (Google Apps, Dropbox, etc.) Banking or Bill Paying Shopping Smart home & security applications Social Networking Streaming TV (Netflix, Hulu, etc.) Work From Home - Part Time Work From Home - Full Time Video Chat (FaceTime, Skype, etc.) Web surfing Home Healthcare / Telehealth Other 52 Do you or anyone in your residence currently use the internet to work from home or run a business? Yes No 53 Has your internet met your teleworking needs? Yes Somewhat No 54 Do you plan to continue teleworking after the pandemic? Yes No Not Sure 55 Do you currently have students using the internet for education? Using the internet to access and complete homework, research, or other assignments Yes No 56 Has the internet met their educational needs? Yes Somewhat No 57 How often do you experience outages of an hour or longer due to connection problems or slow/inoperable speeds? 58 Would you consider visiting Avon more frequently or staying longer if you had reliable internet? Yes No Maybe 59 Have you considered visiting or temporarily residing at another location due to poor internet service in Avon? Yes No 60 Would you like to share any further comments, questions, or concerns about the Internet service you receive? 61 Profile and Service Subscriptions - Business 62 Is your business in the Avon town limits? Yes No Not Sure 63 What is the primary industry sector of your business? (Optional) Agricultural Banking/Financial services Bar/Restaurant Church or religious organization Construction Education Government/Public service/Non-Profit Health Care Hospitality Import/Export Manufacturing Professional services (including legal and insurance) Real Estate Rental housing Retail sales Other 64 Approximately how many full or part-time employees work for your business? (Optional) 65 What is your business name? (Optional) 66 May we share your business name or your name with Town officials? If the Town engages with a broadband project, your business may be contacted as a potential customer. Yes No Other 67 Does your business subscribe to Internet Service? * Yes No 68 Internet Service - Business Owner 69 Which company(ies) do you currently use to provide your business internet service? Comcast (Xfinity) Centurylink Charter (Spectrum) HughesNet ViaSat/Excede Rise Broadband Other 70 Is your business served by fiber optics? Yes No Not Sure 71 In order to determine actual internet service performance, we would like you to perform a speed test. This speed test should be using your BUSINESS INTERNET CONNECTION, not your cellular data connection. To take the speed test, click the https://www.speedtest.net link. Jot down the results, then type them in the boxes below. 72 DOWNLOAD SPEED: https://www.speedtest.net 73 UPLOAD SPEED: 74 Does your business offer internet/WiFi service to the public/guests? Yes No 75 Approximately how many devices are connected to the Internet at your business? Include PCs, tablets, smart phones, or any other devices that use the Internet connection. 76 If known, what specialized data service, if any, do you currently receive from your provider? (check all that apply) Dark fiber Dedicated bandwidth or circuit Fiber transport services MPLS SD-WAN Static IP addresses Other 77 How do you use the Internet at your business? (check all that apply) Company website Credit card processing Data management (backup or data storage) Education and professional development (including webinars) Electronic health records Email Employee payroll File or data sharing Hosting your own server Online banking Online purchasing or tracking inventory Online sales Operations in the cloud (accounting, sales, project management, etc.) Social media (Facebook, Twitter, etc.) Streaming music (Pandora, Spotify, etc.) Streaming video (Netflix, Amazon Prime, Hulu, YouTube, etc.) Video conferencing Video security Web surfing Other 78 Have you had employees work from home in 2020? Yes No Other 79 Please rate your satisfaction with your Internet service provider on each of the following characteristics. Very dissatisfied Somewhat dissatisfied It's OK Somewhat satisfied Very Satisfied Customer service experience Data allowance (data cap) Price Reliability (frequency and length of service interruptions) Speed/Data Rate 80 Please rate your overall level of satisfaction with your current provider. Very Dissatisfied Somewhat Dissatisfied It's OK Somewhat Satisfied Very Satisfied 81 If your answers to the previous question(s) were that you are unsatisfied, what are the key issues you have with your current provider? 82 How often do you experience outages of an hour or longer due to connection problems or slow/inoperable speeds? 83 How likely would you be to recommend your business internet service to a friend? Very Unlikely Unlikely Neutral Likely Very Likely 84 Over the past few years, have internet speeds kept up with your business needs? Yes No 85 Have you considered moving or relocating your business as a result of limited access to high-speed, broadband internet services? Yes No Maybe 86 How important is improved internet service to your business today? Not important Somewhat important Very important Not sure, would like to learn more 87 How important do you think improved internet service will be to your business in the next few years? Not important Somewhat important Very important Not sure, would like to learn more 88 Do you have any other comments, questions, or concerns about your current or future Internet service? 89 Not Internet Subscriber - Business 90 If you answered "no" to the previous question, what are the primary reasons you do not have internet services for your business? Not interested/don't need them Price of service is outside my budget Access necessary services via free WiFi at locations outside my business Services not available in my area Other 91 Economic Questions - Business 92 Approximately what is the total monthly cost (rounded to the nearest dollar) of the internet service that you receive for your business? If you have more than one provider, please add those monthly bills together. Do not include the cost of your cellular plan. 93 If it was available, would you be interested in a broadband service that allowed you to receive internet service with greater speed and reliability for a cost which was comparable (+/- 10%) to your current internet service? Yes No 94 What is the highest amount you would be willing to pay for the following download speeds? 0 to 25 Mbps 25 to 100 Mbps 100 Mbps to 1 Gbps Over 1 Gbps 0 to $50 $50 to $100 $100 to $150 $150 to $200 $200 to $300 Over $300 95 Profile - Employee of a Business in Avon 96 On average, how many days a week do you commute to work as an employee in Avon? 1-2 3-4 5 or more 97 What is the primary industry sector of your employment? Agricultural Banking/Financial services Bar/Restaurant Church or religious organization Construction Education Government/Public service/Non-Profit Health Care Hospitality Import/Export Manufacturing Professional services (including legal and insurance) Real Estate Rental housing Retail sales Other 98 Approximately how many full or part-time employees work for your business? 99 What is your employment business/organization name? (Optional) 100 Does your employment business/organization subscribe to Internet Service?* Yes No 101 Internet Service - Employee, not Resident, in Avon 102 Which company(ies) do your employer business/organization currently use to provide your business internet service? Not Sure Comcast (Xfinity) Centurylink Charter (Spectrum) HughesNet ViaSat/Excede Rise Broadband Other 103 Is your employer business/organization served by fiber optics? Yes No Not Sure 104 In order to determine actual internet service performance, we would like you to perform a speed test. This speed test should be using your BUSINESS INTERNET CONNECTION, not your cellular data connection. To take the speed test, click the https://www.speedtest.net link. Jot down the results, then type them in the boxes below. 105 DOWNLOAD SPEED: https://www.speedtest.net 106 UPLOAD SPEED: 107 Does the business/organization that employs you offer internet/WiFi service to the public/guests? Yes No 108 How do you use the Internet as an employee at your organization? (check all that apply) Company website Credit card processing Data management (backup or data storage) Education and professional development (including webinars) Electronic health records Email Employee payroll File or data sharing Hosting your own server Online banking Online purchasing or tracking inventory Online sales Operations in the cloud (accounting, sales, project management, etc.) Social media (Facebook, Twitter, etc.) Streaming music (Pandora, Spotify, etc.) Streaming video (Netflix, Amazon Prime, Hulu, YouTube, etc.) Video conferencing Video security Web surfing Other 109 Please rate your satisfaction with your employer's Internet service provider on each of the following characteristics. Very dissatisfied Somewhat dissatisfied It's OK Somewhat satisfied Very Satisfied Customer service experience Data allowance (data cap) Price Reliability (frequency and length of service interruptions) Speed/Data Rate 110 Please rate your overall level of satisfaction with your current provider. Very Dissatisfied Somewhat Dissatisfied It's OK Somewhat Satisfied Very Satisfied 111 If your answers to the previous question(s) were that you are unsatisfied, what are the key issues you have with the current provider? 112 How often do you experience outages of an hour or longer due to connection problems or slow/inoperable speeds? 113 How likely would you be to recommend your business internet service to a friend? Very Unlikely Unlikely Neutral Likely Very Likely 114 Over the past few years, have internet speeds kept up with your needs? Yes No 115 Have you considered changing employers as a result of limited access to high-speed, broadband internet services? Yes No Maybe 116 How important is improved internet service to your business/organization today? Not important Somewhat important Very important Not sure, would like to learn more 117 How important do you think improved internet service will be to your business/organization in the next few years? Not important Somewhat important Very important Not sure, would like to learn more 118 Do you have any other comments, questions, or concerns about your current or future Internet service? 119 Avon's Broadband Future 120 Do you consider internet to be an essential public infrastructure similar to electricity, water, and transportation? Yes No Not Sure 121 In your opinion, how important is fast, affordable, reliable, and universally available broadband to Avon in helping to improve the following community attributes? Not important Somewhat important Very important Quality of life Education (for children and adults) Economic development and jobs (including work-at-home and home based business) Health care (remote health care, virtual doctor visits) 122 How well do you think the current providers meet these needs? Not at All Bare Minimum It's OK Mostly Very Well 123 When considering a company for broadband services, how important are the following characteristics of that company? Not important Somewhat important Very important Is locally owned Provides excellent customer service Is involved in the community Uses the best available technology Price 124 How strongly do you feel that the Town needs to help coordinate better broadband? 1 = Not At All 5 = Strongly feel there is an issue and would like the Town to coordinate 125 If a new provider (public or private) built a fiber network in Avon offering superior service for a competitive price, how likely would you be to switch from your current provider(s)? 1 = Certain to NOT switch 5 = Certain to switch 126 If the Town were able to help facilitate better or more reliable, high-speed internet services, how likely would you be to switch internet providers? Very Unlikely Unlikely Neutral Likely Very Likely 127 Additional comments, questions, or concerns 128 We appreciate you taking time to participate in this survey! Please click SUBMIT below Submit Appendix C: Submitted Survey Comments Group Question Comments Re s i d e n t s If your answers to the previous question(s) were that you are unsatisfied, what are the key issues you have with your current provider? Download and upload speed are out of alignment. I don't need 920 down... anything above 300 is fantastic. But upload speed being capped at around 30 is no longer sufficient with today's needs (video conferencing, gaming, etc). I wish Comcast would take away some of the download speeds and bump up the upload speeds. Also, the only way to get the 30 upload speed is on their most expensive plan which is almost $100 a month. That's super expensive for residential broadband. It's not so much the provider as it is the building. the building refuses to upgrade the wires except that I was told by comcast that board members used reserve account money to upgrade their own units but wouldn't do it for the building. Now we have new board members so maybe there will be incentive I upgraded to Comcast's Gigabyte service, and as the speed test I just completed attests, I get it - when it's working. Having an issue lately of dropping the connection, and my audio/visual company is trying to determine if its a Comcast problem or an issue with my equipment. Don't know the conclusion yet. Cost and dependability Internet is almost unusably slow, cannot have more than 2 devices connected at once Frequent outages since ive been working from home, I'm noticing that the internet connection drops out at least once a week. its a problem when I'm on a conference call with a client. Speed and reliability Comcast customer service is absolute garbage. Pricing is too high and the constant push for packages and contracts is aggravating. Using my own router causes problems on their system so I am forced to pay $14/month to rent their terrible equipment. Cost "Long waiting lines at the store in Avon. Phone support can be a convoluted time suck." no choice No choice or competition in my area. Comcast is the only real option. Customer service sucks. Issues take multiple visits to resolve because techs would not take my input based on experienced problems seriously. unreliability, television streaming is 'spotty', when there are many users it gets slow Slow inconsistient service. Poor coverage for wifi. It blinks Xfinity telephone customer service is infamous for being horrible. It's hard to imagine it could be any worse than it is. Price Really poor connectivity. My internet drops while I’m teleworking constantly and at night while doing yoga to unwind or watching movies. Price....too expensive The service provided does not not align with the cost associated with it. The price and speeds are not competitive with the world or even other areas in the country. My bill for internet only with Comcast has gone up over $30 since the first of the year. During the height of ski season, there are times that the internet speed and availability is reduced for several hours a day. Outages and slowdown on an almost daily basis. Data download speed is less than 1/10th of advertised. "Streaming is spotty Slow" Ethernet interruptions Weekly, if not daily interruptions in service. Slow speeds at times as well. Slow speeds. High cost. The tech has repeatedly told us there are infrastructure issues that Centurylink refuses to address Comcast is expensive and hard to work with. They always manage to come up with ways to make it more expensive by ratcheting up prices over time. Price Do you have any other comments, questions, or concerns about your home Internet service? we really don't have a choice. We had century link at one time, but it was terrible. I think coomcast/xfinity is the only reliable choice in our area. data limits are a problem since working and school from home. We receive a bulk rate for internet and tv through Comcast for our condo association which makes it affordable. Our buildings are old and while we can have highter speeds for the same price, our infrastructure will not spport higher speeds. We have no issues with Comcast and DO NOT want to see Avon make in changes in our ability to get and use Comcast. Please don't continue to expand what the town tries to do. Focus on effectively and efficiently managing the programs you already have. I'm not trying to be offensive or insensitive to Council Members or town employees, but let's try to do well at necessary and essential government functions. Don't stick your fingers in another area that will waste money and be inefficiently managed. it would be nice to have more high speed options so there is some competition & then possibly better consistency & rates Is the town trying to force 5G upon us? 5G is dangerous to humans and animals. Do not put profit above people! Internet access is not the ultimate goal of life. It is not a place where the town should be involved. what other options do I have? "Every home within the town of Avon should have access to a fiber internet connection for a reasonable fee per month with zero data caps. Internet is now an essential home utility, not a luxury service. If the town won’t provide fiber to home internet then they need to invest in 5G home internet service. " We have a bulk rate through our condo HOA assn. "NO choice wildridge has gotten better but it has been a battle" It would be nice to have a choice other than xfinity No choice or competition in my area. Comcast is the only real option. I believe there needs to be investment in better infrastructure such as high speed fiber optic transmission systems and improved hardware solutions that are affordable and improve the reliability and cost of the current options. The need for higher speeds is only going to increase in the future so investments now will pay off in the long run. A satellite based service might be bettet My download speed is supposed to be about twice as fast as what I'm getting but I can live with this. Ten years ago there were far more frequent service outages in Wildridge and now they are rare. Telephone support from Xfinity is still the pits. In the big picture I'd still rather have them do it over the town of Avon or the Eagle county government. Hard to separate cable and Internet It is impossible to get ahold of anyone in a timely manner. Going in person is never a good experience. The bill is different-every time they change it. Comcast is REALLY bad. I have been told by people who work for the government of Avon, that we as residents have no choice available for internet service, it's Comcast (Xfinity) or nothing. It's hard to believe that a corporation can have this much power fro so long. Don't really have an option on internet service. As of now the only choice our apartment complex (The Piedmont) offers is service from Forethought. Hopefully that will change soon so we can see options for other services and price points. However, I do like that Forethought is a local independently owned company....NOT COMCAST! We plan to continue with their services if possible. I have complained and have been on the phone with Comcast/Xfinity so much this year and have replaced everything possible that, finally, we are getting decent internet that is not dropping out daily. This has been awful getting to the point, but it is somewhat reliable now. The only thing that makes the price not awful is that we can bundle our cell phones and the cell package is very cheap which makes total internet, cable, and phone <$200/mo which is reasonable. However, cell phone service is even worse than internet and we tried having a cell booster installed and the professionals installing could not get that to work so we cannot even use a booster. Trade off of a beautiful place to live-slow internet. But as the world changes, it becomes more of a necessity. Especially with limits in public spaces during Covid. Bu s i n e s s If your answers to the previous question(s) were that you are unsatisfied, what are the key issues you have with your current provider? data limits and reliability issues Customer service, price The internet is so slow and can't have multiple devices on at the same time No choice Customer service sucks. Issues take multiple visits to resolve because techs would not take my input based on experienced problems seriously. I can't think of another company that has worse telephone customer service than Xfinity. With that said I'd still rather have them as my service provider rather than the town, county, state or federal government. Ethernet interruptions Slow speeds, high price Do you have any other comments, questions, or concerns about your current or future Internet service? Comcast is one of the worst companies / service providers; there’s got to be better options Please don't continue to expand what the town tries to do. Focus on effectively and efficiently managing the programs you already have. I'm not trying to be offensive or insensitive to Council Members or town employees, but let's try to do well at necessary and essential government functions. Don't stick your fingers in another area that will waste money and be inefficiently managed. no choice We upgraded the property last fall to Xfinity service to each of 123 condos. It has been working great since they rewired the property and installed new modems to each condo. The cost listed below includes the cost to each condo. I would like another choice, other than satellite It would be nice to see more competition from other companies providing internet service in this area. I hope the government doesn't prevent companies from providing service in this area. Bo t h a R e s i d e n t a n d B u s i n e s s O w n e r – R e s i d e n t i a l An s w e r s If your answers to the previous question(s) were that you are unsatisfied, what are the key issues you have with your current provider? Cost and dependability Long waiting lines at the store in Avon. Phone support can be a convoluted time suck. no choice Ethernet interruptions Do you have any other comments, questions, or concerns about your home Internet service? we really don't have a choice. We had century link at one time, but it was terrible. I think coomcast/xfinity is the only reliable choice in our area. data limits are a problem since working and school from home. Please don't continue to expand what the town tries to do. Focus on effectively and efficiently managing the programs you already have. I'm not trying to be offensive or insensitive to Council Members or town employees, but let's try to do well at necessary and essential government functions. Don't stick your fingers in another area that will waste money and be inefficiently managed. "NO choice wildridge has gotten better but it has been a battle" As of now the only choice our apartment complex (The Piedmont) offers is service from Forethought. Hopefully that will change soon so we can see options for other services and price points. However, I do like that Forethought is a local independently owned company....NOT COMCAST! We plan to continue with their services if possible. Bo t h a R e s i d e n t a n d B u s i n e s s Ow n e r – B u s i n e s s A n s w e r s If your answers to the previous question(s) were that you are unsatisfied, what are the key issues you have with your current provider? data limits and reliability issues No choice Ethernet interruptions Do you have any other comments, questions, or concerns about your current or Please don't continue to expand what the town tries to do. Focus on effectively and efficiently managing the programs you already have. I'm not trying to be offensive or insensitive to Council Members or town employees, but let's try to do well at necessary and essential government functions. Don't stick your fingers in another area that will waste money and be inefficiently managed. future Internet service? no choice Vi s i t o r / T e m p o r a ry R e s i d e n t If your answers to the previous question(s) were that you are unsatisfied, what are the key issues you have with your current service? Too expensive Download delays Em p l o y e e i n A v o n (L i v e E l s e w h e r e ) If your answers to the previous question(s) were that you are unsatisfied, what are the key issues you have with the current provider? speed and reliability (970) 748-4040 jmackey@avon.org TO: Honorable Mayor Smith-Hymes and Council members FROM: Chief Greg Daly and Sergeant John Mackey RE: Proposal for Department Wide Individually Assigned Take Home Patrol Vehicles for all Sworn Officers DATE: July 26, 2022 SUMMARY: Recruitment and retention are currently two of the hardest challenges facing policing in the United States. Unfortunately, the Avon Police Department has not been immune to these challenges, particularly in the last year. In the past, we have had ten to fifteen applicants for one police vacancy. Now, we are lucky to receive one application. We have been extremely fortunate to attract some excellent candidates locally who want to serve, but the process has been immensely challenging. As a Town we are constantly reviewing our salaries, benefits, and sign on bonuses (which we do not currently offer) against our direct competitors Vail PD and the Eagle County Sheriff’s Office. We also evaluate against Summit County Sheriff’s Office, Silverthorne PD and Breckenridge PD. However, we are currently suffering from a competitive disadvantage, that is, a take home car policy for all officers. All other law enforcement agencies in Eagle County have instituted an individual take home car policy to include Vail PD, Eagle PD, Eagle County Sheriff’s Office, Basalt PD, and the Colorado State Patrol. MANAGERS COMMENTS: I support moving to assigned vehicles for each officer. Chief Daly and Sergeant Mackey have analyzed the benefits and incremental costs. First and foremost, I see this as an important recruitment and retention policy that matches existing policies with our neighboring law enforcement agencies. There are other valuable benefits in response time and reduction in vehicle maintenance costs. BACKGROUND: The Avon Police Department has traditionally had a take home car policy for Chief, Deputy Chief, Sergeants, and Detective. Chief Daly previously submitted a council report explaining the rationale for the current APD take home policy. That previous report is attached to this report. Our twelve police officer positions share six assigned cars, two officers per car. Officers are authorized to drive their assigned vehicles to their residence during their three day or four-day duty tours. Officers work 11.5-hour shifts, with three days on, three days off, four days on, four days off over a 14 period. The schedule changes every four months and officers have to work at least one rotation of day and night shifts within the calendar year. This proposal requests the purchase of six additional police Hybrid Ford Interceptor vehicles to achieve a department wide, one to one vehicle, assignment for all officers. The estimated cost to this once off purchase is $450,000. Note that the average cost of vehicles has recently jumped from $39,500 for a Police Ford Hybrid Interceptor to $45,000. The proposal requests that the purchase price and emergency equipment upfit cost of these vehicles would come from the Capital Projects Fund AKA Capital Improvement Program (CIP). A replacement funding schedule will be set up, whereby the police department budget will transfer funds annually over a six to Page 2 of 7 seven-year period for future replacement of the vehicles. We will aim for a seven-year replacement but as the vehicle nears 100,000 miles, maintenance costs increase significantly and auction resale value decreases. We will continue to evaluate the overall fleet on an annual basis. Craig Wilmers, Fleet Manager has an order in for two F-150 Lightning Electric Vehicles (costing approximately $50,000 per vehicle) for our Facilities Department since January 2022. It would appear that it may be up to two years before delivery for these highly sought-after vehicles. As a Town we will evaluate these incoming vehicles as possible future replacements for our Hybrid vehicles. We will evaluate the F- 150 Lightning’s ability to operate in the Avon summer and winter environments and also evaluate charging station needs (approximately $75,000 for a Type II, $35,000 for a type III) and at home charging requirements for future vehicle replacements. The primary reasons for take home cars are as follows: Recruitment and retention tool. With an additional six vehicles we would match Vail PD, Eagle County Sheriff’s Office, Eagle PD, Basalt PD, and the Colorado State Patrol with an individually assigned take home patrol vehicle program. Vail PD have expanded from six take home vehicles with an aim to get thirty-two (32) take home vehicles, for thirty-two sworn officers. Vail PD has a plan to hire an additional four overhire patrol positions. Vail PD authorizes officers to commute from home up to a limit of 45 minutes’ drive time. The Eagle County Sheriff’s Office purchased eleven (11) new Ford interceptor Hybrids to be able to continue to provide a one-to-one take home policy for each deputy. Deputies can drive up to 70 miles outside of the county border into Garfield County in their assigned take home vehicles. The Eagle County Sheriff’s Office currently has forty- six (46) "patrol" vehicles. This does not include detective's, administration, and jail vehicles. Emergency response capability - emergency response back to Avon while officers are on their way home, while on their way into work, or when officers are off duty and there is a need to respond with lights and sirens to an emergency in town with all emergency response equipment on board. All Avon PD officers live in Gypsum, Eagle and one in Dillon. There is currently no available attainable affordable housing currently in the Avon Area. There will be a slightly longer replacement schedule for single assigned vehicles versus two officer assigned vehicles. Currently there is a five-year replacement schedule on dual officer assigned vehicles. Single officer assigned vehicles could increase replacement to six/seven years, based on mileage, maintenance costs and performance. One to one vehicle assignment typically increases pride in ownership, accountability, and longer useful life out of patrol vehicles. One to one assignment can increase officer morale. Achieving Climate Action Collaborative goals and reducing overall carbon footprint. Officers would drive more fuel-efficient Hybrid vehicles versus older personal cars and some larger personally owned less efficient trucks. Specialized officers like SWAT and crime scene investigators can carry their assigned equipment in their take home vehicles, reducing the time of having to come to the PD to collect and transfer that equipment. Transferring this equipment at the start and end of shifts currently accumulates lost employee work hours. A design evaluation of a possible car port to cover and store vehicles at the PD has come in at approximately $800,000. There would not be a need for a car port if all vehicles were take home vehicles. A byproduct of increased traffic safety on Interstate 70 where marked vehicles are driving westbound and eastbound. Motorists slow down and obey traffic laws when they observe police Page 3 of 7 vehicles on the interstate. Additionally, officers may stop and offer assistance on motor vehicle accidents until the Colorado State Patrol is on scene. Here are some take home vehicle studies: Police Vehicle “Take Home” Study. The most comprehensive study regarding take home vehicles was done by the City of Tacoma, Washington. They used the outside consulting firm of Mercury Associates. The lead analyst was a professor from the University of North Carolina. The consultant’s report compared a fleet of 30 assigned vehicles to a pool of 34 vehicles. The study covered an 8-year accounting period. In this study they found the following: 1. Operating costs per mile were 30% lower for assigned rather than pooled vehicles. 2. Pooled vehicles had to be replaced every 20 to 26 months compared to an average of 60 months for assigned vehicles. 3. Officers who take vehicles home typically render a significant amount of service while “off- duty”. 4. One of the most significant reductions for assigned vehicles was due to lower accident and damage repair costs. The City of Tacoma found that a pool vehicle averaged $8,400 in damage, while an assigned vehicle required only $1,375 per year. Over the 8-year period, a fully assigned vehicle fleet would generate a total of $189,000 in accident and damage work compared to $365,000 for a full fleet of pooled vehicles. 5. On average when using a pool car, it took between 28 to 40 minutes per day to check-out, load, and/or unload their pool car. On average a pool car was unavailable 5.6 days a month due to repairs, lost keys, etc. Changing to another car averaged 25 minutes, thereby adding an additional eight minutes per day to non-productive time. This equates to approximately 13 non-productive days per year. This does not include the paid time officers may take to get into uniform once they arrive at the station. 6. The City of Tacoma found it was better for deputies to have take-home cars. The analysis showed the City saved $200,000 a year by just not having to provide a secured parking facility for 263 police vehicles. Additionally, the consultants provided a neighborhood questionnaire and survey to all of Tacoma’s neighborhood councils regarding take home vehicles. The responses indicated they believed the two most important benefits of an assigned take-home vehicle program were: quicker response and to deter crime. The two biggest concerns were vehicles get too much extra wear and tear and it provides incentive for officers to live outside of city. https://studylib.net/doc/7808456/police-vehicle-take- home-study Take-Home Vehicle Program, William M. Woods. In this analysis, several studies were consulted for this paper; each study contained analysis of the benefits and costs associated with a take-home vehicle program. With 96% of the surveyed agencies saying they feel a take-home vehicle program is beneficial to their community. Research showed that take-home vehicle programs increased the opportunity for officer contacts, rapid deployment, and availability of personnel to quickly respond. Within the extensive research by D. Lauria (2007) for Tacoma, Washington, and Smith and Banyan (2010) for Cape Coral, Florida, the following advantages were evident for take-home vehicles: • Rapid response to emergency call outs. • Vehicles last longer than fleet cars due to better maintenance and care. • Time saved without having to check and move around personal equipment. • Increase police visibility. Page 4 of 7 • Major selling point in recruiting. • Increase officers’ morale and enhance their overall professional image. • Saves government money in the long run. https://www.fdle.state.fl.us/FCJEI/Programs/SLP/Documents/Full-Text/Woods,-William- paper Assigned Vehicle Program, Pima County Sheriff’s Department, Arizona, discussed all aspects of a take home vehicle program from increased vehicle longevity, maintenance, force multiplier to Homeland Security. https://www.pimasheriff.org/application/files/5415/6346/6464/Assigned_Vehicles_Program. pdf CURRENT FLEET: Vehicle Number Assigned to Purchase year Replacement year 352 Chevy Tahoe Chief 2016 2022 354 Chevy Tahoe Deputy Chief 2018 2024 353 Chevy Tahoe Officers 2018 2023 355 Chevy Tahoe Sergeant 2018 2023 357 Chevy Tahoe Sergeant 2019 2024 358 Chevy Tahoe Officers 2019 2024 359 Chevy Tahoe Officers 2019 2024 360 Chevy Tahoe Sergeant 2019 2024 349 Crashed Chevy Tahoe- being replaced by Ford F-150 Hybrid Officers 2016 2022 361 Chevy Tahoe Det. Sergeant 2019 2025 362 Chevy Tahoe Detective 2019 2025 363 Ford Hybrid Interceptor Code enforcement/ backup patrol vehicle 2020 2026 364 Ford Hybrid Interceptor Officers 2021 2027 365 Ford Hybrid Interceptor Sergeant 2021 2027 366 Ford Hybrid Interceptor Officers 2021 2027 Page 5 of 7 367 Ford Hybrid Interceptor Sergeant 2022 2028 337 Ford Hybrid Escape Travel vehicle for police academy recruits 2009 To be replaced by Comm Dev 2018 Rav 4 which in turn is to be replaced by a VW ID4 EV CURRENT FLEET FINANCIAL INFORMATION (based 2022 budget financials) Current PD fleet cost 311 Administration 312 Patrol 313 Investigations Totals Vehicle/ Equipment replacement transfer from PD budget $42,139 $175,916 $17,615 $235,670 Fuel $5,123 $32,153 $6,244 $43,520 Maintenance $6,240 $49,826 $7,332 $63,398 Insurance $4,117 (additional $2,523.78 for trailers not included here) $4,117 CERF transfer for in car computers $10,850 Axon fleet annual charges for in car cameras $29,952 Overall fleet total $387,507 FINANCIAL CONSIDERATIONS: Breakdown of Purchase Cost per vehicle: Purchase price of vehicle $45,000 (Ford Hybrid Interceptor) Emergency equipment upfit- lights, sirens, push bar, prisoner/detainee compartment, equipment vault $20,000 Mobile Data Terminal (in car computer) $3,400 In car camera system $2,496 E-citation software, printer, annual maintenance $850 Verizon cellular plan for MDT and in car camera $516 Page 6 of 7 Total cost of vehicle $72,262 Breakdown of annual cost per vehicle: In car camera Axon annual cost $2,496 Fleet maintenance cost $4,500 Gas (approximately 16,000 per year at average 24 miles per gallon @ $4.22 per gallon $2,813 CIRSA vehicle Insurance $240.73 Verizon cellular plan $516 CERF transfer for in car computer $875 Total $11,441 Breakdown of Capital Equipment Replacement Fund (CERF) annual transfers Purchase Less auction value at Year 7 Year 1 $72,262 /7 year Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Replace ment Cost $72,262 $5,000 $9,608 $9,608 $9,608 $9,608 $9,608 $9,608 $9,608 $72,262 Additional six vehicles future costs per year Vehicle replacement transfer $57,648 In car camera Axon annual costs $14,976 Fleet Maintenance $27,000 Fuel $16,880 CIRSA Insurance $1,444 Verizon cellular plan $516 per car $3,096 Page 7 of 7 CERF transfer for in car computer $875 per car $5,250 Total additional costs $126,294 Current fleet annual cost to include Capital Equipment Replacement Fund (CERF) transfers, fuel, maintenance, axon in car camera plan, in car computer CERF transfer and insurance- $387,507. Cost per each additional vehicle to include purchase price, emergency equipment, in car computer, in car camera system, e-citation software, printer, annual maintenance, Verizon cellular plan- $72,262 Annual cost for each additional vehicle to include in car camera Axon annual cost, Fleet maintenance cost, Gas, CIRSA vehicle Insurance, Verizon cellular plan and CERF transfer for in car computer- $11,441 x 6 = $68,646 Annual CERF transfer for six vehicles from PD budget over a 7-year period- per vehicle is $9,608 x 6 = $57,648 Total annual costs for six additional vehicles per year to include Vehicle replacement transfer (CERF), Fuel, Maintenance, and Insurance- $126,294 New total would be $387,507 plus $126,294 = $513,801 Thank you, Chief Greg Daly, and Sergeant John Mackey ATTACHMENT A: Avon Town Council Report “Police Take Home Vehicles” January 19, 2021 ### (970) 748-4049 gdaly@avon.org TO: Eric Heil, Town Manager CC: Mayor Smith Hymes and Council Members FROM: Greg Daly, Chief of Police RE: Police Take Home Vehicles DATE: January 19, 2021 SUMMARY: This report is submitted at the request of the Town Manager to provide comprehensive information on the current policy of providing individually assigned take home vehicles for a portion of the Avon Police Department personnel. The Avon Police Department assigns individual vehicles to the Chief, Deputy Chief, Sergeants and Detective who have extensive on call responsibilities. These individuals are not financially compensated for their extensive on call responsibilities. This document provides an analysis of the facts regarding the rationale for the current assignments, costs of those vehicles, comparisons with surrounding Eagle County and other Peer Law enforcement agencies and examples of when these individually assigned vehicles have been used outside of normal work schedules. TOWN MANAGER’S COMMENTS: Based upon a review of the incremental costs of take-home vehicles, benefits in response time, benefits in recruitment and retention, and review of the policies in peer communities, I believe the current policy and practice of individually assigned take home vehicles is appropriate. I do not recommend any change at this time. BACKGROUND: For at least the last fifteen (15) years, Avon Police Department personnel who are subject to on call responsibilities have operated individually assigned vehicles (IAV) These vehicles are referred to as “take home” and are town owned and maintained emergency response vehicles. The staff members with extensive on call responsibilities include the Chief, Deputy Chief, Sergeants and Detectives. Prior to the last fifteen (15) years, Avon Police officers had a one to one vehicle plan, where all officers and supervisors had an individually assigned take home vehicle. There are currently nine (9) individually assigned take home vehicles. The nine (9) vehicles are assigned to the Chief, Deputy Chief, five (5) Sergeants, Detective Sergeant and one (1) Detective. Current Avon Police Department vehicle fleet: o Six (6) black and whites - with two (2) officers assigned to each vehicle (from opposite sides of the work week) Note: At least one vehicle, sometimes two, are regularly down at fleet for preventive maintenance, warranty work or in need of repairs. o Nine (9) assigned take home vehicles Five (5) are unmarked (Chief, Deputy Chief, Detective Sergeant, Detective and part time Sergeant) and four (4) are black and whites for the four (4) patrol sergeants. o One (1) community response vehicle (Ford hybrid interceptor) - for Community Response Officer duties but also as a backup vehicle when a patrol vehicle is down for repairs or maintenance REPORT: Police Take Home Vehicles January 19, 2021 Page 2 of 22 o One (1) older 2009 Ford hybrid pool vehicle (hold over, fully paid off) for police cadets to commute to the police academy. The cost benefit analysis definitively points to using this older (paid off) fuel efficient hybrid versus paying significant fuel mileage cost for personal vehicle use (56c per mile). BENEFITS OF INDIVIDUALLY ASSIGNED TAKE-HOME VEHICLES: The main rationale for an individually assigned take home emergency response vehicle is described as follows: o Supervisors and detectives can respond from their residence in their Town-maintained emergency response vehicles, at times, using lights and sirens to get safely to an emergency incident in Avon. o Supervisors and detectives respond with all their assigned emergency equipment to include their rifles and other equipment. This provides an appropriate response time both to fellow officers who need an expeditated response and to the citizens, residents and guests of Avon who have come to expect a high level of professional response by their police department. o Equipment carried by supervisors and detectives (not including SWAT equipment); electronics e- ticket printer, mobile data terminal, charging cables, finger print scanner, portable breath testing device, window tint meter, material hazard materials book, victim resource books, domestic violence investigation forms, accident info exchange forms, Colorado revised statute blue book, multiple forms, parking ticket envelopes, statements, business cards, posse box, patrol bag apparel high visibility vest, high visibility jacket, warm jacket, warm gloves, hats, yak tracks, snow shoes (some supervisors) gear eye protection, ear protection, protective arrest control gloves, personal protective equipment (PPE), flashlights, spit hoods, anti-bite hoods, RIPP leg restraint, belly handcuff restraint belts, aggressive prisoner restraint, flex cuffs, hand sanitizer, masks, PPE gowns, PPE nitrile gloves, plate carriers, dog catcher tools investigatory tools cones, flares, roll- a-tape, marking chalk, crime scene tape, latent print kit, NIK drug testing kits rescue gear swift water/lake ice rescue gear, breaching tools, 40 mm launcher sight sound diversionary device (flash bangs) in magazine, shield, first aid kit, Narcan, AED, blankets, fire extinguisher, less lethal shotgun, active shooter bag, trauma kit, unlock tools, spike strips, glass breaker, wildland fire evacuation marking tape roll firearms breaching shotgun (if certified), breaching rounds, rifle, extra ammo. SWAT for those supervisors with SWAT responsibilities; SWAT heavy vest, SWAT uniforms, helmet, rifle shield, snowshoes and poles (Exhibit C) o Supervisors/detectives who are not on call can be summoned to a town wide emergency with all of their response equipment like a wildland fire or gas line fire. For example, in an emergency, multiple supervisors can respond to Town with all of their emergency equipment and efficiently respond directly to a scene e.g. structure fires at Chambertin, Beaver Bench fires x 2. Another example was the officer involved shooting at Walgreens, where Deputy Cosper was on his way home from work in his assigned vehicle and was able to turn around and arrive on scene as the shots were fired. Chief Daly and Sgt. Churches were able to respond from their residences directly to the incident scene with all needed response equipment. o There is a lot of evidence/literature/research that individual assigned take home cars are better maintained and last longer than those vehicles that are pooled or shared. https://pimasheriff.org/application/files/5415/6346/6464/Assigned_Vehicles_Program.pdf https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=175458 (Cost-Effectiveness and Officer Morale of a Personally Assigned Vehicle Patrol Program: A Comparative Analysis) REPORT: Police Take Home Vehicles January 19, 2021 Page 3 of 22 o All other agencies in Eagle County operate one to one car plans for supervisors and detectives and the majority of agencies in Eagle County operate a one to one car plan for all of their officers/deputies or troopers. o Individually assigned take home vehicles are a recruitment and retention benefit so that Avon is comparable and competitive with other public safety agencies. There is significant job retention related to individually assigned patrol vehicles. Basalt Police Department has a current job advertisement with the statement “Take home vehicles are issued to all Officers. Limited up to Silt” (copy of job advertisement attached as Exhibit B) o Only four of the assigned take home cars are black and whites, driven by the four patrol sergeants. Effectively there is a more visible Avon PD vehicle traveling and returning from the west of county approximately once every twelve (12) hours. o The current estimated commuting miles per year for the nine assigned vehicles is 89,018. The estimated fuel cost is $7,363 (approximately .175% of PD budget) (2021 PD budget is $4,194,557) The estimated maintenance for the same commuting miles is 89,018 miles x .25c= $22,254.50 (.53% of budget). Combining both fuel and maintenance is $29,617.50 per year, .7% of PD budget and on average $3,290.80 per vehicle per year. o On call expectations include that the supervisor or detective will not consume alcohol while they are on call, that they will be within a reasonable period of time to respond back to their residence if they have to respond to an emergency in town and they are required to have their work cell phone with them. If they are going to be out of cell phone coverage, they ensure that there is another supervisor available etc. We have policies covering take home vehicles and on call expectations; GO 920 APD Vehicle Operations and GO 1210 Off Duty Requirements & Manpower Availability o If supervisors/detectives were to drive their non-town maintained personal vehicle to Town, under emergency circumstances, if anything were to happen to them as they respond, for example, they were involved in a motor vehicle accident, they would be under town work comp (as they are paid from when they receive a page or phone call) and also their personal vehicle may have to be covered by the town if required to respond in a personal vehicle. Per the Colorado Intergovernmental Risk Sharing Agency (CIRSA), insurer for the Town of Avon, if the employee were driving in the performance of their duties and within the scope of their employment and had an accident that was their fault, CIRSA would pay the liability loss, including any 3rd party bodily injury or property damage to anyone else who is injured. Any physical damage to the car itself may have to be paid by the employee’s insurance but that would need to be a decision by the Town regarding damage to a personal vehicle while in the performance of their duties. Any loss amount paid on liability could impact the town’s loss experience and future contributions. If someone else is at fault and the employee was driving within the course and scope of their duties, CIRSA would pay the claim and subrogate against the at-fault party. This could happen in a vehicle that is not maintained by the town fleet department and driving on tires that are not mounted or maintained by fleet mechanics. o Under Internal Revenue Service (IRS) rules, use of a qualified nonpersonal use vehicle, including commuting, is excludable to the employee as a working condition fringe benefit if the specific requirements for the type of vehicle are met. A qualified nonpersonal use vehicle is any vehicle that the employee is not likely to use more than minimally for personal purposes because of its design. REPORT: Police Take Home Vehicles January 19, 2021 Page 4 of 22 Qualified nonpersonal use vehicles generally include: Clearly marked police, fire or public safety officer vehicles or unmarked vehicles used by law enforcement officers if the use is officially authorized; https://www.irs.gov/pub/irs-pdf/p5137.pdf o Personal vehicles do not have gun locks or secure gun vaults storage for weapons. If a department issued weapon were stolen from a personal vehicle, there would a significant public safety concern and potential legal liability. o Many police supervisors carry light/sound diversionary devices (flashbangs) in their assigned vehicles as less lethal tools to resolve critical incidents. The Federal Bureau of Alcohol, Tobacco and Firearms regulates explosive devices and dictates that these devices must be transported in an official designated emergency response vehicle with a type 3 explosive magazine preferably within a weapons vault. We keep these explosive magazines in the weapons storage vault in our assigned emergency response take home vehicles. o Avon PD supervisors and detectives regularly assist Eagle County Sheriff’s Office or the Colorado State patrol with traffic accidents on the Interstate between Avon and Gypsum. This reflects the excellent cooperation and partnership with our neighbors in Eagle County. We have excellent working relationship with the Eagle County Sheriff’s Office and Colorado State Patrol where deputies/ troopers will respond to assist Avon Police Officers on critical incidents. In turn, Avon Police Officers will respond out to the county to assist on critical calls. We have an intergovernmental agreement with the Eagle County Sheriff that allows Avon Police Officers to take enforcement action within one quarter mile of Town limits, on DUI/Drug Task forces, on the Eagle County Special Operations Unit (SWAT) and if an Avon Officer observes a public safety traffic concern while they are in unincorporated Eagle County. o There are four (4) supervisors who are also assigned to the Eagle County Special Operations Unit. With IAVs, they have all their assigned SWAT equipment and can react from home to Avon and to anywhere in the county to assist on a SWAT call. o As compared with other agencies, we only assign take home vehicles to those positions with on call responsibilities except for the two (2) patrol SWAT officers (who are on call for SWAT call outs) who must move their gear back and forth between their personal vehicles and their assigned patrol vehicles every shift. Note: as one SWAT officer was moving his SWAT gear from his personal vehicle and preparing his patrol vehicle for shift, he broke his ankle on black ice in the PD parking lot. o The four-patrol sergeants operate on four different time frames. One sergeant is on days and one sergeant on nights, Sunday through Tuesday with alternate Saturdays. The other two sergeants work a day shift and a night shift on Wednesday through Friday and work alternate Saturdays. The Detective Sergeant works Monday through Thursday and the Detective works Tuesday through Friday. The part time sergeant works a variable shift depending on department requirements. The Chief and Deputy Chief work predominantly Monday through Friday with extensive hours, sometimes late into the night (community outreach events, meetings and town council meetings) or early in the morning. Overall, there is a lot of fluidity in shift schedules and far from a 9-5 existence in other departments. There is no ability to carpool due to varying schedules and each supervisor and detective carries extensive emergency response equipment in their individually assigned emergency response vehicles. As mentioned earlier, all other Eagle County law enforcement REPORT: Police Take Home Vehicles January 19, 2021 Page 5 of 22 agencies have individually emergency response vehicles assigned to their supervisors and detectives. o All Avon PD officers live in Eagle or Gypsum (with one in Dillon) due to the traditional cost of housing in Avon versus the west end of the county. There is no employee housing in Avon available to Avon Police Officers. Nearly all Aspen PD and Snowmass PD officers live within their jurisdictions in employee housing. o Ancillary benefits for our sister communities are police cars parked outside of homes, elevating the safety and security to that neighborhood. o There is also the safety benefit of traffic on I-70 as Avon Police vehicles drive west and east, contributing to slowing traffic to the speed limit and enhancing traffic safety and reducing traffic accidents. ANATOMY OF A RESPONSE BY SUPERVISORS/ DETECTIVES SUMMER TAKE HOME CAR 1. Receive notification by phone at home and get sizeup of situation. Give initial guidance/direction/instruction to officers. 2. Turn on mobile handheld radio and monitor the situation while getting dressed. 3. Carry less lethal shot gun and rifle out to patrol car and depart for Avon. 4. Monitor in car radio and give guidance/direction/instruction to officers a. If an event is in progress respond code 3 (lights and siren) (30.4 miles from DC Cosper’s residence in Gypsum: 23.36 minutes response time if 10 mph over posted speed limit. Can be shorter time if traveling faster. Lights and sirens assist with getting through traffic issues while en route to an incident. b. If event is not in progress respond routine speed (no lights and siren obeying posted speed limit signs) (30.4 miles from DC Cosper’s residence in Gypsum: 31 minutes response time) c. If there is construction, traffic control or accidents we can coordinate with CDOT, CSP, ECSO for clearance to proceed and use emergency lanes etc. 5. Respond to scene and take command of incident PERSONAL VEHICLE 1. Receive notification by phone at home and get sizeup of situation. Give initial guidance/instruction to officers. 2. Turn on mobile handheld radio and monitor the situation while getting dressed. 3. Depart for Avon in personal vehicle. REPORT: Police Take Home Vehicles January 19, 2021 Page 6 of 22 a. If event in progress respond routine speed (no lights and siren obeying posted speed limit signs) (30.4 miles from DC Cosper’s residence in Gypsum: 31 minutes response time) b. If event not in progress respond routine speed (no lights and siren obeying posted speed limit signs) (30.4 miles from DC Cosper’s residence in Gypsum: 31 minutes response time) c. If there is construction, traffic control or accidents you must obey and wait for clearance to proceed. d. Try to listen to handheld radio but is not as effective as the in-car radio. 4. Arrive at PD and obtain a patrol vehicle, war bag with documentation, e-citation, body camera, shield, less lethal shot gun, 40mm precision munition launcher and patrol rifle. 5. Carry equipment out to patrol vehicle (2 trips), start vehicle, stow equipment. 6. Conduct vehicle operational inspection for emergency lights and sirens. 7. Respond to scene and take command of incident. (If this is an assist down valley in Edwards, Eagle or even Gypsum where the officer began, additional response 60-mile round trip) WINTER TAKE HOME CAR 1. Receive notification by phone at home and get sizeup of situation. Give initial guidance/direction/instruction to officers. 2. Remote start patrol vehicle from inside house to thaw car while getting dressed. 3. Turn on mobile handheld set radio and monitor the situation while getting dressed. 4. Carry less lethal shot gun and rifle out to patrol car and depart for Avon. 5. Monitor radio and give guidance/direction/instruction to officers a. If event in progress respond code (lights and siren) (30.4 miles from DC Cosper’s residence in Gypsum: Response times are uncertain as road conditions may be hazardous) b. If event not in progress respond routine speed (no lights and siren obeying posted speed limit signs) (30.4 miles from DC Cosper’s residence in Gypsum: Response times are uncertain as road conditions may be hazardous) c. If there is construction, traffic control or accidents we can coordinate with CDOT, CSP, ECSO for clearance to proceed and use emergency lanes etc. 6. Respond to scene and take command of incident PERSONAL VEHICLE 1. Receive notification by phone at home and get sizeup of situation. Give initial guidance/instruction to officers. 2. Turn on mobile handheld radio and monitor the situation. REPORT: Police Take Home Vehicles January 19, 2021 Page 7 of 22 3. Go out and clean off car and thaw it out. 4. Go back inside and get dressed. 5. Depart for Avon in personal vehicle. a. If event in progress respond routine speed (no lights and siren obeying posted speed limit signs) (30.4 miles from DC Cosper residence in Gypsum: Response times are uncertain as road conditions may be hazardous) b. If event not in progress respond routine speed (no lights and siren obeying posted speed limit signs) (30.4 miles from DC Cosper residence in Gypsum: Response times are uncertain as road conditions may be hazardous) c. If there is construction, traffic control or accidents we must obey and wait for clearance to proceed. d. Try to listen to handheld radio but is not as effective as the in-car radio. 6. Arrive at PD and obtain a patrol vehicle, war bag with documentation, e-citation, body camera, shield, less lethal shot gun, 40mm precision munition launcher and patrol rifle. 7. Carry equipment out to patrol vehicle (2 trips), start vehicle, stow equipment. 8. Clean and thaw patrol vehicle. 9. Conduct vehicle operational inspection for emergency lights and sirens. 10. Respond to scene and take command of incident. (If this is an assist down valley in Edwards, Eagle or even Gypsum where the officer began, additional response 60-mile round trip) COMPARISON TO PEER COMMUNITIES: Supervisors and detectives from the Eagle County Sheriff’s Office, Vail PD, Eagle PD, Basalt PD and the Colorado State Patrol have individually assigned take home vehicles. In addition, every police officer, deputy, and nearly every trooper at the Eagle County Sheriff’s Office, Eagle PD, Basalt PD and the Colorado State Patrol have individually assigned take home cars. Vail PD has fourteen (14) individually assigned take home cars for chief, commanders, detectives, and some sergeants and officers. They have an additional eight (8) patrol vehicles, two (2) reserve patrol vehicles and three (3) code enforcement vehicles at the police department. They currently have a total of twenty-four (24) patrol vehicles. They have a plan to expand their individually assigned take home cars to all thirty-two (32) officers. Currently Vail PD provides one to one take home cars to 43.75% of their officers. Avon PD provides one to one take home cars to supervisors and detectives, equating to 42.86% of all officers (to include part time sergeant). The Eagle County Sheriff’s Office have fifty-four (54) individually assigned vehicles. Deputies travel to their individual residences in these assigned vehicles. Deputies can travel as far as Rifle (40 miles past the county border). REPORT: Police Take Home Vehicles January 19, 2021 Page 8 of 22 INDIVIDUALLY ASSIGNED VEHICLES BY VARIOUS AGENCIES Jurisdiction Number of Vehicles Supervisors & Detectives Have IAVs? Patrol Officers have IAVs? Notes Eagle County Sheriff’s Office 54 Yes Yes Deputies can take their vehicle to their out of county residence as far as Rifle (40 miles from county line) and to Leadville. Summit County Sheriff’s Office 54 Yes Yes Command staff are authorized to use as personal vehicle anywhere in the state. Vail Police Dept. 24 Yes, All detectives and majority of supervisors Yes, some officers have take-home cars on a pilot basis, with a desire that all officers have take- home vehicles 14 take home cars and 10 vehicles based at station (2 of 10 are spare vehicles) Vail is looking at a take home vehicle policy for all officers. There are an additional 3 code enforcement vehicles. Colorado State Patrol 16 (in Eagle County) Yes Yes (majority of Troopers have take- home vehicles) All troopers have take-home vehicles. There are car partners when CSP are fully staffed. Car partners are on opposite schedules, so one is on duty while the other is on days off. Avon Police Dept. 15 Yes No Eagle Police Dept. 12 Yes Yes Take home east to Vail and west to Glenwood Springs. Basalt Police Dept. 12 Yes Yes Officers can take home as far as Silt. Telluride Marshall’s Office 13 Yes Yes 11 for patrol and 2 for code enforcement. All deputes must live in county no further than 45 minutes out. $4 an hour for on call. Snowmass Village Police Dept. 11 Yes Yes Includes one traffic/ parking control vehicle that can function as a patrol vehicle and one community response/animal services Ford F150. Steamboat Police Dept. 15 No except one for on call detective and one for Chief No 9 for officers, 1 for animal control, 2 for community service officers, 1 for Detectives, 1 for commanders and 1 for Chief. Breckenridge Police Dept. 13 No except for Chief No Detective is not required to be on call. All officers are required to live within 40 miles of Breckenridge. They also have employee housing near the PD that officers can live up to 2 years in nice apartments at REPORT: Police Take Home Vehicles January 19, 2021 Page 9 of 22 about $1,000/mo. (about 30% of the officers). Frisco Police Dept. 10 No except for Chief (business and personal use) No Silverthorne Police Dept. 10 No except for Chief (business and personal use) No FINANCIAL COSTS/ CONSIDERATIONS; The current estimated commuting miles per year for the nine assigned vehicles is 89,018. Chevy Tahoe, average highway fuel consumption of 22 miles per gallon (fueleconomy.gov) equates to 4,046 gallons per year. Multiplied by current fuel cost of $1.82 per gallon = $7,363 (approximately .175% of PD budget) (Proposed 2021 PD budget is $4,194,557) (Exhibit A) The estimated maintenance for the same commuting miles is 89,018 miles x .25c= $22,254.50 (.5%) In respect, to carbon emissions, there is no potential carbon savings as the supervisors/detectives would be driving their own personal vehicles to Avon. Personal vehicles range from 2004-2006 minivans, to 2013 Ford F-150 to a 2019 Dodge Ram truck. Carbon emissions are based on the per gallon fuel consumption. The overall average mile per gallon fuel consumption from these vehicles is similar to that of the patrol vehicles. The cost differential between the IAV’s commuting to the west end of the county versus being permanently stationed at the police department is; 89,018 miles minus 15% for necessary west end meetings and for transports to Eagle County Detentions etc. = 75,665 miles Fuel: 75,665 / 22mpg x $1.82 per gallon = $6,259.56/ Maintenance: 75,665 x .25c per mile = $18,916.25/ Estimated Total cost differential = $25,175 (.6% of PD budget) REPORT: Police Take Home Vehicles January 19, 2021 Page 10 of 22 Individually Assigned Vehicle Patrol Ready (5 total) Individually Assigned Vehicle Command/Investigations (4 total) Initial Purchase and Equipping Initial Purchase and Equipping Equipment Cost Notes Equipment Cost Notes 1 Purchase of Ford interceptor vehicle $39,640 Covered through annual transfers from PD budget to the CERF fund Purchase of Ford interceptor vehicle $39,640 Covered through annual transfers from PD budget to the CERF fund 2 Cost of installing emergency lighting, siren, truck vault, $12,482.30 Cost of installing emergency lighting, siren and truck vault. $12,482.30 3 Prisoner compartment and graphics $3,819.10 Not installed and Not applicable 4 Cost of installing and annual cost of in car camera system $2,496 Line item in annual PD budget 5 Mobile Data Terminal (MDT) $3,400 Covered through annual transfers from PD budget to the CERF fund. Not all vehicles have a new CERF MDT. 6 Radar $1,975 Separate line item in PD budget. We haven’t replaced any in 2020 or 2021* 7 Cost of purchase of eCitation printer (over 5 years), annual software cost and annual maintenance cost $1,029 for printer Covered through annual transfers from PD budget to the CERF fund Notes: *We have $7,500 per year in PD budget for radar replacement on a five (5) year basis. Total Cost to Purchase and Equip Each Patrol Ready Vehicle $64,841.40 Total Cost to Purchase and Equip Each Command/Investigations Vehicle $52,122.23 Total Cost of 5 Vehicles $324,207 spread over 6 years Total Cost of 4 Vehicles $208,488.92 spread over 6 years Total Cost to Purchase and Equip 9 Vehicles $532,695.92 spread over 6 years (avg. $9,864.73 per car per year) REPORT: Police Take Home Vehicles January 19, 2021 Page 11 of 22 Individually Assigned Vehicle Patrol Ready (5 total) Individually Assigned Vehicle Command/Investigations (4 total) Annual Cost to Operate Patrol Ready IAV Annual Cost to Operate Command/Investigations IAV Equipment Cost Equipment Cost 1 CERF (over 6 years) $10,806.90 CERF (over 6 years) $8,687.04 2 Maintenance estimated .25 per mile per vehicle $3,750 Maintenance estimated .25 per mile per vehicle $3,750 4 Fuel currently estimated at $1.82 a gallon. On average 22 miles per gallon (fueleconomy.gov). Average miles 15,000 @ 22 mpg $1,240.91 Fuel currently estimated at $1.82 a gallon. On average 22 miles per gallon (fueleconomy.gov). Average miles 15,000 @ 22 mpg $1,240.91 7 Insurance- based on CIRSA premiums, $240.73 Insurance- based on CIRSA premiums, $240.73 8 MDT cell phone plan $516 ($43 per month- incorporated in the annual dispatch contract. The MDT software is maintained under the Dispatch Software) MDT cell phone plan No MDT-Not Applicable 9 Cost of purchase of eCitation printer (over 5 years), annual software cost and annual maintenance cost $850 per year Cost of purchase of eCitation printer (over 5 years), annual software cost and annual maintenance cost No eCitation printer- Not Applicable Total Cost to Operate Each Patrol Vehicle Annually $17,404.54 Total Cost to Operate Each Command/Investigations Vehicle Annually $13,918.68 $17,404.54 x 5= $87,022.70 $13,918.68 x 4= $55,674.72 Total annual operating costs: $142,697.42 / 9= $15,855.27 plus, fuel and maintenance of $3279.72 per vehicle =$19,134.00 (includes CERF annual transfer to replace the vehicle) REPORT: Police Take Home Vehicles January 19, 2021 Page 12 of 22 ON-CALL RESPONSES IN INDIVIDUALLY ASSIGNED VEHICLES (FROM RESIDENCES OR WERE ON THEIR WAY HOME OR ON THEIR WAY INTO AVON): 2019 In Avon Gas explosion in Eagle Bend - 18 Dec 2019 Walgreens officer involved shooting - 5 Dec 2019 Domestic violence in progress call at Sunridge - 12 Nov 2020, 03 Sept 2019 Suspicious party with a knife at gunpoint (Walmart bus stop) - 09 Sept 2019 Suicide scene with suspicious circumstances - 14 Apr 2019 Deputy chief Cosper conducted multiple Interviews on the way home or into work - (Background investigation checks x 3 for multiple locations and in multiple towns for multiple new hires Detective Baldwin: February 13, 2019 – Safe Driving Steering committee on day off February 24 – February 25, 2020 – Training Officer in Training Sandoval on training warrant hunting throughout Eagle County. April 13, 2019 – Retirement Board Meeting on day off. June 30, 2019 – Assist ECSO with Sex Offender home search warrant July 8, 2019 – Covered ECSO jail for employee funeral July 29, 2019 – Latino Citizen Academy wet lab on day off August 29, 2019 – Stayed late for sex assault victim interview September 7, 2019 – Triathlon traffic control on day off September 17 – September 20, 2019 – Sex Offender Registry Conference September 23, 2019 – Standardized Field Sobriety Testing Instructor Update Rifle September 30, 2019 – Citizen Academy wet lab on day off October 14 – October 25, 2019 – Supervisory Institute Gypsum November 4, 2019 – Citizen Academy range night on day off November 12, 2019 – Glock Armorer school Lakewood December 9, 2019 – Motions Hearing on day off December 16, 2019 – Covered patrol officers on day off February 25, 2019 – Written test for sergeant testing on day off March 4, 2019 – Oral board test for sergeant testing on day off March 11, 2019 – Motions Hearing on day off April 1, 2019 – Phone interview concerning attempted murder case on day off June 2, 2019 – Active shooter training on day off June 24, 2019 – Human Trafficking training on day off REPORT: Police Take Home Vehicles January 19, 2021 Page 13 of 22 Assists to other Eagle County agencies We have and continue to assist partner agencies if there’s a mass event like the robbery/shooting in Gypsum, Lake Christine fires and house explosions in Gypsum. Chief Daly and Sergeant Dammen responded to the Lake Christine Fire together on three shifts each. 2020 In Avon Shooting at Eaglebend Phase III - 19 Apr 2020 (6 officers called in/responded off duty) Domestic in progress at Liftview - 31 Mar 2020 County and District Court in Eagle In 2020- Jan 7,9,23 (x3),27, Feb 3,10,18, Mar 3,4 (x2),12,16, Apr 13,16 (x2), May 12,28, Jun 8, Jul 7,9(x2), 23, Aug 11, Sep 2,3,4,16,21(x2), Oct 7,19,21, Nov 4,17,18, Dec 2,7,16 (40 officers total) Picking up and dropping off gear to Eagle County Sheriff’s Office (ECSO), ECSO Range and Gypsum Range for Special Operations Unit SWAT trainings and Avon PD trainings (Min. 8x annually for APD and 24 x annually for SOU). Picking up FATS simulator from Snowmass Village and from Breckenridge 21 Sep 20. Driving to calls such as the recent auto theft calls, extra needs of Criminal Investigation Bureau including Granite drug operations, dead body calls and multiple background investigations from house. Sgt. Dammen routinely conducts all APD employee backgrounds; 7 in last two years. Additionally, responding into Avon (to come on duty) and a theft had just occurred at Walmart. The suspect had stolen a computer. The call came out just as Sgt. Jamison was about to exit Avon at the MM 167. He stayed on the Interstate and got off at the MM168 exit and was able to locate the suspect at a bus stop with the stolen computer - 13 Apr 20 Motor vehicle theft suspect on foot in Wildwood - 7 Nov 20 Intoxicated party missing in winter - 20 Jan 20 On 12/26/2020, Patrol officers responded to a possible attempted kidnapping at the Comfort Inn. Initial report was that three (3) males tried to drag a female housekeeper into their room. When officers got on scene, they knocked and there was no response. They treated the event as a potential barricade situation. Chief Daly happened to be at the PD on his day off doing some work, and he responded from the PD in his individually assigned take home car with all of his response emergency equipment including his bullet proof vest. On scene he brought in a shield and a 44 MM less lethal weapon. Eagle County Sheriff’s Deputies arrived also to assist. After some investigation we were able to ascertain that they had left and were at Big O tires in Eagle Vail. We responded and interviewed the three males. We concluded that they were disrespectful but compounded by language barrier issues, there was not enough probable cause to arrest. We further interviewed the housekeeper and they didn’t physically touch her but were disrespectful to her. We believe some of the misinformation may have come from the initial report to the manager regarding the initial events. Comfort Inn management did not want to pursue charges. REPORT: Police Take Home Vehicles January 19, 2021 Page 14 of 22 Staffing shortages - too many to account for but a lot. Not a metric we had to track before. There have been numerous times when sergeants are headed home (off duty) and hear something aired over the radio (example of a missing person). Sergeant calls the primary officer and assists with anything sergeant can access on the in car mobile computer in their driveway to access report management system for investigative leads, applying for warrants, working with District Attorney, TLO, Facebook, etc. Many times, and not documented as this was never tracked before. Transport detainees to Eagle County Detentions Center while on way home randomly and several times a month. We have not had a reason for tracking this metric until now. • Det. Baldwin January 29 – January 31, 2020 – Training Officer in Training (OIT) Sandoval on Warrant Hunt Throughout Eagle County January 15, 2020 – Mantis Shooting Tool testing on day off February 1 – February 7, 2020 – Krav Instructor Training February 18 – February 21, 2020 – Training OIT Sandoval on Warrant hunting throughout Eagle County July 6 – July 8, 2020 – Training OIT Hines July 18, 2020 – Work on FlashCam surveillance camera under Bob the Bridge on day off August 24, 2020 – Latino Citizen Academy wet lab on day off August 31, 2020 – Latino Citizen Academy range night on day off September 21, 2020 – Retrieved key for fairgrounds fitness testing on day off October 5 – October 6, 2020 – Handgun Optic Reflex Sight Instructor School De Beque October 24, 2020 – Drug takeback Walmart on day off November 2 – November 4, 2020 – Empathy Based Interrogation training • Det. Sgt. Lovins SOU SWAT Call Out = 1 CIB/Call out/Surveillance efforts = 15 Forensic interviews / Meetings (SART, Investigator meetings, MDT and other projects): that have started the day or ended the day = 20 Trainings: direct travel = 20 Background investigation canvases or interviews = 4 Equipment relays/Radios/Armored vehicles = 41 Remote work: instances of days off and being contacted or having to engage for a partial day = 25 Transport on way home = 1 Court beginning or ending the day = 2 Sergeants are able to monitor what’s happening on the way in and are ready for duty as soon as they arrive in town (not compensated until they reach city limits but are still providing that REPORT: Police Take Home Vehicles January 19, 2021 Page 15 of 22 supervisory risk management during their commute as they listen to the police radio) . If Officers are on any other type of call, sergeants can respond to their location to ensure they are doing OK. Juvenile arrest where we needed to have patrol coverage, when two (2) officers had to transport the juvenile to the Mount View Juvenile Facility in Denver. Assists to other Eagle County agencies Grizzly Creek fires to assist ECSO, responding with all our gear, evacuations and escorts - 10 Aug 20-3 Sept 20 Gas explosions in Chatfield Corner - 17-18 Sept 20 (5 officers) Sgt. Churches responded to a “shot” fired Domestic Violence call in Gypsum as he was pulling into his driveway. He assisted in apprehending the shooter - 9 Aug 20 Sergeants/Supervisors have provided multiple assists to motor vehicle accidents either on way home or on way into work where the Colorado State Patrol were not able to initially respond. In one circumstance, Sgt. Churches transported an injured party to Gypsum Urgent Care because there was a prolonged response time for an ambulance - 3 Feb 20 (transport) Sgt. Churches was flagged down by motorist on I-70 near Edwards when he was heading into work. Gave driver of the disabled vehicle ride to town - 25 Aug 20 Missing child, Sebastian- in Eagle 7 Jun 20. Chief Daly responded from his home late and night and was there till the early hours. He was back to assist with the search. Multiple supervisors, detectives and officers assisted over multiple days. Sgt. Benson had a situation where he was driving home after ending his shift about three (3) months ago and Eagle PD was looking for an armed party. He offered help to them while driving home and ended up staging in the area while other deputies arrived. Sergeant Benson has made a few traffic stops coming home from work and heading to work where the drivers presented serious reckless behavior. One stop ended up being a mental health issue. On 12/26/2020, as Chief Daly was driving home from a previous incident in Avon, he came upon a multi vehicle accident at MM 150 West bound I-70.Officer Sandoval (not involved in the accident) who was off duty driving his personal vehicle had pulled over to render assistance. He donned his Avon PD reflective traffic vest and was directing cars over into the left lane away from the vehicle in the emergency shoulder. As Chief Daly was in his individually assigned take home vehicle with all of his emergency response equipment. Chief Daly was the first emergency vehicle on scene. Chief Daly was able to use his emergency lights to provide safety to the multiple vehicles on the shoulder (about 6-7). Chief Daly donned his reflective patrol jacket and rendered aid. There was a heavily pregnant woman with two young kids from one of the crashed vehicles. I remained on scene to provide assistance to the Colorado State Troopers, ECSO, Fire and EMS who arrived on scene shortly thereafter. Thankfully no significant injuries in a chaotic scene. REPORT: Police Take Home Vehicles January 19, 2021 Page 16 of 22 SWAT CALL OUT RESPONSES Multiple SWAT calls outs to include a recent criminal barricade incident in Basalt 27 Aug 2020. Chief Daly and Sergeant Dammen drove to Gypsum to collect an armored vehicle MRAP to drive to Basalt for SOU call out. Bellyache Ridge, criminal barricade shots fired SWAT call out - 9/9/19 Armed barricaded suspect with two hostages at Streamside in Eagle Vail - 29 Feb 2020 Manhunt up West Lake Creek Trail searching for Vail PD felony warrant subject - 13 Nov 2020 Counter Assault Team for ten (10) days, sixteen (16) hours a day, working with the U.S. Secret Service protecting the Vice President of the United States- 23 Dec 2020 to January 1, 2021 Sgt. Dammen is a tactical Advisor on the Eagle County SOU Team and facilitates training twice a month. The facilitation requires transporting equipment and setting up off site locations often without coming in the PD. MEETINGS/TRAININGS Sgt. Dammen is the Avon PD Rangemaster and facilitates Firearms training and qualifications for the entire PD staff. Often several times a week he responds from home to either ECSO range in Wolcott or Gypsum range to qualify, sight in, test fire weapons after adjustment or repair. He often picks up and drops off the range trailer at the range from his house. He also drives to Grand Junction from home for two quarterly trainings which he facilitates. Sergeant Holmstrom attends board meetings for the Treetop Child Advocacy Center in Summit, generally on his days off. Six (6) meetings (plus community events, meetings have been zoom due to COVID in 2020) On in-service training days, Sergeants try to provide carpool from Gypsum and Eagle to other officers to training. In 2020 – Feb 11&13, Mar 3&5, Apr 14&16, May 5&7, Jul 21&23, Aug 4&6, Sep 22&24, Oct 13&15, Nov 17&19, Dec 1&3 (20 days total) Driving to Colorado Mountain College Spring Valley Academy from home to teach building search and firearms classes (2x to 16x annually depending on need from Academy), various times between 9 Mar 20 to 23 Sep 20. Starting 4 March 21 this year. Chief Daly, Deputy Chief Cosper, Det. Sgt. Lovins, Sgt. Dammen, Sgt. Holmstrom and Det. Baldwin have a variety of ongoing meeting commitments in Eagle County, surrounding counties and occasionally in Denver metro area (pre and post COVID) Eagle County Public Safety Council 4x a year, Radio Technical Operations Meeting 4x a year, CACP conference 2x a year, Eagle County Behavioral Health meetings 4x a year, Chief’s meeting 4x a year, Law Enforcement Immigrant Advisory Committee meeting 6x a year, District Attorney supervisor meetings 6x a year, Sex assault response team meetings 4x a year, Forensic interviews in child sex assault investigations at the Riverbridge Child Advocacy Center in Glenwood Springs of 17x in last two years, Regional Investigator meetings 4x a year, Total Health Alliance 4x a year, Speak up Reach Out 6x a year, Rocky Mountain Tactical Team Association conference, National Tactical Officer Association conference, Rocky Mountain Accreditation Network 4x a year, Police Officer Standards REPORT: Police Take Home Vehicles January 19, 2021 Page 17 of 22 Training (POST) Academy Director Meetings 4x a year, POST Board Meetings x4 a year, Assistant Police Chief Meetings 6x a year and various pop-up/required meetings in the valley (or adjacent to our county). EXHIBITS: Exhibit A Mileage estimate for the individually assigned vehicles for the commute from Gypsum and Eagle. Exhibit B Basalt PD recruitment advertisement Exhibit C Photos of Chief, Deputy Chief, Detective Sergeant and Patrol Sergeant’s vehicle with emergency response equipment Thank you, Chief Greg Daly REPORT: Police Take Home Vehicles January 19, 2021 Page 18 of 22 EXHIBIT A. MILEAGE ESTIMATE FOR THE INDIVIDUALLY ASSIGNED VEHICLES FOR THE COMMUTE FROM GYPSUM AND EAGLE Assignment Assigned vehicle Approximate commuting miles to Avon PD Miles per day Miles per week depending on schedule Number of weeks per year minus vacation and training time Total miles annually Chief 352 (Eagle) 44 X5=220 47 10,340 Deputy Chief 354 (Gypsum) 60 X5=300 47 14,100 Detective Sergeant 361 (Gypsum) 60 X4=240 47 11,280 Detective 362 (Gypsum) 60 X4=240 47 11,280 Patrol Sergeant Squad 1 349 (Gypsum) 60 X3.5=210 47 9,870 Patrol Sergeant Squad 2 357 (Eagle) 44 X3.5=154 47 7,238 Patrol Sergeant Squad 3 348 (Gypsum) 60 X3.5=210 47 9,870 Patrol Sergeant Squad 4 346 (Gypsum) 60 X3.5=210 47 9,870 Part time Sergeant 347 (Eagle) 44 X2.5= 110 47 5,170 TOTALS 492 1894 423 89,018 REPORT: Police Take Home Vehicles January 19, 2021 Page 19 of 22 EXHIBIT B. REPORT: Police Take Home Vehicles January 19, 2021 Page 20 of 22 EXHIBIT C. Chief, Deputy Chief, Detective Sergeant and Patrol Sergeant’s vehicle with emergency response equipment REPORT: Police Take Home Vehicles January 19, 2021 Page 21 of 22 REPORT: Police Take Home Vehicles January 19, 2021 Page 22 of 22 970-748-4083 clin@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Charlotte Lin, Sustainability Coordinator RE: First Reading: Town of Avon Recycling Ordinance DATE: September 1, 2022 SUMMARY: This report presents to Council first reading of Ordinance 22-13 Enacting Recycling Requirements (Attachment 1). Ordinance 22-13 would enact Title 8, Chapter 6, Recycling Requirements, of the Avon Municipal Code and establish the main proposed changes of (1) hauler reporting, (2) universal recycling (UR) for multi-family and commercial properties and (3) a Pay-as-You-Throw (PAYT) trash and recycling model for individuals, including single-family homes, duplexes, and town homes that subscribe to individual waste services. In a work session for the draft Recycling Ordinance on July 26, 2022, Council provided direction to Staff to move forward in preparing a First Reading of the Ordinance with a detailed implementation plan containing the following elements: Hauler operation details Town outreach plan A timeline for a phased-based implementation Administration plan Enforcement plan Exemptions and waivers Related projects: composting, construction & demolition (C&D) waste & the future of Avon Recycling Center BACKGROUND: The July 26, 2022 report “Analyzing Recycling Ordinances” contains comprehensive background information on recycling in Avon, Eagle County and the State of Colorado. For the First Reading of the Ordinance, the most pertinent background information is as follows: The Recycling Ordinance directly addresses both Department Goals 2022 #8 and #11 to improve recycling at multi-family and commercial properties and to analyze recycling ordinances in order to develop Avon’s own. Improving the diversion of recyclable and compostable waste away from landfill is a significant Greenhouse Gas (GHG) reduction strategy globally, as well as locally in Eagle County’s Climate Action Plan. In addition, the practice of recycling and waste reduction is well-suited for building a culture of sustainable behaviors for virtually everybody who visits, lives and works in Avon. Avon does not currently require recycling. Despite this, local haulers have reported excellent recycling registration as well as good behavior and compliance with recycling requirements. Avon residents who participated in the Community Survey have expressed great interest in waste diversion efforts. Our recent Business Outreach Survey shows that many businesses support a Recycling Ordinance in Avon. With the existing culture around recycling, the Recycling Ordinance will help push our waste diversion efforts to the next level. Avon does not currently require trash haulers to report. As a result, we do not know our true waste diversion rate. Acquiring our waste data would help us better manage our waste diversion efforts and increase waste diversion in meaningful and measurable ways. The education of recycling appears to be the main concern for multi-family and commercial properties. However, people who use individual services, as well as Town employees, have also voiced the need for more education. The Recycling Ordinance would be a great opportunity to design more effective recycling education and a campaign that reach all residents and visitors of Avon. The ordinance closely follows Town of Vail’s recycling requirements for consistency. For the first phase of the Ordinance implementation, it makes sense for Avon to focus our enforcement, education and administration efforts on the multi-family and commercial properties, including accommodations. Individuals can choose to have their recycling picked up or take it to the free recycling center at Lot 5. ANALYSIS: This section provides (1) details to address Council comments from the July 26 Work Session, as well as (2) provide a draft implementation plan according to best practices. Council comments on the implementation plan would be helpful for next steps. Council Comments & Questions: The following information aims to address the questions and comments posed by Council during the work session on July 26, 2022. Staff worked with Waste Management, Town of Vail and Walking Mountains to compile these responses. 1. How much of the onus is on the hauler and how much is on the Avon trash customers to negotiate with their haulers to give them the services they need so that they can comply with the ordinance without much strife and stress? How are haulers helping people recycle easier and better and not making it a huge issue for every customer? Staff response: All three group - haulers, customers, and local government - need to work together. Communication between government and haulers before implementing new policies would be very helpful for all three groups. Waste Management, for example, also has dedicated staff to work with local government, fostering a healthy collaboration to solve any problems that may arise. Avon already began this process before the Recycling Work Session on July 26, and the haulers have appreciated the engagement. It is worthwhile to mention that for open market municipalities like Avon, haulers do not work with the government directly and can only help their own customers instead of everybody. Therefore, it is crucial that municipality support the program where haulers cannot. To support customers, haulers have educational and marketing materials available. Some of these materials have been compiled in Attachment 4 as examples. Throughout a service contract, haulers will assist customers by answering any questions. Contamination and overage are usually the biggest issue, and haulers support customers by leaving tags, direction communication, statement messages, bill inserts, and continuous educational reminders for correct recycling practices. Waste Management also has “Smart Trucks” that can take pictures of the containers and send them to customers. Customers can also sign up for mobile alerts for clear recycling pickup date and time. The ultimate goal is to make it easy on customers so that they don’t have to think about what is and isn’t recyclable. At the moment, Waste Management has a mature system for education, but the Town can work with other haulers to develop education if necessary. Page 2 of 9 In additional to continuous knowledge education, we would also benefit from education that focuses on behavior and mindset change around waste. Avon already has a positive culture for recycling. Customers in Avon, according to haulers, are happy to comply to the directions and would gladly fix recycling mistakes. Therefore, even though small groups of population may consider recycling to be stressful, most Avon residents and businesses are ready to be cooperative so that we can collectively do more for the issue. Beyond education, the onus would mainly be on Avon to enforce the recycling requirements. The only way that universal recycling works is if there is an enforcement mechanism. Haulers can do a number of things to help with contamination and education, but ultimately, they do not have any authority to enforce a Town ordinance. The actual enforcement mechanism is usually code enforcement, but the specifics look different for different communities. Haulers can further assist in this effort by developing a robust marketing and educational campaign. They also recommend, similarly to Council, that we give ourselves plenty of lead time to roll out universal recycling requirements. With an open market like Avon, it would benefit the Town to make sure everyone knows about the changes and are given enough time to sign up for services. Working with haulers from the beginning of this process would be very helpful in the long run. 2. What are the haulers doing for people in Vail for example? Staff response: A lot of what haulers do for people has already been described in the first question. Operationally, Vail’s trash and recycling set up for individuals, HOAs and businesses can be found in Vail’s Case Study (Attachment 5). 3. Can you describe to me how the haulers help multi-family properties? How do haulers assist people to do a better job with recycling? Staff response: A lot of what haulers do for people has already been described in the first question. Beyond subscribing to haulers and getting the proper shared containers set up, the main responsibility would be on the Town to communicate with the multi-family complexes. It would be on the Town to notify them about the Recycling Ordinance with details and to assist the process of contacting trash services to set things up. Haulers can help communicate with HOAs, property owners, or property management to assist multi-family residents effectively. This is especially helpful for those complexes that currently have trash services but do not yet have recycling services. Once a complex is signed up, their chosen hauler can then assist and support them the best way possible to help them do a better job with recycling. 4. As Recycling can be very complicated, is it reasonable that we should rely more on the professionals (i.e. haulers) and less on the multi-family and commercial customers to do the right thing? Staff response: Haulers generally agree that it is reasonable to rely on the haulers to monitor contamination and to assist their customers to the best of their ability. However, the constraint here is that the haulers can only help their customers. It would be the responsibility of the Town to make sure that as many customers are signed up for services and to have an enforcement mechanism if the end goal is to enforce universal recycling. 5. Is single stream recycling the only option? Town of Eagle does dual stream with Vail Honeywagon. Which is better or easier for the customers? Page 3 of 9 Staff response: The main reason why both single stream and dual stream recycling systems exist in Avon is because our recycling is hauled to both the Eagle County Landfill and the Denver Materials Recovery Facilities (MRF). Eagle County’s MRF is dual stream and the Denver MRF is single stream. Dual Stream Recycling can be described as “recycling 1.0”, whereas Single stream recycling can be “recycling 2.0”. Single stream recycling is much easier for the customers and, surprisingly, leads to a lot less contamination. The reason for that is because it's not as complicated for residents to figure out what can and can't go in the container. The waste management industry across Colorado is moving away from doing any dual stream recycling towards single stream recycling. This industry movement towards single stream is significant and applicable for Avon because as more and more residents move here from other places where single stream recycling is more established and commonplace, they would find it difficult to go back to a system where they must sort the recyclables. The other thing to consider with dual Stream recycling is that it typically uses smaller containers, sometimes as small as 18 gallons. As consumers recycle better, they would typically start producing more recycling and less trash. Therefore, it is recommended that customers get 96-gallon carts for recycling as early as possible, instead of having to transition and switch later. Using a larger recycling cart is also better for the environment and for the drivers. With dual stream pickup, typically the drivers have to get out of the truck, investigate and decide which cart goes in which side of the truck because the recyclables cannot be commingled. With single stream recycling, the process can be automated. It is safer for the drivers because they do not need to pick up containers. And it is better for the environment because it is a more efficient process where the trucks have less idling and driving time, contributing to less GHG emissions. Practicing single stream is a win-win-win-win for the environment, the Town, the haulers, and the customers. 6. What’s the County’s plan to upgrade the MRF to a single-stream facility instead of having single-stream recyclables sent to Denver? In a similar vein, what can be done here so that our compost isn’t sent to Pitkin County? We need to get Eagle County up to the same desires as Avon and Vail – how is this going to happen? How do we get this fixed? Staff response: Eagle County’s Climate Action Plan includes single-stream recycling in Eagle County as a goal. The County is currently not ready to upgrade the MRF to a single-stream facility nor to start a County- owned composting facility. This does not indicate a lack of desire by the County, as both initiatives are extremely expensive in terms of cost, time, and human resources. In 2018, the County conducted a GHG study on the emissions comparing the dual stream recycling activities to what it would look like if the County's MRF was retrofitted into a single stream facility. This study included the transportation of materials by haulers to the front range. At the time of the study, the emissions were actually higher if the local MRF was retrofitted to single stream. It was decided to continue with business as usual and that this would be evaluated annually to see if something had changed. Unfortunately, no further studies have been conducted. It may be beneficial for the Avon Council and Town Staff to encourage the County to conduct this study again. Things may also change as the Circular Economy and Extended Producer Responsibility bills move forward. In terms of the compost facility, we plan to look into the fees that Honeywagon Organics charges compared to the Pitkin facility. Pitkin facility has its cost covered by the County, so they are free or cheaper whereas Honeywagon is a private entity. Any way that the towns/council can help get to the bottom of the fee structures at Honeywagon would help, otherwise Evergreen Zerowaste or other haulers are going to have to increase their rates in order to take compost to Honeywagon in Eagle County. Page 4 of 9 Page 5 of 9 To truly find meaningful answers and next steps to this set of questions, it should be taken to the Mayor and Managers meeting which includes the County. Another important thing to address in this question is the issue around recycling that involves transportation, since dealing with travel is a reality in the mountain communities. For recycling, we have to consider both the front end and the back end of the sorting process. For front end, the manpower and the machine power that goes into sorting dual stream versus single stream is different. Single-stream is typically more automated, hence able to sort more materials faster. A quicker automation workflow also means it’s better for the environment and safer for workers. The back end process refers to where the recyclables are being taken from the MRF to the aftermarket providers. The Denver MRF on Franklin Street, for example, has rail lines leave directly from the MRF straight to cardboard manufacturers and other manufacturers that use the recyclable materials. In a dual stream facility, while it might be shorter drive on the front end, in most cases, it's probably being trucked somewhere else before it can be sent out to the manufacturer. Therefore, even if the front end sorting is closer, in most cases, in all likelihood, the recyclables are traveling the same distance. A 2019 Eco-Cycle report discusses the question “Is it still worth recycling despite the transportation impact?”. Transporting recyclables over long distances causes air pollution and carbon pollution, which could be significantly reduced if Colorado had local and regional end markets. However, it is important to note that these transportation emissions do not outweigh the benefits of recycling. Recycling saves huge amounts of energy in the manufacturing process, and these energy savings are far greater than the energy used to transport our recycling, including the extra trucks used to collect recycling from your home or business. For every 100 tons of recycling collected in the U.S., there is a net savings of about 235 tons of carbon emissions, while producing only about 4 tons of carbon emissions in the transportation of these materials’ emissions. The distance between Wolcott (Eagle County Landfill) and Denver is 116.7 miles and we transport our recyclables by truck. The chart above shows how far recycled materials would have to be transported before the transportation emissions were greater than the energy savings. This isn’t to suggest that we should ship our recycling tens of thousands of miles. It simply shows that recycling is a net win for our climate despite the transportation impacts, and we should continue to recycle while we work to build local markets in order to reduce transportation. Another point here is not to say we need to choose one or the other in Eagle County, but rather that transporting some of our recyclables down to Denver does not pose any significant environmental issues. The same concept applies to composting as well; there is certainly emissions associated with transporting from here to Pitkin County, but the emission is always going to be less than the emissions that result in landfilling organic materials. A good guideline to follow when considering waste management, transportation and their impact on GHG emissions is bringing more materials to a centralized location where it can go directly from that location out to the manufacturers. 7.Why have our local haulers chosen to do single stream rather than dual stream so they can drop off locally? Staff response: The various benefits and reasons why single-stream recycling is better for haulers are explained in Question 5. Locally, the main reason for this has been competition. All haulers were dual- stream to begin with, but single stream became a strong industry movement, with Waste Management leading the charge. Then, when Vail put in the Recycling Ordinance, the other haulers felt that in order to compete they would have to move towards single stream. After that happened there was no turning back. 8.What is our recycling registration rate in Avon? How well do they actually recycle? Staff response: Haulers report that Avon’s recycling registration rate could be as high as 90%, and that Avon customers generally recycle well and have a good attitude for compliance. This is a rough estimate as each hauler can only speak for their own customers. Without the Ordinance requiring specific data, it is not possible to get a better understanding of how well people actually recycle. 9.In a strip mall, for example, there are a lot of people putting trash in the same receptacle, so it’s impossible to tell who did what. Enforcement is tricky in those locations. How do haulers work with this kind of situation to make sure recycling is successful? Especially for commercial customers such as restaurants that might have a lot of extra waste or difficult waste (like glass) to deal with. Staff response: Haulers reported different scenarios of how this can be dealt with. For example, instead of sharing one large container, the complex might opt for three smaller ones and assign different users to different containers. This method narrows down the specific user per container ratio, which could make it easier to track contamination. Another method is to have a separate container for cardboard only, hence freeing up more space for other recyclables. This method may be applied to glass as well. Waste Management also has the Smart Truck technology that can take pictures of problematic recycling. In addition to recycling set up, it would be critical for the haulers and Town to continue education and maintain communication with the customers in these complexes to help them succeed. This type of situation is tricky and there is no 100% foolproof way, unfortunately. The responsibility falls upon the businesses to do the right thing. 10.We understand haulers can provide different size bins for a Pay-As-You-Throw model and customers can potentially lower their cost if they choose smaller bins. How does this work exactly if we move forward with the Recycling Ordinance? Staff response: The Pay-as-You-Throw (PAYT) system is quite common throughout Colorado now. Most communities have PAYT for trash, while it is less common for recycling. In practice, both haulers and local governments have observed that when people begin to shift their behaviors around waste, they produce more recycling than trash. For example, they might be fine using a 32-gallon trash bin but would need a 96- Page 6 of 9 gallon recycle bin. Many haulers allow customers to choose a certain size for trash plus “any size recycle cart” they want regardless of what they choose for trash. Haulers have advised that the Town includes education to help customers choose the right bin size before committing to a contract, as switching bin sizes is operationally burdensome and costly for haulers. Other than potential savings from choosing smaller bins, senior discounts are often available. 11.How does pricing work for multi-family and commercial properties? How can Town and haulers work together to assist multi-family and commercial properties who may not have space for more containers? Staff response: Typically, pricing depends on the number of users, the type of use, the type of materials they will produce, and the volume. The most common sizes are three, six and eight yards. There is some price difference but not significant, due to the fact that collection trucks operation cost and labor cost are still the same. Usually it’s the management or HOAs that deal with the contract, and the cost to each customer may be built into the rent or charged separately. If the customers struggle with space, Waste Management can work with them by looking at building design, dimensions, etc. to figure out the best plan for where to put containers. If the properties need to expand and build new trash enclosures though, that would be the properties responsibility and it may be an opportunity for the Town to come in and offer assistance. 12.We understand that haulers have exclusive and confidential pricing agreements with Vail. How would this work with Avon if we were to go ahead with the Recycling Ordinance? Will our residents get a better deal than what they can get now? Can we have detailed potential cost increase/decrease and any other financial impact? Staff response: Community-wide discounts can be potentially negotiated through a bid process to determine a single hauler who would service the entire Town. Haulers would only disclose special rates through an official RFP process. 13.Can we have more details on how the bi-annual reporting will occur? Staff response: There are functions within Waste Management that would produce the reports for the Town. In addition, council suggested: There should be at least 1 year of lead time for multi-family and commercial properties. The ordinance should be applied to everybody eventually, not just multi-family and commercial properties. Implementation Plan: It should be noted that what is presented here is only a plan for implementation with draft materials. No actual implementation activities have been carried out. Preparation: A promotional and educational campaign, similar to what Town of Vail did (Attachment 3), will be prepared prior to rolling out Ordinance 22-13. Town Outreach Plan Page 7 of 9 Informational Letters (Community Notice and Notice to Affected Properties) Public Forums Press Releases/Monthly Newsletter Website/Social Media/Newspaper Ads Business Outreach Public Comments: Three types of public comments regarding recycling are provided in Attachment 2: (1) 2021 Community Survey, (2) 2022 Business Outreach Survey and (3) interviews with six HOAs by former General Government Intern Emily Myler. Staff will continue to collect more public comments specific to the Recycling Ordinance using the above Town Outreach plan. New public comments will be sent to Town Council to review prior to the Second Reading of Ordinance 22-13. Educational Material and Campaign: Staff has gathered many examples of existing educational materials that are utilized by Waste Management (hauler), Walking Mountains and Town of Vail (Attachment 4). It is highly likely that Avon will create branded educational materials in collaboration with haulers and Walking Mountains. However, Avon should pursue new branding and design specifically for our sustainability and climate action initiatives, similar to the LoveVail.Org and Sustainable Breck examples. Timeline for Implementation: The effective date of Ordinance 22-13 is January 1, 2024. If Council passes Ordinance 22-13 the Town Outreach Plan will commence. We have included plans for paid advertisement in the proposed 2023 Sustainability budget. The entire implementation, including outreach and education, may take up to two years. We plan to do a Town-wide outreach to create awareness and encourage questions and comments. The outreach results will generate public comments to be submitted to Town Council for review. We intend to apply the Town Outreach Plan to two groups: (1) multi-family and commercial & (2) individual homeowners. The outreach results will also inform the design of the educational campaign. Administration: The rollout of the Recycling Ordinance will be administered by the Sustainability Coordinator and potential interns. The expected time commitment from Staff will be close to full-time during the rollout phase of the Ordinance for approximately a year, and about 10 hours/week after. Potential intern sources include Walking Mountains and Colorado Mountain College. Town of Vail subcontracted an intern from Walking Mountains to assist the rollout of their Recycling Ordinance. The cost was $20,000 for 5.5 months in 2014. The Colorado Mountain College intern will be working through their internship program at 8 hours a week and gaining credits through this work. Enforcement: The Town will be responsible for enforcement of both PAYT and UR relating to waste customers and haulers. Staff will proceed with a strong education through January 1, 2024, then would proceed to issue warnings first for non-compliance, then would issue citations to municipal court. CASE STUDY – VAIL: Town of Vail’s experiences with the Recycling Ordinance since 2014 is summarized in a case study in Attachment 3. FINANCIAL IMPLICATION: In the proposed Sustainability budget in 2023, we have budgeted the following which can be used to implement the Recycling Ordinance. The items in blue are intended for all Sustainability initiatives, not just recycling. Page 8 of 9 Page 9 of 9 Recycle bins: $5000 Feasibility study for composting: $5000 Freelance service for recycling program: $1500 Compost subsidies: $5000 Graphic design: $2500 Digital advertising: $4000 Print advertising: $3000 Educational signs, stickers and other printed materials: $15000 In addition, some expenses are eligible to be paid out of the Paper Bag Fee fund. Staff time on education, rollout and enforcement will be substantial and is a soft cost to consider in this program. RELATED TOPICS: The following topics are highly relevant to the Recycling Ordinance but are to be discussed separately in the future Council meetings. Composting Construction & Demolition (C&D) Waste Avon Recycling Center upgrade RECOMMENDATION: I recommend approval of Ordinance 22-13 on first reading, setting forth expectations for second and final reading. OPTIONS: The following represents options for next steps regarding Ordinance 22-13 1. No Action 2. Approve the first reading of Ordinance No. 22-13 as drafted 3. Approve the first reading of Ordinance No. 22-13 with modifications, and schedule second reading for September 27, 2022 4. Continue first reading on September 27, 2022 PROPOSED MOTION: “I move to approve [with or without modification] ordinance 22-13, thereby adopting a new Chapter 6 of Title 8 of the Avon Municipal Code establishing recycling requirements, including hauler reporting and universal recycling for multi-family and commercial properties.” Thank you, Charlotte ATTACHMENT 1: Town of Avon Recycling Ordinance 22-13 ATTACHMENT 2: Public Comments ATTACHMENT 3: Town of Vail Case Study (including education materials) ATTACHMENT 4: Other Education Material Examples ORDINANCE NO. 22-13 ENACTING CHAPTER 8.14 – RECYCLING OF THE AVON MUNICIPAL CODE, WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon (“Town”), the Town Council has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, the Town Council (“Council”) adopted the Eagle County’s Climate Action Plan, which sets forth goals including the reduction of waste going to the landfill by 30 percent by 2030. Increased participation in recycling programs and maximizing capture rate of recyclables through existing and future programs are necessary to meet and exceed this recycling goal; and WHEREAS, the current waste diversion rate in Eagle County is between 30 to 32 percent, and the diversion rate in the Town of Avon is unknown, hence the need for a Recycling Ordinance that requires hauler reporting; and WHEREAS, the Colorado Department of Public Health and Environment estimates that each person generates approximately 3,150 pounds of waste per year and a large portion of the disposed materials could be reused, recycled or put to other beneficial use, resulting in significant resource, energy, and economic savings; and WHEREAS, as the Eagle County landfill reaches permitted capacity, it is becoming more difficult and expensive to site, permit and develop new landfill capacity; WHEREAS, through the adoption of Eagle County’s Climate Action Plan, the Town of Avon established a goal of reducing community greenhouse gas emissions by 50% by 2030, and diverting waste from the landfill is one of the most cost effective and efficient ways of reducing greenhouse gas emissions resulting from landfills and new resource processing; and WHEREAS, municipalities are empowered by C.R.S § 30-15-401(1)(a)(II) to inspect vehicles proposed to operate in the conduct of business of transporting ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials; and WHEREAS, the Council finds that adopting an Avon Recycling Ordinance will promote the health, safety and general welfare of the Avon community; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 8.6 of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a Ord 22-13 Avon Recycling Ordinance First Reading September 13, 2022 Page 1 of 3 ATTACHMENT 1: Ord 22-13 Recycling Ord 22-13 Avon Recycling Ordinance First Reading September 13, 2022 Page 3 of 3 representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Enactment of Chapter 8.14 – Recycling. Chapter 8.14 – Recycling of the Avon Municipal Code is hereby enacted in its entirety as set forth in Exhibit A: Chapter 8.14 – Recycling attached to this Ordinance. Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect on January 1, 2024, which is more than thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. ATTACHMENT 1: Ord 22-13 Recycling Ord 22-13 Avon Recycling Ordinance First Reading September 13, 2022 Page 3 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on September 13, 2022 and setting such public hearing for September 27, 2022, 2022 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on September 27, 2022. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Karl Hanlon, Town Attorney ATTACHMENT 1: Ord 22-13 Recycling EXHIBIT A: CHAPTER 8.14 RECYCLING Page 1 of 6 CHAPTER 8.14 - Recycling 8.14.010 – Purpose The purpose of this Chapter is to establish policy and infrastructure to support recycling in the Town of Avon in order to promote effective and efficient recycling for Avon community. 8.14.020 – Definitions For the purposes of this Chapter, the following definitions shall apply: Base Unit of Refuse: The smallest increment of volume of refuse or solid waste collection which is no larger than 32 gallons of capacity. Commercial Customer: Any premises where a commercial, industrial, or institutional business or enterprise is undertaken, including, without limitation, retail shops and establishments, eating or drinking establishment, healthcare facilities, child daycare centers, public and private schools, professional and business offices, religious institutions, and public buildings and facilities. Discarded Materials: All putrescible and non–putrescible solid waste discarded from any residential, multi-family or commercial source including recyclable material. The term discarded materials shall exclude discarded or abandoned vehicles or parts thereof, sewage sludge, hazardous waste, materials used for fertilizer and recyclable material that have been source separated for collection. Hauler: A registered person or company in the business of collecting, transporting or disposing of discarded materials for a fee, or for no fee except as described in Subsection B. of 8.14.030. Multi-Family Customer: Any residential structure(s) that employs a communal system for solid waste and or recyclable materials collection. Non-Attractant: Any substance which does not attract wildlife. Substances that are considered to attract wildlife include food products, pet food, feed, compost, grain or salt or materials which formerly contained such items. Office Paper or cardboard that did not previously contain food are considered non-attractants. Recycling: The process of separating recyclable materials from refuse and placement for collection by a hauler for the purpose of such materials being re-used or reprocessed into new or different materials. Residential Customer: Any residential structure(s) that does not employ a dumpster or communal service for solid waste and or recyclable materials collection. Recyclable Materials: Materials from any commercial or multi-family residential property to be collected separately for the purpose of such materials being reused or repurposed or reprocessed into new or different materials. ATTACHMENT 1: Ord 22-13 Recycling EXHIBIT A: CHAPTER 8.14 RECYCLING Page 2 of 6 Recycling Facility: A licensed Materials Recovery Facility (MRF) (e.g. the Eagle County MRF) that accepts and sorts, packages, and otherwise prepares recyclable materials to be repurposed or reprocessed into new or different materials. Refuse: As defined in Section 8.12.010 Avon Municipal Code. Refuse shall not include recyclable material. Solid Waste: All putrescible and non-putrescible waste or refuse, excluding discarded or abandoned vehicles or parts thereof, sewage sludge, hazardous waste, materials used for fertilizer and recyclable material that have been source separated for collection. Source Separation: The process by which recyclable materials are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling. 8.14.030 – Hauler Registration Requirement It shall be unlawful for any person or company to operate or conduct business as a hauler of residential, multi-family, or commercial solid waste or recyclable material without first obtaining a municipal solid waste hauler registration as set forth in this Section. (a)Applicability: 8.14.030 applies to any hauler of solid waste or recyclable material operating in the Town of Avon. (b)Exceptions: The following persons or entities are not required to obtain a municipal solid waste collection registration: 1.Any person or their designee who transports to the landfill only the refuse that person generates; 2.A civic, community, benevolent or charitable nonprofit organization collecting, transporting and marketing recyclables solely for the purpose of raising funds for a civic, community, benevolent, or charitable event; 3.A property owner or agent thereof who transports discarded materials left by a tenant upon such owner’s property, so long as such property owner is not provided compensation from tenants on a regular basis; 4.Demolition or construction contractors or landscaping companies that produce and transport discarded material produced incidentally to the demolition, construction, or landscaping work; 5.Any person who transports only liquid waste (e.g. restaurant grease or portable toilet waste); 6.The Town of Avon municipal organization and employees thereof, who transport solid waste, recyclable materials and compostable materials generated by the municipal organization, public containers, or special events; ATTACHMENT 1: Ord 22-13 Recycling EXHIBIT A: CHAPTER 8.14 RECYCLING Page 3 of 6 7.Special event producers, who transport solid waste and recyclable materials for permitted events; 8.Companies that provide special event collection services (e.g. electronic waste collection, on-site paper shredding); and 9.Companies contracted by registered solid waste haulers. (c)Registration Process: The General Government Department shall set forth the standards for the implementation of the municipal solid waste hauler registration process including the amount of the registration fees, the designation of recyclable materials, and the schedule for collecting registration fees. 1. Proof of Insurance: Registered municipal solid waste haulers shall provide proof of general comprehensive liability / automobile insurance policy protecting the hauler from all claims for damage to property of for bodily injury, including death, which may arise from operations under or in connection with this registration and providing limits of coverage of not less than five hundred thousand dollars ($500,000) for bodily injury and property damage per occurrence or in aggregate. 8.14.040 – Municipal Solid Waste Hauler Requirement (a)Bi-Annual Reporting Required: All registered municipal solid waste haulers (the “registrant”) shall submit twice yearly reports to the General Government Department on the weight (in tons) of Solid Waste and Recyclable Materials collected within the Town limits of Avon. For loads that contain Solid Waste or Recyclable Materials originating in part from within the Town limits and in part from outside the Town limits the reported quantity may be estimated by the registered hauler but shall use an approved format provided by the Town of Avon which shall include the use of both the scale tickets and customer route sheets, and reported as an estimate. (b)Submittal Required: Bi-annual reports shall be submitted on May 1 and October 1, or on the next business day, using a format approved by the General Government Department. All reports shall be treated as confidential commercial documents under the provisions of the Colorado Open Records Act. (c)Recyclable Material Designation: Haulers may not dispose of recyclable materials set out by customers by any means other than delivering it to a MRF that sorts, packages, and otherwise prepares recyclable materials to be repurposed or reprocessed into new materials, except for materials that customers have not properly prepared for recycling or are contaminated with 25 percent or more of non-recyclable refuse, (d)Notice: Haulers of multi-family, or commercial solid waste shall give each of its customers written notice of all available service options and corresponding variable rates upon commencement of service. Written notice of the full range of services including variable rate service, container sizes, and the recycling service options including the materials that may be recycled shall be provided to all new customers upon commencing ATTACHMENT 1: Ord 22-13 Recycling EXHIBIT A: CHAPTER 8.14 RECYCLING Page 4 of 6 service and all haulers shall provide notice at least annually to customers on the full range of services, container sizes, variable rates and recycling options including the materials that may be recycled. On or before January 31st each year the hauler shall deliver to the General Government Department a true and correct copy of the notices sent to each customer type. (e)Residential Embedded Rates: On residential customer waste bills, haulers shall combine charges for solid waste and recyclable material collection service and may not itemize them separately. (f)Residential Volume Based Rates: Haulers shall offer each of its customers the option to subscribe to different levels of service with different capacities of solid waste containers, such as 32, 64 and 96 gallon containers/carts, and shall charge their customers based on this volume of service. For residential source customers, the base unit of solid waste service shall be no larger than the approximate capacity equivalent of a 32 gallon container or cart. If a customer does not select a level of service, the provider shall establish a default minimum level of service that is not larger than 2 units of service or a single 64 gallon container or cart. (1)Variable Rates: Haulers shall charge variable rates for the corresponding level of service or units of solid waste collection for residential customers. (i)Haulers shall structure the increments of their variable rate at a multiple of the base unit of solid waste collection which is no larger than 32 gallons. The second largest increment of solid waste collection shall be no larger than two times the capacity of the base unit or no larger than 64 gallons, and the third largest increment of solid waste collection shall be no larger than two times the capacity of the second largest increment of solid waste collection. Such rate increments shall be equal to 80% or more of the charges for the base unit of collection (e.g., if $10.00 is applied to a 32 gallon container, a minimum of $18.00 shall be applied to a 64 gallon container, and a minimum of $32.40 shall be applied to a 96 gallon container). (ii)The provisions of this subsection shall not be construed to prohibit any hauler from establishing rules and regulations regarding the safe maximum weight of containers of solid waste and recyclable material containers. (iii)Nothing in this section shall be construed as prohibiting any hauler from providing separate pricing for special collection of bulky items, yard waste, contaminated recyclables, unscheduled pick-up or extra volumes of solid waste or recyclable material, or more than what was subscribed for with the hauler. (g)Commercial Embedded Rates: On commercial customer account bills, every solid waste hauler shall combine charges for solid waste and recyclable material collection service and may not itemize them separately. Haulers shall provide sufficient recyclable material capacity and frequency service to prevent an overflow of material. ATTACHMENT 1: Ord 22-13 Recycling EXHIBIT A: CHAPTER 8.14 RECYCLING Page 5 of 6 (h)Auditing: A representative of the Town of Avon may audit a registered municipal solid waste hauler’s subscription, billing and other relevant records to determine whether or not the provider has complied with the provisions of 8.14.040 at the provider’s office located nearest to the Town of Avon during hours that the office is open for business, on at least five day’s written notice. (i)Frequency of Residential Recycling Service: Haulers shall offer each of their residential customers curbside recyclables collection service at least biweekly, no smaller than 64 gallons capacity of the designated recyclable materials. All containers are subject to the provisions of Chapter 8.32, wherein all attractants shall be stored in wildlife resistant, locked containers. Non-attractants are not required to be stored in wildlife resistant, locked containers provided they are not mixed with attractants. (j)Container Labels: Haulers shall provide labels or label all solid waste and recycling material containers indicating what materials are accepted in each container. The labels shall include pictures and words of the acceptable materials and be in both English and Spanish. 8.14.050 – Designated Recyclables List (a)Designated Recyclables (Collection): The recyclable materials that haulers are required to pick up shall be set forth in the Town’s ‘Recyclable Materials List’ which shall be prepared and may be amended as conditions change. The Recyclable Materials List shall be available for review on the Town’s website. (b)Designated Recyclables (Generators): The recyclable materials that generators are required to source separate from their solid waste shall be set forth in the Town’s ‘Recyclable Material List’ which shall be prepared and amended as conditions change. The Recyclable Materials List shall be available for review on the Town’s website. 8.14.60 – Recycling Requirements (a)Applicability. All residential which contracts for or arranges trash service by and through an owners’ association or a common service for the multi residential properties, and all commercial properties and uses, shall provide on-site service for the collection and transport of recyclable materials. This requirement shall not apply to residential properties which does not have trash service as a common service for multiple residential properties. (b)Recyclable Materials Requirements. The following minimum requirements shall apply for separation of recyclable materials: (1)All recyclable materials accumulated on any premises shall be placed in a container or containers separate from solid waste. (2)Recyclable materials shall not be placed in solid waste containers. ATTACHMENT 1: Ord 22-13 Recycling EXHIBIT A: CHAPTER 8.14 RECYCLING Page 6 of 6 (3)No refuse, solid waste, or compost shall be placed in any recycling container. (4)Nothing in this section is intended to prevent any person from donating or selling recyclable materials generated on their premises. (c)Minimum Requirements. The following minimum requirements shall apply for all properties required to provide on-site service for collection and transport of recyclable materials. (1)All recyclable material shall be source separated, stored, and presented for collection by a registered municipal solid waste hauler. (2)It shall be the duty of any owner or occupant of any premises to ensure that containers designated for collection or disposal as solid waste do not contain recyclable materials when such containers are offered for solid waste collection. (3)It shall be the duty of any owner or occupant of any premises to ensure that they contract for recycling service or otherwise provide service for the delivery of recycling material to a MRF. The service shall be of an adequate level to prevent the designated recyclable material containers from overflowing on a regular basis. (4)The container(s) shall be wildlife resistant, and handled in accordance with Chapter 8.32, Avon Municipal Code. (5)Any owner or occupant of a commercial establishment with solid waste disposal containers available for customers or guests shall make available a container for recyclable materials that is of similar size and located in an equally convenient location. 8.14.070 – Violations – penalty Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. ATTACHMENT 1: Ord 22-13 Recycling 2021 Community Survey The following comments are from Question 17: Please Provide any comments, suggestions, or questions regarding Climate Action in Avon. Recycle food waste- more recycling stations. Incentive for less water use, recycling, composting (available thru the town of Avon!) Thank you Avon, for taking a leadership role in climate action! Innovative policies should be coupled with foundational efforts for sustainability. Foundational efforts include: public recycling bins around town with standardized signage, a bus that services the North side of the highway businesses and includes EV business district, high-quality bike racks at all the core service centers (City Market - this bike rack is scary and looks decrepit, post office - doesn't have one, etc), bike lanes on US6, and plans for less parking (which is usually empty) in the East town core. we MUST make recycling mandatory for all businesses and homes in Avon!! make recycling easier to do & understand. More recycling spots More recycling spots for people More recycling options There should be more focus / education on recycling. What types of materials specifically can be recycled. What about house hold chemicals / batteries etc. Incentivize HOAs to add solar panels, compost, recycling, etc to neighborhoods already in existence and require it in new infrastructure. Ban single-use plastic bottles, recycling ordinance, idling ordinance, more EV infrastructure one area to improve is for more access to recycling. in order to recycle, one has to drive to Home Depot or to Edwards.. not very convenient. more recycling options, incentives for solar, less water use etc You need more recycling cans around town one next to every trash can. Rental properties, particularly short-term, should be required to show they are supporting these environmental initiatives. For instance, they should be required to provide recycling bins with signage of what can/cannot be recycled and be required to put in LED bulbs and low flow water fixtures. I would like to see recycling taken more seriously. Recycling is great Glass recycling program? We need more recycling options when walking in town. Most receptacles are trash bins. Continuing to make recycling easier for residents and businesses is key. I helped to run the recycling drop-off stations throughout the valley as a board member of Eagle Valley Alliance for Sustainability for several years; it has come a long way with the new landfill transfer station but there's still room for a lot of improvements. I would support any additional climate action measures. More recycling options in the park, improved bike trails, incentives to bike vs driving, etc. I do not know what Avon's Climate Action plan is, but I'm always in favor of improving the environment. I think that Avon could do better with recycling and adapting a ban on plastic cutlery and napkins for take- out food unless asked. The ban on plastic bags is great! Please offer an option for a drop off composting site (similar to our recycling site outside of the Home Depot). It would dramatically reduce our waste. ATTACHMENT 2 - Public Comments Thank you for the easy compost drop off site. It would be great if there was more recycling commitment and it would be great if we could enforce proper usage of the site. 2022 Business Outreach Survey The survey results show that 46 out of 72 participants (63.89%) support adoption of Recycling Ordinance for all businesses in Avon. In addition, comments regarding recycling are: Wish we could have a better recycling, compost available for not only guests, owners and to all business. That would tremendously help for climate change. With respect to recycling, do any companies actually come up here to recycle most of what we separate or does the vast majority of it end up in the landfill? If you think you know the answer drive out to wolcot and see for yourself Recycling and composting should both be adopted Love the plastic-free venue initiatives. Composting would be a nice option Who regulates the recycling program? Is there oversight regarding any of it? The recycling issue is a hard one...Nationally the averages of refuse actually recycled, is not great. I would want to make sure that my recycled items ARE recycled. Interviews with six HOAs in Avon (2021) Not very effective at all. There is a lot of trash found in the recycling and short term rental guests and housekeepers do not follow recycling rules that are clearly posted. Residents are tired of fines for improper recycling and the excess of recycling from illegal dumpers and people that abuse the bins. I think recycling can be improved by offering a better way to sort recyclables. It’ is very difficult for us to create a one size fits all plan on our property since we have several types of owners/guests. For recycling to be improved we would need more space in our existing dumpster sheds and provide recycle bins inside each condo. Any suggestions that can be done inexpensive would be great, as we have a very tight budget. The recycle bins are located on the 1st floor in the trash room. Emails have been sent out to owners and instructions are in short term rental checkin envelopes with instructions on how and where to recycle, along with signage on each floor in the trash rooms. Waste Management picks up the recycle on Mondays and Fridays. I do not think our building could do more to inform guests and owners about recycling in the building. No chute for recycling. Convenience problems As is always the issue, the recycling is almost always contaminated because people don’t understand what can and cannot be recycled. I often wonder if there’s any point at all in recycling when 99% of the time it’s ending up in the trash anyways. No kind of education besides maybe decals on the bins Dear Avon Town Council Members, As a new property owner in the Town of Avon, I am extremely happy to be able to base our property management business here! However, I was greatly disappointed to learn that our town does not have a mandatory recycling ordinance in place! Having moved here from Vail, where mandatory recycling has been in place for several years, it seems that Avon is doing its residents and businesses a severe disfavor by not requiring recycling. I would think that along with your disposable bag fee and Climate Action initiative, recycling would be a "no brainer" for the town. I do not think that loading recycling into a personal vehicle and driving it two miles east to Home Depot or three miles west to the Edwards rest area, while burning fossil fuel is a responsible way to reduce our carbon footprint on the environment. It makes much more sense to have the trash hauler also remove recycling by driving only one vehicle around. We manage over 35 community associations throughout the valley, from East Vail to Eagle. Only one of the HOAs that we manage (Canyon Run) does not have on-site recycling for its residents. Thank you for your consideration on this very important matter. I ATTACHMENT 2 - Public Comments would love to see some progress made and would be happy to serve on a committee that does some research and provides information to the Town Council. Not many people use the bins, education is the biggest issue. There isn't much the property can do on its own ATTACHMENT 2 - Public Comments Town of Vail – Recycling Ordinance Case Study Town of Vail enacted their Community Wide Recycling Ordinance in July 2014, requiring universal recycling for all residents and businesses. Since then, Vail has increased their recycling rate from 9% to 35%, which is higher than that of Eagle County (32%) and the State of Colorado (15%). Vail’s example serves as a great resource for successful recycling and waste diversion in Eagle County. This case study provides more details of how recycling requirements are implemented in Vail from 2014 to 2022. All of this information was provided by Vail’s Environmental Sustainability Coordinator, Beth Markham. Preparation Prior to Implementation Vail hired an advertising agency to design an entire recycling marketing campaign, including branding, a new logo, slogan, web design, advertisements and a set of physical materials to promote the recycling requirements (image 1). (Image 1: physical materials in the recycling campaign) (Image 2: the final packet) The physical materials include small posters, standing table signs, door hangers, magnets, weather-resistant stickers for receptacles, and a binder that holds everything together as a packet (image 2). A new website, LoveVail.org, was also created to host all information related to the Recycling Ordnance. The Love Vail website has since evolved into a space for all sustainability programs in Vail. As the Recycling program grows, Vail has also produced educational and promotional materials in-house, such as those for the pilot curbside composting program in West Vail. The current Recycling program on the LoveVail website contains multiple pages, detailing requirements, how to get started, low-income assistance, exemption process, announcements, contacts for the program, etc. Other than web content, there are also links, downloadable PDFs, and videos to help people learn about the program and how to do it all right. There are also separate materials serving homeowners, HOAs, and businesses (image 3). In addition, the campaign also went out on buses and public spaces. ATTACHMENT 3 - Vail Case Study (Image 3: Vail’s operational set up for businesses, homeowners and HOAs) ATTACHMENT 3 - Vail Case Study Outreach & Implementation In addition to the awareness generated by the marketing campaign, Vail also hired an intern from Walking Mountains for about 5.5 months to do door-to-door outreach with residents and businesses. The intern would pass out the packet shown above, explain the ordinance, deliver training and answer any questions as need be. The packet materials were also given to short-term rental owners and hotels to put in rooms. The door-to-door outreach was critical in establishing the recycling ordinance. As mentioned above, there is plenty of information and education on the website to help people succeed with the recycling requirements. In addition, Vail also offers low-income assistance for residents, rebates, as well as exemptions for businesses and HOAs that are experiencing challenges to comply with the ordinance. For business and HOA exemptions, applicants would go through Vail’s Planning and Environmental Commission to request a 12-month exemption. They would have to follow through with it eventually. Vail also offered a rebate program with both a residential rebate form and a business rebate form. Residents could get $100 rebate back from purchasing their recycling cart. Businesses could get up to $250 towards their startup costs plus $500 towards hauling fees for a recycling program at the business or HOA. Similar to Avon, Vail has a wildlife requirement for trash and recycling receptacles. Customers can usually receive receptacles from haulers as part of their subscription, but Vail did experience Vail Honeywagon telling customers to get their own at Ace Hardware or Home Depot, or order online. Vail also experienced that haulers would rarely provide 32-gallon trash receptacles. In order to fulfill the Pay- As-You-Throw (PAYT) of allowing people to choose the size they want, Vail purchased 40 of the 32-gallon receptacles in 2019, which was funded by the Colorado Department of Public Health and Environment’s grant program to support recycling infrastructure. The purpose was to incentivize the PAYT program so Vail gave the 32- gallon trash receptacle to residents who would trade in their 96 or 64-gallon ones, or residents could keep their big ones for recycling and get a smaller one for trash. The idea was to increase your capacity for recycling and decrease your trash. Despite the recycling requirements, the free community recycling center maintains an option in Vail. The free recycling center is a great resource for part-time residents, short-term renters, etc. One of the caveats in Vail is that if you have trash service, then you’re required to have recycling, but having trash service is not required. Landlords are required to provide trash (and recycling) services though. Therefore, the recycling center is still actively used and filled all the time. Businesses and contractors would bring their recycling there too, even if they’re not supposed to. Sometimes people would just come and dump trash there too. There is surveillance and staff will do something if there is gross negligence. Enforcement Vail has practiced an education-first approach to enforcement for a long time since 2014, but this has not deterred the successful growth of the recycling program. Vail doesn’t currently issue tickets, but this does not mean an absence of enforcement methods. The ordinance was initially written so that it has required court summons for violations since 2014. Vail recently added recycling violations to wildlife warning tags and the code enforcement team watches for grossly noticeable recycling violations. The code enforcement team and Vail’s Environmental Sustainability Coordinator can write court summons now if needed. Typically, if there is a court violation, the penalty is minimal. Court summons can also impact second home owners who may be from out of the country and hold special visas. Historically enforcement in general has been minimal - usually it is for wildlife violations (leaving carts out overnight, not having wildlife resistant carts, etc.). There is a code enforcement officer that was hired on recently and recycling violations are a priority of hers, so that lack of enforcement is starting to change a bit and more violations are being issued. The police department is asking the Sustainability team to consider moving to a ticket-and-fine approach. If ATTACHMENT 3 - Vail Case Study this changes, Vail will amend their Recycling Ordinance. Overall, from the municipal perspective, it is very hard to enforce recycling requirements. It takes authority, power and human resources to succeed. Ticketing might be a more effective approach than court summons. Haulers that operate in Vail assist with enforcement as well. They would leave hang-tags on the recycling receptacle to notify customers that their recycling is contaminated. Penalties or fines would typically be added to the next bill if issued. Results & Impact Since the implementation of the Recycling Ordinance, Vail’s recycling went from 9% to 35%, with a 90% registration rate. As a reference, Eagle County’s recycling rate is 32% and the State of Colorado is 15%. The Recycling Ordinance set up a good foundation for other waste management programs, such as the curbside pilot composting program in 2021. The goal of the curbside composting program is to improve organic waste diversion, as outlined in the Eagle County Climate Action Plan. The pilot program ran from summer 2021 to summer 2022. For the first year, Vail subsidized the half of the monthly subscription fee for all 50 something residential participants (including both single family homes and an HOA with 20+ units). Around 20 other businesses have expressed interest to join as well. Vail is surveying current participants for feedback, and they hope to get to a point where they can start mandating composting as they did with recycling. Future Internal Management: municipality-run waste management, typically contracted with a single hauler via a bid process, is one of the best and most effective practices to increase recycling and waste diversion success due to the full-control that municipalities can exercise over requirements. Municipalities can usually receive a more competitive deal from haulers, which in turn benefits the customers. Customers don’t have to interact with haulers directly and don’t think about waste management as an extra thing to deal with; this would usually lead to less stress and help people perceive recycling as “a given”. A municipal management of waste collection also means that municipalities can receive much cleaner data to calculate waste diversion rates and inform strategies for improvement. On the operation side, a single hauler, compared to 3 or 4, would also reduce the traffic of trash trucks on the road, hence reducing GHG emissions. Vail is aware of all the benefits but is currently not considering implementation. There is a desire by Vail Town Council to maintain the free market. However, it may be an option in the future. ATTACHMENT 3 - Vail Case Study Waste Management of Colorado (WM) is committed to providing reliable, safe, and courteous services to every customer, every week. Thank you for allowing us to keep Hayden safe, clean and green. SERVICE REMINDERS •Place your wheeled cart(s) at the curb by 7:00 a.m. on Tuesday for service. •Be sure the cart handle faces the house, not the street, and the cart is four feet from any other object (mailbox, tree, fence, other carts, etc.) so that we can service it safely. •Cart lid must be shut to ensure service. Material left outside the container may be subject to additional fees. •Do not put chemicals, batteries, propane tanks or other hazardous waste in your curbside cart. •Important! Please bag your trash but not recyclables. Recyclable materials should be placed loose in the recycling cart. NEW COLLECTION RATES (Effective February 1, 2021) Weekly residential trash & every-other-week recycling service: $30.50/month Senior rate: $19.50 OPTIONAL: Extra trash/recycle cart: $19.00/month QUESTIONS? If you’d like to start service, add an extra cart, add recycling, cancel service and for billing questions, please contact the Town at (970) 276-3741. For service issues, like reporting a missed pick-up, or to schedule a bulky item collection, please contact WM Customer Service at (970) 879-2400. Town of Hayden 2021 Waste & Recycling Service Information BULKY ITEM COLLECTION AVAILABLE Schedule a large item collection today from the comfort of your own home! Call WM customer service at (970) 879-2400. Acceptable Items: large appliances (Freon removed), sofa, lounge chair, microwave, water heater, mattress, yard waste (4 cubic feet). Rate per item collected: $43 ATTACHMENT 4: EDUCATIONAL MATERIALS EXAMPLES Hayden 2021 Recycling Calendar Recycle (Clean & Dry): * Items are not limited to those above. •Plastic bags, wrap or film (return bags to store) •Food, liquids •Yard waste, wood •Shredded paper •Electronics •Clothes, bedding, carpet •Medical/hazardous waste •Foam cups, take-out containers, packing material Do NOT Recycle:* Aluminum & Steel Cans Glass Bottles & Jars Paper Cardboard & Boxboard Plastic Bottles, Jugs & Jars Friday, Jan. 1 Monday, May 31 Sunday, July 4 Monday, Sept. 6 Thursday, Nov. 25 Saturday, Dec. 25 •New Year’s Day •Memorial Day •Independence Day •Labor Day •Thanksgiving Day •Christmas Day Holidays noted with a square may affect your collection service. If your service day falls on or after a holiday, your service will be delayed by one (1) day. Regular service will resume the following week. Service will not be delayed if the holiday falls on a Sunday. Service Day Guidelines Service Holidays QUESTIONS?Call (970) 879-2400. • On your service day, place your recycling and trash carts at the curb by 7 a.m. with the wheels facing the curb. • Please ensure recyclables fit in your recycling cart with the lid closed. •Do not bag your recyclables. 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29 30 28 29 30 26 27 28 29 30 31 31 Town of Milliken Trash & Recycling Services 2022 Update Have your carts at the curb the night before or no later than 6:00 a.m. on your collection day. (even if your driver typically comes later). Questions Town of Milliken - (970) 587-4331 • Billing Rates • Service Change Requests WM of Colorado - (970) 482-6319 • Waste or recycling services questions • Additional Cart Requests Trash & Recycling Rates • Single Family Home Trash Service • Single Family Home Trash Service (Senior Rate) • Single Family Home Recycling Service • Extra Bagged/Bundled Materials Additional Cart Fees • Extra Trash Cart • Extra Recycling Cart WM strives to deliver the safest, most-efficient service. Rates are increasing in 2022 (effective July 1, 2022) due to rising costs for fuel, labor, equipment and supplies. 2022 Rates • $15.74/month • $13.55/month • $10.44/month • $4.95/bag • $9.49/month per cart • $5.02/month per cart 2021 Rates • $12.56/month • $10.63/month • $9.21/month • $4.37/bag • $8.37/month per cart • $4.43/month per cart Trash Service WM provides households one 96-gallon wheeled cart. Trash should be bagged and must fit inside cart with the lid fully closed. Recycling Service WM provides households one 96-gallon wheeled cart. Recyclable materials should be placed loosely in the cart, not bagged. If you would like to start recycling service, please call the Town at (970) 587-4331. Need More Cart Space? Order a second trash or recycling cart. To order an additional cart call WM at (970) 482-6319. Please allow two weeks for container. To ensure our driver can safely service your trash and recycling, place cart(s) four feet from any other object such as mailboxes, fences, bushes, trees, cars or other carts with wheels facing the curb. Be sure cart lids are fully closed.3 ft.3 ft.3 ft. To learn more about how to properly recycle visit wm.com/RecycleRight. Town of Milliken Trash & Recycling Services 2022 Update My WM Alerts To access your WM service and account information and get timely automated notifications, set up an online profile. Choose how you prefer to be notified - via email or text message. Visit My WM at wm.com. Service Alerts When weather or emergencies occur in your area, you can check for notices regarding WM service delays at wm.com/ weather-alert/index.jsp. 2022 Holiday Schedule Service days occurring on or after an observed holiday will be delayed and resumed one day later for the remainder of the week. Normal schedules will resume the following week. If the holiday is NOT listed below, service will occur regularly. • New Years Day - Monday, Jan. 3 • Memorial Day - Monday, May 30 • Independence Day - Monday, July 4 • Labor Day - Monday, Sept. 5 • Thanksgiving Day - Thursday, Nov. 24 Always Recycle Do Not Include In Your Recycling Container Plastic Bottles & Containers Food & Beverage Cans Glass Bottles & Containers Paper, Newspaper & Magazines Flattened Cardboard & Paperboard • Empty recyclables loose into your cart - don’t bag recyclables and no loose plastic bags. Instead, reuse or return plastic bags to local retailers. • Containers should be empty and free from food and liquid. • Break down and flatten cardboad boxes before placing inside carts. • Plastic bags, wrap or film (return bags to store) • Food, liquids • Yard waste, wood • Shredded paper • Electronics • Clothes, bedding, carpet • Medical / hazardous waste • Foam cups, take-out containers, packing material • Waxy cartons • Tanglers (hoses, wire, rope, etc.) Items are not limited to those listed. How to Recycle in Eagle County Always Recycle These Items Bottles, Tubs, Jugs with lids attached Aluminum Cans plz don’t crush & remove stickers or wrappingsTin Cans Glass Jars & Bottles without lids Newspaper, Paper, Office/Mixed Paper Sale T oday Magazines & Junk Mail Paperboard no frozen food boxes ClimateActionCollaborative.org #BeBetterTogether Sort Your Recycling ®Eagle County Waste Wizard is a Free Recycling App Download this Guide at: walkingmountains.org/recycleguide Bin 1 Plastics, glass, cans & bottles Bin 2 Paper & paperboard Bring to drop-site Cardboard (not collected curbside) Dual-Stream: > FREE RECYCLING DROP-SITES > VAIL HONEYWAGON in the communities of: TOWN OF EAGLE TOWN OF MINTURN 2 BINS (DUAL-STREAM) Put all recyclables into the same bin. Note that most businesses use single-stream. Single-Stream: > VAIL VALLEY WASTE > WASTE MANAGEMENT > VAIL HONEYWAGON all other residential pick up aside from the dual stream communities on the right. 1 BIN (SINGLE-STREAM) Available in English and Spanish Reach out to Honeywagon Organics for information about the compost drop-site program FREE RECYCLING DROP-SITES LANDFILL & Textiles and Compost! & Textiles and Compost! Vail | 75 S. Frontage Road Red Cli | 400 Pine St. Avon | 375 Yoder Ave. Edwards | West End of Mountain Recreation Field House Eagle | 1050 Chambers Ave. Gypsum | Ridley’s Market & Textiles and Compost! 30% 33% Eagle County State Average DIVERSION RATES CURRENT 81% CAN BE DIVERTED FROM THE OF YOUR WASTE 81% Dual-Stream Recycling Only • Plastic Cups • Clam Shell Containers fruits & veggies • Shredded Paper ALWAYS “REDUCE” THESE TRASH ITEMS! WHERE TO DIVERT? Household Hazardous & Electronic Waste Facility Fabric & Textile Drop-Sites Trinity Recycling (Scrap Metal & Appliances) Hard To Recycle Events Check the Waste Wizard App for these opportunities Compost Drop-Sites 30% by 2030Eagle County Climate Action Plan Goal Don’t just throw away old or used items! Help find them a new home... FREE RECYCLING DROP-SITES LANDFILL & Textiles and Compost! & Textiles and Compost! Vail | 75 S. Frontage Road Red Cli | 400 Pine St. Avon | 375 Yoder Ave. Edwards | West End of Mountain Recreation Field House Eagle | 1050 Chambers Ave. Gypsum | Ridley’s Market & Textiles and Compost! 30% 33% Eagle County State Average DIVERSION RATES CURRENT 81% CAN BE DIVERTED FROM THE OF YOUR WASTE 81% Cardboard Single-Stream or Drop-site NEW TRASH ITEMS! • Aspectic Cartons juice and milk cartons • Starbucks/hot coffee cups ALWAYS TRASH • Broken Stemware or Ceramics • Small Plastics utensils, cold/hot drink lids, dressing cups • Styrofoam Don’t guess! Check the Waste Wizard App STEP 1: RECYCLE WHAT YOU CAN STEP 2: DIVERT OTHER ITEMS STEP 3: TRASH THESE ITEMS Winter 2021-2022 • Batteries • CFL Light Bulbs • Electronic Waste • Food, Yard Waste & Greasy Pizza Boxes compost! • Scrap Metal • Plastic Bags includes grocery and trash bags • Aerosal Spray Cans • Syringes & Needles • Textiles clothing, sheets, fabrics, shoes Special Collection Locations Exist For These Items These items never ever go in home or business recycling, however... 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager RE: Ordinance No. 22-14 Approving the Purchase and Sale of Real Property DATE: Sept 9, 2022 SUMMARY: Ordinance No. 22-14 Approving the Purchase and Sale of Real Property is presented to Council for first reading. The property presented for acquisition is Unit 1B, Sherwood Meadows, which is a three bedroom townhome adjacent to the Unit 1A that is currently owned by the Town. This residence is proposed to be acquired for Avon employee housing. The residence can either be rented or sold to an Avon employee. If this residence is sold to an Avon employee, it is proposed to be sold with a price cap that limits appreciation and with a first right of the Town of Avon to re-acquire the property. TERMS: The standard contract form to Buy and Sell Real Estate Real Property from the Colorado Real Estate Commission is used for this transaction. An appraisal process has started. The intent is that the Owner and Town will negotiate the sale and purchase price after receiving the appraisal. Title review, due diligence inspections, and determination of the purchase price should be completed before second reading. Closing cannot occur until 30 days after second reading, so first reading is presented even though the purchase price is not yet agreed in order to proceed with the scheduling for second reading. HOME RULE CHARTER: Section 18.3 of the Avon Home Rule Charter states, Section 18.3 - Restrictions on sale of municipally-owned real property. The Town shall not sell or dispose of municipally-owned buildings or real property in use for public purposes without first obtaining the approval of a majority of the electors voting thereon. The Town Attorney has advised that based on this language and case law in Colorado, the acquisition, use and resale of residential property for housing purposes does not constitute “real property in use for public purposes” and therefore voter approval for resale is not required. “Real property in use for public purposes” includes properties like Nottingham Park, the Town Hall, Police Station and Recreation Center. FINANCIAL CONSIDERATIONS: The funds for the acquisition is proposed to come out of the Town of Avon’s general fund reserve balances. If the Town re-sells this property to a Town employee, the reserve funds would be replaced to the extent of the sales price. Thank you, Eric ATTACHMENT A: Ordinance No. 22-14 Ord 22-14 Authorizing Unit 1-B, Sherwood Meadows First Reading – September 13, 2022 Page 1 of 2 ORDINANCE NO. 22-14 AUTHORIZING PURCHASE OF SHERWOOD MEADOWS UNIT 1B WHEREAS, the Town Council (“Council”) of the Town of Avon (“Town”) is authorized to purchase real estate by ordinance; and WHEREAS, Council finds that the acquisition of residential property for Town of Avon employee housing is beneficial and will help to stabilize and preserve the Town’s workforce; and WHEREAS, the Owner of Unit 1-B, Sherwood Meadows, 371 Nottingham Road, Town of Avon, CO (“Property”) desires to negotiate the sale of the Property to the Town; and WHEREAS, Council finds that the acquisition and intended use of the Property is not for public use and that any future resale of this residential Property will not be subject to Section 18.3 of the Avon Home Rule Charter; and WHEREAS, Council held a public hearing on September 27, 2022; and WHEREAS, the Town Council finds that the acquisition of residential property will promote the health, safety and general welfare of the Avon community; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Approval of Contract. The form of the Contract to Buy and Sell Real Estate (Residential) (“Contract”) attached as Exhibit A is hereby approved. The Mayor, Town Clerk and Town Attorney are authorized to execute the Contract and all other documents related to the closing and acquisition of the Property. 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 ATTACHMENT A: Ord 22-14 Ord 22-14 Authorizing Unit 1-B, Sherwood Meadows First Reading – September 13, 2022 Page 2 of 2 to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. Publication by Posting. 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 September 13, 2022 and setting such public hearing for September 27, 2022 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on September 27, 2022. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Karl Hanlon, Town Attorney ATTACHMENT A: Ord 22-14 CBS1--6-21. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 1 of 9 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. 1 (CBS1-6-21) (Mandatory 1-22) 2 3 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. 4 5 CONTRACT TO BUY AND SELL REAL ESTATE 6 (RESIDENTIAL) 7 8 Date: 9 AGREEMENT 10 1. AGREEMENT. Buyer agrees to buy and Seller agrees to sell the Property described below on the terms and conditions set forth in this contract (Contract).11 2. PARTIES AND PROPERTY.12 2.1. Buyer. Town of Avon a Colorado home rule municipal corporation, (Buyer) will take title to the Property described below as Joint Tenants Tenants In 13 Common Other . 14 2.2. No Assignability. This Contract IS NOT assignable by Buyer unless otherwise specified in Additional Provisions. 15 2.3. Seller. Martin Matthew Golembiewski (Seller) is the current owner of the Property described below. 16 2.4. Property. The Property is the following legally described real estate in the County of Eagle, Colorado (insert legal description): 17 18 Unit 1-B, Sherwood Meadows, Phase 1, according to the Condominium Map recorded January 24, 1980 in Book 297 at Page 857 and as defined and described in 19 Condominium Declaration recorded February 13, 1980 in Book 298 at page 730 and Supplement recorded December 16, 1980 in Book 314 at Page 825, 20 County of Eagle, State of Colorado 21 22 known as: 371 Nottingham Road, #1B Avon Colorado 81620 , 23 Street Address City State Zip 24 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto and all interest of Seller in vacated streets and alleys adjacent 25 thereto, except as herein excluded (Property). 26 2.5. Inclusions. The Purchase Price includes the following items (Inclusions): 27 2.5.1. Inclusions – Attached. If attached to the Property on the date of this Contract, the following items are included unless excluded under Exclusions: lighting, 28 heating, plumbing, ventilating and air conditioning units, TV antennas, inside telephone, network and coaxial (cable) wiring and connecting blocks/jacks, plants, mirrors, floor 29 coverings, intercom systems, built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories) and garage door openers (including 30 _______ remote controls). If checked, the following are owned by the Seller and included: Solar Panels Water Softeners Security Systems Satellite Systems 31 (including satellite dishes). Leased items should be listed under § 2.5.7. (Leased Items). If any additional items are attached to the Property after the date of this Contract, such 32 additional items are also included in the Purchase Price. 33 2.5.2. Inclusions – Not Attached. If on the Property, whether attached or not, on the date of this Contract, the following items are included unless excluded 34 under Exclusions: storm windows, storm doors, window and porch shades, awnings, blinds, screens, window coverings and treatments, curtain rods, drapery rods, fireplace 35 inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, carbon monoxide alarms, smoke/fire detectors and all keys. 36 2.5.3. Other Inclusions. The following items, whether fixtures or personal property, are also included in the Purchase Price: 37 38 39 40 41 42 If the box is checked, Buyer and Seller have concurrently entered into a separate agreement for additional personal property outside of this Contract. 43 2.5.4. Encumbered Inclusions. Any Inclusions owned by Seller (e.g., owned solar panels) must be conveyed at Closing by Seller free and clear of all taxes 44 (except personal property and general real estate taxes for the year of Closing), liens and encumbrances, except: 45 46 47 48 2.5.5. Personal Property Conveyance. Conveyance of all personal property will be by bill of sale or other applicable legal instrument. 49 2.5.6. Parking and Storage Facilities. The use or ownership of the following parking facilities: 50 ; and the use or ownership of the following storage facilities: . Note to Buyer: If exact rights to the parking 51 and storage facilities is a concern to Buyer, Buyer should investigate. 52 2.5.7. Leased Items. The following personal property is currently leased to Seller which will be transferred to Buyer at Closing (Leased Items): 53 54 55 56 57 2.6. Exclusions. The following items are excluded (Exclusions): 58 59 60 61 2.7. Water Rights/Well Rights. 62 2.7.1. Deeded Water Rights. The following legally described water rights: 63 64 65 66 Any deeded water rights will be conveyed by a good and sufficient deed at Closing. 67 2.7.2. Other Rights Relating to Water. The following rights relating to water not included in §§ 2.7.1., 2.7.3. and 2.7.4., will be transferred to Buyer at Closing: 68 69 70 71 72 2.7.3. Well Rights. Seller agrees to supply required information to Buyer about the well. Buyer understands that if the well to be transferred is a “Small Capacity 73 Well” or a “Domestic Exempt Water Well” used for ordinary household purposes, Buyer must, prior to or at Closing, complete a Change in Ownership form for the well. If an 74 existing well has not been registered with the Colorado Division of Water Resources in the Department of Natural Resources (Division), Buyer must complete a registration of 75 existing well form for the well and pay the cost of registration. If no person will be providing a closing service in connection with the transaction, Buyer must file the form with 76 the Division within sixty days after Closing. The Well Permit # is . 77 2.7.4. Water Stock Certificates. The water stock certificates to be transferred at Closing are as follows: 78 79 80 81 2.7.5. Conveyance. If Buyer is to receive any rights to water pursuant to § 2.7.2. (Other Rights Relating to Water), § 2.7.3. (Well Rights), or § 2.7.4. (Water 82 Stock Certificates), Seller agrees to convey such rights to Buyer by executing the applicable legal instrument at Closing. 83 2.7.6. Water Rights Review. Buyer Does Does Not have a Right to Terminate if examination of the Water Rights is unsatisfactory to Buyer on or before 84 the Water Rights Examination Deadline. 85 3. DATES, DEADLINES AND APPLICABILITY.86 3.1. Dates and Deadlines. 87 Item No. Reference Event Date or Deadline 1 §3 Time of Day Deadline Close of Business EXHIBIT A: Purchase Contract CBS1--6-21. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 2 of 9 2 § 4 Alternative Earnest Money Deadline N/A Title 3 § 8 Record Title Deadline (and Tax Certificate) 9/22/2022 4 § 8 Record Title Objection Deadline 9/29/2022 5 § 8 Off-Record Title Deadline 9/15/2022 6 § 8 Off-Record Title Objection Deadline 9/22/2022 7 § 8 Title Resolution Deadline 10/04/2022 8 § 8 Third Party Right to Purchase/Approve Deadline Owners’ Association 9 § 7 Association Documents Deadline 9/22/2022 10 § 7 Association Documents Termination Deadline 9/29/2022 Seller’s Disclosures 11 § 10 Seller’s Property Disclosure Deadline 9/22/2022 12 § 10 Lead-Based Paint Disclosure Deadline 9/29/2022 Loan and Credit 13 § 5 New Loan Application Deadline 14 § 5 New Loan Terms Deadline 15 § 5 New Loan Availability Deadline 16 § 5 Buyer’s Credit Information Deadline 17 § 5 Disapproval of Buyer’s Credit Information Deadline 18 § 5 Existing Loan Deadline 19 § 5 Existing Loan Termination Deadline 20 § 5 Loan Transfer Approval Deadline 21 § 4 Seller or Private Financing Deadline Appraisal 22 § 6 Appraisal Deadline 10/12/2022 23 § 6 Appraisal Objection Deadline 10/19/2022 24 § 6 Appraisal Resolution Deadline 10/26/2022 Survey 25 § 9 New ILC or New Survey Deadline 9/29/2022 26 § 9 New ILC or New Survey Objection Deadline 10/4/2022 27 § 9 New ILC or New Survey Resolution Deadline 10/12/2022 Inspection and Due Diligence 28 § 2 Water Rights Examination Deadline 29 § 8 Mineral Rights Examination Deadline 9/22/2022 30 § 10 Inspection Termination Deadline 10/04/2022 31 § 10 Inspection Objection Deadline 9/22/2022 32 § 10 Inspection Resolution Deadline 9/29/2022 33 § 10 Property Insurance Termination Deadline 10/04/2022 34 § 10 Due Diligence Documents Delivery Deadline 9/22/2022 35 § 10 Due Diligence Documents Objection Deadline 9/29/2022 36 § 10 Due Diligence Documents Resolution Deadline 10/04/2022 37 § 10 Conditional Sale Deadline 38 § 10 Lead-Based Paint Termination Deadline 10/04/2022 Closing and Possession 39 § 12 Closing Date October 27, 2022 40 § 17 Possession Date At closing 41 § 17 Possession Time At closing 42 § 27 Acceptance Deadline Date 43 § 27 Acceptance Deadline Time Note: If FHA or VA loan boxes are checked in § 4.5.3. (Loan Limitations), the Appraisal deadlines DO NOT apply to FHA insured or VA guaranteed loans. 88 3.2. Applicability of Terms. If any deadline blank in § 3.1. (Dates and Deadlines) is left blank or completed with “N/A”, or the word “Deleted,” such deadline is not 89 applicable and the corresponding provision containing the deadline is deleted. Any box checked in this Contract means the corresponding provision applies. If no box is checked 90 in a provision that contains a selection of “None”, such provision means that “None” applies. 91 The abbreviation “MEC” (mutual execution of this Contract) means the date upon which both parties have signed this Contract. The abbreviation “N/A” as used in this Contract 92 means not applicable. 93 3.3. Day; Computation of Period of Days; Deadlines. 94 3.3.1. Day. As used in this Contract, the term “day” means the entire day ending at 11:59 p.m., United States Mountain Time (Standard or Daylight Savings, as 95 applicable). Except however, if a Time of Day Deadline is specified in § 3.1. (Dates and Deadlines), all Objection Deadlines, Resolution Deadlines, Examination Deadlines and 96 Termination Deadlines will end on the specified deadline date at the time of day specified in the Time of Day Deadline, United States Mountain Time. If Time of Day Deadline 97 is left blank or “N/A” the deadlines will expire at 11:59 p.m., United States Mountain Time. 98 3.3.2. Computation of Period of Days. In computing a period of days (e.g., three days after MEC), when the ending date is not specified, the first day is excluded 99 and the last day is included. 100 3.3.3. Deadlines. If any deadline falls on a Saturday, Sunday or federal or Colorado state holiday (Holiday), such deadline Will Will Not be extended 101 to the next day that is not a Saturday, Sunday or Holiday. Should neither box be checked, the deadline will not be extended. 102 4. PURCHASE PRICE AND TERMS. 103 4.1. Price and Terms. The Purchase Price set forth below is payable in U.S. Dollars by Buyer as follows: 104 Item No. Reference Item Amount Amount 1 § 4.1. Purchase Price $ 2 § 4.3. Earnest Money 18,000 $ 3 § 4.5. New Loan $ 4 § 4.6. Assumption Balance $ 5 § 4.7. Private Financing $ 6 § 4.7. Seller Financing $ 7 8 9 § 4.4. Cash at Closing $ 10 TOTAL $ $ 4.2. Seller Concession. At Closing, Seller will credit to Buyer $______________ (Seller Concession). The Seller Concession may be used for any Buyer fee, cost, 105 charge or expenditure to the extent the amount is allowed by the Buyer’s lender and is included in the Closing Statement or Closing Disclosure at Closing. Examples of allowable 106 items to be paid for by the Seller Concession include, but are not limited to: Buyer’s closing costs, loan discount points, loan origination fees, prepaid items and any other fee, 107 cost, charge, expense or expenditure. Seller Concession is in addition to any sum Seller has agreed to pay or credit Buyer elsewhere in this Contract. 108 4.3. Earnest Money. The Earnest Money set forth in this Section, in the form of a Check, will be payable to and held by Land Title Guarantee Company, Avon Colorado 109 (Earnest Money Holder), in its trust account, on behalf of both Seller and Buyer. The Earnest Money deposit must be tendered, by Buyer, with this Contract unless the parties 110 mutually agree to an Alternative Earnest Money Deadline for its payment. The parties authorize delivery of the Earnest Money deposit to the company conducting the Closing 111 (Closing Company), if any, at or before Closing. In the event Earnest Money Holder has agreed to have interest on Earnest Money deposits transferred to a fund established for 112 EXHIBIT A: Purchase Contract CBS1--6-21. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 3 of 9 the purpose of providing affordable housing to Colorado residents, Seller and Buyer acknowledge and agree that any interest accruing on the Earnest Money deposited with the 113 Earnest Money Holder in this transaction will be transferred to such fund. 114 4.3.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than at the time of tender of this Contract, is as set forth 115 as the Alternative Earnest Money Deadline. 116 4.3.2. Disposition of Earnest Money. If Buyer has a Right to Terminate and timely terminates, Buyer is entitled to the return of Earnest Money as provided in 117 this Contract. If this Contract is terminated as set forth in § 24 and, except as provided in § 23 (Earnest Money Dispute), if the Earnest Money has not already been returned 118 following receipt of a Notice to Terminate, Seller agrees to execute and return to Buyer or Broker working with Buyer, written mutual instructions (e.g., Earnest Money Release 119 form), within three days of Seller’s receipt of such form. If Seller is entitled to the Earnest Money, and, except as provided in § 23 (Earnest Money Dispute), if the Earnest Money 120 has not already been paid to Seller, following receipt of an Earnest Money Release form, Buyer agrees to execute and return to Seller or Broker working with Seller, written 121 mutual instructions (e.g., Earnest Money Release form), within three days of Buyer’s receipt. 122 4.3.2.1. Seller Failure to Timely Return Earnest Money. If Seller fails to timely execute and return the Earnest Money Release Form, or other written 123 mutual instructions, Seller is in default and liable to Buyer as set forth in “If Seller is in Default”, § 20.2. and § 21, unless Seller is entitled to the Earnest Money due to a Buyer 124 default. 125 4.3.2.2. Buyer Failure to Timely Release Earnest Money. If Buyer fails to timely execute and return the Earnest Money Release Form, or other written 126 mutual instructions, Buyer is in default and liable to Seller as set forth in “If Buyer is in Default, § 20.1. and § 21, unless Buyer is entitled to the Earnest Money due to a Seller 127 Default. 128 4.4. Form of Funds; Time of Payment; Available Funds. 129 4.4.1. Good Funds. All amounts payable by the parties at Closing, including any loan proceeds, Cash at Closing and closing costs, must be in funds that comply 130 with all applicable Colorado laws, including electronic transfer funds, certified check, savings and loan teller’s check and cashier’s check (Good Funds). 131 4.4.2. Time of Payment. All funds, including the Purchase Price to be paid by Buyer, must be paid before or at Closing or as otherwise agreed in writing between 132 the parties to allow disbursement by Closing Company at Closing OR SUCH NONPAYING PARTY WILL BE IN DEFAULT. 133 4.4.3. Available Funds. Buyer represents that Buyer, as of the date of this Contract, Does Does Not have funds that are immediately verifiable and 134 available in an amount not less than the amount stated as Cash at Closing in § 4.1. 135 4.5. New Loan. 136 4.5.1. Buyer to Pay Loan Costs. Buyer, except as otherwise permitted in § 4.2. (Seller Concession), if applicable, must timely pay Buyer’s loan costs, loan 137 discount points, prepaid items and loan origination fees as required by lender. 138 4.5.2. Buyer May Select Financing. Buyer may pay in cash or select financing appropriate and acceptable to Buyer, including a different loan than initially 139 sought, except as restricted in § 4.5.3. (Loan Limitations) or § 29 (Additional Provisions). 140 4.5.3. Loan Limitations. Buyer may purchase the Property using any of the following types of loans: 141 Conventional FHA VA Bond Other . If either or both of the FHA or VA boxes are 142 checked, and Buyer closes the transaction using one of those loan types, Seller agrees to pay those closing costs and fees that Buyer is not allowed by law to pay not to exceed $143 . 144 4.5.4. Loan Estimate – Monthly Payment and Loan Costs. Buyer is advised to review the terms, conditions and costs of Buyer’s New Loan carefully. If Buyer 145 is applying for a residential loan, the lender generally must provide Buyer with a Loan Estimate within three days after Buyer completes a loan application. Buyer also should 146 obtain an estimate of the amount of Buyer’s monthly mortgage payment. 147 4.6. Assumption. Buyer agrees to assume and pay an existing loan in the approximate amount of the Assumption Balance set forth in § 4.1. (Price and Terms), presently 148 payable at $______________ per ________________ including principal and interest presently at the rate of ________% per annum and also including escrow for the following 149 as indicated: Real Estate Taxes Property Insurance Premium Mortgage Insurance Premium and . 150 Buyer agrees to pay a loan transfer fee not to exceed $_____________. At the time of assumption, the new interest rate will not exceed ________% per annum and the new 151 payment will not exceed $_____________ per ________________ principal and interest, plus escrow, if any. If the actual principal balance of the existing loan at Closing is less 152 than the Assumption Balance, which causes the amount of cash required from Buyer at Closing to be increased by more than $_____________, or if any other terms or provisions 153 of the loan change, Buyer has the Right to Terminate under § 24.1. on or before Closing Date. 154 Seller Will Will Not be released from liability on said loan. If applicable, compliance with the requirements for release from liability will be evidenced by delivery 155 on or before Loan Transfer Approval Deadline at Closing of an appropriate letter of commitment from lender. Any cost payable for release of liability will be paid by 156 in an amount not to exceed $_____________. 157 4.7. Seller or Private Financing. 158 WARNING: Unless the transaction is exempt, federal and state laws impose licensing, other requirements and restrictions on sellers and private financiers. Contract provisions 159 on financing and financing documents, unless exempt, should be prepared by a licensed Colorado attorney or licensed mortgage loan originator. Brokers should not prepare or 160 advise the parties on the specifics of financing, including whether or not a party is exempt from the law. 161 4.7.1. Seller Financing. If Buyer is to pay all or any portion of the Purchase Price with Seller financing, Buyer Seller will deliver the proposed Seller 162 financing documents to the other party on or before _________ days before Seller or Private Financing Deadline. 163 4.7.1.1. Seller May Terminate. If Seller is to provide Seller financing, this Contract is conditional upon Seller determining whether such financing is 164 satisfactory to the Seller, including its payments, interest rate, terms, conditions, cost, and compliance with the law. Seller has the Right to Terminate under § 24.1., on or before 165 Seller or Private Financing Deadline, if such Seller financing is not satisfactory to Seller, in Seller’s sole subjective discretion. 166 4.7.2. Buyer May Terminate. If Buyer is to pay all or any portion of the Purchase Price with Seller or private financing, this Contract is conditional upon Buyer 167 determining whether such financing is satisfactory to Buyer, including its availability, payments, interest rate, terms, conditions, and cost. Buyer has the Right to Terminate under 168 § 24.1, on or before Seller or Private Financing Deadline, if such Seller or private financing is not satisfactory to Buyer, in Buyer’s sole subjective discretion. 169 TRANSACTION PROVISIONS 170 5. FINANCING CONDITIONS AND OBLIGATIONS. 171 5.1. New Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining one or more new loans (New Loan), or if an existing loan is not to be 172 released at Closing, Buyer, if required by such lender, must make an application verifiable by such lender, on or before New Loan Application Deadline and exercise reasonable 173 efforts to obtain such loan or approval. 174 5.2. New Loan Terms; New Loan Availability. 175 5.2.1. New Loan Terms. If Buyer is to pay all or part of the Purchase Price with a New Loan, this Contract is conditional upon Buyer determining, in Buyer’s 176 sole subjective discretion, whether the proposed New Loan’s payments, interest rate, conditions and costs or any other loan terms (New Loan Terms) are satisfactory to Buyer. 177 This condition is for the sole benefit of Buyer. Buyer has the Right to Terminate under § 24.1., on or before New Loan Terms Deadline, if the New Loan Terms are not 178 satisfactory to Buyer, in Buyer’s sole subjective discretion. 179 5.2.2. New Loan Availability. If Buyer is to pay all or part of the Purchase Price with a New Loan, this Contract is conditional upon Buyer’s satisfaction with the 180 availability of the New Loan based on the lender’s review and underwriting of Buyer’s New Loan Application (New Loan Availability). Buyer has the Right to Terminate under § 181 24.1., on or before the New Loan Availability Deadline if the New Loan Availability is not satisfactory to Buyer. Buyer does not have a Right to Terminate based on the New Loan 182 Availability if the termination is based on the New Loan Terms, Appraised Value (defined below), the Lender Property Requirements (defined below), Insurability (§ 10.5. below) 183 or the Conditional Upon Sale of Property (§ 10.7. below). IF SELLER IS NOT IN DEFAULT AND DOES NOT TIMELY RECEIVE BUYER’S WRITTEN NOTICE TO 184 TERMINATE, BUYER’S EARNEST MONEY WILL BE NONREFUNDABLE, except as otherwise provided in this Contract (e.g., Appraisal, Title, Survey). 185 5.3. Credit Information. If an existing loan is not to be released at Closing, this Contract is conditional (for the sole benefit of Seller) upon Seller’s approval of Buyer’s 186 financial ability and creditworthiness, which approval will be in Seller’s sole subjective discretion. Accordingly: (1) Buyer must supply to Seller by Buyer’s Credit Information 187 Deadline, at Buyer’s expense, information and documents (including a current credit report) concerning Buyer’s financial, employment and credit condition; (2) Buyer consents 188 that Seller may verify Buyer’s financial ability and creditworthiness; and (3) any such information and documents received by Seller must be held by Seller in confidence and 189 not released to others except to protect Seller’s interest in this transaction. If the Cash at Closing is less than as set forth in § 4.1. of this Contract, Seller has the Right to Terminate 190 under § 24.1., on or before Closing. If Seller disapproves of Buyer’s financial ability or creditworthiness, in Seller’s sole subjective discretion, Seller has the Right to Terminate 191 under § 24.1., on or before Disapproval of Buyer’s Credit Information Deadline. 192 5.4. Existing Loan Review. If an existing loan is not to be released at Closing, Seller must deliver copies of the loan documents (including note, deed of trust and any 193 modifications) to Buyer by Existing Loan Deadline. For the sole benefit of Buyer, this Contract is conditional upon Buyer’s review and approval of the provisions of such loan 194 documents. Buyer has the Right to Terminate under § 24.1., on or before Existing Loan Termination Deadline, based on any unsatisfactory provision of such loan documents, 195 in Buyer’s sole subjective discretion. If the lender’s approval of a transfer of the Property is required, this Contract is conditional upon Buyer obtaining such approval without 196 change in the terms of such loan, except as set forth in § 4.6. If lender’s approval is not obtained by Loan Transfer Approval Deadline, this Contract will terminate on such 197 deadline. Seller has the Right to Terminate under § 24.1., on or before Closing, in Seller’s sole subjective discretion, if Seller is to be released from liability under such existing 198 loan and Buyer does not obtain such compliance as set forth in § 4.6. 199 6. APPRAISAL PROVISIONS. 200 6.1. Appraisal Definition. An “Appraisal” is an opinion of value prepared by a licensed or certified appraiser, engaged on behalf of Buyer or Buyer’s lender, to determine 201 the Property’s market value (Appraised Value). The Appraisal may also set forth certain lender requirements, replacements, removals or repairs necessary on or to the Property 202 as a condition for the Property to be valued at the Appraised Value. 203 6.2. Appraised Value. The applicable appraisal provision set forth below applies to the respective loan type set forth in § 4.5.3., or if a cash transaction (i.e., no 204 financing), § 6.2.1. applies. 205 EXHIBIT A: Purchase Contract CBS1--6-21. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 4 of 9 6.2.1. Conventional/Other. Buyer has the right to obtain an Appraisal. If the Appraised Value is less than the Purchase Price, or if the Appraisal is not received 206 by Buyer on or before Appraisal Deadline Buyer may, on or before Appraisal Objection Deadline: 207 6.2.1.1. Notice to Terminate. Notify Seller in writing, pursuant to § 24.1., that this Contract is terminated; or 208 6.2.1.2. Appraisal Objection. Deliver to Seller a written objection accompanied by either a copy of the Appraisal or written notice from lender that 209 confirms the Appraised Value is less than the Purchase Price (Lender Verification). 210 6.2.1.3. Appraisal Resolution. If an Appraisal Objection is received by Seller, on or before Appraisal Objection Deadline and if Buyer and Seller have 211 not agreed in writing to a settlement thereof on or before Appraisal Resolution Deadline, this Contract will terminate on the Appraisal Resolution Deadline, unless Seller 212 receives Buyer’s written withdrawal of the Appraisal Objection before such termination, (i.e., on or before expiration of Appraisal Resolution Deadline). 213 6.2.2. FHA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the purchaser (Buyer) shall not be obligated to complete the 214 purchase of the Property described herein or to incur any penalty by forfeiture of Earnest Money deposits or otherwise unless the purchaser (Buyer) has been given, in accordance 215 with HUD/FHA or VA requirements, a written statement issued by the Federal Housing Commissioner, Department of Veterans Affairs, or a Direct Endorsement lender, setting 216 forth the appraised value of the Property of not less than $______________. The purchaser (Buyer) shall have the privilege and option of proceeding with the consummation of 217 this Contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and 218 Urban Development will insure. HUD does not warrant the value nor the condition of the Property. The purchaser (Buyer) should satisfy himself/herself/themselves that the price 219 and condition of the Property are acceptable. 220 6.2.3. VA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the purchaser (Buyer) shall not incur any penalty by forfeiture of 221 Earnest Money or otherwise or be obligated to complete the purchase of the Property described herein, if the Contract Purchase Price or cost exceeds the reasonable value of the 222 Property established by the Department of Veterans Affairs. The purchaser (Buyer) shall, however, have the privilege and option of proceeding with the consummation of this 223 Contract without regard to the amount of the reasonable value established by the Department of Veterans Affairs. 224 6.3. Lender Property Requirements. If the lender imposes any written requirements, replacements, removals or repairs, including any specified in the Appraisal 225 (Lender Property Requirements) to be made to the Property (e.g., roof repair, repainting), beyond those matters already agreed to by Seller in this Contract, this Contract terminates 226 on the earlier of three days following Seller’s receipt of the Lender Property Requirements, or Closing, unless prior to termination: (1) the parties enter into a written agreement 227 to satisfy the Lender Property Requirements; (2) the Lender Property Requirements have been completed; or (3) the satisfaction of the Lender Property Requirements is waived 228 in writing by Buyer. 229 6.4. Cost of Appraisal. Cost of the Appraisal to be obtained after the date of this Contract must be timely paid by Buyer Seller. The cost of the Appraisal may 230 include any and all fees paid to the appraiser, appraisal management company, lender’s agent or all three. 231 7. OWNERS’ ASSOCIATIONS. This Section is applicable if the Property is located within one or more Common Interest Communities and subject to one or more 232 declarations (Association). 233 7.1. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON INTEREST COMMUNITY AND IS SUBJECT TO 234 THE DECLARATION FOR THE COMMUNITY. THE OWNER OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNERS’ 235 ASSOCIATION FOR THE COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. THE 236 DECLARATION, BYLAWS AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL OBLIGATIONS UPON THE OWNER OF THE PROPERTY, 237 INCLUDING AN OBLIGATION TO PAY ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE 238 ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION, BYLAWS AND RULES 239 AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN 240 ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. 241 PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF 242 MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND 243 RULES AND REGULATIONS OF THE ASSOCIATION. 244 7.2. Association Documents to Buyer. Seller is obligated to provide to Buyer the Association Documents (defined below), at Seller’s expense, on or before Association 245 Documents Deadline. Seller authorizes the Association to provide the Association Documents to Buyer, at Seller’s expense. Seller’s obligation to provide the Association 246 Documents is fulfilled upon Buyer’s receipt of the Association Documents, regardless of who provides such documents. 247 7.3. Association Documents. Association documents (Association Documents) consist of the following: 248 7.3.1. All Association declarations, articles of incorporation, bylaws, articles of organization, operating agreements, rules and regulations, party wall agreements 249 and the Association’s responsible governance policies adopted under § 38-33.3-209.5, C.R.S.; 250 7.3.2. Minutes of: (1) the annual owners’ or members’ meeting and (2) any executive boards’ or managers’ meetings; such minutes include those provided under 251 the most current annual disclosure required under § 38-33.3-209.4, C.R.S. (Annual Disclosure) and minutes of meetings, if any, subsequent to the minutes disclosed in the Annual 252 Disclosure. If none of the preceding minutes exist, then the most recent minutes, if any (§§ 7.3.1. and 7.3.2., collectively, Governing Documents); and 253 7.3.3. List of all Association insurance policies as provided in the Association’s last Annual Disclosure, including, but not limited to, property, general liability, 254 association director and officer professional liability and fidelity policies. The list must include the company names, policy limits, policy deductibles, additional named insureds 255 and expiration dates of the policies listed (Association Insurance Documents); 256 7.3.4. A list by unit type of the Association’s assessments, including both regular and special assessments as disclosed in the Association’s last Annual Disclosure; 257 7.3.5. The Association’s most recent financial documents which consist of: (1) the Association’s operating budget for the current fiscal year, (2) the Association’s 258 most recent annual financial statements, including any amounts held in reserve for the fiscal year immediately preceding the Association’s last Annual Disclosure, (3) the results 259 of the Association’s most recent available financial audit or review, (4) list of the fees and charges (regardless of name or title of such fees or charges) that the Association’s 260 community association manager or Association will charge in connection with the Closing including, but not limited to, any fee incident to the issuance of the Association’s 261 statement of assessments (Status Letter), any rush or update fee charged for the Status Letter, any record change fee or ownership record transfer fees (Record Change Fee), fees 262 to access documents, (5) list of all assessments required to be paid in advance, reserves or working capital due at Closing and (6) reserve study, if any (§§ 7.3.4. and 7.3.5., 263 collectively, Financial Documents); 264 7.3.6. Any written notice from the Association to Seller of a “construction defect action” under § 38-33.3-303.5, C.R.S. within the past six months and the result 265 of whether the Association approved or disapproved such action (Construction Defect Documents). Nothing in this Section limits the Seller’s obligation to disclose adverse 266 material facts as required under § 10.2. (Disclosure of Adverse Material Facts; Subsequent Disclosure; Present Condition) including any problems or defects in the common 267 elements or limited common elements of the Association property. 268 7.4. Conditional on Buyer’s Review. Buyer has the right to review the Association Documents. Buyer has the Right to Terminate under § 24.1., on or before 269 Association Documents Termination Deadline, based on any unsatisfactory provision in any of the Association Documents, in Buyer’s sole subjective discretion. Should Buyer 270 receive the Association Documents after Association Documents Deadline, Buyer, at Buyer’s option, has the Right to Terminate under § 24.1. by Buyer’s Notice to Terminate 271 received by Seller on or before ten days after Buyer’s receipt of the Association Documents. If Buyer does not receive the Association Documents, or if Buyer’s Notice to 272 Terminate would otherwise be required to be received by Seller after Closing Date, Buyer’s Notice to Terminate must be received by Seller on or before Closing. If Seller does 273 not receive Buyer’s Notice to Terminate within such time, Buyer accepts the provisions of the Association Documents as satisfactory and Buyer waives any Right to Terminate 274 under this provision, notwithstanding the provisions of § 8.6. (Third Party Right to Purchase/Approve). 275 8. TITLE INSURANCE, RECORD TITLE AND OFF-RECORD TITLE. 276 8.1. Evidence of Record Title. 277 8.1.1. Seller Selects Title Insurance Company. If this box is checked, Seller will select the title insurance company to furnish the owner’s title insurance policy 278 at Seller’s expense. On or before Record Title Deadline, Seller must furnish to Buyer, a current commitment for an owner’s title insurance policy (Title Commitment), in an 279 amount equal to the Purchase Price, or if this box is checked, an Abstract of Title certified to a current date. Seller will cause the title insurance policy to be issued and 280 delivered to Buyer as soon as practicable at or after Closing. 281 8.1.2. Buyer Selects Title Insurance Company. If this box is checked, Buyer will select the title insurance company to furnish the owner’s title insurance policy 282 at Buyer’s expense. On or before Record Title Deadline, Buyer must furnish to Seller, a current commitment for owner’s title insurance policy (Title Commitment), in an amount 283 equal to the Purchase Price. 284 If neither box in § 8.1.1. or § 8.1.2. is checked, § 8.1.1. applies. 285 8.1.3. Owner’s Extended Coverage (OEC). The Title Commitment Will Will Not contain Owner’s Extended Coverage (OEC). If the Title Commitment 286 is to contain OEC, it will commit to delete or insure over the standard exceptions which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4) 287 unrecorded mechanics’ liens, (5) gap period (period between the effective date and time of commitment to the date and time the deed is recorded) and (6) unpaid taxes, assessments 288 and unredeemed tax sales prior to the year of Closing. Any additional premium expense to obtain OEC will be paid by Buyer Seller One-Half by Buyer and One-289 Half by Seller Other__________________________. 290 Regardless of whether the Contract requires OEC, the Title Insurance Commitment may not provide OEC or delete or insure over any or all of the standard exceptions for OEC. 291 The Title Insurance Company may require a New Survey or New ILC, defined below, among other requirements for OEC. If the Title Insurance Commitment is not satisfactory 292 to Buyer, Buyer has a right to object under § 8.7. (Right to Object to Title, Resolution). 293 8.1.4. Title Documents. Title Documents consist of the following: (1) copies of any plats, declarations, covenants, conditions and restrictions burdening the 294 Property and (2) copies of any other documents (or, if illegible, summaries of such documents) listed in the schedule of exceptions (Exceptions) in the Title Commitment furnished 295 to Buyer (collectively, Title Documents). 296 8.1.5. Copies of Title Documents. Buyer must receive, on or before Record Title Deadline, copies of all Title Documents. This requirement pertains only to 297 documents as shown of record in the office of the clerk and recorder in the county where the Property is located. The cost of furnishing copies of the documents required in this 298 Section will be at the expense of the party or parties obligated to pay for the owner’s title insurance policy. 299 EXHIBIT A: Purchase Contract CBS1--6-21. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 5 of 9 8.1.6. Existing Abstracts of Title. Seller must deliver to Buyer copies of any abstracts of title covering all or any portion of the Property (Abstract of Title) in 300 Seller’s possession on or before Record Title Deadline. 301 8.2. Record Title. Buyer has the right to review and object to the Abstract of Title or Title Commitment and any of the Title Documents as set forth in § 8.7. (Right to 302 Object to Title, Resolution) on or before Record Title Objection Deadline. Buyer’s objection may be based on any unsatisfactory form or content of Title Commitment or 303 Abstract of Title, notwithstanding § 13, or any other unsatisfactory title condition, in Buyer’s sole subjective discretion. If the Abstract of Title, Title Commitment or Title 304 Documents are not received by Buyer on or before the Record Title Deadline, or if there is an endorsement to the Title Commitment that adds a new Exception to title, a copy 305 of the new Exception to title and the modified Title Commitment will be delivered to Buyer. Buyer has until the earlier of Closing or ten days after receipt of such documents by 306 Buyer to review and object to: (1) any required Title Document not timely received by Buyer, (2) any change to the Abstract of Title, Title Commitment or Title Documents, or 307 (3) any endorsement to the Title Commitment. If Seller receives Buyer’s Notice to Terminate or Notice of Title Objection, pursuant to this § 8.2. (Record Title), any title objection 308 by Buyer is governed by the provisions set forth in § 8.7. (Right to Object to Title, Resolution). If Seller has fulfilled all Seller’s obligations, if any, to deliver to Buyer all 309 documents required by § 8.1. (Evidence of Record Title) and Seller does not receive Buyer’s Notice to Terminate or Notice of Title Objection by the applicable deadline specified 310 above, Buyer accepts the condition of title as disclosed by the Abstract of Title, Title Commitment and Title Documents as satisfactory. 311 8.3. Off-Record Title. Seller must deliver to Buyer, on or before Off-Record Title Deadline, true copies of all existing surveys in Seller’s possession pertaining to the 312 Property and must disclose to Buyer all easements, liens (including, without limitation, governmental improvements approved, but not yet installed) or other title matters not 313 shown by public records, of which Seller has actual knowledge (Off-Record Matters). This Section excludes any New ILC or New Survey governed under § 9 (New ILC, New 314 Survey). Buyer has the right to inspect the Property to investigate if any third party has any right in the Property not shown by public records (e.g., unrecorded easement, boundary 315 line discrepancy or water rights). Buyer’s Notice to Terminate or Notice of Title Objection of any unsatisfactory condition (whether disclosed by Seller or revealed by such 316 inspection, notwithstanding § 8.2. (Record Title) and § 13 (Transfer of Title), in Buyer’s sole subjective discretion, must be received by Seller on or before Off-Record Title 317 Objection Deadline. If an Off-Record Matter is received by Buyer after the Off-Record Title Deadline, Buyer has until the earlier of Closing or ten days after receipt by Buyer 318 to review and object to such Off-Record Matter. If Seller receives Buyer’s Notice to Terminate or Notice of Title Objection pursuant to this § 8.3. (Off-Record Title), any title 319 objection by Buyer is governed by the provisions set forth in § 8.7. (Right to Object to Title, Resolution). If Seller does not receive Buyer’s Notice to Terminate or Notice of Title 320 Objection by the applicable deadline specified above, Buyer accepts title subject to such Off-Record Matters and rights, if any, of third parties not shown by public records of 321 which Buyer has actual knowledge. 322 8.4. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY 323 REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH 324 DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE 325 CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE 326 IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE 327 COUNTY TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY AND BY OBTAINING FURTHER INFORMATION 328 FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. 329 8.5. Tax Certificate. A tax certificate paid for by Seller Buyer, for the Property listing any special taxing districts that affect the Property (Tax Certificate) 330 must be delivered to Buyer on or before Record Title Deadline. If the Property is located within a special taxing district and such inclusion is unsatisfactory to Buyer, in Buyer’s 331 sole subjective discretion, Buyer may terminate, on or before Record Title Objection Deadline. Should Buyer receive the Tax Certificate after Record Title Deadline, Buyer, 332 at Buyer’s option, has the Right to Terminate under § 24.1. by Buyer’s Notice to Terminate received by Seller on or before ten days after Buyer’s receipt of the Tax Certificate. 333 If Buyer does not receive the Tax Certificate, or if Buyer’s Notice to Terminate would otherwise be required to be received by Seller after Closing Date, Buyer’s Notice to 334 Terminate must be received by Seller on or before Closing. If Seller does not receive Buyer’s Notice to Terminate within such time, Buyer accepts the provisions of the Tax 335 Certificate and the inclusion of the Property in a special taxing district, if applicable, as satisfactory and Buyer waives any Right to Terminate under this provision. If Buyer’s 336 loan specified in §4.5.3. (Loan Limitations) prohibits Buyer from paying for the Tax Certificate, the Tax Certificate will be paid for by Seller. 337 8.6. Third Party Right to Purchase/Approve. If any third party has a right to purchase the Property (e.g., right of first refusal on the Property, right to purchase the 338 Property under a lease or an option held by a third party to purchase the Property) or a right of a third party to approve this Contract, Seller must promptly submit this Contract 339 according to the terms and conditions of such right. If the third-party holder of such right exercises its right this Contract will terminate. If the third party’s right to purchase is 340 waived explicitly or expires, or the Contract is approved, this Contract will remain in full force and effect. Seller must promptly notify Buyer in writing of the foregoing. If the 341 third party right to purchase is exercised or approval of this Contract has not occurred on or before Third Party Right to Purchase/Approve Deadline, this Contract will then 342 terminate. Seller will supply to Buyer, in writing, details of any Third Party Right to Purchase the Property on or before the Record Title Deadline. 343 8.7. Right to Object to Title, Resolution. Buyer has a right to object or terminate, in Buyer’s sole subjective discretion, based on any title matters including those 344 matters set forth in § 8.2. (Record Title), § 8.3. (Off-Record Title), § 8.5. (Special Taxing District) and § 13 (Transfer of Title). If Buyer exercises Buyer’s rights to object or 345 terminate based on any such title matter, on or before the applicable deadline, Buyer has the following options: 346 8.7.1. Title Objection, Resolution. If Seller receives Buyer’s written notice objecting to any title matter (Notice of Title Objection) on or before the applicable 347 deadline and if Buyer and Seller have not agreed to a written settlement thereof on or before Title Resolution Deadline, this Contract will terminate on the expiration of Title 348 Resolution Deadline, unless Seller receives Buyer’s written withdrawal of Buyer’s Notice of Title Objection (i.e., Buyer’s written notice to waive objection to such items and 349 waives the Right to Terminate for that reason), on or before expiration of Title Resolution Deadline. If either the Record Title Deadline or the Off-Record Title Deadline, or 350 both, are extended pursuant to § 8.2. (Record Title) or § 8.3. (Off-Record Title) the Title Resolution Deadline also will be automatically extended to the earlier of Closing or 351 fifteen days after Buyer’s receipt of the applicable documents; or 352 8.7.2. Title Objection, Right to Terminate. Buyer may exercise the Right to Terminate under § 24.1., on or before the applicable deadline, based on any title 353 matter unsatisfactory to Buyer, in Buyer’s sole subjective discretion. 354 8.8. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed carefully. Additionally, other matters not reflected 355 in the Title Documents may affect the title, ownership and use of the Property, including, without limitation, boundary lines and encroachments, set-back requirements, area, 356 zoning, building code violations, unrecorded easements and claims of easements, leases and other unrecorded agreements, water on or under the Property and various laws and 357 governmental regulations concerning land use, development and environmental matters. 358 8.8.1. OIL, GAS, WATER AND MINERAL DISCLOSURE. THE SURFACE ESTATE OF THE PROPERTY MAY BE OWNED SEPARATELY 359 FROM THE UNDERLYING MINERAL ESTATE AND TRANSFER OF THE SURFACE ESTATE MAY NOT NECESSARILY INCLUDE TRANSFER OF THE 360 MINERAL ESTATE OR WATER RIGHTS. THIRD PARTIES MAY OWN OR LEASE INTERESTS IN OIL, GAS, OTHER MINERALS, GEOTHERMAL 361 ENERGY OR WATER ON OR UNDER THE SURFACE OF THE PROPERTY, WHICH INTERESTS MAY GIVE THEM RIGHTS TO ENTER AND USE THE 362 SURFACE OF THE PROPERTY TO ACCESS THE MINERAL ESTATE, OIL, GAS OR WATER. 363 8.8.2. SURFACE USE AGREEMENT. THE USE OF THE SURFACE ESTATE OF THE PROPERTY TO ACCESS THE OIL, GAS OR MINERALS 364 MAY BE GOVERNED BY A SURFACE USE AGREEMENT, A MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY 365 CLERK AND RECORDER. 366 8.8.3. OIL AND GAS ACTIVITY. OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT TO THE PROPERTY MAY INCLUDE, 367 BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, 368 PRODUCING WELLS, REWORKING OF CURRENT WELLS AND GAS GATHERING AND PROCESSING FACILITIES. 369 8.8.4. ADDITIONAL INFORMATION. BUYER IS ENCOURAGED TO SEEK ADDITIONAL INFORMATION REGARDING OIL AND GAS 370 ACTIVITY ON OR ADJACENT TO THE PROPERTY, INCLUDING DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE 371 FROM THE COLORADO OIL AND GAS CONSERVATION COMMISSION. 372 8.8.5. Title Insurance Exclusions. Matters set forth in this Section and others, may be excepted, excluded from, or not covered by the owner’s title insurance 373 policy. 374 8.9. Mineral Rights Review. Buyer Does Does Not have a Right to Terminate if examination of the Mineral Rights is unsatisfactory to Buyer on or before the 375 Mineral Rights Examination Deadline. 376 9. NEW ILC, NEW SURVEY. 377 9.1. New ILC or New Survey. If the box is checked, (1) New Improvement Location Certificate (New ILC); or, (2) New Survey in the form of 378 ___________________________________________; is required and the following will apply: 379 9.1.1. Ordering of New ILC or New Survey. Seller Buyer will order the New ILC or New Survey. The New ILC or New Survey may also be a 380 previous ILC or survey that is in the above-required form, certified and updated as of a date after the date of this Contract. 381 9.1.2. Payment for New ILC or New Survey. The cost of the New ILC or New Survey will be paid, on or before Closing, by: Seller Buyer or: 382 383 384 9.1.3. Delivery of New ILC or New Survey. Buyer, Seller, the issuer of the Title Commitment (or the provider of the opinion of title if an Abstract of Title) 385 and _____________________ will receive a New ILC or New Survey on or before New ILC or New Survey Deadline. 386 9.1.4. Certification of New ILC or New Survey. The New ILC or New Survey will be certified by the surveyor to all those who are to receive the New ILC or 387 New Survey. 388 9.2. Buyer’s Right to Waive or Change New ILC or New Survey Selection. Buyer may select a New ILC or New Survey different than initially specified in this 389 Contract if there is no additional cost to Seller or change to the New ILC or New Survey Objection Deadline. Buyer may, in Buyer’s sole subjective discretion, waive a New 390 ILC or New Survey if done prior to Seller incurring any cost for the same. 391 9.3. New ILC or New Survey Objection. Buyer has the right to review and object based on the New ILC or New Survey. If the New ILC or New Survey is not timely 392 received by Buyer or is unsatisfactory to Buyer, in Buyer’s sole subjective discretion, Buyer may, on or before New ILC or New Survey Objection Deadline, notwithstanding 393 § 8.3. or § 13: 394 9.3.1. Notice to Terminate. Notify Seller in writing, pursuant to § 24.1, that this Contract is terminated; or 395 EXHIBIT A: Purchase Contract CBS1--6-21. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 6 of 9 9.3.2. New ILC or New Survey Objection. Deliver to Seller a written description of any matter that was to be shown or is shown in the New ILC or New 396 Survey that is unsatisfactory and that Buyer requires Seller to correct. 397 9.3.3. New ILC or New Survey Resolution. If a New ILC or New Survey Objection is received by Seller, on or before New ILC or New Survey Objection 398 Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before New ILC or New Survey Resolution Deadline, this Contract will terminate on 399 expiration of the New ILC or New Survey Resolution Deadline, unless Seller receives Buyer’s written withdrawal of the New ILC or New Survey Objection before such 400 termination (i.e., on or before expiration of New ILC or New Survey Resolution Deadline). 401 DISCLOSURE, INSPECTION AND DUE DILIGENCE 402 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, DUE DILIGENCE AND SOURCE OF WATER. 403 10.1. Seller’s Property Disclosure. On or before Seller’s Property Disclosure Deadline, Seller agrees to deliver to Buyer the most current version of the applicable 404 Colorado Real Estate Commission’s Seller’s Property Disclosure form completed by Seller to Seller’s actual knowledge and current as of the date of this Contract. 405 10.2. Disclosure of Adverse Material Facts; Subsequent Disclosure; Present Condition. Seller must disclose to Buyer any adverse material facts actually known by 406 Seller as of the date of this Contract. Seller agrees that disclosure of adverse material facts will be in writing. In the event Seller discovers an adverse material fact after the date 407 of this Contract, Seller must timely disclose such adverse fact to Buyer. Buyer has the Right to Terminate based on the Seller’s new disclosure on the earlier of Closing or five 408 days after Buyer’s receipt of the new disclosure. Except as otherwise provided in this Contract, Buyer acknowledges that Seller is conveying the Property to Buyer in an “As Is” 409 condition, “Where Is” and “With All Faults.” 410 10.3. Inspection. Unless otherwise provided in this Contract, Buyer, acting in good faith, has the right to have inspections (by one or more third parties, personally or 411 both) of the Property, Leased Items, and Inclusions (Inspection), at Buyer’s expense. If (1) the physical condition of the Property, including, but not limited to, the roof, walls, 412 structural integrity of the Property, the electrical, plumbing, HVAC and other mechanical systems of the Property, (2) the physical condition of the Inclusions and Leased Items, 413 (3) service to the Property (including utilities and communication services), systems and components of the Property (e.g., heating and plumbing), (4) any proposed or existing 414 transportation project, road, street or highway, or (5) any other activity, odor or noise (whether on or off the Property) and its effect or expected effect on the Property or its 415 occupants is unsatisfactory, in Buyer’s sole subjective discretion, Buyer may: 416 10.3.1. Inspection Termination. On or before the Inspection Termination Deadline, notify Seller in writing, pursuant to § 24.1., that this Contract is terminated 417 due to any unsatisfactory condition, provided the Buyer did not previously deliver an Inspection Objection. Buyer’s Right to Terminate under this provision expires upon delivery 418 of an Inspection Objection to Seller pursuant to § 10.3.2.; or 419 10.3.2. Inspection Objection. On or before the Inspection Objection Deadline, deliver to Seller a written description of any unsatisfactory condition that Buyer 420 requires Seller to correct. 421 10.3.3. Inspection Resolution. If an Inspection Objection is received by Seller, on or before Inspection Objection Deadline and if Buyer and Seller have not 422 agreed in writing to a settlement thereof on or before Inspection Resolution Deadline, this Contract will terminate on Inspection Resolution Deadline unless Seller receives 423 Buyer’s written withdrawal of the Inspection Objection before such termination (i.e., on or before expiration of Inspection Resolution Deadline). Nothing in this provision 424 prohibits the Buyer and the Seller from mutually terminating this Contract before the Inspection Resolution Deadline passes by executing an Earnest Money Release. 425 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract or other written agreement between the parties, is responsible for payment 426 for all inspections, tests, surveys, engineering reports, or other reports performed at Buyer’s request (Work) and must pay for any damage that occurs to the Property and Inclusions 427 as a result of such Work. Buyer must not permit claims or liens of any kind against the Property for Work performed on the Property. Buyer agrees to indemnify, protect and 428 hold Seller harmless from and against any liability, damage, cost or expense incurred by Seller and caused by any such Work, claim, or lien. This indemnity includes Seller’s 429 right to recover all costs and expenses incurred by Seller to defend against any such liability, damage, cost or expense, or to enforce this Section, including Seller’s reasonable 430 attorney fees, legal fees and expenses. The provisions of this Section survive the termination of this Contract. This § 10.4. does not apply to items performed pursuant to an 431 Inspection Resolution. 432 10.5. Insurability. Buyer has the Right to Terminate under § 24.1., on or before Property Insurance Termination Deadline, based on any unsatisfactory provision of 433 the availability, terms and conditions and premium for property insurance (Property Insurance) on the Property, in Buyer’s sole subjective discretion. 434 10.6. Due Diligence. 435 10.6.1. Due Diligence Documents. Seller agrees to deliver copies of the following documents and information pertaining to the Property and Leased Items (Due 436 Diligence Documents) to Buyer on or before Due Diligence Documents Delivery Deadline: 437 10.6.1.1. Occupancy Agreements. All current leases, including any amendments or other occupancy agreements, pertaining to the Property. Those leases 438 or other occupancy agreements pertaining to the Property that survive Closing are as follows (Leases): 439 440 10.6.1.2. Leased Items Documents. If any lease of personal property (§ 2.5.7., Leased Items) will be transferred to Buyer at Closing, Seller agrees to 441 deliver copies of the leases and information pertaining to the personal property to Buyer on or before Due Diligence Documents Delivery Deadline. Buyer Will Will 442 Not assume the Seller’s obligations under such leases for the Leased Items (§ 2.5.7., Leased Items). 443 444 10.6.1.3. Encumbered Inclusions Documents. If any Inclusions owned by Seller are encumbered pursuant to § 2.5.4. (Encumbered Inclusions) above, 445 Seller agrees to deliver copies of the evidence of debt, security and any other documents creating the encumbrance to Buyer on or before Due Diligence Documents Delivery 446 Deadline. Buyer Will Will Not assume the debt on the Encumbered Inclusions (§ 2.5.4., Encumbered Inclusions). 447 448 10.6.1.4. Other Documents. Other documents and information: 449 450 10.6.2. Due Diligence Documents Review and Objection. Buyer has the right to review and object based on the Due Diligence Documents. If the Due Diligence 451 Documents are not supplied to Buyer or are unsatisfactory, in Buyer’s sole subjective discretion, Buyer may, on or before Due Diligence Documents Objection Deadline: 452 10.6.2.1. Notice to Terminate. Notify Seller in writing, pursuant to § 24.1., that this Contract is terminated; or 453 10.6.2.2. Due Diligence Documents Objection. Deliver to Seller a written description of any unsatisfactory Due Diligence Documents that Buyer 454 requires Seller to correct. 455 10.6.2.3. Due Diligence Documents Resolution. If a Due Diligence Documents Objection is received by Seller, on or before Due Diligence Documents 456 Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Due Diligence Documents Resolution Deadline, this Contract will 457 terminate on Due Diligence Documents Resolution Deadline unless Seller receives Buyer’s written withdrawal of the Due Diligence Documents Objection before such 458 termination (i.e., on or before expiration of Due Diligence Documents Resolution Deadline). 459 10.7. Conditional Upon Sale of Property. This Contract is conditional upon the sale and closing of that certain property owned by Buyer and commonly known as 460 . Buyer has the Right to Terminate under § 24.1. effective upon Seller’s receipt of Buyer’s Notice to 461 Terminate on or before Conditional Sale Deadline if such property is not sold and closed by such deadline. This Section is for the sole benefit of Buyer. If Seller does not receive 462 Buyer’s Notice to Terminate on or before Conditional Sale Deadline, Buyer waives any Right to Terminate under this provision. 463 10.8. Source of Potable Water (Residential Land and Residential Improvements Only). Buyer Does Does Not acknowledge receipt of a copy of Seller’s 464 Property Disclosure or Source of Water Addendum disclosing the source of potable water for the Property. There is No Well. Buyer Does Does Not acknowledge receipt 465 of a copy of the current well permit. 466 Note to Buyer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND WATER. YOU MAY WISH TO CONTACT 467 YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE) TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER’S WATER 468 SUPPLIES. 469 10.9. Existing Leases; Modification of Existing Leases; New Leases. [Intentionally Deleted] 470 10.10. Lead-Based Paint. 471 10.10.1. Lead-Based Paint Disclosure. Unless exempt, if the Property includes one or more residential dwellings constructed or a building permit was issued 472 prior to January 1, 1978, for the benefit of Buyer, Seller and all required real estate licensees must sign and deliver to Buyer a completed Lead-Based Paint Disclosure (Sales) 473 form on or before the Lead-Based Paint Disclosure Deadline. If Buyer does not timely receive the Lead-Based Paint Disclosure, Buyer may waive the failure to timely receive 474 the Lead-Based Paint Disclosure, or Buyer may exercise Buyer’s Right to Terminate under § 24.1. by Seller’s receipt of Buyer’s Notice to Terminate on or before the expiration 475 of the Lead-Based Paint Termination Deadline. 476 10.10.2. Lead-Based Paint Assessment. If Buyer elects to conduct or obtain a risk assessment or inspection of the Property for the presence of Lead-Based 477 Paint or Lead-Based Paint hazards, Buyer has a Right to Terminate under § 24.1. by Seller’s receipt of Buyer’s Notice to Terminate on or before the expiration of the Lead-478 Based Paint Termination Deadline. Buyer may elect to waive Buyer’s right to conduct or obtain a risk assessment or inspection of the Property for the presence of Lead-Based 479 Paint or Lead-Based Paint hazards. If Seller does not receive Buyer’s Notice to Terminate within such time, Buyer accepts the condition of the Property relative to any Lead-480 Based Paint as satisfactory and Buyer waives any Right to Terminate under this provision. 481 10.11. Carbon Monoxide Alarms. Note: If the improvements on the Property have a fuel-fired heater or appliance, a fireplace, or an attached garage and include one or 482 more rooms lawfully used for sleeping purposes (Bedroom), the parties acknowledge that Colorado law requires that Seller assure the Property has an operational carbon monoxide 483 alarm installed within fifteen feet of the entrance to each Bedroom or in a location as required by the applicable building code. 484 10.12. Methamphetamine Disclosure. If Seller knows that methamphetamine was ever manufactured, processed, cooked, disposed of, used or stored at the Property, 485 Seller is required to disclose such fact. No disclosure is required if the Property was remediated in accordance with state standards and other requirements are fulfilled pursuant 486 to § 25-18.5-102, C.R.S., Buyer further acknowledges that Buyer has the right to engage a certified hygienist or industrial hygienist to test whether the Property has ever been 487 used as a methamphetamine laboratory. Buyer has the Right to Terminate under § 24.1., upon Seller’s receipt of Buyer’s written Notice to Terminate, notwithstanding any other 488 provision of this Contract, based on Buyer’s test results that indicate the Property has been contaminated with methamphetamine, but has not been remediated to meet the 489 EXHIBIT A: Purchase Contract CBS1--6-21. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 7 of 9 standards established by rules of the State Board of Health promulgated pursuant to § 25-18.5-102, C.R.S. Buyer must promptly give written notice to Seller of the results of the 490 test. 491 11. TENANT ESTOPPEL STATEMENTS. [Intentionally Deleted] 492 CLOSING PROVISIONS 493 12. CLOSING DOCUMENTS, INSTRUCTIONS AND CLOSING. 494 12.1. Closing Documents and Closing Information. Seller and Buyer will cooperate with the Closing Company to enable the Closing Company to prepare and deliver 495 documents required for Closing to Buyer and Seller and their designees. If Buyer is obtaining a loan to purchase the Property, Buyer acknowledges Buyer’s lender is required to 496 provide the Closing Company, in a timely manner, all required loan documents and financial information concerning Buyer’s loan. Buyer and Seller will furnish any additional 497 information and documents required by Closing Company that will be necessary to complete this transaction. Buyer and Seller will sign and complete all customary or reasonably 498 required documents at or before Closing. 499 12.2. Closing Instructions. Colorado Real Estate Commission’s Closing Instructions Are Are Not executed with this Contract. 500 12.3. Closing. Delivery of deed from Seller to Buyer will be at closing (Closing). Closing will be on the date specified as the Closing Date or by mutual agreement at 501 an earlier date. At Closing, Seller agrees to deliver a set of keys for the Property to Buyer. The hour and place of Closing will be as designated by 502 ________________________________________. 503 12.4. Disclosure of Settlement Costs. Buyer and Seller acknowledge that costs, quality and extent of service vary between different settlement service providers (e.g., 504 attorneys, lenders, inspectors and title companies). 505 12.5. Assignment of Leases. Seller must assign to Buyer all Leases at Closing that will continue after Closing and Buyer must assume Seller’s obligations under such 506 Leases. Further, Seller must transfer to Buyer all Leased Items and assign to Buyer such leases for the Leased Items accepted by Buyer pursuant to § 2.5.7. (Leased Items). 507 13. TRANSFER OF TITLE. Subject to Buyer’s compliance with the terms and provisions of this Contract, including the tender of any payment due at Closing, Seller must 508 execute and deliver the following good and sufficient deed to Buyer, at Closing: special warranty deed general warranty deed bargain and sale deed quit claim 509 deed personal representative’s deed ____________________________ deed. Seller, provided another deed is not selected, must execute and deliver a good and sufficient 510 special warranty deed to Buyer, at Closing. 511 Unless otherwise specified in § 29 (Additional Provisions), if title will be conveyed using a special warranty deed or a general warranty deed, title will be conveyed “subject 512 to statutory exceptions” as defined in §38-30-113(5)(a), C.R.S. 513 14. PAYMENT OF LIENS AND ENCUMBRANCES. Unless agreed to by Buyer in writing, any amounts owed on any liens or encumbrances securing a monetary sum 514 against the Property and Inclusions, including any governmental liens for special improvements installed as of the date of Buyer’s signature hereon, whether assessed or not, and 515 previous years’ taxes, will be paid at or before Closing by Seller from the proceeds of this transaction or from any other source. 516 15. CLOSING COSTS, FEES, ASSOCIATION STATUS LETTER AND DISBURSEMENTS, TAXES AND WITHHOLDING. 517 15.1. Closing Costs. Buyer and Seller must pay, in Good Funds, their respective closing costs and all other items required to be paid at Closing, except as otherwise 518 provided herein. However, if Buyer’s loan specified in §4.5.3. (Loan Limitations) prohibits Buyer from paying for any of the fees contained in this Section, the fees will be paid 519 for by Seller. 520 15.2. Closing Services Fee. The fee for real estate closing services must be paid at Closing by Buyer Seller 521 One-Half by Buyer and One-Half by Seller Other . 522 15.3. Association Fees and Required Disbursements. At least fourteen days prior to Closing Date, Seller agrees to promptly request that the Closing Company or the 523 Association deliver to Buyer a current Status Letter, if applicable. Any fees associated with or specified in the Status Letter will be paid as follows: 524 15.3.1. Status Letter Fee. Any fee incident to the issuance of Association’s Status Letter must be paid by Buyer Seller One-Half by Buyer and 525 One-Half by Seller N/A. 526 15.3.2. Record Change Fee. Any Record Change Fee must be paid by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 527 15.3.3. Assessments, Reserves or Working Capital. All assessments required to be paid in advance (other than Association Assessments as defined in § 16.2. 528 (Association Assessments), reserves or working capital due at Closing must be paid by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 529 15.3.4. Other Fees. Any other fee listed in the Status Letter as required to be paid at Closing will be paid by Buyer Seller One-Half by Buyer and 530 One-Half by Seller N/A. 531 15.4. Local Transfer Tax. Any Local Transfer Tax must be paid at Closing by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 532 15.5. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction must be paid when due by Buyer Seller One-Half by Buyer 533 and One-Half by Seller N/A. 534 15.6. Private Transfer Fee. Any private transfer fees and other fees due to a transfer of the Property, payable at Closing, such as community association fees, developer 535 fees and foundation fees, must be paid at Closing by Buyer Seller 536 One-Half by Buyer and One-Half by Seller N/A. 537 15.7. Water Transfer Fees. Water Transfer Fees can change. The fees, as of the date of this Contract, do not exceed $____________ for: 538 Water Stock/Certificates Water District 539 Augmentation Membership Small Domestic Water Company 540 and must be paid at Closing by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 541 15.8. Utility Transfer Fees. Utility transfer fees can change. Any fees to transfer utilities from Seller to Buyer must be paid by Buyer Seller One-Half by 542 Buyer and One-Half by Seller N/A. 543 15.9. FIRPTA and Colorado Withholding. 544 15.9.1. FIRPTA. The Internal Revenue Service (IRS) may require a substantial portion of the Seller’s proceeds be withheld after Closing when Seller is a foreign 545 person. If required withholding does not occur, the Buyer could be held liable for the amount of the Seller’s tax, interest and penalties. If the box in this Section is checked, Seller 546 represents that Seller IS a foreign person for purposes of U.S. income taxation. If the box in this Section is not checked, Seller represents that Seller is not a foreign person 547 for purposes of U.S. income taxation. Seller agrees to cooperate with Buyer and Closing Company to provide any reasonably requested documents to verify Seller’s foreign 548 person status. If withholding is required, Seller authorizes Closing Company to withhold such amount from Seller’s proceeds. Seller should inquire with Seller’s tax advisor to 549 determine if withholding applies or if an exemption exists. 550 15.9.2. Colorado Withholding. The Colorado Department of Revenue may require a portion of the Seller’s proceeds be withheld after Closing when Seller will 551 not be a Colorado resident after Closing, if not otherwise exempt. Seller agrees to cooperate with Buyer and Closing Company to provide any reasonably requested documents 552 to verify Seller’s status. If withholding is required, Seller authorizes Closing Company to withhold such amount from Seller’s proceeds. Seller should inquire with Seller’s tax 553 advisor to determine if withholding applies or if an exemption exists. 554 16. PRORATIONS AND ASSOCIATION ASSESSMENTS. 555 16.1. Prorations. The following will be prorated to the Closing Date, except as otherwise provided: 556 16.1.1. Taxes. Personal property taxes, if any, special taxing district assessments, if any, and general real estate taxes for the year of Closing, based on Taxes 557 for the Calendar Year Immediately Preceding Closing Most Recent Mill Levy and Most Recent Assessed Valuation, adjusted by any applicable qualifying seniors property 558 tax exemption, qualifying disabled veteran exemption or Other . 559 16.1.2. Rents. Rents based on Rents Actually Received Accrued. At Closing, Seller will transfer or credit to Buyer the security deposits for all Leases 560 assigned to Buyer, or any remainder after lawful deductions, and notify all tenants in writing of such transfer and of the transferee’s name and address. 561 16.1.3. Other Prorations. Water and sewer charges, propane, interest on continuing loan and _________________. 562 16.1.4. Final Settlement. Unless otherwise specified in Additional Provisions, these prorations are final. 563 16.2. Association Assessments. Current regular Association assessments and dues (Association Assessments) paid in advance will be credited to Seller at Closing. Cash 564 reserves held out of the regular Association Assessments for deferred maintenance by the Association will not be credited to Seller except as may be otherwise provided by the 565 Governing Documents. Buyer acknowledges that Buyer may be obligated to pay the Association, at Closing, an amount for reserves or working capital. Any special assessment 566 assessed prior to Closing Date by the Association will be the obligation of Buyer Seller. Except however, any special assessment by the Association for improvements 567 that have been installed as of the date of Buyer’s signature hereon, whether assessed prior to or after Closing, will be the obligation of Seller unless otherwise specified in 568 Additional Provisions. Seller represents there are no unpaid regular or special assessments against the Property except the current regular assessments and 569 ______________________________. Association Assessments are subject to change as provided in the Governing Documents. 570 17. POSSESSION. Possession of the Property and Inclusions will be delivered to Buyer on Possession Date at Possession Time, subject to the Leases as set forth in § 10.6.1.1. 571 and, if applicable, any Post-Closing Occupancy Agreement. 572 If Seller, after Closing occurs, fails to deliver possession as specified, Seller will be subject to eviction and will be additionally liable to Buyer, notwithstanding § 20.2. (If 573 Seller is in Default), for payment of $ 150.00 per day (or any part of a day notwithstanding § 3.3., Day) from Possession Date and Possession 574 Time until possession is delivered. 575 Buyer represents that Buyer will occupy the Property as Buyer’s principal residence unless the following box is checked, then Buyer Does Not represent that Buyer 576 will occupy the Property as Buyer’s principal residence. 577 EXHIBIT A: Purchase Contract CBS1--6-21. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 8 of 9 If the box is checked, Buyer and Seller agree to execute a Post-Closing Occupancy Agreement. 578 GENERAL PROVISIONS 579 18. CAUSES OF LOSS, INSURANCE; DAMAGE TO INCLUSIONS AND SERVICES; CONDEMNATION; AND WALK-THROUGH. Except as otherwise 580 provided in this Contract, the Property, Inclusions or both will be delivered in the condition existing as of the date of this Contract, ordinary wear and tear excepted. 581 18.1. Causes of Loss, Insurance. In the event the Property or Inclusions are damaged by fire, other perils or causes of loss prior to Closing (Property Damage) in an 582 amount of not more than ten percent of the total Purchase Price and if the repair of the damage will be paid by insurance (other than the deductible to be paid by Seller), then 583 Seller, upon receipt of the insurance proceeds, will use Seller’s reasonable efforts to repair the Property before Closing Date. Buyer has the Right to Terminate under § 24.1., on 584 or before Closing Date, if the Property is not repaired before Closing Date, or if the damage exceeds such sum. Should Buyer elect to carry out this Contract despite such 585 Property Damage, Buyer is entitled to a credit at Closing for all insurance proceeds that were received by Seller (but not the Association, if any) resulting from damage to the 586 Property and Inclusions, plus the amount of any deductible provided for in the insurance policy. This credit may not exceed the Purchase Price. In the event Seller has not received 587 the insurance proceeds prior to Closing, the parties may agree to extend the Closing Date to have the Property repaired prior to Closing or, at the option of Buyer, (1) Seller must 588 assign to Buyer the right to the proceeds at Closing, if acceptable to Seller’s insurance company and Buyer’s lender; or (2) the parties may enter into a written agreement prepared 589 by the parties or their attorney requiring the Seller to escrow at Closing from Seller’s sale proceeds the amount Seller has received and will receive due to such damage, not 590 exceeding the total Purchase Price, plus the amount of any deductible that applies to the insurance claim. 591 18.2. Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication services), system, component or fixture of the Property 592 (collectively Service) (e.g., heating or plumbing), fail or be damaged between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for 593 the repair or replacement of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or replacement 594 of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance proceeds received by Buyer covering such repair or replacement. If the failed 595 or damaged Inclusion or Service is not repaired or replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 24.1., on or before 596 Closing Date, or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or Service. Such credit must not exceed the 597 Purchase Price. If Buyer receives such a credit, Seller’s right for any claim against the Association, if any, will survive Closing. 598 18.3. Condemnation. In the event Seller receives actual notice prior to Closing that a pending condemnation action may result in a taking of all or part of the Property 599 or Inclusions, Seller must promptly notify Buyer, in writing, of such condemnation action. Buyer has the Right to Terminate under § 24.1., on or before Closing Date, based on 600 such condemnation action, in Buyer’s sole subjective discretion. Should Buyer elect to consummate this Contract despite such diminution of value to the Property and Inclusions, 601 Buyer is entitled to a credit at Closing for all condemnation proceeds awarded to Seller for the diminution in the value of the Property or Inclusions, but such credit will not 602 include relocation benefits or expenses or exceed the Purchase Price. 603 18.4. Walk-Through and Verification of Condition. Buyer, upon reasonable notice, has the right to walk through the Property prior to Closing to verify that the 604 physical condition of the Property and Inclusions complies with this Contract. 605 18.5. Home Warranty. Seller and Buyer are aware of the existence of pre-owned home warranty programs that may be purchased and may cover the repair or replacement 606 of such Inclusions. 607 19. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this Contract, Buyer and Seller acknowledge that their respective broker has advised that this 608 Contract has important legal consequences and has recommended: (1) legal examination of title; (2) consultation with legal and tax or other counsel before signing this Contract 609 as this Contract may have important legal and tax implications; (3) to consult with their own attorney if Water Rights, Mineral Rights or Leased Items are included or excluded 610 in the sale; and (4) to consult with legal counsel if there are other matters in this transaction for which legal counsel should be engaged and consulted. Such consultations must 611 be done timely as this Contract has strict time limits, including deadlines, that must be complied with. 612 613 20. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence for all dates and deadlines in this Contract. This means that all dates and deadlines are strict 614 and absolute. If any payment due, including Earnest Money, is not paid, honored or tendered when due, or if any obligation is not performed timely as provided in this Contract 615 or waived, the non-defaulting party has the following remedies: 616 20.1. If Buyer is in Default: 617 20.1.1. Specific Performance. Seller may elect to cancel this Contract and all Earnest Money (whether or not paid by Buyer) will be paid to Seller and retained 618 by Seller. It is agreed that the Earnest Money is not a penalty, and the Parties agree the amount is fair and reasonable. Seller may recover such additional damages as may be 619 proper. Alternatively, Seller may elect to treat this Contract as being in full force and effect and Seller has the right to specific performance or damages, or both. 620 20.1.2. Liquidated Damages, Applicable. This § 20.1.2. applies unless the box in § 20.1.1. is checked. Seller may cancel this Contract. All Earnest Money 621 (whether or not paid by Buyer) will be paid to Seller and retained by Seller. It is agreed that the Earnest Money amount specified in § 4.1. is LIQUIDATED DAMAGES and not 622 a penalty, which amount the parties agree is fair and reasonable and (except as provided in §§ 10.4. and 21), such amount is SELLER’S ONLY REMEDY for Buyer’s failure to 623 perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages. 624 20.2. If Seller is in Default: 625 20.2.1. Specific Performance, Damages or Both. Buyer may elect to treat this Contract as canceled, in which case all Earnest Money received hereunder will 626 be returned to Buyer and Buyer may recover such damages as may be proper. Alternatively, in addition to the per diem in § 17 (Possession) for failure of Seller to timely deliver 627 possession of the Property after Closing occurs, Buyer may elect to treat this Contract as being in full force and effect and Buyer has the right to specific performance or damages, 628 or both. 629 20.2.2. Seller’s Failure to Perform. In the event Seller fails to perform Seller’s obligations under this Contract, to include, but not limited to, failure to timely 630 disclose Association violations known by Seller, failure to perform any replacements or repairs required under this Contract or failure to timely disclose any known adverse 631 material facts, Seller remains liable for any such failures to perform under this Contract after Closing. Buyer’s rights to pursue the Seller for Seller’s failure to perform under this 632 Contract are reserved and survive Closing. 633 21. LEGAL FEES, COST AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any arbitration or litigation relating to this Contract, prior to 634 or after Closing Date, the arbitrator or court must award to the prevailing party all reasonable costs and expenses, including attorney fees, legal fees and expenses. 635 22. MEDIATION. If a dispute arises relating to this Contract (whether prior to or after Closing) and is not resolved, the parties must first proceed, in good faith, to mediation. 636 Mediation is a process in which the parties meet with an impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding 637 decisions. Before any mediated settlement is binding, the parties to the dispute must agree to the settlement, in writing. The parties will jointly appoint an acceptable mediator 638 and will share equally in the cost of such mediation. The obligation to mediate, unless otherwise agreed, will terminate if the entire dispute is not resolved within thirty days of 639 the date written notice requesting mediation is delivered by one party to the other at that party’s last known address (physical or electronic as provided in § 26). Nothing in this 640 Section prohibits either party from filing a lawsuit and recording a lis pendens affecting the Property, before or after the date of written notice requesting mediation. This Section 641 will not alter any date in this Contract, unless otherwise agreed. 642 23. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder must release the Earnest Money following receipt of written mutual 643 instructions, signed by both Buyer and Seller. In the event of any controversy regarding the Earnest Money, Earnest Money Holder is not required to release the Earnest Money. 644 Earnest Money Holder, in its sole subjective discretion, has several options: (1) wait for any proceeding between Buyer and Seller; (2) interplead all parties and deposit Earnest 645 Money into a court of competent jurisdiction (Earnest Money Holder is entitled to recover court costs and reasonable attorney and legal fees incurred with such action); or (3) 646 provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller) containing the case 647 number of the lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Holder’s notice to the parties, Earnest Money Holder is authorized to return the Earnest 648 Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit and has not interpled the monies at the time of any Order, Earnest Money Holder must 649 disburse the Earnest Money pursuant to the Order of the Court. The parties reaffirm the obligation of § 22 (Mediation). This Section will survive cancellation or termination of 650 this Contract. 651 24. TERMINATION. 652 24.1. Right to Terminate. If a party has a right to terminate, as provided in this Contract (Right to Terminate), the termination is effective upon the other party’s receipt 653 of a written notice to terminate (Notice to Terminate), provided such written notice was received on or before the applicable deadline specified in this Contract. If the Notice to 654 Terminate is not received on or before the specified deadline, the party with the Right to Terminate accepts the specified matter, document or condition as satisfactory and waives 655 the Right to Terminate under such provision. 656 24.2. Effect of Termination. In the event this Contract is terminated, and all Earnest Money received hereunder is timely returned to Buyer, the parties are relieved of 657 all obligations hereunder, subject to §§ 10.4. and 21. 658 25. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL; SUCCESSORS. This Contract, its exhibits and specified addenda, constitute the entire agreement between 659 the parties relating to the subject hereof and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this Contract. No subsequent 660 modification of any of the terms of this Contract is valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any right or obligation in this 661 Contract that, by its terms, exists or is intended to be performed after termination or Closing survives the same. Any successor to a party receives the predecessor’s benefits and 662 obligations of this Contract. 663 EXHIBIT A: Purchase Contract CBS1--6-21. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 9 of 9 26. NOTICE, DELIVERY AND CHOICE OF LAW. 664 26.1. Physical Delivery and Notice. Any document or notice to Buyer or Seller must be in writing, except as provided in § 26.2. and is effective when physically 665 received by such party, any individual named in this Contract to receive documents or notices for such party, Broker, or Brokerage Firm of Broker working with such party 666 (except any notice or delivery after Closing must be received by the party, not Broker or Brokerage Firm). 667 26.2. Electronic Notice. As an alternative to physical delivery, any notice may be delivered in electronic form to Buyer or Seller, any individual named in this Contract 668 to receive documents or notices for such party, Broker or Brokerage Firm of Broker working with such party (except any notice or delivery after Closing, cancellation or 669 Termination must be received by the party, not Broker or Brokerage Firm) at the electronic address of the recipient by facsimile, email or _________________________________. 670 26.3. Electronic Delivery. Electronic Delivery of documents and notice may be delivered by: (1) email at the email address of the recipient, (2) a link or access to a 671 website or server provided the recipient receives the information necessary to access the documents, or (3) facsimile at the facsimile number (Fax No.) of the recipient. 672 26.4. Choice of Law. This Contract and all disputes arising hereunder are governed by and construed in accordance with the laws of the State of Colorado that would be 673 applicable to Colorado residents who sign a contract in Colorado for real property located in Colorado. 674 27. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal will expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below 675 and the offering party receives notice of such acceptance pursuant to § 26 on or before Acceptance Deadline Date and Acceptance Deadline Time. If accepted, this document 676 will become a contract between Seller and Buyer. A copy of this Contract may be executed by each party, separately and when each party has executed a copy thereof, such 677 copies taken together are deemed to be a full and complete contract between the parties. 678 28. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith including, but not limited to, exercising the rights and obligations set 679 forth in the provisions of Financing Conditions and Obligations; Title Insurance, Record Title and Off-Record Title; New ILC, New Survey; and Property Disclosure, 680 Inspection, Indemnity, Insurability Due Diligence and Source of Water. 681 ADDITIONAL PROVISIONS AND ATTACHMENTS 682 29. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate Commission.) 683 684 This contract and purchase price is subject to approval by Avon Town Council by Ordinance. In the event that Avon Town Council does not approve the purchase of the 685 Property by ordinance in the month of September, 2022, Buyer or Seller may terminate this Contract and Buyer shall receive earnest money deposit back in full. 686 687 Buyer will retain an appraiser or appraisers and agrees to share the appraisal or appraisals with Seller. Buyer and Seller will negotiate and determine the purchase price within 688 ten (10) days after receipt of the appraisal of appraisals. In the event Buyer and Seller are not able to mutually determine the purchase price, Buyer or Seller may terminate this 689 Contract and the Buyer shall receive earnest money deposit back in full. 690 691 30. OTHER DOCUMENTS. 692 30.1. Documents Part of Contract. The following documents are a part of this Contract: 693 30.1.1. Post-Closing Occupancy Agreement. If the Post-Closing Occupancy Agreement box is checked in § 17 the Post-Closing Occupancy Agreement is a 694 part of this Contract. 695 696 30.2. Documents Not Part of Contract. The following documents have been provided but are not a part of this Contract: 697 698 699 700 SIGNATURES 701 702 Buyer’s Name: Buyer’s Name: Buyer’s Signature Date Buyer’s Signature Date Address: Address: Phone No.: Phone No.: Fax No.: Fax No.: Email Address: Email Address: [NOTE: If this offer is being countered or rejected, do not sign this document.] 703 Seller’s Name: Seller’s Name: Seller’s Signature Date Seller’s Signature Date Address: Address: Phone No.: Phone No.: Fax No.: Fax No.: Email Address: Email Address: 704 END OF CONTRACT TO BUY AND SELL REAL ESTATE 705 EXHIBIT A: Purchase Contract (970) 748-4413 matt@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Matt Pielsticker, AICP, Planning Director RE: Ordinance 22-15: First Reading Development Bonus Code Text Amendments DATE: September 6, 2022 SUMMARY: This report and ordinance attachment (“Attachment A”) summarize a Code Text Amendment application (“Application”) for Development Bonus code provisions. These amendments were initiated by Town Council on August 23, 2022. The Application received a favorable recommendation from the Planning and Zoning Commission (“PZC”) on September 6, 2022. The Application includes a new discretionary flexible development review process allowing additional development rights when a developer provides highly desirable and meaningful community enhancements through their project. The Development Bonus process not only intends to foster additional Community Housing units but projects with a high economic impact that enhance public improvements, which also positively impacts the community. PROCESS: Code Text Amendments can only be initiated by property owners and the Town Council. After initiation, staff provided the necessary public notification before a hearing with PZC. PZC held a public hearing and provided a recommendation to Town Council. Two readings of an Ordinance, with public hearing, are required before final action. PUBLIC NOTIFICATION: The Application was publicly notified in the Vail Daily on August 25, 2022. No public comments have been received. OPTIONS: Town Council has the following options with the Application: • Approve First Reading • Approve First Reading with direction to make changes • Continue to future meeting date; or • Direct Staff to formulate motion to Deny Application DISCUSSION: 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 PZC and 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. Examples of Development Bonuses exist in other communities throughout Colorado. For example, the City of Boulder has been working hard to incentivize affordable housing projects based on community benefits through various bonuses (i.e., height and density). Longmont includes height, setback, density, and parking variations for eligible housing projects. Recent code assessments undertaken in Larimer County, TOWN COUNCIL INITIATION STAFF ANALYSIS & REPORT PZC PUBLIC HEARING RECOMMENDATION September 6 TOWN COUNCIL ORDINANCE & PUBLIC HEARING Page 2 of 5 the City of Grand Junction, and the City of Fort Collins have all determined that flexibility to their development standards requires implementation through their codes as well. While many of the other surveyed communities direct incentives towards local housing projects exclusively, I feel that offering the same development review flexibility for high-impact projects that focus on existing underutilized buildings is also worthwhile. In particular, a flexible development bonus would afford projects that provide significant (measurable) economic impacts to the Avon community the incentive it may need to redevelop. In doing so, Avon achieves reinvigoration of otherwise less-functional or dated developments, while simutaneously, projects contribute to housing efforts through taxation and other existing mechanisms. The community may also obtain viable public spaces, infrastructure improvements, or other valuable amenities that may be lacking in older areas of town. BACKGROUND: Planned Unit Development (PUD) zoning was a standard zone district within Avon for thirty years. This customized zoning gave flexible development standards to projects through the application approval process. Results and compatibility of development varied greatly, as did the resulting community benefits for PUD negotiated projects. The Town adopted the unified land use code in 2010 to bring the subdivision, zoning, and development standards together under one umbrella. One of the primary goals of the unified land use code (“Title 7 - Development Code”) was to diminish the PUD process to increase the compatibility of new projects by providing clear expectations for developers and reviewing bodies through standard zoning requirements. Generally, the code works well with smaller planning efforts and in the day-to-day governance of land use. More significant development projects are becoming additionally challenging to achieve, as developable land and other opportunities decrease; the code does not necessarily fit all new development situations equally. Redevelopment of older, more significant buildings initially built through the PUD process may also have many inefficiencies and technical issues to overcome, some of which would stimy reinvestment. Earlier versions of a Development Bonus process were presented to the Town Council during the unified land use code adoption in 2010, and again in 2019, when Inclusionary Zoning was reintroduced. In each instance, Council removed these incentives from consideration. In 2022, conditions have changed that now warrant review of this proposed code text amendment. REVIEW CRITERIA: The Town Council must consider a set of review criteria when reviewing code changes. The review criteria for Code Text Amendments are governed by Avon Municipal Code (“AMC”) §7.16.040, Code Text Amendments. Staff responses to each review criteria are provided below. (1) The text amendment promotes the health, safety and general welfare of the Avon community; Staff Response: Added flexibility in the development review process, brought to PZC and Council for consideration, encourages creativity in design and may mean the difference in achieving a good project versus a great or highly beneficial project. Attracting local housing projects has been a focused goal of the Town since the adoption of the Community Housing Plan (2018, updated 2021), and post-covid, incentivizing new projects that result in attainable housing is more critical than ever. Staff has seen other jurisdictions respond to this reality by typically allowing new development bonuses for added height and density to have projects pencil out and provide new units for their jurisdictions without needing Variances- which would be likely unsuccessful to justify. Not being able Page 3 of 5 to support Variances may place the PZC (or Council) in a precarious situation, knowing that housing is an essential focus of the Town's sustainability presently. (2) The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan; Staff Response: These amendments attempt to balance the structured development review environment with (discretionary) flexibility incentives, which results in beneficial projects. One of the most pressing needs for implementing a Development Bonus would be housing. The Community Housing Plan seeks to achieve the Town's goals with "…both incentives and regulations to create a policy environment that is favorable for local housing." Offering potential community housing projects some level of design flexibility while maintaining the Development Code's underlying goals is an intention supported by the Comprehensive Plan. Further, the Avon Comprehensive Plan includes Policy A.1.1: Encourage redevelopment and revitalization of outdated, rundown, or otherwise neglected areas. Development Bonuses are a way to promote the creative reuse of underutilized or vacant properties in Town, thereby having the potential to reshape outdated or inefficient development areas. Slight modifications to zoning standards can leverage positive aspects of a project and may mean the difference between creating a desirable project and not having new growth or redevelopment occur. Updating land use regulations with new development tools is also supported by the Avon Comprehensive Plan Policy C.1.1, which recommends to: Regularly update and enhance the Avon land use regulations and District Master Plans for innovative design approaches and positive development outcomes. Introducing a Development Bonus option for new development or redevelopment adds another potential avenue for growth that is entirely discretionary by Town Council approval. (3) The text amendment promotes or implements the purposes stated in this Development Code; or Staff Response: Section 7.04.030 Purposes of the Development Code lists several pertinent goals and purposes for the Avon community that support Staff’s efforts to enhance the Avon Municipal Code. These goals can be applied to both new development*, and redevelopment* when considering that many projects are upwards of 40 years old and may be defficent, or lacking in effective design elements. The most relevant goals that may be applied to both *scenarios include the following: (b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town; (d) Avoid [or alleviate] undue traffic congestion and degradation of the level of service provided by streets and roadways, promote effective and economical mass transportation and enhance effective, attractive and economical pedestrian opportunities; (e) Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of population; (f) Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and Page 4 of 5 encourage a high quality of life and the most appropriate use of land throughout the municipality; (g) Prevent the inefficient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space and medical facilities; (l) Promote architectural design which is compatible, functional, practical and complimentary checking to Avon's sub-alpine environment; (m) Achieve innovation and advancement in design of the built environment to improve efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of non- renewable natural resources and attain sustainability; (n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy; Staff Response: Inflexible design standards result in many Variance applications (which may be challenging to achieve relief from under the typical intention of Variances); it is not good practice to use Variances for development design purposes. When trying to encourage new development and redevelopment, Avon needs the appropriate tools to make targeted projects the best for the community. By providing discretionary flexibility where strict application of the standards would otherwise create unnecessary difficulties or achieve projects not reflective of the needs of Avon in 2022, appropriate growth and better, more creative design may occur. (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 directly respond to trends in the development review processes by offering limited development standard incentives to projects that meet Town goals or could meet Town goals with minimal assistance. Having the tools to ensure that new growth and development contribute positively to the community’s quality of place allows Avon to develop reflectively in response to modern community needs and avoids repetitive code amendments to “keep up” with changing conditions. If we have learned anything from the recent pandemic, communities must be adaptive when systems change. E.g., skyrocketing land costs and construction materials trigger rethinking of project design, thus; resulting in minimalized projects that cannot afford to offer warranted yet very costly community benefits. Conformance With General Review Criteria in AMC §7.16.010(F)(1), General Criteria, which provides criteria that are 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 Page 5 of 5 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 is not a development application; instead, it simply offers provisions that support the existing development code while enhancing Avon’s tools in helping improve and incentivize better design. If the changes are approved, future Development Bonus applications would be reviewed on a case by case basis to determine whether public services and/or infrastructure would be impacted. PROPOSED MOTION: “I move to approve [with modifications or as presented] first reading of Ordinance 22-15, Code Text Amendments for Development Bonuses, with a second reading and public hearing scheduled for _____________________, 2022.” Thank You, Matt ATTACHMENT A: Ordinance 22-15 EXHIBIT A: Development Bonus Code Text Amendments Ord 22-15 Development Bonus Code Text Amendments – September 13, 2022 Town Council Page 1 of 3 ORDINANCE 22-15 AMENDING TITLE 7 OF THE AVON MUNICIPAL CODE DEVELOPMENT BONUS CODE TEXT AMENDMENTS 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”) initiated a Code Text Amendment application to modify Title 7 of the Avon Municipal Code (“AMC”), incorporating a new section pertaining to Development Bonuses, intended to facilitate creative projects that would otherwise not be permitted by codified zoning and development standards; and WHEREAS, the Town of Avon Planning & Zoning Commission (“PZC”), after publishing and posting notice as required by law, held a public hearing on September 6th, 2022, took action to made a recommendation for Town Council approval of 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 hearing(s) on __, 2022, and 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 contemplating and attracting new development and redevelopment in the Town of Avon through the use of discretionary Development Bonus provisions; and WHEREAS, the text amendments also promote the health, safety, and general welfare of the Avon community by providing this flexibility to developers in exchange for community benefits like new housing, economic benefits, and/or public or civic space enhancements, which without this tool, may dissuade or prohibit desirable projects or redevelopment from occurring; and ATTACHMENT A Ord 22-15 Development Bonus Code Text Amendments – September 13, 2022 Town Council Page 2 of 3 WHEREAS, this amendment will provide the discretionary tools necessary for Town Council to achieve good quality projects with increased community benefits for the Town of Avon; and WHEREAS, these text amendments provide incentives to provide a policy environment that is favorable for local housing projects, as directly supported by the Avon Community Housing Plan; 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. 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 §7.16.170, AMC Table 7.16-1 and AMC §7.28.020 are hereby amended as depicted in “Exhibit A – Development Bonus Code Text Amendments” with strike-out depicting language to be deleted and underline depicting language to be added. 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 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 4. 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 5. 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 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to Ord 22-15 Development Bonus Code Text Amendments – September 13, 2022 Town Council Page 3 of 3 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. 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 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 _________, 2022, and setting such public hearing for _____ , 2022 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: Sarah Smith Hymes, Mayor Patty McKenny, Town Clerk ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on _______________________, 2022. BY: ATTEST: Sarah Smith Hymes, Mayor Patty McKenny, Town Clerk APPROVED AS TO FORM: Karl Hanlon, Town Attorney EXHIBIT A DEVELOPMENT BONUS CODE TEXT AMENDMENTS 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. Projects demonstrating a substantiated economic benefit to the Town, that may 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 thereof. (3) Public/Civic Space Enhancements. A development bonus may be awarded for public enhancements such as parks, plazas, 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-site pedestrian enhancements shall be no further than 2,500 from the property boundary of the development. EXHIBIT A DEVELOPMENT BONUS CODE TEXT AMENDMENTS (e) Review Criteria. The following criteria shall apply for the reviewing body when evaluating development bonus proposals: (1) Impacts do not outweigh benefits. External 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. If impacts are presented by the requested development bonus, they should be mitigated to the extent practicable. Town may require an analysis and may require mitigation of the impacts 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. Conditions to granting a development bonus may be necessary to ensure harmony with the community. (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 Planned Unit Development (§7.16.060) Administrative PUD D A 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 Administrative Subdivision D A EXHIBIT A DEVELOPMENT BONUS CODE TEXT AMENDMENTS Subdivision (§7.16.070) 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. (970) 748 4013 idejong@avon.org TO: Honorable Mayor Smith Hymes and Council Members FROM: Ineke de Jong, General Government Manager RE: Town of Avon Letter CORE Act DATE: September 7, 2022 SUMMARY: Mayor Smith Hymes attended the Colorado Association of Ski Towns (CAST) meeting in Salida at the end of August where John Whitney of Senator Bennett’s office discussed the CORE Act and requested letters of support to go directly to President Biden. The letter he submitted together with Senator Hickenlooper, Governor Polis, Congressman Neguse can be found in Attachment A. The CAST members expressed support to submit a letter requesting President Biden take administrative action on elements of the CORE Act which can be found in Attachment B. Town Council is asked to discuss support of the CORE Act and consider signing the sample Letter of Support on behalf of Town of Avon which can be found in Attachment C. Thank you, Ineke ATTACHMENT A: Senator Bennet, Senator Hickenlooper, Governor Polis, Congressman Neguse Letter to President Biden ATTACHMENT B: Colorado Association of Ski Towns (CAST) Letter ATTACHMENT C: Draft Town of Avon Letter August 25, 2022 The Honorable Joseph R. Biden President The White House 1600 Pennsylvania Avenue, NW Washington, DC 20500 Dear Mr. President: For more than a decade, we have worked to advance legislation – known as the Colorado Outdoor Recreation and Economy (CORE) Act – that will bring permanent protections to over 400,000 acres of vital public lands in Colorado. This legislation has been built from the ground up with years of dedicated stakeholder engagement and enjoys bipartisan support. Regrettably, progress in Congress has stalled despite strong support in Colorado. The time has come to take the next step in protecting the key landscapes within the CORE Act and we need your help. We appreciate Secretary Vilsack’s recent visit to Colorado to see Camp Hale. Based on the overwhelming support expressed at the meeting and throughout the years from local elected leaders, conservation stakeholders, sportsmen, ranchers, business leaders, veterans and the 10th Mountain Division Foundation it is clear that Coloradans across the state support the conservation and preservation of these landscapes for future generations. We strongly urge you to use your Presidential authorities to swiftly protect Colorado’s public lands within the CORE Act. Specifically, we urge your action under the Antiquities Act to designate Colorado's Camp Hale and the Tenmile Range as the Camp Hale - Continental Divide National Monument. The history of this area, including the role that it played in preparing the 10th Mountain Division for some of the most difficult moments of World War II, makes it the ideal candidate for a national monument designation. Many of the veterans of the 10th Mountain Division returned to Colorado after the war to establish our state’s outdoor recreation economy by starting the ski areas that ATTACHMENT A Colorado is known for, further establishing the role Camp Hale and its veterans have played for our state and nation. We also request the protection of Colorado’s Thompson Divide through a Federal Lands Policy and Management Act mineral withdrawal. This action would ban new oil and gas leasing, as well as mining, on a landscape where community members, including farmers and ranchers, have come together to request protection. We also ask that you bring new protections to the areas of the CORE Act proposed for wilderness designation, mineral withdrawal and special management areas on the Grand Mesa Uncompahgre and Gunnison National Forests by using the upcoming U.S. Forest Service plan revisions or other administrative tools. Appending this correspondence is a letter requesting specific protections of landscapes under the CORE Act from seven Colorado County Commissioners who have been key leaders of this legislation. By taking these steps, you will be making sure that even more of Colorado’s open spaces will be preserved for future generations. We will continue our fight to pass the CORE Act to deliver permanent conservation for the areas featured in the legislation but ask for your help in the interim to offer administrative protections modeled after the bill. We are grateful for your attention to this request and look forward to working with you to take action to safeguard some of our nation’s finest public lands. Sincerely, _____________________ _____________________ Michael F. Bennet John Hickenlooper U.S. Senator U.S. Senator _____________________ _____________________ Jared Polis Joe Neguse Governor of Colorado Member of Congress cc: The Honorable Deb Haaland, Secretary, U.S. Department of Interior The Honorable Thomas Vilsack, Secretary, U.S. Department of Agriculture September 6, 2022 The Honorable Joseph R. Biden President The White House 1600 Pennsylvania Ave, NW Washington, DC 20500 Dear President Biden, The Colorado Association of Ski Towns (CAST) represents 41 municipalities and counties that drive the ski industry and mountain tourism economy in Colorado and other western states. We write to you to urge your use of your Presidential authorities, including the Antiquities Act, to protect many of the landscapes included in the Colorado Outdoor Recreation & Economy (CORE) Act. In particular, we request that you designate Colorado's Camp Hale and the Ten Mile Range as the Camp Hale - Continental Divide National Monument, that protection is offered on Colorado’s Thompson Divide through a mineral withdrawal, and that protections are put in place on the Grand Mesa Uncompahgre and Gunnison National Forests as identified in the CORE Act. CAST has followed the CORE Act with great interest. CAST members that have formally supported the CORE Act include the municipalities of Ouray, Crested Butte, Glenwood Springs, Telluride, Basalt, Breckenridge, Mountain Village, Vail, Snowmass, Mt Crested Butte, Frisco, and Dillon along with the counties of Gunnison, Eagle, and Summit. With strong bi-partisan support across local governments as well as a broad group of additional stakeholders, it is unfortunate that the Act has not found a path through the U.S. Senate. The economies of CAST communities are largely dependent on the adjacent public lands, and the protection of these natural places is key to maintaining our tourism- based economies. CAST respectfully asks for your attention to this request to bring permanent protection to over 400,000 acres of vital public lands in Colorado. Respectfully submitted, Dara MacDonald, President, CAST CC: Tom Vilsack, Secretary of Agriculture Deb Haaland, Secretary of Interior Senator Michael Bennet Senator John Hickenlooper Congressman Joe Neguse Governor Jared Polis Colorado Association of Ski Towns * PO Box 3823, Dillon CO 80435 * CoSkiTowns.com * 970.389.4347 ATTACHMENT B Post Office Box 975 100 Mikaela Way Avon, CO 81620 The Honorable Joseph R. Biden President The White House 1600 Pennsylvania Ave, NW Washington, DC 20500 September 13, 2022 RE: CORE Act Dear President Biden, I would like to express the Town of Avon’s thoughts on the CORE Act. We write to you to urge your use of your Presidential authorities, including the Antiquities Act, to protect many of the landscapes included in the Colorado Outdoor Recreation & Economy (CORE) Act. In particular, we request that you designate Colorado's Camp Hale and the Ten Mile Range as the Camp Hale - Continental Divide National Monument, that protection is offered on Colorado’s Thompson Divide through a mineral withdrawal, and that protections are put in place on the Grand Mesa Uncompahgre and Gunnison National Forests as identified in the CORE Act. With strong bi-partisan support across local governments as well as a broad group of additional stakeholders, it is unfortunate that the Act has not found a path through the U.S. Senate. The economy on of our Town is largely dependent on the adjacent public lands, and the protection of these natural places is key to maintaining our tourism-based economy. The Town of Avon respectfully asks for your attention to this request to bring permanent protection to over 400,000 acres of vital public lands in Colorado. Thank you for your consideration of the thoughts and suggestions shared in this letter. Sincerely, Sarah Smith Hymes Mayor, Town of Avon Cc: Avon Town Council Tom Vilsack, Secretary of Agriculture Deb Haaland, Secretary of Interior Senator Michael Bennet Senator John Hickenlooper Congressman Joe Neguse Governor Jared Polis ATTACHMENT C 970.748.4005/970.471.6621 ljrichards@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Lance J. Richards, Chief Human Resources Officer RE: Avon FAMLI Opt-out DATE: September 8, 2022 SUMMARY: As you are aware, in November, 2020 Colorado voters approved Proposition 118, which created the Family and Medical Leave Insurance (FAMLI) program. The law allows local governments to opt out of participation by a vote of the governing body. After reviewing the cost of participating, uncertainties surround the administration of the new program, the potential utilization (or not) of the program, the one year gap of paying premiums but no benefits being available, and the forced removal of premiums from employee paychecks, Finance and Human Resources staff have met and are in full agreement that the Town should not participate in FAMLI, either fully or in handling voluntary employee contributions. We believe this is the best step for the Town because o f the incremental costs to the Town, to our employees, and from administration. Additionally, we had a meeting with Gallagher, our benefits broker, and their recommendation is also that the Town should opt out. HEADLINES: • The incremental cost to the Town would be approximately $44,426 (based on 2022 payroll budget), and our participation would remove .45% from each of our employees paychecks. For a $60,000 employee, this would be a deduction of $270 annually, or about $10.38 per paycheck. The law, as written, allows the State to increase that amount to .60%, or $59,236 cost to the Town in subsequent years. • If the Town chooses to participate, all of our employees (full-time, part-time, and seasonal) must also participate, regardless of their personal wishes. This would result in an unwanted expense to employees who do not want this. Please note: if the Town opts out, employees who wish to participate may still do so. • The Town currently offers benefits which are comparable with the benefits FAMLI would provide, and in many cases our offerings are superior. • Although the program is not effective until January 2023, the Town must decide in 2022 whether to participate in the state-run program. Employers are to start collecting and remitting premiums Jan. 1, 2023, and benefits will be available to employees starting Jan. 1, 2024. • Opting out of the program requires a vote of Town Council. That decision is not permanent and can be reconsidered anytime by the entity. If no action is taken, the Town will automatically be included in the program. Page 2 of 4 BACKGROUND: FAMLI differs from the federal FMLA in that it provides paid leave, based on an employee’s weekly wage; further, FAMLI’s benefits depend on time employed within Colorado and not at a particular employer. The premium for FAMLI is .09% of an employee’s wages, split 50/50 between the employee (0.045%) and employer (0.045%), up to a maximum of $161,700 in wages/$1,454.96 in annual premium. By law, this can be increased by the State by a further 33% to 1.2% of wages, or $1,940.40. Employers do have the option of absorbing the full .9% if they choose. If participating, the employer is responsible for collecting employee premiums via payroll deduction, and for remitting all premiums to the State on a quarterly basis. Premiums would be mandatory for all full -time, part-time, seasonal and temporary employees whether they ever utilize the benefit or not. Benefits during a state-approved FAMLI leave, will pay employees between 37% and 90% of their wages, based on their income, capped at $1,100 per week and $13,200 annually. For example, employees earning about $1,500 per week will receive approximately 68% of their weekly wage, or $1,018 per week while on FAMLI. The law requires that employers and employees begin paying premiums on Jan 1, 2023. Benefits will be available beginning Jan 1, 2024. CONSIDERATIONS: Ongoing increasing costs are one of several reasons staff recommends Town Council opt out of FAMLI Another reason is that the Town already offers competitive paid leaves: 10 holidays, two days of personal leave, at least two weeks of PTO and 12 sick days. PTO and Sick Leave accrue over time. The Town also offers Short-Term Disability coverage to employees at their cost, and we pay for Long-Term Disability (LTD) benefits. If Council opts out, the Town would be following suit with a majority of municipalities in the State, as well as in our Comparator and neighboring communities. If Council opts out, staff recommends also declining to withhold/remit employee premiums for thos e who elect coverage, to lessen the Town’s potential financial liabilities and administrative requirements. Page 3 of 4 COMPARATORS: For reference, the FAMLI program won a 57.75% majority across the State. In Eagle County, it won with a 58.77% majority. That said, the Colorado Municipal League has been tracking how various municipalities are responding to this. As of September 8th: Implementing FAMLI 2 Leaning toward Opt-out 21 Voted Opt-out 43 Not determined 13 From our nearby communities, we know: • Silverthorne is recommending Opt Out • Aspen is recommending Opt Out • Eagle Council is voting to Opt Out in October • Breck Council 1st vote to Opt Out on Sept 13 • Frisco voting to Opt Out on 11 October • Steamboat Springs Council is voting to Opt Out in October • Vail Council voted to Opt Out • Mountain Village Council voted to Opt Out • Snowmass Village Council voted to Opt Out • Telluride Council voted to Opt Out • Dillon Council is leaning towards participating. IMPACT ON TOWN EMPLOYEES: If Town Council does not opt out of FAMLI, every Town employee will have deductions made from their pay for this program beginning in 2023, regardless of whether they believe participating is the right choice for their family, given the cost and other time off benefits the Town provides The program is not optional for employees if the Town becomes a covered employer If Town Council opts out, Town employees would retain the option to participate in FAMLI on their own. We are recommending those employees should enroll directly with the State. Under this scenario, and at this point in CDLE’s rulemaking process, employees would receive full benefits from FAMLI at the same premium for employee (0.45%) regardless of whether the Town becomes a covered employer The Town, meanwhile, can save over $44,000 annually – and growing – by declining participation through approval of the resolution as recommended. Page 4 of 4 MARKET POSITIONING: The Town strives to be an employer of choice by offering our employees compet itive salaries and benefits. The benefits offered to our employees include paid time off (PTO) which many employees bank to cover life events. The Town also has seen, and allows for, the donation of paid leave from employees to other employees who experience life events which require additional assistance. Additionally, the Town offers our employees long term disability with Town-paid premiums, as well as short-term disability with employee- paid premiums. The presentation to Council will provide examples on how the town’s benefits compare to the FAMLI program benefits as they are known today. In most cases the town’s benefits are of far greater value to the employee than the state’s FAMLI program for full-time employees. Additional details on the state’s benefit program will continue to be outlined over the coming months and town staff will continue to monitor these announcements. Please note that the town’s leave programs for part-time and seasonal employees are less than the state FAMLI program in several areas. Our part-time and seasonal workforce have minimal paid leave and are not currently eligible for short-term disability. The statute does not require the Town to provide a substitute benefit if opting out, however, there are advantages to the Town doing so as it relates to talent acquisition and retention. Since a replacement plan is not mandated, the Town has more flexibility to create a similar benefit if so desired. We will be working with Gallagher to see how the marketplace responds to this. We may wish to make some adaptations to our existing array of benefits to ensure we remain fully market competitive , based on how the market reacts. FINANCIAL CONSIDERATIONS: The town’s financial burden in the first year of the FAMLI program of .45% of wages is expected to be approximately $44,426. In addition, employees would bear the same equivalent financial contribution of .45%. The program cost may increase up to 33% in 2 025 to 1.2% of wages, again split between the employer and employee. Avon has, for several years now, offered employees STD coverage as an option, which is fully paid by the employee. This short-term disability coverage currently provides 60% of weekly wages for employees on disability for up to 90 days. NEXT STEPS: If you concur, our next steps would be to: 1. Prepare the required employee notification, and distribute to all employees 14 days prior to a Council discussion and Resolution 2. Prepare the appropriate resolution for Council, based on Town Attorney advice and Council direction 3. Council will vote on the resolution 4. Prepare the required post-vote employee notification, and distribute to all employees immediately following the Council vote 5. Prepare the documentation required to be submitted to CDLE Human Resources September 8, 2022 Colorado Family and Medical Leave Insurance (FAMLI) What is FAMLI? •Created through Statewide voters’ approval of Proposition 118 in 2020, the Family and Medical Leave Insurance (FAMLI) program “exists to ensure all Colorado workers have access to paid leave” •FAMLI differs from the federal FMLA in that it provides paid leave, based on an employee’s weekly wage; further, FAMLI’s benefits depend on time employed within Colorado and not at a particular employer •The Town will automatically become covered –with Town and employee premiums due beginning in 2023 –unless Town Council opts out of the program. •KEY POINT: The decision to opt out is not permanent and can be reconsidered anytime Local Government Options PARTICIPATE IN FAMLI: •Participation requires shared responsibility for funding the program with employees. Premiums are set at 0.9% of the employee’s wage, with 0.45% paid by the local government and 0.45% paid by the employee. •FAMLI premiums begin on January 1, 2023. •FAMLI benefits for employees will not begin until January,2024. •Three (3) year commitment to participate. •Premiums may increase starting in 2025, up to 1.2% of gross wages. •KEY POINT: Participating will cost the Town over $44,000 in 2023. Local Government Options DECLINE PARTICIPATION •The local government’s governing body must vote to decline participation. •Equivalent paid leave benefits are NOT required for local government employers who vote to decline participation. If the entity chooses to opt-out, they can re-join at any time with a 3 month waiting period. •KEY POINT: Employees still have the option of self- selecting and self-paying FAMLI coverage, with full benefits, if the town votes to opt out. Town of Avon’s Current Leave Provisions PTO & Personal Day Accrual (Full time only) 0-4 Years of service = 2.8 Weeks/ year 5-9 Years of service = 4.0 Weeks / year After 10 Years of service = 5.2 Weeks/ year Sick Leave –96 hours per year for FT (accrues year to year) and up to 48 hours for seasonal and/or part-time Short-term Disability –7 day elimination period; 60% wage replacement for up to 90 days. Optional, employee-paid benefit Long-term Disability –120 day elimination period; 66.7% wage replacement to max of $10k/month (The Town is planning to change the elimination period to 90 days effective Jan 1, 2023) Town of Avon’s Current Leave Provisions ToA Full-time FAMLI Pay / Benefit level •100% of wages while on sick or vacation time •96 hours/year sick •60% while on short-term disability max $1,000 per week •STD is optional and employee-paid •37% to 90% of wages •Max of $1,100 per week Waiting period •No wait on sick/vacation •Seven days on short-term disability •After earning $2,500 in wages Maternity paid time •12 week FMLA leave •6-9 weeks paid based on sick leave and PTO accrual or short- term disability •12-16 weeks paid as above Paternity paid time •12 weeks FMLA leave; paid based on accrued sick leave or PTO •12 weeks paid as above Town of Avon’s Current Leave Provisions Part-time/Seasonal ToA FAMLI Pay / Benefit level •100% of wages while on sick •48 hours/year sick leave max •Sick leave earned in accordance with Colorado HFWA •No short-term disability •37% to 90% of wages •Max of $1,100 per week Waiting period •No wait on sick leave •After earning $2,500 in wages Pros and Cons of Opting Out Pros Cons Financial savings to Town of Avon of 0.45% of wages, or more than $44K in 2023 (future year totals have not yet been estimated). These funds could be used for other employee programs that benefit all employees. Employees don’t always make the best choices for themselves, so compulsory participation may help some who would not otherwise elect to participate. Unknown financial savings to Town of Avon for avoiding backfill and training costs for expected added leaves allowed under the program. Employees can opt into the program even if Town of Avon opts out. Employee costs would be the same for those who opt in, whether or not Town of Avon participates. Pros and Cons of Opting Out Pros Cons Benefits would be the same for employees who opt in, even if Town of Avon opts out and pays nothing. The definition of “family member” is fairly broad and could lead to fraud or abuse of the program. If Town of Avon doesn’t exercise its right to opt out, all employees who earn at least $2,500 have to participate, even those who are already eligible for other paid leave. Those who feel they don’t need this benefit would save 0.45% of their wages in a time of significant increases to costs of living. Staff Recommendation OPT-OUT OF FAMLI Staff recommends that Avon opt out of FAMLI •Avon’s benefits exceed FAMLI benefits in most cases •Employees get equivalent/better benefits without extra costs of FAMLI •Employees can still choose participation instead of mandate for all •Staff to consider some benefit upgrades to ensure we remain market competitive Next steps •Notify employees that FAMLI opt-out will be on Council agenda •Council resolution to opt-out must be approved by Council by end of year Thank You 970-748-4045 tthompson@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Tim Thompson, Project Engineer RE: Notice of Award – Metcalf Road Culvert Repair Project DATE: September 7, 2022 SUMMARY: Staff requests Council authorization to issue a Notice of Award for the Metcalf Road Culvert Repair Project to Advanced Shotcrete, Inc. They presented a new, in-situ (in place) repair proposal that is significantly less impactful to the community and more economical. Site Location Map DISCUSSION: The Metcalf Road Culvert Repair Project consists of repairing a failed 50-FT section of 7-FT diameter corrugated metal pipe (CMP) that is 32-FT underneath Metcalf Road and located near the north exit of Metcalf Lofts. The entire culvert is 154-FT long and transports Metcalf Gulch underneath the road. The method of repair previously selected required excavating the south side of Metcalf Road up to the edge of the road with associated road closures and traffic detours. Shoring the hillside because of the steepness as well as Eagle River Water and Sanitation District’s requirement that the sanitary sewer line draining Wildridge be bypassed during construction, contributed significantly to the project’s cost. 970-748-4045 tthompson@avon.org In August, a new proposal utilizing a different construction method was received from Advanced Shotcrete, Inc. for $265,000. Advanced Shotcrete, Inc. proposed design-build services to rehabilitate the culvert by repairing the collapsed sections in-situ and coating the culvert with 5,000 psi shotcrete, a concrete product that is sprayed on the repaired culvert surface. By lining the interior of the existing culvert with 1 1/2” of shotcrete, it will be fully functional with an extended life span. Figure 1 Profile of pipe repair Pipe Jacking/Shoring This approach minimizes surface disturbance, avoids impacting the existing guard rail, precludes the need for bypassing the sanitary sewer line since no excavation will be near it, and dramatically lessens impacts on traffic on Metcalf Road. Bids Received: 1) Ewing Construction: $942,405 2) American West Construction: $566,400 3) Advanced Shotcrete: $265,000 970-748-4045 tthompson@avon.org CONSTRUCTION SCHEDULE: The construction performance period is approximately 3 weeks which includes final slope stabilization and permanent erosion control. The project is scheduled to begin on September 22, 2022. Liquidated damage for failure to complete the work by November 1st, is $1,500 per day and will be doubled to $3,000 per day after December 1. FINANCIAL CONSIDERATIONS: The 2022 Capital Projects Fund reserved $408,390 for the Metcalf Road Culvert Repair Project. The construction cost to repair the Metcalf culvert is $265,000 RECOMMENDATION: Staff requests Council authorization to award the Metcalf Road Culvert Repair Project to Advanced Shotcrete, Inc. for $265,000. PROPOSED MOTION: “I move to authorize the issuance of Notice of Award for the Metcalf Road Culvert Repair Project contract to Advanced Shotcrete, Inc. in the amount of $265,000 as approved by the Town of Avon Capital Projects Fund” Thank you, Tim Attachment A: Construction Agreement for Metcalf Road Culvert Repair Project Attachment B: Contractor Proposal CA-1 CONSTRUCTION AGREEMENT Metcalf Road Culvert Repair Project THIS AGREEMENT is dated as of the ____ day of _______________ in the year of 2022 by and between: Town of Avon, Colorado (hereinafter called OWNER) and Advanced Shotcrete, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as Metcalf Road Culvert Repair Project: Rehabilitate the damaged culvert in-situ (in place) by repairing the collapsed sections and coating the interior of the culvert with shotcrete. Ancillary activities include potholing where necessary, temporary access paths, spoils disposal, backfilling and compacting, rip rap, revegetation seeding and watering, and operating an approved traffic control plan. Article 2. ENGINEER The Town of Avon, Colorado, Town Engineer, hereinafter called ENGINEER, will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER and OWNER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1 The Work will be completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions. All work will be completed between the dates of September 14, 2022 and November 1, 2022. Article 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of Work in accordance with the Contract Documents, in current funds, as follows: (see attached copy of Contractor’s Proposal PR-1 dated 08/24/22) Article 5. PAYMENT PROCEDURES 5.1 Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Attachment A CA-2 ENGINEER, as provided in Article 14 of the General Conditions. Article 6. CONTRACTOR’S REPRESENTATIVES In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the contract documents, Work, locality, and with all local conditions and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect the cost, progress, or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting the cost, progress, or performance of the Work which were relied upon by ENGINEER in the preparation of the Contract Documents, and which have been identified in the Special Conditions. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, tests, and studies of such reports and related data in addition to those referred to in paragraph 6.2, as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports, or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER any conflicts, errors or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 Advanced Shotcrete, Inc. proposal (page P-1) 7.2 Instruction to Bidders (pages IB-1 to IB-6) 7.3 Performance and Labor & Materials Bonds 7.4 Notice of Award (page NA-1) 7.5 Construction Agreement (pages CA-1 to CA-5) CA-3 7.6 Notice to Proceed (page NP-1) 7.7 General Conditions (pages GC-1 to GC-45 , inclusive) 7.8 Special Conditions (pages SC-1 to SC-12 , inclusive) 7.9 Plans, consisting of a sheets listed below by number, title, date and revision number with each sheet: SHEET DESCRIPTION DATE C-1 General Plan 08-19-2022 C-2 Typical Sections: Completed Rehabilitation 08-19-2022 C-3 Typical Sections: During Construction 08-20-2022 SR-1 Surface Restoration-Limits of Disturbance 09-02-2022 SR-2 Surface Restoration-Sinkhole Cross Section 09-02-2022 7.10 Addenda numbers to N/A , inclusive 7.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to , inclusive) 7.12 Any Modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended, or repealed by modifications (as defined in Article 1 of the General Conditions). Article 8. MISCELLANEOUS 8.1 Terms used in this Agreement, which are defined in Article 1 of the General Conditions, shall have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law); and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, his partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. CA-4 Article 9. OTHER PROVISIONS 9.1 Pursuant to Section 24-91-103.6, C.R.S., the Owner hereby states that it has appropriated an amount equal to or in excess of the Contract amount. Owner shall not issue a Change Order or other form of order or directive requiring additional compensable work to be performed, which work causes the aggregate amount payable under the Contract to exceed the amount appropriated for the original Contract, unless Contractor is given written assurance by the public entity that lawful appropriations to cover the costs of the additional work have been made. IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on ____________, 2022. OWNER, Town of Avon, Colorado By Attest Address for giving notices: CONTRACTOR, By Attest Address for giving notices: License No. Agent for service of process: Operations Address: 2804 Haskell Ct. • Watkins, CO 80137 • Office: 720.283.8888 • www.advancedshotcreteinc.com Mailing Address: POB 1526 • Higley, AZ 85236 August 24, 2022 Eva Wilson, PE Director, Public Works Town of Avon 500 Swift Gulch Road Avon, CO 81620 Subject: Metcalf Road Culvert Rehabilitation Design-Build Proposal Ms. Wilson: The Advanced Shotcrete team is pleased to submit this proposal for providing design-build services to complete a full rehabilitation repair for the storm culvert and surface damage on Metcalf Road. The Advanced Shotcrete team consists of Advanced Shotcrete, Inc (Denver) as the prime contractor with Shotcrete Technologies, Inc. (Idaho Springs) as the shotcrete consultant and L-7 Services LLC (Golden) as the engineering design consultants. This team will provide the Town of Avon with a turn-key project experience including design, construction and earthwork services. For the Metcalf Road Culvert, we propose an alternative construction method consisting of rehabilitation of the culvert in place and from within the existing culvert. This provides a significant benefit to the Town of Avon in terms of cost, schedule and impact to the public. As a general overview, the project approach will be to stabilize the existing culvert and recover the deformation by controlled jacking from within the culvert. A series of temporary props (stalls) will be installed as jacking progresses to maintain the shape and structural integrity of the culvert. Once the culvert diameter has been recovered, welding of the corrugated metal pipe seams will be performed. Grout ports will also be installed through the damaged section and an extensive grouting program will be performed to compact, consolidate, and fill any voids above and adjacent to the culvert. This work will be performed with the temporary props(stalls) still in place and will result in repaired culvert surrounded by a stabilized backfill and allow for removal of the prop system. It was noted that the primary failure mode within the culvert is failure of the spot welds along the radial seams of the culvert plates allowing the plates to slide relative to each other. To prevent future issues with the spot weld connections, the interior of the culvert will be lined with shotcrete to create a secondary internal structural liner within the metal CMP. More details on the construction approach are presented in the attached culvert jacking sequence. The repaired culvert with the new internal shotcrete liner will result in a fully functional culvert with an enhanced life span. An example of a successfully rehabilitated culvert (prior Shotcrete Technologies’ project at CDOT I-70 Lookout Mountain Exit Culvert) is shown below demonstrating no visible deterioration in the shotcrete lining after 17 years of service. Attachment B Operations Address: 2804 Haskell Ct. • Watkins, CO 80137 • Office: 720.283.8888 • www.advancedshotcreteinc.com Mailing Address: POB 1526 • Higley, AZ 85236 CDOT I-70 Lookout Mountain Culvert Present Condition (November 2021 Photo; 2004 Rehab) During the culvert repairs, the Advanced Shotcrete team will monitor the weather, sequence the work accordingly and allow any water flows to continue unimpeded in the culvert. Only the props/stalls would be in place during a storm event with all equipment and unused materials removed from the culvert. We do not see any issues working around the sporadic rain events during this relatively dry season (August/September) in Colorado. In addition to the culvert rehabilitation, the Advanced Shotcrete team will restore the ground surface over the existing sinkhole on the western side of Metcalf Road. It is recognized that several restoration approaches are viable and currently it is anticipated that terracing with shotcrete walls will be the most convenient method for creating a stable longterm slope. The terraces will be hydroseeded for revegetation to a native appearance. The goal of the surface restoration is to remedy the sinkhole and provide a properly contoured area consistent with the other graded areas adjacent to Metcalf Road. Fortunately, the area of disturbance lies to the west of the existing guardrail system and does not appear to have affected either the roadway, underlying utilities, or the guardrail. The limits of surface disturbance associated with the sinkhole will be documented as part of the design effort. All of the surface restoration will be able to be performed beyond the Metcalf Road travelway and traffic impacts will be negligible. Any traffic control measures necessary (flaggers, cones, barricades, etc.) will be provided by the Advanced Shotcrete team during the course of this project (both culvert repair and surface restoration efforts). Operations Address: 2804 Haskell Ct. • Watkins, CO 80137 • Office: 720.283.8888 • www.advancedshotcreteinc.com Mailing Address: POB 1526 • Higley, AZ 85236 As requested, a full design package prepared and stamped by a Colorado registered Professional Engineer will be provided to the Town of Avon for review and approval prior to commencing any field work. Kurt Braun, PE (Principal Engineer of L-7 Services LLC) will serve as the Engineer of Record for this project and has over 25 years of experience with design of underground projects including culvert rehabilitations similar to this project. Mr. Braun’s resume is attached for your review. As for schedule, the design will commence as soon as soon as notice of authorization is received from the Town of Avon. It is anticipated that an initial draft set of drawings will be available for review by the project team within 3 business days after notice of authorization and a complete stamped design package (drawings and calculations) will be ready within 5 business days. The field repairs will commence shortly after the design is completed and the project approach has the advantage that all of the equipment and materials are readily available (no specialized heavy equipment needed). The culvert repairs will be performed first followed by the surface restoration effort. The construction duration is estimated to take approximately 3 weeks. The Advanced Shotcrete team will perform the engineering and construction scope described above, for the following lump sum fixed cost amount: Inclusions: Engineering and construction per scope above including 5000 psi shotcrete, grout, equipment, timbers, nozzle finish, ACI certified nozzlemen, QA/QC, surface restoration, traffic control, conventional project expenses (bonds, taxes, and permits), and clean up of general work area. Exclusions None Bid Item: $265,000 lump sum pricing based on scope described above including culvert jacking sequence, nozzle finish shotcrete, and surface restoration. Contractor provides access for shotcrete equipment and concrete trucks, continuously throughout time of project. Prices Good For All Work Performed Before September 30, 2022. Again, the Advanced Shotcrete team appreciates the opportunity to provide the Town of Avon with this turn-key proposal and looks forward to working with the Town of Avon on this project. Operations Address: 2804 Haskell Ct. • Watkins, CO 80137 • Office: 720.283.8888 • www.advancedshotcreteinc.com Mailing Address: POB 1526 • Higley, AZ 85236 Authorization to proceed: By this signature, the undersigned authorizes the Advanced Shotcrete team to provide the scope of services described above, in accordance with the attached standard contract terms and conditions. Signature:________________________________________________ Date:___________________ Print Name: Town of Avon 500 Swift Gulch Road Avon, CO 81620 970-390-2014 ewilson@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eva Wilson, Public Works Director RE: Notice of Award – US6 Safety and Mobility Improvement: Task Order 2.2, Final Design DATE: September 7, 2022 SUMMARY: Staff seeks authorization to issue a Notice of Award for the US6 Safety and Mobility Improvement Project: Task Order 2.2 Final Design as approved in Avon’s 2022 Capital Projects Fund. DISCUSSION: The Task Order will provide Final Design for the US6 Safety and Mobility Improvements project. The project received a $2M CDOT Revitalizing Main Street grant, a $1M CDOT Multimodal Transportation and Mitigation Options Fund grant, and a $200K contribution from Eagle County. The goal of the project is to slow the prevailing speed on US6 to 35mph with the installation of a roundabout (RAB) at Stonebridge Drive which then would allow the installation of 3 pedestrian crossings as shown on the project site below. Project Site: PROJECT STATUS: Per CDOT guidelines, Staff issued a Request for Statements of Qualification (RFQ) for an On-Call Traffic Engineering Company on Bidnet.com. Five Statements were received and “Stolfus and Associates” was selected based on their experience, expertise, and loc al knowledge. The Stonebridge RAB is integral to the project as it needs to reduce the prevailing speed on US 6 which was tested at 47mph. Several iterations were needed to slow the fastest path of a vehicle traveling through the RAB. Extended concrete medians are needed for the channeling/tunneling effect to reduce speed. In addition, the relocation of a nearby driveway is needed to support the channeling/tunneling effect. The additional infrastructure needed and inflation has significantly increased the construction costs. CDOT has accepted the RAB concept (30%) and the design is moving forward to completion. The estimated date to advertise the project is January 2023. Page 2 of 4 Pedestrian Crossings on US6 from east to west. Figure 1 Mountain Stream Crossing Figure 2 Stonebridge RAB Crossing Page 3 of 4 Figure 3 Eaglebend/Frontgate Crossing Figure 4 River Edge Crossing Page 4 of 4 Task Order 2.2. Final Design Schedule: The proposed work, as described in the attached proposal, is to begin immediately. The estimated date of completion for Task Order 2.2 is January 2023. Scope of Services 1. ROW Exhibits 2. SUE (Subsurface Utility Engineering) Investigation and Utility Coordination 3. Final Design a. Final (90%) Design Plans and Specifications b. Structure selection memo c. Final drainage report d. Conduct Final Design FOR (90%) Review meeting with CDOT 4. PS&E (Plans, Specifications, and Estimates) a. PS&E documents for approval and clearances for CDOT b. AD documents FINANCIAL CONSIDERATIONS: US6 Mobility Improvement Project, Task Order 2.2. Final Design will be funded with the Town’s Capital Projects Fund. Project cost estimate: Available Funds Budget CDOT Revitalize Main Street Grant $2,000,000 CDOT Multimodal Options Fund Grant $1,000,000 Eagle County Contribution $200,000 Avon Commitment (CIP funds) $300,000 $3,500,000 Expenses Task Order 1: Preliminary Engineering $124,548 Task Order 2.1: Preliminary Design (30% Design) $23,050 Task Order 2.2: Final Design $252,402 Construction Cost Estimate (30% Design) $4,200,000 Current Total Design and Construction: $4,600,000 Anticipated Shortfall: $1,200,000 Increases in construction costs are due to the final Roundabout design and inflation. Staff will continue to seek grant opportunities and partners such as Eagle County and benefactors to address the shortfall. Other options could be to construct the project in phases as additional funding becomes available. RECOMMENDATION: Staff requests Council authorization to award the US 6 Mobility Improvement Project: Task Order 2.2. Final Design to Stolfus and Associates in the amount of $252,402. PROPOSED MOTION: “I move to authorize the issuance of Notice of Award for the US 6 Mobility Improvement Project: Task Order 2.2. Final Design to Stolfus and Associates in the amount of $252,402 as approved by the Town of Avon Capital Projects Fund.” Thank you, Eva Attachment A: Task Order 2.2 Final Design EXHIBIT B On-Call Agreement for Professional Services TASK ORDER 2.2 US6 Mobility Improvement Project: Final Design This Task Order pertains to the On-Call Agreement by and between the Town of Avon (“TOWN”), and Stolfus and Associates (“CONTRACTOR”), dated On-Call Contract Execution of September 3, 2021 (“the Agreement”). CONTRACTOR shall perform services as provided herein and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. Project Description: Provide preliminary engineering and concept analysis for the US6 Multimodal Safety and Mobility Improvements project. The project received the CDOT Revitalizing Main Street Grant to slow prevailing speed on US6 and potentially install 3 pedestrian crossings as shown on the project site below. Project Site: Proposed Tasks: See Attachment A. 1.Final Design Plans for the roundabout and 3 pedestrian crossings. Budget/Proposal: ___$252,950 ____________________________________ Schedule: __Advertise in_January 2023______________________________________ Attachment A This Task Order is executed this __13th____ day of ___September_________, 2022. Town of Avon Recommended: ________________________________Public Works Director ____Date: ______________ Name Title Stolfus and Associates Approved: ________________________________________President________________ Date: ______________ Name Title Town of Avon Approved: _________________________________________Avon Town Mayor ____Date: ______________ Name Title 5690 DTC Boulevard, Suite 330W Greenwood Village, CO 80111 phone:303-221-2330 • fax: 303-221-2331 www.stolfusandassociates.com September 6, 2022 Eva Wilson, PE, PTOE Public Works Director Town of Avon EWilson@Avon.org Dear Eva: Stolfus & Associates, Inc. (Stolfus) is pleased to amend our proposal to include additional design support for the roundabout about at US 6 and Stone Bridge Road and for three separate pedestrian crossings to serve adjacent bus stops at River Edge Crossing, Eaglebend Crossing, and Mountain Stream Crossing. Stolfus has completed the conceptual and preliminary design and received support from CDOT to advance to final design. This scope of services will include final design for the roadway and traffic elements, as well as final design for drainage, lighting, and structures and support for ROW exhibits and SUE investigations. It is our understanding the project is funded through a Revitalizing Main Streets grant administered by CDOT and will follow the CDOT Local Agency process. In addition, the project is located on a US Highway, so CDOT design standards will apply. Compliance with CDOT Local Agency process, CDOT standards, and coordination with CDOT staff is included in the scope of services. Geotechnical, Pavement Design, Environmental, ROW Acquisition, Advertisement Support, and Construction Management services are not included in this scope of services. SCOPE OF SERVICES The anticipated scope of services and deliverables for this project include: 1. ROW Exhibits 2.SUE Investigation and Utility Coordination 3. Final Design a.Final (90%) Design Plans and specifications b.Structure selection memo c.Final drainage report d.Conduct a Final Design FOR Review meeting with CDOT (virtual) 4. PS&E a.PS&E documents for approval and clearances for CDOT b. AD documents ELEMENTS OF THE SCOPE OF SERVICES A. PROJECT MANAGEMENT Stolfus will review and process invoices and provide other project administration/ management services (coordination and product review) throughout the duration of the project. Stolfus will be responsible for day-to-day management and coordination of the work elements. Monthly schedule, budget and project status reports will be included in the invoices. Stolfus will maintain the project design schedule. The schedule will be updated as necessary during the design process. Stolfus will notify the Town when tasks are falling behind schedule. ATTACHMENT A Eva Wilson, PE, PTOE September 6, 2022 Page 2 The following project team meetings are included in the scope of work: FOR plan review meeting (virtual) Up to 4 other progress meetings to address design elements and/or ROW needs Stolfus will be responsible for scheduling the meetings, preparing meeting exhibits, and participating in the meetings. Meeting notes will be generated and distributed to the meeting attendees by Stolfus. B. TRAFFIC ANALYSIS AND CONCEPTUAL DESIGN This work element was completed in the original design task order. No further work is anticipated. C. PRELIMINARY DESIGN This work element was completed in the original design task order. No further work is anticipated. D. PRELIMINARY DESIGN (FIR) PLANS This work element was completed in the original design task order. No further work is anticipated. FINAL DESIGN (FOR) PLANS Stolfus will respond to FIR comments and prepare FOR level plans, specifications and an opinion of probable cost. General conditions are excluded from this scope of services. A CDOT Form 463 (Design Data) will be prepared and submitted to CDOT. Curb ramps will be detailed according to ADA standards. Designs will be refined. Stolfus will provide QA/QC review for the project. Signing and striping plans will be prepared with up to 6 special sign layouts. Phasing and traffic control device plans are excluded from this scope of services. A high- level construction schedule will be prepared to determine a number of working days for the Construction Contract. A memo and an exhibit with plan and profile for the modified driveway at River Forge will be prepared and submitted to CDOT to support Access Permitting to be completed by CDOT. CDOT permitting is excluded from this scope of work. We will also provide technical support throughout the project in an advisory capacity. Our review efforts will confirm appropriateness of methodologies used, accuracy of documents, reasonableness of conclusions, document completeness, and overall clarity. The Final (90%) FOR Submittal will include: - Title Sheet, Standard Plans List, General Notes, Tabulations, Typical Sections, Survey Control Diagram, Geometric Control Plans, Removal Plans, Roadway Plans, Roadway Profiles, Roadway Details, Signing and Striping Plans, Traffic Control Tabulation, Utility Plans, Drainage Plans and Profiles, Lighting Plans, Structure Plans, and Cross-sections PS&E DOCUMENTS The final design will incorporate comments from the FOR and consist of final plans, specifications, and engineer’s opinion of probable cost. The PS&E plan package will be submitted to in electronic (PDF) format for the Town to reproduce for advertisement. E. TOWN OF AVON AND CDOT PLAN REVIEW Stolfus will submit plans to the Town and CDOT for formal review at 30% completion level. Reviews are approximately three (3) weeks. A formal FOR meeting will be held with the Town and CDOT to review the plans. Comments will be summarized and a response matrix will be prepared. F. DESIGN STANDARDS Drawings and designs will be in accordance with the Section 7.32 Engineering Improvement Standards of the Town’s Municipal Code, CDOT Roadway Design Guide, NCHRP Report 672- Roundabouts: An Informational Guide; MUTCD, CDOT M&S Standards, CDOT Standard Specification for Road and Bridge Construction and other standards incorporated by reference. G. FIELD SURVEYS & SUE Farnsworth completed a topographic survey and existing ROW verification for the project as part of the original task order, including the additional survey needed for the driveway modification at River Forge. Farnsworth Group, Inc. will provide SUE services including QL-B locates at the Stone Bridge intersection and an estimated Eva Wilson, PE, PTOE September 6, 2022 Page 3 ten potholes for the project. A utility exhibit and report will be included. Utilities at other sites will be located, but not at a QL-B level. As subconsultant to Stolfus, Farnsworth will complete the following: H. RIGHT OF WAY Approximate permanent and temporary impacts to ROW were defined as part of preliminary design for each site. Final design efforts will look to eliminate or minimize ROW needs. Farnsworth will research existing boundary information and existing plats. Up to 2 title commitments will be ordered to establish existing easements. Farnsworth will draw up any recorded easements in title work. Farnsworth will prepare two temporary easement exhibits and legal descriptions for the two condominium properties east of Stone Bridge (River Forge) and up to an additional two permanent easements for improvements outside the ROW at the eastbound bus stop at Stone Bridge and the westbound bus stop at River Edge. Right-of-way plans and a ROWPR are excluded from the scope of services based on information provided by the CDOT R3 ROW Unit. I. UTILITY COORDINATION Stolfus will provide overall utility coordination/management for the project. Stolfus will coordinate with the SUE provider, review SUE plans and reports as completed and evaluate proposed design with existing utilities to identify impacts. Stolfus will work with the hydraulics and structures designers to develop a utility conflict matrix that will be updated as information is provided from the SUE investigation. Stolfus will assist in developing a testhole plan based on the utility conflict matrix and will coordinate with the SUE provider to obtain testhole information. Stolfus will also develop utility plans to accompany the utility conflict matrix that will identify conflicts, relocations, and responsible parties and will be incorporated into the plan set. Stolfus will hold up to 2 Utility Coordination Meetings with the Town, CDOT and affected utility companies to review impacts and relocations (one virtual and one in-person meeting). The in-person meeting will be scheduled such that only one day is required to meet with all utility owners. Additional one-on-one contacts via phone and email will be provided to coordinate relocation plans, estimates and agreements. Stolfus will work with the individual utility owners to develop utility agreements. Stolfus will also complete the utility specification that outlines the utility impacts and actions by the contractor and/or utility company. J. DRAINAGE AND WATER QUALITY RESPEC will provide hydrology, hydraulics and water quality design for roundabout improvements at US 6 and Stone Bridge Road and at 3 proposed pedestrian crossings along US 6. Permanent water quality improvement features will be incorporated at Stone Bridge Road roundabout site but it is assumed that water quality for the pedestrian crossings will not be required. A stormwater management plan will be developed for the entire project. The Eagle River floodplain is a FEMA Zone AE floodplain which flows parallel to US 6, but it is contained within the existing channel and the proposed project limits are outside of the floodplain limits. Eagle River floodplain permitting is not anticipated and excluded from the scope of work. The FOR phase will build on the analysis from the FIR phase. In addition to refined analysis from the FIR phase, the plans, the SWMP, hydraulic report, and quantities will include additional detail. Storm profiles will be incorporated into the plan set at this phase. PSPs and non-standard details will be added, if necessary. The PS&E phase will build on the analysis from the FOR phase. The plans, SWMP, hydraulic report, PSPs will be finalized and prepared for bid. RESPEC FOR Plan Sheets: Tabulation of Drainage Structures Drainage Plan Sheets Storm Sewer Profiles Detail Sheets Stormwater Management Plan Narrative & Plan Sheets J. STRUCTURE DESIGN A small 3-4’ landscape wall is anticipated at the Stone Bridge roundabout on the south side of the roundabout. San Engineering will prepare a structure selection memo for review and acceptance by CDOT. The report will Eva Wilson, PE, PTOE September 6, 2022 Page 4 recommend a feasible wall system for the location and conditions that is consistent with the Town’s desired aesthetics. Geotechnical data will not be collected since it is expected to be a small landscape wall. At FOR structural plans and details will be prepared as well as any project specifications for the landscape wall. Revisions will be made for advertisement, as appropriate. K. LIGHTING DESIGN Clanton and Associates will prepare the lighting and electrical consulting for the following: 1.Roundabout at US6 & Stone Bridge Road 2.Street Lighting 3. Pedestrian Lighting 4.Electrical for Lighting and Rapid Flashing Beacon 90% Final Design (FOR) • Kickoff meeting • Attend one (1) site visit to observe existing conditions • Establish basis of design • Lighting design • Final lighting layout • Luminaire selection • Photometric (point-by-point illuminance) calculations to confirm CDOT compliance • Lighting details • Luminaire schedule • Power Source Locations • Utility coordination • Electrical design • Panel schedules • One line diagrams • Lighting Control Centers, including short circuit calculations and feeder sizing • Circuiting and conduit, including voltage drop calculations and conduit sizing • Electrical details • Specifications (CDOT format) • Tabulation of Approximate Quantities • Opinion of Probable Cost •Up to one (1) submittal (90% set) • Quality Control •IDR of submittal • Up to three (3) design meetings • Attendance at 90% Review meeting by web conference 100% Bid Set (PS&E) • Incorporate comments from FOR review, up to one (1) comment response • Final lighting design • Final electrical design • Final specification revisions (CDOT format) • Tabulation of Approximate Quantities • Opinion of Probable Cost •Up to two (2) submittals • Quality Control •IDR of submittal • Stamp set • Up to one (1) design meeting Specific exclusions from this scope are as follows: Eva Wilson, PE, PTOE September 6, 2022 Page 5 • Electric Vehicle (EV) electrical infrastructure design • Electrical receptacles for holiday lighting or maintenance • Electrical engineering for additional electrical devices not listed • Significant lighting and/or electrical redesign after resolution of 30% comments provided by Town of Avon and CDOT submittal based on client changes such as: changes in streetlight • ownership, addition of new electrical service(s), or a change from resetting existing streetlights to new streetlight installation. • Smart city and/or small cell infrastructure • Any development, design, or detailing of custom luminaires • Equipment procurement • Commissioning K. CONTRACT TIME Stolfus will complete the scope of services by February 2023, excluding CDOT review and approval for advertisement. L. DESIGN SUPPORT DURING CONSTRUCTION This scope of services excludes advertisement and design services during construction. M. PUBLIC INVOLVEMENT SUPPORT No further public involvement is included in this scope. DELIVERABLES Deliverables expected for this project include meeting notes; ROW exhibits, SUE plans; design calculations; drainage report, structure selection memo; Final (90%) plans, quantities and opinion of probable cost; PS&E documents and comment response matrix; in electronic format. FEE Stolfus and its subconsultants will perform these engineering services for an additional fee of $252,402 for a total project cost of $400,000. We appreciate the opportunity to work with the Town of Avon and would be happy to answer any questions you have on this Scope of Services. Sincerely, STOLFUS & ASSOCIATES, INC. Michelle R. Hansen, PE Senior Transportation Engineer 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager RE: Interim Town Prosecutor Appointment DATE: Sept. 9, 2022 SUMMARY: Elizabeth Pierce-Durance recently provided notice that she is moving to New Zealand for at least the next year. Elizabeth has served as the Town Prosecutor for many years and has also provided legal services for enforcement, liquor licensing, Colorado Open Records Requests and Sales Tax Regulation amendments. I discussed her departure with Town Attorney Karl Hanlon who indicated that his firm, Karp Neu Hanlon, can handle all matters except the Town Prosecutor. Inga Causey is a local attorney who has served as the Town Prosecutor in Vail for many years and has occasionally provided legal services for Avon. I recommend that Council approve retaining Inga Causey as the Interim Town Prosecutor and that Staff post a request for proposal for prosecutor services. One or two Council members are invited to participate in the review of proposals and related interviews. Section 10.1 contemplates that Council approve the Town Attorney, assistants and special counsel as deemed necessary by Council. At this time I am still working on details of a retainer agreement with Inga Causey and should have more information on hourly rates for the Council meeting. PROPOSED MOTION: “I move to appoint Inga Causey as the Interim Town Prosecutor”. Thank you, Eric AVON REGULAR MEETING MINUTES TUESDAY AUGUST 23, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Page 1 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:00:01 The meeting was hosted in a hybrid format, in person at Avon Town Hall and using Zoom.us. Mayor Smith Hymes called the Regular Avon Town Council Meeting to order at 5:00 p.m. A roll call was taken, and all council members were present in person, Lindsay Hardy, Scott Prince, RJ Andrade, Tamra Underwood, Amy Phillips, and Chico Thuon. Also present in person were Public Works Director Eva Wilson, Town Engineer Justin Hildreth, Planning Director Matt Pielsticker, Chief of Police Greg Daly, Town Attorney Karl Hanlon, Town Manager Eric Heil, General Government Manager Ineke de Jong, and Deputy Town Manager/Town Clerk Patty McKenny. 2. APPROVAL OF AGENDA Video Start Time: 00:00:28 Councilor Underwood moved to approve the agenda with no changes and Mayor Pro Tem Phillips seconded the motion and it passed unanimously (7-0). 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:00:47 Councilor Underwood disclosed she is an STR license holder which is not a conflict, just a disclosure. 4. PUBLIC COMMENT Video Start Time: 00:01:12 There were no in-person or virtual public comments. 5. BUSINESS ITEMS 5.2. Resolution 22-19: Referring Ballot Question(s) to the November 8, 2022 Ballot (Town Manager Eric Heil) Video Start Time: 00:01:44 (this item was considered before 5.1) Resolution 22-19 was presented as a council referred ballot question to the Avon voters for consideration of the formation and funding of the Eagle Valley Transportation Authority (“Transit Authority”). 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. Heil presented highlights about the formation group process with a presentation addressing the background, the purpose of the authority and enhanced services, the components and some details of the IGA, the membership required, the funding question for a sales tax increase (1/2 cent) and the two- year transition plan from ECO to EVTA. He noted the survey results from additional polling by the RTA group (New Bridge Strategy) supported the funding question. There was reference to the Fair Campaign Practices Act and what action would be allowed by elected officials and the town and what is not allowed. It was noted the town is not allowed to use town resources or funds to advocate for a ballot question. It was noted Bill Rey, consultant for the formation group, and local business community would be active with the campaign efforts. Public input was provided by several community members who supported the proposal. Chris Romer, VVP, spoke about their role as one of the stakeholders in the effort and thanked Avon for their support and participation. It was noted the regional government partners have expressed support for the ballot questions at recent meetings. Romer spoke about the education and campaign strategy which would include valley wide social media, ads, lawn signs, radio and print with Spanish emphasis, and an effort AVON REGULAR MEETING MINUTES TUESDAY AUGUST 23, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Page 2 to mobilize other stakeholders such as the climate action group. Mike Brown, Alpine Bank and EGE Air Alliance Board member, also expressed support for the EVTA and proposed ballot question and thanked Avon for their leadership in moving the discussions forward to hopefully what would be regional success. There was some discussion about the town’s polling which supported the use of the lodging tax as the funding source for regional transit. The formation group decided to focus on the sales tax in light of the revenue it would generate which was more than a lodging tax. In addition, Eagle County would be proposing a ballot question that would use lodging tax to fund childcare. The discussion also addressed the multiple funding questions the town council considered earlier this year and it was noted there was hesitancy to send all three tax questions to the voters with preference to let voters decide on the sales tax for regional transit this November. The council also contemplated having further discussion about placing a marijuana tax question on the ballot, however, there was consensus to move forward with one question funding regional transit. There was agreement to hold a special meeting on Sept. 7 for further discussion about the topic. Mayor Pro Tem Phillips moved 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; Councilor Thuon seconded the motion and it passed unanimously (7-0). 5.1. Work Session: Early Childhood Education (Town Manager Eric Heil and Mike Imhof, Vail Valley Foundation) (15 minutes) 5:15 Video Start Time: 00:46:50 The report presented an update about the town’s collaboration with the Vail Valley Foundation to develop new or expanded early childhood education facilities and programs. The packet materials included a map depicting Planning Area E, a letter from the Vail Valley Foundation, and a letter of support for the grant application from the town manager. There was council 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). Mike Imhof, VVF, addressed town council with comments about how the early childhood learning effort was launched by the VVF to improve the community and their desire to partner with the town would be important since Avon is the selected location for a new facility. He spoke about the business model structure and hoped that, if successful, they would launch other childcare facility / program initiatives throughout the county. Johannes Faessler, local resident, Vail business owner, and VVF Board member, spoke on behalf of the VVF noting the partnership with Avon would be necessary in order to secure the land. He spoke about collaborating regionally with governments, business community and nonprofits to help bring the project to fruition. Town Manager Heil suggested two council members serve as liaisons for the project and noted staff would be spending time on this project. Town Council supported proceeding in the planning process with VVF. There was consensus about the following comments: ▪ There would be some utility challenges on the site that would need to be resolved ▪ There was support to include employee housing on the site ▪ There was some concern about the competition the project would create with other childcare providers however it was noted that these stakeholder groups have been involved and are supportive AVON REGULAR MEETING MINUTES TUESDAY AUGUST 23, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Page 3 ▪ There was interest that the Village at Avon representatives be involved; it was noted that the DRB has already been made aware of the project There was no formal action required at this time. 5.3. Work Session: Business Survey Results (General Government Intern Emily Myler) Video Start Time: 01:15:52 The results of the Avon business survey was presented, a survey which was conducted from the Communications Office 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 was open from June 1 to June 30 with 72 business owners responding as reported by Myler. In general, the responses were very positive, and the summary of trends and data was part of the council packet materials. There was recognition for both Liz Wood and Emily Myler for initiating, launching, and analyzing the survey. The Mayor requested additional follow-up with the business community to occur mid-November. 5.4. Public Hearing: Second Reading Ordinance 22-10 Council Compensation (Deputy Town Manager Patty McKenny) Video Start Time: 01:40:48 Ordinance 22-10 increasing elected official’s compensation was presented to Council on second reading; Council approved first reading of Ordinance No, 22-10 at the August 9 meeting. The ordinance addressed Council compensation increases over a period of time that would apply to future Council members. There was some concern expressed about an increase in 2028. The public hearing was opened, no comments were made, the hearing was closed. Mayor Pro Tem Phillips moved to approve Ordinance 22-10, Amending Avon Municipal Code Chapter 2.04 – Compensation of Council on second reading; Councilor Hardy seconded the motion and it passed 5 to 2 (Andrade and Prince voted no). Prince noted his opposition was around the 2028 increase to compensation. 5.5. Public Hearing: Second Reading Ordinance 22-09 Short Term Rental Code Text Amendments (Senior Planner Jena Skinner) Video Start Time: 01:46:10 The report presented 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. There were a number of updated changes and clarifications to Ordinance 22-09 outlined, as follows: • 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 AVON REGULAR MEETING MINUTES TUESDAY AUGUST 23, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Page 4 • 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”) There was discussion about whether a renter or owner would have authority to short-term rent the unit; currently the language allows both the owner and renter the ability to apply for the STR license. It was noted there is not good data that shows the frequency of this happening, however, licensing and forms should help administer the program accordingly and begin to show actual rentals. There was support to allow renters to obtain a license and to exempt duplex units from the cap. The public hearing was opened, no comments were made, the hearing was closed. Councilor Underwood moved to approve second reading of Ordinance No. 22-09, Amending Titles 5 and 7 of the Avon Municipal Code and Town Core Map, with findings outlined in the staff memo and with modifications to to 5.04.050(g)(1) to include the term “multi-family” and in 7.20.90(b)(1) eliminate the words “…outside and…; Mayor Pro Tem Phillips seconded the motion and it passed (6 -1; Prince voted no). 5.6. Work Session I: Capital Projects (Town Engineer Justin Hildreth) Video Start Time: 02:25:59 A review of the long-range Capital Improvements Projects Plan (“CIP Plan”) was presented with highlights about 1) available revenues and year-end fund balances, 2) CIP Plan policies, scheduling and prioritization, 3) proposed projects (non-discretionary include projects that are required to maintain existing facilities and discretionary projects include new facilities and improvements that expand existing facilities and programs) and 4) options for Council consideration. The changes in recommended projects from 2022 to 2023 and the non-discretionary projects was the focus of the discussion. A summary of the 2024- 2027 longer range recommended projects was included with the materials as well. It was suggested to keep a fund balance in the CIP fund at $1M which required the long-range projects to remain unfunded at this time. Some comments and questions are outlined below: ▪ There was support to address the bridge at West Beaver Creek Blvd. ▪ There was support for maintenance along a number of trails through Avon, especially along Hurd Lane ▪ There interest in better understanding the funding request for the Eagle Valley Trail, specifically a request from the county from Avon to support the final trail construction work with a $300K contribution (over two years) ▪ There was support to address the old town hall site and surrounding area for some improvements ▪ There were questions about the park wi-fi and why the need to budget for the program; it was note an update about broadband would be presented in the near future ▪ There was not initial support for purchasing art pieces ▪ There were comments about why the old firehouse structure was not repurposed to housing and it was noted that the required costs for improvements were extremely high ▪ There was not support for reroofing the parks maintenance building at the park ▪ There was a question about the best timing to release construction bid requests for construction companies It was noted the input would help to revise the list and another review of the CIP budget would be scheduled in the near future. AVON REGULAR MEETING MINUTES TUESDAY AUGUST 23, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Page 5 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) Video Start Time: 03:20:00 The agenda report addressed 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. There was no public comment. Councilor Thuon moved to approve Resolution No. 22-16; Mayor Pro Tem Phillips seconded the motion and it passed unanimously (7-0). 5.8. Resolution 22-17 Participating in the Eagle County 2021 International Energy Conservation Code Cohort (Sustainability Coordinator Charlotte Lin) Video Start Time: 03:25:52 The report for Resolution 22-17 establishes the Town of Avon’s intent to participate in the Eagle County 2021 International Energy Conservation Code (IECC) Cohort. It was noted the purpose of adopting the Resolution were two-fold: (1) to allow the Town of Avon to receive free state-sponsored consultation to adopt the latest building codes and (2) to demonstrate Avon’s commitment to the Climate Action Collaborative as a participating municipality in Eagle County. There was no public comment. Councilor Thuon moved to approve the Resolution 22-17, Participating in the Eagle County 2021 International Energy Conservation Code Cohort; Mayor Pro Tem Phillips seconded that motion and it passed unanimously (7-0). 5.9. Work Session: Development Bonus Code Text Changes (Planning Director Matt Pielsticker) Video Start Time: 03:35:25 This report suggested a review of the town’s development code with some possible changes which would help create a more flexible development review process. There would be discussion about how to allow additional development rights when a project provides meaningful community benefits. Pielsticker noted 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 reintroduced. However, both times these incentives were removed from consideration based on Town Council direction. With the housing crisis looming, it seemed the discussion might help foster some support for create more community housing units as part of a flexible review process. He requested a future work session to solicit input and dialogue on the draft regulations. Councilor Underwood suggested creating a different tone to the requirements that would have a focus on improving and providing benefits for the community. In addition, there was support to add revisions that would address and align with the town’s comp plan and other long term goals and objectives. Councilor Hardy moved to initiate the code text amendments; Councilor Prince seconded the motion and it passed unanimously (7-0). 6. MINUTES 6.1. Approval of August 9, 2022 Regular Council Meeting Minutes (Deputy Town Clerk Brenda Torres) Video Start Time: 03:46:37 Mayor Pro Tem Phillips moved to approve the minutes with one correction to strike the word “interm” used before Town Attorney; Councilor Hardy seconded the motion and it passed unanimously (7-0). AVON REGULAR MEETING MINUTES TUESDAY AUGUST 23, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Page 6 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) 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 Video Start Time: 03:47:58 Mayor Pro Tem Phillips expressed she would not support a special meeting on Sept. 7 to continue discussions about referring a marijuana tax question to the ballot because she changed her mind about supporting a ballot measure for marijuana tax. Mayor Pro Tem Phillips moved to not have a special meeting on Sept. 7; Councilor Prince seconded the motion and it passed (Phillips; Prince, Underwood, Smith Hymes supported the motion; Andrade, Hardy and Thuon opposed the motion). The special meeting slated for Sept. 7 would not be scheduled. Councilor Thuon asked when the Town would make a statement about water conservation and drought. Heil noted the town defers to the water authority for guidance and regulations and town staff will review and draft best practices guidelines for water irrigation and conservation for council consideration in the future. 9. EXECUTIVE SESSION Video Start Time: 03:59:50 9.1. Councilor Under moved to convene to n 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; Councilor Andrade seconded the motion and it passed unanimously (7-0). Others present included: Town Attorney Karl Hanlon, Town Manager Eric Heil, General Government Manager Ineke de Jong and Deputy Town Manager/Town Clerk Patty McKenny. The session was held in the Holy Cross meeting room beginning at 9:05 pm and ending at 9:24 pm. 10. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting at 9:24 p.m. AVON REGULAR MEETING MINUTES TUESDAY AUGUST 23, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Page 7 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 BY: ____________________________________________ Patty McKenny, Town Clerk | Deputy Town Manager APPROVED: _____________________________________________ Sara Smith Hymes, Mayor Avon Council Members: Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade _______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS. 1 AVON PLANNING & ZONING COMMISSION MEETING ABSTRACT TUESDAY, SEPTEMBER 6, 2022 - MEETING BEGINS AT 5:00 PM 100 MIKAELA WAY – AVON TOWN HALL 1. CALL TO ORDER AND ROLL CALL ACTION: THE MEETING WAS CALLED TO ORDER AT 5:02PM BY CHAIRPERSON NUSBAUM A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS PRESENT WERE BILL GLANER, STEVE NUSBAUM, TOM SCHAEFER, AND ANTHONY SEKINGER. ALSO PRESENT WERE TOWN MANAGER ERIC HEIL, PLANNING DIRECTOR MATT PIELSTICKER, SENIOR PLANNER JENA SKINNER, AND PLANNER 1+ MAX MORGAN. COMMISSIONERS MARTY GOLEMBIEWSKI, KEVIN HYATT, AND DONNA LANG WERE NOT IN ATTENDANCE. 2. APPROVAL OF AGENDA ACTION: COMMISSIONER SCHAEFER MOTIONED TO APPROVE THE AGENDA. THE MOTION WAS SECONDED BY COMMISSIONER SEKINGER, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 4-0 VOTE. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEM THERE WERE NONE 4. PUBLIC HEARING – CODE TEXT AMENDMENTS FOR DEVELOPMENT BONUSES | FILE #CTA22003 (MATT PIELSTICKER , PLANNING DIRECTOR) PUBLIC COMMENTS: THERE WERE NO PUBLIC COMMENTS ACTION: COMMISSIONER SCHAEFER MOTIONED TO APPROVE APPLICATION #CTA22003. THE MOTION WAS SECONDED BY COMMISSIONER GLANER. THE MOTION TO APPROVE WAS APPROVED UNANIMOUSLY, 4-0. 5. CONSENT AGENDA 5.1. J ULY 19, 2022 PLANNING AND ZONING COMMISSION MEETING MINUTES 5.2. FINDINGS OF FACT AND RECORD – TMP22002 – TEMP USE 332. E. BEAVER CREEK BOULEVARD 5.3. FINDINGS OF FACT AND RECORD – MNR22015/AEC22003 – FENCE 2480 SADDLERIDGE LOOP ACTION: COMMISSIONER S CHAEFER MOTIONED TO APPROVE THE CONSENT AGENDA. T HE MOTION WAS SECONDED BY COMMISSIONER SEKINGER. THE MOTION TO APPROVE THE CONSENT AGENDA WAS APPROVED UNANIMOUSLY, 4-0 6. STAFF UPDATES 6.1. AMERICAN PLANNING ASSOCIATION 6.2. SHORT TERM RENTALS 7. ADJOURN _______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS. 2 ACTION: COMMISSIONER NUSBAUM ADJOURNED THE MEETING. THESE MEETING NOTES ARE ONLY A SUMMARY OF THE PROCEEDINGS OF THE MEETING. THEY ARE NOT INTENDED TO BE COMPREHENSIVE OR TO INCLUDE EACH STATEMENT, PERSON SPEAKING OR TO PORTRAY WITH COMPLETE ACCURACY. THE MOST ACCURATE RECORDS OF THE MEETING ARE THE AUDIO RECORDING OF THE MEETING, WHICH CAN BE OBTAINED FROM THE TOWN CLERK’S OFFICE BY SUBMITTING A PUBLIC INFORMATION REQUEST. RESPECTFULLY, MAX MORGAN