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TC Packet 10-25-2022_______________________________________________________________________________ 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, October 25, 2022 MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE) !! SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO THE ELECTIONS IN AVON TOWN HALL AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM 1. CALL TO ORDER AND ROLL CALL 5:00 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may request one (1) additional minute subject to Council approval. 5. BUSINESS ITEMS 5.1. Presentation: SpeakUp ReachOut (Program and Events Director Laura Alvarez) (10 Minutes) 5:05 5.2. Presentation: Avon Skate Park Coalition (Amy Lewis, Avon Skate Coalition) (15 Minutes) 5:15 5.3. Work Session: Vero Broadband Provider (Town Manager Eric Heil) (15 Minutes) 5:30 5.4. Work Session: Joint CASE/Council (CASE Manager Danita Dempsey) (60 Minutes) 5:45 5.5. Work Session: Review of Avon Art Pieces (CASE Manager Danita Dempsey) (30 Minutes) 6:45 5.6. Work Session: Building Electrification Data and Building Benchmarking (Planner 1+ Max Morgan and Sustainability Coordinator Charlotte Lin) (30 Minutes) 7:15 5.7. First Reading Ordinance 22-16: International Building Code Text Amendments (Planning Director Matt Pielsticker) (30 Minutes) 7:45 5.8. First Reading Ordinance 22-17: Sales Tax Update (Finance Director Scott Wright) (15 Minutes) 8:15 5.9. Resolution 22-23: Approving the Expenditure of Community Enhancement Funds from Holy Cross Energy (General Government Manager Ineke de Jong) (5 Minutes) 8:30 5.10. Consideration of Joining Amicus Brief in support of Eagle County’s appeal of the Surface Transportation Board decision allowing the Uinta Basin Railway (aka waxy crude train) (Town Attorney Karl Hanlon) (10 Minutes) 8:35 6. MINUTES 6.1. Approval of October 11, 2022 Regular Council Meeting Minutes (Deputy Town Manager and Town Clerk Patty McKenny) (5 Minutes) 8:45 7. WRITTEN REPORTS 7.1. Election Update (Deputy Town Manager Patty McKenny) 7.2. Monthly Financial Report (Finance Manager Joel McCracken) 7.3. Quarterly RETT Report (Accountant I Carly Fackler) 7.4. E-Bike Share Program Update (Transit Operations Manager Jim Shoun) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 8:50 9. ADJOURN 9:05 Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. VIRTUAL-ONLY MEETING VIA ZOOM 970.748.4013 idejong@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Ineke de Jong, General Government Manager RE: SpeakUp ReachOut Update DATE: October 12, 2022 SUMMARY: September was Suicide Prevention month, and Staff received a request from SpeakUp ReachOut, the suicide prevention coalition of Eagle County, to get a few minutes in front of Council. Laura Alvarez with SpeakUp ReachOut, will attend Tuesday’s meeting to to give an update on their organization and the local suicide prevention efforts. ATTACHMENTS: Attachment A: SpeakUp ReachOut Presentation Slide Title Style Shown Here SpeakUpReachOut.org Suicide Prevention Coalition of the Eagle ValleySuicide Prevention Coalition of the Eagle Valley Slide Title Style Shown Here SpeakUpReachOut.org Our mission is simple. It is to prevent suicide in Eagle County through training, awareness and HOPE! We are a group of individuals throughout Eagle County who are dedicated to providing suicide prevention, intervention and loss support services. Who we are SpeakUpReachOut.org Mission and Team Slide Title Style Shown Here SpeakUpReachOut.org Awareness around suicide in our community Basic level suicide prevention Intermediate level suicide prevention Advanced suicide prevention and continuing education We Need You SpeakUpReachOut.org Suicide Prevention is Everyone’s Business Slide Title Style Shown Here SpeakUpReachOut.org Suicide by the Numbers SpeakUpReachOut.org Eagle County Statistics Year # of Suicides Average Age Male/Female Resident 2021 9 32 7 male; 2 female 8 yes; 1 no 2020 12 42 11 male; 1 female 12 yes; 0 no 2019 12 48 7 male; 4 female 10 yes; 1 no 2018 17 48 10 male; 7 female 13 yes; 4 no Slide Title Style Shown Here SpeakUpReachOut.org ●Awareness Events ●Community Connections ●Speaker Series and Film Screenings ●Peer Support Groups ●Suicide Prevention Training ●Signs of Suicide School Programming ●Coping Cards ●Continuing Education for Clinicians ●The Gun Shop Project Our Initiatives SpeakUpReachOut.org Slide Title Style Shown Here SpeakUpReachOut.org ●Wear Yellow Day - Sept. 9 ●Annual Memorial Ceremony - Sept. 10 ●Hike for Change - Sept. 14 ●Strategies to Prevent Suicide in School and Communities - Sept. 21 ●World Mental Health Day Yin + Sound Yoga - Oct. 10 ●This Is My Brave - The Show Eagle Valley - Oct. 27 ●Applied Suicide Intervention Skills Training (ASIST) - Nov. 15 & 16 Upcoming Events SpeakUpReachOut.org Slide Title Style Shown Here SpeakUpReachOut.org Did you know that for every one person who dies by suicide, 25 people attempt suicide, and 135 people are impacted by the death of that person? But there is HOPE! And it starts with you. Help us understand general attitudes around mental health and suicide prevention, and let us know if we need to add new programs in 2022 to increase awareness around these important topics. Get Involved SpeakUpReachOut.org Community Survey Slide Title Style Shown Here SpeakUpReachOut.org ●2009-2020 Reach: 11,500 ●2021 Reach: 5060 ●20/21 School Year: 3060 students ●13,000 Website visits in 2021 ●2015 Distinguished Service Award from County Rotary Clubs ●2017 Epic Kids Award with Epic Promise ●2018 VVP Small Non-Profit of the Year ●2020 moved from 1.25 FTE to 4FTE ●2020 First Responder Outreach Award from County Rotary Clubs Awards and Accolades SpeakUpReachOut.org Slide Title Style Shown Here SpeakUpReachOut.org Language Matters SpeakUpReachOut.org Slide Title Style Shown Here SpeakUpReachOut.org Theory of Change SpeakUpReachOut.org Provide Education & Awareness Improve ConnectednessPostvention Improve Access & Delivery of Suicide CareLethal Means Safety Increase Economic Stability Blending a mix of helping people in need and working towards preventing the problem in the first place. ●Reduction in rates of suicide ●Reduction in the rates of suicide attempt ●Increased knowledge and awareness of suicide in Colorado and Eagle County, risk and protective factors, warning signs, how to support, access help and refer to community resources for someone experiencing suicidal thougths and behaviors. ●Increased use of mental health services and help- seeking ●Increased referrals for youth in distress Slide Title Style Shown Here SpeakUpReachOut.org ●Let the person know you are concerned and willing to help ●Discuss your observations with the person ●Ask the question(s) without dread ●Do not express a negative judgment ●Appear confident and be reassuring ●Provide a safety contact number ●Help the person identify past supports ●Involve them in decision making Have confidence and know you can make a difference ●Call 911 immediately if the person has a weapon or is actively trying to hurt themselves or someone else Helping Someone SpeakUpReachOut.org How to help Slide Title Style Shown Here SpeakUpReachOut.org ●Tell the person to “snap out of it”, “act happy”, “I know exactly how you feel”, etc. ●Blame person for symptoms ●Adopt an over-involved or over-protective attitude ●Dismiss, belittle or trivialize the person’s feelings or experiences ●Try to “cure” the person ●Use guilt and threats: ○“You have a great life; you can’t be that unhappy?” ○“You will ruin other people’s lives if you die by suicide” ○“You will go to hell” ●Never leave an actively suicidal person alone ●Do nothing Helping Someone SpeakUpReachOut.org What you should NOT do Slide Title Style Shown Here SpeakUpReachOut.org ●Level 1 ○Question, Persuade and Refer ○LivingWorks Start ●Level 2 ○VitalCog (formerly Working Minds) ○Mental Health First Aid ○Youth Mental Health First Aid ●Level 3 ○Applied Suicide Intervention Skills Training Learn More SpeakUpReachOut.org Training with SpeakUp ReachOut Slide Title Style Shown Here SpeakUpReachOut.org Self Care SpeakUpReachOut.org SpeakUp ReachOut Coping Cards 54 Coping Cards available on our website. English and Spanish Slide Title Style Shown Here SpeakUpReachOut.org Get Help SpeakUpReachOut.org www.eaglevalleybh.org 970-306-4673 Slide Title Style Shown Here SpeakUpReachOut.org ●64% EVBH / Vail Health Benefactors ●25% Awards from Small Businesses ●11% Caring Individuals Like You Your Support Makes a Difference SpeakUpReachOut.org Suicide prevention programs are paid for by compassionate people like you Because of your community support, programs like this one today are available to everyone at no charge. 970.748.4023 jskinner@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Jena Skinner, AICP, Senior Town Planner RE: Avon Skate Coalition Presentation DATE: October 19, 2022 SUMMARY: A local, grass-roots organization called the Avon Skate Coalition ("ASC") has been working on developing a skatepark in Avon. They have requested the opportunity to provide a brief presentation Council and request Council support to pursue initial planning and design for a skate park on Town property. BACKGROUND: The ASC initially approached the Community Development Department, much like a developer would, seeking clarification regarding the development process, feedback on their project itself, and questions about zoning and possible locations in Avon that may be suitable for this type of recreational development. As a second "step" in their efforts, the Avon Skate Coalition has received a $25,000 grant from the Colorado Health Foundation to assist with the planning process. Amy Lewis has been the point contact from EFEC and is acting as the fiscal sponsor for this mission. When the ASC first approached Staff, the primary target area they felt would be a good location for the park was Planning Area B of the Village At Avon. This planning parcel is designated Community Facilities, with Park and Open Space as one of its permitted uses. The final location and configuration of this parcel and adjacent parcels are currently "undefined" and Planning Area B, Staff suggested that ASC look at other parcels that may be more suitable for their vision. Ideal locations are on a public transit route, have pedestrian and bike access routes, and either have utilities installed or be in immediate proximity to connections. After reviewing the 2018 Town Properties Plan, Staff identified one Town owned property that met the location criteria as mentioned above; as well as checked a few more boxes that, include proximity to a convenience store, proximity to Urgent Care, fire and police services, and finally, this parcel did not have any long-range development plans. The 3.4 ac parcel is known as Tract Y, Benchmark At Beaver Creek and is zoned for Open Space, Landscaping, and Drainage. Other ideas also include the potential creation of an adjacent pocket park to support the residential needs of the Nottingham/Swift Gulch and Buffalo Ridge area on the contiguous "Swift Gulch" area parcel (Swift Gulch Addition Lot:2), as shown on the attached Attachment A, as a potential companion amenity. Another potential location is the 13 acre Regional Park parcel in the Village (at Avon) (see P3 on Attachment A); however, planning and development of this parcel undefined and this site may be not be available for several years. NEXT STEPS: Next steps with any design concepts for a potential skate park will need to include new surveys, a soils/geotechnical report and engineering designs, and a site plan that includes information regarding parking, signage, lighting, restrooms, and the skate park features themselves. The Town will also need to determine the cost of ongoing maintenance, liability, and with general expectations of park use. Max Morgan, Planner 1+ and Michael Labagh, Recreation Director, and I have discussed this project several times with Ms. Lewis. Since this has not been a Town directive, we have only answered the coalition's questions and provided general information discussed in this report, and provided other guidance for the planning process. Staff recommended that the ASC request to present this topic to Council as a preliminary step before any further work on planning and designs. Amy Lewis and associates will attend Tuesday’s meeting to give an update on their organization and their effort to bring a skatepark to Avon. They have prepared an independent presentation for Council which is attached to this report. 970.748.4023 jskinner@avon.org OPTIONS: Staff proposes the following options for Council: 1. Direct Staff to coordinate with ASC’s grant funded planning effort, complete an evaluation of development of a skate park this site and other potential sites, determine the desired design of a skate park to meet the long-term needs of the Avon community and criteria for the ideal location, determine rough cost estimates for the construction of a skate park and potential grant funds, refer to Avon Planning and Zoning Commission and Health and Recreation Committee for review, and provide a recommendation to Council. 2. Direct Staff to take no further action with ASC at this time and allow skate park planning to be part of future recreational planning efforts. Thank you, Jena ATTACHMENT A: Informational Map of Potential Site ATTACHMENT B: ASC Presentation 1. BENCHMARK AT BEAVER CREEK1. BENCHMARK AT BEAVER CREEK TRACT YTRACT Y 2. VILLAGE AT AVON P32. VILLAGE AT AVON P3 1. BENCHMARK AT BEAVER CREEK TRACT Y Property owned by TOWN OF AVON Zoned Open Space, Landscaping, and Drainage Amenities: 7-11, bus stop, Urgent Care, Avon Police Station, Avon Fire Station, public path/trail, Swift Gulch Employee Housing, Buffalo Ridge Apts, Town of Avon Bus Barn, restaurants, residential units on Nottingham - all in the immediate vicinity Other: Ditch on property needs attention. Dead cottonwoods have been cut; stumps will need to be removed. 2. VILLAGE AT AVON - P3 Property owned by TRAER CREEK-RP LLC Zoned PUD - Parkland Amenities: Other: Bus stop, Wal-Mart, Hotel (under construction), Maverick Gas Station (pending construction), bike trails, restaurants, Buffalo Ridge Apts, Swift Gulch Housing, future residential housing Village at Avon - all in the immediate vicinity Water District has an interest in the property for another year 2. VILLAGE AT AVON - P32. VILLAGE AT AVON - P3 1. BENCHMARK AT BEAVER CREEK1. BENCHMARK AT BEAVER CREEK TRACT YTRACT Y SWIFT GULCH PLANNING AREA (2018 TOWN OWNED PROPERTIES PLAN) SWI F T G U L C H A D D I T I O N Lot: 2 BUFFA L O R I D G E ATTACHMENT A POTENTIAL SKATE PARK LOCATIONS AVON COLORADO SKATE COALITION UNITED IN SKATEBOARDING TOWN OF AVON • 10/25/22 THE DESIRE NO PROGRESSIVE PLACE TO SHRED Since the pandemic, our local youth have been asking for a place to gather in person, socialize, and focus on improving their skills in a sport that intrigues them. Skateparks give diverse groups of people freedom to express themselves in alternative, non-competitive and individual ways. There are no tryouts, no team hierarchies, no gender separation—all you need is a deck, a helmet, some padding, and perseverance. Former Eagle Valley High School media student, Sam Elliot, produced this video for the Red Canyon High School Skate Class students and submitted it to PBS News Hour Student Labs. It aired during Season 2022 Episode 01/24/2022 THE DESIRE GET SOME SERIOUS (FRESH) AIR In our resort-focused communities, free public, recreational outdoor space is crucial. Local skaters trek throughout the mountain region and beyond to expand their skating options. This can be nerve- wracking for parents, and unfair to those who don’t drive or have access to a car. A progressive design will entice skaters to stay local to improve skills while attracting skaters of all levels to experience the Avon skatepark. CAN AVON STICK THE LANDING? Studies show that skateparks are some of the most economic and utilized park spaces for the cost. With the sport’s recent elevation to Olympic status, skateparks throughout Colorado are being refurbished, redesigned, and built. Visit the Edwards, Vail, or Gypsum skateparks to see the trend— parks are packed! Build a progressive skatepark in Avon and transform underutilized land into lively and energetic community areas that can also serve as event space and more for non-skaters, expanding inclusion and variety. LEARN IT TO LOVE IT Eagle County’s skate community wants more opportunities and locations for learning to skate. Diverse age groups can mingle while improving skills and encouraging skate-wise role modeling. Even adult skaters can shake off the cobwebs. Can’t ollie? No problem. Today’s skating community welcomes all, allowing creative communities to flourish. THE BENEFITS PUBLIC SKATEPARKS ARE CREATIVE OUTLETS Now that outdated, negative stereotypes of skateparks and skaters are dispelled, it’s time to highlight the benefits of the sport and the reason it is experiencing a resurgence throughout Colorado and the rest of the country. Skateparks are community gathering places that help to build social skills. The pandemic uncovered a youth-driven request for engaging outdoor environments. Skating is a cost-effective activity that is inclusive to diversity by the creativity inherent in the sport. The Avon Skate Coalition approach encourages civic responsibility through an equity-focused community engagement design process. Positive effects on mental health through physical activity Promotes healthy active lifestyles A valuable diversion from anti-social behaviors by giving youth a safe and active place to gather in a space that is thoughtfully designed with their input Attracts recreational tourism EAGLE CO. PARKS THE EDWARDS SKATEPARK Located at Freedom Park across from Battle Mountain High School, this is the only full-size skatepark in Eagle County. Designed and built in 2010 by Grindline Skateparks, this park bears the brunt of skater usage from the surrounding communities. Pros: o Decent size despite the number of users (20,000 sq. feet) o Many of the skatepark features are proportionally sized o Beginners and advanced users visit the skatepark regularly o Location and nearby amenities are good for visitors, restrooms available on site Cons: o No lights o Regularly overcrowded to a point of being dangerous at times o Significant sections of the park are under-utilized due to poor feature design o At 12 years old, it needs some upgrades, repairs and a better approach to maintenance EAGLE CO. PARKS THE LIONSHEAD (VAIL) SKATEPARK Designed and built by California Skateparks in 2016, this is a small pocket-park sized skatepark located within the Lionshead parking structure. It is under-utilized due to its size, an awkward design layout, and location. It does not offer diverse features that cultivate learning and skill advancement. Pros: o It is a skatepark in Vail o It attracts out-of-town skaters o Has lighting and restrooms access o An interesting use of an otherwise “dead” space within the parking structure Cons: o Small (4,000 sq. feet): The park gets overcrowded quickly o Long wait times to drop-in; design only allows for one skater at a time o Fear of collision is high in the main section o Poorly designed west end mini ramp is under used due to tight transitions o Out of sight, out of mind –parking garage location is not visible to traveling skaters EAGLE CO. PARKS THE GYPSUM SKATEPARK As outdated as this skatepark is, it gets used quite a bit because it’s the only skatepark serving the communities of Eagle and Gypsum. Approximately 8,000 sq. feet, this park is very old and obviously not built by a professional skatepark building company. The Gypsum Town Council recently approved the redevelopment of this park in response to a youth-led campaign by Red Canyon High School students. Pros: o It is a skatepark in the western end of Eagle County accessible to the Eagle and Gypsum communities o Redesign and upgrades are in the works, funding is not secured o Avon Skate Coalition is working with Red Canyon High School Skate Class student volunteers to make the design of both skateparks a communitywide effort Cons: o Outdated, small, awkward design, no lighting o A total lack of flow and transition o Does not accommodate for the number of possible users in western Eagle County THE SOLUTION THE AVON SKATEPARK The Avon Skate Coalition envisions a destination-level, progressively focused design for learning and inclusion that is wheel friendly, open access, and a recreational feature owned and maintained by the Town of Avon. With funding support and community engagement guidance provided by The Colorado Health Foundation, the Avon Skate Coalition will lead an equity-based community design approach ensuring diverse community input is gathered and included throughout the design process. A project of the Education Foundation of Eagle County, the skatepark mission is to provide a positive impact on youth mental health and resilience by working with students to advocate for an inclusive, progression-oriented skatepark system. Avon Skatepark will be free to use and welcoming for all socio-economic demographics. Avon Skatepark will encourage our youth to socialize in person and outdoors, helping to build community and foster friendships. THE SOLUTION THE AVON SKATEPARK Avon Skatepark will provide another summer training location for competitive skiers and snowboarders in the area. Additionally, it will provide another local location for out of school skateboarding camps that are cultivating the next generation skateboarders and evolving the skate culture. If built correctly, Avon Skatepark would enhance summer town attractions. Surrounding businesses would benefit with revenue from Avon Skatepark users. Word travels fast within the skater community when a world-class skatepark is constructed. The Avon Skate Coalition has plans to raise most of the funding to build the skatepark through public and private grants with the Education Foundation of Eagle County as the project’s 501c3 fiscal sponsor. THE REQUEST THE AVON SKATEPARK The Avon Skate Coalition is asking the Avon Town Council to consider Tract Y to be the new location for the Avon Skatepark. In order to begin the equity-centered design process with funding provided by The Colorado Health Foundation, the Foundation requires a MOU/Letter of Intent to allow use of the site for the project. After in-depth meetings with Avon Town Planners and Avon Recreation Department, this location has been presented to the coalition as the most promising site option with the following attributes: o Property owned by TOWN OF AVON o Zoned Open Space o Amenities in the immediate vicinity: •7-11 •Urgent Care •Avon Fire Station •Swift Gulch Employee Housing •Town of Avon Bus Barn •Bus stop •Avon Police Station •Public path/trail •Restaurants •Easy access for Buffalo Ridge o Other: •Ditch on property •Dying cottonwoods on site are slated for removal •Currently, there is no planned use for this site THANK YOU 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager RE: Vero Broadband DATE: October 19, 2022 SUMMARY: This report provides an introduction to Vero Networks broadband services and responds to several questions and comments from Council members at the last broadband work session. VERO NETWORK: Vero current is the internet service provider in the Village (at Avon) and has the exclusive right to provide internet service based on the 1998 Development Agreement and control of telecommunications infrastructure by Traer Creek, LLC. This arrangement whereby the Village (at Avon) installed fiber optic lines and leases them to Vero results in a very competitive service. Vero Networks has expressed interest in further studying potential service the core area of Avon. COST OF PROJECT THOR: The annual subscription cost for Project Thor would be approximately $85,000. Town of Avon currently has six different internet subscriptions for a yearly cost of $26,787. The Town would not need to continue these internet subscriptions if Town joined Project Thor. There would be a modest administrative charge associated with internet use through Project Thor and Avon is currently subject to multi-year contracts for some subscriptions, but the savings from cancelling existing internet subscriptions is estimated to be more than $20,000 per year. Existing internet service ranges from 50 megs, to 100 megs to 1GB service at Town Hall. Project Thor would provide 1GB service at all Town facilities. COST TO PROCEED WITH FIBER OPTIC BROADBAND GOALS: Council members acknowledged that the proposed costs to pursue fiber optic based broadband infrastructure and service would be more than what was initially represented. This is absolutely true. Staff proposal is an approach for Avon to actively pursue planning and installation of fiber optic in the “middle mile”, i.e. Town’s streets in the valley floor area where there is high density and partner with 3rd party internet provides who would install the “last mile”, or physical fiber optic connections to the end consumer. There may be opportunities for a partnership with a company like Vero Network where such company invests in fiber optic installation with a long term agreement. The cost for installation of fiber in the middle mile are not identified at this time. This is an identified next step in a Town strategy to deploy fiber optic through the valley floor area of Town. Staff presented costs estimates of $375,000 the first year and then $170,000 as an annual cost (comprised of the $85K annual subscription to Project Thor and $85K cost of a ½ staff position or contract consultant services) PLUS the cost of fiber optic installation in the middle mile which is yet to be determined. ATTACHMENTS: Attached is a presentation from Vero Network. The HR Green Broadband Feasibility Study, Phase 1 Report, is attached which has information on a community survey that was conducted. Finally, an Avon Smart City proposal from FWON is attached, which was prepared in 2017 OPTIONS: Council may (1) proceed as outlined in the September 8, 2022 Report, (2) direct Staff to further research fiber optic broadband infrastructure including applying for planning grants to identify cost of installing fiber optic infrastructure and soliciting proposals for public-private partnerships from companies like Vero Network, or (3) direct Staff to take no further action. RECOMMENDATION: I recommend that Council consider either Option (1) or (2) because fiber to the home is considered the superior infrastructure for broadband service. Thank you, Eric ATTACHMENT A: Vero Network Presentation ATTACHMENT B: September 8, 2022 Broadband Report ATTACHMENT C: Broadband Feasibility Study, Phase 1 Report ATTACHMENT D: Avon Smart City – FWON, Inc. Proposal ATTACHMENT E: Fiber Will Dominate article in Broadband Communities October 18, 2022 Town of Avon FTTP Partnership Intro •Founded in 2017 by veteran telecom executives with intent to deliver fiber for school districts •Fiber to the Home in 2021, acquisition of Brainstorm/Forethought/Peak Internet Jan 1, 2022 •Focus on serving communities with fiber-based broadband in markets across the country •Mission to deliver best-in-class customer service and simple, reliable services •Fully funded, customer focused, growing company with experienced leadership About Vero Relevant Financial Metrics 9,000+ Customer Count 18 / 80+ States / Markets $30+M Investments in Networks 2021 58% Avg FTTH Take Rate $26M Annualized Revenue Vero’s Avon Fiber Vero Fiber Potential Network Expansion Village at Avon Service Offerings (Mbps) Residential* ●100/100 - $50 per month ●1 Gig/1 Gig - $70 per month *Includes discounts for use of Village at Avon infrastructure Vero currently services The Village at Avon with fiber Vero - High Speed Internet for Community Vero Owned Fiber Home Schools Cell Tower and Small Cell Data Center / Hyperscale Business / Government Broadband Service Offerings Residential ●100/100 - $60 per month ●500/500 - $80 per month ●1 Gig/1 Gig - $100 per month Business ●100/100 - $100 per month ●500/500 - $150 per month ●1 Gig/1 Gig - $200 per month Vero Market Verticals Rates above are typical market rates and are subject to reduction based on partnership and reducing deployment costs in the Avon market. Partnership Goals - Expansion of Fiber Network VERO / AVON PARTNERSHIP GOALS ●Expand Network throughout Avon (including Old Avon) ●Deploy and operate a 100% fiber based network using 10G technology ●Offering a managed WiFi solution that enables an overall better customer experience ●Offering fiber to Town of Avon for supporting internal network needs (WAN) ●Facilitating smart-city technology initiatives that Town of Avon pursues in the future Next Steps ●Define service areas within the Town of Avon ●Explore use of any existing town conduits & facilities to help expedite the deployment of services ●Identify town needs for fiber connectivity and incorporate into Vero’s plan ●Discuss ways to facilitate deployment by collaborating with other projects ●Engage community and garner support for the project to ensure high take rate ●Formalize any agreements with the Town as part of a partnership ●Develop a plan for permitting and timeline for deployment Contact Information: Information contained in this document is intended for the sole use of the recipient and shall be deemed proprietary and confidential and not to be distributed or disclosed to any 3rd party without prior written consent. Jonathan Adelman - Chief Executive Officer jadelman@verobroadband.com 303-884-3430 John Wharton - Market Development Manager jwharton@verobroadband.com 720-988-8239Evan Biagi - Chief Revenue Officer ebiagi@verobroadband.com 970-855-5515 www.verobroadband.com 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. ATTACHMENT B: Sept 8, 2022 Report 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. ATTACHMENT B: Sept 8, 2022 Report 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 ATTACHMENT B: Sept 8, 2022 Report 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 ATTACHMENT B: Sept 8, 2022 Report Broadband Feasibility Study: Phase 1 Report Prepared for: Town of Avon June 2021 ATTACHMENT C: Avon Phase 1 Final Report  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. ATTACHMENT C: Avon Phase 1 Final Report  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. ATTACHMENT C: Avon Phase 1 Final Report  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 ATTACHMENT C: Avon Phase 1 Final Report  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 ATTACHMENT C: Avon Phase 1 Final Report  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 ATTACHMENT C: Avon Phase 1 Final Report 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. ATTACHMENT C: Avon Phase 1 Final Report 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. ATTACHMENT C: Avon Phase 1 Final Report 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) ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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. ATTACHMENT C: Avon Phase 1 Final Report 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. ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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. ATTACHMENT C: Avon Phase 1 Final Report 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/ ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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) ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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: ATTACHMENT C: Avon Phase 1 Final Report 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/ ATTACHMENT C: Avon Phase 1 Final Report 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/ ATTACHMENT C: Avon Phase 1 Final Report 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. ATTACHMENT C: Avon Phase 1 Final Report 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/ ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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/. ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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/ ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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. ATTACHMENT C: Avon Phase 1 Final Report 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. ATTACHMENT C: Avon Phase 1 Final Report 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. ATTACHMENT C: Avon Phase 1 Final Report 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. ATTACHMENT C: Avon Phase 1 Final Report 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. ATTACHMENT C: Avon Phase 1 Final Report 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. ATTACHMENT C: Avon Phase 1 Final Report 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. ATTACHMENT C: Avon Phase 1 Final Report 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: ATTACHMENT C: Avon Phase 1 Final Report 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. ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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] ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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? ATTACHMENT C: Avon Phase 1 Final Report 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. ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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? ATTACHMENT C: Avon Phase 1 Final Report 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) ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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? ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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? ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report 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. ATTACHMENT C: Avon Phase 1 Final Report 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. ATTACHMENT C: Avon Phase 1 Final Report 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 ATTACHMENT C: Avon Phase 1 Final Report TOWN OF AVON-“Gigabit Smart City” Prepared for: Virginia Egger Prepared by: FWON Inc. April 27, 2017 Proposal number: CO-4 FIBER WIRELESS OPERATING NETWORKS INC. (FWON INC.) DBA AVON BROADBAND ATTACHMENT D - Avon Smart City EXECUTIVE SUMMARY Objective Avon CO would like to advance its position as a “Smart City” by increasing the availability of Gigabit broadband to create more ubiquitous Wi-Fi (802.11ac Wave 2) in public areas, enhanced public safety via more video surveillance capabilities, smart kiosks and new modern redundant communications systems. The objective is to create useful, cost effective solutions that bridge the digital divide and open doors to future innovations benefiting the town, residents, visitors and businesses, A new hybrid fiber/wireless infrastructure will result in more internet access to improve work efficiency for public services like the police and other city needs. Goals Phase 1: Provision a Gigabit backbone connection capable of expanding to 10 Gigabits. This connection, provided by one of the major internet service providers, would be the central connection used for the City Wi-Fi network. We would also provision a second connection if not already in place for back up (redundancy) by another provider. Avon would buy up to (3) three Smart Kiosks and place along Main Street Mall and the Park thus enabling - (SSID : Free Avon Wi-Fi.) The Kiosks have Wi-Fi but would be limited in range to about 100-200 meters. Additional placement of Wi-Fi Access Points would be needed to cover the entire Mall area and other open areas. We would need to connect last mile wireless equipment to the to the Gigabit connection and distribute connectivity to the Smart Kiosks and additional Wi-Fi access points. City police and administration could have their own private secure connection on the WI-Fi network like Vail (SSID:Avon Muni). This is a cyber secure private connection, if employees want to connect to open internet, they can do so on Free Avon Wi-Fi. One Time Capital Expenditures, (equipment & installation): $140,000 + $165,000 (10) Gigabit Outdoor Access Point’s / (10) Indoor Access Point’s $35,000 (13) Backhaul Radio Links to Connect Micro Pops to Gigabit Network: $52,000 (13) Micro Pops (Red Circles on Diagram, last 1/2 mile wireless fiber links): $33,000 20 CPE & Accessories (Connects Access Point to Micro Pop): $10,000 Core Backend to manage infrastructure (routers, switches etc.): $10,000 (3) Kiosks Delivered & Installed: $55,000 Each Monthly Operating Expenditures: $2,600/Mo for Gigabit Connection to Internet from Centurylink/CDOT. Wi-Fi Network Management Per AP: $15 Gigabit Wi-Fi Network Management: $500/Mo Kiosk Services Per Kiosk: $256 (Wi-Fi Analytics, Media Mgmt, Maintenance/Support) FWON INC. ATTACHMENT D - Avon Smart City ‘ Phase 2: Work with city to identify video surveillance locations, street lights, IOT water irrigation, EV Charging stations and connect them to the city network. Could be other applications which require connectivity and the “Smart City” network will be there to support it. Estimated Budget Costs: TBD Capital Expenditure: TBD Operating Expenditure: TBD Project Outline •Phase 1 is relatively simple in terms of technology and economics, could be up and running in 30 days depending on access to new Internet connection. (Preferred City location but can use Westin or Sheraton) Im working with CenturyLink, Mammoth and Comcast to procure. They are the only current options. Avon would have the fastest Wi-Fi in CO and on par with Smart City initiatives going on in populous urban markets. •Phase 2 is something which would put Avon on par with Vail with regards to performance and capability. The major difference is time and resources. We believe we can achieve this at a 95% reduction in time and resource. If this is something the city would like to develop in the short term, we can work with you to enable it. COMPANY NAME Avon Free Wi-Fi Coverage Extended To Mall & Open Areas (Bus Shelters, Park etc.) ATTACHMENT D - Avon Smart City BUDGET Estimated Budget This budget is a best effort based on previous deployments. Description Quantity Unit Price Cost Phase 1 1 $ 0 $ 0 Phase 2 1 $ 0 $ 0 Total $0 A new “Gigibit” wireless backhaul network will be constructed to feed the new Gigabit Wi-Fi network. We anticipate being able to connect any location with any type of application with this design. The red circles are conservative and will most likely be 2X in reality. ATTACHMENT D - Avon Smart City ATTACHMENT D - Avon Smart City INDUSTRY ANALYSIS 28 | BROADBAND COMMUNITIES | www.broadbandcommunities.com | JANUARY/FEBRUARY 2022 BroadBand Communities asked industry colleagues what will drive broadband in 2022. Hint: Fiber will play a starring role for most industry players. By Sean Buckley / Broadband Communities A s the world deals with the seemingly never-ending COVID-19 pandemic, broadband providers contend with component and labor shortages, inflation and logistical challenges. At the same time, consumer and business appetite for broadband increases as more people work remotely and conduct education online. “The emphasis on and investments in advanced broadband access networks around the world over the last two years show no signs of abating in 2022,” said Jeff Heynen, vice president of broadband and home networks for the telecom market research firm Dell’Oro Group, in a new report. “Despite the headwinds of component and labor shortages, inflation, and logistics snafus, broadband network buildouts and upgrades, coupled with net subscriber additions, are projected to result in [more than] $15.5 billion in equipment spending in 2021.” THE FIBER FACTOR All-fiber network deployments will be a strong trend in 2022. According to RVA LLC, fiber broadband now passes more than 60.5 million homes in the U.S. alone – representing 12 percent growth in 2021. The research firm attributes fiber deployments to higher acceptance than any other broadband technology – cable, satellite or wireless – in terms of capacity, reliability, latency and customer satisfaction. An RVA survey revealed fiber-based broadband has other positive attributes: an average net promoter score of 20 percent; high reliability based on reported outages, and the highest speeds and lowest latency based on random speed tests. Mike Render, president of RVA, said the “benefits have created competition among more diverse sizes and types of service providers that are now racing to reach more subscribers with fiber.” The acceleration of copper to fiber migrations is also driving fiber-to-the-home (FTTH) growth. Heynen expects this trend to accelerate in 2022 because of new optical line terminal (OLT) investments supporting 1 Gbps and up to 10 Gbps symmetrical speeds. “Operators throughout North America, EMEA, the Caribbean and Latin America switched more of their capex toward expanding their fiber networks,” he said. TIER-1 TELCOS SET AGGRESSIVE FIBER TARGETS The top priority for the three largest Tier-1 telcos is to deepen fiber penetration. AT&T added more than 1 million fiber subscribers for all of 2021, ending the year with nearly 6 million fiber subscribers. The telco expects its Fiber Will (Mostly) Dominate Broadband in 2022 Jeff Heynen ATTACHMENT E - Fiber Will Dominate Article JANUARY/FEBRUARY 2022 | www.broadbandcommunities.com | BROADBAND COMMUNITIES | 29 fiber subscriber growth rate to accelerate in 2022. “You will see us start to sell more end users each quarter as we move forward,” said John Stankey, AT&T’s CEO, during the telco’s fourth-quarter 2021 earnings call. “You’re going to see our subscriber count start to ramp as that [fiber] footprint gets larger.” AT&T passed more than 2.6 million additional customer locations for the year, missing its original 3 million target because of supply-chain constraints for fiber assemblies. “We feel like we’re through the supply-related issues,” Stankey said. “I feel very, very comfortable that we’re going to hit those 30 million directions that we’ve given you by the end of [20]25.” The telco added 271,000 new AT&T Fiber customers in the fourth quarter. Broadband revenues were up 5.4 percent with ARPU growth of 4.2 percent. Overall, broadband revenues hit $2.32 billion, up from $2.2 billion year over year. But AT&T is not resting on its laurels. It recently began rolling out 2 and 5 Gbps tiers to nearly 5.2 million customer locations in parts of more than 70 metro areas, such as L.A., Atlanta and Dallas. The two tiers offer consumer and business packages at competitive prices: AT&T Fiber (2 gig): $110 per month; AT&T Business Fiber (2 gig): $225 per month; AT&T Fiber (5 gig): $180 per month; and AT&T Business Fiber (5 gig): $395 per month. Fellow telco Verizon saw Fios Internet grow during the fourth quarter, adding 55,000 subscribers. For the full year 2021, Verizon reported adding 360,000 Fios Internet customers – the best annual performance since 2014. Total Fios revenues were $3.2 billion in fourth-quarter 2021, an increase of 5.7 percent year over year. Matt Ellis, CFO of Verizon, said the company’s Fios pricing structure appeals to customers. “Even with a slight uptick in voluntary churn, we continue to experience exceptionally low Fios Internet churn as customers trust the reliability of our network and the simplicity of our mix-and-match pricing,” he said. However, the Fios Internet subscriber total for the fourth quarter was lower than the 100,000 research firm MoffettNathanson expected. Meanwhile, Lumen, which rebranded its FTTH division as Quantum Fiber, had about 2.7 million fiber-enabled locations at the end of the third quarter. For Lumen, 2021 was a time of transition. In August, it announced it would divest about 20 states in its legacy incumbent local exchange carrier (ILEC) operations, a large majority of which are rural, to Apollo Funds. The 16 states Lumen is retaining are more urban and suburban. Figure 1 John Stankey Matt Ellis ATTACHMENT E - Fiber Will Dominate Article INDUSTRY ANALYSIS 30 | BROADBAND COMMUNITIES | www.broadbandcommunities.com | JANUARY/FEBRUARY 2022 Lumen plans to pass 12 million locations with fiber. Having already passed 2.5 million sites with thread at the end of the third quarter, it planned to add 1 million locations in 2021. It set a target of 1.5–2 million in 2022 and beyond. Maxine Moreau, president of mass markets at Lumen, told investors during the 5th Annual Virtual Wells Fargo TMT Summit that “the Apollo deal allows us to streamline our portfolio and narrow our focus to just more targeted 16 state footprints.” “Seventy percent of that remaining footprint is in urban-suburban clusters,” she continued. “These clusters have the density so going deeper with fiber makes sense. We’re initially targeting the 12 million … and we’re going to move to a market-level approach.” Bruce Leichtman, president and principal analyst of Leichtman Research Group (LRG), says telcos still face challenges in growing broadband overall, particularly as the number of copper subscribers dwindles. He points out that Lumen has declined four percent and Frontier is down 2.5 percent. Fiber builds have become a function of acquisition and customer retention. “They are putting fiber into the network, but in many cases, fiber is a retention device for existing DSL customers,” he says. Verizon is bucking the trend. It grew 3.9 percent. “Verizon is the most successful, and [it] rolled out fiber in 90 percent of [its] market,” Leichtman says. AT&T bled DSL and non-fiber broadband subscribers. The company lost 20,000 overall broadband connections in the fourth quarter, widening from 2,000 in the same period in the previous year. It shed 272,000 non-fiber connections (U-verse) and 315,000 DSL connections in the fourth quarter. “AT&T is improving because [it is] not losing as many copper subscribers as [it] used to,” Leichtman says, adding that “fiber makes telcos a more viable competitor to cable despite these issues.” TIER-2S, COMPETITORS PUSH FIBER Service providers in the Tier-2 telco and competitor camp are no less aggressive with their FTTH buildout strategies. Frontier led the pack, adding 185,000 new fiber locations during the third quarter, passing 450,000 homes with fiber. It added 29,000 new FTTH subscribers in the third quarter. During the first wave of its fiber build, Frontier will pass more than 600,000 locations to bring its total fiber footprint to about 4 million homes. During the second wave of its fiber build, which will start in 2022 and end in 2025, Frontier will add another 6 million fiber-enabled locations. The telco is planning to launch a 2 Gbps product in 2022. Nick Jeffery, CEO of Frontier, said that because Frontier wants to be seen as an aggressive fiber provider, establishing a 2 Gbps service will attract more significant bandwidth customers. He also thinks the 2 Gbps offering will push the company’s average revenue per user higher. Scott Beasley, CFO of Frontier, told investors during the BofA Securities 2021 Leveraged Finance Conference that fiber broadband additions come from three sources: existing customers migrating from DSL, other competitors, and greenfield builds. “With the continued acceleration of our build, we expect the continued acceleration of our fiber net adds,” he said. “We went from 12,000 to almost 30,000 subscribers in the third quarter.” Likewise, fellow Tier-2 telco Consolidated Communications progressed with FTTH, updating 97,000 fiber locations with 1 Gbps– capable service and completing 219,00 upgrades to get to 300,000 subscribers. “These network upgrades depict the first phase of our transformation,” said Bob Udell, president and CEO of Consolidated, during the third- quarter earnings call. “Our five- year plan is to upgrade 1.6 million, or [more than] 70 percent, of our total locations passed by the end of 2025.” Northern New England is a big focus of Consolidated’s fiber upgrade plan. It plans to pass 1 million sites there by 2025. Udell said New England’s fiber density makes it easier to rein in costs. “We have a tremendous cost advantage, especially in New England, where approximately 80 percent of our fiber is near our existing fiber backbone facilities,” he said. “We are also leveraging our diverse footprint of suburban and rural markets, with additional fiber-to-the-premises builds in Texas, California, Minnesota, Illinois and Pennsylvania.” Subscribers are finding utility with Consolidated’s 1 Gbps product – the company increased fiber subscribers by more than 20 percent. To appeal to more customers, Consolidated unveiled its Fidium Fiber brand. Initially rolling out in select markets in northern New England, Fidium offers symmetrical, gigabit internet with no data caps for $70 a month. Bob Udell The top priority for the three largest Tier- 1 telcos – AT&T, Verizon and Lumen – is to deepen fiber penetration. Tier-2 telcos also are pursuing aggressive fiber strategies. Maxine Moreau ATTACHMENT E - Fiber Will Dominate Article JANUARY/FEBRUARY 2022 | www.broadbandcommunities.com | BROADBAND COMMUNITIES | 31 “We’re accelerating our fiber builds, extending fiber to more than 70 percent of our addressable locations, and I think we’ll exceed that. We’re leveraging that fiber to grow broadband revenue across three customer groups, giving us three chances to win, and we’re redefining the broadband experience with new, friendly ways to serve our customers under a new brand,” Udell said. Meanwhile, Shentel, Lumos Networks and Windstream progress with FTTH. Shentel’s Glo Fiber division works with communities throughout Virginia and Maryland. In 2021, Shentel secured 17 new franchise agreements, passing 160,000 homes for a total of 304,000 homes passed with franchise approvals. Chris French, president and CEO of Shentel, said communities welcome Glo Fiber as a competitor. “Our 10G XGS-PON SHOWS POTENTIAL, BUT CHALLENGES REMAIN As service providers look to push FTTH speeds beyond 1 Gbps for businesses and consumers, use of XGS-PON 10 Gbps symmetrical capable OLT ports (including combo cards and SFP modules) is on the rise. A combo PON allows a service provider to decide when to turn on a multi-gig solution. Research firms Dell’Oro and Broadbandtrends indicate service providers are migrating to XGS-PON. Dell’Oro estimates about 50 percent of the OLT ports providers are deploying are for XGS-PON 10 Gbps line rates, and the rest are for traditional 1 Gbps GPON. Jeff Heynen, vice president of broadband and home networks at Dell’Oro, says, “Operators that have deployed combo cards plan to begin migrating to full XGS-PON within 12–18 months, depending on take rates and competitive response.” In its Global Service Provider 10G PON Deployment Strategies survey analyzing perspectives from 48 incumbent and competitive operators, Broadbandtrends discovered that that interest in deploying 10G XGS-PON is rising. Teresa Mastrangelo, founder of and principal analyst at Broadbandtrends, said the technology provides “fast, reliable and sustainable broadband connectivity.” The survey also revealed the declining interest in NG‐PON2 as the 10G PON technology, with a large majority focused on XGS‐PON. Heynen cautions some challenges to remain in transitioning to 10G PON. “One of the hurdles to full XGS-PON deployments right now are limits on the number of ONTs available, due to supply-chain constraints, as well as the tremendous demand from operators for those units,” he says. Mastrangelo agreed that the “migration of the existing network to the new network as well as costs continues to be top concerns of operators.” ATTACHMENT E - Fiber Will Dominate Article INDUSTRY ANALYSIS 32 | BROADBAND COMMUNITIES | www.broadbandcommunities.com | JANUARY/FEBRUARY 2022 government relations team continues to get a warm embrace by municipalities looking to offer a choice of broadband providers for their local residences and businesses,” French said. “We have an attractive funnel of additional markets that met our investment criteria, which will lead to franchise agreements in the coming quarters.” With 17,000 new passings added in the third quarter, Shentel now passes 296,000 locations. The provider has settled on an aggressive broadband rollout that includes cable and hybrid fiber coaxial (HFC) cable, with a target of 730,000 broadband passings by 2026. Shentel upgraded its Glo Fiber buildout projection target from 300,000 to 450,000 available addresses by 2026. “Over the next five years, we plan to invest more than $500 million building fiber to the home and connecting customers, including unserved homes,” French said. Neighboring telco Lumos is also working closely with the communities where it has a presence, such as Botetourt County in Virginia. Lumos received funding for universal broadband coverage for homes and businesses from the Virginia Telecommunications Initiative (VATI) grant, which will allow the company to serve approximately 1,500 addresses. Earlier, Lumos announced that more than 12,000 homes and businesses across five communities will get FTTH by the end of 2022. “Our ambition is to bring gig-speed fiber internet to as many communities as possible across Virginia and beyond,” Lumos CEO Diego Anderson said. Like Lumos and Shentel, Windstream partners with states and communities to expand FTTH into rural areas, such as Laurel County, Kentucky. Windstream announced it would provide fiber-based broadband to more than 8,980 residents there. The project will connect 6,640 customers in London and about 2,340 customers in the East Bernstadt area. Windstream Kinetic Internet added 55,000 broadband subscribers in 2021 and delivered its 15th consecutive quarter of consumer broadband growth. Kinetic also extended its gigabit services by 523,000 locations and now reaches 1.1 million sites, or 20 percent, of its footprint. FIBER ENHANCES REAL ESTATE VALUES Residential and commercial real estate values can be enhanced by installing fiber into a community. According to recent RVA LLC research, fiber-based broadband continues to add value to real estate transactions. Fiber-based broadband can increase the value of multiple-dwelling-unit condominiums by 3.4 percent, apartment prices by 8.1 percent, and single-family homes by 3.6 percent. The presence of fiber can also drive up the value of commercial real-estate prices. RVA estimates that office rental space that includes fiber leases for 7.6 percent more. ATTACHMENT E - Fiber Will Dominate Article JANUARY/FEBRUARY 2022 | www.broadbandcommunities.com | BROADBAND COMMUNITIES | 33 “When we announced our aggressive $2 billion investment in fiber deployment, we knew our customers both wanted and needed this technology,” said Jeff Small, president of Kinetic. “Our network investments, supported by our best-of-breed customer service, are driving strong customer growth.” CABLE RETURNS TO PRE- PANDEMIC GROWTH After several quarters of unprecedented growth, it’s clear the cable industry is returning to a slower growth rate. The two largest U.S. cable operators – Charter and Comcast – added more broadband subscribers during the fourth quarter, but it was far from the peaks during the COVID-19 pandemic. Charter added about 190,000 broadband subscribers in the fourth quarter of 2021, falling below an expected 224,000 gain. For the year, Charter said it added about 2.2 million broadband customers in 2021, nearly double the 1.4 million it added in 2019. During the UBS Global TMT Conference in December, Tom Rutledge, CEO of Charter, told investors that growth is getting back to pre-pandemic levels, adding that the past two years have been disruptive for Charter and the industry. “We’re getting back on the plan in ’22 in terms of growing the business and growing the kinds of product sets we want to deploy,” he said. “The biggest growth opportunity, the biggest growth driver going forward starting in ’22, is mobile.” Comcast added 212,000 broadband customers in the fourth quarter and benefitted from what it said was the highest level of customer retention. Brian Roberts, CEO of Comcast, told investors during its fourth-quarter earnings call that though broadband adds were lower than in earlier periods, the cable MSO kept churn in check. “Our net adds this quarter reflect the continuation of lower overall marketplace activity, particularly move activity compared [with] historical trends,” he said. “While this resulted in lower connect volumes, it also contributed to high levels of customer retention with broadband churn improving to the lowest rate for any fourth quarter on record.” However, Roberts added, the company has plenty of opportunities to acquire more broadband subscribers. “We think we have a long runway for growth,” he said. “We still believe with about 50 percent penetration in our footprint, it leaves us with the long part of the field to keep going.” As the large, Tier-1 cable operators experienced the return to normal subscriber addition patterns, regional operators went through transitions of their own. Regional operators Mediacom, Cable One and WOW! saw varying results during the third quarter. Mediacom ended the third quarter with 1.46 million broadband customers but lost 2,000 subscribers in the third quarter. Cable One, which enhanced its footprint by acquiring Hargray, Cable Net America and ValueNet Fiber, reported that data revenues rose to $220 million. About 110,000 residential data primary service units (PSUs) were acquired in the Hargray deal. WOW!, which continues to emphasize its “broadband-first” strategy, ended the third quarter with 509,500 internet customers, up from 496,600 in the same quarter of last year. At the RBC Global Technology, Internet, Media, and Telecom Conference, Teresa Elder, CEO of WOW!, said that 2020 was an anomaly. “As people moved to work and school from home, it created a high point in terms of net adds across the industry,” she said. “We still think that 2019 was a better benchmark for 2021, and we saw some softness in the third quarter.” BROADBAND MATURATION POINT Though broadband additions rose sharply in 2020 – particularly in the cable industry – this trend is leveling off. During the third quarter of 2021, the broadband industry added only about 630,000 subscribers. According to LRG, this number was far lower than the gain of about 1.52 million subscribers in the third quarter of 2020. The research firm said the results were in line with the third quarter 2019 and third quarter 2018, when the industry added 615,000 and 600,000 subscribers, respectively. Nearly 90 percent of all households are now able to get broadband, a sign that markets are well penetrated. “When you look at any service that’s in 87 percent of all households, that’s the sign of a mature business,” says Bruce Leichtman. “With that level of maturity comes the benefits but also the challenges for future growth.” He adds 2020 was an anomaly, and now Wall Street is penalizing these large operators. “People forgot that 2020 was an aberration that pulled forward a lot of customers into many things, with broadband being one of them,” Leichtman says. “Oddly, some of these companies are being punished by Wall Street for not growing at the aberrational level of 2020.” Heynen agreed that cable’s low- speed DSL acquisition is over. “The Q3 and Q4 cable net add numbers will Tom Rutledge Brian Roberts Nearly 90 percent of all U.S. households are now able to get broadband, a sign that markets are well penetrated. ATTACHMENT E - Fiber Will Dominate Article INDUSTRY ANALYSIS 34 | BROADBAND COMMUNITIES | www.broadbandcommunities.com | JANUARY/FEBRUARY 2022 show that that the addressable market has been just about fully tapped,” he says. “That situation, combined with increased fiber and fixed wireless competition, is going to make it challenging for cable operators to continue to add new subscribers at the rates they have become accustomed to.” CABLE UNFAZED BY FIBER THREAT The largest telcos have been aggressively rolling out FTTH services in their territories, but the most significant cable MSOs – Charter and Comcast – remain unfazed. Cable operators are moving forward with expanding DOCSIS 3.1 and testing DOCSIS 4.0 to further the lives of their cable plants. The cable industry is also pursuing an initiative to offer 10 Gbps symmetrical services. Charter has allocated about $1 billion this year to fund various rural construction projects, including unserved areas that will benefit from the operator’s awards during the Rural Digital Opportunity Fund (RDOF) auction. The company also plans to use the $7.1 billion to $7.3 billion tagged for cable capex in 2022 to support high- split upgrades on existing DOCSIS 3.1 networks to increase upstream capacity. Rutledge said Charter is developing a roadmap for DOCSIS 4.0, a new technology that will enable its existing HFC plant to support multi-gig symmetrical speeds. The MSO recently conducted DOCSIS 4.0 lab trials that delivered 8/6 Gbps speeds. Rutledge said Charter has plenty of running room. “There’s plenty of competition that’s continuing to grow, but even [in cases in which] someone builds a similar infrastructure to us, we’re still growing market share and our business everywhere we operate,” Rutledge said. Michael Cavanagh, CFO of Comcast, said that he looks to “a constantly evolving playbook” to respond to emerging fiber broadband providers. “We’re growing penetration where we compete against both fiber and non-fiber,” he said. Regional cable operator WOW! asserts that customers want options. “Our HFC network, which has fiber deep into the network, can meet customer needs today and in the future with DOCSIS 4.0,” Elder said. “We can offer 1 Gbps speeds and are testing 10 Gbps in the lab.” Heynen says that though cable has had the upper hand with speed over copper-based DSL, fiber competition drives some cable operators to put in more fiber in areas with greater competition. “We have already seen a decent number of Tier-2 and Tier-3 operators in North America opt for the complete replacement of their HFC networks with full fiber,” he said. “Though we certainly don’t expect to see a wholesale cutover among any Tier-1 cable operators, we believe this year will see an increase in fiber overbuilding in some of the more competitive markets to maintain the perception of parity with fiber competitors.” REGIONAL CABLE FIBERIZES Tier-1 cable companies may be more cautious about changing their widely deployed HFC assets to all fiber, but several regional operators are moving on the fiber opportunity. For instance, ADTRAN, which has relationships with regional and Tier-1 cable operators, is seeing more regional cable operators migrate to FTTH. “Except for the large cable MSOs that are sweating their HFC assets, cable MSOs have made a choice when they go into a greenfield market or are protecting their existing customer base: They are deciding to put in fiber,” BROADBAND, SMART TECHNOLOGY ADD MDU VALUE, BUT SPEEDS LAG As the COVID-19 crisis took hold in 2020, multifamily property owners immediately saw a rise in teleworking, online learning and emerging innovative home technology that required faster broadband. In its multi- dwelling unit survey, The Way of the Future for Multifamily Housing: High- speed Internet and Smart Technology, XFINITY found that 92 percent of property owners and managers “believe” they are meeting their tenants’ internet requirements. Although more than eight in 10 respondents agree that internet speeds met resident expectations, only three in 10 said their properties have an internet speed of 500 Mbps or more. Only 86 percent of respondents said the internet speeds available at their property or properties met resident expectations. Survey respondents reported the average internet speed available at their properties: •Less than 50 Mbps: 4 percent •50–249 Mbps: 17 percent •250–499 Mbps: 44 percent •500–999 Mbps: 25 percent •1 Gbps or more: 6 percent Residents expect always-on internet connections, and XFINITY says internet quality of experience can “break the residential experience.” Resident complaints about Wi-Fi performance have become commonplace. Broadband is also a foundation for innovative home technology. More than nine in 10 survey participants (93 percent) say adoption is essential to keeping current residents satisfied and attracting new residents, up from four in five (78 percent) in 2019. ATTACHMENT E - Fiber Will Dominate Article JANUARY/FEBRUARY 2022 | www.broadbandcommunities.com | BROADBAND COMMUNITIES | 35 says Kurt Raaflaub, head of strategic solutions marketing for ADTRAN. “They looked at the cost per home and realized fiber networks do not cost a lot to maintain like coax.” After completing the acquisition of WOW!’s Cleveland and Columbus, Ohio, cable assets, Atlantic Broadband announced plans to invest $82 million to extend its reach to 70,000 homes and businesses via FTTH in New Hampshire and West Virginia. The first customer activations are expected in early 2022. Cable One, now known as Sparklight, is also making moves into FTTH. Following its purchase of Hargray Communications in 2020, the cable MSO created Clearwave Fiber. Executive Chairman Michael Gottdenker and CEO David Armistead, both from Hargray, will lead Clearwave. “This strategic investment will help accelerate the deployment of fiber-based broadband services to a range of markets, including underserved areas of the country,” said Gottdenker. WOW! will leverage its HFC network to address current customer needs, but Elder indicated it would conduct targeted FTTH builds. “We already have some FTTH in some of our planned communities,” Elder said. “When we think about greenfield, we’ll look at FTTH, but the good news is we don’t need to overbuild our network to be competitive.” v Sean Buckley is the editor-in-chief of BroadBand Communities. He can be reached at sean@bbcmag. com. Though cable has had the upper hand with speed over copper-based DSL, fiber competition drives some cable operators to put in more fiber in areas with greater competition. ATTACHMENT E - Fiber Will Dominate Article 970-748-4065 ddempsey@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Danita Dempsey, Culture, Arts & Special Events Manager RE: CASE Committee Joint Work Session – 2022 Recap & 2023 Proposed Budget DATE: October 20, 2022 SUMMARY: The 2022 Special Events season returned in full force with our signature events and series experiencing an increase in attendance and brand recognition, and all events were executed well. This report highlights the 2022 special event biggest achievements and recaps the 2022 special event season. Additionally, this report provides a year-over-year comparison of the special event staff hours required to execute the corresponding special event calendar and supporting adopted and/or proposed budgets between 2019 and 2023. Furthermore, Staff is requesting direction on (1) winter fireworks in 2023 and (2) fireworks in 2023 and future years at Salute to the USA and (3) the desire for winter activations and/or events and timelines. BACKGROUND: In step with, and supported by policy direction from Town Council, Staff has worked diligently the past four years to (1) extend events into the shoulder seasons and (2) develop arts and culture programs and experiences with the goal of “…creating a full, vibrant calendar of events which support the community and tourism; and presents a fantastic opportunity to elevate our name, gain exposure and remain competitive amongst our peer communities.” The strategy for 2022 was a status-quo approach and to not produce and/or host any new events however, being opportunistic is also part of our strategy. To that end, we were able to add the (1) Ultimate Après Avon, (2) XTERRA USA Championships, and (3) soft-launch the Heart & Soul Festival all with contingency funds and/or savings in the Adopted 2022 Budget as well as extend our seasons into spring and early fall. BIG ACHIEVEMENTS: 1. Full, Vibrant & Community Centric Calendar - We successfully executed events on 87 days this summer! Including, launching new event brands such as Ultimate Après Avon, XTERRA USA Nationals Festival, SunsetSUP, soft-launched the Heart & Soul Festival and grew the Art Around Avon temporary installation program 111%. All of which fit the Avon community, represent the brand well, and are designed to grow into solid “signature” events uniquely recognized and associated with the Town. Out of the 154 days between the Friday of Memorial Day Weekend and the end of October there were 87 days activated with a special event (live music, art or beer festival, Town clean up, movies, etc.). There were days where there were two or even three activations taking place, such as Fridays with SunsetSUP and Lakeside Cinema, Saturdays with Avon Arts Celebration and Pop-Up Music, and Labor Day Weekend Paddle Battles and the SunsetLIVE! These days as well as the Private Pavilion Rental days are identified as “staff interactions.” The purpose of this is to not count the event days twice yet identify there is still a need for pre-event planning, administrative contracting and management, and on-site staffing. Table 1 below summarizes the number of event days by category defined as: Page 2 of 18 a. Town Produced – Egg Hunt, Town Clean Up, AvonLIVE!, SunsetLIVE!, Salute to the USA, Pop Up Music, SunsetSUP, Community Picnic, Lakeside Cinema, Paddle Battles, Summer’s End Concert and Heart & Soul Festival. b. Third Party Funded – Cash, in-kind personnel and event assets provided to producers and executed through contract. These include Ultimate Après Avon, Pride in the Park, XTERRA USA Championships, Avon Arts Celebration, Vail Lacrosse Tournament, Dancing in the Park, Circus Colorado, Vail Valley Brew-Au’, and Man of the Cliff. c. Non-Funded Special Events – No cash, and in general no in-kind services or event assets provided to producers and executed through Special Event Permit process. d. Private Pavilion Rentals – No cash, in-kind or event assets provided and executed through Private Rental Agreement. Table 1 Town Produced Events/Series: 12 Town Produced Event Days: 53 Town Operated Concession Days: 13 Third Party Funded Producers: 9 Third Party Funded Produced Event Days: 19 Non-Funded Special Event Permits: 9 Non-Funded Special Event Days: 55 Private Pavilion Rentals: 13 Private Rental Days: 15 2. Alcohol Concessions: 2021 was the first and “pilot year” for the undertaking of alcohol concessions using the Town’s Optional Premises Liquor License. Our goals for 2022 were to (1) increase revenues and (2) identify opportunities for efficiencies, we succeeded in both. a. Revenue – The gross revenue increased by 10.76% to $65,093.60 up from $58,768.22 in 2021. i. This year AvonLIVE! was not impacted by undesirable weather as much as last year, thankfully. The increase of 10.76% is directly attributed to AvonLIVE! which is up from $16,865 to $30,637.60 representing an 83% increase. ii. Although there were no fireworks at Salute to the USA, the event performed well and realized a 47% increase in volume (units sold). Salute to the USA gross revenue was flat even though volume was up. iii. Summer’s End was negatively affected with intense heat and low-energy performances on stage which translated to lower alcohol sales. Summer’s End gross revenue decreased by 62.6%. iv. Heart & Soul Festival soft-launch was a bonus even though sales were lower than desired. Heart & Soul Festival gross revenue is $3,926. v. As directed, AvonLIVE! Special Edition was removed from the calendar. vi. As directed, we did not sell alcohol at SunsetLIVE! Page 3 of 18 a. Expense – There is a 24.33% expense reduction between cost of goods and equipment rentals and shipping and 4% reduction in credit card fees. i. Through a relationship Staff was able to secure point of sale hardware at zero cost to the Town which eliminated the equipment rental and shipping fees thus creating savings of approximately $4,000; however, this may not be a viable option longer term and remains in the 2023 Proposed Budget. ii. Additionally, Staff changed the web-based point of sale software to a less expensive platform resulting in a small savings of $77.10 in credit card fees, representing a 4% decrease. iii. Furthermore, Staff secured donated sparkling water through Waterloo and there was enough still water inventory from 2021 that we did not need to purchase still water this year. This resulted in a savings of $2,130. b. Net - The net revenue of Town operated concessions this year is $29,471.78 representing a cost of goods of 51.32%, down from 75.47% in 2021. A full summary on all revenue and associated expenses are provided in ATTACHMENT A with an event-by-event accounting provided and attached as ATTACHMENT B. It is important to note the staffing costs reflected in ATTACHMENT A are not tracked event-by-event. The CASE Committee recommends continuing with Town operated concessions at AvonLIVE!, Salute to the USA, Summer’s End, and the Heart & Soul Festival in 2023. And recommends increasing prices specifically at Salute to the USA due to nearly half (46%) of those in attendance reported staying in accommodations other than a primary residence in Avon. 3. Sustainability – In 2021, we created a strategic policy to ban any single-use plastic at events which was impactful. In 2022, we more closely collaborated with our third-party producers to ensure the Towns sustainability policies including diversion reporting, were implemented. In 2023, Staff will revisit the policy and adjust where needed such as allowing our guest to bring in single- use plastic bottles which end up in the recycle bins. However, we will continue not allowing vendors to sell products in single use vessels. Additionally, working alongside the Town’s Sustainability Coordinator to further identify areas of improvement. a. The Town and third party produced events realized an average diversion rate of 79.49%. There were 3,046 lbs. of waste composted and 3,094 lbs. recycled with a total weight of 6,140 lbs. diverted away from the landfill. A year-over-year event-by-event Landfill Diversion Report breakdown between 2017 through 2022 is provided in ATTACHMENT C. b. This was accomplished by working with Walking Mountains Science Center to educate guests, staff, and volunteers; and on-site sorting and post-event reporting and restricting vessels and service ware at bar and vendor concessions to only those products which are compliant with our policy. 4. Art in Avon – In 2021, we effectively launched the Art Around Avon rotating art program with nine (9) temporary sculptures located in the Town core. The 2022 – 2023 Art Around Avon program includes the same nine (9) locations as in 2021, twelve (12) locations on Hoffman Commercial Properties property and four (4) locations on W. Benchmark Road. This year there were 40 Page 4 of 18 complete application pieces by 19 artists. Through the Jury process 19 sculptures were selected for installation created by 11 different artists growing the program 111% in one year! For the 2023 program, staff is planning to release the Artist Call Out in December 2022 with a desire to fill all pedestal locations. However, through the last two years of developing this program we believe there is a possibility we will not have enough qualified and complete applications to fill all pedestals, although releasing the Artist Call Out early will increase our chances. Additionally, in an (1) effort to reduce program costs and (2) allow for more time for our community and visitors to enjoy the sculptures and (3) attempt to increase artist attendance during the Art Walk and (4) to secure a sculpture which is more appropriate to scale needed at roundabout four on Avon Road; Staff is proposing the following: a. Sculptures stay on exhibition for a two-year period. b. Try to deinstall and install over a two-to-three-day period instead of over a two-week period. c. Host installing artist overnight and provide a catered meal to encourage attendance during the Art Walk. d. Remove roundabout four from the Artist Call Out and develop one specific to this location. 5. Volunteer Program – Staff was successful in growing the Volunteer Program this year to twenty (20) amazing individuals who assisted on 33 event days and provided approximately 660 hours of service to the Special Event programs! 2022 SPECIAL EVENTS RECAP: The type and frequency of activation produced in 2021 and 2022 is the right blend for the local community and enhances visitor experience. We were successful in reinstating the one (1) full time year-round Special Events Coordinator however, we were not successful in adding one (1) full time year-round shared Operator 1+ identified in the 2022 Adopted Budget. Through the 2023 Proposed Budget process, Staff is recommending the addition of one (1) full time Special Event Production Assistant. If successful in securing the budget and hiring this position, Staff recommends continuing with relatively the same type and frequency of activation as produced in 2022 with few exceptions which are outlined later in this report. Securing a full time Special Event Production Assistant will (1) allow time to focus on benchmarking and peer community research ensuring we are staying on top of trends, (2) long term CASE strategic planning (3) new brand development for art/cultural activations, temporary and/or permanent art installations, further develop Heart & Soul Festival, and develop new events brands like Battle of the Bands, Best of the West and (4) continue to find efficiencies in budgets, operational protocols, etc. (5) and be more proactive, forward thinking in our approach. With the aforementioned staffing addition, the calendar is sustainable in the 2-3 year near term, and we are positioned to further develop Heart & Soul Festival budget and brand, add new event brands such as Battle of the Bands and/or Best of the West. 1. Staffing - The special event season went smoothly this year considering the sheer volume of events and the vacancy of the Operator 1+. a. In calendar year 2019 and until mid-June 2020, we had a full-time year-round Special Event Coordinator. Due to the uncertainties of COVID-19 related restrictions, the decision was made to not continue with a full-time year-round position and instead include two (2) Page 5 of 18 full-time seasonal (PTS) staff mid-April through mid-October in the 2021 Approved April Amendment. However, we experienced limited success in our hiring efforts and, we hired one (1) full-time seasonal (PTS) position beginning May 29th through September 22nd, 2021. b. In 2022, in addition to the reinstatement of a full time Special Event Coordinator, we had one (1) full time Operator 1+ position split equally between Special Events and Public Operations. It proved difficult at best to find a candidate whose desire, skill set, and schedule supported the needs of the Town. c. Furthermore, a year over year staff hours increase 2019 through proposed 2023 analysis yields an overall increase of 188% without art and a 342% increase with art programs. This is illustrated below and a year over year detailed analysis provided in ATTACHMENTS D THROUGH G. 2. Exceptions – As mentioned earlier in this report, there are a few exceptions to the 2023 calendar vs. the 2022 calendar which include the potential addition of Triple Bypass and Battle of the Bands and the removal of one Avon Art Celebration weekend, Town Clean Up, and Pop- Up Music all outlined below. a. Triple Bypass – After receiving direction from Town Council, Staff contacted Team Evergreen who produces the Triple Bypass to begin negotiations regarding the potential return of Triple Bypass finish celebration being held in the Town. As of the writing of this report Staff does not have a definitive answer. b. Battle of the Bands – This event is still in the early stages of development and includes four (4) Eagle County bands battling for bragging rights to “Eagle Counties Best Band”. The event requires minimal sound and stage production, creative materials created in YEARS % OF CHANGE 2019 Approved Final 274 2020 Approved Final 435 2019 VS 2020 58.75% 2021 Approved Final 486 11.72% With Art 1126 2020 VS 2021 158.85% Adopted 2022: April 27, 2022 780 60.69% With Art 1380 2021 VS 2022 22.55% Proposed 2023 790 3.84% With Art 1210 2022 VS 2023 -10.87% % INCREASE IN STAFF HOURS WITHOUT ART 2019 VS 2023 PROPOSED = 188.32% % INCREASE IN STAFF HOUR WITH ART 2019 VS 2023 PROPOSED = 341.69% YEAR OVER YEAR STAFF HOURS COMPARISON: 2019 THROUGH 2023 EVENT STAFF DAY OF HOURS Page 6 of 18 house and may include food and beverage concessions. Furthermore, it could potentially be used as a soft launch for Best of the West. c. Avon Arts Celebration – After reviewing the sales tax report generation attributed to the Avon Arts Celebration from 2022 ($8,567) and comparing to 2021 ($8,079), the producer and Staff agree that hosting two weekends is not financially beneficial to either party and therefore, is being hosted on the last weekend in July only. d. Town Clean Up – Public Operations continues to do an amazing job cleaning up in the spring! And Staff received feedback from volunteers at the Town Clean Up the past two years “that there was not much to do” and “pulling weeds is not what they came for”. Therefore, Staff recommends putting these funds ($2,100) towards other event brands. e. Pop Up Music – Staff believes we have seen overtime with the Après Avon winter series, Weekly Art Expo and Pop-Up Music, that until there is more organic traffic in the Main Street Mall through business activity, restaurants, accommodations and the like, events are not the right mechanism to try and drive traffic. In most cases, the passersby do not linger to enjoy the solo or duo artist. And on Saturdays between 12:00 p.m. and 2:00 p.m. the foot traffic is very limited. Therefore, Staff recommends putting these funds ($8,800) towards other event brands. f. Winter Fireworks – At the October 20th, 2022, CASE Committee Meeting Staff requested recommendations on the following: “The CASE Committee is requested to provide recommendations regarding (1) planning for fireworks at Salute to the USA in 2023 and future years (2) if the recommendation is to plan for fireworks each year at Salute to the USA, does the Town plan for a “traditional” program (up to 4” in shell size) or a low-level (up to 2” shell size) shorter program (3) if the recommendation is to plan for fireworks each year at Salute to the USA, and fireworks are cancelled due to weather related conditions (fire fuels, weather patterns, etc.) should the Town plan to launch the purchased fireworks the following winter (December – February) and (4) regardless of fireworks related to Salute to the USA, should the Town plan for winter fireworks in 2023 or future years?” The CASE Committee Packet Materials 10.20.22 is provided as ATTACHMENT H. After reviewing and discussing the materials, the Committee realized the relatively low savings ($21,848 to $23,170) with a traditional program versus a low-level program. Therefore, the outcome of the meeting is a recommendation from CASE to (1) always include a “traditional” fireworks program at Salute to the USA and (2) plan to launch the fireworks in the winter whenever they are cancelled for Salute to the USA and (3) create an event in January or February 2023 and over a holiday weekend, to launch the fireworks from the cancellation of Salute to the USA this year; and add activities such as ice carving, live music, food and beverage, etc. and (4) develop a winter 2024 or later depending on when the East Nottingham restrooms are complete, program which includes fireworks and takes place regardless if fireworks are launched at Salute to the USA. Page 7 of 18 In 2021, the CASE Committee recommended foregoing a fireworks display/event in January 2022 and instead design, develop and budget for a new and impactful event brand in the winter of 2023 or 2024. i. For context, Avon produced “Fire & Ice” in January of 2013 and “January in July” on January 25th, 2019, due to the need to use purchased fireworks prior to February of that year. Both events included additional elements such as ice sculpture competitions, free food and beverage, live music, chili cook off, etc. ii. In 2021, the Town entered into a contract with Western Enterprises on June 11th for pyrotechnic production which outlines the use of the fireworks by no later than February 24 of the following year, and with payment due 15 days after the date of the display. iii. Since we have not had the display, we have not remitted funds equaling $45,000. If the Town wishes to cancel the display the fee assessed is 30% of the cost of the display equaling $13,500. In 2021, the Town paid the cancellation fee of $13,500. iv. We are working on ways to decrease the projected cost of a fireworks display/event in winter such as (1) reduce the program length to somewhere between eight (8) and twelve (12) minutes (2) reduce mortar size using only low level barrages (1.5 to 2”) which require less fall out area (3) remove the choreographed sound track (4) remove the sound projection around the venue (5) remove the chain link fencing around the lower display site; and, (6) research if barricade (shorter height) fencing can work on the lower display site. 3. Egg Hunt – The Egg Hunt is a community tradition in Avon after a two-year absence, returned and was well received. The Egg Hunt is held on the Saturday of the Easter Holiday Weekend (April 16th) between the hours of 10:00 a.m. and 12:00 p.m. 4. SunsetLIVE! – There were approximately 2,092 in attendance this year compared to 2,778 in in 2021 representing a 24.6% decrease which directly correlates to three (3) SunsetLIVE! events being cancelled (May 29th, August 14th and 21st). Page 8 of 18 5. AvonLIVE! – Typically, the Wednesday before Salute to the USA is skipped due to the proximity and constraint on resources, however, it is included in the 2023 Proposed Budget. There were approximately 9,170 in attendance this year compared to 3,148 in 2021 representing a 191% increase. Attendees were surveyed in-person and via QR code, the highlights from the Intercept Insights Survey are provided below and the full AvonLIVE! the Survey Report is attached as ATTACHMENT I. Based off feedback identified in the Survey, the top three areas for improvement are (1) more food options (2) better drink options and (3) different bands (i.e., bluegrass and cover bands). a. Total completed surveys – 334 | 280 In-person Intercepts | 54 QR Code Completions b. Sample size provides statistical validity with an error rate of 5.3% at a 95% confidence interval c. Estimated attendance – 9,170 d. Estimated revenue generated in the Town of Avon - $876K e. Net Promoter Score – 79 f. Overall Satisfaction Score – 95 g. 60% of the attendees came to Avon, CO specifically for AvonLIVE! h. 61% of the attendees had attended AvonLIVE! in the past i. “Newspaper” and “Word-of-Mouth” were selected most when asked, “How did you hear about, and/or where did you see advertising for AvonLIVE!?” j. 85% of the attendees staying in paid lodging stayed in Avon, CO k. 89% are “Very” or “Extremely Likely” to return in the future l. Average nights stayed in paid lodging in Avon, CO – 5.5 m. Average group size of those lodging in Avon, CO – 4.6 n. Average age of respondents – 47.1 | Average age of children under 18 – 6.9 o. Estimated number of room nights generated in Avon – 1,662 p. Estimated average nightly rate in Avon - $236 6. Lakeside Cinema – This event series was comprised of nine (9) family friendly movies and increased from six (6) in 2021. The feature movies include Sing 2, Moana, Ferdinand, Luca, Rio 2, Encanto, Wall-E, Clifford the Big Red Dog and UP. There were approximately 655 in attendance this year compared to 325 in 2021 representing a 50% increase directly correlating to the increased number of movies. The average attendance this year was 93 and in 2021 the average attendance was 65. Page 9 of 18 7. Salute to the USA Fireworks – For the second consecutive year, the fireworks program during the Town’s signature event, Salute to the USA, were canceled due to fire restrictions and/or wildfire conditions and forecasted outlooks. There were approximately 18,000 in attendance this year compared to 8,300 in 2021 representing a 116% increase. The 2023 Proposed Budget and calendar currently include fireworks display for Salute to the USA. A Salute to the USA Post Event Report was provided to Town Council at the August 23rd, 2022, Avon Town Council Meeting. 8. SunsetSUP – This event was originally planned for one event in mid-August however, due to the addition and collaboration with XTERRA USA Championships, Staff added an event on July 15th. However, due to inclement weather it was cancelled on-site day of. There is room for improvement with this event series related to advanced marketing and promotions to drive awareness however, it is a great fit for our community and utilizes the resources of Nottingham Beach and Lake. 9. Summer’s End Concert – The new event brand launched last year, Summer’s End experienced a decline which Staff believes directly relates to (1) extremely hot weather for our area (2) low-energy performances on stage and (3) the level of talent or name recognition (in 2021 Los Lobos headlined the event) was not enough to draw people away from other local events such as Oktoberfest in Vail. There were approximately 1,167 in attendance this year compared to 2,000 in 2021 representing a 41.6% decrease. The event was held over Labor Day Weekend and comprised of the following: a. Lakeside Cinema – Friday, Sept. 2nd beginning at dusk and featured the movie “UP”. b. Paddle Battle – Sunday, Sept. 4th between 10:30 a.m. and 4:00 p.m. and featured SUP Individual Races Adult categories for cash; Kids categories for prizes; and Team SUP Squatch Races and Cardboard Regatta for bragging rights. There were 61 participants registered this year and approximately 175 attendees, compared to 58 participants registered and approximately 300 attendees in 2021. c. SunsetLIVE! – Sunday Sept. 4th between 3:00 p.m. and 7:30 p.m. and featured two (2) bands and an earlier start time of 3:00 p.m. instead of 6:00 p.m. d. Labor Day Concert – Monday, Sept. 5th between 3:00 p.m. and 7:30 p.m. and featured headline talent Big Richard and opening Jeremy Pinnell and Arlo McKinley. Attendees were surveyed in-person and via QR code, the highlights from the Intercept Insights Survey are provided below and the full Summer’s End Survey Report is attached as ATTACHMENT J. Based off feedback identified in the Survey, the top three areas for improvement are (1) better music (2) more shade and (3) not on Monday. a. Total completed surveys – 76 | 56 In-person Intercepts | 20 QR Code Completions Page 10 of 18 b. Es�mated attendance – 1,100 c. Sample size provides statistical validity with an error rate of 10.8% at a 95% confidence interval d. Es�mated revenue generated in the Town of Avon - $76K e. Net Promoter Score – 51 f. Overall Satisfaction Score – 88 g. 72% of the attendees came to Avon, CO specifically for Summer's End h. 62% of the attendees had attended Summer's End in the past i. "Newspaper" and "Word-of-Mouth" were selected most when asked, “How did you hear about, and/or where did you see advertising for Summer's End" j. 83% are “Very” or “Extremely Likely” to return in the future k. Average age of respondents – 48.4 | Average age of children under 18 – 7.4 l. 50% of the attendees staying in paid lodging stayed in Avon, CO (***Caution small sample size) m. Average nights stayed in paid lodging in Avon, CO – 4.2 n. Average group size of those lodging in Avon, CO – 2.4 o. Estimated number of room nights generated in Avon – 11.0 p. Estimated average nightly rate in Avon - $438 (Base partially on the lodging spending from Paddles Battles dues to low sample size of paid lodging guests in Avon) 10. Heart & Soul Festival – As mentioned earlier, Staff was presented with an opportunity to host international reggae artist, Hempress Sativa, who rarely travels to the United States and via Peak Performances, was able to secure not only Hempress Sativa but also Pato Banton & The Now Generation for Saturday, September 17th. And therefore, made the decision to leverage this opportunity to soft launch the Heart & Soul Festival which over time will become a signature single and/or multiday ticketed event. The soft launch provided Staff a mechanism to evaluate concert lighting and video designs such as (1) colorful up lighting of trees along the venue perimeter (2) addition of two video walls (3) moving lights projecting graphics on the up-stage doors and pavers in front of the stage (4) concert style low laser package. Also, Staff tested new digital and print marketing tactics and reach to include (1) JamBase website and digital platform via an email blast to 10,000 recipients with a 200-mile radius from Avon, and three different sizes of website banners between August 22nd and September 11th targeting 70,000 impressions in drive markets (Colorado Springs – Pueblo, Denver, Grand Junction - Montrose) and (2) print and digital campaign with Summit Daily and (3) digital campaign with Aspen Times. This is in addition to tactics Staff utilized for all other events such as Vail Daily print and digital campaigns, Face Book device identification, Bands in Town, event posters, Town social channels, etc. Page 11 of 18 Additionally, attendees were surveyed using a QR code which in addition to the standard demographic questions, included specific open-ended and category option questions to help shape talent, ticket tiers and pricing, and art activations the event in future years. The questions are provided below: 1. What types of music would you like to see at this festival in the future? o Rock o Alternative o Country o Blues o Jazz o Classical o Bluegrass o Indie Rock o Motown o Classic Rock o Pop o Hip-hop o Jam Bands o EDM (Electric Dance Music) o Other (please specify) 2. Please list three bands you would like to see perform at Heart & Soul Festival within the genre you selected above. 3. Ideally, at what price point would you be willing to pay to see two of those bands as part of a full day Heart & Soul Festival at the Avon Pavilion? 4. Would you pay a premium for a VIP ticket that had up front access, VIP area bar, food buffet and restrooms? 5. What activities or art performances would you desire to compliment this music festival in the future? o Areas/structures for photo opportunities o Silk aerialists o Fire performers o Dancers o Live art (painting, drum circles, etc.) o Retail vendors (apparel) o Curated Culinary (specialty foods, craft cocktails, etc.) o Other (please specify) 6. Is there a cause, message, or theme that Heart & Soul Festival could drive awareness to and/or support which fits the Avon community? The highlights from the intercept Insights Survey are provided below and the full Heart & Soul Festival Survey Report is attached as ATTACHMENT K. Based off feedback identified in the Survey, the top three areas for improvement are (1) more vendors (food, art, activities, etc.) (2) different times and breaks between bands and (3) more communication and advertising. a. Total completed surveys – 35 Page 12 of 18 b. Sample size provides statistical validity with an error rate of 16.3% at a 95% confidence interval c. Es�mated attendance – 1,100 d. Es�mated revenue generated in the Town of Avon - $35K e. Net Promoter Score – 44 f. Overall Satisfaction Score – 85 g. 80% of the attendees came to Avon, CO specifically for the event h. “Newspaper” and “Poster” were selected most when asked, “How did you hear about, and/or where did you see advertising for the event?” i. 73% are “Very” or “Extremely Likely” to return in the future j. Average age of respondents – 52.0 | Average age of children under 18 – 3.0 k. Preferred genre of music - Reggae | Rock | Jam Bands l. Preferred Ac�vi�es - Curated Culinary | Interactive Art Experiences m. Festival Pricing - General Admission - $60 | VIP - $160 And, for question number 6 above, the answered received were: a. Accessibility for the outdoors b. Appreciation of working class. c. Be nice to each other d. Community and food e. Diversity and Inclusion, environmental issues f. Domestic violence g. Eagle Country Schools h. Environmental i. Environmental issues j. Inclusion k. Injury prevention l. Kindness m. Love n. N o. Na p. One love q. Togetherness r. Underprivileged youth 11. Proposed 2023 Special Events Calendar – Supplied and attached as ATTACHMENT L, and providing a calendar view of proposed special events, Recreation Department programming such as Open Water Swim, Yoga in the Park, Dunk-n-Dash, etc.; and proposed main athletic field maintenance days. The legend at the top of the calendar provides a visual key as to the type of event (music, arts, athletic, etc.) and assumes the venue is Nottingham Park and/or Lake unless identified in bright pink which indicates the event takes place on the Main Street Mall (MSM). Additionally, there are instances where we have multiple events and/or venues activated at the same time. In which case, there are two or more colors with overlapping triangles of colors. An example of which is June 22nd with the Vail Valley Lacrosse Tournament (athletic = orange), Open Water Swim (yellow triangle = Rec.) It is important to note that this calendar is for internal scheduling purposes and will not be publicly distributed. Page 13 of 18 FINANCIAL CONSIDERATIONS: There is an overall net increase of $258,747.92 representing a 36.4% increase in the proposed 2023 budget over the 2022 Approved April Amendment. Below is a summary with the event-by-event detail provided and attached as ATTACHMENT M. The numbers provided in ATTACHMENT M do not include personnel costs, general operations (cell phones, meeting expense, dues, and memberships, etc.) and capital outlay (computers, furniture, etc.). These increase in expenses are explained later in this report. Furthermore, Table 2 below provides a year-over-year analysis indicating a 53.9% increase in the events budget 2019 vs 2023. And, a year-over-year event-by-event detailed analysis is provided in ATTACHMENTS N THROUGH O. Table 2 Moreover, Table 3 below provides a 2019 to 2022 year-over-year staffing costs analysis indicating an 131% increase. To reiterate what was outlined above, 2019 and 2020 staffing levels were two (2) FTE, 2021 was one (1) FTE and two (2) full-time season (PTS) and 2022 is two (2) FTE. Table 3 Proposed 2023 1,060,895.92$ Proposed 2023 91,868.00$ Proposed 2023 969,027.92$ Adopted 2022: April 27, 2022 783,132.00$ Adopted 2022: April 27, 2022 72,852.00$ Adopted 2022: April 27, 2022 710,280.00$ Difference (277,763.92)$ Difference (19,016.00)$ Difference (258,747.92)$ 2022 VS 2023: GROSS EXPENSE 2022 VS 2023: GROSS REVENUE NET NET YEARS % OF CHANGE 2019 Approved Final 670,465.00$ 2019 Approved Final 40,834.00$ 629,631.00$ 2020 Approved Final 576,636.00$ 2020 Approved Final 144,900.00$ 431,736.00$ 2019 VS 2020 -31.00% 2021 Approved Final 672,860.00$ 2021 Approved Final 89,799.00$ 583,061.00$ 2020 VS 2021 35% Adopted 2022: April 27, 2022 783,132.00$ Adopted 2022: April 27, 2022 72,852.00$ 710,280.00$ 2021 VS 2022 22% Proposed 2023 1,060,895.00$ Proposed 2023 91,868.00$ 969,027.00$ 2022 VS 2023 36% YEAR OVER YEAR PRODUCTION BUDGET COMPARISON: 2019 THROUGH 2023 % NET INCREASE 2019 VS 2023 = 53.90% GROSS EXPENSE GROSS REVENUE Page 14 of 18 1. Expenses - The proposed 2023 budget includes an overall increase in expenses of $277,763.92 due to the following: a. Battle of the Bands – New event addition at a proposed cost of $10,000. b. Best of the West – Begin logo and creative marketing materials development and design such as event posters, social media graphics and/or images, digital promotional banners, etc. This at a proposed cost of $1,800. c. AvonLIVE! - There is an increase to AvonLIVE! of $53,740.92. The most impactful expenses are as follows: i. The expansion of AvonLIVE! to eleven (11) events beginning June 21st and ending on August 30th instead of ten (10). ii. An increase of $33,000 to support talent acquisition and contractual increase in agency/management fee. iii. An increase of $2,200 for sound and $17,600 lighting production enhancements. iv. An increase of $5,300 for an in-person and QR code event survey b. Salute to the USA – There is an increase to Salute to the USA of $35,022. The most impactful expenses are as follows: i. An increase of $11,000 in rentals and crowd control (chain link fencing). ii. An increase of $6,500 for professional security. iii. An increase of $5,000 for overtime wages for both Avon PD and Public Operations. iv. An increase of $4,300 for family friendly activities (face painting, stilt walkers, photo booth, climbing wall, inflatables, etc.) v. An increase of $4,000 for an in-person and QR code event survey. vi. An increase of $3,000 for portable facilities (VIP trailer and restrooms) vii. An increase of $2,100 to for infrastructure costs such as tents, tables, chairs, linens, etc. a. Lakeside Cinema – There is an increase of $2,569 for movie licensing and equipment rental and set-up. YEARS EXPENSE % OF CHANGE 2019 Approved Final $191,984.00 2020 Approved Final $171,627.00 2019 VS 2020 -11% 2021 Approved Final $196,796.00 2020 VS 2021 15% 2022 Adopted $442,742.00 2021 VS 2022 125% YEAR OVER YEAR PERSONNEL COST: 2019 THROUGH 2023 % INCREASE 2019 vs 2023 = 131% Page 15 of 18 b. Summer’s End Concert – There is an increase of $62,320. The most impactful expenses include: i. An increase of $30,000 for headlining talent to help increase attendance. ii. An increase of $11,300 for stage production to support higher level talent. iii. An increase of $7,500 for opening talent. iv. An increase of $3,750 for an in-person and QR code event survey. v. And less impactful increases for medical personnel, advertising, resource recovery, temporary labor, and advertising = $6,118. Once again, we request Council direction on the desire to continue the single day free concert as part of the Summer’s End brand over Labor Day Weekend. During the CASE Committee Town Council Work Session on October 12th, 2021, the CASE Committee recommended, and Town Council agreed to keeping the momentum realized in launching the Summer’s End brand and continuing the concert on Labor Day 2022. At the September 15th, 2022, CASE Committee Meeting, Staff requested a recommendation regarding the Summer’s End Concert. After much discussion regarding talent, time of day, and which day over the Labor Day Weekend was best, the CASE Committee again recommends (1) keeping the single day concert on the Monday of Labor Day Weekend (2) increasing the funds to attract a well branded headlining artist and (3) shifting the hours to later in the day. Pending the 2023 Proposed Budget process and requested funding as recommended by the CASE Committee, Staff believes over time Summer’s End will become an Avon signature event. c. Heart & Soul Festival – There is an increase of $81,859. The most impactful expenses include: vi. An increase of $27,500 for headlining talent to increase attendance and create “fear of missing out.” vii. An increase of $21,000 for two opening acts viii. An increase of $13,946 for stage production to support higher level talent. ix. An increase of $9,380 for marketing, advertising, and promotions x. An increase of $3,900 for art activations and/or activities xi. An increase of $2,500 for third party production consult xii. An increase of $1,200 for talent lodging xiii. An increase of $1,080 for medical To help ensure success in a ticketed model, Staff needs time continue develop financial forecast thoughtfully and accurately, foster relationships with talent agencies, research ticketing platforms and tiered pricing structures, website development, identify promotions and marketing tactics and appropriate timelines to sell tickets, further develop the sound and lighting experiences, gather video and photography, design the venue, etc. The best way to test these systems is through boots on the ground experiences. Page 16 of 18 Overtime, Heart & Soul Festival will become a bookend and namesake multiday festival with attendance in the 7,000 to 10,000 over the course of a weekend. This festival will operate in the black between ticket sales and alcohol sales. ROI is very strong by filling Avon’s accommodations for a long weekend in mid-September as well as creating another “super- retail” weekend for Avon restaurants and businesses. Heart and Soul Festival has national recognition and is a destination event for visitors. Staff has a long list of target bands for this festival which we believe will sell a ticket and are attractive to not only the local, regional, and State but those surroundings States as well. A few bands are listed below: i. Tedeschi Trucks ii. The Derek Trucks Band iii. Lettuce iv. Stephen Marley v. Marcus King Band vi. Umphrey’ Mghee vii. Infamous String Dusters viii. Drive by Truckers ix. Gov’t Mule x. Big Head Todd & The Monsters a. Third-Party Producers – Additionally, the proposed budget reflects providing cash funding to producers that were granted funding in the 2020, 2021 and 2022. We do not believe there is a need to solicit proposed funding request in the Town’s traditional format. Also, included again this year is a contingency balance of $50,000 should Town Staff be presented with a unique opportunity from a third-party producer and/or identify another Town produced event which is desirable. There is a net decrease of $15,000 in cash contributions to third-party producers reduced from $160,000 in 2022 to $145,000 in 2023. i. The Circus Colorado event was cancelled this is year and the $35,000 in funds were utilized for (1) in-person and QR code surveys at AvonLIVE!, Salute to the USA, Paddle Battles and Summer’s End concert and (2) the production of Heart & Soul Festival. The Colorado Circus is not included in the 2023 Proposed Budget. ii. The $50,000 in contingency funds were utilized to support (1) the addition of the Ultimate Après Avon and (2) the production of Heart & Soul Festival. 3. Revenues – Overall there is a projected increase of $19,016 representing 26% increase in proposed revenues which are again conservative. The alcohol sales projection is based on 2022 actuals. The majority of the $91,868 in 2023 proposed budget revenue is generated through alcohol sales representing approximately 75% of the total revenue; and approximately 11% of revenue generated is through sponsorship; and, the remaining 14% in other special event fees and/or rentals. Important to note that if there is not a single-day free concert during Summer’s End, the revenue generated from alcohol sales ($4,500) will be removed from the proposed budget. Page 17 of 18 RECOMMENDATION: Staff believes we had another homerun this year and hit the bullseye with a community focused, full, and diverse calendar of events which utilizes our natural and built resources, was engaging, entertaining and vibrant! And we planned and executed a strategic line up which kept Avon competitive. We recommend advancing the 2023 proposed calendar of arts and special events. Staff recommends not producing a firework display in winter of 2023 and instead working to develop a winter event in the future when staffing resources and budgets allow. And Staff believes that with the right talent on the stage, Summer’s End Concert will experience an increase in attendance and therefore, recommends keeping the single day free concert element as part of the Summer’s End event. Although, Staff would sacrifice Summer’s End Concert to have the opportunity to advance the Heart & Soul Festival REQUESTED DIRECTION: Staff is requesting Council provide direction on any of the information provided in this report and specifically to (1) produce a firework display in January or February 2023 or don’t produce and pay the penalty fee of $13,500 and (2) removing fireworks from Salute to the USA in the 2023. Thank you, Danita ATTACHMENTS: Attachment A – All Concessions Summary & Comparison Attachment B – Event By Event Concessions Summary Attachment C – Yearly Landfill Diversion Report Attachment D – 2019 vs 2020 Special Event Staff Hours Comparison Attachment E – 2020 vs 2021 Special Event Staff Hours Comparison Attachment F – 2021 vs 2022 Special Event Staff Hours Comparison Attachment G – 2022 vs 2023 Special Event Staff Hours Comparison Attachment H – CASE Committee Packet Materials 10.20.2022 Attachment I – AvonLIVE! Events Survey Report Attachment J – Summer’s End Event Survey Report Attachment K – Heart & Soul Festival Survey Report Attachment L – 2023 Draft Special Event Calendar Attachment M – 2022 vs 2023 Budget Comparison Attachment N – 2019 vs 2020 Budget Comparison Attachment O – 2020 vs 2021 Budget Comparison Attachment P – 2021 vs 2022 Budget Comparison Attachment Q – Final Special Event Complete Recap Page 18 of 18 All Events All Events Actual Cash Sales 24,681.00$ Actual Cash Sales 26,991.00$ (2,310.00)$ -8.56% Credit Card Sales 47,562.37$ Credit Card Sales 37,284.14$ 10,278.23$ 27.57% Less Credit Card Tips 7,149.77$ Less Credit Card Tips 5,506.92$ 1,642.85$ 29.83% Total Gross Sales 65,093.60$ Total Gross Sales 58,768.22$ 6,325.38$ 10.76% Avon Sales Tax 4%Avon Sales Tax 4% Less Sales Tax ($)2,503.60$ Less Sales Tax ($)2,260.32$ 243.28$ 10.76% Sales Tax (%)4.40%Sales Tax (%)4.40% Less Sales Tax ($)2,743.41$ Less Sales Tax ($)2,476.82$ 266.59$ 10.76% Tax Adjusted Gross Sales 62,350.19$ Tax Adjusted Gross Sales 56,291.40$ 6,058.79$ 10.76% Less Credit Card Fees ($)1,808.43$ Less Credit Card Fees ($)1,885.53$ (77.10)$ -4.09% Final Adjusted Gross Sales 60,541.76$ Final Adjusted Gross Sales 54,405.87$ 6,135.89$ 11.28% Expenses: Cost of Goods Expenses: Cost of Goods Labor (Bar Manager + Servers)1 8,815.33$ Labor (Bar Manager + Servers)1 13,626.00$ (4,810.67)$ -35.31% Ice 3,348.94$ City Market (Ice)3,349.89$ (0.95)$ -0.03% Open Water (Bottled Water Product)-$ Open Water (Bottled Water Product)2,130.66$ (2,130.66)$ -100.00% Waterloo Sparkling Water -$ New Age Beverage 306.00$ (306.00)$ -100.00% RNDC (Canned Cocktails & Wine)7,486.26$ RNDC (Canned Cocktails & Wine)7,715.00$ (228.74)$ -2.96% Mountain Beverage (Beer)11,419.45$ Mountain Beverage (Beer)8,543.02$ 2,876.43$ 33.67% Cost of Comp Product 1,271.21$ Cost of Comp Product 1,396.51$ (125.30)$ -8.97% Sub-Total Expenses: Cost of Goods 31,069.98$ Sub-Total Expenses: Cost of Goods 37,067.08$ (5,997.10)$ -16.18% Expenses: Equipment Expenses: Equipment Equipment Rental -$ Equipment Rental 2,790.00$ (2,790.00)$ -100% Equipment Shipping -$ Equipment Shipping 1,204.49$ (1,204.49)$ -100% Sub-Total Expenses: Equipment -$ Sub-Total Expenses: Equipment 3,994.49$ (3,994.49)$ -100% Final Adjusted Gross Sales 60,541.76$ Final Adjusted Gross Sales 54,405.87$ 6,135.89$ 11.28% Expenses 31,069.98$ Expenses 41,061.57$ (9,991.59)$ -24.33% Net Revenue 29,471.78$ Net Revenue 13,344.30$ 16,127.48$ 120.86% Percentage of Cost 51.32%Percentage of Cost 75.47%-24% 1 Hourly wage; tips not included ATTACHMENT A Variance % of INCREASE 2021 vs 2022SUMMARY 2022 ALCOHOL CONCONCESSIONS SUMMARY 2021 ALCOHOL CONCONCESSIONS All Events Actual Cash Sales 24,681.00$ Credit Card Sales 47,562.37$ Less Credit Card Tips 7,149.77$ Total Gross Sales 65,093.60$ Avon Sales Tax 4% Less Sales Tax ($)2,503.60$ Sales Tax (%)4.40% Less Sales Tax ($)2,743.41$ Tax Adjusted Gross Sales 62,350.19$ Less Credit Card Fees ($)1,808.43$ Final Adjusted Gross Sales 60,541.76$ Expenses: Cost of Goods Labor (Bar Manager + Servers)1 13,626.00$ Ice 3,348.94$ Open Water (Bottled Water Product)-$ Waterloo Sparkling Water -$ RNDC (Canned Cocktails & Wine)7,486.26$ Mountain Beverage (Beer)11,419.45$ Cost of Comp Product 1,396.51$ Sub-Total Expenses: Cost of Goods 22,254.65$ Expenses: Equipment Equipment Rental -$ Equipment Shipping -$ Sub-Total Expenses: Equipment -$ Final Adjusted Gross Sales 60,541.76$ Expenses 22,254.65$ Net Revenue 38,287.11$ Percentage of Cost 37% 1 Hourly wage; tips not included EXHIBIT XX - SUMMARY 2022 ALCOHOL CONCONCESSIONS AvonLIVE! (10) Salute to the USA Summers End Heart & Soul Festival Actual Cash Sales 11,764.00$ 11,158.00$ $723.00 $1,036.00 Credit Card Sales 22,461.79$ 20,027.14$ $1,676.26 $3,397.18 Less Credit Card Tips 3,588.19$ 2,797.14$ $257.26 $507.18 Total Gross Sales 30,637.60$ 28,388.00$ 2,142.00$ 3,926.00$ Avon Sales Tax 4%4%4%4% Less Sales Tax ($)1,178.37$ 1,091.85$ 82.38$ 151.00$ Sales Tax (%) Eagle County / State 4.40%4.40%4.40%4.40% Less Sales Tax ($)1,291.24$ 1,196.43$ $90.28 $165.46 Tax Adjusted Gross Sales 29,346.36$ 27,191.57$ 2,051.72$ 3,760.54$ Less Credit Card Fees ($)954.84$ 677.04$ $59.59 $116.96 Final Adjusted Gross Sales 28,391.52$ 26,514.53$ 1,992.13$ 3,643.58$ Expenses: Cost of Goods1 Labor (Bar Manager + Servers)4,356.81$ 3,253.32$ 619.00$ 586.20$ Ice 640.94$ 1,588.00$ $840.00 $280.00 RNDC (Canned Cocktails & Wine)3,136.00$ 3,216.98$ $566.64 $566.64 Mountain Beverage (Beer)4,267.55$ 5,579.30$ $1,000.60 $572.00 Sub-Total Expenses: Cost of Goods 12,401.30$ 13,637.60$ 3,026.24$ 2,004.84$ Expenses: Equipment Equipment Rental -$ -$ -$ -$ Equipment Shipping -$ -$ -$ -$ Sub-Total Expenses: Equipment -$ -$ -$ -$ Final Adjusted Gross Sales 28,391.52$ 26,514.53$ 1,992.13$ 3,643.58$ Expenses 12,401.30$ 13,637.60$ 3,026.24$ 2,004.84$ Net Revenue 15,990.22$ 12,876.93$ (1,034.11)$ 1,638.74$ Percentage of Cost 44%51%152%55% 1 Hourly wage; tips not included; does not include comp product EVENT-BY-EVENT 2022 ALCOHOL CONCESSIONS SUMMARY ATTACHMENT B Event 2017 Diversion 2018 Diversion 2019 Diversion 2020 Diversion 2021 Diversion 2022 Diversion Average Diversion by Event Town Produced AvonLIVE Series 94.05%81.66%82.92%83.77%85.11%89.46%86.16% Salute! To the USA 36.12%36.12%59.40%-82.97%66.03%56.13% Summer's End ----84.73%85.33%84.73% Community Picnic --89.00%-89.19%91.07%89.75% Colorado Classic --79.00%---79.00% Third Party XTERRA -----76.54%76.54% Avon Arts Celebration -----52.16%52.16% Ultimate Apres Avon -----90.86%90.86% Pride in the Park -----83.56%83.56% Vail Lacrosse Tournament -----83.50%83.50% Purina Pro Dog Challenge --86.00%---86.00% Brew'Au ----64.23%84.32%74.28% Vail Dance Festival --82.54%-87.50%75.67%81.90% Man of the Cliff 84.59%76.00%77.00%---79.20% Triple By-Pass -88.60%----88.60% Average Diversion by Year 65.09%58.89%68.00%83.77%81.64%79.86%79.49% ATTACHMENTC: Town of Avon Zero Waste Event Annual Diversion Rates 2017-2022 Events Event Hours Hours Per Day/Event Events Event Hours Hours Per Day/Event Permenantem Installations: Art Permenantem Installations: Art Temporary Installations: Art Temporary Installations: Art July in January 10 10 hours per day for 1 day Winter Fireworks Egg Hunt 7 7 hours per day for 1 day Egg Hunt (Cancelled)7 7 hours per day for 1 day Ultimate Apres Avon Ultimate Apres Avon Pop Up Strings 2 2 hours per day for 1 day Pop Up Strings Town Cleanup 8 8 hours per day for 1 day Town Cleanup 8 8 hours per day for 1 day Battle of the Bands Battle of the Bands Art Around Avon Walk Art Around Avon Walk Pride in the Park N/A See Non-Funded Pride in the Park Weekly Art Expo Weekly Art Expo (5)10 2 hours per event for 5 events Best of the West Best of the West AvonLIVE! (9)90 10 hours per event for 9 events AvonLIVE! (9)90 10 hours per event for 9 events SunsetLIVE! SunsetLIVE! (11)66 6 hours per event for 11 events Pop Up Music Pop Up Music (8)8 1 hour per event for 8 events Vail Valley Lacrosse Vail Valley Lacrosse (Cancelled)10 10 hours for 3 days Purina Pro Dog Challenge 16 8 hours per day for 2 day Purina Pro Dog Challenge N/A Vail Valley BrewFest 10 10 hours per day for 1 day Vail Valley Brew-Au' (Cancelled)12 12 hours per day for 1 day Salute to the USA 20 20 hour per event for 1 event Salute to the USA (Cancelled)20 20 hour per event for 1 event Triple Bypass 10 10 hours per day for 1 day Triple Bypass (Cancelled)10 10 hours per day for 1 day Lakeside Cinema Lakeside Cinema (8) (Cancelled)40 5 hours per event for 8 events AvonLIVE! Special Edition AvonLIVE! Special Edition 10 10 hours per event for 1 event XTERRA Start N/A See Non-Funded XTERRA N/A See Non-Funded Circus Colorado 6 2 hours per day for 3 days Circus Colorado 6 2 hours per day for 3 days Avon Arts Celebration Avon Arts Celebration 12 4 hours per day for 3 days Dancing in the Park 4 4 hours per day for 1 day Dancing in the Park (Cancelled)4 4 hours per day for 1 day Avon Festival of the Arts Avon Festival of the Arts SUP Race SUP Race Colorado Classic 12 12 hours per day for 1 day Colorado Classic (Cancelled)12 12 hours per day for 1 day Community Picnic 8 8 hours per event for 1 day Community Picnic (Cancelled)8 8 hours per event for 1 day Paddle Battle Pose & Paddle Summer's End Summer's End Major League Triathon 20 10 hours per day for 2 days Major League Triathon Avon Arts Festival Avon Arts Festival 10 5 hours per day for 2 days Heart & Soul Festival Heart & Soul Festival Vail Valley Soccer Tournament 5 5 hours per day for 1 day Vail Valley Soccer Tournament (Cancelled)6 3 hours per day for 2 days Man of the Cliff 20 10 hours per day for 2 days Man of the Cliff 20 10 hours per day for 2 days SUB-TOTAL EVENT HOURS:248 SUB-TOTAL EVENT HOURS:369 Praise in the Park 5 5 hours per day for 1 day Pride in the Park 5 5 hours per day for 1 day Fall Fest 7 7 hours per day for 1 day He(art) of the Vally Youth 7 7 hours per day for 1 day Community Walk 5 5 hours per day for 1 day Youthapalooza 5 5 hours per day for 1 day XTERRA Start 4 4 hours per day for 1 day XTERRA Start 4 4 hours per day for 1 day One Rental of Pavilion 5 5 hours per day for 1 day Colorado Disc Dogs 5 5 hours per day for 1 day SUB-TOTAL EVENT HOURS:26 Eagle Valley Outdoor Movement 5 5 hours per day for 1 day TOTAL STAFF HOURS:274 Polar Plunge 5 5 hours per day for 1 day Berry Creek Continuation 5 5 hours per day for 1 day EFEC Teacher Appreciation 5 5 hours per day for 1 day CFEA Networking Event 4 4 hours per day for 1 day Loya B-Day Party 2 2 hours per day for 1 day Webb B-Day Party 2 2 hours per day for 1 day Nance Wedding 2 2 hours per day for 1 day Freeman B-Day Party 4 4 hours per day for 1 day Koffenberger-Young Wedding 4 4 hours per day for 1 day Eagle County Staff Luncheon 2 2 hours per day for 1 day SUB-TOTAL EVENT HOURS:66 TOTAL STAFF HOURS:435 N/A N/A N/A N/A N/A N/A N/A N/A N/A Non Funded Events & Private Rentals Non Funded Events & Private Rentals N/A N/A N/A N/A N/A N/A N/A N/A ATTACHMENT D % OF INCREASE IN STAFF HOURS: 2019 vs 2020 = 58.75% 2019 EVENT STAFF DAY OF HOURS Special Event Coordinator: ONE FTE 2020 EVENT STAFF DAY OF HOURS Special Event Coordinator: ONE PTS SEASONAL YEAR OVER YEAR EVENT STAFF HOURS COMPARISON: 2019 vs 2020 N/A N/A N/A 2019 BASELINE STAFF HOURS N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Events Event Hours Hours Per Day/Event Events Event Hours Hours Per Day/Event Permenantem Installations: Art Permanent Installations: Art 320 Temporary Installations: Art Temporary Installations: Art 320 Winter Fireworks Winter Fireworks Egg Hunt (Cancelled)7 7 hours per day for 1 day Egg Hunt Ultimate Apres Avon Ultimate Apres Avon Pop Up Strings Pop Up Strings Town Cleanup 8 8 hours per day for 1 day Town Cleanup 8 8 hours per day for 1 day Battle of the Bands Battle of the Bands Art Around Avon Walk Art Around Avon Walk 16 8 hours per day for 1 day Pride in the Park Pride in the Park N/A See Non-Funded Weekly Art Expo (5)10 2 hours per event for 5 events Weekly Art Expo 22 2 hours per event for 11 events Best of the West Best of the West AvonLIVE! (9)90 10 hours per event for 9 events AvonLIVE! (10)110 10 hours per event for 11 events SunsetLIVE! (11)66 6 hours per event for 11 events SunsetLIVE! (14)84 6 hours per event for 14 events Pop Up Music (8)8 1 hour per event for 8 events Pop Up Music (11)11 1 hour per event for 11 events Vail Valley Lacrosse (Cancelled)10 10 hours for 3 days Vail Valley Lacrosse 10 10 hours for 3 days Purina Pro Dog Challenge N/A Purina Pro Dog Challenge Vail Valley Brew-Au' (Cancelled)12 12 hours per day for 1 day Vail Valley Brew-Au'12 12 hours per day for 1 day Salute to the USA (Cancelled)20 20 hour per event for 1 event Salute to the USA 20 20 hour per event for 1 event Triple Bypass (Cancelled)10 10 hours per day for 1 day Triple Bypass Lakeside Cinema (8) (Cancelled)40 5 hours per event for 8 events Lakeside Cinema (6)30 5 hours per event for 6 events AvonLIVE! Special Edition 10 10 hours per event for 1 event AvonLIVE! Special Edition 10 10 hours per event for 1 event XTERRA N/A See Non-Funded XTERRA Start N/A See Non-Funded Circus Colorado 6 2 hours per day for 3 days Circus Colorado 6 2 hours per day for 3 days Avon Arts Celebration 12 4 hours per day for 3 days Avon Arts Celebration 12 4 hours per day for 3 days Dancing in the Park (Cancelled)4 4 hours per day for 1 day Dancing in the Park 4 4 hours per day for 1 day Avon Festival of the Arts Avon Festival of the Arts 8 4 hours per day for 2 days SUP Race SUP Race N/A 6 hours per day for 1 day Colorado Classic (Cancelled)12 12 hours per day for 1 day Colorado Classic Community Picnic (Cancelled)8 8 hours per event for 1 day Community Picnic 8 8 hours per event for 1 day Pose & Paddle Paddle Battle 8 8 hours per day for 1 day Summer's End Summer's End 0 10 hours per day for 2 days Major League Triathon Major League Triathon Avon Arts Festival 10 5 hours per day for 2 days Avon Arts Festival 15 5 hours per day for 3 days Heart & Soul Festival Heart & Soul Festival Vail Valley Soccer Tournament (Cancelled)6 3 hours per day for 2 days Vail Valley Soccer Tournament 6 3 hours per day for 2 days Man of the Cliff 20 10 hours per day for 2 days Man of the Cliff 20 10 hours per day for 2 days SUB-TOTAL EVENT HOURS:369 SUB-TOTAL EVENT HOURS:420 Pride in the Park 5 5 hours per day for 1 day Pride in the Park 5 5 hours per day for 1 day He(art) of the Vally Youth 7 7 hours per day for 1 day He(art) of the Vally Youth 7 7 hours per day for 1 day Youthapalooza 5 5 hours per day for 1 day Youthapalooza 5 5 hours per day for 1 day XTERRA Start 4 4 hours per day for 1 day XTERRA Start 4 4 hours per day for 1 day Colorado Disc Dogs 5 5 hours per day for 1 day Colorado Disc Dogs 5 5 hours per day for 1 day Eagle Valley Outdoor Movement 5 5 hours per day for 1 day Eagle Valley Outdoor Movement 5 5 hours per day for 1 day Polar Plunge 5 5 hours per day for 1 day Polar Plunge 5 5 hours per day for 1 day Berry Creek Continuation 5 5 hours per day for 1 day Berry Creek Continuation 5 5 hours per day for 1 day EFEC Teacher Appreciation 5 5 hours per day for 1 day EFEC Teacher Appreciation 5 5 hours per day for 1 day CFEA Networking Event 4 4 hours per day for 1 day CFEA Networking Event 4 4 hours per day for 1 day Loya B-Day Party 2 2 hours per day for 1 day Loya B-Day Party 2 2 hours per day for 1 day Webb B-Day Party 2 2 hours per day for 1 day Webb B-Day Party 2 2 hours per day for 1 day Nance Wedding 2 2 hours per day for 1 day Nance Wedding 2 2 hours per day for 1 day Freeman B-Day Party 4 4 hours per day for 1 day Freeman B-Day Party 4 4 hours per day for 1 day Koffenberger-Young Wedding 4 4 hours per day for 1 day Koffenberger-Young Wedding 4 4 hours per day for 1 day Eagle County Staff Luncheon 2 2 hours per day for 1 day Eagle County Staff Luncheon 2 2 hours per day for 1 day SUB-TOTAL EVENT HOURS:66 SUB-TOTAL EVENT HOURS:66 TOTAL STAFF HOURS:435 TOTAL STAFF HOURS:486 TOTAL STAFF HOURS INCLUDING ART:1126 N/A N/A N/A N/A N/A N/A N/A N/A Non Funded Events & Private Rentals Non Funded Events & Private Rentals N/AN/A N/A N/A N/A N/A N/A N/A Special Event Coordinator: ONE PTS SEASONAL Special Event Coordinator: ONE PTS SEASONAL N/A N/A N/A N/A Not included in total below N/A N/A N/A N/A N/A ATTACHMENT E YEAR OVER YEAR EVENT STAFF HOURS COMPARISON: 2020 vs 2021 % OF INCREASE IN STAFF HOURS: 2019 vs 2020 = 58.75%% OF INCREASE IN STAFF HOURS WITHOUT ART: 2020 vs 2021 = 11.72% % OF INCREASE IN STAFF HOURS WITH ART: 2020 vs 2021 = 158.85% 2020 EVENT STAFF DAY OF HOURS 2021 EVENT STAFF DAY OF HOURS Events Event Hours Hours Per Day/Event Events Event Hours # of CASE Staff Hours Per Day/Event Permanent Installations: Art 320 Permanent Installations: Art 200 Temporary Installations: Art 320 Temporary Installations: Art 400 Winter Fireworks Winter Fireworks Egg Hunt Egg Hunt 14 2 7 hours per day for 1 day Ultimate Apres Avon Ultimate Apres Avon 16 2 8 hours per day for 1 day Pop Up Strings Pop Up Strings Town Cleanup 8 8 hours per day for 1 day Town Cleanup 16 2 8 hours per day for 1 day Battle of the Bands Battle of the Bands Art Around Avon Walk 16 8 hours per day for 1 day Art Around Avon Walk 16 2 8 hours per day for 1 day Pride in the Park N/A See Non-Funded Pride in the Park 20 2 10 hours per day for 1 day Weekly Art Expo 22 2 hours per event for 11 events Weekly Art Expo Best of the West Best of the West AvonLIVE! (10)110 10 hours per event for 11 events AvonLIVE! (11)220 2 11 hours per event for 10 events SunsetLIVE! (14)84 6 hours per event for 14 events SunsetLIVE! (14)84 1 6 hours per event for 14 events Pop Up Music (11)11 1 hour per event for 11 events Pop Up Music (10)10 1 1 hour per event for 10 events Vail Valley Lacrosse 10 10 hours for 3 days Vail Valley Lacrosse 6 1 2 hours per day for 3 days Purina Pro Dog Challenge Purina Pro Dog Challenge Vail Valley Brew-Au'12 12 hours per day for 1 day Vail Valley Brew-Au'20 2 10 hours per day for 1 day Salute to the USA 20 20 hour per event for 1 event Salute to the USA 40 2 20 hour per event for 1 event Triple Bypass Triple Bypass Lakeside Cinema (6)30 5 hours per event for 6 events Lakeside Cinema (9)45 1 5 hours per event for 9 events AvonLIVE! Special Edition 10 10 hours per event for 1 event AvonLIVE! Special Edition XTERRA Start N/A See Non-Funded XTERRA USA Nationals 20 2 10 hours per day for 2 days Circus Colorado 6 2 hours per day for 3 days Circus Colorado Avon Arts Celebration 12 4 hours per day for 3 days Avon Arts Celebration (2 weekends)24 1 4 hours per day for 6 days Dancing in the Park 4 4 hours per day for 1 day Dancing in the Park 4 1 4 hours per day for 1 day Avon Festival of the Arts 8 4 hours per day for 2 days Avon Festival of the Arts SUP Race N/A 6 hours per day for 1 day SUP Race 12 1 6 hours per day for 2 days Colorado Classic Colorado Classic Community Picnic 8 8 hours per event for 1 day Community Picnic 16 2 8 hours per event for 1 day Paddle Battle 8 8 hours per day for 1 day Paddle Battle 20 2 10 hours per day for 1 day Summer's End 0 10 hours per day for 2 days Summer's End 24 2 12 hours per day for 1 day Major League Triathon Major League Triathon Avon Arts Festival 15 5 hours per day for 3 days Avon Arts Festival Heart & Soul Festival Heart & Soul Festival 24 2 12 hours per day for 1 day Vail Valley Soccer Tournament 6 3 hours per day for 2 days Vail Valley Soccer Tournament 6 1 3 hours per day for 2 days Man of the Cliff 20 10 hours per day for 2 days Man of the Cliff 40 2 10 hours per day for 2 days SUB-TOTAL EVENT HOURS:420 SUB-TOTAL EVENT HOURS:697 Pride in the Park 5 5 hours per day for 1 day Pride in the Park See Above He(art) of the Vally Youth 7 7 hours per day for 1 day Blue Sky Event 5 1 5 hours per day for 1 day Youthapalooza 5 5 hours per day for 1 day Vail Valley Soccer Banquet 2 1 2 hours per day for 1 day XTERRA Start 4 4 hours per day for 1 day XTERRA USA Nationals See Above Colorado Disc Dogs 5 5 hours per day for 1 day Colorado Disc Dogs 5 1 5 hours per day for 1 day Eagle Valley Outdoor Movement 5 5 hours per day for 1 day Eagle Valley Outdoor Movement 5 1 5 hours per day for 1 day Polar Plunge 5 5 hours per day for 1 day Polar Plunge 5 1 5 hours per day for 1 day Berry Creek Continuation 5 5 hours per day for 1 day Berry Creek Continuation 5 1 5 hours per day for 1 day EFEC Teacher Appreciation 5 5 hours per day for 1 day EFEC Teacher Appreciation 6 1 6 hours per day for 1 day CFEA Networking Event 4 4 hours per day for 1 day Vail Valley Business Women 1 1 1 hour per day for 1 day Loya B-Day Party 2 2 hours per day for 1 day Lacrosse Team Dinner 2 1 2 hours per day for 1 day Webb B-Day Party 2 2 hours per day for 1 day Wright Family Reunion 2 1 2 hours per day for 1 day Nance Wedding 2 2 hours per day for 1 day Sheraton All Staff Picnic 2 1 2 hours per day for 1 day Freeman B-Day Party 4 4 hours per day for 1 day National Childrens Chorus 12 1 4 hours per day for 3 days Koffenberger-Young Wedding 4 4 hours per day for 1 day Vail Health Community Game Day 9 1 1 hour per day for 9 days Eagle County Staff Luncheon 2 2 hours per day for 1 day Dahlen Private Event 5 1 5 hours per day for 1 day Mission Hills Lunch 2 1 2 hours per day for 1 day SUB-TOTAL EVENT HOURS:66 **FF Entertainment - Elevation BC**10 1 10 hours per day for 1 day TOTAL STAFF HOURS:486 **Rieger Political Rally**2 1 2 hours per day for 1 day TOTAL STAFF HOURS INCLUDING ART:1126 PTA Meeting 3 1 3 hours per day for 1 day SUB-TOTAL EVENT HOURS:83 TOTAL STAFF HOURS:780 TOTAL STAFF HOURS INCLUDING ART:1380 ATTACHMENT F YEAR OVER YEAR EVENT STAFF HOURS COMPARISON: 2021 vs 2022 % OF INCREASE IN STAFF HOURS WITHOUT ART: 2020 vs 2021 = 11.72% % OF INCREASE IN STAFF HOURS WITH ART: 2020 vs 2021 = 158.85% % OF INCREASE IN STAFF HOURS WITHOUT ART: 2021 vs 2022 = 60.49% % OF INCREASE IN STAFF HOURS WITH ART: 2021 vs 2022 = 22.55% 2021 EVENT STAFF DAY OF HOURS 2022 EVENT STAFF DAY OF HOURS N/A Special Event Coordinator: ONE PTS SEASONAL Special Event Coordinator: ONE FTE N/A N/A N/A N/A Not included in total below Not included in total below or % N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Non Funded Events & Private Rentals Non Funded Events & Private Rentals N/A N/A N/A N/A N/A N/A N/A N/A Events Event Hours # of CASE Staff Hours Per Day/Event Events Event Hours # of CASE Staff Hours Per Day/Event Permanent Installations: Art 200 Permanent Installations: Art 0 Temporary Installations: Art 400 Temporary Installations: Art 420 Winter Fireworks Winter Fireworks Egg Hunt 14 2 7 hours per day for 1 day Egg Hunt 14 2 7 hours per day for 1 day Ultimate Apres Avon 16 2 8 hours per day for 1 day Ultimate Apres Avon 16 2 8 hours per day for 1 day Pop Up Strings Pop Up Strings Town Cleanup 16 2 8 hours per day for 1 day Town Cleanup Battle of the Bands Battle of the Bands 20 2 10 hours per day for 1 day Art Around Avon Walk 16 2 8 hours per day for 1 day Art Around Avon Walk 16 2 8 hours per day for 1 day Pride in the Park 20 2 10 hours per day for 1 day Pride in the Park 20 2 10 hours per day for 1 day Weekly Art Expo Weekly Art Expo Best of the West Best of the West AvonLIVE! (11)220 2 11 hours per event for 10 events AvonLIVE!220 2 11 hours per event for 11 events SunsetLIVE! (14)84 1 6 hours per event for 14 events SunsetLIVE!84 1 6 hours per event for 14 events Pop Up Music (10)10 1 1 hour per event for 10 events Pop Up Music Vail Valley Lacrosse 6 1 2 hours per day for 3 days Vail Valley Lacrosse 6 1 2 hours per day for 3 days Purina Pro Dog Challenge Purina Pro Dog Challenge Vail Valley Brew-Au'20 2 10 hours per day for 1 day Vail Valley Brew-Au'20 2 10 hours per day for 1 day Salute to the USA 40 2 20 hour per event for 1 event Salute to the USA 40 2 20 hour per event for 1 event Triple Bypass Triple Bypass 24 2 12 hours per day for 1 day Lakeside Cinema (9)45 1 5 hours per event for 9 events Lakeside Cinema 45 1 5 hours per event for 9 events AvonLIVE! Special Edition AvonLIVE! Special Edition XTERRA USA Nationals 20 2 10 hours per day for 2 days XTERRA USA Nationals 40 2 10 hours per day for 2 days Circus Colorado Circus Colorado Avon Arts Celebration (2 weekends)24 1 4 hours per day for 6 days Avon Arts Celebration 12 1 4 hours per day for 3 days Dancing in the Park 4 1 4 hours per day for 1 day Dancing in the Park 4 1 4 hours per day for 1 day Avon Festival of the Arts Avon Festival of the Arts SUP Race 12 1 6 hours per day for 2 days SUP Race 24 2 6 hours per day for 2 days Colorado Classic Colorado Classic Community Picnic 16 2 8 hours per event for 1 day Community Picnic 16 2 8 hours per event for 1 day Paddle Battle 20 2 10 hours per day for 1 day Paddle Battle 20 2 10 hours per day for 1 day Summer's End 24 2 12 hours per day for 1 day Summer's End 24 2 12 hours per day for 1 day Major League Triathon Major League Triathon Avon Arts Festival Avon Arts Festival Heart & Soul Festival 24 2 12 hours per day for 1 day Heart & Soul Festival 24 2 12 hours per day for 1 day Vail Valley Soccer Tournament 6 1 3 hours per day for 2 days Vail Valley Soccer Tournament 6 1 3 hours per day for 2 days Man of the Cliff 40 2 10 hours per day for 2 days Man of the Cliff 40 2 10 hours per day for 2 days SUB-TOTAL EVENT HOURS:697 SUB-TOTAL EVENT HOURS:735 Pride in the Park See Above Pride in the Park See Above Blue Sky Event 5 1 5 hours per day for 1 day Blue Sky Event 5 1 5 hours per day for 1 day Vail Valley Soccer Banquet 2 1 2 hours per day for 1 day Vail Valley Soccer Banquet 2 1 2 hours per day for 1 day XTERRA USA Nationals See Above XTERRA USA Nationals See Above Colorado Disc Dogs 5 1 5 hours per day for 1 day Colorado Disc Dogs 5 1 5 hours per day for 1 day Eagle Valley Outdoor Movement 5 1 5 hours per day for 1 day Eagle Valley Outdoor Movement 5 1 5 hours per day for 1 day Polar Plunge 5 1 5 hours per day for 1 day Polar Plunge 5 1 5 hours per day for 1 day Berry Creek Continuation 5 1 5 hours per day for 1 day Berry Creek Continuation 5 1 5 hours per day for 1 day EFEC Teacher Appreciation 6 1 6 hours per day for 1 day EFEC Teacher Appreciation 6 1 6 hours per day for 1 day Vail Valley Business Women 1 1 1 hour per day for 1 day Wedding - April 29 2 1 2 hours per day for 1 day Lacrosse Team Dinner 2 1 2 hours per day for 1 day Lacrosse Team Dinner 2 1 2 hours per day for 1 day Wright Family Reunion 2 1 2 hours per day for 1 day Wedding - June 17 2 1 2 hours per day for 1 day Sheraton All Staff Picnic 2 1 2 hours per day for 1 day Wedding - July 2 1 2 hours per day for 1 day National Childrens Chorus 12 1 4 hours per day for 3 days National Childrens Chorus 12 1 4 hours per day for 3 days Vail Health Community Game Day 9 1 1 hour per day for 9 days Wedding - September 23 2 1 2 hours per day for 1 day Dahlen Private Event 5 1 5 hours per day for 1 day Mission Hills Lunch 2 1 2 hours per day for 1 day **FF Entertainment - Elevation BC**10 1 10 hours per day for 1 day **Rieger Political Rally**2 1 2 hours per day for 1 day PTA Meeting 3 1 3 hours per day for 1 day SUB-TOTAL EVENT HOURS:83 SUB-TOTAL EVENT HOURS:55 TOTAL STAFF HOURS:780 TOTAL STAFF HOURS:790 TOTAL STAFF HOURS INCLUDING ART:1380 TOTAL STAFF HOURS INCLUDING ART:1210 N/A N/A % OF INCREASE IN STAFF HOURS WITHOUT ART: 2022 vs 2023 = 1.28% % OF INCREASE IN STAFF HOURS WITH ART: 2022 vs 2023 = (12.31%) ATTACHMENT G YEAR OVER YEAR EVENT STAFF HOURS COMPARISON: 2022 vs 2023 N/A N/A Non Funded Events & Private Rentals 2023 EVENT STAFF DAY OF HOURS - PROJECTED2022 EVENT STAFF DAY OF HOURS % OF INCREASE IN STAFF HOURS WITHOUT ART: 2021 vs 2022 = 60.49% % OF INCREASE IN STAFF HOURS WITH ART: 2021 vs 2022 = 22.55% Special Event Coordinator & New Production Assistant: TWO FTESpecial Event Coordinator: ONE FTE N/A N/A N/A Not included in total below or %Not included in total below or % N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Non Funded Events & Private Rentals 970-748-4065 ddempsey@avon.org TO: CASE Committee FROM: Danita Dempsey, CASE Manager RE: Staff Update DATE: October 3, 2022 SUMMARY: The CASE Committee is requested to provide recommendations regarding (1) planning for fireworks at Salute to the USA in 2023 and future years (2) if the recommendation is to plan for fireworks each year at Salute to the USA, does the Town plan for a “traditional” program (up to 4” in shell size) or a low-level (up to 2” shell size) shorter program (3) if the recommendation is to plan for fireworks each year at Salute to the USA, and fireworks are cancelled due to weather related conditions (fire fuels, weather patterns, etc.) should the Town plan to launch the purchased fireworks the following winter (December – February) and (4) regardless of fireworks related to Salute to the USA, should the Town plan for winter fireworks in 2023 or future years? Furthermore, to prepare for procurement of infrastructure, staffing, creative design, marketing, and promotions, etc. Staff requests a recommendation from CASE regarding a “go or no-go” decision regarding a fireworks program in late April. This report provides a complete background on the Town’s pyrotechnic production, outlines associated costs related pyrotechnic contracting, logistics and security for a traditional fireworks program (22-23 minutes in length) which is currently included in the 2023 Proposed Budget: and a low-level shorter program. BACKGROUND: 1.2021 CASE / COUNCIL WORK SESSION - A CASE Committee and Town Council Work Session was held on October 12th, 2021, which included discussions about fireworks and concerns related to fireworks being non-eco-friendly, the summers weather patterns and the Town’s desire to be a leader in our community as well as good stewards. Although, there was residual ambiguity regarding consensus in not having fireworks and the timeline. To that end, Town Manager, Eric Heil received clarification, and the Town included fireworks in the 2022 Salute to the USA budget. Additionally, Town Council provided clear direction regarding (1) developing a plan B for an activation that does not include fireworks at Salute to the USA and (2) to identify the goal or purpose of a winter event. Staff was successful this year in offering activations that did not include fireworks (additional family friendly activities, laser show including graphics on side of mountain, beams over the crowd and accompanying soundtrack, live painting experience and final art piece, projection mapping of Enjoy Life! | Disfrute La Vida! Mural and increased cost of top-level opening talent (Cory Wong). However, Staff has had not been successful in developing a winter activation due to current workload and availability of resources. 2.SALUTE TO THE USA - The Town of Avon’s hallmark Salute to the USA event takes place on July 3rd each year; 2022 was the 36th annual program. The signature element is the fireworks display consisting of over 10,000 barrages (“shells”) exploding over Nottingham Lake. Typically, the 22-23- ATTACHMENT H 970-748-4065 ddempsey@avon.org minute fireworks program contains low-level, mid-level and high-level barrages which can be experienced from many vantage points. Western Enterprises has been contracted for Town’s fireworks since inception and, the contract has historically been executed in the first quarter of each year. In 2017, the Town entered a three- year term contract with Western Enterprises which ended after the 2019 event. Through the RFP process, Western Enterprises was awarded another three-year term commencing in 2021 and ending in 2023 pending budget appropriation. The contract details a total pyrotechnic production cost of $45,000 due no later than 15-days after the date of the display and includes an opportunity to reschedule up to Friday, February 24, 2023. If the Town does not reschedule by February 24, 2023, it would be responsible for $13,500. Contract language is provided below: 8. It is agreed and understood that the PURCHASER will pay to the SELLER the sum of FORTY-FIVE THOUSAND DOLLARS & NO/100 ($45,000.00). The contract amount will be paid within fifteen (15) days after the date of the display. Unpaid accounts are subject to one percent (1%) interest charge per month after fifteen days. 9. In the event of inclement weather or other adverse conditions, so as to cause postponement of any of these displays, it is agreed and understood that PURCHASER will notify SELLER regarding the postponement date, normally the following night, or at some future date through February 24th of the following calendar year (2021). If the PURCHASER will not re- schedule the display by February 24th of the following calendar year, or completely cancels the display, the PURCHASER agrees to pay to the SELLER thirty percent (30%) of the cost of the display ($13,500.00). 3. LOGISTICS: a. Discharge / Launch and Display Sites - See the Salute to the USA Venue Map 2021 provided as ATTACHMENT A. i. Discharge Site: the immediate area from where the fireworks equipment and fireworks are located and/or discharged. The Discharge Site is “live” at 4:00 p.m. meaning all rails are charged with electricity and when the system is scheduled for testing. At approximately 2:50 p.m. members of the public are restricted from Lake access and the Lake is swept and cleared by 3:50 p.m. ii. Display Site: including the Discharge Site, and the entire required security safety perimeter outside the Discharge Site as prescribed by the Eagle River Fire Protection District, Western Enterprises, and the Town of Town. b. Shell Size and Fall Out Zone - The Town’s program includes aerial effects and shells ranging in diameter from 3” to 4”. Town benefits from shooting their program over / near Nottingham Lake which according to Eagle River Fire Protection District Chief, Karl Bauer “…out of all the potential viable sites presents the lowest risk…” due in part to being surrounded by relatively low fire fuel (green grass and healthy tree’s), nature of topography and most of the audience is twice the distance from the Discharge Site as required by NFPA 1123 (Code of Regulations for conducting outdoor fireworks displays). The Town’s 970-748-4065 ddempsey@avon.org firework program has been cancelled four (4) times (2012, 2018, 2021 and 2022) due to restrictions related to fire fuel conditions, weather patterns, etc. and remains a risk. i. In 2012, the fireworks were used for the Town produced Fire & Ice event held on Sunday, February 17th, 2013, between 3:00 and 7:00 p.m. ii. In 2018, the fireworks were used for the Town produced July in January event held on Friday, January 25th, 2019, between 5:00 and 8:00 p.m. iii. In 2021, the Town paid the cancelation fee of $13,500. The Town is restricted with shell size however, due to the proximity of structures to the Discharge / Launch Site related to the required “Fall Out Zone,” which is defined as the area from the Discharge / Launch Site and the closest structure in all directions. Western Enterprises and Eagle River Fire Protection District recommend for every inch in diameter of the shell there must be 70 ft. of distance to the closest structure (4” shell = 280 ft.). Additionally, every 1” of shell size equates to approximately 100 ft. of elevation gain. Due to an incident in 2015 with a 5” shell firing in a containment tube resulting in a trajectory towards the audience; Town, in collaboration with ERFPD and Western Enterprises took the following action to further minimize risk (1) reduced its maximum shell size to 4”, (2) increased the Fall Out Zone to 100 ft. per inch in diameter (3) added chain link fencing directly in front of the racks; and, (4) redesigned the rack containment “box”. 4. SECURITY: In order to secure the Discharge / Launch and Display Sites the Town uses a combination of Avon PD, Extra Duty Officers, Colorado Rangers and professional security personnel, chain link fence, blue “snow fence,” barricade fence and “Restricted Site – No Entry” signage. The Town provides professional security beginning July 2nd at 8:00 a.m. when pyrotechnic product is loaded into the Discharge Site as well as overnight security the night of the 2nd. Beginning at 8:00 a.m. on July 3rd hired security is ramped up throughout the day to a total of thirty- three personnel. Additionally, approximately forty police officers from Avon PD, Colorado Rangers, and Extra Duty Officers from CSP and neighboring communities are utilized for security, crowd control, alcohol management, traffic control, emergency response, and safety management. The Fireworks, No Fireworks and Low-Level Fireworks Chain Link Fencing & Security Maps offer a visual reference to support the information below and facilitate the discussion and are provided as ATTACHMENTS B - E. Furthermore, and as indicated on ATTACHMENTS D and E, if a low-level barrage program is recommended this equates to a smaller Fall Out Zone (up to a 2” inch shell requires 200’). Therefore, less chain link fencing as it relates to the Fall Out Zone would be required; it is important to note that this has not been vetted with the ERFPD Chief. a. Security Personnel: Traditional Program (Expense categories are Overtime Wages and Security Services) i. Extra Duty Officers and Colorado Rangers; Proposed Budget = $20,715 ii. Town Police Dept. overtime; Proposed Budget = $5,500 iii. Hired Security; security personnel arriving in shifts totaling approximately 354-man hours, 126 man-hours of which are specifically for pyrotechnic perimeter; $45.00 per man hour. Proposed Budget = $15,930 iv. Proposed Budget Total: $42,145 970-748-4065 ddempsey@avon.org b. Chain Link Fencing: Traditional Program (Expense category is Rentals Traffic & Crowd Control) i. The Town contracts with American Fence to provide chain link fence. The Discharge Site must be secure by 7:30 a.m. on July 2nd and the Display Site is secured by approximately 12:00 p.m. on July 3rd. ii. Approximately 3,780 linear feet of chain link fence, t-post, sandbags, delivery, installation, and removal is $6.61 per linear foot; Proposed Budget = $23,000 iii. Quote received recently for 2023 is $25,000 iv. Other fencing infrastructure and signage is Town owned and installed / removed by Staff. c. The Pyrotechnic Protocol further defines logistics, perimeter security requirements, timing of launch, and responsibilities of the Town and Western Enterprises and is provided as ATTACHMENT F. 5. 2022 SALUTE TO THE USA SURVEY HIGHLIGHTS: The CASE Committee packet materials provided for the September 15th, 2022, meeting provides the full Intercept Insights Survey and is provided as ATTACHMENT G pages 14-38. As outlined in ATTACHMENT G, the most common feedback from those surveyed were (1) have fireworks, (2) mores kid’s activities, and (3) more or better music. OPTIONS FOR FIREWORKS PROGRAM: It is important to note that Eagle River Fire Protection District (“ERFPD”) outlook forecasts, and/or guidelines related to live fire fuels, weather patterns, etc. resulting in restrictions, could negatively impact the Town’s ability to host a fireworks program. Staff has provided two program length options for discussion and consideration; (1) a 22-23-minute program which is the traditional length of the Town’s program; and (2) a reduced length program of 10-12-minutes. The traditional length program includes a choregraphed musical score, low, mid, and high-level barrages (mix of shells ranging from 1” to 4” in size) and allows for viewing from other vantage points. The shorter length program also includes a choregraphed musical score is comprised of low-level barrages (up to 2” in shell size) which reduces the expense and reduces the vertical visual corridor. FINANCIAL CONSIDERATIONS: The 2023 Proposed Budget includes a total cost of a traditional fireworks program on July 3rd with the live music concert with an opener and headliner, multiple family-friendly activations, sound, light and stage productions, and a VIP experience is $293,433.10. A No Fireworks 2022 Salute to the USA Budget Performa vs 2023 Proposed Budget is provided as ATTACHMENT H and provides insight into the 13.56% increase in costs. The cost savings associated with a low-level shorter program is between $21,848.00 and $23,170.00 for a total projected cost of $271,585.00 and $270,263.10. The savings are related to the cost of the fireworks procurement and production, and the amount of chain link fencing. Additionally, the choregraphed musical score can be removed for approximately an additional $3,000 is savings. Furthermore, and for thoughtful conversation, risk assessment, and vetting with ERFPD is the idea of using stadium barricade fencing in the low-level barrage scenario instead of chain link fencing. Moreover, there may be incremental savings in overtime wages and/or professional security realized post event but unlikely. The Fireworks Program Options and Cost Estimates is provided as ATTACHMENT I. 970-748-4065 ddempsey@avon.org Finally, the projected costs of a winter fireworks program is provided on page 51 of ATTACHMENT G and estimated at $88,900. Thank you, Danita ATTACHMENTS: Attachment A – Salute to the USA Venue Map 2021 Attachment B – Traditional Fireworks Chain Link Fencing & Security Attachment C – No Fireworks Chain Link Fencing & Security Attachment D – Low-Level Fireworks Chain-Link Fencing & Security (Lower Field Full) Attachment E - Low-Level Fireworks Chain-Link Fencing & Security (Lower Field Small) Attachment F – Pyrotechnic Protocol Attachment G – CASE Committee Packet Materials – 9-12-22 Attachment H – 2022 Salute to the USA Budget Performa vs 2023 Proposed Budget Attachment I – Program Options & Cost Estimates )" )" )" )" )" )" )" )" FGHK FGHK FGHK FGHK FGHZ FGHZ FGHZ FGHZ ¸# ¸# ¸# ¸# ¸# ¸# ¸# ) ) ) ¸# ¸#¸#¸# ¸#¸#¸# !( ) ) ) !( ) ) ) ) ) ) ) ) U S HW Y 6 PRA T E R R D W BEAVER CREEK BLVD HU R D L N RIVE R F R O N T L N LAKE S T VIL L A G E R D S W I F T G U L C H R D AVON RD MILL I E S L N BEN C H M A R K R D BEAVER C R E E K B L V D SUN R D C H A P E L P L B E A VERCR E E K P L PLAZA W A Y NO T T I N G H A M R D BENCHMARK R D U S H W Y 6 B E A V E R CREEKBLVD Nottingham Lake Eagle River VIP Rec Center Seasons at Avon Post Office 1st Bank Avon Center Sheraton Slifer, Smith, Frampton White River Bldgs LibraryOld Fire Station Old Town Hall Avon Elementary Stone Creek Condos Roundabouts: If there are 3 lanes of traffic, one will get shut down so that there is one right turn and one left turn. Family Zone DIVISION 4 DIVISION 3 DIVISION 2 DIVISION 1 Railroad Crossing Entry/Exit I* I* I*1 10 10 10 I*P.O.L's The Westin I*1 I*2 I*13 I*15 #3 Barricade I 0 250125 Feet This map was produced by the Eagle County GIS. Use of this map should be for general purposes only. Eagle County does not warrant the accuracy of the data contained herein.Author:S. Fleming, Date: 06/27/19Aerial Photo: Bing 2011 - (c) 2010 Microsoft Corporation and its data suppliers Railroad Crossing Ea g l e R i v e r G "A& "A&Ambulance/Security Comfort Inn Lakeside Terrace Falcon Pointe Condos Beaver Creek West Condos Beaver Bench Condos Buck Creek Condos ERWSD ERWSD I*1 Entry / E x i t HW I* Entry / Exit ¸#Coned Off - Road Closed )Hired Security Post Handicap Parking VIP Parking Vendor Parking Vendors Family Zone VIP Area HW HW HW HW Ent r y / E x i t Lauch Site LT LT LT LT LT Loa d i n g Z o n e Display Perimeter Discharge Perimeter "A&Ambulance / Medical Chain Link Fence Dumpster!( Light TowerLT I*P.O.L.'s )"VMS Transit Center ) I/ Ride Share I* I*5 E n t r y / E x i t Salute to the USA 20 21 Salute to the USA 20 21 Event Parking "A& LT Town Hall !´ Catering Tent!´ Pedestrians Keep Left Stadium Barricade Jersey Barricade Stage Parking Police Parking ATTACHMENT A ATTACHMENT B TRADITIONAL FIREWORKS: CHAIN LINK FENCING & SECURITY Security Personnel = 33 Chain Link = Approx. 3,800 liner feet (2,400 up per area and 1,400 lower field) Security Personnel = 24 Chain Link = Approx. 2,400 liner feet ATTACHMENT C NO FIREWORKS: CHAIN LINK FENCING & SECURITY Potential to move fencing here and save ap- proximately 300’ linear feet ATTACHMENT D LOW-LEVEL FIREWORKS: CHAIN LINK FENCING & SECURITY Security Personnel = 29 Chain Link = Approx. 3,200 liner feet (2,400 upper area and 800 lower field) Potential to move fencing here and save approximately 300’ linear feet. The yellow lines indicate where chain link fencing is removed in this scenario. ATTACHMENT E LOW-LEVEL FIREWORKS: CHAIN LINK FENCING & SECURITY Security Personnel = 29 Chain Link = Approx. 3,000 liner feet (2,400 upper area and 600 lower field) Potential to move fencing here and save approximately 300’ linear feet. The yellow lines indicate where chain link fencing is removed in this scenario. Salute to the USA – Pyrotechnic Protocol Page 1 ATTACHMENT F SALUTE TO THE 2019 PYROTECHNIC PROTOCOL VENUE/SITES: • The Discharge Site is herein defined as the immediate area from where the fireworks equipment and fireworks are located and/or discharged. • The Display Site Lower Premise is herein defined as not only including the Discharge Site, but also the entire required security safety perimeter outside the Discharge Site as prescribed by the Eagle River Fire Protection District and Western Enterprises. • The Display Site Upper Premise is herein defined as not only including the Discharge Site Premises, but also the entire required security perimeter outside the Discharge Site Premises as prescribed by the Town of Avon. WESTERN ENTERPRISES: Western designates Mr. Magnus Nilsson as the Pyrotechnic Operator in Charge of all Premises and the firing of the fireworks display. Western will have additional Assistant Pyrotechnic Operators on site to help facilitate communication, safety and other activities required to safely conduct the fireworks display. These individuals will provide a coordinated “lights-out” countdown with all parties. Western will work directly with ERFPD officials for the permitting of the fireworks display, paying the appropriate permitting fees; and, to ensure the fireworks equipment (racks and tube containment systems) and fireworks display (shells and mortars) are conducted in accordance with safety regulations established to NFPA 1123 (Code of Regulations for conducting outdoor fireworks displays). The safety regulations in NFPA 1123 may be increased by the ERFPD to ensure the safety of everyone. The ERFPD is recommending (Exhibit A) and, the Town of Avon is requiring the following modifications to further ensure All Premise safety and public safety: a. The maximum shell/mortar size will be four inches (4”); b. The fallout zone shall be one hundred feet (100’) per inch of maximum shell size; c. Modified rack design. The rack design will follow NFPA 1123 2014 version. The racks will have separation between them equal to the size of the mortar. The racks will be secured as identified in Exhibit B; and, d. Six-foot (6’) chain link fencing shall be installed at the Discharge Site Premises surrounding the north, south and east sides of the launch area. The west side of the launch area shall be free of chain link fencing to provide an emergency escape route for technicians. Designated pyrotechnic crew members shall be responsible as “spotters”. The spotters are strategically positioned around the Discharge Site Premises to watch all pyrotechnics during the firing of the display. The number of and location of designated spotters will be approved by ERFPD during the Discharge Site Premises Inspection by not later than July 3, 2019 at 12:00 p.m. Western pyrotechnic crew members shall do an immediate after-show “sweep” of the Discharge Site Premises and Display Site Lower Premises to identify and remove any unexploded pyrotechnic devices or other material that might not have Salute to the USA – Pyrotechnic Protocol Page 2 ignited. Any such material found by any person other than the pyrotechnic crew members shall be turned over to a pyrotechnic crew member, or the proper authority having jurisdiction, for safe handling or disposal of said material. Only credentialed pyrotechnic operators shall be allowed in the Discharge Site Premises and/or Display Site Lower Premises and perimeter areas until the sweep is complete. This “sweep” is allocated to last approximately 25 minutes. There will be designated “runners for food and beverages” for the pyrotechnic crew members. These designated individuals can be pyrotechnic crew members, but if they do not have the proper credentials with photo identification, they will not be allowed into the discharge site. LOGISTICS: Prior to delivery of fireworks to the Town of Avon, Western will notify the Eagle River Fire Protection District of the approximate delivery date and time. Once the fireworks arrive Western will confirm delivery, safe and proper storage with the above-mentioned parties. Western will have all necessary personal protection devices and apparel including but not limited to a fire extinguisher within the Discharge Site and readily available. Load-In Timeline – Eagle River Water Sanitation District has been contacted by town personnel and granted access through their gate for load- in of pyrotechnic product; the contact information at ERWSD has been passed along to Magnus Nilsson. • July 1 - Western pyrotechnic crew members will begin load-in of all tubes containment systems and racks onto Discharge Site (damn on the west end of Nottingham Lake) at approximately 8:00 a.m. • July 2 – Western pyrotechnic crew members will begin load-in of mortars and shells at the Discharge Site beginning at approximately 8:00 a.m. Western shall be responsible for security of the Discharge Site upon arrival for load-in, and until the Town of Avon hired security personnel arrive at approximately 6:00 p.m. on July 2. • July 3 – After all pyrotechnic products have been loaded and properly secured; ERFPD will coordinate with Western to conduct an on-site inspection by not later than 12:00 p.m. Western Operator in Charge, pyrotechnic crew members and radio simulcast (KZYR – Mr. Tony Mauro) will conduct a test of the Pyro Seeking system at 4:00 p.m. Malfunction Protocol – If in the unlikely event a fireworks device malfunctions (specifically a detonation), the fireworks display shall be stopped immediately, and power shut off. The Operator in Charge and assistants will immediately inspect the launching mortar area to determine the extent of the problem. If the Operator in Charge and assistants determine there is no collateral damage to adjacent launching mortars or racks that are affected, the display can resume. However, if the damage is deemed to have caused collateral damage to adjacent launching mortars or racks, then the display will not resume. If in the unlikely event a fireworks aerial shell happens to launch into the audience, the display will be stopped immediately, and power shut off. The display will not resume unless approved by the Simulcast Team (see below). Most of the audience is twice the distance from the discharge site as required by NFPA 1123 (Code of Regulations for conducting outdoor fireworks displays) Personal fireworks are not allowed at the event; this message is disseminated to the public through print, radio commercial spots and on the town web site. If personal fireworks are released by the public, it does not warrant stopping the display The Avon Mountain Adventure Camp will not be utilizing AES for their headquarters on July 2 or July 3. PERIMETER/SITE SECURITY: Salute to the USA – Pyrotechnic Protocol Page 3 Pyrotechnic crew members will park only in designated areas as determined by the Town of Avon and/or Eagle River Fire Protection District. Each person in the vehicle needing to be parked must have the proper credential. July 1 - Town personnel (Gary Padilla) will coordinate the closing of the recreational path around the lake at the north and south ends of the dam, secure the lake/dam with blue event fencing by not later than 9:00 a.m. July 2 - Pyrotechnic product will be loaded onto the dam starting at 8:00 a.m. at which time the Discharge Site and Display Site Lower Premise will be secure with chain link fencing supported by “Restricted Site – No Entry” signage and 5D Shield (see below). Town personnel will install a rope dividing the lake as to not allow public use on the western half of the lake which is within the Discharge Site by not later than 8:00 a.m. Security Locations & Hours: • July 2 - Discharge Site: Four (4) 5D Shield starting at 8:00 a.m. ending at 6:00 p.m.; one (1) over night o One located at the entrance to AES parking lot o One person located on the south recreational path o One person located on rail road tracks/roaming between east and west ends of Display Site o One person roaming Lower Display Site and Discharge Site o One person starting at 6:00 p.m. to 7:30 a.m. July 3 to secure pyrotechnic product overnight • July 3 - Display Site: Up to (5) 5D Shield between 8:00 a.m. and 11:00 p.m. o One located at the entrance to AES parking lot o One person located on the south recreational path o One person located on rail road tracks/roaming between east and west ends of Display Site  Two additional personnel will be added between the hours of 4:00 p.m. to 11:00 p.m. o Two Supervisors will roam the entire event venue • Only crew members with proper credentials will be allowed into the Discharge and/or Display Site. • The only personnel allowed within the discharge site are: Western fireworks staff; identified town staff; identified emergency personnel (inspectors). Western will create specific credentials for all pyrotechnic crew members with photo identification for each crew member. A list of the pyrotechnic crew members will be provided to the Town of Avon prior to the display for verification. TIMING & LAUNCH: The timing and launch of the pyrotechnic product it critical to the success of the event therefore, the following has been put into place: The soundtrack and the firing command cues for the pyrotechnic product will originate from the Discharge Site with synchronized CD’s at the Pavilion (on-site sound engineer) and KZYR Studio (in-studio sound engineer). The steps for a manual start are as follows: • Operator in Charge will call the on-site sound engineer on the simulcast channel and the in-studio sound engineer and establish open lines of communication • Switch the Pyro Seeking system to a local control mode • Load the music and time code compact disk • Manually count down with the both on-site and in studio sound engineers “5-4-3-2-1-play” • The Pavilion and KZYR sound/time code files and the Pyro Seeking system would be manually started at the same time Salute to the USA – Pyrotechnic Protocol Page 4 The Simulcast Team will consist of the Fire Chief or his designee, Avon Police Chief or his designee, Western Enterprises Primary Operator, Town Manager or designee and the Town CASE Manager. All members of the simulcast team, or appropriate designees, will meet at 9:30 p.m. on July 3 on the stage deck of the Pavilion except those located on the dam (Magnus Nilsson). The Simulcast Team will be provided with a separate radio channel that they will switch over to at 9:30 p.m. This channel will be free from any other communications. At 9:40 Magnus Nilsson will radio the Simulcast Team and ask for an “all clear”; each member of the team will provide the “all clear, Avon Police Chief”; “all clear Events”; etc. with the last call coming from the Fire Chief. Only after the above step is complete, and at the appropriate time in the Pyro Seeking system (approximately 9:45 p.m.), Magnus Nilsson will start the show. There will be a radio check of all channels at 6:00 p.m. and make sure Town personnel have extra batteries for radios if necessary prior to being stationed on the dam. The “lights out” call from the primary operator will be broadcast over radio communications 15 seconds prior to the start of the CD containing cues/music. The choreographed music includes music/opening narration with a countdown from 10 to 1 with the he first explosive in the sky and exploding on the “one”. This is at approximately 32 seconds into the synchronization timing. There will be approximately seventeen seconds of silence when lights go out and the start of opening narration. All of this should be on the CD that Magnus Nilsson and Kaleidoscope Productions (Stephen Ridgeway) are working with. KZYR (Tony Mauro – radio simulcast) will broadcast the music feed from the Pavilion live on KZYR and without broadcast delay. 970-748-4065 ddempsey@avon.org TO: CASE Committee FROM: Danita Dempsey, CASE Manager RE: Staff Update DATE: September 12, 2022 OPENING COMMENTS: We had another successful and full event season and provided a vibrant calendar of events which supported the community and tourism; elevated the Avon brand and exposure; and allowed Avon to remain competitive amount our peer communities. SUMMARY: This report is being complied just prior to the end of our event season with the Community Picnic on Thursday, September 15th and the inaugural Heart & Soul Festival on Saturday, September 17th yet to produce. Staff has not had copious amounts of time to provide a high level written post-event recap and/or 2022 budget analysis. With that said, we will present a PowerPoint summary of the 2022 season for discussion with the caveat that final numbers on both expense and revenue are not yet fully vetted and completed. Additionally, we will review the 2023 Proposed Budget and special event calendar seeking recommendations and opinions on (1) proposed budget increases and/or decreases (2) Salute to the USA (3)winter fireworks and (4) the Town purchasing nine (9) bronze sculptures from Knox Galleries that have been on display in the Town for numerous years. CURRENT / PLANNING ACTIVITY: The 2023 Proposed Budget reflects a net increase of $156,282. A detailed 2022 Approved Budget vs 2023 Proposed Budget Comparison is provided and attached as Attachment A. The numbers provided in Attachment A do not include personnel costs, general operations (cell phones, meeting expense, dues, and memberships, etc.) and capital outlay (computers, furniture, etc.). The draft 2023 Special Event Calendar is attached and provided as Attachment B. SPECIAL EVENTS: The 2023 Proposed Budget and calendar includes: 1.New events added during 2022 (i.e., Ultimate Après Avon, Pride in the Park, XTERRA USA Championships and Heart & Soul Festival). 2.Expansion and enhancements to talent, sound, lights, and activities for (1) AvonLIVE! (2) Summer’s End and (3) Heart & Soul Festival. 3.Significant vendor increases for chain link fencing, hired security, and portable rentals which effect all events and most impactful to Salute to the USA. 4.Funds to begin the creative and branding process for the Best of the West event to be launched in 2024. Additionally, and in part to allow for the increases mentioned above, the Town Clean Up event ($2,100) and Pop-Up Music series ($8,800) and Circus Colorado ($35,000) contribution have been removed from the 2023 Proposed Budget resulting in $45,900 of savings. 1.AvonLIVE! (11): 2023 Proposed Budget with an increase = $53,741. a.Discussion: Is the CASE Committee supportive of the proposed increase? ATTACHMENT G 970-748-4065 ddempsey@avon.org i.Increased $33,000 to fund headline talent with more name recognition; and, $14,800 to support higher quality light and sound package to support more recognizable bands. ii.Increased to eleven (11) shows instead of ten (10) beginning June 14th through August 30th, 2023, with no show on July 5th. iii.Approximately $15,000 per show in 2022; proposed approximately $20,000 per show in 2023. b.Background: i.During the September 2021 CASE Committee Meeting the same discussion was had resulting in the majority consensus in support of an increase; however, CASE was willing to forego the increase to support Circus Colorado at $35,000. ii.Ultimately, during the 2022 budget cycle, Town Council provided direction to cut AvonLIVE! expenses by $50,000. 2.Summer’s End: 2023 Proposed Budget with an increase = $22,680. The second annual Summer’s End event over Labor Day Weekend was successful however, we did see a decline in participation at Paddle Battles and attendance at Monday concert. a.Discussion: There is continuing momentum with this new event brand and in general, I recommend continuing with the activity line up of Lakeside Cinema, Paddle Battles, expanded SunsetLIVE! and would like to discuss (1) is the CASE Committee supportive of the proposed budget increase and (2) changing the larger concert component and/or potentially adjusting the event days/times with the goal of still activating over Labor Day Weekend. i.Increased $12,500 to fund headline and opening talent with more name recognition. ii.We saw approximately a 45% decrease in attendance at the Monday concert and question was it due to (1) name recognition of talent not enough to draw desired attendance (2) extremely hot weather and timing of event (3) more attractive offerings in peer communities. iii.Please consider pros/cons of the following for discussion: 1.No concert on Monday. 2.Concert on Friday or Saturday instead of Monday, currently Friday is Lakeside Cinema and Saturday is a non-event day. 3.Change nothing, two years of data does not equal trends. b.Background: During the September 2021 CASE Committee Meeting there was consensus in supporting all activation listed above and removal of the art festival component provided by a third-party producer. There was consensus among the Committee that we were “successful” in launching a new event brand and we should continue to grow the brand including band with name recognition. 3.Heart & Soul Festival: 2023 Proposed Budget with an increase = $74,397. a.Discussion: Is the CASE Committee supportive of the proposed budget increase? 970-748-4065 ddempsey@avon.org i.The most impactful increases are headline talent, having two opening bands, and the stage production (sound, light, stage, etc.), interactive art installations and ambient activities, advertising, marketing, and promotions. b.Background: The Heart & Soul Festival was identified during the CASE Committee’s work on the 10-Year Plan to become over time a bookend and namesake multiday festival. In the spring of this year, the Town was offered a chance to host an international acclaimed singer/songwriter reggae artist in September of this year and jumped on the unique opportunity. This resulted in a “soft launch” of the inaugural Heart & Soul Festival produced with savings in the event budget and contingency funds. Currently, the total projected production budget is approximately $68,000. The inaugural event takes place on Saturday, September 17th from 4:00 to 9:00 p.m. and like most events in Avon, is free to attend. Producing the event this year and next with the goal of the event being ticketed in 2024, allows us to gather data from attendees through surveying to help curate the music genres and talent line-up, develop ticket tiers and pricing models, and curate activations such as interactive art experiences. Additionally, we will see if enhancing stage production and venue design through video/lighting features is impactful to the guest experience, and capture video for future social campaigns, website, advertising, and promotion tactics, etc. and we will learn more about who our audience is. 4.Town Clean Up & Pop-Up Music: Currently not in the 2023 proposed budget = $10,900 ($2,100 and $8,800 respectively). a.Discussion: Is the CASE Committee supportive of removing funding? b.Background: i.Town Clean Up was removed mainly due to the outstanding work of the Public Operations Department in getting the Town cleaned up from winter impacts (landscaping, cinders, trash, etc.) and there is no longer a need to request assistance from the Avon community. ii.Pop Up Music was removed mainly to allocate funds towards other events such as AvonLIVE!, Heart & Soul Festival, etc. With that said, I recommend delaying future activation through special events, in the Main Street Mall (“MSM”) until a time when there is organic traffic and vibrancy through businesses. 5.Circus Colorado: Currently not in the 2023 proposed budget; historically funded = $35,000. a.Discussion: Is the CASE Committee supportive of removing funding? b.Background: After much discussion during the September 2021 CASE Committee Meeting, the Circus was included in the 2022 budget. With the caveat of the event being moved to the lower athletic field which would (1) have less impact visually to the main athletic field and (2) be adjacent to the AES and The Aspens and therefore easily visible to a specific segment of the Avon community. 970-748-4065 ddempsey@avon.org The 2021 Colorado Circus post event survey provides insight to the demographics of attendees and is attached and provided as Attachment C. Unfortunately, due to the high price of fuel this summer the producer cancelled the 2022 event. 6.Salute to the USA: 2023 Proposed Budget with an increase = $35,027. a.Discussion: The major questions for the CASE Committee are (1) should fireworks be included if not restricted by wildfire, drought, or other weather conditions (2) if the Town is not able to launch fireworks due to restrictions related to wildfire, drought or weather conditions that are foreseeable, should Staff be directed to provide an alternate activation such as laser show and/or drone show? It is important to note that due to increased costs in the pyrotechnics industry (fireworks, shipping, and supply chain delays), the same level of expense may not yield the same level of experience as years past. And the timing for the decision regarding launching fireworks or not, is critical to execute creative materials and marketing tactics, hire third party vendors for staffing, security, portable facilities equipment, resource recovery, etc. The most impactful increases include but are not limited to: i.Chain link fencing up $10,000 (from $13,000 to either $17,000 or $25,000 depending on fireworks being included). ii.Staff overtime up $5,000 iii.Kids Activation up $4,300 iv.Portable facilities up $3,000 b.Background: A full 2022 event recap see the Staff Report to Town Council dated August 17th, 2022, attached, and provided as Attachment D. i.As outlined in Attachment D, the most common feedback from those surveyed were (1) have fireworks, (2) mores kid’s activities, and (3) more or better music. ii.Since we did not launch fireworks this year, the savings were spent on (1) additional family friendly activities (i.e., photo booth, climbing wall and more inflatable features) (2) laser show including graphics on side of mountain, beams over the crowd and accompanying soundtrack (3) live painting experience with Pat Milbery final art piece (4) projection mapping of Enjoy Life! | Disfrute La Vida! Mural and (5) increased cost of top-level opening talent (Cory Wong). Additionally, Staff was provided direction to gather information and quotes for drone shows and did so in late February. For discussion, a summary of the information is provided below: i.A 100-drone performance of 10-12 minutes in length is $30,000; a 150-drone performance of 10-12 minutes in length is $45,000. ii.The cost is approximately $300 to $400 per drone. 970-748-4065 ddempsey@avon.org iii. One launch is between 10 and 12 minutes maximum. You can have two launches back-to-back with a 1-2 minute down time in-between. iv. Drone show is at approximately 400 feet in the air. v. They can choregraph to a musical score if we provide the score 45 days prior to the performance. 7. Winter Fireworks: This event is not in the 2023 Proposed Budget. Approximate expense = $88,900 - See Winter Fireworks Preliminary Budget attached as provided as Attachment E. a. Discussion: Is the financial expense impactful in terms of what is delivered to the community for (1) a full production (22-23 minutes) and/or (2) a smaller production (10-12 minutes)? b. Background: The Town did not launch or pay for fireworks this calendar year; and enters its final year of a multiyear agreement with Western Enterprises who provides all pyrotechnic product and production. The agreement states the Town must launch the display prior to February 24th of the following year. If the Town decides to not launch the display in 2023, the Town is required to pay a cancellation for of $13,500 which is what the Town did in 2021. During the September 2021 CASE Committee Meeting this same question was discussed resulting in a majority consensus for not producing a winter firework event (“July in January”) in 2022 and plan to strategically plan for fireworks / new event in January 2023 or beyond. 8. Concessions: In general, I am not comfortable providing final net revenue numbers with 100% accuracy, however, below is an estimate of gross revenue for each event or series: a. AvonLIVE! – Gross Revenue = $30,636.81; up from $16,865 last year b. Salute to the USA - Gross Revenue = $28,388; flat revenue but increased volume see Attachment D. c. Summer’s End Concert – Gross Revenue = $2,142; down from $5,735 last year. ARTS & CULTURE: The 2023 Proposed Budget remains flat at $44,000. 1. Alterations to the Art Around Avon temporary installation program to (1) enhance artist participation by including one-night hotel stay in Town, catered meal(s), one day to de-install and one day to install, and a 2-year exhibition period and (2) decrease the year-over-year costs. 2. Knox Galleries Bronze Sculptures: a. Discussion: Should the Town enter negotiations to purchase one or more of the nine (9) bronze sculptures owned by Knox Galleries? A list of the sculptures including title, Knox Galleries presented price and net desired price, location, etc. is attached and provided as Attachment F. i. Are all the pieces desired? ii. If so, which ones would CASE recommend purchasing? iii. If not, what becomes of the empty pedestals? iv. Would they be rolled into the Art Around Avon temporary installation program? 970-748-4065 ddempsey@avon.org b. Background: The Town was approached by Knox Galleries on June 30th, 2022, regarding the purchase of nine (9) Knox Galleries owed bronze sculptures some of which have been on exhibition in the Town since 1997. Staff was directed to secure an appraisal of the nine (9) bronze sculptures and present to the CASE Committee for discussion prior to presenting to Town Council. At the time of this report, the appraisal had not yet been received. FUTURE AGENDA ITEMS: 1. 2023 Proposed Budget and Council Work Session on September 27th 2. Town Produced Post-Event Debriefs 3. Third Party Producer Presentations and Funding ATTACHMENTS: Attachment A – 2022 vs 2023 Proposed Budget Comparison Attachment B – Draft 2023 Special Event Calendar Attachment C – 2021 Colorado Circus Demographic Report Attachment D – RPT Salute to the USA: Staff Report to Council Attachment E – Preliminary Budget Winer Fireworks Attachment F – Knox Galleries Owned Bronze Sculptures Thank you, Danita Proposed 2023 $993,649.02 Proposed 2023 $91,868.00 Proposed 2023 $901,781.02 Adopted 2022: April 27, 2022 $825,173.96 Adopted 2022: April 27, 2022 $79,675.00 Adopted 2022: April 27, 2022 $745,498.96 Difference $168,475.06 Difference $12,193.00 Difference $156,282.06 TOWN PRODUCED EVENTS TOTALS TOWN PRODUCED EVENTS TOTALS Egg Hunt 15,275.00$ Egg Hunt 15,275.00$ -$ Town Clean Up 2,100.00$ Town Clean Up -$ (2,100.00)$ Best of the West -$ Best of the West 1,800.00$ 1,800.00$ AvonLIVE! (10)167,769.00$ AvonLIVE! (11)221,509.92$ 53,740.92$ 32% increase SunsetLIVE! (14)22,850.00$ SunsetLIVE! (14)22,850.00$ -$ Pop Up Music (11) $ 8,800.00 Pop Up Music (11) $ - (8,800.00)$ Salute to the USA 258,560.96$ Salute to the USA 293,588.10$ 35,027.14$ 13% increase Lakeside Cinema (9)16,252.00$ Lakeside Cinema (9)18,821.00$ 2,569.00$ Paddle Battles 16,151.00$ Paddle Battlles 13,590.00$ (2,561.00)$ Sunset SUP Race (2)3,826.00$ Sunset SUP Race (2)3,639.00$ (187.00)$ Summer's End 37,549.00$ Summer's End 60,229.00$ 22,680.00$ 60% Increase Community Picnic 14,000.00$ Community Picnic 20,909.00$ 6,909.00$ Heart & Soul Festival 58,041.00$ Heart & Soul Festival 132,438.00$ 74,397.00$ 128% Increase TOWN PRODUCED EVENTS TOTAL:$621,173.96 TOWN PRODUCED EVENTS TOTAL:$804,649.02 183,475.06$ 29% Overall Expense Increase THIRD PARTY PRODUCED TOTALS THIRD PARTY PRODUCED TOTALS Ultimate Apres Avon 10,000.00$ Ultimate Apres Avon 10,000.00$ -$ Pride in the Park -$ Pride in the Park -$ Vail Valley Lacrosse -$ Vail Valley Lacrosse -$ -$ Vail Valley Brew-Au'32,000.00$ Vail Valley Brew-Au'32,000.00$ -$ Xterra Mtn. Champoinship -$ Xterra Mtn. Champoinship 10,000.00$ 10,000.00$ Dancing in the Park 30,000.00$ Dancing in the Park 30,000.00$ -$ Circus Colorado: Flynn Creek 35,000.00$ Circus Colorado: Flynn Creek -$ (35,000.00)$ Avon Art Celebration 3,000.00$ Avon Art Celebration 3,000.00$ -$ Vail Valley Soccer Cup -$ Vail Valley Soccer Cup -$ -$ Man of the Cliff 10,000.00$ Man of the Cliff 10,000.00$ -$ Contingency 40,000.00$ Contingency 50,000.00$ 10,000.00$ TOTAL THIRD PARTY & CONTINGENCY:160,000.00$ TOTAL THIRD PARTY & CONTINGENCY:145,000.00$ (15,000.00)$ 9% Decrease ART INSTALLATIONS TOTALS ART INSTALLATIONS TOTALS Temp. Art Installations 44,000.00$ Temp. Art Installations 44,000.00$ -$ Temp. and/or Permanent Art Installation -$ Temp. and/or Permanent Art Installation -$ -$ TOTAL ART INSTALLATIONS:44,000.00$ TOTAL ART INSTALLATIONS:44,000.00$ -$ GRAND TOTAL:$825,173.96 GRAND TOTAL:$993,649.02 168,475.06$ 20% Overall Increase EVENT SPONSORSHIP TOTALS EVENT SPONSORSHIP TOTALS Salute to the USA 16,000.00$ Salute to the USA 10,000.00$ (6,000.00)$ AvonLIVE! Series -$ AvonLIVE! Series -$ -$ Best of the West -$ Best of the West -$ -$ Summer's End -$ Summer's End -$ -$ Heart & Soul -$ Heart & Soul -$ -$ Sub -Total:16,000.00$ Sub -Total:10,000.00$ (6,000.00)$ EVENT CONCESSIONS EVENT CONCESSIONS Gross AvonLIVE! 16,875.00$ Gross AvonLIVE! 25,828.00$ 8,953.00$ Gross Salute to the USA 28,000.00$ Gross Salute to the USA 28,000.00$ -$ Summer's End 4,500.00$ Summer's End 4,500.00$ -$ Heart & Soul -$ Heart & Soul 4,500.00$ 4,500.00$ Sub -Total:49,375.00$ Sub -Total:62,828.00$ 13,453.00$ TURN-KEY PERMITS TURN-KEY PERMITS Other TBD 900.00$ Other TBD 1,200.00$ 300.00$ -$ Sub-Total:900.00$ Sub-Total:1,200.00$ 300.00$ SPECIAL EVENT FEES SPECIAL EVENT FEES Vendor Fees: Salute 4,600.00$ Vendor Fees: Salute 8,100.00$ 3,500.00$ Vendor Fees: Avon Live 2,000.00$ Vendor Fees: Avon Live 2,500.00$ 500.00$ Vendor Fees: Summer's End 300.00$ Vendor Fees: Summer's End 950.00$ 650.00$ Vednor Fees: Heart & Soul 300.00$ Vednor Fees: Heart & Soul 300.00$ -$ Bridge Banner Fees -$ Bridge Banner Fees -$ -$ Sound Permits 100.00$ Sound Permits 100.00$ -$ Paddle Battle Registration Fees 400.00$ Paddle Battle Registration Fees 400.00$ -$ SunsetSUP Registration Fees 250.00$ SunsetSUP Registration Fees 250.00$ -$ Sub -Total:7,700.00$ Sub -Total:12,600.00$ 4,900.00$ SPECIAL EVENT ADMISSION FEES SPECIAL EVENT ADMISSION FEES Ultimate Apres Avon 1,500.00$ Ultimate Apres Avon 800.00$ (700.00)$ Circus Bella -$ Circus Bella -$ -$ Vail Valley Brew Fest 2,200.00$ Vail Valley Brew Fest 2,200.00$ -$ Sub-Total:3,700.00$ Sub-Total:3,000.00$ (700.00)$ MOBILE VENDORS MOBILE VENDORS -$ Food Truck Program 175.00$ 175.00$ Sub-Total:-$ Sub-Total:175.00$ 175.00$ PAVILION RENTAL $2,000 PAVILION RENTAL $2,000 Sub-Total:$2,000 Sub-Total:$2,000 -$ FIELD RENTAL $0 FIELD RENTAL $240 Sub-Total:$0 Sub-Total:$240 240.00$ TOTAL PROJECTED REVENUE:79,675.00$ TOTAL PROJECTED REVENUE:91,868.00$ 12,193.00$ 15% Increase Variance Variance Variance Variance Variance Variance Variance Variance 2023 BUDGET REVENUE: PROPOSED 2022 BUDGET REVENUE: ADOPTED APRIL AMENDMENT ATTACHMENT A: 2022 VS 2023 PROPOSED BUDGET COMPARISION SUMMARY: 8.22.22 GROSS EXPENSE GROSS REVENUE NET 2022 VS 2023 PROPOSED BUDGET COMPARISON 2022 BUDGET EXPENSE: ADOPTED APRIL AMENDMENT 2023 BUDGET EXPENSE: PROPOSED Variance Variance Variance ATTACHMENT B-2023 Events Calendar January February March Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 2 3 4 5 6 7 1 2 3 4 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 19 20 21 22 23 24 25 29 30 31 26 27 28 26 27 28 29 30 31 April M May June Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 1 2 3 4 5 6 1 2 3 2 3 4 5 6 7 8 7 8 9 10 11 12 13 4 5 6 7 8 9 10 9 10 11 12 13 14 15 14 15 16 17 18 19 20 11 12 13 14 15 16 17 16 17 18 19 20 21 22 21 22 23 24 25 26 27 18 19 20 21 22 23 24 23 24 25 26 27 28 29 28 29 30 31 25 26 27 28 29 30 30 July August S September Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 1 2 3 4 5 1 2 2 3 4 5 6 7 8 6 7 8 9 10 11 12 3 4 5 6 7 8 9 9 10 11 12 13 14 15 13 14 15 16 17 18 19 10 11 12 13 14 15 16 16 17 18 19 20 21 22 20 21 22 23 24 25 26 17 18 19 20 21 22 23 23 24 25 26 27 28 29 27 28 29 30 31 24 25 26 27 28 29 30 30 31 October November December Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 2 3 4 5 6 7 1 2 3 4 1 2 8 9 10 11 12 13 14 5 6 7 8 9 10 11 3 4 5 6 7 8 9 15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 11 12 13 14 15 16 22 23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19 20 21 22 23 29 30 31 26 27 28 29 30 24 25 26 27 28 29 30 31 Event Type Legend Music Education Recreation Private Rental / APP Arts & Culinary MSM Activation Participatory & Athletic Field Maintenance 2+ colors for multiple Events/Venues Event: Dates, Names & Venue Details APRIL April 8 | Egg Hunt UF April __ | Avon’s Ultimate Après LAKEST. MAY JUNE June 3 | Pride in the Park** P, UF June 4, 11, 18, 25 | SunsetLIVE! T June 9 | Art Around Avon Walk A June 19, 26 | Dunk-N-Dash NB, NL, TR June 21, 28 | AvonLIVE! P, UF June 3, 10, 17, 24 | Yoga in the Park T June 8, 15, 22, 29 | OW Swim NB, NL June 18 | Daddy-Daughter Tutu 2K TR June 20 – 22 | Lacrosse* UF, LF JULY July 1,8,15,22,29| Yoga in the Park T July 5,12,19,26 | AvonLIVE! P, UF July 7,14, 21,28 | LS Cinema P, UF July 10,17,24,31 | Dunk-N-Dash NB, NL, TR July 21,22,23 | Avon Arts Celebration* UF July 28,29,30 | Avon Arts Celebration* UF July 3 | Salute to the USA P July 6, 13,20, 27 | OW Swim NL, NB July 9, 16, 23, 30 | SunsetLIVE! T July 14 | SunsetSUP! NL July ____ | Colorado Disc Dogs** UF AUGUST August 2, 9, 16, 23, 30 | AvonLIVE! P, UF August 3, 10 | OW Swim NL, NB August 5,12,19,26 | Yoga in the Park T August 7,14,21,28 | Dunk-N-Dash NB, NL August 12 13 | OW Swim Ch’ship NL, NB August 26 | Xterra**UF, NL, P August 3 | Dancing in the Park** P August 4, 11, 18, 25 | LS Cinema P August 6, 13, 20, 27 | SunsetLIVE! T August 12 | Vail Valley Brew-Au** P,UF August 18 | SunsetSUP! NL SEPTEMBER September 1 | LS Cinema P, UF September 3 | Paddle Battles NB, NL September 14 | Community Picnic UF September 3 | SunsetLIVE! T September 4 | Summer’s End P,UF September 16 | Heart & Soul P,UF OCTOBER October 7, 8 | Vail Valley Soccer** UF October 14,15 | Man of the Cliff** UF October 28 | Polar Plunge NL, T ** Third party produced event dates are subject to change Venue Legend Main Street Mall | MSM Pavilion | P Terrace | T All-town | A Trails | TR Lower Rec Field | LF Upper Rec Field | UF Nottingham Lake | NL Nottingham Beach | NB 2023 Public/Private Rentals Calendar January February March Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 2 3 4 5 6 7 1 2 3 4 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 19 20 21 22 23 24 25 29 30 31 26 27 28 26 27 28 29 30 31 April M May June Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 1 2 3 4 5 6 1 2 3 2 3 4 5 6 7 8 7 8 9 10 11 12 13 4 5 6 7 8 9 10 9 10 11 12 13 14 15 14 15 16 17 18 19 20 11 12 13 14 15 16 17 16 17 18 19 20 21 22 21 22 23 24 25 26 27 18 19 20 21 22 23 24 23 24 25 26 27 28 29 28 29 30 31 25 26 27 28 29 30 30 July August S September Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 1 2 3 4 5 1 2 2 3 4 5 6 7 8 6 7 8 9 10 11 12 3 4 5 6 7 8 9 9 10 11 12 13 14 15 13 14 15 16 17 18 19 10 11 12 13 14 15 16 16 17 18 19 20 21 22 20 21 22 23 24 25 26 17 18 19 20 21 22 23 23 24 25 26 27 28 29 27 28 29 30 31 24 25 26 27 28 29 30 30 31 October November December Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 2 3 4 5 6 7 1 2 3 4 1 2 8 9 10 11 12 13 14 5 6 7 8 9 10 11 3 4 5 6 7 8 9 15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 11 12 13 14 15 16 22 23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19 20 21 22 23 29 30 31 26 27 28 29 30 24 25 26 27 28 29 30 31 Event: Dates, Names & Venue Details MAY JUNE June 2 | EFEC P, UF June 17 | Wedding HOLDT JULY August October Circus Colorado Survey for Flynn Creek Circus in Avon, CO 2021 SurveyMonkey 9 / 15 0.00%0 0.00%0 2.33%2 13.95%12 79.07%68 4.65%4 Q6 Which race/ethnicity best describes you? (Please choose only one.) Answered: 86 Skipped: 0 TOTAL 86 #MULTIPLE ETHNICITY / OTHER (PLEASE SPECIFY)DATE 1 None 8/16/2021 2:20 PM 2 N/a 8/16/2021 7:52 AM 3 I don’t answer racial profiling questions. Never have.8/15/2021 3:08 PM 4 Black, French, Irish, German 8/14/2021 11:53 AM American Indian or... Asian / Pacific... Black or African... Hispanic White / Caucasian Multiple ethnicity /... 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES American Indian or Alaskan Native Asian / Pacific Islander Black or African American Hispanic White / Caucasian Multiple ethnicity / Other (please specify) ATTACHMENT C 970-748-4065 ddempsey@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Danita Dempsey, CASE Manager RE: Salute to the USA Post Event Report DATE: August 17, 2022 SUMMARY: This report contains a summary of Staff findings, observations and reporting as well as Intercept Survey data on the 36th annual Salute to the USA event, on July 3rd, 2022. This is submitted as a written report and no action by Council is requested. BACKGROUND: Avon’s hallmark and signature event Salute to the USA was held for the 36th year on Sunday, July 3rd, 2022. The event is well established and can draw upwards of 25,000 people to Harry A. Nottingham Park and surrounding areas. This year’s event did not include fireworks due to concerns about the wildfire potential outlook presented at the May 22nd, 2022, Avon Town Council Meeting. During the CASE Committee Meeting on May 19th Staff received a recommendation to include a laser and/or drone show to replace the fireworks element which was supported by the Town Manager. Additionally, to help ensure the event was well activated, Staff contracted for more family entertainment options which included a photo booth, climbing wall, and more inflatable features. POST EVENT REPORT: Overall, the event ran very smoothly with all departments working together to create a seamless guest experience. The number of guests through the gates is estimated at 18,534 (guest count in 2021 was approximately 8,300). Guests were clicked by volunteer personnel as they accessed the venue via four main entry points located at (1) between the Recreation Center and Library, (2) Lake Street South terminus, (3) Lake Street North terminus, and (4) pedestrian bridge near the playground. The crowd size in the venue, and on the roadways were more manageable than the volume we experience when fireworks are included. Intercept Insights, LLC surveyed the event via in-person intercept and QR code methods in both English and Spanish; nearly 25% of the responses were recorded in Spanish. Please note the number of guests Staff reported to Intercept Insights is lower than clicked at the gates to allow for some margin of error by personnel clicking guests. The survey report highlights are provided below, and the full survey report is provided as Attachment A. Furthermore, to provide the granular detail on accommodations by type and location, which is available on the digital survey dashboard but not on Attachment A; Staff has provided screenshots of this information attached as Attachment B. 1.Total completed surveys – 125 | 100 In-person Intercepts | 25 QR Code Completions 2.Sample size provides statistical validity with an error rate of 8.7% at a 95% confidence interval 3.Estimated attendance – 16,500 4.Estimated revenue generated to the Town of Avon - 2.7M 5.73% of the attendees came to Avon, CO specifically for the Salute to the USA 6.62% of the attendees had attended Salute to the USA in the past 7.“Word-of-mouth” and “Newspaper” were selected most when asked, “How did you hear about, and/or where did you see advertising for Salute to the USA?” 8.67% of the attendees staying in paid lodging stayed in Avon, CO 9.83% are “Very” or “Extremely Likely” to return in the future 10.Average nights stayed in paid lodging in Avon, CO – 5.5 11.Average group size of those lodging in Avon, CO – 2.1 12.Average age of respondents – 48.7 | Average age of children under 18 – 7.0 ATTACHMENT D Page 2 of 3 13. Estimated number of room nights generated in Avon – 4,113 14. Estimated average nightly rate in Avon - $430 Also, in the open-ended questions section of the survey participants were asked, “What can we do to increase your likelihood to recommend this event?” The most common responses were (1) have fireworks, (2) more kid’s activities, and (3) more or better music. And when asked “Is there one think we can do to enhance your experience in the future?” The most common responses were (1) better, more, or different types of music, (2) more food and beverage options, and (3) lower volume of music. The remainder of this report provides a brief list of what Staff believes functioned well, and areas identified as needing improvement and/or adjustment. Additionally, a detailed Final Post Event Brief arranged by (1) Operations & Logistics (2) Production & Talent (3) Security, Medical & Emergency Response (4) Sanitation & Resource Recovery (5) Marketing, Promotions & Communications; and (6) Transportation & Parking to allow for ease of organizing the information, the Final Post Event Brief is provided and attached as Attachment C. Additionally, a mini photo gallery is provided as Attachment D. Functioned Well: 1. Pedestrian foot traffic flow, entrances are in the right locations and guests accessed them evenly. 2. Talent was entertaining, put on a fantastic performance, and was a great fit for Avon. 3. Laser program instead of fireworks was well received and enjoyment depended on where you watched from. 4. Operations and coordination of laser show was less impactful than fireworks (no security, less staffing, less cost, no traffic stopped on I-70). 5. 30’ bars instead of 40’ allowed for more efficient operations, product was balanced and sold quickly, and guests enjoyed the low price point. 6. Expanded family activities with addition of a photo booth, climbing wall and more inflatables. 7. VIP hospitality operations were smooth, food was good and live painting experience was well received. 8. Pre-event cross Department all Staff meeting prepared personnel for their roles, responsibilities, and shifts. 9. Public Operations Works and Events Team stayed ahead of build schedule resulting in less staff time on Saturday, July 2nd 10. Promotions and advertising campaign on digital, social, and print gained more traction than prior years. 11. Staff working the event enjoyed the special surprise Salute to the USA branded socks. Areas for Improvement / Adjustment: 1. Additional Zero Hero stations for trash, recycle and composting. 2. Keeping Mikaela Way open did not ease traffic operations as expected and we should plan to again close Mikaela Way regardless of if there are fireworks. 3. Additional lighting in the venue, at points of egress and at sustainability sorting area. 4. Leaving the venue open during build creates potentially unsafe environment for park users. 5. The new “pass through gate” on the south side by the boat dock was challenging to manage. 6. Hire temporary labor to support cleanup efforts on July 4th. Page 3 of 3 FINANCIAL CONSIDERATIONS: The Approved 2022 Budget event expense is $258,560 and the actual year to date spend is $229,808; realizing a $28,752 savings. The Approved Budget event revenue projection is $48,600 and the actual year to date gross revenue is $36,100. Therefore, the net expense is $193,708. The decrease in revenue is directly correlated to the presenting sponsor backing out when fireworks were not happening. Although, alcohol sales were near identical to last year at $28,000 in gross sales the units sold is up by 47%, with 5,713 units sold this year compared to 3,856 units sold in 2021. Also, vendor booth sales were up from $4,600 in 2021 to $8,100 this year. Thank you, Danita Attachment A: Salute to the USA Survey Report Attachment B: Accommodations Filter by Type & Location Attachment C: Final Post Event Brief – Salute to the USA 2022 Attachment D: Photo Gallery Salute to the USA SALUTE TO THE USA SURVEY RESULTS JULY 2022 Prepared for: Town of Avon Prepared by: Intercept Insight, LLC PO Box 2078 Avon, CO 81620 970.331.1086 www.interceptinsight.com ATTACHMENT A OBJECTIVES The Town of Avon invested in a third party research company, Intercept Insight, LLC, to conduct intercept surveys during Salute to thte USA to help quanfy decisions and increase performance related to the event. With this insight, the Town is able to evaluate economic contribuons of the event, develop objecves to increase the overall performance, market effecvely, and provide sponsors with valuable data regarding the event. The Town of Avon idenfied several objecves for this study. Objecves: v A)endee details (e.g. reason for vising Avon, prior a)endance, loyalty) v Intent to return to the event v Quanfy recommendaons v Evaluate event performance v Esmate spending habits v Esmate revenue generaon v Understand media effecveness/awareness v Obtain demographical and geographical data v Determine accommodaons, nights stayed, town stayed in, etc. v Town of residence/Neighborhood SALUTE TO THE USA METHODOLOGY The Town of Avon and Intercept Insight designed a core set of quesons intended to meet the objecves of the study, including some event specific quesons. Once the survey was approved the quesons were programmed into a survey design tool and then uploaded to tablets. The surveys were then conducted in-person using the tablets to collect the data. In-person intercepts were conducted on July 3rd, 2022 throughout the event locaon. Surveyors were hired and trained to conduct the intercepts in a way so that a random representave sample of the populaon was being collected each day. Those surveyed must have been 18 years of age or older. A sample plan was designed, and a quota was met to ensure stascal validity. Once the quota were met, the data was downloaded using a stascal so8ware and prepared for analysis and reporng. The Town of Avon requested the survey to be translated to Spanish to ensure diversity within the sample, and a QR to be created to help increase the sample size. Nearly a quarter of the responses were recorded in Spanish. SALUTE TO THE USA HIGHLIGHTS v Total completed surveys – 125 | 100 In-person Intercepts | 25 QR Code Compleons v Sample size provides stascal validity with an error rate of 8.7% at a 95% confidence interval v Esmated a)endance – 16,500 v Esmated revenue generated to the Town of Avon - 2.7M v Net Promoter Score – 64 v Overall Sasfacon Score – 88 v 73% of the a)endees came to Avon, CO specifically for the Salute to the USA v 62% of the a)endees had a)ended Salute to the USA in the past v “Word-of-mouth” and “Newspaper” were selected most when asked, “How did you hear about, and/or where did you see adversing for Salute to the USA?” v 67% of the a)endees staying in paid lodging stayed in Avon, CO v 83% are “Very” or “Extremely Likely” to return in the future v Average nights stayed in paid lodging in Avon, CO – 5.5 v Average group size of those lodging in Avon, CO – 2.1 v Average age of respondents – 48.7 | Average age of children under 18 – 7.0 v Esmated number of room nights generated in Avon – 4,113 v Esmated average nightly rate in Avon - $430 SALUTE TO THE USA SALUTE TO THE USA FILTERS 2022 0K 5K 1.. 1.. 2.. 2.. 3.. . . . . . . . . . 16,500 $2,708,536 Attendance and Revenue Generation Year 2022 SALUTE TO THE USA FILTERS 2022 0% 20% 40% 60% 80% 100% 10% 15% 64% 74% Net Promoter Score Year 2022 Legend Promoters Net Promoter Score Passive Supporters Detractors Overall satisfaction Availability of food & beverages Quality of food & beverages Friendliness of staff Quality of the Entertainment 2022 2022 2022 2022 2022 0 20 40 60 80 100 88 88 92 94 88 Attribute Satisfaction Ratings SALUTE TO THE USA FILTERS Better music. I was expecting patriotic music or at least music I knew Big screens of stage in the back Continue free kids activities Don’t waste water & plastic by forcing me to throw away my water bottles for my entire family whiten I entered the event. How stupid. You are the ones not being environmentally responsible. Fireworks Fireworks not laser show What can we do to increase your likelihood to recommend this event? Year 2022 2022 Better music Fireworks Limit how load the music is More hip hop music More type of music More variety of music More vendors More vendors, less lines A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. Is there one thing we can do to enhance your experience in the future? SALUTE TO THE USA FILTERS Came for event Heard about it after arrival 2022 2022 0% 20% 40% 60% 80%73% 27% Reason for Visiting Avon Year 2022 Not at all Likely Not Very Likely Somewhat Likely Very Likely Extremely Likely 2022 2022 2022 2022 2022 0% 20% 40% 60% 3%3% 10% 28% 55% Intention to Return SALUTE TO THE USA FILTERS First year 2 years 3 years 4 years 5+ years 2022 2022 2022 2022 2022 0% 10% 20% 30% 40%38% 10%8%7% 38% Prior Attendance Year 2022 Self Spouse or significant other Family (including children)Family (not including children)Friends and Family Friends Only 2022 2022 2022 2022 2022 2022 0% 10% 20% 30% 12% 24% 29% 15%14% 6% With Whom Attended SALUTE TO THE USA FILTERS Yes No 2022 2022 0% 20% 40% 60% 80%75% 25% Are you with children < 18? Year 2022 1 Child 2 Children 3 Children 4 Children More than five children 2022 2022 2022 2022 2022 0% 10% 20% 30% 40% 30% 44% 11% 4% 11% Number of Children < 18 2022 0.0 2.0 4.0 6.0 8.0 10.0 7.0 Average Age of Children SALUTE TO THE USA FILTERS Email Instagram Poster Concierge Other Radio Newspaper Friends/Family Town of Avon Website Google Search Facebook Discover Avon Website Other Website 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50% 2% 4% 13% 3% 12% 7% 29% 31% 6%7% 14% Media/Awareness Year 2022 SALUTE TO THE USA FILTERS Primary Residence Paid Lodging Friends/Family 2nd Home Timeshare VRBO/AirBnB Day Trip Camping 2022 2022 2022 2022 2022 2022 2022 2022 0% 20% 40% 60%54% 12%9%7%6%6%4%1% Accommodations Year 2022 Avon Beaver Creek Eagle Vail Vail Breckenridge Keystone Leadville 2022 2022 2022 2022 2022 2022 2022 0% 20% 40% 60% 67% 12% 7%7% 2%2%2% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying SALUTE TO THE USA FILTERS 1 - 2 3 - 5 6 - 7 8 - 10 11 - 14 15+ 2022 2022 2022 2022 2022 2022 0% 10% 20% 30% 40% 50% 10% 46% 29% 7% 2% 5% Nights Stayed Categories (All Accommodations) Year 2022 2022 0.0 2.0 4.0 6.0 5.8 Average Nights Stayed (All Accommodations) SALUTE TO THE USA FILTERS Lodging Spend Dining Spend Vendor Spend Retail Spend Activities Spend 2022 2022 2022 2022 2022 $0 $2,000 $4,000 $3,275 $189 $86 $41 $73 Average Household Spend in Avon by Category Year 2022 2022 $0 $100 $200 $300 $400 $500 $430 Average Nightly Rate Generated in Avon 2022 0 1,000 2,000 3,000 4,000 4,113 Room Nights Generated in Avon SALUTE TO THE USA FILTERS 2022 1% 2% 7% 1% 2% 1% 1% 1% 1% 2% 1% 1% 1% 2% 73% 1% © 2022 Mapbox © OpenStreetMap Origin Year 2022 1%73% Percentage SALUTE TO THE USA FILTERS Colorado Texas Florida Arizona Chile England Georgia Kansas Massachusetts Mexico Minnesota Missouri Nevada New Jersey New Mexico North Carolina Ohio Utah Wyoming 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 0% 20% 40% 60% 80% 73% 7%2%1%1%2%1%1%1%2%2%1%1%1%1%2%1%2%1% States of Origin Year 2022 Local In-State Day In-State Overnight Out-of-State International 2022 2022 2022 2022 2022 0% 10% 20% 30% 40% 50% 54% 4% 15% 22% 4% Market Segment SALUTE TO THE USA FILTERS Avon Edwards Vail Eagle Vail Gypsum Eagle Minturn Redcliff Other (please specify) 2022 2022 2022 2022 2022 2022 2022 2022 2022 0% 10% 20% 30%27% 23% 16% 13% 10% 4%3%1%3% In which community do you live? Year 2022 East Core (valley floor east of Avon Road – Chapel Square) Hurd Lane/Eaglebend Mountain Star Northside – Metcalf and Nottingham Roads Nottingham Park/Lake Area Other (please specify) Village at Avon, Piedmont, Buffalo Ridge West Avon (valley floor west of Avon Elementary – Sunridge/Aspens/Liftview) Wildridge 2022 2022 2022 2022 2022 2022 2022 2022 2022 0% 5% 10% 15% 5% 11%11%11%11% 16% 5% 16%16% In which part of Avon do you live? SALUTE TO THE USA FILTERS Married w/ children living at home Married w/ children not living at home Married w/o children Single w/ children living at home Single w/ children not living at home Single w/o children Prefer not to answer 2022 2022 2022 2022 2022 2022 2022 0% 10% 20% 30% 33% 24% 17% 3%4% 16% 2% Family Status Year 2022 Own Rent Prefer not to answer 2022 2022 2022 0% 20% 40% 60% 80% 74% 21% 4% Own vs. Rent Primary Residence SALUTE TO THE USA FILTERS Some High School High School Some College Associates Degree (2 year) Bachelor's Degree (4 Year) Post Graduate Degree Prefer not to answer 2022 2022 2022 2022 2022 2022 2022 0% 20% 40% 60% 3% 15% 7%2% 47% 17% 7% Education Level Year 2022 Student $0-$24,999 $25,000-$54,999 $55,000-$74,999 $75,000-$99,999 $100,000-$199,999 $200,000-$499,999 $500,000+ Prefer not to answer 2022 2022 2022 2022 2022 2022 2022 2022 2022 0% 20% 40% 1%2% 9% 2% 7% 17%14% 6% 42% Income Categories SALUTE TO THE USA FILTERS Female Male Prefer not to answer 2022 2022 2022 0% 20% 40% 60% 45% 54% 1% Gender Year 2022 White/Caucasian Hispanic/Latinx Black/African American Asian Native American/American Indian Native Hawaiian/Pacific Islander Other (please specify) Prefer not to answer 2022 2022 2022 2022 2022 2022 2022 2022 0% 50% 100% 64% 26% 2%2%2% Ethnicity 25 - 34 35 - 44 45 - 54 55 - 64 65+ 2022 2022 2022 2022 2022 0% 10% 20% 30% 13% 29% 21%20%18% Age Categories 2022 0.0 10.0 20.0 30.0 40.0 50.0 48.7 Average Age SALUTE TO THE USA FILTERS Outdoor Enthusiast (camping, hunting, fishing) Traveler Wine & Foodie Sports Enthusiast (hiking, biking, skiing) Health & Fitness Home Enthusiast (gardening, pet owner, avid reader) Tech Enthusiast Investment & Money Hobbies & Interests (collector, crafts, home shop) Craft Beer Enthusiast Arts Enthusiast (music, dance, Theatre) Live Music Enthusiast Other (specify) 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 45% 39%38% 34% 19% 14% 3% 11% 15% 26% 21% 30% 2% Lifestyle Categories Year 2022 Accommodations Filters: Paid Lodging ATTACHMENT B Accommodations Filters: Friends & Family Accommodations Filters: 2nd Homes Accommodations Filters: Timeshare ATTACHMENT C - SALUTE TO THE USA 2022 - POST-EVENT BRIEF EVENT OVERVIEW EVENT NAME DAY/DATE AND TIMES PRODUCER Salute to the USA Sunday, July 3rd, 2022 Start Time: 5:00pm End Time: 10:30pm ☒ Town Produced ☐ 3rd party _______________ LOCATION ESTIMATED ATTENDANCE/FREE OR TICKETED WEATHER DURING EVENT Harry A. Nottingham Park and Avon Performance Pavilion 18,534 people came through four main gates: A. REC/LIB: 5,000 B. LAKE ST. SOUTH: 4,731 C. LAKE ST. NORTH: 4,387 D. PED BRIDGE: 4,416 Temp: High 82 Low 58 Wind: Wind was minimal Rain/Snow: Sprinkled rain before doors Weather was beautiful, great temperature with some cloud coverage BRIEF EVENT DESCRIPTION We invite you to take part in the family friendly festivities in Harry A. Nottingham Park with face painters, holiday themed stilt walkers, balloon sculptors, magicians, inflatable fun houses and so much more! Bring your blanket and enjoy festival style food favorites from fresh squeezed lemonade and funnel cakes to mini-donuts and roasted ears of corn. Live music is sure to keep you dancing and singing, followed by a state of the art, awe inspiring laser show lighting up Nottingham Park and nearby hillside! Opener: Cory Wong takes the stage at 6:00 p.m. Headliner: Galactic featuring Anjelika 'Jelly' Joseph EVENT DETAILS EXPENSE BUDGET REVENUE GENERATED ALCOHOL SERVED APPROVED BUDGET = $258,560 ACTUAL SPEND = $229,808 NET EXPENSE = $193,708 $36,100 Gross GROSS ALCOHOL SALES = $28,000 VENDOR SPACE = $8,100 ☒ Yes, Town Served ☐ Yes, BYOB ☐ Yes, S.E. Permit ☐ No STAFF OBSERVATI0NS/RECOMMENDATIONS Overall, the event ran very smoothly with all departments working together to create a seamless guest experience. The number of guests through the gates, in the venue, and on the roadways were more manageable than the volume we experience when fireworks are included. The Intercept Survey finds that guests were disappointed there were not fireworks. Highlight - Functioned Well: 1. Pedestrian foot traffic flow, entrances are in the right locations and guests accessed them evenly. 2. Talent was entertaining, put on a fantastic performance, and was a great fit for Avon. 3. Laser program instead of fireworks were well received and enjoyment depended on where you watched from. 4. Operations and coordination of laser show was less impactful than fireworks (no security, less staffing, less cost, no traffic stopped on I-70). 5. 30’ bars instead of 40’ allowed for more efficient operations, product was balanced and sold quickly, and guests enjoyed the low price point. 6. Expanded family activities with addition of a photo booth, climbing wall and more inflatables. a. Family Zone reported 3,500 kids came through 7. VIP hospitality operations were smooth, food was good and live painting experience was well received. 8. VIP rsvp not being required significantly reduced the staff administration time. 9. Communications on the same radios (800 MHz) and channel between departments and Incident Command worked well with small periods of time where volume was extreme. 10. Pre-event cross department all staff meeting prepared personnel for their roles, responsibilities, and shifts. 11. Planning documents provided clear direction regarding build timelines, asset placement, vendors, and power needs. 12. Public Operations Works and Events Team stayed ahead of build schedule resulting in less staff time on Saturday, July 2nd 13. Promotions and advertising campaign on digital, social, and print gained more traction than prior years. A full events marketing report will be presented later in the season. 14. American Fencing Company sent two crews for both build and strike which was done in one day each instead of two. 15. Staff working the event enjoyed the special surprise Salute to the USA branded socks. 16. Requesting staff to volunteer to work a shift in exchange for additional PTO 17. Food vendors stated they did “very well.” Page 2 Highlight - Areas for Improvement/Adjustment: 1. Additional Zero Hero stations for trash, recycle and composting. 2. Keeping Mikaela Way open did not ease traffic operations as expected and we should plan to again close Mikaela Way regardless of if there are not fireworks in 2023. 3. Secure chain link fence at restroom building / playground. 4. Rent golf carts as the four (4) in Public Operations is not enough to accommodate staff and materials being moved during build and strike. 5. Additional lighting in the venue, at points of egress and at sustainability sorting area. 6. Secure the outside workout area in the park with more caution tape, repaired gate, and security personnel. a. Include closure of this area in the event impact notice. 7. Train staff who are not used to using radios on protocols for potentially emergent and/or volatile situations. 8. Leaving the venue open during build creates potentially unsafe environment for park users. 9. The new “pass through gate” on the south side by the boat dock was challenging to manage. Look at ways to improve. 10. Family Zone designate inflatables specifically for ages three and under. 11. Hire temporary labor to support cleanup efforts on July 4th. Operations & Logistics: 1. Staffing: a. Public Operations being short staff created a long day for staff working the event. b. Increase personnel at the Lake St. traffic; three (3) total. c. Use professional security at stage access points instead of TOA personnel. d. Innovative Team Partners, which is an event staffing company, was hired to assist with beverage disbursement, on-site directional signage, and sponsor banners. This was helpful and exposed the need to provide clearer written directions supported by pictures. e. Offering all Town staff, the opportunity to volunteer to work with the additional 8 hours of PTO, provided 19 staff who would not have otherwise had to work the event (i.e., Public Operations. Police, Transit and Events) 2. Power: a. Ordered two (2) additional turtle power boxes from third party vendor to support Family Zone and food vendors. b. May not need the 75KW generator on the north side with the installation of power near the outdoor gym. c. Fine tune communications with vendors regarding when power is available pre and post event. 3. VIP Area: a. 88 individuals representing 249 credentials were on the VIP invite list and 136 credentials were picked up; 100 VIP parking passes were made available and 29 of them were picked up. b. Better communications with staff at VIP check in location regarding no need to check people name on lists. c. Consider adding a punch to the VIP credential noting the credential has been used as there were credentials being passed around to multiple people. d. The live art was well received and incredibly fun to have as “entertainment” for VIP guests. The piece is now on display at the Recreation Center. 4. Bar: a. Gross revenue was $28,388 compared to 28,424 gross revenues in 2021 b. Sold 5,713 units of product compared to 3,856 units in 2021 representing a 47% volume increase c. Beer was the top product category followed by canned cocktails, non-alcoholic, seltzer and wine d. There were lines at the bars but no wait times that caused concern. e. New best practice with events is no wristbands issued after checking of ID’s, this caused consumer frustration about having their ID checked multiple times. f. Consider placing staff/volunteers in bar lines to check IDs would be beneficial and/or having signage stating, “ID Required.” g. Non-uniformed Eagle County Sheriff interacted with a staff person and stated that “…was happy about getting asked for his ID…” h. Ensure the pre-event Bar Team meeting covers protocols/policy regarding cutting people off and/or looking for signs of intoxicated people. 5. Vendors: a. We had more vendors this year (15) than in 2021 (10) however, we could use 5-8 more. b. The lines and wait times were long. c. Back of house for vendors is messy and difficult to manage. d. Consider using scrim on chain-link and/or barricade fencing to better conceal from guest. e. Add vendor row security personnel back into budget to discourage public from accessing back of house area. Page 3 f. Check for gaps between vendors and/or provide fencing to discourage public from accessing back of house for restrooms and seating. g. If space allows, increase number of parking passes each vendor receives. Many vendors pass around their parking passes to shuttle staff and supplies to the venue. h. Continue to encourage vendors to pick up passes early and/or mail out if possible. Day of vendor pass pick up is difficult to manage. Production & Talent: 1. Avon was fortunate to get two (2) top-tier bands who provided both fantastic performances. 2. Talent was acquired and production advanced by Peak Performance. 3. Kaleidoscope provided all stage production (sound, lights, and backline). 4. Create “Artist Credentials” to eliminate confusion at access points to stage including Terrace and VIP area (VIP guests used restroom in Green Room). 5. Arrival of headliner on July 3rd at 3:00 p.m. in Denver was stressful, and luckily there were no traffic issues on I-70 and the band arrived on time. 6. Remember to have artists sign event posters for mementos. Security, Medical, & Emergency Response: 1. Minimal incidents reported, one individual removed from the venue and 7 lost children quickly reunited with parents/guardians. 2. Inviting Avon PD to present at the all-staff pre-event meeting was beneficial for TOA staff who is not used to the event environment with over 10,000 people. 3. Request Avon PD assistance with training staff who are not used to using radios on protocols for potentially emergent and/or volatile situations and highlight in planning documents provided to staff. 4. Constant communication with private security regarding scope of work, personnel placement, parking access and behavior. 5. Remember to use prohibited signage that includes no bikes. Sanitation & Resource Recovery: 1. The number of standard portlets (65), ADA (5), handwashing stations (10), VIP trailer (1) and grey water disposal (2) was adequate and near capacity in some locations. 2. The portlet units on the north side were locked prior to the event which caused some frustration for general park users. 3. The portlet units at the Family Zone received the most use and the units near the outdoor gym received the least use. 4. Consider adding pole flags stating “Restrooms” for more awareness as to location of restrooms. 5. Remember to close the public restroom building in the morning as it became unsightly and unsanitary by early evening. 6. More Zero Hero stations are needed and reimplement using the “Reduce, Reuse, Recycle” banners for more awareness as to locations. 7. Walking Mountains did an excellent job removing so much trash after the event. Marketing, Promotions & Communications: 1. Promotions and advertising campaign on digital, social, and print gained more traction than prior years. Examples of marketing materials are provided on pages 5-6. a. Three (3) ½ page print ads in Vail Daily b. Vaildaily.com digital marquees (2) c. Facebook DID campaign d. Bands in Town social media campaign e. Facebook and Instagram boosted ads and increased social posts for the event, posting the week before and every day during event week. f. KZYR 150 :60 radio spots, 150 pre-recorded promos, 100 DJ mentions and the Last DJ on Friday, July 1 g. 20 Avon Road light pole banners for 28 days h. 150 event posters i. Bus driver talking points j. Three (3) event press releases sent on May 26, June 1, and June 29 k. A full summer events marketing report will be presented later in the year 2. Increase awareness regarding plastic-free venue and for guests to bring an empty non-plastic vessel for water. 3. Consider creating on-site signage with schedule of events posted near stage and entrances. 4. Signage at entrances and photo booth encouraging social posts and providing “Avon” hashtags worked well. Transportation & Parking: 1. Buses / Town Shuttle / Ride Share / Bikes: Page 4 a. Special Event Shuttle total one-way trips provided: 751 i. Locations: Elk and Bear parking lots, Freedom Park, Eagle-Vail Community Center, and Walmart ii. Elk and Bear parking lots were the busiest followed by Freedom Park in Edwards b. 42% increase ridership over June averages. c. Kept Night Rider open for service d. Guests called to request service available until 11:00 p.m. e. Total Hours Buses were in service: 19 f. More communication regarding where ride share services are located to drop off and pick up g. Signage needs to include language regarding no bike in the venue. h. Need to identify where bikes can park and partner with organization who can provide “bike valet” service. 2. Parking: a. VIP and vendor parking does not fill up and will consider removing VIP parking and adjusting vendor parking. b. ADA parking was over spaces identified as ADA with approximately 30-40 vehicles. i. Need space for vans which need full ADA access. 3. Traffic: a. Mikaela Way being open to the public caused a safety concern with pedestrian and vehicle cross traffic. Should remained closed to all traffic in 2023. Future Ideas: 1. Expanding venue to include Rec Center North lot for either food vendors or art activations 2. Schedule Blue Angles or Air Forces fly over for 2023. 3. Distribute branded Nalgene’s or steel water vessels. 4. Use of up lighting in the park to provide ambient and safety lighting. 5. Remove VIP parking and communicate shuttle service or other transportation options. Page 5 ¼ Page Print Advertising Event Poster MARKETING MATERIAL Page 6 Page 7 Light Pole Banners Attachment D August 17, 2022 ATTACHMENT DPhoto Gallery Salute to the USA 2022 Thank You Expense Account Number Total Projected Expenses Budget Detail Overtime Wages Public Works & Police 61151 $ 3,500.00 Sub-Total: $ 3,500.00 Audio Visual 63305 Sound Engineer/Labor $ 7,500.00 For fireworks choregraphed music projection/simulcast Sub-Total: $ 7,500.00 Security Services 63306 Colorado Rangers -$ Guest Officers $ - Professional Security $ 5,400.00 Firework fall out zone security; apprx. 120 man hours @45 per Sub-Total: $ 5,400.00 Rentals Traffic & Crowd Control 63606 Beaver Creek Parking Lots $ - Light Towers $ 2,200.00 4 light towers, 1 forklift Chain Link Fencing $ 17,000.00 Sub-Total: $ 19,200.00 Portable Facilities 63607 Waste Management $ 1,000.00 One 20-yard for fall out zone debris Sub-Total: $ 1,000.00 Purchased & Other Contracted Services 63999 Temporary Labor $ 2,000.00 If weather incident and PW gets pulled to plow Fireworks Contract 45,000.00$ Pyro design, choregraphy and execution; Creative Services $ 1,800.00 Creative design services for marketing / promotions Photograpy: Still $ 1,500.00 Still imagery and drone Sub-Total: $ 50,300.00 Advertising & Other Legal Notices 64901 Mixed Media $ 2,000.00 Vail Daily, Weekly, Facebook and Insta, Radio, etc. Sub-Total: $ 2,000.00 TOTAL:88,900.00$ ATTACHMENT E - 2023 PRELIMINARY BUDGET: Winter Fireworks Event Date: Saturday or Sunday January 14 or 15 / 6:00 p.m. to 8:00 p.m. 2022 Adopted Budget Expense Proposed 2023 Budget 293,633.10$ 2022 Actuals Variance 2022 vs 2023 35,072.14$ 2022 Savings Percentage Increase 2022 vs 2023 13.56% 2022 Adopted Budget Revenue 2023 Proposed Budget Revenue 46,100.00$ 2022 Actuals Variance 2022 vs 20231 (2,500.00)$ 2022 Net Expense Actuals 2023 Proposed Net Expense 247,533.10$ Expense Categories 2022 Adopted Budget 2022 Actuals 2022 Over / Under 2023 Proposed Budget Variance: 2022 vs 2023 Overtime Wages $ 15,000.00 $ 14,357.31 $ (642.69) $ 20,000.00 $ 5,000.00 S.E. Materials & Supplies $ 900.00 $ 1,004.74 $ 104.74 $ 1,100.00 $ 200.00 Food & Beverage 11,565.00$ $ 11,111.19 $ (453.81)11,565.00$ -$ Concessions: Cost of Goods $ 10,000.00 $ 8,950.00 $ (1,050.00) $ 10,000.00 $ - Other Professional Services $ 6,900.00 $ 11,000.00 $ 4,100.00 $ 11,200.00 $ 4,300.00 Printing & Reproduction $ 3,450.00 $ 4,491.10 $ 1,041.10 3,801.00$ 351.00$ Audio Visual $ 18,500.00 $ 18,349.50 $ (150.50) $ 18,450.00 $ (50.00) Security Services 32,347.50$ $ 15,315.00 $ (17,032.50) $ 36,645.00 $ 4,297.50 Rentals Traffic & Crowd Control $ 15,000.00 $ 15,629.35 $ 629.35 25,629.35$ 10,629.35$ Portable Facilities 12,241.86$ $ 15,285.82 $ 3,043.96 $ 15,640.00 $ 3,398.14 Other Misc. Rentals: Equipment POS 3,150.00$ $ - $ (3,150.00) $ 3,150.00 $ - Purchased & Other Contracted Services 125,415.00$ $ 107,133.73 $ (18,281.27)131,515.00$ 6,100.00$ Permits & Licensing 155.00$ $ 100.00 $ (55.00) $ 200.00 $ 45.00 Sales Tax 1,821.60$ $ 2,166.66 $ 345.06 $ 2,200.00 $ 378.40 CC Fee's 615.00$ $ 677.04 $ 62.04 680.00$ 65.00$ Advertising & Other Legal Notices $ 1,500.00 $ 1,857.75 $ 357.75 $ 1,857.75 $ 357.75 TOTAL:258,560.96$ 227,429.19$ (31,131.77)$ 293,633.10$ 35,072.14$ 1Increase alcohol pricing at Salute to the USA ATTACHMENT H 190,941.19$ 227,429.19$ (31,131.77)$ 48,600.00$ 36,488.00$ NO FIREWORKS FIREWORKS 2022 Budget Performa: Salute to the USA 2023 Proposed Budget: Salute to the USA 258,560.96$ 2023 Proposed Budget 3,200 Linear Feet 3,000 Linear Feet Expense Program Length: 22-23 Minutes Program Length: 10- 12 Minutes Program Length: 10- 12 Minutes Overtime Wages $ 20,000.00 $ 20,000.00 $ 20,000.00 Sub-Total: $ 20,000.00 $20,000.00 $20,000.00 S.E. Materials & Supplies Green Room Support $ 300.00 $ 300.00 $ 300.00 VIP Decorations $ 400.00 $ 400.00 $ 400.00 Laynards & Other $ 400.00 $ 400.00 $ 400.00 Sub-Total: $ 1,100.00 $ 1,100.00 $ 1,100.00 Food & Beverage Police Catering $ 770.00 $ 770.00 $ 770.00 VIP Catering $ 6,000.00 $ 6,000.00 $ 6,000.00 Staff/Volunteers Food & Beverage $ 1,400.00 $ 1,400.00 $ 1,400.00 Ice $ 1,895.00 $ 1,895.00 $ 1,895.00 Artist / Talent Buy Out or Catering $ 1,500.00 $ 1,500.00 $ 1,500.00 Sub-Total: $ 11,565.00 $ 11,565.00 $ 11,565.00 Concessions: Cost of Goods Concessions: Cost of Goods $ 10,000.00 $ 10,000.00 $ 10,000.00 Sub-Total: $ 10,000.00 $ 10,000.00 $ 10,000.00 Other Professional Services Kid's Activation & Entertainment $ 11,000.00 $ 11,000.00 $ 11,000.00 Emcee Services 200.00$ 200.00$ 200.00$ Sub-Total: $ 11,200.00 $ 11,200.00 $ 11,200.00 Printing & Reproduction Light Pole Banners 2,400.00$ 2,400.00$ 2,400.00$ Posters 176.00$ 176.00$ 176.00$ Parking Passes 725.00$ 725.00$ 725.00$ On-Site Directional Signage 500.00$ 500.00$ 500.00$ Sub-Total: $ 3,801.00 $ 3,801.00 $ 3,801.00 ATTACHMENT I - FIREWORKS PROGRAM OPTIONS & COST ESTIMATES Page 1 of 3 2023 Proposed Budget 3,200 Linear Feet 3,000 Linear Feet Expense Program Length: 22-23 Minutes Program Length: 10- 12 Minutes Program Length: 10- 12 Minutes ATTACHMENT I - FIREWORKS PROGRAM OPTIONS & COST ESTIMATES Audio Visual Sound, Lighting Engineer, & Other Labor $ 6,750.00 $ 6,750.00 $ 6,750.00 Sound, Light Production: Opener & Headliner $ 9,400.00 $ 9,400.00 $ 9,400.00 Backline Opening & Headliner $ 2,300.00 $ 2,300.00 $ 2,300.00 Sub-Total: $ 18,450.00 $ 18,450.00 $ 18,450.00 Security Services Colorado Rangers $ 5,000.00 $ 5,000.00 $ 5,000.00 Guest Officers $ 15,715.00 $ 15,715.00 $ 15,715.00 Professional Security $ 15,930.00 $ 15,930.00 $ 15,930.00 Sub-Total: $ 36,645.00 $ 36,645.00 $ 36,645.00 Rentals Traffic & Crowd Control Beaver Creek Parking Lots $ 200.00 $ 200.00 $ 200.00 Light Towers $ 2,229.35 $ 2,229.35 $ 2,229.35 Chain Link Fencing $ 23,000.00 $ 21,152.00 $ 19,830.00 Sub-Total: $ 25,429.35 $ 23,581.35 $ 22,259.35 Portable Facilities Vail Honeywagon $ 11,300.00 $ 11,300.00 $ 11,300.00 Waste Management $ 3,340.00 $ 3,340.00 $ 3,340.00 Evergreen Zero Waste $ 1,000.00 $ 1,000.00 $ 1,000.00 Sub-Total: $ 15,640.00 $ 15,640.00 $ 15,640.00 Other Misc. Rentals: Equipment POS Rental $ 3,150.00 $ 3,150.00 $ 3,150.00 Shipping $ - $ - $ - Sub-Total: $ 3,150.00 $ 3,150.00 $ 3,150.00 Purchased & Other Contracted Services Temporary Labor $ 8,000.00 $ 8,000.00 $ 8,000.00 Fireworks Production 45,000.00$ 25,000.00$ 25,000.00$ Resource Recovery 5,000.00$ 5,000.00$ 5,000.00$ Page 2 of 3 2023 Proposed Budget 3,200 Linear Feet 3,000 Linear Feet Expense Program Length: 22-23 Minutes Program Length: 10- 12 Minutes Program Length: 10- 12 Minutes ATTACHMENT I - FIREWORKS PROGRAM OPTIONS & COST ESTIMATES Headlining Talent $ 45,000.00 $ 45,000.00 $ 45,000.00 Opening Talent $ 15,000.00 $ 15,000.00 $ 15,000.00 Talent Lodging $ 3,500.00 $ 3,500.00 $ 3,500.00 Creative Services $ 800.00 $ 800.00 $ 800.00 Drone & Photography $ 1,500.00 $ 1,500.00 $ 1,500.00 Support Infastructure $ 3,000.00 $ 3,000.00 $ 3,000.00 Medical $ 715.00 $ 715.00 $ 715.00 Survey $ 4,000.00 $ 4,000.00 $ 4,000.00 Sub-Total: $ 131,515.00 $ 111,515.00 $ 111,515.00 Permits & Licensing ERFPD - Inspection Permit $ 100.00 $ 100.00 $ 100.00 Environmental Health Dept. $ 100.00 $ 100.00 $ 100.00 Sub-Total: $ 200.00 $ 200.00 $ 200.00 Sales Tax 2,200.00$ 2,200.00$ 2,200.00$ Sub-Total: $ 2,200.00 $ 2,200.00 $ 2,200.00 CC Fee's 680.00$ 680.00$ 680.00$ Sub-Total: $ 680.00 $ 680.00 $ 680.00 Advertising & Other Legal Notices Mixed Media $ 1,857.75 $ 1,857.75 $ 1,857.75 Sub-Total: $ 1,857.75 $ 1,857.75 $ 1,857.75 TOTAL:293,433.10$ 271,585.10$ 270,263.10$ Page 3 of 3 AvonLIVE! SURVEY RESULTS SUMMER 2022 Prepared for: Town of Avon Prepared by: Intercept Insight, LLC PO Box 2078 Avon, CO 81620 970.331.1086 www.interceptinsight.com ATTACHMENT I OBJECTIVES The Town of Avon invested in a third party research company, Intercept Insight, LLC, to conduct intercept surveys during AvonLIVE! to help quan fy decisions and increase performance related to the event. With this insight, the Town is able to evaluate economic contribu ons of the event, develop objec ves to increase the overall performance, market effec vely, and provide sponsors with valuable data regarding the event. The Town of Avon iden fied several objec ves for this study. Objec ves: v A*endee details (e.g. reason for visi ng Avon, prior a*endance, loyalty) v Intent to return to the event v Quan fy recommenda ons v Evaluate event performance v Es mate spending habits v Es mate revenue genera on v Understand media effec veness/awareness v Obtain demographical and geographical data v Determine accommoda ons, nights stayed, town stayed in, etc. v Town of residence/Neighborhood AvonLIVE! METHODOLOGY The Town of Avon and Intercept Insight designed a core set of ques ons intended to meet the objec ves of the study, including some event specific ques ons. Once the survey was approved the ques ons were programmed into a survey design tool and then uploaded to tablets. The surveys were then conducted in-person using the tablets to collect the data. In-person intercepts were conducted during each AvonLIVE! concert. Surveyors were hired and trained to conduct the intercepts in a way so that a random representa ve sample of the popula on was being collected each day. Those surveyed must have been 18 years of age or older. A sample plan was designed, and a quota was met to ensure sta s cal validity. Once the quota were met, the data was downloaded using a sta s cal so6ware and prepared for analysis and repor ng. AvonLIVE! HIGHLIGHTS v Total completed surveys – 334 | 280 In-person Intercepts | 54 QR Code Comple ons v Sample size provides sta s cal validity with an error rate of 5.3% at a 95% confidence interval v Es mated a*endance – 9,170 v Es mated revenue generated to the Town of Avon - 876K v Net Promoter Score – 79 v Overall Sa sfac on Score – 95 v 60% of the a*endees came to Avon, CO specifically for AvonLIVE! v 61% of the a*endees had a*ended AvonLIVE! in the past v “Newspaper” and “Word-of-Mouth” were selected most when asked, “How did you hear about, and/or where did you see adver sing for AvonLIVE!?” v 85% of the a*endees staying in paid lodging stayed in Avon, CO v 89% are “Very” or “Extremely Likely” to return in the future v Average nights stayed in paid lodging in Avon, CO – 5.5 v Average group size of those lodging in Avon, CO – 4.6 v Average age of respondents – 47.1 | Average age of children under 18 – 6.9 v Es mated number of room nights generated in Avon – 1,662 v Es mated average nightly rate in Avon - $236 AvonLIVE! AvonLIVE! FILTERS 2022 0K 2K 4K 6K 8K 1.. 1.. 1.. . . . . . . . . . . . 9,170 $876,263 Attendance and Revenue Generation Year 2022 AvonLIVE! FILTERS 2022 0% 20% 40% 60% 80% 100% 2% 16% 79% 81% Net Promoter Score Year 2022 Legend Promoters Net Promoter Score Passive Supporters Detractors Overall satisfaction Availability of food & beverages Quality of food & beverages Friendliness of staff Quality of the Entertainment 2022 2022 2022 2022 2022 0 20 40 60 80 100 95 90 91 96 95 Attribute Satisfaction Ratings AvonLIVE! FILTERS Allow outside beer Better bands Better music Bring stones in Free booze It would be great if the band started at 5 pm instead of 530 since that was what was advertised. Knowing more people who come out to Avon. larger dog friendly area let bring own ahcole More bands I like in the line-up more food choices for dinner More food options More food options! More food variety More food vendors More shading More vendors N/a Post it at all of the condos Schedule in advance What can we do to increase your likelihood to recommend this event? Year 2022 Allow outside drinks and more food trucks Better food and music check with public about what bands they like fireworks dancer more kid friendly activities Hard cider choice and more Bluegrass. Maybe have a Bluegrass series and also a cover-band series on alternate weeks. Have the runaway grooms play every week :) More food options N/a No Sunglasses so not looking into the sun Is there one thing we can do to enhance your experience in the future? AvonLIVE! FILTERS Came for event Heard about it after arrival 2022 2022 0% 20% 40% 60%60% 40% Reason for Visiting Avon Year 2022 Not at all Likely Not Very Likely Somewhat Likely Very Likely Extremely Likely 2022 2022 2022 2022 2022 0% 20% 40% 60% 1%2% 8% 35% 54% Intention to Return AvonLIVE! FILTERS One Concert Two Concerts Three Concerts Four Concerts Five Concerts Six Concerts Seven Concerts Eight Concerts Nine Concerts Ten Concerts 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 0% 10% 20% 30% 40%36% 13% 16% 11% 7%5% 1% 4% 0% 6% Concert Attendance Year 2022 2022 0.0 1.0 2.0 3.0 2.5 Average Age AvonLIVE! FILTERS First year 2 years 3 years 4 years 5+ years 2022 2022 2022 2022 2022 0% 10% 20% 30% 40%39% 15% 11% 4% 31% Prior Attendance Year 2022 Self Spouse or significant other Family (including children)Family (not including children)Friends and Family Friends Only Group 2022 2022 2022 2022 2022 2022 2022 0% 10% 20% 30% 40% 50% 17% 46% 13% 3% 9%11% 1% With Whom Attended AvonLIVE! FILTERS Yes No 2022 2022 0% 20% 40% 60% 80% 100%91% 9% Are you with children < 18? Year 2022 1 Child 2 Children 3 Children 4 Children 5 Children 2022 2022 2022 2022 2022 0% 20% 40% 60% 26% 56% 8%8% 3% Number of Children < 18 2022 0.0 2.0 4.0 6.0 8.0 6.9 Average Age of Children AvonLIVE! FILTERS Email Instagram Poster Concierge Other Radio Newspaper Friends/Family Town of Avon Website Google Search Facebook Discover Avon Website Other Website 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50% 2%2% 7% 10% 7% 3% 33% 26% 13% 4% 3% 4% 1% Media/Awareness Year 2022 AvonLIVE! FILTERS Primary Residence Paid Lodging Friends/Family 2nd Home Timeshare VRBO/AirBnB Day Trip Camping 2022 2022 2022 2022 2022 2022 2022 2022 0% 20% 40% 60%54% 12% 6% 11%11% 5% 1%0% Accommodations Year 2022 Avon Beaver Creek Eagle Vail Vail Eagle Arrowhead Edwards Gypsum Minturn Steamboat 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 0% 20% 40% 60% 63% 10% 5%7% 2%1% 8% 1%1%1% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying AvonLIVE! FILTERS Primary Residence Paid Lodging Friends/Family 2nd Home Timeshare VRBO/AirBnB Day Trip Camping 2022 2022 2022 2022 2022 2022 2022 2022 0% 20% 40% 60% 12% 6% 11%11% 5% 1%0% 54% Accommodations Year 2022 Avon Beaver Creek Edwards Gypsum 2022 2022 2022 2022 0% 10% 20% 30% 40% 20%20% 40% 20% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying AvonLIVE! FILTERS Primary Residence Paid Lodging Friends/Family 2nd Home Timeshare VRBO/AirBnB Day Trip Camping 2022 2022 2022 2022 2022 2022 2022 2022 0% 20% 40% 60%54% 6% 11%11% 5% 1%0% 12% Accommodations Year 2022 Avon Beaver Creek Vail 2022 2022 2022 0% 20% 40% 60% 80% 85% 8%8% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying AvonLIVE! FILTERS Primary Residence Paid Lodging Friends/Family 2nd Home Timeshare VRBO/AirBnB Day Trip Camping 2022 2022 2022 2022 2022 2022 2022 2022 0% 20% 40% 60%54% 12%11%11% 5% 1%0% 6% Accommodations Year 2022 Avon Beaver Creek Eagle Vail Vail Eagle Edwards Minturn Steamboat 2022 2022 2022 2022 2022 2022 2022 2022 0% 10% 20% 30% 40% 37% 16% 5%5% 16% 11% 5%5% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying AvonLIVE! FILTERS Primary Residence Paid Lodging Friends/Family 2nd Home Timeshare VRBO/AirBnB Day Trip Camping 2022 2022 2022 2022 2022 2022 2022 2022 0% 20% 40% 60%54% 12% 6% 11% 5% 1%0% 11% Accommodations Year 2022 Avon Beaver Creek Eagle Vail Vail Arrowhead Edwards 2022 2022 2022 2022 2022 2022 0% 10% 20% 30% 34% 14% 17% 9% 6% 20% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying AvonLIVE! FILTERS Primary Residence Paid Lodging Friends/Family 2nd Home Timeshare VRBO/AirBnB Day Trip Camping 2022 2022 2022 2022 2022 2022 2022 2022 0% 20% 40% 60%54% 12% 6% 11% 5% 1%0% 11% Accommodations Year 2022 Avon Beaver Creek Vail 2022 2022 2022 0% 20% 40% 60% 80% 89% 3% 8% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying AvonLIVE! FILTERS Primary Residence Paid Lodging Friends/Family 2nd Home Timeshare VRBO/AirBnB Day Trip Camping 2022 2022 2022 2022 2022 2022 2022 2022 0% 20% 40% 60%54% 12% 6% 11%11% 1%0% 5% Accommodations Year 2022 In what town are you staying? Click on the accommodation type to see in which town the respondent was staying AvonLIVE! FILTERS Primary Residence Paid Lodging Friends/Family 2nd Home Timeshare VRBO/AirBnB Day Trip Camping 2022 2022 2022 2022 2022 2022 2022 2022 0% 20% 40% 60%54% 12% 6% 11%11% 5% 1%0% Accommodations Year 2022 Minturn 2022 0% 20% 40% 60% 80% 100%100% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying AvonLIVE! FILTERS 1 - 2 3 - 5 6 - 7 8 - 10 11 - 14 15+ 2022 2022 2022 2022 2022 2022 0% 10% 20% 30% 10% 29% 32% 12% 6% 11% Nights Stayed Categories (All Accommodations) Year 2022 2022 0.0 2.0 4.0 6.0 5.5 Average Nights Stayed (All Accommodations) AvonLIVE! FILTERS Lodging Spend Dining Spend Vendor Spend Retail Spend Activities Spend 2022 2022 2022 2022 2022 $0 $500 $1,000 $1,500 $1,334 $130 $72 $39 $64 Average Household Spend in Avon by Category Year 2022 2022 $0 $50 $100 $150 $200 $250 $236 Average Nightly Rate Generated in Avon 2022 0 500 1,000 1,500 1,662 Room Nights Generated in Avon AvonLIVE! FILTERS 2022 0% 1% 0% 1% 7% 0% 1% 2%1% 0% 1% 1% 1% 1% 0% 0% 0% 0% 1% 0%1% 2% 0% 4% 64% 4% 0%4% 0% © 2022 Mapbox © OpenStreetMap Origin Year 2022 0%64% Percentage AvonLIVE! FILTERS Colorado Texas Florida Arizona England Kansas 2022 2022 2022 2022 2022 2022 2022 2022 0% 50% 100% 64% 7%4%4%0%1% States of Origin Year 2022 Local In-State Day In-State Overnight Out-of-State International 2022 2022 2022 2022 2022 0% 10% 20% 30% 40% 50% 54% 1% 10% 33% 1% Market Segment AvonLIVE! FILTERS Avon Edwards Vail Eagle Vail Gypsum Eagle Minturn Other (please specify) 2022 2022 2022 2022 2022 2022 2022 2022 0% 10% 20% 30% 40%38% 17% 14%13% 4% 9% 2%2% In which community do you live? Year 2022 East Core (valley floor east of Avon Road – Chapel Square) Hurd Lane/Eaglebend Mountain Star Northside – Metcalf and Nottingham Roads Nottingham Park/Lake Area Other (please specify) Town Core Area (between Avon Road an Avon Rec Center) Village at Avon, Piedmont, Buffalo Ridge West Avon (valley floor west of Avon Elementary – Sunridge/Aspens/Liftview) Wildridge 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 0% 10% 20% 30% 6%1%6%6% 19% 6%10%6% 11% 30% In which part of Avon do you live? AvonLIVE! FILTERS Married w/ children living at home Married w/ children not living at home Married w/o children Single w/ children living at home Single w/ children not living at home Single w/o children Prefer not to answer 2022 2022 2022 2022 2022 2022 2022 0% 10% 20% 30% 26% 32% 18% 2%4% 16% 2% Family Status Year 2022 Own Rent 2022 2022 0% 20% 40% 60% 80% 100% 86% 14% Own vs. Rent Primary Residence AvonLIVE! FILTERS High School Some College Associates Degree (2 year) Bachelor's Degree (4 Year) Post Graduate Degree 2022 2022 2022 2022 2022 0% 20% 40% 60% 4%8%9% 49% 30% Education Level Year 2022 Student $25,000-$54,999 $55,000-$74,999 $75,000-$99,999 $100,000-$199,999 $200,000-$499,999 $500,000+ 2022 2022 2022 2022 2022 2022 2022 0% 20% 40% 0% 5% 7% 14% 34% 24% 16% Income Categories AvonLIVE! FILTERS Female Male 2022 2022 0% 10% 20% 30% 40% 50% 60% 48% 52% Gender Year 2022 18 - 20 21 - 24 25 - 34 35 - 44 45 - 54 55 - 64 65+ 2022 2022 2022 2022 2022 2022 2022 0% 10% 20% 30% 0%1% 7% 20% 22% 29% 20% Age Categories 2022 0.0 10.0 20.0 30.0 40.0 50.0 47.1 Average Age AvonLIVE! FILTERS Outdoor Enthusiast (camping, hunting, fishing) Traveler Wine & Foodie Sports Enthusiast (hiking, biking, skiing) Health & Fitness Home Enthusiast (gardening, pet owner, avid reader) Tech Enthusiast Investment & Money Hobbies & Interests (collector, crafts, home shop) Craft Beer Enthusiast Arts Enthusiast (music, dance, Theatre) Live Music Enthusiast Other 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 2%3% 33% 26% 13% 4%4% 1% 3%2% 7% 10% 7% Lifestyle Categories Year 2022 SUMMER'S END SURVEY RESULTS SUMMER 2022 Prepared for: Town of Avon Prepared by: Intercept Insight, LLC PO Box 2078 Avon, CO 81620 970.331.1086 www.interceptinsight.com ATTACHMENT J OBJECTIVES The Town of Avon invested in a third party research company, Intercept Insight, LLC, to conduct intercept surveys during Summer's End to help quan fy decisions and increase performance related to the event. With this insight, the Town is able to evaluate economic contribu ons of the event, develop objec ves to increase the overall performance, market effec vely, and provide sponsors with valuable data regarding the event. The Town of Avon iden fied several objec ves for this study. Objec ves: v A*endee details (e.g. reason for visi ng Avon, prior a*endance, loyalty) v Intent to return to the event v Quan fy recommenda ons v Evaluate event performance v Es mate spending habits v Es mate revenue genera on v Understand media effec veness/awareness v Obtain demographical and geographical data v Determine accommoda ons, nights stayed, town stayed in, etc. v Town of residence/Neighborhood SUMMER'S END METHODOLOGY The Town of Avon and Intercept Insight designed a core set of ques ons intended to meet the objec ves of the study, including some event specific ques ons. Once the survey was approved the ques ons were programmed into a survey design tool and then uploaded to tablets. The surveys were then conducted in-person using the tablets to collect the data. In-person intercepts were conducted during Summer's End. Surveyors were hired and trained to conduct the intercepts in a way so that a random representa ve sample of the popula on was being collected. Those surveyed must have been 18 years of age or older. A sample plan was designed, and a quota was met to ensure sta s cal validity. Once the quota were met, the data was downloaded using a sta s cal so5ware and prepared for analysis and repor ng. SUMMER'S END HIGHLIGHTS v Total completed surveys – 76 | 56 In-person Intercepts | 20 QR Code Comple ons v Es mated a*endance – 1,100 v Sample size provides sta s cal validity with an error rate of 10.8% at a 95% confidence interval v Es mated revenue generated to the Town of Avon - $76K v Net Promoter Score – 51 v Overall Sa sfac on Score – 88 v 72% of the a*endees came to Avon, CO specifically for Summer's End v 62% of the a*endees had a*ended Summer's End in the past v "Newspaper" and "Word-of-Mouth" were selected most when asked, “How did you hear about, and/or where did you see adver sing for Summer's End" v 83% are “Very” or “Extremely Likely” to return in the future v 50% of the a*endees staying in paid lodging stayed in Avon, CO (***Cau on small sample size) v Average nights stayed (all accommoda ons) – 4.2 v Es mated number of room nights generated in Avon – 11.0 v Es mated average nightly rate in Avon - $438 (Base par ally on the lodging spending from Paddle Ba*les dues to low sample size of paid lodging guests in Avon) v Average group size – 2.4 v Average age of respondents – 48.4 | Average age of children under 18 – 7.4 SUMMER'S END SUMMER'S END FILTERS 2022 0 5. 1. 1. 2. 2. 3. . . . . . . . . . . . 1,100 $76,456 Attendance and Revenue Generation Year 2022 SUMMER'S END FILTERS 2022 0% 20% 40% 60% 80% 100% 12% 25% 51% 63% Net Promoter Score Year 2022 Legend Promoters Net Promoter Score Passive Supporters Detractors Overall satisfaction Availability of food & beverages Quality of food & beverages Friendliness of staff Quality of the Entertainment 2022 2022 2022 2022 2022 0 20 40 60 80 100 88 86 89 88 84 Attribute Satisfaction Ratings SUMMER'S END FILTERS Beer Better bands Better music and food vendors byob Can’t believe the end event barred pets. Really cut down attendance!! Have it the day before so we can drive home on Monday. I live far away, so my friends are not friendly to be here on Labor Day weekend more shade More shade. Music Need better entertainment Time What can we do to increase your likelihood to recommend this event? Year 2022 SUMMER'S END FILTERS Beer Better bands Better music and food vendors byob Can’t believe the end event barred pets. Really cut down attendance!! Have it the day before so we can drive home on Monday. I live far away, so my friends are not friendly to be here on Labor Day weekend more shade More shade. Music Need better entertainment Time What can we do to increase your likelihood to recommend this event? Year 2022 SUMMER'S END FILTERS Came for event Heard about it after arrival 2022 2022 0% 20% 40% 60% 80%72% 28% Reason for Visiting Avon Year 2022 Not at all Likely Not Very Likely Somewhat Likely Very Likely Extremely Likely 2022 2022 2022 2022 2022 0% 10% 20% 30% 40% 50% 3%3% 12% 46% 37% Intention to Return SUMMER'S END FILTERS First year 2 years 2022 2022 0% 20% 40% 60% 62% 38% Prior Attendance Year 2022 Self Spouse or significant other Family (including children)Family (not including children)Friends and Family Friends Only Group 2022 2022 2022 2022 2022 2022 2022 0% 10% 20% 30% 40% 16% 38% 22% 3%4% 16% 1% With Whom Attended Lakeside Cinema - Friday Paddle Battles - Saturday SunsetLIVE! - Saturday None of these 2022 2022 2022 2022 0% 50% 100% 13%8% 34% 54% What other activities or events do you plan to attend during Summer's End? (please select all that apply) SUMMER'S END FILTERS Yes No 2022 2022 0% 20% 40% 60% 80% 82% 18% Are you with children < 18? Year 2022 1 Child 2 Children 4 Children 2022 2022 2022 0% 20% 40% 60% 29% 64% 7% Number of Children < 18 2022 0.0 2.0 4.0 6.0 8.0 7.4 Average Age of Children 2022 0 2 4 6 8 10 2.7 Average Goup Size SUMMER'S END FILTERS Email Radio Newspaper Friends/Family Town of Avon Website Discover Avon Website Google Search Other Website Facebook Instagram Poster Other 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 0% 10% 20% 30% 40% 50% 7%8% 36% 28% 8%7%7% 1% 8% 4% 14% 8% Media/Awareness Year 2022 Just knew On Avon.org email notifications Reader board over road Trip advisor Walked in Watched it Media/Awareness "Other" Comments SUMMER'S END FILTERS Primary Residence Paid Lodging Friends/Family 2nd Home Timeshare VRBO/AirBnB 2022 2022 2022 2022 2022 2022 0% 20% 40% 60% 70% 4%1% 18% 4%3% Accommodations Year 2022 Avon Beaver Creek Arrowhead Edwards Minturn 2022 2022 2022 2022 2022 0% 20% 40% 60% 67% 10%10% 5% 10% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying SUMMER'S END FILTERS Primary Residence Paid Lodging Friends/Family 2nd Home Timeshare VRBO/AirBnB 2022 2022 2022 2022 2022 2022 0% 20% 40% 60% 4%1% 18% 4%3% 70% Accommodations Year 2022 Avon Beaver Creek Arrowhead 2022 2022 2022 0% 10% 20% 30% 40%40% 20% 40% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying SUMMER'S END FILTERS Primary Residence Paid Lodging Friends/Family 2nd Home Timeshare VRBO/AirBnB 2022 2022 2022 2022 2022 2022 0% 20% 40% 60% 70% 1% 18% 4%3%4% Accommodations Year 2022 Avon Minturn 2022 2022 0% 10% 20% 30% 40% 50%50%50% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying SUMMER'S END FILTERS Primary Residence Paid Lodging Friends/Family 2nd Home Timeshare VRBO/AirBnB 2022 2022 2022 2022 2022 2022 0% 20% 40% 60% 70% 4% 18% 4%3%1% Accommodations Year 2022 Avon 2022 0% 20% 40% 60% 80% 100%100% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying SUMMER'S END FILTERS Primary Residence Paid Lodging Friends/Family 2nd Home Timeshare VRBO/AirBnB 2022 2022 2022 2022 2022 2022 0% 20% 40% 60% 70% 4%1%4%3% 18% Accommodations Year 2022 Avon Beaver Creek Edwards Minturn 2022 2022 2022 2022 0% 20% 40% 60% 70% 10%10%10% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying SUMMER'S END FILTERS Primary Residence Paid Lodging Friends/Family 2nd Home Timeshare VRBO/AirBnB 2022 2022 2022 2022 2022 2022 0% 20% 40% 60% 70% 4%1% 18% 3%4% Accommodations Year 2022 Avon 2022 0% 20% 40% 60% 80% 100%100% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying SUMMER'S END FILTERS Primary Residence Paid Lodging Friends/Family 2nd Home Timeshare VRBO/AirBnB 2022 2022 2022 2022 2022 2022 0% 20% 40% 60% 70% 4%1% 18% 4%3% Accommodations Year 2022 In what town are you staying? Click on the accommodation type to see in which town the respondent was staying SUMMER'S END FILTERS 1 - 2 3 - 5 6 - 7 11 - 14 15+ 2022 2022 2022 2022 2022 0% 10% 20% 30% 40% 50% 17% 44% 22% 11% 6% Nights Stayed Categories (All Accommodations) Year 2022 2022 0.0 1.0 2.0 3.0 4.0 5.0 4.2 Average Nights Stayed (All Accommodations) SUMMER'S END FILTERS Dining Spend Retail Spend Activities Spend 2022 2022 2022 $0 $50 $100 $54 $35 $41 Average Household Spend in Avon by Category Year 2022 2022 $0 $100 $200 $300 $400 $500 $483 Average Nightly Rate Generated in Avon 2022 0.0 2.0 4.0 6.0 8.0 10.0 12.0 11.0 Room Nights Generated in Avon SUMMER'S END FILTERS 2022 1% 1% 1%1%1% 1% 1% 1% 3% 84% 1% 1% © 2022 Mapbox © OpenStreetMap Origin Year 2022 1%84% Percentage SUMMER'S END FILTERS Colorado Texas Florida Arizona Minnesota New Jersey Ohio California Kentucky Nebraska Pennsylvania Wisconsin 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 0% 50% 84% 1%3%1%1%1%1%1%1%1%1%1% States of Origin Year 2022 Local In-State Overnight Out-of-State 2022 2022 2022 0% 20% 40% 60% 70% 16%14% Market Segment SUMMER'S END FILTERS Avon Edwards Vail Eagle Vail Gypsum Eagle Minturn Redcliff Other (please specify) 2022 2022 2022 2022 2022 2022 2022 2022 2022 0% 10% 20% 30% 40%38% 26% 10%10% 4%6% 2%2%2% In which community do you live? Year 2022 East Core (valley floor east of Avon Road – Chapel Square) Northside – Metcalf and Nottingham Roads Nottingham Park/Lake Area Other (please specify) Town Core Area (between Avon Road an Avon Rec Center) Village at Avon, Piedmont, Buffalo Ridge West Avon (valley floor west of Avon Elementary – Sunridge/Aspens/Liftview) Wildridge 2022 2022 2022 2022 2022 2022 2022 2022 0% 10% 20% 5% 16% 11%11%11%11% 16% 21% In which part of Avon do you live? SUMMER'S END FILTERS Married w/ children living at home Married w/ children not living at home Married w/o children Single w/ children living at home Single w/ children not living at home Single w/o children Prefer not to answer 2022 2022 2022 2022 2022 2022 2022 0% 10% 20% 23% 26% 18% 3%3% 23% 5% Family Status Year 2022 Own Rent 2022 2022 0% 20% 40% 60% 80% 72% 28% Own vs. Rent Primary Residence SUMMER'S END FILTERS High School Some College Associates Degree (2 year) Bachelor's Degree (4 Year) Post Graduate Degree 2022 2022 2022 2022 2022 0% 50% 6%7%9% 60% 19% Education Level Year 2022 Student $0-$24,999 $25,000-$54,999 $55,000-$74,999 $75,000-$99,999 $100,000-$199,999 $200,000-$499,999 $500,000+ 2022 2022 2022 2022 2022 2022 2022 2022 0% 10% 20% 30% 2%2% 4% 13%15% 29% 17%17% Income Categories SUMMER'S END FILTERS Female Male 2022 2022 0% 20% 40% 60% 80% 30% 70% Gender Year 2022 21 - 24 25 - 34 35 - 44 45 - 54 55 - 64 65+ 2022 2022 2022 2022 2022 2022 0% 10% 20% 4% 14% 26% 14% 24% 17% Age Categories 2022 0.0 10.0 20.0 30.0 40.0 50.0 48.4 Average Age SUMMER'S END FILTERS Outdoor Enthusiast (camping, hunting, fishing) Traveler Wine & Foodie Sports Enthusiast (hiking, biking, skiing) Health & Fitness Home Enthusiast (gardening, pet owner, avid reader) Tech Enthusiast Investment & Money Hobbies & Interests (collector, crafts, home shop) Craft Beer Enthusiast Arts Enthusiast (music, dance, Theatre) Live Music Enthusiast Other 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 41% 34% 24% 39% 24% 4% 7% 13%12% 14%13% 36% 3% Lifestyle Categories Year 2022 HEART & SOUL FESTIVAL SURVEY RESULTS SUMMER 2022 Prepared for: Town of Avon Prepared by: Intercept Insight, LLC PO Box 2078 Avon, CO 81620 970.331.1086 www.interceptinsight.com ATTACHMENT K OBJECTIVES The Town of Avon invested in a third party research company, Intercept Insight, LLC, to conduct intercept surveys during AvonLIVE! to help quan fy decisions and increase performance related to the event. With this insight, the Town is able to evaluate economic contribu ons of the event, develop objec ves to increase the overall performance, market effec vely, and provide sponsors with valuable data regarding the event. The Town of Avon iden fied several objec ves for this study. Objec ves: v A*endee details (e.g. reason for visi ng Avon, prior a*endance, loyalty) v Intent to return to the event v Quan fy recommenda ons v Evaluate event performance v Es mate spending habits v Es mate revenue genera on v Understand media effec veness/awareness v Obtain demographical and geographical data v Determine accommoda ons, nights stayed, town stayed in, etc. v Town of residence/Neighborhood v Preferred genres of music v Preferred cost for a music fes val cket v Preferred cost for a VIP experience at a music fes val v Theme/cause for Heart & Soul Fes val Heart & Soul Festival METHODOLOGY The Town of Avon and Intercept Insight designed a core set of ques ons intended to meet the objec ves of the study, including some event specific ques ons. Once the survey was approved the ques ons were programmed into a survey design tool and a QR Code was created. The QR Code was posted throughout the venue. Town of Avon staff and volunteers passed out paper copies of the QR Code and engouraged patrons of the event to complete the survey. One week a9er the event concluded, the data was downloaded using a sta s cal so9ware and prepared for analysis and repor ng. Heart & Soul Festival HIGHLIGHTS v Total completed surveys – 35 v Sample size provides sta s cal validity with an error rate of 16.3% at a 95% confidence interval v Es mated a*endance – 1,100 v Es mated revenue generated to the Town of Avon - $35K v Net Promoter Score – 44 v Overall Sa sfac on Score – 85 v 80% of the a*endees came to Avon, CO specifically for the event v “Newspaper” and “Poster” were selected most when asked, “How did you hear about, and/or where did you see adver sing for the event?” v 73% are “Very” or “Extremely Likely” to return in the future v Average age of respondents – 52.0 | Average age of children under 18 – 3.0 v Preferred genre of music - Reggae | Rock | Jam Bands v Preferred Ac vi es - Curated Culinary | Interac ve Art Experiences v Fes val Pricing - General Admission - $60 | VIP - $160 Heart & Soul Festival Heart & Soul Festival FILTERS 2022 0 5.. 1.. 1.. 2.. 2.. 3.. . . . . . . . . . . . 1,100 $34,688 Attendance and Revenue Generation Year 2022 Heart & Soul Festival FILTERS 2022 0% 20% 40% 60% 80% 100% 12% 32% 44% 56% Net Promoter Score Year 2022 Legend Promoters Net Promoter Score Passive Supporters Detractors Overall satisfaction Availability of food & beverages Quality of food & beverages Friendliness of staff Quality of the Entertainment 2022 2022 2022 2022 2022 0 20 40 60 80 100 85 82 80 93 88 Attribute Satisfaction Ratings Heart & Soul Festival FILTERS 6 Million Dollar Band Better band earlier start time,more art,more music variety Food vendors were very few, and low variety. Great event. Nothing Just advertise it More advertising, didn’t know who was playing until I got here. More communication More lead time notice more music variety & art, & start the event earlier More people! More vendor selection food activities and alcohol …need Regular bar items frozen drinks ; tequila ; vodka ; margarita We live in Arizona and do not have friends in the Avon area. What can we do to increase your likelihood to recommend this event? Year 2022 Add a rock cover band Advertise who is playing earlier start, art vendors, more music variety. Food vendors with More options and accessible prices. I know, a hard task, but maybe make it about the food, too! The fish and chips truck, maybe a pizza truck. Give them some $$$. Less break between bands Needs clean water refill stations Bathroom stations to wash hands ran out of water and there weren’t many people at attendance! So replenish water where and when needed Nope Sunglasses :) Is there one thing we can do to enhance your experience in the future? Heart & Soul Festival FILTERS Came for event Heard about it after arrival 2022 2022 0% 10% 20% 30% 40% 50% 60% 70% 80% 90%80% 20% Reason for Visiting Avon Year 2022 Somewhat Likely Very Likely Extremely Likely 2022 2022 2022 0% 10% 20% 30% 40% 26% 29% 44% Intention to Return Heart & Soul Festival FILTERS Year 2022 Self Spouse or significant other Family (including children)Family (not including childre..Friends and Family Friends Only 2022 2022 2022 2022 2022 2022 0% 10% 20% 30% 40% 4% 30% 15% 4% 37% 11% With Whom Attended Yes No 2022 2022 0% 20% 40% 60% 80%75% 25% Are you with children < 18? Heart & Soul Festival FILTERS 1 Child 4 Children 2022 2022 0% 20% 40% 60% 67% 33% Number of Children < 18 2022 0.0 1.0 2.0 3.0 3.0 Average Age of Children Heart & Soul Festival FILTERS Email Radio Newspaper Friends/Family Town of Avon Website Discover Avon Website Google Search Other Website Instagram Poster Concierge Other 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50% 11% 9% 40% 17% 14% 9% 3% 14% 3% 29% 3% 11% Media/Awareness Year 2022 Heart & Soul Festival FILTERS Alternative Bluegrass Blues Classic Rock Classical Country Hip-hop Jam Bands Jazz Rock Other (please specify) 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 0% 2% 4% 6% 8% 10% 12% 14% 16% 18% 3% 12% 6% 9% 3% 12% 3% 15% 3% 15% 18% Preferred Genres of Music Year 2022 Raggae Reggae Other Genre - Comments Heart & Soul Festival FILTERS 6 Million Dollar Band Alan Doyle Billy strings Dmb Flatland Cavalry Goose Grateful Dead cover Infamous stringsustees Leftover Solomon M Main Squeeze Rebolution Rewind Sam Bush Space bacon Tan Benoit The wailers Trey anstasio Tyler Childers Wailers X Heart & Soul Festival - Preferred Band #1 Year 2022alan doyle Dave matthews Disco Bisquezs Foals Goose Greensky bluegrass Kaitlin Butts Luke Combs M Modest Mouse Pato Banton Rewind Runaway grooms Samantha Fish Shovels and rope Spinphony Stevie nicks String Cheese Talking heads cover The Jauntee The Nacho Men Twiddle Y Heart & Soul Festival - Preferred Band #2 Allen Doyle Almond Brothers Brandi Carlisle Claptone Disco biscuits Eagles cover Foals Goose Lotos M Modest Mouse Santana spinphony Sting The Long Run Travelin McCourys Trey Anastasio Turnpike Troubadours Z Ziggy Marley Heart & Soul Festival - Preferred Band #3 Heart & Soul Festival FILTERS 2022 $0 $20 $40 $60 $80 $100 $60 Ideally, at what price point would you be willing to pay for General Admission to see two of those bands as part of a full day Heart & Soul Festival at the Avon Pavilion? Year 2022 Yes No 2022 2022 0% 20% 40% 60% 39% 61% Would you pay a premium for a VIP ticket that had up front access, VIP area bar, food buffet and restrooms? 2022 $0 $50 $100 $150 $200 $250 $160 At what price point would you be willing to pay for a VIP EXPERIENCE to see two of those bands as part of a full day Heart & Soul Festival at the Avon Pavilion? Heart & Soul Festival FILTERS Interactive art experiences Areas/structures for photo opportunities Silk aerialists Fire performers Dancers Live art (painting, drum circles, etc.) Retail vendors (apparel) Curated Culinary (specialty foods, craft cocktails, etc.) Other 2022 2022 2022 2022 2022 2022 2022 2022 2022 0% 20% 40%37% 14%14% 20% 11% 26% 31% 43% 6% What activities or art performances would you desire to compliment this music festival in the future? (please select all that apply) Year 2022 Accessibility for the outdoors Appreciation of working class. Be nice to each other Community and food Diversity and Inclusion, environmental issues Domestic violence Eagle Country Schools Environmental Environmental issues Inclusion Injury prevention Kindness Love N Na One love Togetherness Underprivileged youth Is there a cause, message or theme that Heart & Soul Festival could drive awareness to and/or support which fits the Avon community? Heart & Soul Festival FILTERS Primary Residence Paid Lodging Friends/Family 2nd Home Day Trip 2022 2022 2022 2022 2022 0% 20% 40% 60% 80%71% 9%6% 11% 3% Accommodations Year 2022 Avon Vail Breckenridge Dillon/Silverthorne Edwards 2022 2022 2022 2022 2022 0% 10% 20% 30% 40% 43% 14%14%14%14% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying Heart & Soul Festival FILTERS Primary Residence Paid Lodging Friends/Family 2nd Home Day Trip 2022 2022 2022 2022 2022 0% 20% 40% 60% 80% 9%6% 11% 3% 71% Accommodations Year 2022 Avon 2022 0% 20% 40% 60% 80% 100%100% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying Heart & Soul Festival FILTERS Primary Residence Paid Lodging Friends/Family 2nd Home Day Trip 2022 2022 2022 2022 2022 0% 20% 40% 60% 80%71% 6% 11% 3% 9% Accommodations Year 2022 Dillon/Silverthorne 2022 0% 20% 40% 60% 80% 100%100% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying Heart & Soul Festival FILTERS Primary Residence Paid Lodging Friends/Family 2nd Home Day Trip 2022 2022 2022 2022 2022 0% 20% 40% 60% 80%71% 9%11% 3%6% Accommodations Year 2022 Breckenridge Edwards 2022 2022 0% 10% 20% 30% 40% 50%50%50% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying Heart & Soul Festival FILTERS Primary Residence Paid Lodging Friends/Family 2nd Home Day Trip 2022 2022 2022 2022 2022 0% 20% 40% 60% 80%71% 9%6%3% 11% Accommodations Year 2022 Avon Vail 2022 2022 0% 20% 40% 60% 67% 33% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying Heart & Soul Festival FILTERS 1 - 2 3 - 5 8 - 10 15+ 2022 2022 2022 2022 0% 10% 20% 30% 40% 50%50% 17%17%17% Nights Stayed Categories (All Accommodations) Year 2022 2022 0.0 1.0 2.0 3.0 3.2 Average Nights Stayed (All Accommodations) Heart & Soul Festival FILTERS Dining Spend Vendor Spend Retail Spend Activities Spend 2022 2022 2022 2022 ($10) $0 $10 $20 $30 $40 $50 $60 $70 $80 $90 $100 $110 $120 $100 $65 $113 $0 Average Household Spend in Avon by Category Year 2022 Heart & Soul Festival FILTERS 2022 3%3% 6% 83% 6% © 2022 Mapbox © OpenStreetMap Origin Year 2022 3%83% Percentage Heart & Soul Festival FILTERS Colorado Texas Florida Arizona Louisiana 2022 2022 2022 2022 2022 0% 50% 100% 83% 3%6%6%3% States of Origin Year 2022 Local In-State Day In-State Overnight Out-of-State 2022 2022 2022 2022 0% 20% 40% 60% 71% 3% 9% 17% Market Segment Heart & Soul Festival FILTERS Avon Edwards Vail Eagle Vail Gypsum Eagle Other (please specify) 2022 2022 2022 2022 2022 2022 2022 0% 10% 20% 30% 40%37% 22% 11% 15% 7% 4%4% In which community do you live? Year 2022 Hurd Lane/Eaglebend Mountain Star Northside – Metcalf and Nottingham Roads Nottingham Park/Lake Area Town Core Area (between Avon Road an Avon Rec Center) Wildridge 2022 2022 2022 2022 2022 2022 0% 20% 40% 20% 10% 40% 10%10%10% In which part of Avon do you live? Heart & Soul Festival FILTERS Married w/ children living at home Married w/ children not living at home Married w/o children Single w/o children Prefer not to answer 2022 2022 2022 2022 2022 0% 10% 20% 30% 26% 22% 30% 15% 7% Family Status Year 2022 Own Rent 2022 2022 0% 50% 100% 92% 8% Own vs. Rent Primary Residence Heart & Soul Festival FILTERS High School Some College Associates Degree (2 year) Bachelor's Degree (4 Year) Post Graduate Degree 2022 2022 2022 2022 2022 0% 20% 40% 60% 4%4% 11% 48% 33% Education Level Year 2022 $25,000-$54,999 $55,000-$74,999 $75,000-$99,999 $100,000-$199,999 $200,000-$499,999 $500,000+ 2022 2022 2022 2022 2022 2022 0% 20% 40% 60% 9% 13% 4% 57% 13% 4% Income Categories Heart & Soul Festival FILTERS Female Male 2022 2022 0% 10% 20% 30% 40% 50% 60% 52% 48% Gender Year 2022 25 - 34 35 - 44 45 - 54 55 - 64 65+ 2022 2022 2022 2022 2022 0% 10% 20% 30% 19%19%19% 15% 27% Age Categories 2022 0.0 10.0 20.0 30.0 40.0 50.0 60.0 52.0 Average Age Heart & Soul Festival FILTERS Outdoor Enthusiast (camping, hunting, fishing) Traveler Wine & Foodie Sports Enthusiast (hiking, biking, skiing) Health & Fitness Home Enthusiast (gardening, pet owner, avid reader) Tech Enthusiast Investment & Money Hobbies & Interests (collector, crafts, home shop) Craft Beer Enthusiast Arts Enthusiast (music, dance, Theatre) Live Music Enthusiast 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 37% 29% 23% 46% 17% 9% 6%6% 9% 20% 26% 46% Lifestyle Categories Year 2022 ATTACHMENT L - 2023 Draft Events Calendar January February March Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 2 3 4 5 6 7 1 2 3 4 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 19 20 21 22 23 24 25 29 30 31 26 27 28 26 27 28 29 30 31 April M May June Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 1 2 3 4 5 6 1 2 3 2 3 4 5 6 7 8 7 8 9 10 11 12 13 4 5 6 7 8 9 10 9 10 11 12 13 14 15 14 15 16 17 18 19 20 11 12 13 14 15 16 17 16 17 18 19 20 21 22 21 22 23 24 25 26 27 18 19 20 21 22 23 24 23 24 25 26 27 28 29 28 29 30 31 25 26 27 28 29 30 30 July August S September Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 1 2 3 4 5 1 2 2 3 4 5 6 7 8 6 7 8 9 10 11 12 3 4 5 6 7 8 9 9 10 11 12 13 14 15 13 14 15 16 17 18 19 10 11 12 13 14 15 16 16 17 18 19 20 21 22 20 21 22 23 24 25 26 17 18 19 20 21 22 23 23 24 25 26 27 28 29 27 28 29 30 31 24 25 26 27 28 29 30 30 31 October November December Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 2 3 4 5 6 7 1 2 3 4 1 2 8 9 10 11 12 13 14 5 6 7 8 9 10 11 3 4 5 6 7 8 9 15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 11 12 13 14 15 16 22 23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19 20 21 22 23 29 30 31 26 27 28 29 30 24 25 26 27 28 29 30 31 Event Type Legend Music Education Recreation Private Rental / APP Arts & Culinary MSM Activation Participatory & Athletic Field Maintenance 2+ colors for multiple Events/Venues Event: Dates, Names & Venue Details APRIL April 8 | Egg Hunt UF April __ | Ultimate Après Avon LAKEST. MAY JUNE June 3 | Pride in the Park** P, UF June 4, 11, 18, 25 | SunsetLIVE! T June 9 | Art Around Avon Walk A June 19, 26 | Dunk-N-Dash NB, NL, TR June 14, 21, 28 | AvonLIVE! P, UF June 3, 10, 17, 24 | Yoga in the Park T June 8, 15, 22, 29 | OW Swim NB, NL June 18 | Daddy-Daughter Tutu 2K TR June 20, 21, 22 | Lacrosse* UF, LF JULY July 1, 8, 15, 22, 29| Yoga in the Park T July 12, 19, 26 | AvonLIVE! P, UF July 7, 14, 21, 28 | LS Cinema P, UF July 10, 17, 24,31 | Dunk-N-Dash NB, NL, TR July 22 | Triple Bypass* UF, A July 28,29,30 | Avon Arts Celebration* UF July 3 | Salute to the USA P July 6, 13, 20, 27 | OW Swim NL, NB July 9, 16, 23, 30 | SunsetLIVE! T July 14 | SunsetSUP! NL July ____ | Colorado Disc Dogs** UF AUGUST August 2 ,9, 16, 23, 30 | AvonLIVE! P, UF August 3, 10 | OW Swim NL, NB August 5, 12, 19, 26 | Yoga in the Park T August 7, 14 | Dunk-N-Dash NB, NL August 12, 13 | OW Swim Ch’ship NL, NB August 26 | Xterra**UF, NL, P August 3 | Dancing in the Park** P August 4, 11, 18, 25 | LS Cinema P August 6, 13, 20, 27 | SunsetLIVE! T August 12 | Vail Valley Brew-Au** P,UF August 18 | SunsetSUP! NL SEPTEMBER September 1 | LS Cinema P, UF September 3 | Paddle Battles NB, NL September 14 | Community Picnic UF September 3 | SunsetLIVE! T September 4 | Summer’s End P,UF September 16 | Heart & Soul P,UF OCTOBER October 7, 8 | Vail Valley Soccer** UF October 14,15 | Man of the Cliff** UF October 28 | Polar Plunge NL, T ** Third party produced event dates are subject to change Venue Legend Main Street Mall | MSM Pavilion | P Terrace | T All-town | A Trails | TR Lower Rec Field | LF Upper Rec Field | UF Nottingham Lake | NL Nottingham Beach | NB 2023 Public/Private Rentals Calendar January February March Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 2 3 4 5 6 7 1 2 3 4 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 19 20 21 22 23 24 25 29 30 31 26 27 28 26 27 28 29 30 31 April M May June Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 1 2 3 4 5 6 1 2 3 2 3 4 5 6 7 8 7 8 9 10 11 12 13 4 5 6 7 8 9 10 9 10 11 12 13 14 15 14 15 16 17 18 19 20 11 12 13 14 15 16 17 16 17 18 19 20 21 22 21 22 23 24 25 26 27 18 19 20 21 22 23 24 23 24 25 26 27 28 29 28 29 30 31 25 26 27 28 29 30 30 July August S September Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 1 2 3 4 5 1 2 2 3 4 5 6 7 8 6 7 8 9 10 11 12 3 4 5 6 7 8 9 9 10 11 12 13 14 15 13 14 15 16 17 18 19 10 11 12 13 14 15 16 16 17 18 19 20 21 22 20 21 22 23 24 25 26 17 18 19 20 21 22 23 23 24 25 26 27 28 29 27 28 29 30 31 24 25 26 27 28 29 30 30 31 October November December Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 2 3 4 5 6 7 1 2 3 4 1 2 8 9 10 11 12 13 14 5 6 7 8 9 10 11 3 4 5 6 7 8 9 15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 11 12 13 14 15 16 22 23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19 20 21 22 23 29 30 31 26 27 28 29 30 24 25 26 27 28 29 30 31 Event: Dates, Names & Venue Details MAY May ____ | BCMS Continuation Ceremony P, UF JUNE June 2 | EFEC P, UF June 17 | Wedding HOLDT JULY August August 7 | National Children’s Chorus Rehearsal P August 8 | National Children’s Chorus Rehearsal P August 10 | National Children’s Chorus Rehearsal & Performance P, UF, T September September 23 | Wedding HOLDT October Venue Legend: Main Street Mall | MSM Pavilion | P Terrace | T All-town | A Trails | TR Lower Rec Field | LF Upper Rec Field | UF Nottingham Lake | NL Nottingham Beach | NB Proposed 2023 1,060,895.92$ Proposed 2023 91,868.00$ Proposed 2023 Adopted 2022: April 27, 2022 783,132.00$ Adopted 2022: April 27, 2022 72,852.00$ Adopted 2022: April 27, 2022 Difference (277,763.92)$ Difference (19,016.00)$ Difference TOWN PRODUCED EVENTS TOTALS TOWN PRODUCED EVENTS TOTALS VARIANCE 2022 VS 2023 Winter Fireworks -$ Winter Fireworks -$ -$ Egg Hunt 15,275.00$ Egg Hunt 15,275.00$ -$ Town Clean Up 2,100.00$ Town Clean Up -$ (2,100.00)$ Eagle County Battle of the Bands -$ Eagle County Battle of the Bands 10,000.00$ 10,000.00$ Best of the West -$ Best of the West 1,800.00$ 1,800.00$ AvonLIVE! (10)173,069.00$ AvonLIVE! (11)221,509.92$ 48,440.92$ AvonLIVE! Special Edition -$ AvonLIVE! Special Edition -$ -$ SunsetLIVE! (14)22,850.00$ SunsetLIVE! (14)22,850.00$ -$ Pop Up Music (11) $ 8,800.00 Pop Up Music (11) $ - (8,800.00)$ Salute to the USA 262,560.00$ Salute to the USA 293,633.00$ 31,073.00$ Lakeside Cinema (9)16,252.00$ Lakeside Cinema (9)18,821.00$ 2,569.00$ Paddle Battles 19,401.00$ Paddle Battlles 13,590.00$ (5,811.00)$ Sunset SUP Race (2)3,826.00$ Sunset SUP Race (2)3,639.00$ (187.00)$ Summer's End 41,499.00$ Summer's End 99,869.00$ 58,370.00$ Community Picnic 13,500.00$ Community Picnic 20,909.00$ 7,409.00$ Heart & Soul Festival 68,041.00$ Heart & Soul Festival 150,000.00$ 81,959.00$ TOWN PRODUCED EVENTS TOTAL:$647,173.00 TOWN PRODUCED EVENTS TOTAL:$871,895.92 $224,722.92 THIRD PARTY PRODUCED TOTALS THIRD PARTY PRODUCED TOTALS VARIANCE 2022 VS 2023 Beaver Creek Rodeo -$ Beaver Creek Rodeo -$ -$ Purina Pro Dog Challenge -$ Purina Pro Dog Challenge -$ -$ Ultimate Apres Avon 10,000.00$ Ultimate Apres Avon 10,000.00$ -$ Pride in the Park -$ Pride in the Park -$ -$ Vail Valley Lacrosse Tournament -$ Vail Valley Lacrosse Tournament -$ -$ Possibilities in Avon: Weekly Art Market -$ Possibilities in Avon: Weekly Art Market -$ -$ Vail Valley Brew-Au'32,000.00$ Vail Valley Brew-Au'32,000.00$ -$ XTERRA USA Nationals -$ XTERRA USA Nationals 10,000.00$ 10,000.00$ Triple Bypass -$ Triple Bypass -$ -$ Dancing in the Park 30,000.00$ Dancing in the Park 30,000.00$ -$ Circus Colorado: Flynn Creek (Cancelled; Transferred to Heart & Soul++)6,959.00$ Circus Colorado: Flynn Creek -$ (6,959.00)$ Colorado Classic -$ Colorado Classic -$ -$ Avon Art Festival -$ Avon Art Festival -$ -$ Avon Art Festival -$ Avon Art Festival -$ -$ Avon Art Celebration 3,000.00$ Avon Art Celebration 3,000.00$ -$ Vail Valley Soccer Cup -$ Vail Valley Soccer Cup -$ -$ Man of the Cliff 10,000.00$ Man of the Cliff 10,000.00$ -$ Contingency (Transferred to $40K Heart & Soul++)-$ Contingency 50,000.00$ 50,000.00$ TOTAL THIRD PARTY & CONTINGENCY:91,959.00$ TOTAL THIRD PARTY & CONTINGENCY:145,000.00$ 53,041.00$ ART INSTALLATIONS TOTALS ART INSTALLATIONS TOTALS VARIANCE 2022 VS 2023 Temp. Art Installations 44,000.00$ Temp. Art Installations 44,000.00$ -$ Temp. and/or Permanent Art Installation -$ Temp. and/or Permanent Art Installation -$ -$ TOTAL ART INSTALLATIONS:44,000.00$ TOTAL ART INSTALLATIONS:44,000.00$ -$ GRAND TOTAL:$783,132.00 GRAND TOTAL:$1,060,895.92 277,763.92$ 2022 BUDGET REVENUE: ADOPTED APRIL AMENDMENT 2023 BUDGET REVENUE: PROPOSED EVENT SPONSORSHIP TOTALS EVENT SPONSORSHIP TOTALS VARIANCE 2022 VS 2023 Salute to the USA 10,000.00$ Salute to the USA 10,000.00$ -$ AvonLIVE! Series -$ AvonLIVE! Series -$ -$ Best of the West -$ Best of the West -$ -$ Summer's End -$ Summer's End -$ -$ ATTACHMENT M BUDGET COMPARISON: 2022 VS PROPOSED 2023 EXPENSES: % OF IN REVENUE: % OF IN 2022 VS 2023: GROSS EXPENSE 2022 VS 2023: GROSS REVENUE NET 2022 BUDGET EXPENSE: ADOPTED APRIL AMENDMENT 2023 BUDGET EXPENSE: PROPOSED Page 1 of 4 Heart & Soul -$ Heart & Soul -$ -$ Sub -Total:10,000.00$ Sub -Total:10,000.00$ -$ EVENT CONCESSIONS EVENT CONCESSIONS VARIANCE 2022 VS 2023 Gross AvonLIVE! 16,865.00$ Gross AvonLIVE! 25,828.00$ 8,963.00$ Gross AvonLIVE! Special Edition -$ Gross AvonLIVE! Special Edition -$ -$ Gross Salute to the USA 28,000.00$ Gross Salute to the USA 28,000.00$ -$ SunsetLIVE!-$ SunsetLIVE!-$ -$ Summer's End 4,500.00$ Summer's End 4,500.00$ -$ Heart & Soul -$ Heart & Soul 4,500.00$ 4,500.00$ Sub -Total:49,365.00$ Sub -Total:62,828.00$ 13,463.00$ TURN-KEY PERMITS TURN-KEY PERMITS VARIANCE 2022 VS 2023 Other TBD 900.00$ Other TBD 1,200.00$ 300.00$ -$ Sub-Total:900.00$ Sub-Total:1,200.00$ 300.00$ SPECIAL EVENT FEES SPECIAL EVENT FEES VARIANCE 2022 VS 2023 Vendor Fees: Salute 4,600.00$ Vendor Fees: Salute 8,100.00$ 3,500.00$ Vendor Fees: Avon Live 2,000.00$ Vendor Fees: Avon Live 2,500.00$ 500.00$ Vendor Fees: Summer's End 300.00$ Vendor Fees: Summer's End 950.00$ 650.00$ Vendor Fees: Heart & Soul 300.00$ Vednor Fees: Heart & Soul 300.00$ -$ Digital Sign Fees -$ Digital Sign Fees -$ -$ Sound Permits 100.00$ Sound Permits 100.00$ -$ Paddle Battle Registration Fees 400.00$ Paddle Battle Registration Fees 400.00$ -$ SunsetSUP Registration Fees 250.00$ SunsetSUP Registration Fees 250.00$ -$ Sub -Total:7,950.00$ Sub -Total:12,600.00$ 4,650.00$ SPECIAL EVENT ADMISSION FEES SPECIAL EVENT ADMISSION FEES VARIANCE 2022 VS 2023 Ultimate Apres Avon 669.00$ Ultimate Apres Avon 800.00$ 131.00$ Circus Colorado: Flynn Creek -$ Circus Colorado: Flynn Creek -$ -$ Vail Valley Brew-Au'1,968.00$ Vail Valley Brew-Au'2,200.00$ 232.00$ Sub-Total:2,637.00$ Sub-Total:3,000.00$ 363.00$ MOBILE VENDORS MOBILE VENDORS VARIANCE 2022 VS 2023 Food Truck Program -$ Food Truck Program 175.00$ 175.00$ Sub-Total:-$ Sub-Total:175.00$ 175.00$ PAVILION RENTAL PAVILION RENTAL $2,000 VARIANCE 2022 VS 2023 Sub-Total:$2,000 Sub-Total:$2,000 -$ FIELD RENTAL $0 FIELD RENTAL $240 VARIANCE 2022 VS 2023 Sub-Total:$0 Sub-Total:$240 240.00$ TOTAL PROJECTED REVENUE:72,852.00$ TOTAL PROJECTED REVENUE:91,868.00$ 19,016.00$ Page 2 of 4 969,027.92$ 710,280.00$ (258,747.92)$ % OF INCREASE 2022 VS 2023 100% 100% 28% -100% 12% 16% -30% -5% 141% 55% 120% 35% % OF INCREASE 2022 VS 2023 100% -100% 58%% OF INCREASE 2022 VS 2023 35% % OF INCREASE 2022 VS 2023 NCREASE NCREASE Page 3 of 4 % OF INCREASE 2022 VS 2023 53% 27% % OF INCREASE 2022 VS 2023 % OF INCREASE 2022 VS 2023 76% 25% 217% 58% % OF INCREASE 2022 VS 2023 % OF INCREASE 2022 VS 2023 % OF INCREASE 2022 VS 2023 % OF INCREASE 2022 VS 2023 26% Page 4 of 4 2019 Approved Final - Expense 670,465.00$ 2019 Approved Final - Revenue 40,834.00$ 2019 Final Net 629,631.00$ 2020 Approved Final - Expense 576,636.00$ 2020 Approved Final - (Revenue Not Realized)144,900.00$ 2020 Final Net 431,736.00$ Difference (93,829.00)$ Difference (104,066.00)$ Difference 197,895.00$ TOWN PRODUCED EVENTS TOTALS TOWN PRODUCED EVENTS TOTALS VARIANCE 2019 VS 2020 % OF INCREASE 2019 VS 2020 July in January 62,266.00$ Winter Fireworks -$ (62,266.00)$ -100% Egg Hunt 7,275.00$ Egg Hunt (Cancelled)14,425.00$ 7,150.00$ 98% Town Clean Up 1,500.00$ Town Clean Up 1,585.00$ 85.00$ 6% Eagle County Battle of the Bands -$ Eagle County Battle of the Bands -$ Best of the West -$ Best of the West -$ -$ AvonLIVE! (9)142,576.00$ AvonLIVE! (9) (Five shows cancelled)144,476.00$ 1,900.00$ 1% AvonLIVE! Special Edition -$ AvonLIVE! Special Edition -$ -$ SunsetLIVE!-$ SunsetLIVE! (11)9,440.00$ 9,440.00$ 100% Pop Up Music (1)750.00$ Pop Up Music (9)3,400.00$ 2,650.00$ 353% Salute to the USA 190,602.00$ Salute to the USA (Cancelled)193,787.00$ 3,185.00$ 2% Lakeside Cinema -$ Lakeside Cinema (8) (Seven shows cancelled)3,628.00$ 3,628.00$ 100% Paddle Battles -$ Paddle Battles -$ -$ Sunset SUP Race -$ Sunset SUP Race -$ -$ Summer's End -$ Summer's End -$ -$ Community Picnic 10,000.00$ Community Picnic (Cancelled)7,395.00$ (2,605.00)$ -26% Heart & Soul Festival -$ Heart & Soul Festival -$ -$ TOWN PRODUCED EVENTS TOTAL:$414,969.00 TOWN PRODUCED EVENTS TOTAL:$378,136.00 -$36,833.00 8.87% Decrease THIRD PARTY PRODUCED TOTALS THIRD PARTY PRODUCED TOTALS VARIANCE 2019 VS 2020 % OF INCREASE 2019 VS 2020 Beaver Creek Rodeo 10,000.00$ Beaver Creek Rodeo (Cancelled)10,000.00$ -$ Purina Pro Dog Challenge -$ Purina Pro Dog Challenge -$ -$ Ultimate Apres Avon -$ Ultimate Apres Avon -$ -$ Pride in the Park -$ Pride in the Park -$ -$ Vail Valley Lacrosse Tournament 9,000.00$ Vail Valley Lacrosse Tournament -$ (9,000.00)$ Possibilities in Avon: Weekly Art Market -$ Possibilities in Avon: Weekly Art Market -$ -$ Vail Valley Brew-Au'34,800.00$ Vail Valley Brew-Au' (Cancelled)32,000.00$ (2,800.00)$ XTERRA Mtn. Championship -$ XTERRA Mtn. Championship -$ -$ Triple Bypass 4,500.00$ Triple Bypass (Cancelled)4,500.00$ -$ Dancing in the Park 25,000.00$ Dancing in the Park (Cancelled)30,000.00$ 5,000.00$ 20% Circus Colorado: Circus Bella 34,300.00$ Circus Colorado: Flynn Creek (Cancelled)35,000.00$ 700.00$ 2% Colorado Classic 35,164.00$ Colorado Classic 27,000.00$ (8,164.00)$ -23% Major League Triathlon 67,232.00$ Major League Triathlon -$ (67,232.00)$ -100% Avon Art Festival -$ Avon Art Festival -$ -$ Avon Art Celebration -$ Avon Art Celebration -$ -$ Vail Valley Soccer Cup -$ Vail Valley Soccer Cup -$ -$ Man of the Cliff 10,000.00$ Man of the Cliff (Cancelled)10,000.00$ -$ Additional AvonLIVE! Talent Funding -$ Additional AvonLIVE! Talent Funding 30,000.00$ 100% VVF STARS Program, Local Government Get Together, BOP Commercial 25,500.00$ Other Temp. Art Activations Used Third-Party Funds - See Below 20,000.00$ (5,500.00)$ -22% TOTAL THIRD PARTY & CONTINGENCY:255,496.00$ TOTAL THIRD PARTY & CONTINGENCY:198,500.00$ (56,996.00)$ 22.3% Decrease ART INSTALLATIONS TOTALS ART INSTALLATIONS TOTALS VARIANCE 2019 VS 2020 % OF INCREASE 2019 VS 2020 Temp. Art Installations -$ Temp. Art Installations (AES Art Project, Lasers, Benches, Faces, Virtual Scavenger Hunt)-$ -$ Temp. and/or Permanent Art Installation -$ Temp. and/or Permanent Art Installation -$ -$ TOTAL ART INSTALLATIONS:-$ TOTAL ART INSTALLATIONS:-$ -$ GRAND TOTAL:$670,465.00 GRAND TOTAL:$576,636.00 (93,829.00)$ 14% Decrease 2019 BUDGET REVENUE: FINAL 2020 BUDGET REVENUE: FINAL EVENT SPONSORSHIP TOTALS EVENT SPONSORSHIP TOTALS VARIANCE 2019 VS 2020 % OF INCREASE 2019 VS 2020 Salute to the USA 17,000.00$ Salute to the USA (Cancelled)28,000.00$ 11,000.00$ 65% AvonLIVE! Series -$ AvonLIVE! Series (Cancelled)9,500.00$ 9,500.00$ 100% Best of the West -$ Best of the West -$ -$ Summer's End -$ Summer's End -$ -$ Heart & Soul -$ Heart & Soul -$ -$ Sub -Total:17,000.00$ Sub -Total:37,500.00$ 20,500.00$ 121% ATTACHMENT N REVENUE: % OF INCREASE BUDGET COMPARISON: 2019 VS 2020 GROSS EXPENSE GROSS REVENUE NET 2019 BUDGET EXPENSE: FINAL 2020 BUDGET EXPENSE: FINAL EXPENSES: % OF INCREASE Page 1 of 2 EVENT CONCESSIONS EVENT CONCESSIONS VARIANCE 2019 VS 2020 % OF INCREASE 2019 VS 2020 Revenue Share AvonLIVE! 11,041.00$ Gross AvonLIVE! (Cancelled) 41,400.00$ 30,359.00$ 275% Gross AvonLIVE! Special Edition -$ Gross AvonLIVE! Special Edition -$ -$ Gross Salute to the USA -$ Gross Salute to the USA (Cancelled)41,400.00$ 41,400.00$ 100% SunsetLIVE!-$ SunsetLIVE!-$ -$ Summer's End -$ Summer's End -$ -$ Heart & Soul -$ Heart & Soul -$ -$ Sub -Total:11,041.00$ Sub -Total:82,800.00$ 71,759.00$ 650% TURN-KEY PERMITS TURN-KEY PERMITS VARIANCE 2019 VS 2020 % OF INCREASE 2019 VS 2020 XTERRA Mtn. Championship 300.00$ XTERRA Mtn. Championship -$ (300.00)$ Other TBD 600.00$ Other TBD 300.00$ (300.00)$ Sub-Total:900.00$ Sub-Total:300.00$ (600.00)$ -67% SPECIAL EVENT FEES SPECIAL EVENT FEES VARIANCE 2019 VS 2020 % OF INCREASE 2019 VS 2020 Vendor Fees: Salute 5,385.00$ Vendor Fees: Salute (Cancelled)10,000.00$ 4,615.00$ 86% Vendor Fees: Avon Live -$ Vendor Fees: Avon Live (Cancelled)3,600.00$ 3,600.00$ Vendor Fees: Summer's End -$ Vendor Fees: Summer's End -$ -$ Vendor Fees: Heart & Soul -$ Vendor Fees: Heart & Soul -$ -$ Bridge Banner Fees -$ Bridge Banner Fees 1,000.00$ 1,000.00$ 100% Sound Permits -$ Sound Permits 100.00$ 100.00$ Paddle Battle Registration Fees -$ Paddle Battle Registration Fees -$ -$ SunetSUP Registration Fees -$ SunetSUP Registration Fees -$ -$ Sub -Total:5,385.00$ Sub -Total:14,700.00$ 9,315.00$ 173% SPECIAL EVENT ADMISSION FEES SPECIAL EVENT ADMISSION FEES VARIANCE 2019 VS 2020 % OF INCREASE 2019 VS 2020 Ultimate Apres Avon -$ Ultimate Apres Avon -$ -$ Circus Colorado: Circus Bella 4,008.00$ Circus Colorado: Flynn Creek (Cancelled)4,500.00$ 492.00$ Vail Valley Brew-Fest 1,500.00$ Vail Valley Brew-Au' (Cancelled)1,500.00$ -$ Sub-Total:5,508.00$ Sub-Total:6,000.00$ 492.00$ 9% MOBILE VENDORS MOBILE VENDORS VARIANCE 2019 VS 2020 % OF INCREASE 2019 VS 2020 Food Truck Program -$ Food Truck Program -$ -$ Sub-Total:-$ Sub-Total:-$ -$ PAVILION RENTAL PAVILION RENTAL VARIANCE 2019 VS 2020 % OF INCREASE 2019 VS 2020 Sub-Total:$1,000 Sub-Total:$3,600 2,600.00$ 260% FIELD RENTAL $0 FIELD RENTAL $0 VARIANCE 2019 VS 2020 % OF INCREASE 2019 VS 2020 Sub-Total:$0 Sub-Total:$0 -$ TOTAL FINAL REVENUE:$40,834 TOTAL FINAL REVENUE:$144,900 104,066.00$ 254% Increase Page 2 of 2 2020 Approved Final - Expense 576,636.00$ 2020 Approved Final - (Revenue Not Realized)144,900.00$ 2020 Final Net 431,736.00$ 2021 Approved Final - Expense 672,860.00$ 2021 Approved Final - Revenue 89,799.00$ 2021 Final Net 583,061.00$ Difference 96,224.00$ Difference (55,101.00)$ Difference 151,325.00$ TOWN PRODUCED EVENTS TOTALS TOWN PRODUCED EVENTS TOTALS VARIANCE 2020 VS 2021 % OF INCREASE 2020 VS 2021 Winter Fireworks -$ Winter Fireworks -$ -$ Egg Hunt (Cancelled)14,425.00$ Egg Hunt -$ (14,425.00)$ Town Clean Up 1,585.00$ Town Clean Up 2,100.00$ 515.00$ 32% Eagle County Battle of the Bands -$ Eagle County Battle of the Bands -$ Best of the West -$ Best of the West -$ -$ AvonLIVE! (9) (Five shows cancelled)144,476.00$ AvonLIVE! (10)153,296.00$ 8,820.00$ 6% AvonLIVE! Special Edition -$ AvonLIVE! Special Edition 13,126.00$ 13,126.00$ SunsetLIVE! (12)9,440.00$ SunsetLIVE! (14)22,650.00$ 13,210.00$ 140% Pop Up Music (9)3,400.00$ Pop Up Music (11)8,800.00$ 5,400.00$ 159% Salute to the USA (Cancelled)193,787.00$ Salute to the USA 224,951.00$ 31,164.00$ 16% Lakeside Cinema (8) (Seven shows cancelled)3,628.00$ Lakeside Cinema (6)8,370.00$ 4,742.00$ 131% Paddle Battles -$ Paddle Battles 12,445.00$ 12,445.00$ Sunset SUP Race -$ Sunset SUP Race 3,820.00$ 3,820.00$ Summer's End -$ Summer's End 49,302.00$ 49,302.00$ Community Picnic (Cancelled)7,395.00$ Community Picnic 10,000.00$ 2,605.00$ 35% Heart & Soul Festival -$ Heart & Soul Festival -$ -$ TOWN PRODUCED EVENTS TOTAL:$378,136.00 TOWN PRODUCED EVENTS TOTAL:$508,860.00 $130,724.00 35% THIRD PARTY PRODUCED TOTALS THIRD PARTY PRODUCED TOTALS VARIANCE 2020 VS 2021 % OF INCREASE 2020 VS 2021 Beaver Creek Rodeo (Cancelled)10,000.00$ Beaver Creek Rodeo -$ (10,000.00)$ Purina Pro Dog Challenge -$ Purina Pro Dog Challenge -$ -$ Ultimate Apres Avon -$ Ultimate Apres Avon -$ -$ Pride in the Park -$ Pride in the Park -$ -$ Vail Valley Lacrosse Tournament -$ Vail Valley Lacrosse Tournament -$ -$ Possibilities in Avon: Weekly Art Market -$ Possibilities in Avon: Weekly Art Market -$ -$ Vail Valley Brew-Au' (Cancelled)32,000.00$ Vail Valley Brew-Au'32,000.00$ -$ XTERRA Mtn. Championship -$ XTERRA Mtn. Championship -$ -$ Triple Bypass (Cancelled)4,500.00$ Triple Bypass -$ (4,500.00)$ -100% Dancing in the Park (Cancelled)30,000.00$ Dancing in the Park 30,000.00$ -$ Circus Colorado: Flynn Creek (Cancelled)35,000.00$ Circus Colorado: Flynn Creek 35,000.00$ -$ Colorado Classic 27,000.00$ Colorado Classic -$ (27,000.00)$ -100% Major League Triathlon -$ Major League Triathlon -$ -$ Avon Art Festival -$ Avon Art Festival -$ -$ Avon Art Celebration -$ Avon Art Celebration -$ -$ Vail Valley Soccer Cup -$ Vail Valley Soccer Cup -$ -$ Man of the Cliff (Cancelled)10,000.00$ Man of the Cliff (Cancelled)10,000.00$ -$ Additional AvonLIVE! Talent Funding 30,000.00$ Additional AvonLIVE! Talent Funding Other Temp. Art Activations Used Third-Party Funds - (AES Art Project, Lasers, Benches, Faces, Virtual Scavenger Hunt)20,000.00$ Music Activation - Sponsorship 12,000.00$ (8,000.00)$ -40% TOTAL THIRD PARTY & CONTINGENCY:198,500.00$ TOTAL THIRD PARTY & CONTINGENCY:119,000.00$ (79,500.00)$ -40% ART INSTALLATIONS TOTALS ART INSTALLATIONS TOTALS VARIANCE 2020 VS 2021 % OF INCREASE 2020 VS 2021 Temp. Art Installations -$ Temp. Art Installations 20,000.00$ 20,000.00$ Temp. and/or Permanent Art Installation -$ Temp. and/or Permanent Art Installation 25,000.00$ 25,000.00$ TOTAL ART INSTALLATIONS:-$ TOTAL ART INSTALLATIONS:45,000.00$ 45,000.00$ GRAND TOTAL:$576,636.00 GRAND TOTAL:$672,860.00 96,224.00$ 17% 2020 BUDGET REVENUE: FINAL 2021 BUDGET REVENUE: FINAL EVENT SPONSORSHIP TOTALS EVENT SPONSORSHIP TOTALS VARIANCE 2020 VS 2021 % OF INCREASE 2020 VS 2021 Salute to the USA (Cancelled)28,000.00$ Salute to the USA 16,000.00$ (12,000.00)$ -43% AvonLIVE! Series (Cancelled)9,500.00$ AvonLIVE! Series -$ (9,500.00)$ -100% Best of the West -$ Best of the West -$ -$ Summer's End -$ Summer's End -$ -$ Heart & Soul -$ Heart & Soul -$ -$ Sub -Total:37,500.00$ Sub -Total:16,000.00$ (21,500.00)$ REVENUE: % OF INCREASE ATTACHMENT O BUDGET COMPARISON: 2020 VS 2021 GROSS REVENUE 2021 BUDGET EXPENSE: FINAL GROSS EXPENSE 2020 BUDGET EXPENSE: FINAL NET EXPENSES: % OF INCREASE Page 1 of 2 EVENT CONCESSIONS EVENT CONCESSIONS VARIANCE 2020 VS 2021 % OF INCREASE 2020 VS 2021 Gross AvonLIVE! (Cancelled) 41,400.00$ Gross AvonLIVE! 16,865.00$ (24,535.00)$ -59% Gross AvonLIVE! Special Edition -$ Gross AvonLIVE! Special Edition 897.00$ 897.00$ Gross Salute to the USA (Cancelled)41,400.00$ Gross Salute to the USA 28,424.00$ (12,976.00)$ -31% SunsetLIVE!-$ SunsetLIVE!6,847.00$ 6,847.00$ Summer's End -$ Summer's End 5,735.00$ 5,735.00$ Heart & Soul -$ Heart & Soul -$ -$ Sub -Total:82,800.00$ Sub -Total:58,768.00$ (24,032.00)$ -29% TURN-KEY PERMITS TURN-KEY PERMITS VARIANCE 2020 VS 2021 % OF INCREASE 2020 VS 2021 XTERRA Mtn. Championship -$ XTERRA Mtn. Championship 300.00$ 300.00$ Other TBD 300.00$ Other TBD 600.00$ 300.00$ Sub-Total:300.00$ Sub-Total:900.00$ 600.00$ SPECIAL EVENT FEES SPECIAL EVENT FEES VARIANCE 2020 VS 2021 % OF INCREASE 2020 VS 2021 Vendor Fees: Salute (Cancelled)10,000.00$ Vendor Fees: Salute 4,600.00$ (5,400.00)$ -54% Vendor Fees: Avon Live (Cancelled)3,600.00$ Vendor Fees: Avon Live 2,400.00$ (1,200.00)$ -33% Vendor Fees: Summer's End -$ Vendor Fees: Summer's End 300.00$ 300.00$ Vendor Fees: Heart & Soul -$ Vendor Fees: Heart & Soul -$ -$ Bridge Banner Fees 1,000.00$ Bridge Banner Fees 300.00$ (700.00)$ -70% Sound Permits 100.00$ Sound Permits 100.00$ -$ Paddle Battle Registration Fees -$ Paddle Battle Registration Fees -$ -$ SunetSUP Registration Fees -$ SunetSUP Registration Fees -$ -$ Sub -Total:14,700.00$ Sub -Total:7,700.00$ (7,000.00)$ -48% SPECIAL EVENT ADMISSION FEES SPECIAL EVENT ADMISSION FEES VARIANCE 2020 VS 2021 % OF INCREASE 2020 VS 2021 Ultimate Apres Avon -$ Ultimate Apres Avon -$ -$ Circus Colorado: Flynn Creek (Cancelled)4,500.00$ Circus Colorado: Flynn Creek 3,358.00$ (1,142.00)$ -25% Vail Valley Brew-Au' (Cancelled)1,500.00$ Vail Valley Brew-Au'2,073.00$ 573.00$ 38% Sub-Total:6,000.00$ Sub-Total:5,431.00$ (569.00)$ MOBILE VENDORS MOBILE VENDORS VARIANCE 2020 VS 2021 % OF INCREASE 2020 VS 2021 Food Truck Program -$ Food Truck Program -$ -$ Sub-Total:-$ Sub-Total:-$ -$ PAVILION RENTAL PAVILION RENTAL VARIANCE 2020 VS 2021 % OF INCREASE 2020 VS 2021 Sub-Total:$3,600 Sub-Total:$1,000 (2,600.00)$ FIELD RENTAL $0 FIELD RENTAL $0 VARIANCE 2020 VS 2021 % OF INCREASE 2020 VS 2021 Sub-Total:$0 Sub-Total:$0 -$ TOTAL FINAL REVENUE:$144,900 TOTAL FINAL REVENUE:$89,799 (55,101.00)$ -38% Page 2 of 2 2021 Approved Final - Expense 672,860.00$ 2021 Approved Final - Revenue $89,799.00 2021 FINAL 583,061.00$ Adopted 2022: April 27, 2022 767,132.96$ Adopted 2022: April 27, 2022 72,852.00$ Adopted 2022: April 27, 2022 694,280.96$ Difference 94,272.96$ Difference (16,947.00)$ Difference 111,219.96$ TOWN PRODUCED EVENTS TOTALS TOWN PRODUCED EVENTS TOTALS VARIANCE 2021 VS 2022 % OF INCREASE 2021 VS 2022 Winter Fireworks -$ Winter Fireworks -$ -$ Egg Hunt -$ Egg Hunt 15,275.00$ 15,275.00$ 100% Town Clean Up 2,100.00$ Town Clean Up 2,100.00$ -$ Eagle County Battle of the Bands -$ Eagle County Battle of the Bands -$ Best of the West -$ Best of the West -$ -$ AvonLIVE! (9)153,296.00$ AvonLIVE! (10)167,769.00$ 14,473.00$ 9% AvonLIVE! Special Edition 13,126.00$ AvonLIVE! Special Edition -$ (13,126.00)$ -100% SunsetLIVE! (14)22,650.00$ SunsetLIVE! (14)22,850.00$ 200.00$ 1% Pop Up Music (11)8,800.00$ Pop Up Music (11) $ 8,800.00 -$ Salute to the USA 224,951.00$ Salute to the USA 258,560.96$ 33,609.96$ 15% Lakeside Cinema (6)8,370.00$ Lakeside Cinema (9)16,252.00$ 7,882.00$ 94% Paddle Battles 12,445.00$ Paddle Battles 16,151.00$ 3,706.00$ 30% Sunset SUP Race 3,820.00$ Sunset SUP Race (2)3,826.00$ 6.00$ 0% Summer's End 49,302.00$ Summer's End 37,549.00$ (11,753.00)$ -24% Community Picnic 10,000.00$ Community Picnic 14,000.00$ 4,000.00$ 40% Heart & Soul Festival -$ Heart & Soul Festival 68,041.00$ 68,041.00$ 100% TOWN PRODUCED EVENTS TOTAL:$508,860.00 TOWN PRODUCED EVENTS TOTAL:$631,173.96 $122,313.96 24% THIRD PARTY PRODUCED TOTALS THIRD PARTY PRODUCED TOTALS VARIANCE 2021 VS 2022 % OF INCREASE 2021 VS 2022 Beaver Creek Rodeo -$ Beaver Creek Rodeo -$ Purina Pro Dog Challenge -$ Purina Pro Dog Challenge -$ Ultimate Apres Avon -$ Ultimate Apres Avon 10,000.00$ 10,000.00$ 100% Pride in the Park -$ Pride in the Park -$ -$ Vail Valley Lacrosse Tournament -$ Vail Valley Lacrosse Tournament -$ -$ Possibilities in Avon: Weekly Art Market -$ Possibilities in Avon: Weekly Art Market -$ -$ Vail Valley Brew-Au'32,000.00$ Vail Valley Brew-Au'32,000.00$ -$ XTERRA Mtn. Championship -$ XTERRA USA Nationals -$ -$ Triple Bypass -$ Triple Bypass -$ -$ Dancing in the Park 30,000.00$ Dancing in the Park 30,000.00$ -$ Circus Colorado: Flynn Creek 35,000.00$ Circus Colorado: Flynn Creek (Cancelled; Transferred to Heart & Soul++)6,959.00$ (28,041.00)$ Colorado Classic -$ Colorado Classic -$ -$ Avon Art Festival -$ Avon Art Festival -$ -$ Avon Art Festival -$ Avon Art Festival -$ -$ Avon Art Celebration -$ Avon Art Celebration 3,000.00$ 3,000.00$ 100% Vail Valley Soccer Cup -$ Vail Valley Soccer Cup -$ -$ Man of the Cliff (Cancelled)10,000.00$ Man of the Cliff 10,000.00$ -$ Music Activation - Sponsorship 12,000.00$ Contingency (Transferred to $40K Heart & Soul++)-$ (12,000.00)$ -100% TOTAL THIRD PARTY & CONTINGENCY:119,000.00$ TOTAL THIRD PARTY & CONTINGENCY:91,959.00$ $ (27,041.00)-23% ART INSTALLATIONS TOTALS ART INSTALLATIONS TOTALS VARIANCE 2022 VS 2023 % OF INCREASE 2022 VS 2023 Temp. Art Installations 20,000.00$ Temp. Art Installations 44,000.00$ 24,000.00$ 120% Temp. and/or Permanent Art Installation 25,000.00$ Temp. and/or Permanent Art Installation -$ (25,000.00)$ -100% TOTAL ART INSTALLATIONS:45,000.00$ TOTAL ART INSTALLATIONS:44,000.00$ (1,000.00)$ -2% GRAND TOTAL:$672,860.00 GRAND TOTAL:$767,132.96 2021 BUDGET REVENUE: FINAL 2022 BUDGET REVENUE: ADOPTED APRIL AMENDMENT EVENT SPONSORSHIP TOTALS EVENT SPONSORSHIP TOTALS VARIANCE 2021 VS 2022 % OF INCREASE 2021 VS 2022 Salute to the USA 16,000.00$ Salute to the USA 10,000.00$ (6,000.00)$ -38% AvonLIVE! Series -$ AvonLIVE! Series -$ -$ Best of the West -$ Best of the West -$ -$ Summer's End -$ Summer's End -$ -$ Heart & Soul -$ Heart & Soul -$ -$ REVENUE: % OF INCREASE GROSS EXPENSE BUDGET COMPARISON: 2021 VS 2022 ATTACHMENT P 2022 BUDGET EXPENSE: ADOPTED APRIL AMENDMENT NET 2021 BUDGET EXPENSE: FINAL GROSS REVENUE EXPENSES: % OF INCREASE Page 1 of 2 Sub -Total:16,000.00$ Sub -Total:10,000.00$ (6,000.00)$ -38% EVENT CONCESSIONS EVENT CONCESSIONS VARIANCE 2021 VS 2022 % OF INCREASE 2021 VS 2022 Gross AvonLIVE! 16,865.00$ Gross AvonLIVE! 16,865.00$ -$ Gross AvonLIVE! Special Edition 897.00$ Gross AvonLIVE! Special Edition -$ (897.00)$ -100% Gross Salute to the USA 28,424.00$ Gross Salute to the USA 28,000.00$ (424.00)$ -1% SunsetLIVE!6,847.00$ SunsetLIVE!-$ (6,847.00)$ -100% Summer's End 5,735.00$ Summer's End 4,500.00$ (1,235.00)$ -22% Heart & Soul -$ Heart & Soul -$ -$ Sub -Total:58,768.00$ Sub -Total:49,365.00$ (9,403.00)$ -16% TURN-KEY PERMITS TURN-KEY PERMITS VARIANCE 2021 VS 2022 % OF INCREASE 2021 VS 2022 XTERRA Mtn. Championship 300.00$ Other TBD 900.00$ 600.00$ Other TBD 600.00$ (600.00)$ Sub-Total:900.00$ Sub-Total:900.00$ -$ SPECIAL EVENT FEES SPECIAL EVENT FEES VARIANCE 2021 VS 2022 % OF INCREASE 2021 VS 2022 Vendor Fees: Salute 4,600.00$ Vendor Fees: Salute 4,600.00$ -$ Vendor Fees: Avon Live 2,400.00$ Vendor Fees: Avon Live 2,000.00$ (400.00)$ -17% Vendor Fees: Summer's End 300.00$ Vendor Fees: Summer's End 300.00$ -$ Vendor Fees: Heart & Soul -$ Vendor Fees: Heart & Soul 300.00$ 300.00$ 100% Bridge Banner Fees 300.00$ Digital Sign Fees -$ (300.00)$ -100% Sound Permits 100.00$ Sound Permits 100.00$ -$ 0% Paddle Battle Registration Fees -$ Paddle Battle Registration Fees 400.00$ 400.00$ 100% SunetSUP Registration Fees -$ SunsetSUP Registration Fees 250.00$ 250.00$ 100% Sub -Total:7,700.00$ Sub -Total:7,950.00$ 250.00$ 3% SPECIAL EVENT ADMISSION FEES SPECIAL EVENT ADMISSION FEES VARIANCE 2021 VS 2022 % OF INCREASE 2021 VS 2022 Ultimate Apres Avon -$ Ultimate Apres Avon 669.00$ 669.00$ 100% Circus Colorado: Flynn Creek 3,358.00$ Circus Colorado: Flynn Creek -$ (3,358.00)$ -100% Vail Valley Brew-Au'2,073.00$ Vail Valley Brew-Au'1,968.00$ (105.00)$ -5% Sub-Total:5,431.00$ Sub-Total:2,637.00$ (2,794.00)$ -51% MOBILE VENDORS MOBILE VENDORS VARIANCE 2021 VS 2022 % OF INCREASE 2021 VS 2022 Food Truck Program -$ Food Truck Program -$ -$ Sub-Total:-$ Sub-Total:-$ -$ PAVILION RENTAL PAVILION RENTAL VARIANCE 2021 VS 2022 % OF INCREASE 2021 VS 2022 Sub-Total:$1,000 Sub-Total:$2,000 1,000.00$ 100% FIELD RENTAL $0 FIELD RENTAL $0 VARIANCE 2021 VS 2022 % OF INCREASE 2021 VS 2022 Sub-Total:$0 Sub-Total:$0 -$ TOTAL FINAL REVENUE:$89,799 TOTAL PROJECTED REVENUE:72,852.00$ (16,947.00)$ -19% Page 2 of 2 2022 Special Events Recap October 17, 2022 ATTACHMENT Q 1.Executed a Full, Vibrant & Community Centric Calendar of Events 2.Hosted Inaugural Ultimate Après Avon, April 16th 3.Hosted XTERRA USA Championships Festival, July 16th and secured event for next year in August 4.Launched SunsetSUP! Race Series, July 15th & August 19th 5.Sustainability -Diversion Rate Goal TBD 6.Operated Alcohol Concessions with more Efficiencies 7.Grew Art Around Avon Temporary Installations (19) Over 34,000 guests attended Avon events over the summer! 2022 APPROVED BUDGET1: 4/27/2022 Special Event |Art Installation Expense: $767,132 Gross Revenue Projections: $72,852 NET Expense: $694,281 Available Days Memorial Weekend to October 31st = 154 Total Days Activated: 87 Total Staff Interactions: 142 •One Full Time CASE Manager | One Full Time Special Event Coordinator •Admin Support from General Government •20 volunteers = 660 Volunteer Hours 1 Does not include personnel costs, general operations, travel, meals, memberships, computers, etc. Town Produced Events/Series: 12 Town Produced Event Days: 53 Town Operated Concession Days: 13 Third Party Funded Producers: 9 Third Party Funded Produced Event Days: 19 Non-Funded Special Event Permits: 9 Non-Funded Special Event Days: 55 Private Pavilion Rentals: 13 Private Rental Days: 15 Kids Activities | Family! Egg Hunt Spring Celebration for Families •Saturday, April 16th •Budget Expense: $15,275 •Approximate Attendance: 1,000 •10,000 Eggs Stuffed Pop-Up Music Weekly Performers on the Main Street Mall •Saturdays June 25th -September 3rd (10) •Main Street Mall @ Lettuce Shed Lane •Ambient activation for passers-by •Budget Expense: $8,800 Town Clean Up Day Leveraging Community to Keep Avon Beautiful •Saturday, June 4th •Budget Expense: $2,100 •Approximate Attendance: 42 Volunteers SunsetLIVE! Free Weekly Concert Series on the Terrace •Sundays May 29th to September 4th (14) •Budget Expense: $22,850 •Approximate Attendance over 14 Shows: 2,092 •Cancellations due to weather: 3 Friends | Family! Community | Gratitude! AvonLIVE! Free Weekly Concert Series at the Avon Performance Pavilion •Wednesdays June 22nd to August 31st (10) •Budget Expense: $167,769 •Budget Revenue: $18,875 | $16,875 in concession | $2,000 in vendor fees •Actual Revenue: $33,136 | $30,636 in concession | $2,500 in vendor fees •Approximate Attendance over 10 Shows: 9,170 •No Rained Out Shows! •Nine (9) Fridays between July 8th and September 2nd •Budget Expense: $16,252 •Approximate Total Attendance for Summer: 655 •Cancellations Due to Weather: 2 Relaxing | Energy! Lakeside Cinema Free Outdoor Movie Series SunsetSUP! New Standup Paddle Board Race Series •Fridays July 15th and August 19th (2) •Nottingham Lake & Beach •Budget Expense: $3,826 •Approximate Total Participation: 7 •Cancellations to Weather: 1 •Budget Expense: $258,560 •Budget Revenue: $48,600 | $16,000 in sponsorship | $28,000 in concessions | $4,600 in vendor fees •Actual Revenue: $ | $36,488 in concession | $8,100 in vendor fees •Approximate Attendance: 18,534 Salute to the USA Avon’s Signature Independence Day Extravaganza on July 3rd Gathering | Celebrating! •Labor Day Weekend: September 2nd –September 5th •Lakeside Cinema, Paddle Battle, Cardboard Regatta, Extended SunsetLIVE!, Summer’s End Concert •Budget Expense: $54,200 | $16,651 (Paddle Battle) plus $37,549 (Concert) •Budget Revenue: $4,800 | $4,500 in concessions | $300 in vendor fees Summer’s End A Long Weekend of Activities to Finish the Season Labor Day Weekend Family Fun! •Saturday, September 17th 4:00 to 9:00 p.m. •Approximate Budget Expense: $68,000 •Budget Revenue: $4,500 •Approximate Attendance: 1,112 Heart & Soul Festival Music | Community | Art Exciting | New! •Eight (8) Producers | Sixteen (16) Event Days •Budget Expense: $160,000 | $120,000 to Producers; $40,000 in Contingency1 •Budget Revenue: $7,200 | $1,500 Après Avon | $2,200 Brew Au’ •Actual Revenue: $3,000 | $669 Après Avon | $1,968 Brew Au’ 3rd Party Funded Producers 1.Radiate Live Events = Ultimate Après Avon (1) 2.Mountain Pride = Pride in the Park (1) 3.Vail Lacrosse = Vail Valley Lacrosse Tournament (3) 4.XTERRA Global = USA Championships (2) 5.CCM Events = Avon Arts Celebration (6); Two full weekends! 6.Vail Valley Foundation = Dancing in the Park (1) 7.Right On Productions = Vail Valley Brew’ Au (1) 8.Vail Valley Soccer = Vail Valley Soccer Tournament (2) 9.10th Mountain Mgmt. = Man of the Cliff (2) 1 $40,000 in remaining contingency used for Heart & Soul Festival •10 events, 10 event days •Expense: $ •Revenue: $ Art & Culture! Non-Funded Special Event Permits (YTD) •Nine (9) Permits •Fifty-Five (55) Event Days Non-Funded Events & Private Rentals Over 40 inquiries throughout the year for 2022 1.Vail Valley Soccer Practice & Games (39) 2.Wright Family Reunion (1) 3.Colorado Disc Dogs Championship (1) 4.Sheraton All Staff Picnic (1) 5.Eagle Valley Outdoor Movement: Diversify Whitewater (1) 6.Eagle River Watershed Counsel: Flyfishing (1) 7.Mission Hills Church Retreat (1) 8.Vail Health Community Game Day (9) 9.Special Olympics Polar Plunge (1) •10 events, 10 event days •Expense: $ •Revenue: $ Avon…Popular Place! 1.BluSky Restoration Contractors (1) 2.Vail Valley Soccer Banquet (1) 3.Berry Creek Middle School Continuation Ceremony (1) 4.Education Foundation of Eagle County Teacher Appreciation Night (1) 5.Vail Valley Business Women (1) 6.Lacrosse Team Dinner (1) 7.National Children’s Chorus: A Youth Opera (3) 8.Town of Avon Employee Picnic (1) 9.PTO Edwards (1) 10.Stennor Dahlen Private Rental (1) 11.Forefront –Elevation Beaver Creek (1) 12.Calyn Rieger Political Rally (1) 13.Wedding Ceremony (1) Private Pavilion Rentals (YTD) •Thirteen (13) Rentals •Fifteen (15) Event Days Art In Avon •Permanent Installations: 9 Historical Markers •Temporary Installations: 6 Storm Drain Decals & Educational Signs |19 Sculptures & Avon Art Walk event •65-point Art Around Avon digital and printed walking tour map •Budget Expense: $44,000 Surprise & Delight! Special Event Volunteers •20 Amazing Volunteers •Assisted with 33 Event Days •Approximately 660 Aggregate Participant Hours Gratitude! Thank you! ddempsey@avon.org 970-748-4065 ddempsey@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Danita Dempsey, Culture, Arts & Special Events Manager RE: Knox Galleries Sculptures DATE: October 14, 2022 SUMMARY: This report provides a summary of nine (9) bronze sculptures owned by Knox Galleries which have recently been extended to the Town to consider for purchase. Staff is seeking direction regarding entering negotiations to purchase any number of the nine (9) bronze sculptures. And, to provide context and backstory to the Town’s investment in bronze sculptures, this report delivers an overview of all the bronze sculptures either owned by the Town or on loan to the Town, and on exhibition in the Town of Avon. BACKGROUND: 1. Knox Galleries Owned - The Town was approached by Knox Galleries on June 30th, 2022, regarding the purchase of nine (9) Knox Galleries owed bronze sculptures some of which have been on exhibition in the Town since 1997. Staff was directed to secure an appraisal of the nine (9) bronze sculptures and discuss with the CASE Committee prior to presenting to Town Council. Additionally, the Knox Galleries Inventory Report details the following for each piece being considered: a. Artist b. Title c. Image Size/Measurement d. Base Size e. Editions (How many editions were made) f. Date g. Signed (By artist) The Knox Galleries Inventory Report is provided as ATTACHMENT A. Each of the seven (7) voting members of the CASE Committee were requested to provide feed back regarding retaining each sculpture with a yes or no vote; yes, indicating a recommendation to retain the sculpture. The request was sent out via email on Saturday, September 17th, with a subject headline of “CONFIDENTIAL WORK PRODUCT - TIME SENSITIVE - Knox Galleries Bronze Sculptures”. All voting members responded, and the results are provided in Table 1 below which indicate consensus to retain five (5) of the nine (9) sculptures. Page 2 of 4 Additionally, two CASE Committee members offered comments which are shared below: One: “While the bronzes are not my own preferred type of art, over the years I have seen many guests stop and appreciate the bronzes and take pictures of them. I believe it is part of our art tradition in Town and these pieces should be preserved and included as part of a broader collection of art that is more diverse but that also includes bronzes. But definitely not just bronzes. My other comment is that many of these were deliberately placed along the Main Street Mall as they have a playful aspect to them, especially the ones with children, and that they meshed well with the casual landscape environment and as the main route leading from the Town Center to the Park. If we had to get rid of one, it would be the nude woman. I do not think she in a favorable location and would be better located in a garden like environment somewhere in Town. I am a big fan of the Lasso and have always felt it is one of the more intriguing sculptures we have in Town, and because it is not a bronze, and has a cool abstract shape that can be interpreted as #Artist Title YES NO 4 Gerald Balciar Mother's Pride 6 N/A 3 Martha Pettigrew Enduring Navajo 5 1 2 Russel Jacques Colorado Journey (Lasso) 4 2 9 Dennis Smith Stilt Walkers 4 2 7 Dennis Smith Skip Rope 4 3 5 Scott Streadbeck Growing Together 3 4 8 Dennis Smith Soccer Kids 3 4 6 Dennis Smith Setting Sail 2 4 1 Bobbie Carlyle Jennifer 2 4 CASE Committee Recommendations: Bronze Sculptures on Loan From Knox Galleries Table 1 Page 3 of 4 many different things. It is sort of mysterious and I like the fact it reflects color and light, it helps it fit in, in whatever location it is placed because of the mirrored reflection.” Two: “Five of the nine depict children playing. That is fitting for Avon's image as a family-friendly town. If Ollie and Pledge of Allegiance are already owned and were to remain where they are, my votes reflect the depiction of children (thus family) throughout the length of the MSM pathway. Grow Old Together and Setting Sail are seasonal, but I think the watering can (Growing Together) is more fitting with the surrounding landscaping. Setting Sail would be neat if it were near the beach or closer to the park, but then it would be separated from the rest of the bronze. Stilt Walkers I like because of the size and that it keeps the theme of children on the other end of MSM. However, it is an odd activity - how often do kids play with stilts? Whereas skateboard, soccer and jump rope are universal. So, I like it, but would not be opposed to something else with a similar footprint that fits with the family-friendly theme.” 2. Complete Bronze Sculptures Inventory – The Town currently owns fourteen (14) bronze sculptures which were purchased between 1997 and 2003 and twelve (12) of which are on exhibition. The two (2) not on exhibition are busts sculptures like those of Judy Yoder and Cowboy Mayor and are in storage, (I believe the busts in storage are Danny Willimas and Gloria McRory). Also, there are two (2) sculptures owned by the Library District and nine (9) owned by Knox Galleries. All twenty-five (25) bronze sculptures are listed in the Complete Bronze Sculpture Inventory Report which includes the title, description, artist, date acquired, acquisition price (donations, in-kind contribution, and Town contribution), and location for each sculpture. The Complete Bronze Sculpture Inventory Report is provided as ATTACHMENT B. Additionally, the Town is in the process of having an Insurance Replacement Coverage Value appraisal done on the twelve (12) Town owned bronze sculptures on exhibition. This appraisal should be complete in the next 30-days and was last done in 2007 and indicates a comprehensive appraised value of $2,963,000. Furthermore, to facilitate discussions, ATTACHMENT C provides pictures, title, artist, purchase price, and appraisal history for all bronze sculptures currently on exhibition in the Town. RECOMMENDATION: Regarding the Knox Galleries owned bronze sculptures, I agree with and support the recommendation offered by the CASE Committee except for retaining Skip Rope. I feel Skip Rope, Growing Old Together, Soccer Kids and Setting Sail represent a collection of children playing and keeping one of the four would not be meaningful or impactful to the Towns general collection. TOWN MANAGER RECOMMENDATION OR COMMENTS: I recommend submitting an offer for all the pieces except Jennifer at the fair market value indicated in the appraisal. I also am on the fence about the children pieces but support an offer to acquire for these reasons: (1) they are reflective of family values in Avon, (2) it will be more expensive to find replacement pieces, and (3) we can find alternative locations in Town as appropriate, such as moving Setting Sail to a location near the lake. The sale to the Town of Avon would be tax exempt. Page 4 of 4 Thank you, Danita ATTACHMENT A: Knox Galleries Inventory Report ATTACHMENT B: Complete Bronze Sculpture Inventory Report ATTACHMENT C: Bronze Sculpture Image Inventory #Artist Title Description Location Description Image Size/ Measurements Base Size Edition Date Signed? 1 Bobbie Carlyle Jennifer Woman nude Benchmark Road South Side @ White River Bldg. 57 1/4 H x 17" W x 23" D; website says says H 5’2”23" x 17" 2 of 45 1992 "©Bobbie Carlyle 1992 2/45" 2 Russel Jacques Colorado Journey (Lasso)Metal modern "lasso"Benchmark Road South Side @ White River Bldg. 124" H x 72" W x 80" D 58 3/4" stainless base cap over circular concrete 1 of 1 N/A N/A 3 Martha Pettigrew Enduring Navajo Indian person holding staff Avon Road West Side @ RAB #4 78" H x 33" W x 24" D; artist website says: 78" H; Artnet says: 78 x 29 x 26 in 1 1/2" H x 24" x 24" D 5 of 12 1999 "Martha Pettigrew © 1999 5/12" 4 Gerald Balciar Mother's Pride Mother bear and three cubs MSM / North Side @ Lettuce Shed Lane 108" H x 101" W x 35" D; invaluable says: 108" H x 101" W x 34" D H varies x 114" L x 58" D 2 of 12 2002 "G Balciar © 2002 2/12" 5 Scott Streadbeck Growing Together Two children with water jug MSM / South Side 53" H x 31" W x 28" D; website says: H 53″ x W 30″ x D 31″ in ground from 1/2" to 2" H x 31" W x 16 1/2" D 2 of 20 2012 "Scott Streadbeck 12' 2/20" 6 Dennis Smith Setting Sail Two children with toy sail boat MSM / South Side 50"H x 29 1/2 L x 33" D; website says: 51" H x 32" W x 37" D In ground c. 2" H x 26" W x 28" D, bean- shaped AC of 12 1992 "AC/12 Dennis Smith 92" 7 Dennis Smith Skip Rope Girl jumping rope MSM / South Side 59" H x 38" W x 20" D; website says: 60” H x 37” W x 23” D circle 15" x 15" 8 of 15 2002 "8/15 Dennis Smith '02" 8 Dennis Smith Soccer Kids Two children kicking ball MSM / North Side 60" H x 63" W x 49" D; website says: 62” H x 67” W x 53” D Square 24" x 24" 3 of 12 1999 "3/12 Dennis Smith '99" 9 Dennis Smith Stilt Walkers Four children on stils MSM / Possibilities Plaza 144" H x 114" W x 58" D; website says: 12' H plate under one set of stilts "10 1/2 x 17 1/2 2 of 12 2003 "2/12 Dennis Smith '3" ATTACHMENT A - INVENTORY REPORT KNOX GALLERIES / AVON COLLECTION Location #Title Verbal Descriptor Artist Date Acquired or Loaned Initial Retail Price at Time of Purchase Private Donations Art Council: In Kind Paid By Town of Avon Appraised Value as of 5/11/2004 Appraised Value as of 8/07/2007 Location Description 3 Skip Rope Girl jumping rope Dennis Smith 2014 ON LOAN ON LOAN ON LOAN ON LOAN MSM / South Side 4 Soccer Kids Two children kicking ball Dennis Smith 2014 ON LOAN ON LOAN ON LOAN ON LOAN MSM / North Side 5 Grow Old Together Two children with water jug Scott Streadbeck 2014 ON LOAN ON LOAN ON LOAN ON LOAN MSM / South Side 7 Setting Sail Two children with toy sail boat Dennis Smith 2014 ON LOAN ON LOAN ON LOAN ON LOAN MSM / South Side 14 Mother's Pride Mother bear and three cubs Gerald Balciar 2002 ON LOAN ON LOAN ON LOAN ON LOAN 95,000$ 120,000.00$ MSM / North Side @ Lettuce Shed Lane 16 Stilt Walkers Four children on stils Dennis Smith 2014 ON LOAN ON LOAN ON LOAN ON LOAN MSM / Possibilities Plaza 18 Jennifer Woman nude Bobbie Carlyle 1997 ON LOAN ON LOAN ON LOAN ON LOAN Benchmark Road South Side @ White River / Slifer Bldg. 19 Enduring Navajo Indian person holding staff Martha Pettigrew 2014 ON LOAN ON LOAN ON LOAN ON LOAN Avon Road West Side @ RAB #4 20 Lasso Metal modern "lasso"Russel Jacques 2014 ON LOAN ON LOAN ON LOAN ON LOAN Avon Road RAB #4 -$ -$ -$ -$ 95,000.00$ 120,000.00$ 1 Eat More Beef Giant pig Sandy Scott 2000 36,000.00$ 14,700.00$ 6,300.00$ -$ 36,000$ -$ In landscaping on east facing wall of Avon Library @ Mikaela Way 2 The Classics Adult and two children sitting on bench w/book open George Lundeen 1999 36,000.00$ 30,000.00$ 10,800.00$ -$ 45,000$ 120,000.00$ At entrance to the Avon Library 72,000.00$ 44,700.00$ 17,100.00$ -$ 36,000.00$ 120,000.00$ Glenna Goodacre 1992 275,000.00$ -$ 137,500.00$ 137,500.00$ 450,000.00$ 550,000.00$ 8 Ollie Skateboarder 1993 MSM / South Side 10 CEO Lady w/briefcase MSM / South Side 9 Dance Day Indian woman w/girl MSM / South Side 12 Contractor Worker & Architect Man in cowboy hat pointing & man holding hard hat MSM / North Side 11 Family Man and wife w/baby MSM / South Side 6 On The Edge Downhill skier George Lundeen 2003 120,000.00$ 120,000.00$ -$ -$ 120,000.00$ 175,000.00$ MSM / Main Entry to Town Hall 13 Pledge of Allegiance Six children rasing the American flag Glenna Goodacre 1995 195,000.00$ -$ 45,000.00$ 150,000.00$ 495,000.00$ 595,000.00$ MSM / South Side @ Lettuce Shed Lane 17 Checkmate Cowboy Lassoing a Horse Herb Mignery 1989 175,000.00$ 2,000.00$ 25,000.00$ 150,000.00$ 350,000.00$ 450,000.00$ Possibilities Plaza 22 Rite of Passage Four large running horses Sandy Scott 1996 475,000.00$ -$ 111,000.00$ 364,000.00$ 575,000.00$ 675,000.00$ Center of RAB #3 23 Judy Yoder Bust of woman in button down blouse and jacket George Lundeen 2002 6,600.00$ 6,600.00$ -$ -$ 18,000.00$ 18,000.00$ Avon Road / West Side @ RAB#3 24 Cowboy Mayor Bust of cowboy w/hat and kerchief around neck (Alan Nottingham)Herb Mignery 1993 6,600.00$ 6,600.00$ -$ -$ 20,000.00$ 20,000.00$ Avon Road / West Side @ RAB#3 39 Basket Dancer Three indian women (Zuni, Hopi and Navajo) w/ ceremonlial clothing and abskets Glenna Goodacre 1993 95,000.00$ -$ 45,000.00$ 50,000.00$ 350,000.00$ 450,000.00$ In front of Wells Fargo parking lot N/A Danny Willaims Bust of man Herb Mignery 1994 6,600.00$ 6,600.00$ -$ -$ 18,000.00$ 18,000.00$ In storage at 351 N/A Gloria McRory Bust of woman w/ mid-shoulder curly hair Jim Agius 2001 6,600.00$ 6,600.00$ -$ -$ 12,000.00$ 12,000.00$ In storage at 351 1,361,400.00$ 148,400.00$ 363,500.00$ 851,500.00$ 2,408,000.00$ 2,963,000.00$ TOWN OWNED KNOX GALLERIES LIBRARY DISTRICT Sidewalk Society: Collection ATTACHMENT B - COMPLETE BRONZE SCULPTURE INVENTORY Bronze Sculptures October 14, 2022 Bronze Sculpture Image Inventory By: Danita Dempsey & Chelsea Van Winkle ATTACHMENT C Bronze Sculptures Breakdown TWENTY FIVE BRONZE SCULPTURES ●Knox Galleries: 9 Sculptures ●Library Owned: 2 Sculptures ●Town Owned: 14 Sculptures Knox Galleries Owned ARTIST: DENNIS SMITH Skip Rope Soccer Kids ARTIST: DENNIS SMITH Knox Galleries Owned ARTIST: DENNIS SMITH Setting SailGrow Old Together ARTIST: SCOTT STREADBECK Knox Galleries Owned ARTIST: DENNIS SMITH Stilt WalkersMother’s Pride ARTIST: GERALD BALCIAR Knox Galleries Owned Enduring NavajoJennifer ARTIST: BOBBI CARLYLE ARTIST: MARTHA PETTIGREW Knox Galleries Owned ARTIST: RUSSEL JACQUES Lasso Eat More Beef | Library District Owned ARTIST: SANDY SCOTT ●Initial Retail Price: $36,000 ●Private Donations: $14,700 ●Art Council In Kind: $6,300 ●Paid by Town of Avon: $0 ●Appraised Value as of 5/11/2004: $36,000 ●Appraised Value as of 8/07/2007: N/A The Classics | Library District Owned ARTIST: GEORGE LUNDEEN ●Initial Retail Price: $36,000 ●Private Donations: $14,700 ●Art Council In Kind: $6,300 ●Paid by Town of Avon: $0 ●Appraised Value as of 5/11/2004: $36,000 ●Appraised Value as of 8/07/2007: N/A Sidewalk Society Collection | Town Owned ARTIST: GLENNA GOODACRE ●Initial Retail Price: $275,000 ●Purchase as a Collection ●Private Donations: $0 ●Art Council In Kind: $137,500 ●Paid by Town of Avon: $137,500 ●Appraised Value as of 5/11/2004: $450,000 ●Appraised Value as of 8/07/2007: $550,000 Sidewalk Society Collection | Town Owned Ollie CEO Dance Day Sidewalk Society Collection | Town Owned FamilyContractor Worker & Architect On the Edge | Town Owned ARTIST: GEORGE LUNDEEN ●Initial Retail Price: $120,000 ●Private Donations: $120,000 ●Art Council In Kind: $0 ●Paid by Town of Avon: $0 ●Appraised Value as of 5/11/2004: $120,000 ●Appraised Value as of 8/07/2007: $175,000 Pledge of Allegiance | Town Owned ARTIST: GLENNA GOODACRE ●Initial Retail Price: $195,000 ●Private Donations: $0 ●Art Council In Kind: $45,000 ●Paid by Town of Avon: $150,000 ●Appraised Value as of 5/11/2004: $495,000 ●Appraised Value as of 8/07/2007: $595,000 Checkmate | Town Owned ARTIST: HERB MIGNERY ●Initial Retail Price: $175,000 ●Private Donations: $2,000 ●Art Council In Kind: $25,000 ●Paid by Town of Avon: $150,000 ●Appraised Value as of 5/11/2004: $350,000 ●Appraised Value as of 8/07/2007: $450,000 Rite of Passage | Town Owned ARTIST: SANDY SCOTT ●Initial Retail Price: $475,000 ●Private Donations: $0 ●Art Council In Kind: $111,000 ●Paid by Town of Avon: $364,000 ●Appraised Value as of 5/11/2004: $575,000 ●Appraised Value as of 8/07/2007: $675,000 Judy Yoder | Town Owned ARTIST: GEORGE LUNDEEN ●Initial Retail Price: $6,600 ●Private Donations: $6,600 ●Art Council In Kind: $0 ●Paid by Town of Avon: $0 ●Appraised Value as of 5/11/2004: $12,000 ●Appraised Value as of 8/07/2007: $12,000 Cowboy Mayor | Town Owned ARTIST: HERB MIGNERY ●Initial Retail Price: $6,600 ●Private Donations: $6,600 ●Art Council In Kind: $0 ●Paid by Town of Avon: $0 ●Appraised Value as of 5/11/2004: $20,000 ●Appraised Value as of 8/07/2007: $20,000 Basket Dancers | Town Owned ARTIST: GLENNA GOODACRE ●Initial Retail Price: $95,000 ●Private Donations: $0 ●Art Council In Kind: $45,000 ●Paid by Town of Avon: $50,000 ●Appraised Value as of 5/11/2004: $350,000 ●Appraised Value as of 8/07/2007: $450,000 Thank You! 970-748-4083 clin@avon.org & mmorgan@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Charlotte Lin, Sustainability Coordinator, and Max Morgan, Planner 1+ RE: Benchmarking and Beneficial Electrification DATE: October 18, 2022 SUMMARY: This report is intended to provide an update on the Community Development Department’s 2022 goal to “Organize (an) inventory of existing structures, heating systems, and square footages” in Avon. The purpose of this inventory is to support initiatives, ideas, and policies related to improved energy efficiency in buildings in the Town, with specific attention to the potential for buildings to undergo Beneficial Electrification - the general process of replacing a building’s fossil fuel use (e.g., propane, heating oil, gasoline) with electricity. The State of Colorado is similarly exploring initiatives to improve energy efficiency within buildings. Notably, the State has new requirements for property owners to track energy-use, or “benchmark”, within buildings over 50,000 square feet. This report provides an overview of Colorado’s current state-level legislation on building benchmarking, an overview of benchmarking policy as adopted by other Colorado municipalities, and recommendations of how building benchmarking and beneficial electrification can be practiced in Avon. This report also examines the relationship between beneficial electrification and the State of Colorado’s new benchmarking requirements. The purpose of this work session is for Council to provide feedback on the next steps to support improved energy efficiency of buildings in Avon. BACKGROUND: In March 2022, the Community Development Department Staff and Town leadership identified a goal to “Organize (an) inventory of existing structures, heating systems, and square footages.” The inventory is intended to serve as a resource for Staff and Council to determine next steps that support improved energy efficiency within buildings in Town. In May 2022, the Eagle County Assessor’s Office provided Staff with a complete inventory of buildings in the Town in a csv file organized by parcel. The spreadsheet provides details for individual buildings and structures that relate to beneficial electrification. Staff explored the dataset to identify key features, patterns and trends related to building characteristics in Town. The findings, analysis, and recommended next steps are included in the ANALYSIS section of this report. Details of an individual building or structure, like the size, age, and condition of the structure, as well as the type of heating system and heat fuel used in the building, generally correlate to its energy efficiency and subsequent benchmarking score. Benchmarking refers to measuring and tracking a building’s energy consumption and it is now a requirement for property owners of commercial, multi-family, and public buildings 50,000 square feet or more in the State of Colorado (See ATTACHMENT A – House Bill 21-1286, “Energy Performance for Buildings”). Benchmarking reporting is done through the ENERGY STAR Portfolio Manager, a free energy management tool used to track and assess energy and water consumption, and results are submitted to the Colorado Energy Office (“CEO”). There is also a paid option for an energy management tool called Touchstone IQ, which is used on the municipal level such as the City of Fort Collins. The first 970-748-4083 clin@avon.org Page 2 of 11 benchmarking reporting deadline for building owners is December 1, 2022, for calendar year 2021 energy use data. The CEO has not provided specifics related to the outcomes of benchmarking assessments, and it remains unclear what recommendations and requirements an individual building will receive in the event that it reports an unsatisfactory benchmarking score. Given the uncertainty of the State’s intentions for poorly- performing buildings over 50,000 square feet, it remains difficult for local jurisdictions to make recommendations and programs that support their beneficial electrification out of concern for a misalignment of those recommendations with what the State may recommend, or even subsidize, in the future. Regardless of the specific outcomes of the assessments conducted by the State, benchmarking reporting will likely catalyze recommendations from the State for beneficial electrification of individual buildings and structures. Local jurisdictions can capitalize on the momentum for beneficial electrification, and look to support buildings that fall outside the purview of the state in improving energy efficiency. Eagle County’s Climate Action Plan (“CAP”) includes recommendations for beneficial electrification and benchmarking in its Priority Actions: • Beneficial Electrification for 5% of existing residential and commercial buildings each year. • For new and remodeled residential and commercial buildings, adopt 'above building code' standards and incentives, and implement net-zero or all-electric construction requirements by 2030. Work toward consistency across jurisdictional boundaries in Eagle County. • Implement a benchmarking ordinance in Eagle County for all commercial buildings 10,000 square feet or larger. The CAP identifies Building Electrification or Beneficial Electrification, the general process of replacing a building’s fossil fuel use with electricity in a way that reduces overall emissions and energy costs, as a strategy to address climate change and rising global temperatures. The process is also expressed as “Fuel Switching.” The CAP states regional, annual goals related to Beneficial Electrification that include: • Ten (10) commercial buildings electrified • 1,641 residential homes electrified A fully electrified building would likely include the following features: • Electric-powered heat pump water heater • Electric-powered heat pump HVAC system • Energy efficient lighting (e.g., LED lights) • Electric-powered ceiling fans • Induction kitchen stovetops • ENERGY STAR-certified appliances (e.g., refrigerators, clothes washers, etc.) • Solar panels & solar power storage units • Electric Vehicle (“EV”) charging system and battery storage 970-748-4083 clin@avon.org Page 3 of 11 NOTE: Building energy experts generally recommend that buildings receive a building envelope assessment and that any air leaks are reconciled prior to the beneficial electrification process. The process for beneficial electrification is likely to present substantial upfront costs related to structural assessments, equipment and labor costs. Given the associated financial and logistical challenges, strategies and policies that push for beneficial electrification should identify opportunity areas for engagement with property owners including: • The installation of EV charging equipment • The replacement / installation of an HVAC system • The purchase or refinancing of a structure • The replacement of existing equipment and appliances These occasions could be the focus of policy or programs in which to embed beneficial electrification education and support. An awareness of costs, rebates and fee waivers, and the general permitting and construction process are essential for building owners to voluntary participate in electrification of their structures. Benchmarking programs enable building owners to identify areas of their buildings that use more energy and water, evaluate cost-effective savings opportunities, and prioritize investments in efficiency upgrades. For many properties that undergo benchmarking, beneficial electrification is the recommended next step for building efficiency improvements. The “Energy Performances for Buildings” law also establishes building performance standards (“BPS”) with which buildings will have to comply. The BPS is supposed to meet a sector-wide greenhouse gas (“GHG”) reduction target of 7% by 2026 and 20% by 2030 from a 2021 baseline. In order to achieve this, a BPS Task Force is also established by the CEO. The BPS Task Force has not formalized a process for addressing underperforming, inefficient structures with low Energy Star scores however, the task force is currently strategizing on how best to: (1) solicit feedback from a broad range of industries and building owners, (2) examine building types of unique energy needs including aviation facilities, nursing homes, and hospitals, and (3) calculate GHG reductions. The calculation must not include savings from statewide decarbonization of electricity or natural gas utility grids, but may include savings from utilities' or local governments' energy efficiency programs. Ultimately, the BPS will provide recommendations for what to do with the benchmarking data, and may consider making additional recommendations related to: • Workforce availability and development related to building energy performance. • Financial and nonfinancial costs and benefits of upgraded building energy performance. • Availability of programs, technical assistance, and incentives to support building owners, utilities, and local governments. • Opportunities to improve commercial building energy use in Colorado; and • How regulations and agency support could help ensure building owners avoid fines through compliance with performance standards. 970-748-4083 clin@avon.org Page 4 of 11 The success of benchmarking relies on both the utility companies to provide the data on time and for the owners to report. CEO formed a Utility Data Accelerator Coalition in order to educate and prepare utilities to meet future data disclosure requirements, and to provide building owners with access to whole-building data. Qualifying utility companies are required to: • Establish an aggregation threshold that is four or fewer utility customer accounts. • Publish its aggregation threshold on its public website. • Upon request of an owner of a covered building, begin providing energy-use data to the owner. • Make energy-use data easily available and accessible through web portal or online request forms. • Provide the data to owners within ninety days for benchmarking requests in 2022, and thirty days for requests in 2023 or later. • Deliver the data in the spreadsheet template specified by the benchmarking tool. • Provide the data on an annual basis until the owner revokes the request. • Provide data for the building regardless of whether the owner is named on the utility account or not. For covered buildings that do not meet the qualifying utility's aggregation threshold, they should grant utility customer consent to access or share energy-use data. Data required for all kinds of properties include: • Property Name • Property Address • Total Gross Floor Area of Property • Irrigated Area • Year Built/Planned for Construction Completion • Occupancy • Number of Buildings • 12 consecutive months of energy data There are additional data requirements depending on different types of properties. The Data Collection Worksheet function on the Energy Star Portfolio Manager lists seventy-five types of properties and allows owners to look up required data. Colorado cities that already have ordinances to implement building benchmarking include Denver, Boulder, Fort Collins and Aspen (ATTACHMENT B). The ordinances indicate that all municipalities plan to benchmark buildings starting from 50,000 square feet down to 5,000 square feet over approximately three years. In Eagle County, the goal is to benchmark all buildings 10,000 square feet or larger. The Climate Action Collaborative is actively researching benchmarking with the purpose of developing a County-wide ordinance to achieve the CAP goals mentioned in the Summary of this report. An inventory of all buildings above 10,000 square feet in Eagle County, including property types and heating fuel source, has been compiled as a step towards creating a county-wide benchmarking ordinance. There are currently sixty-nine (69) buildings total in Eagle County over 50,000 square feet and ten (10) of them are in the Avon area. 970-748-4083 clin@avon.org Page 5 of 11 Benchmarking in Avon Avon has previously conducted benchmarking activities for municipal buildings. We have recently collected our energy bills from AMGas, Holy Cross and Xcel from 2021, 2020 and 2019. Schneider Electric used these data to conduct an assessment for us to determine potential areas of energy reduction. We have also used the software B3 Benchmarking from 2017 to 2021 for the Avon Regional Transit Facility, Police Station, Rec Center and Fleet Building. However, we no longer use it due to the fact that we were not able to generate good energy reports, usage maps, or useful improvement recommendations from this effort. Staff also felt that the effort was redundant because all the data is available on our utility websites. Regardless, Avon will continue benchmarking all municipal buildings as well as other infrastructure that uses electricity like streetlights. In terms of developing a local Benchmarking Ordinance in Avon, Staff has been researching the best approaches, administrative requirements, costs and funding, and the intended use of benchmarking data, which will become clear as the BPS develops. Staff has also determined that the BPS is not yet mature enough and therefore we cannot adequately articulate exactly what we intend to do with the data in an ordinance. Therefore, Avon will continue to observe and monitor the State program, especially in its first year of implementation. Christine Brinker, Senior Buildings Policy Manager from Southwest Energy Efficiency Project (SWEEP) shared some best practices for developing local benchmarking ordinances. Most successful benchmarking ordinances follow this chronology: • First year: 5k+ sq ft. county and city owned buildings, and large commercial buildings • Second year: adding small to medium commercial buildings, and potentially large multifamily buildings • Third year: adding small multifamily buildings Christine suggests that while benchmarking is building owners’ responsibility, municipalities should offer a lot of resources, support, and handholding, especially in year one. Staff also plans to learn more from Boulder, Denver, Fort Collins and Aspen’s benchmarking programs, including details like challenges, adjustments, stakeholder engagement process, data usage, and administration. Overall, in order to achieve the CAP goals, it would be in our best interest to pass a consistent ordinance throughout the county. ANALYSIS: A wave of requirements and remediation efforts for energy-inefficient buildings is likely approaching. Beneficial electrification projects to improve efficiency vary as do the properties where projects can occur; a comprehensive inventory of buildings in Avon prepares the Town to design and execute a plan to support a variety of property types and related beneficial electrification projects. The inventory provided by the Eagle County Assessor’s Office supports Staff’s understanding of what buildings are included in the State’s benchmarking requirements, and which remain unaffected. The inventory reports records for 3,876 unique structures. Each record includes a Building Type, Heating Fuel, Building Use Type, Year of Construction, and the size of the building, in addition to details related to the construction materials, the presence of a basement, and a count of bedrooms and bathrooms. Each structure reports three categories of building sizes: Heated Area, Effective Area, and Actual Area. Because this inventory and analysis relates to improved efficiency in heating systems, Heated Area (the 970-748-4083 clin@avon.org Page 6 of 11 footprint of the building tied to the heating system, which typically does NOT include garages, decks, and porches, etc.) is the most valuable size calculation. Any reference to building “size” is derived from the Heated Area calculation. NOTE: In some instances, multiple buildings comprise what a person would conceptualize as a singular entity (e.g., Piedmont Apartments), and several land parcels contain multiple buildings. Additionally, many large buildings with individual dwelling units are not represented by an aggregate Heated Area because the Assessor’s Office views them as multiple parcels. Building Type Each record includes identification of the building’s Building Use, as either RESIDENTIAL or COMMERCIAL. While some buildings do not actually function as space designed for commercial enterprises, such as warehouses, hospitals, etc., any building that does not function as a residential structure holds the designation of COMMERCIAL. Of the 3,876 buildings in the inventory, 3,481 total buildings, or roughly 90%, report a Residential Building Use. Interestingly, while buildings with the alternative COMMERCIAL designation represent 10% of buildings in the inventory, the average Heated Area for COMMERCIAL buildings is much greater than the average Heated Area for RESIDENTIAL buildings (See Table A – Buildings by Types). Heating Fuel The Heating Fuel type of a building is the most relevant factor related to its potential for improved energy efficiency. Any building that uses gas for its heating fuel is a potential target for beneficial electrification, while buildings that use electricity or solar power are less likely to require improvements to the heating system as a means to reduce greenhouse gas emissions. Of the Town’s 3,876 buildings, 60% are heated by gas (See Table B – Buildings by Heat Fuel). Use Type Building Count % of Total Heated Area (sq ft)% of Total Heated Area Average Heated Area (sq ft) Commercial 395 10%1558972 21%3,946 Residential 3481 90%5820079 79%1,672 Total 3876 100%7379051 100% Table A- Buildings by Type Use Type Building Count % of Total Heated Area (sq ft)% of Total Heated Area Average Heated Area (sq ft) Electric 1513 39%1679404 23%1110.00 Gas 2341 60%5562173 75%2376.00 Other 22 1%137473 2%6248.00 Total 3876 100%7379050 100% Table B - Buildings by Heat Fuel 970-748-4083 clin@avon.org Page 7 of 11 Of the 2,341 buildings that use gas for heat fuel, 87% have a Residential Building Type designation. The trend for commercial buildings to have a larger Heated Area footprint remains true, and commercial buildings represent 22% of the total Heated Area for all buildings (See Table C – Gas-Heated Buildings by Type) Gas-Heated Buildings Gas-heated commercial buildings represent valuable opportunities for beneficial electrification given their Heated Area average is significantly greater than the average Heated Area for residential spaces. Through Building Use Types, the Town can identify the categories and functions of gas-heated commercial buildings (See Table D – Gas-Heated Commercial Buildings by Building Use Type). The majority of gas-heated commercial buildings and structures are Commercial Condos, and this category represents the largest percentage of Heated Area for gas-heated commercial buildings. Notably, warehouse and storage facilities, while only totaling 19 buildings, represent the second-largest percentage of Heated Area for gas-heated commercial buildings. The building with the largest Heated Area in the entire 3,876 building inventory, the Wal-Mart store at 171 Yoder Ave, is categorized as a Warehouse/Storage structure despite providing retail and merchandising. Gas-heated residential buildings represent less distribution across multiple categories (See Table E - Residential Gas-Heated Buildings by Use Type). Use Type Count % of Total Heated Area (sq ft)% of Total Heated Area Commercial 315 13%1220243 22% Residential 2026 87%4341930 78% Total 2341 100%5562173 100% Table C - Gas-Heated Buildings by Type Use Type Count % of Total Heated Area (sq ft)% of Total Heated Area Commercial Condo 237 75%453711 37% Lodging 2 1%72613 6% Merchandise/Retail 31 10%130349 11% Multi-use/Special Purpo 8 3%74740 6% Office 3 1%37709 3% Parking 14 4%3224 0% Supermarket 1 0%55313 5% Warehouse/Storage 19 6%392584 32% Total 315 100%1220243 100% Table D - Commercial Gas-Heated Buildings by Use Type 970-748-4083 clin@avon.org Page 8 of 11 Age of Structures The age of a building or structure can provide some indication of its energy efficiency. Older buildings tend to be less energy efficient than newer buildings given that an older building’s envelope is more likely to have developed air leaks, and may also contain appliances and features that are outdated and less energy- efficient. Windows, ducts, HVAC systems, and general construction become more prone to air leakage over time, which in turn causes heating and cooling systems to use more energy to achieve optimal temperatures and conditions than if the building’s envelope were sealed more tightly. The construction of buildings and structures in Avon appears to have peaked in the 1990s and slowed dramatically in recent years (See Tables F, G, & H). Table F – Gas-Heated Buildings by Decade Constructed Decade Constructed Count % of Total Count 70s 25 1.1% 80s 130 5.6% 90s 1125 48.1% 00s 866 37.0% 2010 or Later 195 8.3% Total 2341 100.0% Use Type Count % of Total Heated Area (sq ft)% of Total Heated Area Condominium 1010 50%453711 59% Duplex/Triplex 298 15%72613 9% Mobile Home 161 8%130349 17% Multi-family 8 0%74740 10% SFR 304 15%37709 5% Townhouse 245 12%3224 0% Total 2026 100%772346 100% Table E - Residential Gas-Heated Buildings by Use Type Decade Constructed Count % of Total Heated Area (sq ft)% of Total Heated Area 70s 23 1.1%28487 1% 80s 53 2.6%103289 2% 90s 954 47.1%1992417 46% 00s 801 39.5%1366332 31% 2010 or Later 195 9.6%851404 20% Total 2026 100.0%4341929 100% Table G - Gas Heated Residential Buildings by Decade Constructed 970-748-4083 clin@avon.org Page 9 of 11 Table H – Gas Heated Commercial Buildings by Decade Constructed Decade Constructed Count % of Total Count Heated Area (sq ft) % of Total Heated Area 70s 2 1% 21474 2% 80s 78 25% 375257 31% 90s 171 54% 347224 28% 00s 64 20% 476289 39% 2010 or Later 0 0% 0 0% Total 315 100% 1220244 100% FINDINGS: An analysis of the findings reveals several key take-aways including: Gas vs. Electric: • There are more gas-heated structures present in Town when compared with electric-heated structures Residential vs. Commercial: • There are more gas-heated RESIDENTIAL structures than gas-heated COMMERCIAL structures in Town Heated Area: • Gas-heated COMMERCIAL structures typically have a greater average heated area than gas- heated RESIDENTIAL buildings Commercial Buildings Use Type: • Commercial Condominiums represent three-fourths of the total count but roughly only one-third of the percentage of Total Heated Area for of Gas-Heated COMMERCIAL structures • Warehouse/Storage structures represent 6% of the total count but roughly one-third of the percentage of Total Heated Area for of Gas-Heated COMMERCIAL structures Residential Buildings Use Type: • Single Family Residences (“SFRs”) represent only 15% of the Total Heated Area for RESIDENTIAL Gas-Heated Buildings count but the greatest percentage of the Total Heated Area for RESIDENTIAL Gas-Heated Buildings (35%) • The majority of RESIDENTIAL Gas-Heated Buildings are condominiums • Mobile Homes have the smallest average Heated Area when compared to all RESIDENTIAL Gas- Heated Building Use types. Age of Structure – RESIDENTIAL: • No buildings in the inventory pre-date the 1970s 970-748-4083 clin@avon.org Page 10 of 11 • 87% of RESIDENTIAL Gas-Heated Buildings were constructed in either the 1990s or 2000s • The rate of RESIDENTIAL Gas-Heated Building construction has reduced 82% since the 1990s Age of Structure – COMMERCIAL: • The majority of COMMERCIAL Gas-Heated Buildings were constructed in the 1990s • The average Heated Area of COMMERCIAL Gas Heated Buildings more than tripled in size from the 1990s to the 2000s. • No COMMERCIAL Gas-Heated Buildings have been constructed since 2010 Building Inventory – Benchmarking Nexus: • Ten (10) buildings in Avon exceed 50,000 square feet and are likely subject to the State’s benchmarking mandate (See Table I - Avon Buildings 50,000+ Sq Ft) o Piedmont Apartments is multiple buildings and may not represent the same large-scale construction that the other structures do Provided that only ten of the 3,876 buildings in Avon are likely subject to state-required benchmarking, the Town could develop policies and programs that enable additional structures to undergo beneficial electrification. NEXT STEPS: Almost every building and structure in the Town of Avon falls outside the purview of the State’s benchmarking requirements and it remains realistic that no building or structure will be required to undergo beneficial electrification in the near future. However, the Town can take steps to support beneficial electrification and capitalize on the general movement towards energy-efficient buildings. The range of beneficial electrification projects that can occur in a home or building is widespread. The Town can identify a single project-type, or building use type, to apply strategies for beneficial electrification (e.g., supporting the replacement of gas-powered heat pumps in multi-family residential structures through a subsidy and public engagement series). Pilot programs are well-represented in municipalities’ beneficial electrification plan. Or the Town could work towards a more comprehensive beneficial electrification plan. This could be a sub-plan of the CAP, and should include: 1. Goals and Focus Areas for Beneficial Electrification 2. Three phases of implementation for widespread Beneficial Electrification: Supporting Education & Awareness, Accessing Funding, and Developing Regulatory Policy 3. Case studies of beneficial electrification Common Name Address Heated Area (Sq Ft)Building Use Type Heating System Year Constructed Brookside 37723 HWY 6 61,672 Condominium (3x)GAS 1997 Sun & Ski Building 220 / 218 / 216 Chapel Pl 64,698 Merchandising ELECTRIC 1987 City Market 72 Beaver Creek Pl 67,135 Mixed Use GAS 1980 Comfort Inn 161 Beaver Creek Blvd 72,613 Lodging GAS 1986 Traer Creek Building 101 Fawcett Rd 77,787 Exempt GAS 2005 Buffalo Ridge Apts 1101 Swift Gulch 78,126 Multi-Family Residential GAS 2002 Home Depot 295 Yoder Ave 117,100 Warehouse/Storage GAS 2002 Wyndham 75 Benchmark Rd 124,267 Mixed Use GAS 2013 Walmart 171 Yoder Ave 188,516 Warehouse/Storage GAS 2002 Piedmont Apartment 5471 Beaver Creek Blvd 228,595 Multi-Family Residential GAS 2019 Table I - Avon Buildings 50,000+ Sq Ft 970-748-4083 clin@avon.org Page 11 of 11 4. Strategies and education that help achieve equitable beneficial electrification 5. Cost and technical analysis of Beneficial Electrification, including an economic impact assessment 6. A strategy for beneficial electrification of existing buildings In the event that the Town or Climate Action Collaborative (“CAC”) allocates efforts to the development of a beneficial electrification plan, the following principles and strategies should be considered: • Focus efforts for Beneficial Electrification policies on existing buildings • Identify or develop a reliable resource to inform the public on existing rebates and subsidies for Beneficial Electrification • Engage with property owners, specifically those that own older, gas-heated properties • Engage with property-owners who have already taken steps towards Beneficial Electrification • Continue to scrub and refine the building inventory o Organize each Building Use Type category by Property Owner and / or Address • Explore the relationship between Beneficial Electrification advocates, contractors and developers • Explore the relationship between Beneficial Electrification and Opportunity Areas, specifically the purchase or refinancing of a building or structure • Enhance programs that provide building envelope assessments • Develop marketing material for Beneficial Electrification that is diverse in its target audience and messaging • Consider regulatory policy that bans gas-fueled appliances and features • Prioritize marginalized communities for Beneficial Electrification • Develop roadmaps for Beneficial Electrification specific to Building Use Type and ownership-type RECOMMENDATIONS: I recommend that Town Council directs Staff to continue efforts to develop a program to promote building electrification and energy reduction. I recommend that, in 2022 and 2023, Avon continues to monitor the implementation of HB 21-1286 at the State level and in other municipalities. Staff will provide updates regarding the State’s first round of benchmarking for buildings over 50,000 square feet when the data becomes available in 2023. OPTIONS: 1. No Actions 2. Direct Staff to initiate the development of a county-wide Beneficial Electrification Plan 3. Direct Staff to continue learning about building energy benchmarking and provide updates. Thank you, Charlotte & Max ATTACHMENTS: Attachment A: House Bill 21-1286 Attachment B: Colorado Benchmarking Ordinances Analysis (Cetn cLt,)) HOUSE BILL 21-1286 BY REPRESENTATIVE(S) Kipp and Valdez A., Bernett, Amabile, Benavidez, Bird, Boesenecker, Cutter, Duran, Froelich, Gonzales-Gutierrez, Gray, Hooton, Jackson, Jodeh, Lontine, McCormick, Michaelson Jenet, Mullica, Ricks, Sirota, Woodrow, Exum, Kennedy, Titone; also SENATOR(S) Priola and Pettersen, Buckner, Danielson, Fenberg, Jaquez Lewis, Lee, Story, Winter. CONCERNING MEASURES TO IMPROVE ENERGY EFFICIENCY, AND, IN CONNECTION THEREWITH, REQUIRING OWNERS OF LARGE BUILDINGS TO COLLECT AND REPORT ON ENERGY-USE BENCHMARKING DATA AND COMPLY WITH RULES REGARDING PERFORMANCE STANDARDS RELATED TO ENERGY AND GREENHOUSE GAS EMISSIONS AND MODIFYING STATUTORY REQUIREMENTS REGARDING ENERGY PERFORMANCE CONTRACTS. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 25-7-142 as follows: 25-7-142. Energy benchmarking - data collection and access - utility requirements - task force - rules - reports - definitions - Capital letters or bold & italic numbers indicate new material added to existing law; dashes through words or numbers indicate deletions from existing law and such material is not part of the act. ATTACHMENT A legislative declaration - repeal. (1) Legislative declaration. THE GENERAL ASSEMBLY FINDS, DETERMINES, AND DECLARES THAT THE REGULATION OF BUILDING PERFORMANCE IS A MATTER OF STATEWIDE CONCERN BECAUSE: (a) As OF 2020, BUILDINGS REPRESENTED A SIGNIFICANT SOURCE OF GREENHOUSE GAS POLLUTION IN THE STATE OF COLORADO; (b) ENERGY CONSUMPTION AND GREENHOUSE GAS EMISSIONS ASSOCIATED WITH A BUILDING PRODUCE IMPACTS FAR BEYOND ITS WALLS AND THE BOUNDARIES OF THE LOCAL GOVERNMENT WITHIN WHICH THE BUILDING IS LOCATED, INCLUDING COSTS TO UTILITY RATEPAYERS FOR INCREASED ENERGY PRODUCTION, COMMUNITY HEALTH COSTS ASSOCIATED WITH AIR POLLUTION, AND BROADER SOCIETAL COSTS OF ANTHROPOGENIC CLIMATE CHANGE; (c) MANY BUILDING OWNERS HAVE MADE PROACTIVE EFFORTS TO REDUCE THE ENERGY USE AND GREENHOUSE GAS EMISSIONS OF THEIR BUILDINGS, YET MORE REMAINS TO BE DONE TO HELP THE STATE MEET ITS GREENHOUSE GAS REDUCTION GOALS; (d) BUILDING TENANTS THAT PAY ENERGY BILLS OFTEN LACK THE ABILITY TO IMPLEMENT BUILDING UPGRADES THAT COULD IMPROVE PERFORMANCE, REDUCE EMISSIONS, AND REDUCE THOSE COSTS; (e) THE COMMISSION HAS BOTH THE STATUTORY AUTHORITY AND OBLIGATION TO REQUIRE A REDUCTION OF GREENHOUSE GAS EMISSIONS IN THE STATE IN EVERY SECTOR INCLUDING BUILDINGS; (f) (I) BENCHMARKING AND BUILDING PERFORMANCE STANDARDS WILL SUPPORT JOB GROWTH IN COLORADO. ACCORDING TO THE UNITED STATES CLIMATE ALLIANCE, BEFORE JANUARY 1, 2020, THE FASTEST GROWING CLEAN ENERGY INDUSTRIES IN COLORADO INCLUDED: (A) TRADITIONAL HEATING, VENTILATION, AND AIR CONDITIONING, TOTALING TEN THOUSAND FOUR HUNDRED THIRTY-EIGHT JOBS; AND (B) ENERGY STAR AND EFFICIENT LIGHTING, TOTALING ELEVEN THOUSAND ONE HUNDRED FIFTY-SIX JOBS. PAGE 2-HOUSE BILL 21-1286 ATTACHMENT A (II) ADDITIONALLY, ANALYSIS CONDUCTED BY ADVANCED ENERGY ECONOMY IDENTIFIED MORE THAN SIXTY THOUSAND ADVANCED ENERGY JOBS IN COLORADO, WITH MORE THAN FIFTY PERCENT OF THOSE JOBS IN ENERGY EFFICIENCY. (g) THE STATE OF COLORADO PROVIDES MANY LOW- AND NO-COST OPTIONS FOR COLORADO PROPERTY OWNERS TO FINANCE BUILDING PERFORMANCE IMPROVEMENTS, INCLUDING: (I) PROPERTY-ASSESSED CLEAN ENERGY FINANCING THAT THE COLORADO NEW ENERGY IMPROVEMENT DISTRICT CREATED IN SECTION 32-20-104 PROVIDES, WHEREBY QUALIFYING ENERGY EFFICIENCY AND RENEWABLE ENERGY IMPROVEMENTS ARE PAID BACK VIA AN ASSESSMENT ON ANNUAL PROPERTY TAXES; AND (II) PERFORMANCE CONTRACTING, WHEREBY IMPROVEMENTS ARE PAID FOR BY CONTRACTUALLY GUARANTEED SAVINGS FROM EFFICIENCY UPGRADES; (h) MANY PUBLIC UTILITIES IN THE STATE ALSO PROVIDE TECHNICAL ASSISTANCE AND FINANCIAL INCENTIVES TO HELP PROPERTY OWNERS IMPLEMENT BUILDING PERFORMANCE IMPROVEMENTS; AND (i) IT IS IN THE INTEREST OF THE STATE TO: (I) ESTABLISH A PROGRAM TO HELP COLORADO CITIZENS UNDERSTAND AND TRACK ENERGY USE AND GREENHOUSE GAS EMISSIONS FROM LARGE BUILDINGS; AND (II) DEVELOP PERFORMANCE STANDARDS NECESSARY TO MEET STATE GREENHOUSE-GAS-EMISSION -REDUCTION GOALS. (2) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES: (a) "AGGREGATED DATA" MEANS ELECTRIC OR GAS METER DATA FROM WHICH ANY UNIQUE IDENTIFIER OR OTHER PERSONAL INFORMATION HAS BEEN REMOVED AND THAT A QUALIFYING UTILITY COLLECTS AND AGGREGATES IN AT LEAST MONTHLY INTERVALS FOR AN ENTIRE COVERED BUILDING. PAGE 3-HOUSE BILL 21-1286 ATTACHMENT A (b) "AGGREGATION THRESHOLD" MEANS, FOR EACH QUALIFYING UTILITY, THE MINIMUM NUMBER OF CUSTOMER ACCOUNTS ASSOCIATED WITH A COVERED BUILDING FOR WHICH THE QUALIFYING UTILITY MAY PROVIDE THE OWNER OF THE COVERED BUILDING WITH AGGREGATED DATA UPON REQUEST WITHOUT REQUIRING EACH CUSTOMER'S CONSENT TO HAVE THE CUSTOMER'S ENERGY -USE DATA ACCESSED OR SHARED. (c) "BENCHMARK" MEANS TO INPUT BENCHMARKING DATA INTO A BENCHMARKING TOOL TO MEASURE AND ASSESS THE ENERGY PERFORMANCE AND GREENHOUSE GAS POLLUTION FOR A COVERED BUILDING FOR THE REPORTING YEAR. (d) EXCEPT AS THE COMMISSION MAY MODIFY BY RULE PURSUANT TO SUBSECTION (7) OF THIS SECTION, "BENCHMARKING DATA" MEANS THE INFORMATION RELATED TO A COVERED BUILDING THAT IS INPUT INTO OR CALCULATED BY A BENCHMARKING TOOL AND INCLUDES, AT A MINIMUM: (I) A PHYSICAL DESCRIPTION OF THE COVERED BUILDING AND DESCRIPTIONS OF ITS OPERATIONAL CHARACTERISTICS, INCLUDING: (A) THE NAME OF THE COVERED BUILDING, IF ANY; (B) THE ADDRESS OF THE COVERED BUILDING; (C) THE PRIMARY USES OF THE COVERED BUILDING; (D) THE COVERED BUILDING'S GROSS FLOOR AREA; AND (E) THE YEARS IN WHICH THE COVERED BUILDING HAS BEEN CERTIFIED BY ENERGY STAR AND THE MOST RECENT DATE OF CERTIFICATION, IF APPLICABLE; AND (II) DATA GENERATED BY THE BENCHMARKING TOOL, INCLUDING: (A) THE ENERGY STAR SCORE, IF AVAILABLE; (B) MONTHLY ENERGY USE BY FUEL TYPE; (C) SITE AND SOURCE ENERGY -USE INTENSITY; PAGE 4-HOUSE BILL 21-1286 ATTACHMENT A (D) WEATHER-NORMALIZED SITE AND SOURCE ENERGY-USE INTENSITY; (E) CONFIRMATION THAT DATA QUALITY HAS BEEN CHECKED; (F) ANNUAL MAXIMUM ELECTRICITY DEMAND, IN KILOWATTS; (G) IF AVAILABLE FOR REPORTING THROUGH THE BENCHMARKING TOOL, MONTHLY PEAK ELECTRICITY DEMAND; AND (H) GREENHOUSE GAS EMISSIONS, INCLUDING TOTAL, INDIRECT, AND DIRECT EMISSIONS. (e) EXCEPT AS THE COMMISSION MAY MODIFY BY RULE PURSUANT TO SUBSECTION (7) OF THIS SECTION, "BENCHMARKING TOOL" MEANS THE ENERGY STAR PORTFOLIO MANAGER® OR A SUCCESSOR ONLINE RESOURCE USED TO TRACK AND ASSESS THE PERFORMANCE OF CERTAIN PROPERTIES RELATIVE TO SIMILAR PROPERTIES. (f) "BIOMEDICAL RESEARCH LABORATORY" MEANS A SCIENTIFIC LABORATORY USED TO CONDUCT RESEARCH RELATING TO BOTH BIOLOGY AND MEDICINE. (g) (I) "CAMPUS" MEANS A COLLECTION OF TWO OR MORE BUILDINGS THAT ARE OWNED AND OPERATED BY THE SAME PERSON AND THAT HAVE A SHARED PURPOSE AND FUNCTION AS A SINGLE PROPERTY. (II) "CAMPUS" INCLUDES TWO OR MORE OF THE BUILDINGS THAT COMPRISE THE CAPITOL COMPLEX. (h) "COLORADO ENERGY OFFICE" OR "OFFICE" MEANS THE COLORADO ENERGY OFFICE CREATED IN SECTION 24-38.5-101. (I) "CORRECTIONAL FACILITY" MEANS: (I) A CORRECTIONAL FACILITY, AS DEFINED IN SECTION 17-1-102 (1.7); (II) A PRIVATE CONTRACT PRISON, AS DEFINED IN SECTION 17-1-102 (7.3); PAGE 5-HOUSE BILL 21-1286 ATTACHMENT A (III) A LOCAL JAIL, AS DEFINED IN SECTION 17-1-102 (7); (IV) A MUNICIPAL JAIL, AS AUTHORIZED IN SECTION 31-15-401 (1)(j); AND (V) A JUVENILE DETENTION FACILITY GOVERNED BY PART 4 OF ARTICLE 2 OF TITLE 19. (j) (I) EXCEPT AS THE COMMISSION MAY MODIFY BY RULE PURSUANT TO SUBSECTION (7) OF THIS SECTION, "COVERED BUILDING" MEANS A BUILDING COMPRISING A GROSS FLOOR AREA OF FIFTY THOUSAND SQUARE FEET OR MORE THAT IS OCCUPIED BY A SINGLE OCCUPANT OR GROUP OF TENANTS. (II) "COVERED BUILDING" DOES NOT INCLUDE: (A) A STORAGE FACILITY, STAND-ALONE PARKING GARAGE, OR AIRPLANE HANGAR THAT LACKS HEATING AND COOLING; (B) A BUILDING IN WHICH MORE THAN HALF OF THE GROSS FLOOR AREA IS USED FOR MANUFACTURING, INDUSTRIAL, OR AGRICULTURAL PURPOSES; OR (C) A SINGLE-FAMILY HOME, DUPLEX, OR TRIPLEX. (k) "ENERGY STAR" MEANS THE FEDERAL PROGRAM AUTHORIZED BY 42 U. S .0 . SEC. 6294a, AS AMENDED, TO HELP CUSTOMERS, BUSINESSES, AND INDUSTRY SAVE MONEY AND PROTECT THE ENVIRONMENT THROUGH THE ADOPTION OF ENERGY-EFFICIENT PRODUCTS AND PRACTICES. (1) "ENERGY STAR SCORE" MEANS THE ONE-TO-ONE-HUNDRED NUMERIC RATING GENERATED BY THE ENERGY STAR PORTFOLIO MANAGER® AS A MEASUREMENT OF A BUILDING'S ENERGY EFFICIENCY. (m) "ENERGY -USE INTENSITY" MEANS A BUILDING'S ENERGY USE, EXPRESSED AS TOTAL SITE ENERGY USE PER SQUARE FOOT PER YEAR. (n) "FINANCIAL HARDSHIP" MEANS THAT A PROPERTY IS EXPERIENCING AT LEAST ONE OF THE FOLLOWING CONDITIONS: PAGE 6-HOUSE BILL 21-1286 ATTACHMENT A (I) THE PROPERTY HAS BEEN INCLUDED ON A CITY'S, COUNTY'S, OR CITY AND COUNTY'S ANNUAL TAX LIEN SALE LIST WITHIN THE PREVIOUS TWO YEARS; (II) THE PROPERTY IS AN ASSET SUBJECT TO A COURT-APPOINTED RECEIVER THAT CONTROLS THE ASSET DUE TO FINANCIAL STRESS; (III) THE PROPERTY IS OWNED BY A FINANCIAL INSTITUTION AS A RESULT OF A DEFAULT BY A BORROWER; (IV) THE PROPERTY HAS BEEN ACQUIRED BY A DEED IN LIEU OF FORECLOSURE; (V) THE PROPERTY IS THE SUBJECT OF A SENIOR MORTGAGE SUBJECT TO A NOTICE OF DEFAULT; OR (VI) DUE TO THE GOVERNOR DECLARING A DISASTER EMERGENCY PURSUANT TO SECTION 24-33.5-704 (4), THE PROPERTY, IN AT LEAST TWO OF THE PREVIOUS FIVE YEARS, GENERATED ANNUAL RENTAL INCOME OR REVENUE THAT TOTALS SIXTY PERCENT OR LESS OF THE FIVE-YEAR AVERAGE IMMEDIATELY PRECEDING THE DISASTER EMERGENCY DECLARATION. (o) "GREENHOUSE GAS" HAS THE MEANING SET FORTH IN SECTION 25-7-140 (6). (p) "GROSS FLOOR AREA" MEANS THE TOTAL BUILDING AREA, AS MEASURED FROM THE OUTSIDE SURFACE OF EACH EXTERIOR WALL OF THE BUILDING, INCLUDING ABOVE-GRADE AND BELOW-GRADE SPACE. (q) "LOCAL GOVERNMENT" MEANS A STATUTORY OR HOME RULE MUNICIPALITY, COUNTY, OR CITY AND COUNTY. (r) "OWNER" MEANS A PERSON POSSESSING TITLE TO A PROPERTY OR THE PERSON'S DESIGNATED AGENT. (s) "PERFORMANCE STANDARDS" MEANS STANDARDS THAT THE COMMISSION ESTABLISHES BY RULE PURSUANT TO SUBSECTION (8)(c) OF THIS SECTION WITH WHICH OWNERS OF COVERED BUILDINGS ARE REQUIRED TO COMPLY. PAGE 7-HOUSE BILL 21-1286 ATTACHMENT A (t) "PUBLIC BUILDING" MEANS A COVERED BUILDING OWNED BY: (I) THE STATE; (II) A LOCAL GOVERNMENT; (III) A DISTRICT OR SPECIAL DISTRICT REGULATED UNDER TITLE 32; (IV) A STATE INSTITUTION OF HIGHER EDUCATION; (V) A PRIVATE INSTITUTION OF HIGHER EDUCATION AS DEFINED IN SECTION 23-18-102 (9); (VI) A SCHOOL DISTRICT CREATED PURSUANT TO ARTICLE 30 OF TITLE 22; AND (VII) A CHARTER SCHOOL AUTHORIZED PURSUANT TO PART 1 OF ARTICLE 30.5 OF TITLE 22. (u) "QUALIFYING UTILITY" MEANS: (I) AN ELECTRIC OR GAS UTILITY WITH FIVE THOUSAND OR MORE ACTIVE COMMERCIAL AND INDUSTRIAL SERVICE CONNECTIONS, ACCOUNTS, OR CUSTOMERS IN THE STATE, INCLUDING: (A) AN INVESTOR-OWNED ELECTRIC OR GAS UTILITY; (B) A COOPERATIVE ELECTRIC ASSOCIATION; OR (C) A MUNICIPALLY OWNED ELECTRIC OR GAS UTILITY; OR (II) A NATURAL GAS SUPPLIER WITH FIVE OR MORE ACTIVE COMMERCIAL OR INDUSTRIAL CONNECTIONS, ACCOUNTS, OR CUSTOMERS IN THE STATE. (v) "STATE INSTITUTION OF HIGHER EDUCATION": (I) HAS THE MEANING SET FORTH IN SECTION 23-1-108 (7)(g)(II); (II) INCLUDES THE AURARIA HIGHER EDUCATION CENTER, GOVERNED PAGE 8-HOUSE BILL 21-1286 ATTACHMENT A PURSUANT TO ARTICLE 70 OF TITLE 23; AND (III) DOES NOT INCLUDE A BIOMEDICAL RESEARCH LABORATORY. (w) "TENANT" MEANS A PERSON THAT, PURSUANT TO A RENTAL OR LEASE AGREEMENT, OCCUPIES OR HOLDS POSSESSION OF A BUILDING OR PART OF A BUILDING OR PREMISES. (x) "UNIQUE IDENTIFIER" MEANS A CUSTOMER'S CONTACT INFORMATION DISPLAYED ON A UTILITY BILL SUCH AS THE CUSTOMER'S NAME, MAILING ADDRESS, TELEPHONE NUMBER, OR E-MAIL ADDRESS. (y) "UTILITY CUSTOMER" MEANS THE BUILDING OWNER OR TENANT LISTED ON THE UTILITY'S RECORDS AS THE CUSTOMER LIABLE FOR PAYMENT OF THE UTILITY SERVICE OR ADDITIONAL CHARGES ASSESSED ON THE UTILITY ACCOUNT. (3) Benchmarking requirements on owners. (a) ON OR BEFORE DECEMBER 1, 2022, AND ON OR BEFORE JUNE 1 OF EACH SUBSEQUENT YEAR, THE OWNER OF A COVERED BUILDING SHALL SUBMIT A REPORT OF THE BENCHMARKING DATA FOR THE PREVIOUS CALENDAR YEAR TO THE OFFICE. (b) BEFORE PROVIDING A BENCHMARKING REPORT PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION, AN OWNER SHALL RUN ANY AUTOMATED DATA CHECKING FUNCTION OF THE BENCHMARKING TOOL AND CORRECT ANY ERRORS DISCOVERED. (c) THE FOLLOWING OWNERS MAY COMPLY WITH THIS SUBSECTION (3) COLLECTIVELY AT THE CAMPUS-WIDE LEVEL: (I) THE OWNER OF MULTIPLE COVERED BUILDINGS THAT ARE PART OF A MASTER METERED GROUP OF BUILDINGS WITHOUT SUBMETERING; (II) THE OWNER OF A CORRECTIONAL FACILITY; AND (III) THE OWNER OF A PUBLIC BUILDING THAT IS A COVERED BUILDING. (4) Utility data requirements. (a) ON OR BEFORE JUNE 1, 2022, A QUALIFYING UTILITY SHALL: PAGE 9-HOUSE BILL 21-1286 ATTACHMENT A (I) ESTABLISH AN AGGREGATION THRESHOLD THAT IS FOUR OR FEWER UTILITY CUSTOMER ACCOUNTS; (II) PUBLISH ITS AGGREGATION THRESHOLD ON ITS PUBLIC WEBSITE; AND (III) UPON REQUEST OF AN OWNER OF A COVERED BUILDING, BEGIN PROVIDING ENERGY-USE DATA TO THE OWNER. (b) ENERGY-USE DATA THAT A QUALIFYING UTILITY PROVIDES AN OWNER PURSUANT TO THIS SUBSECTION (4) MUST BE: (I) AVAILABLE ON, OR ABLE TO BE REQUESTED THROUGH, AN EASILY NAVIGABLE WEB PORTAL OR ONLINE REQUEST FORM USING UP-TO-DATE STANDARDS FOR DIGITAL AUTHENTICATION, INCLUDING SINGLE ONE-TIME PASSWORDS OR MULTI -FACTOR AUTHENTICATION; (II) PROVIDED TO THE OWNER WITHIN: (A) NINETY DAYS AFTER RECEIVING THE OWNER'S VALID WRITTEN OR ELECTRONIC REQUEST IF THE REQUEST IS RECEIVED IN 2022; (B) THIRTY DAYS AFTER RECEIVING THE OWNER'S VALID WRITTEN OR ELECTRONIC REQUEST IF THE REQUEST IS RECEIVED IN 2023 OR LATER; (III) DIRECTLY UPLOADED TO THE OWNER'S BENCHMARKING TOOL ACCOUNT, DELIVERED IN THE SPREADSHEET TEMPLATE SPECIFIED BY THE BENCHMARKING TOOL, OR DELIVERED IN ANOTHER FORMAT APPROVED BY THE OFFICE; (IV) PROVIDED TO THE OWNER ON AT LEAST AN ANNUAL BASIS UNTIL THE OWNER REVOKES THE REQUEST FOR ENERGY-USE DATA OR SELLS THE COVERED BUILDING; (V) PROVIDED IN ACCORDANCE WITH THIS SUBSECTION (4), REGARDLESS OF WHETHER THE OWNER IS NAMED ON THE UTILITY ACCOUNT FOR THE COVERED BUILDING; AND (VI) IF THE QUALIFYING UTILITY IS AN INVESTOR-OWNED UTILITY, PROVIDED IN ACCORDANCE WITH THE PUBLIC UTILITIES COMMISSION'S RULES PAGE 10-HOUSE BILL 21-1286 ATTACHMENT A CONCERNING CUSTOMER DATA AND PERSONALLY IDENTIFYING INFORMATION. (c) FOR COVERED BUILDINGS THAT DO NOT MEET THE QUALIFYING UTILITY'S AGGREGATION THRESHOLD, AND THUS REQUIRE UTILITY CUSTOMER CONSENT TO ACCESS OR SHARE ENERGY-USE DATA, THE CONSENT: (I) MAY BE IN WRITTEN OR ELECTRONIC FORM; (II) MAY BE PROVIDED IN A LEASE AGREEMENT PROVISION; (III) IS VALID UNTIL THE UTILITY CUSTOMER REVOKES IT; AND (IV) IS NOT REQUIRED IF A UTILITY CUSTOMER VACATES THE COVERED BUILDING BEFORE EXPLICITLY DENYING THE OWNER CONSENT TO ACCESS AND SHARE THE UTILITY CUSTOMER'S ENERGY-USE DATA. (d) To MEET THE REQUIREMENTS OF THIS SUBSECTION (4), A QUALIFYING UTILITY THAT IS NOT AN INVESTOR-OWNED UTILITY MAY SEEK AND USE GRANT FUNDING FROM THE COLORADO CLEAN ENERGY FUND, A NONPROFIT CORPORATION, OR THE ENERGY FUND CREATED IN SECTION 24-38.5-102.4 (1)(a)(I). (5) Benchmarking waivers and extensions of time. (a) AN OWNER OF A COVERED BUILDING MAY SEEK A WAIVER FROM THE BENCHMARKING REQUIREMENTS SET FORTH IN SUBSECTION (3) OF THIS SECTION IF THE OWNER SUBMITS DOCUMENTATION TO, AND RECEIVES APPROVAL FROM, THE OFFICE, WHICH DOCUMENTATION ESTABLISHES THAT THE COVERED BUILDING HAS MET ONE OR MORE OF THE FOLLOWING CONDITIONS FOR THE CALENDAR YEAR TO BE BENCHMARKED: (I) THE COVERED BUILDING WAS UNOCCUPIED FOR AT LEAST THIRTY CONSECUTIVE DAYS OF THE YEAR; (II) A DEMOLITION PERMIT WAS ISSUED FOR THE ENTIRE COVERED BUILDING; (III) THE COVERED BUILDING MET ONE OR MORE OF THE CONDITIONS FOR FINANCIAL HARDSHIP; PAGE 11-HOUSE BILL 21-1286 ATTACHMENT A (IV) THE COVERED BUILDING DOES NOT MEET A QUALIFYING UTILITY'S AGGREGATION THRESHOLD, ONE OR MORE OF THE UTILITY CUSTOMERS REFUSED TO PROVIDE THE OWNER WITH PERMISSION TO ACCESS THE UTILITY CUSTOMER'S RELEVANT ENERGY-USE DATA, THE OWNER PROVIDES PROOF TO THE OFFICE THAT IT REQUESTED PERMISSION FROM THE UTILITY CUSTOMER OR UTILITY CUSTOMERS WITHHOLDING CONSENT AT LEAST THIRTY DAYS BEFORE THE BENCHMARKING REPORT WAS DUE, AND THE OWNER SUBMITS A PLAN TO INCLUDE AN ENERGY-USE DATA SHARING PERMISSION PROVISION IN THE NEXT LEASE RENEWAL; OR (V) THE COVERED BUILDING HAS FOUR OR MORE UTILITY CUSTOMERS, IS NOT LOCATED WITHIN A QUALIFYING UTILITY'S SERVICE TERRITORY, AND IS UNABLE TO GET AGGREGATED DATA FROM THE UTILITY THAT SERVES THE COVERED BUILDING. (b) AN OWNER OF A COVERED BUILDING MAY REQUEST A TIME EXTENSION FROM THE OFFICE TO SUBMIT A BENCHMARKING REPORT IF THE OWNER SUBMITS DOCUMENTATION TO THE OFFICE DEMONSTRATING THAT, DESPITE THE OWNER'S GOOD-FAITH EFFORT, THE OWNER WAS UNABLE TO COMPLETE THE BENCHMARKING REPORT IN A TIMELY MANNER BECAUSE OF THE FAILURE OR REFUSAL OF A QUALIFYING UTILITY OR A UTILITY CUSTOMER TO PROVIDE THE NECESSARY INFORMATION OR PERMISSION, AS APPLICABLE. (c) THE OFFICE SHALL NOTIFY THE DIVISION OF ALL APPROVED WAIVERS AND EXTENSIONS OF TIME, THE APPROVAL OF WHICH IS SOLELY WITHIN THE OFFICE'S DISCRETION. (d) PURSUANT TO SUBSECTION (7) OF THIS SECTION, THE COMMISSION MAY, BY RULE, MODIFY THE REQUIREMENTS FOR OBTAINING A WAIVER OR EXTENSION OF TIME PURSUANT TO THIS SUBSECTION (5). (6) Requirements upon sale or lease of a covered building. (a) AT THE TIME OF LISTING A COVERED BUILDING OR A PORTION OF A COVERED BUILDING FOR SALE OR LEASE, THE OWNER OF THE COVERED BUILDING SHALL FURNISH AN ELECTRONIC COPY OF REPORTED BENCHMARKING DATA FROM THE PREVIOUS CALENDAR YEAR OR FROM THE MOST RECENT TWELVE-MONTH PERIOD OF CONTINUOUS OCCUPANCY TO THE FOLLOWING: (I) PROSPECTIVE BUYERS OR LESSEES; PAGE 12-HOUSE BILL 21-1286 ATTACHMENT A (II) ANY BROKERS, AS DEFINED IN SECTION 12-10-201 (6), WHO MAKE INQUIRY ABOUT THE PROPERTY; AND (III) MAJOR COMMERCIAL REAL ESTATE LISTING SERVICES ON WHICH THE PROPERTY IS LISTED. (b) UPON RECEIPT OF THE BENCHMARKING DATA, A COMMERCIAL REAL ESTATE LISTING SERVICE THAT LISTS PROPERTIES IN THE STATE SHALL INCLUDE IN THE PROPERTY'S LISTING, AT A MINIMUM, THE PROPERTY'S ENERGY STAR SCORE, IF APPLICABLE, AND THE PROPERTY'S ENERGY-USE INTENSITY. (c) IF A COVERED BUILDING CHANGES OWNERSHIP, THE FORMER OWNER SHALL MAKE AVAILABLE TO THE NEW OWNER THE ENERGY-USE DATA; UTILITY CUSTOMER CONSENT DOCUMENTATION, IF ANY; AND ANY OTHER INFORMATION ABOUT THE PROPERTY THAT IS NECESSARY TO BENCHMARK THE COVERED BUILDING. THE FORMER OWNER SHALL TRANSFER TO THE NEW OWNER BOTH THE RECORD REPRESENTING THE COVERED BUILDING WITHIN THE BENCHMARKING TOOL AND THE REQUEST TO A QUALIFIED UTILITY FOR AGGREGATED DATA. THE NEW OWNER MAY REQUEST AND RECEIVE FROM A QUALIFYING UTILITY THE AGGREGATED DATA NECESSARY TO FULFILL BENCHMARKING REPORTING REQUIREMENTS. (7) Benchmarking rules. THE COMMISSION MAY PROMULGATE RULES TO IMPLEMENT THE BENCHMARKING PROGRAM SET FORTH IN THIS SECTION. ADDITIONALLY, THE COMMISSION MAY, BY RULE, MODIFY THE FOLLOWING: (a) THE PROVISIONS REGARDING WAIVERS AND EXTENSIONS OF TIME SET FORTH IN SUBSECTION (5) OF THIS SECTION; (b) THE DEFINITION OF "BENCHMARKING DATA", BUT ONLY IF THE MODIFIED DEFINITION CONCERNS DATA THAT: (I) IS CAPABLE OF BEING RECORDED BY THE BENCHMARKING TOOL; AND (II) INCLUDES THE GREENHOUSE GAS EMISSIONS, THE ENERGY STAR SCORE, IF APPLICABLE, AND ENERGY -USE INTENSITY; PAGE 13-HOUSE BILL 21-1286 ATTACHMENT A (c) THE BENCHMARKING TOOL THAT OWNERS ARE REQUIRED TO USE TO BENCHMARK; (d) DATA VERIFICATION REQUIREMENTS; AND (e) AFTER JUNE 1, 2029, THE MINIMUM GROSS FLOOR AREA INCLUDED IN THE DEFINITION OF "COVERED BUILDING". (8) Task force recommendations for implementation - rules - repeal. (a) (I) No LATER THAN OCTOBER 1, 2021, THE DIRECTOR OF THE OFFICE SHALL APPOINT AND CONVENE A TASK FORCE TO DEVELOP AND PROVIDE RECOMMENDATIONS TO THE COMMISSION, THE GENERAL ASSEMBLY, AND THE GOVERNOR ON PERFORMANCE STANDARDS FOR COVERED BUILDINGS. ANY RECOMMENDATIONS MUST BE APPROVED BY AT LEAST TWO-THIRDS OF THE MEMBERS APPOINTED TO THE TASK FORCE. (II) THE TASK FORCE SHALL DEVELOP RECOMMENDATIONS REGARDING THE RULES THAT THE COMMISSION SHALL PROMULGATE PURSUANT TO SUBSECTION (8)(c) OF THIS SECTION, FOR: (A) INTERIM PERFORMANCE STANDARDS THAT WOULD ACHIEVE A REDUCTION IN GREENHOUSE GAS EMISSIONS OF SEVEN PERCENT BY 2026 AS COMPARED TO 2021 LEVELS AS REPORTED IN 2022 FOR 2021 BENCHMARKING DATA; (B) PERFORMANCE STANDARDS THAT WOULD ACHIEVE A REDUCTION IN GREENHOUSE GAS EMISSIONS OF TWENTY PERCENT BY 2030 AS COMPARED TO 2021 LEVELS; AND (C) THE PROCESS FOR ADVISING, SOLICITING PUBLIC INPUT ON, AND MAKING RECOMMENDATIONS TO THE COMMISSION ON PERFORMANCE STANDARDS FOR 2030 TO 2050. (III) IN DEVELOPING RECOMMENDATIONS, THE TASK FORCE SHALL: (A) SOLICIT FEEDBACK FROM A BROAD RANGE OF INDUSTRIES AND BUILDING OWNERS; AND (B) EXAMINE BUILDING TYPES WITH UNIQUE ENERGY NEEDS INCLUDING AVIATION FACILITIES, NURSING HOMES, AND HOSPITALS. PAGE 14-HOUSE BILL 21-1286 ATTACHMENT A (IV) IN CALCULATING GREENHOUSE GAS REDUCTIONS PURSUANT TO THIS SUBSECTION (8), THE CALCULATION MUST NOT INCLUDE SAVINGS FROM STATEWIDE DECARBONIZATION OF ELECTRICITY OR NATURAL GAS UTILITY GRIDS, BUT MAY INCLUDE SAVINGS FROM UTILITIES' OR LOCAL GOVERNMENTS' ENERGY EFFICIENCY PROGRAMS. (V) ADDITIONALLY, THE TASK FORCE MAY CONSIDER MAKING RECOMMENDATIONS RELATED TO: (A) WORKFORCE AVAILABILITY AND DEVELOPMENT RELATED TO BUILDING ENERGY PERFORMANCE; (B) FINANCIAL AND NONFINANCIAL COSTS AND BENEFITS OF UPGRADED BUILDING ENERGY PERFORMANCE; (C) AVAILABILITY OF PROGRAMS, TECHNICAL ASSISTANCE, AND INCENTIVES TO SUPPORT BUILDING OWNERS, UTILITIES, AND LOCAL GOVERNMENTS; (D) OPPORTUNITIES TO IMPROVE COMMERCIAL BUILDING ENERGY USE IN COLORADO; AND (E) How REGULATIONS AND AGENCY SUPPORT COULD HELP ENSURE BUILDING OWNERS AVOID FINES THROUGH COMPLIANCE WITH PERFORMANCE STANDARDS. (VI) IN DEVELOPING ITS RECOMMENDATIONS, THE TASK FORCE MAY CONSIDER: (A) BENCHMARKING DATA REPORTED PURSUANT TO SUBSECTION (3) OF THIS SECTION; (B) BENCHMARKING DATA FROM COMMUNITIES THAT ARE CURRENTLY CONDUCTING COMMERCIAL BUILDING BENCHMARKING; (C) ANY OTHER PUBLICLY AVAILABLE BUILDING BENCHMARKING DATA THROUGH WHICH BENCHMARKING IS REPORTED TO A BUILDING BENCHMARKING PROGRAM IN COLORADO; AND (D) ANY OTHER INFORMATION THAT THE OFFICE DETERMINES IS PAGE 15-HOUSE BILL 21-1286 ATTACHMENT A AVAILABLE REGARDING ENERGY USE IN COMMERCIAL BUILDINGS IN COLORADO. (b) ON OR BEFORE OCTOBER 1, 2022, THE TASK FORCE SHALL DELIVER TO THE DIRECTOR OF THE OFFICE ANY FINAL RECOMMENDATIONS DEVELOPED. THE DIRECTOR OF THE OFFICE SHALL SEND COPIES OF THE TASK FORCE'S FINAL RECOMMENDATIONS TO THE COMMISSION, THE GENERAL ASSEMBLY, AND THE GOVERNOR. (c) (I) IF AT LEAST TWO-THIRDS OF THE MEMBERS APPOINTED TO THE TASK FORCE AGREE ON RECOMMENDATIONS PURSUANT TO SUBSECTION (8)(a)(I) OF THIS SECTION, AND THE DIRECTOR OF THE OFFICE IN CONSULTATION WITH THE DIVISION DETERMINES THAT THE RECOMMENDATIONS MEET THE GREENHOUSE GAS EMISSION REDUCTION REQUIREMENTS SET FORTH IN SUBSECTION (8)(a)(II) OF THIS SECTION, THE DIVISION SHALL, ON OR BEFORE JANUARY 31, 2023, REQUEST THAT THE COMMISSION PUBLISH A NOTICE OF PROPOSED RULE-MAKING TO ADOPT RULES TO IMPLEMENT PERFORMANCE STANDARDS. ON OR BEFORE JUNE 1, 2023, THE COMMISSION, UPON CAREFUL CONSIDERATION OF THE RECOMMENDATIONS OF THE TASK FORCE AS PRESENTED BY THE DIVISION, SHALL PROMULGATE RULES TO ESTABLISH PERFORMANCE STANDARDS. THE COMMISSION SHALL ALSO ADOPT RULES REGARDING WAIVERS AND EXTENSIONS OF TIME REGARDING THE PERFORMANCE STANDARD REQUIREMENTS. THE COMMISSION'S RULES MUST INCLUDE A PROVISION THAT AN OWNER OF A PUBLIC BUILDING NEED ONLY COMPLY WITH PERFORMANCE STANDARDS WITH REGARD TO WORK ON A CONSTRUCTION OR RENOVATION PROJECT THAT: (A) HAS AN ESTIMATED COST OF AT LEAST FIVE HUNDRED THOUSAND DOLLARS; (B) IMPACTS AT LEAST TWENTY-FIVE PERCENT OF THE COVERED BUILDING'S SQUARE FOOTAGE; AND (C) EXCLUDES UPGRADES SUCH AS PAINTING, FLOORING, OR TENANT FINISHES THAT DO NOT IMPACT ENERGY USE. (II) IF TWO-THIRDS OF THE MEMBERS OF THE TASK FORCE CANNOT AGREE ON RECOMMENDATIONS OR IF THE DIRECTOR OF THE OFFICE IN CONSULTATION WITH THE COMMISSION DETERMINES THAT THE TASK FORCE'S PAGE 16-HOUSE BILL 21-1286 ATTACHMENT A RECOMMENDATIONS DO NOT MEET THE GREENHOUSE GAS EMISSION REDUCTION REQUIREMENTS SET FORTH IN SUBSECTION (8)(a)(II) OF THIS SECTION, THE COMMISSION, ON OR BEFORE JUNE 1, 2023, SHALL, BY RULE, ADOPT PERFORMANCE STANDARDS THAT MEET THE GREENHOUSE GAS EMISSION REDUCTION REQUIREMENTS SET FORTH IN SUBSECTION (8)(a)(II) OF THIS SECTION. THE COMMISSION SHALL ALSO ADOPT RULES REGARDING WAIVERS AND EXTENSIONS OF TIME REGARDING THE PERFORMANCE STANDARD REQUIREMENTS. THE COMMISSION'S RULES MUST INCLUDE A PROVISION THAT AN OWNER OF A PUBLIC BUILDING NEED ONLY COMPLY WITH PERFORMANCE STANDARDS WITH REGARD TO WORK ON A CONSTRUCTION OR RENOVATION PROJECT THAT: (A) HAS AN ESTIMATED COST OF AT LEAST FIVE HUNDRED THOUSAND DOLLARS; (B) IMPACTS AT LEAST TWENTY-FIVE PERCENT OF THE COVERED BUILDING'S SQUARE FOOTAGE; AND (C) EXCLUDES UPGRADES SUCH AS PAINTING, FLOORING, OR TENANT FINISHES THAT DO NOT IMPACT ENERGY USE. (III) THE COMMISSION SHALL NOT ADOPT RULES TO RESCIND OR MODIFY THE EXEMPTIONS FOR OWNERS OF PUBLIC BUILDINGS FROM PAYMENT OF THE ANNUAL FEE, AS SET FORTH IN SECTION 24-38.5-112 (1)(e)(II), OR FROM PAYMENT OF CIVIL PENALTIES, AS SET FORTH IN SECTION 25-7-122 (1)(i). (IV) THE COMMISSION SHALL, AS NECESSARY, ADOPT RULES TO MODIFY OR CONTINUE THE PERFORMANCE STANDARDS UNTIL 2050 IN ORDER TO ACHIEVE OR EXCEED GREENHOUSE GAS EMISSION REDUCTION TARGETS SET FORTH IN SECTION 25-7-102 (2)(g). (d) THE TASK FORCE CONSISTS OF THE FOLLOWING MEMBERS, ALL OF WHOM, EXCEPT THE REPRESENTATIVES OF THE OFFICE AND THE DIVISION, ARE VOTING MEMBERS: (I) THE DIRECTOR OF THE OFFICE OR THE DIRECTOR'S DESIGNEE; (II) THE DIRECTOR OF THE DIVISION OR THE DIRECTOR'S DESIGNEE; PAGE 17-HOUSE BILL 21-1286 ATTACHMENT A (III) Two MEMBERS WHO ARE OWNERS OF COMMERCIAL COVERED BUILDINGS OR WHO REPRESENT OWNERS OF COMMERCIAL COVERED BUILDINGS; (IV) ONE MEMBER WHO IS A BUILDING OPERATING ENGINEER; (V) ONE MEMBER WHO IS AN OWNER OF A MULTIFAMILY RESIDENTIAL COVERED BUILDING OR WHO REPRESENTS OWNERS OF MULTIFAMILY RESIDENTIAL COVERED BUILDINGS; (VI) ONE MEMBER WHO REPRESENTS AN AFFORDABLE HOUSING ORGANIZATION; (VII) Two MEMBERS WHO HAVE DIRECT EXPERIENCE IN, OR ARE MEMBERS OF ORGANIZATIONS REPRESENTING WORKERS IN, MECHANICAL, PLUMBING, OR ELECTRICAL WORK; (VIII) ONE MEMBER REPRESENTING ARCHITECTS; (IX) ONE MEMBER REPRESENTING PROFESSIONAL ENGINEERS WITH EXPERIENCE WORKING ON SYSTEMS FOR BUILDINGS; (X) ONE MEMBER REPRESENTING DEVELOPERS, CONSTRUCTION ORGANIZATIONS, OR BUILDING CONTRACTORS; (XI) ONE MEMBER REPRESENTING AN ELECTRIC UTILITY, A GAS UTILITY, OR A COMBINED ELECTRIC AND GAS UTILITY; (XII) Two MEMBERS OF ENVIRONMENTAL CONSERVATION OR ENVIRONMENTAL JUSTICE GROUPS WITH EXPERIENCE IN ENERGY EFFICIENCY OR THE BUILT ENVIRONMENT; (XIII) ONE MEMBER FROM A LOCAL GOVERNMENT THAT HAS ENACTED OR ADOPTED A BENCHMARKING OR BUILDING ENERGY PERFORMANCE ORDINANCE OR RESOLUTION; (XIV) ONE MEMBER FROM A LOCAL GOVERNMENT THAT HAS NOT ENACTED OR ADOPTED A BENCHMARKING OR BUILDING ENERGY PERFORMANCE ORDINANCE OR RESOLUTION; AND PAGE 18-HOUSE BILL 21-1286 ATTACHMENT A (XV) THREE MEMBERS WITH RELEVANT BUILDING PERFORMANCE EXPERTISE, AS DETERMINED BY THE DIRECTOR OF THE OFFICE. (e) AN APPLICANT FOR THE TASK FORCE MUST SUBMIT WITH THE APPLICATION A RECOMMENDATION FROM A RELEVANT MEMBER OR TRADE ORGANIZATION, IF SUCH MEMBER OR TRADE ORGANIZATION EXISTS. IN MAKING APPOINTMENTS TO THE TASK FORCE, THE DIRECTOR OF THE OFFICE SHALL STRIVE TO ENSURE GEOGRAPHIC DIVERSITY. (f) SUBSECTIONS (8)(a), (8)(b), (8)(d), AND (8)(e) AND THIS SUBSECTION (8)(f) ARE REPEALED, EFFECTIVE JULY 1, 2025. (9) Saving clause. THIS SECTION DOES NOT RESTRICT: (a) THE ABILITY OF A QUALIFYING UTILITY TO PROVIDE INCENTIVES OR OTHER ENERGY EFFICIENCY PROGRAM SERVICES FOR COVERED BUILDINGS; (b) THE ABILITY OF AN INVESTOR-OWNED UTILITY TO TAKE CREDIT, AS DEEMED APPROPRIATE BY THE PUBLIC UTILITIES COMMISSION, FOR ENERGY OR GREENHOUSE GAS EMISSION SAVINGS ACHIEVED FOR COVERED BUILDINGS; (c) THE ABILITY OF A QUALIFIED UTILITY TO SET AN AGGREGATION THRESHOLD THAT IS LESS THAN FOUR; OR (d) A LOCAL GOVERNMENT FROM ADOPTING OR IMPLEMENTING AN ORDINANCE OR RESOLUTION THAT IMPOSES MORE STRINGENT BENCHMARKING OR PERFORMANCE STANDARD REQUIREMENTS. SECTION 2. In Colorado Revised Statutes, 24-38.5-102.4, amend (2)(b)(VII); and add (2)(b)(VII.5) as follows: 24-38.5-102.4. Energy fund - creation - use of fund - definitions - repeal. (2) (b) The Colorado energy office may expend money from the energy fund: (VII) To educate the general public on energy issues and opportunities; acrd PAGE 19-HOUSE BILL 21-1286 ATTACHMENT A (VII.5) To IMPLEMENT THE BUILDING PERFORMANCE PROGRAM DEFINED IN SECTION 24-38.5-112 (3)(b) AND DESCRIBED IN THAT SECTION AND SECTION 25-7-142; AND SECTION 3. In Colorado Revised Statutes, add 24-38.5-102.6 and 24-38.5-112 as follows: 24-38.5-102.6. Climate change mitigation and adaptation fund - creation - use. (1) THE CLIMATE CHANGE MITIGATION AND ADAPTATION FUND, REFERRED TO IN THIS SECTION AS THE "FUND", IS HEREBY CREATED IN THE STATE TREASURY. THE FUND CONSISTS OF: (a) CIVIL PENALTIES CREDITED TO THE FUND PURSUANT TO SECTION 25-7-122 (1)(i)(III); (b) BUILDING PERFORMANCE PROGRAM FEES CREDITED TO THE FUND PURSUANT TO SECTION 24-38.5-112 (1)(e), WHICH FEES MUST BE SEPARATELY ACCOUNTED FOR IN THE FUND; (C) GIFTS, GRANTS, AND DONATIONS MADE TO THE COLORADO ENERGY OFFICE TO HELP FINANCE ITS ADMINISTRATION OF CLIMATE CHANGE MITIGATION OR ADAPTATION PROGRAMS AND POLICIES; (d) ANY MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND; AND (e) ANY OTHER MONEY CREDITED TO THE FUND. (2) MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE COLORADO ENERGY OFFICE FOR THE PURPOSE OF FINANCING AND ADMINISTERING THE BUILDING PERFORMANCE PROGRAM DEFINED IN SECTION 24-38.5-112 (3)(b) AND DESCRIBED IN THAT SECTION AND SECTION 25-7-142. (3) THE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE FUND. 24-38.5-112. Building performance program - duties of the office - county assessor records database - fees - definitions. (1) THE PAGE 20-HOUSE BILL 21-1286 ATTACHMENT A COLORADO ENERGY OFFICE SHALL IMPLEMENT A BUILDING PERFORMANCE PROGRAM AS FOLLOWS: (a) BASED ON COUNTY ASSESSOR RECORDS AND OTHER AVAILABLE SOURCES OF INFORMATION, THE OFFICE SHALL ADMINISTER THE BUILDING PERFORMANCE PROGRAM BY: (I) CREATING A DATABASE OF COVERED BUILDINGS AND OF OWNERS REQUIRED TO COMPLY WITH THE BUILDING PERFORMANCE PROGRAM; (II) TRACKING COMPLIANCE WITH THE BUILDING PERFORMANCE PROGRAM; (III) MAINTAINING A LIST OF NONCOMPLIANT OWNERS; AND (IV) IN A FORM AND MANNER DETERMINED BY THE OFFICE, IN CONSULTATION WITH THE DIVISION OF ADMINISTRATION IN THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, PERIODICALLY PROVIDING THE DIVISION WITH A LIST OF NONCOMPLIANT OWNERS FOR THE DIVISION'S ENFORCEMENT OF THE BUILDING PERFORMANCE PROGRAM PURSUANT TO SECTION 25-7-122 (1)(i). (b) UPON REQUEST OF THE OFFICE, A COUNTY ASSESSOR SHALL, IF FEASIBLE USING EXISTING RESOURCES, PROVIDE READILY AVAILABLE PROPERTY DATA FROM EXISTING RECORDS TO THE OFFICE AS NECESSARY FOR IMPLEMENTATION OF THIS SECTION. (c) THE OFFICE SHALL MAKE PUBLICLY AVAILABLE, THROUGH DIGITALLY INTERACTIVE MAPS, LISTS, OR OTHER TECHNOLOGY AS DETERMINED BY THE OFFICE, BENCHMARKING DATA FOR ALL COVERED BUILDINGS THAT HAVE REPORTED IN EACH YEAR PURSUANT TO SECTION 25-7-142 (3). THE PUBLICLY AVAILABLE DATA MUST NOT INCLUDE ANY CONTACT INFORMATION FOR A COVERED BUILDING THAT IS NOT OTHERWISE PUBLICLY AVAILABLE. (d) THE OFFICE SHALL COORDINATE WITH ANY LOCAL GOVERNMENT THAT IMPLEMENTS ITS OWN ENERGY BENCHMARKING OR ENERGY PERFORMANCE PROGRAM, INCLUDING THE COORDINATION OF REPORTING REQUIREMENTS. PAGE 21 -HOUSE BILL 21-1286 ATTACHMENT A (e) (I) EXCEPT AS PROVIDED IN SUBSECTION (1)(e)(II) OF THIS SECTION, TO FINANCE THE OFFICE'S ADMINISTRATION OF THE BUILDING PERFORMANCE PROGRAM, THE OFFICE SHALL COLLECT FROM EACH OWNER OF A COVERED BUILDING AN ANNUAL FEE OF ONE HUNDRED DOLLARS PER COVERED BUILDING. THE OFFICE SHALL TRANSFER THE FEES COLLECTED TO THE STATE TREASURER, WHO SHALL CREDIT THEM TO THE CLIMATE CHANGE MITIGATION AND ADAPTATION FUND CREATED IN SECTION 24-38.5-102.6. (II) THE OWNER OF A PUBLIC BUILDING IS EXEMPT FROM PAYING THE ANNUAL FEE DESCRIBED IN SUBSECTION (1)(e)(I) OF THIS SECTION. (2) To IMPLEMENT THE BUILDING PERFORMANCE PROGRAM, THE COLORADO ENERGY OFFICE SHALL ASSIST BUILDING OWNERS TO INCREASE ENERGY EFFICIENCY AND REDUCE GREENHOUSE GAS EMISSIONS FROM THEIR BUILDINGS, INCLUDING BY PROVIDING OUTREACH, TRAINING, TECHNICAL ASSISTANCE, AND GRANTS TO BUILDING OWNERS TO HELP THEIR BUILDINGS COME INTO COMPLIANCE WITH THE BUILDING PERFORMANCE PROGRAM. (3) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES: (a) "BENCHMARKING DATA" HAS THE MEANING SET FORTH IN SECTION 25-7-142 (2)(d). (b) "BUILDING PERFORMANCE PROGRAM" MEANS THE BENCHMARKING REQUIREMENTS SET FORTH IN SECTION 25-7-142 (3) AND PERFORMANCE STANDARD REQUIREMENTS SET BY THE COMMISSION BY RULE PURSUANT TO SECTION 25-7-142 (8)(c). (c) "COLORADO ENERGY OFFICE" OR "OFFICE" MEANS THE COLORADO ENERGY OFFICE CREATED IN SECTION 24-38.5-101. (d) "COMMISSION" MEANS THE AIR QUALITY CONTROL COMMISSION CREATED IN SECTION 25-7-104 (1). (e) "COVERED BUILDING" HAS THE MEANING SET FORTH IN SECTION 25-7-142 (2)(j). (f) "OWNER" HAS THE MEANING SET FORTH IN SECTION 25-7-142 (2)(r). PAGE 22-HOUSE BILL 21-1286 ATTACHMENT A SECTION 4. In Colorado Revised Statutes, 25-7-122, add (1)(i) as follows: 25-7-122. Civil penalties - rules - definitions. (1) Upon application of the division, the division may collect penalties as determined under this article 7 by instituting an action in the district court for the district in which the air pollution source affected is located, in accordance with the following provisions: (i) (I) ON AND AFTER JANUARY 1, 2024, AND EXCEPT AS PROVIDED IN SUBSECTION (1)(i)(II) OF THIS SECTION, AN OWNER OF A COVERED BUILDING THAT VIOLATES SECTION 25-7-142 (3) OR (6) IS SUBJECT TO A CIVIL PENALTY OF UP TO FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION AND UP TO TWO THOUSAND DOLLARS FOR EACH SUBSEQUENT VIOLATION. AS PART OF THE REQUIREMENT THAT THE COMMISSION ADOPT RULES TO ESTABLISH PERFORMANCE STANDARDS PURSUANT TO SECTION 25-7-142 (8)(c), THE COMMISSION SHALL ESTABLISH BY RULE, WITH REGARD TO A VIOLATION OF THE PERFORMANCE STANDARDS, CIVIL PENALTIES IN AN AMOUNT NOT TO EXCEED TWO THOUSAND DOLLARS FOR A FIRST VIOLATION AND FIVE THOUSAND DOLLARS FOR A SUBSEQUENT VIOLATION. (II) THE DIVISION SHALL NOT ASSESS A CIVIL PENALTY FOR A VIOLATION RELATED TO A PUBLIC BUILDING. (III) NOTWITHSTANDING SECTION 25-7-129, THE DIVISION SHALL TRANSMIT CIVIL PENALTIES COLLECTED PURSUANT TO THIS SUBSECTION (1)(i) TO THE STATE TREASURER, WHO SHALL CREDIT THEM TO THE CLIMATE CHANGE MITIGATION AND ADAPTATION FUND CREATED IN SECTION 24-38.5-102.6. (IV) AS USED IN THIS SUBSECTION (1)(i): (A) "COVERED BUILDING" HAS THE MEANING SET FORTH IN SECTION 25-7-142 (2)(j). (B) "OWNER" HAS THE MEANING SET FORTH IN SECTION 25-7-142 (2)(r). SECTION 5. In Colorado Revised Statutes, 29-12.5-101, amend (3) introductory portion, (3)(f), and (3)(h); and repeal (3)(g) as follows: PAGE 23-HOUSE BILL 21-1286 ATTACHMENT A 29-12.5-101. Definitions. As used in this article 12.5: (3) "Energy performance contract" means a contract for evaluations, recommendations, or implementation of one or more energy saving measures designed to produce utility costs COST savings, operation and maintenance cost savings, or vehicle fleet operational and fuel cost savings, which contract: (f) Requires such A board, upon termination or expiration of the contract, to return to such THE party any moneys MONEY THAT THE PARTY deposited with such THE board that arc AND DID not forfeited FORFEIT to such THE board pursuant to paragraph-(etofthis-subseetiorr(-3--) SUBSECTION (3)(e) OF THIS SECTION; AND (g) Requires-that-not-fess-thatrone=t-enth-erf-all-payments7exrept payments-f-or nraintetranee-and-repairs-and-obtigations-mthe-terminatiorr the-contract-prior-ter expirationrterbe-made-brsneir board-shall-be-made withnr two-years-fronrthe-elate-of-exeenticm-of the-eontraet-;and (h) Requires that the remaining-streb-payments-to-be-made-brstteh boarti-shall-be-made-withhr twelve-years-front-the-date-of ex-eention-of the contract; cxccpt that the maximum term of the payments shall THAT THE BOARD MAKES MUST be less than the cost-weighted average useful life of energy cost-savings equipment for which the contract is made, not to exceed twenty-five years. SECTION 6. Act subject to petition - effective date - applicability. (1) This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2022 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. PAGE 24-HOUSE BILL 21-1286 ATTACHMENT A (2) This act applies to conduct occurring on or after the applicable effective date of this act. dAit -640-le Alec Garnett SPEAKER OF THE HOUSE OF REPRESENTATIVES • obin Jones CHIEF CLERK OF T OUSE OF REPRESENTATIVES Leroy rcia PRESIDENT OF THE SENATE eznide° 0( "I'YettitoLt Cindi L. Markwell SECRETARY OF THE SENATE APPROVED_JUM../ 24 , 2Cr2- t C't i2:40_0(17-1 (Dat and Time) Jared S GO of RN R OF T STA "E OF COLORADO PAGE 25-HOUSE BILL 21-1286 ATTACHMENT A ATTACHMENT B Colorado Benchmarking Ordinances Analysis Boulder Building Performance Ordinance •Website: https://bouldercolorado.gov/services/building-performance-ordinance •Annual Reporting Deadline: June 1 ---> See below for extensions. o Energy Assessment requirement for all buildings 30,000 to 49,999 square feet extended from June 1, 2021 to Dec. 31, 2021 o The One-time Lighting Upgrade requirement for all buildings 50,000 and greater (including city facilities) extended from June 1, 2021 to June 1, 2022; o Retro-commissioning Report requirements for all buildings over 50,000 square feet and larger (including city facilities) extended from June 1, 2021 to June 1, 2022. All Retro-commissioning Measure Implementation requirements will be moved from June 1, 2023 to June 1, 2024. o There will be no change to June 1, 2021 Rating and Reporting deadline for all buildings 20,000 square feet and larger including city facilities. •Water also required? No •Policy Schedule: Property Initial Reporting Date City-owned buildings greater than 5,000 sqft May 1, 2016 Any building greater than 50,000 sqft August 1, 2016 Any building greater than 30,000 sqft June 1, 2018 Any building greater than 20,000 sqft June 1, 2020 Any building greater than 10,000 sqft where the initial building permit was issued on or after January 31, 2014 August 1, 2016 Aspen Building IQ •Website: https://www.cityofaspen.com/1245/Building-IQ •Annual Reporting Deadline: June 1 •Water also required?: Yes ATTACHMENT B Property Initial Reporting Date All City-owned properties June 30, 2022 Commercial buildings greater than 20,000 sqft December 1, 2022 Commercial buildings greater than 15,000 sqft June 1, 2023 Commercial buildings greater than 10,000 sqft June 1, 2024 Commercial buildings greater than 5,000 sqft June 1, 2025 Multifamily buildings greater than 20,000 sqft June 1, 2024 Multifamily buildings greater than 15,000 sqft June 1, 2025 Fort Collins Building Energy and Water Scoring •Website: https://www.fcgov.com/bews/ •Annual reporting deadline: March 1 •Water also required? Yes •Policy Schedule: Property Initial Reporting Date Commercial and City-owned buildings greater than 20,000 sqft March 1, 2020 Commercial and City-owned buildings greater than 10,000 sqft March 1, 2021 Commercial and City-owned buildings greater than 5,000 sqft March 1, 2022 Multifamily buildings greater than 20,000 sqft March 1, 2021 Multifamily buildings greater than 10,000 sqft March 1, 2022 Multifamily buildings greater than 5,000 sqft March 1, 2023 Denver Environmental Health Reporting, Energize Denver Ordinance •Website: https://www.denvergov.org/content/denvergov/en/climate- sustainability/goals-policy/benchmarking-ordinance.html ATTACHMENT B •How-To Video Series: https://www.youtube.com/channel/UCO0o1YpIHWONMLEUmGnet6w •Annual Reporting Deadline: June 1 •Water also required? No •Policy Schedule: Property Initial Reporting Date City-owned buildings greater than 25,000 sqft June 1st, 2021 970.748.4413 matt@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Matt Pielsticker, Planning Director Derek Place, Building Official RE: First Reading of Ordinance 22-16 Adopting the 2021 International Building Codes DATE: October 18, 2022 SUMMARY: The International Building Codes (“IBC”) are revised every three years. The Town of Avon adopts every other code cycle, or every six years. Currently, the Town of Avon enforces the 2015 edition. The attached Ordinance (“Attachment A”) is drafted to adopt the majority of the 2021 International Building Codes, with local amendments, and amendments to the Fire Code (“Attachment B – ERFPD Amendments”) as adopted by the Eagle River Fire Protection District (“ERFPD”). Exhibit A to Ordinance 22-16 includes Chapter 15, Avon Building Code, in a complete repealed and reenacted format. CHANGES: In addition to numerous amendments that are administrative in nature, the following changes are highlighted for Council awareness:  Automatic Sprinkler Systems. The International Residential Code (“IRC”) has required automatic sprinkler systems for one, two-family, and townhomes since 2009. However, Avon has historically repealed this code section (R313) at the request of local builders. Construction cost to install these fire life safety systems has been voiced as a concern in the past. It is our recommendation to reinstate this requirement for public safety and protection of structures.  Temporary Certificate of Occupancy Timeframe. Currently, a Temporary Certificate of Occupancy is valid for three months, and eligible for three month extensions. Staff proposes a six month duration for all Temporary Certificates of Occupancy to fall in line with IBC and typical construction cycles with construction in mountain environments.  Ground Snow Loads. Based upon a localized study, snow loads will be adjusted to 8,200’ (not 8,600’) elevation threshold for two prescribed snow loads.  Fire Code. The adoption of the International Fire Code now specifically our local fire district by reference, and includes their amendments (“Attachment B – ERFPD Amendments”). These amendments will be posted on the Town’s website alongside other pertinent code information for designers and builders.  Factory Build Housing. Avon’s Building Code has included mobile home and manufactured housing unit minimum requirements. This section is redundant and unnecessary since manufactured housing is addressed in the IRC  Property Maintenance Code. This code is redundant with municipal code functions and Staff recommends a separate local Ordinance if deemed necessary.  Swimming Pool and Spa Code [NEW]. This code is new and addresses safety requirements for all new pool and spa installations.  Wildland Fire Code. Our intention is to adopt the updated standards but return to Council in 2023 with a localized “hybrid” fire code that is developed with ERFPD staff and Eagle County’s Community Mitigation Manager. The Eagle County Community Wildfire Protection Plan (last revised 2011) is currently being updated and policy recommendations will be developed based upon community input and best practices. 970.748.4413 matt@avon.org PROCESS: Section 6.5 of the Avon Home Rule Charter provides for Ordinance passage procedures. This Ordinance is legislative in nature and no review by the Planning and Zoning Commission is required. Ordinances can be approved, tabled or continued by a vote of the Council. If approved on first reading, the Council shall set forth the day, time, and place for a public hearing and second reading. Once an Ordinance is approved on second reading, the Ordinance must be published in its entirety. OPTIONS: Town Council has the following options with respect to Ordinace 22-16:  Approve First Reading of Ordianance 22-16, setting for a Second and Final Reading for ________________; or  Continue to a future specified meeting date pending adidtional information; or  Table action PROPOSED MOTION: “I move to approve first reading of Ordinance 22-16, approving the International Building Codes, with local amendments, and setting forth a public hearing and second reading for November 8, 2022..” ATTACHMENTS: Attachment A: Ordinance 22-16, with Exhibit A – Chapter 15 Building Code Attachment B: Eagle River Fire Protection District Amendments Ord 22-16 Adoption of the 2021 International Building Codes Page 1 of 4 ORDINANCE NO. 22-16 ADOPTING THE 2021 INTERNATIONAL BUILDING CODES BY REFERENCE, REPEALING, RE-ENACTING AND AMENDING CERTAIN INTERNAIONAL BUILDING CODE CHAPTERS WITH LOCAL AMENDMENTS 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 finds that the adoption of the 2021 International Building Codes will improve the standards for construction and maintenance of buildings and will thereby promote the health, safety and general welfare of the Avon community; and WHEREAS, the Town Council desires to adopt the 2021 International Building Codes by reference with certain amendments as described in this Ordinance; 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. Adoption of International Building Codes. The Town Council hereby adopts the following codes by reference: (1) Building Code. The International Building Code, 2021 edition, published by the International Code Council; and (2) Residential Code. The International Residential Code, 2021 edition, published by the International Code Council; and (3) Electrical Code. The National Electrical Code, 2020 edition, published by the National Fire Protection Association; and (4) Plumbing Code. The International Plumbing Code, 2021 edition, published by the International Code Council; and ATTACHMENT A Ord 22-16 Adoption of the 2021 International Building Codes Page 2 of 4 (5) Mechanical Code. The International Mechanical Code, 2021 edition, published by the International Code Council; and (6) Fuel Gas Code. The International Fuel Gas Code, 2021 edition, published by the International Code Council; and (7) Fire Code. The International Fire Code, 2021 edition, published by the International Code Council; and (8) Pool and Spa Code. The International Swimming Pool and Spa Code, 2021 edition, published by the International Code Council; and (9) Wildland Fire Code. The International Wildland Urban Interface Code, 2021 edition, published by the International Code Council; and (10) Energy Code. The International Energy Conservation Code, 2021 edition, published by the International Code Council. Section 3. Local Amendments. The Town Council hereby repeals and reenacts Chapter 15 of the Avon Municipal Code in its entirety, consistent with “Exhibit A to Ordinance 22-16”, attached and incorporated by this reference. Section 4. 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 5. 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 6. 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 prope r legislative object sought to be obtained. Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall Ord 22-16 Adoption of the 2021 International Building Codes Page 3 of 4 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 8. 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 9. 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 October 25, 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 Page 1 of 29 EXHIBIT A TO ORDINANCE 22-16 CHAPTER 15.02 Definitions 15.02.010 Definitions. The definitions set forth in this Chapter shall apply to all the Chapters in this Title and shall apply to all codes adopted in this Title. In the event of any conflict, the definitions in this Chapter shall apply first and take precedence, the definitions in the codes adopted by this Title shall apply next, and the definition of any word, term or phrase set forth elsewhere in this Code shall apply after the definition of codes adopted by this Title. Building Official means the person designated as the Building Official by the Town Manager. Person means a natural person, association, firm, limited liability company, partnership or corporation, trust or other legal entity. Town Attorney means the attorney appointed by the Town Council as the Town Attorney, the Town Attorney's designee, another attorney appointed by the Town Council for the purpose of enforcing this Title, or the Town Prosecutor. CHAPTER 15.04 Violations, Penalties, Stop Work Orders, Abatement 15.04.010 Violations. (a) Unlawful acts. It is unlawful for any person to erect, construct, alter, move, demolish, repair, use or occupy any building or structure in the Town, cause or permit the same to be done, or fail to comply with any lawful order or directive, which act is contrary to or in violation of any provision of any code, standard or regulation adopted by this Title, and any such unlawful act shall be deemed to be a violation of this Title. (b) Notice of violation. The Building Official shall serve a notice of violation or order for the erection, installation, alteration, extension, repair, removal or demolition of any work which violates any code adopted in this Title, any change in occupancy of any building or equipment regulated by any code adopted in this Title or any violation of any permit, certificate or condition of any permit or certificate issued under the provisions of any code adopted by this Title. The notice of violation shall be served upon the contact person designated in any active permit issued by the Town or the property owner of record according to the records of the County Assessor's Office or by posting the notice of violation in a conspicuous place on the property. The notice of violation shall cite the specific section or sections of the code or codes which are violated and shall direct the discontinuance of the illegal action or condition and the abatement of the violation. (c) Prosecution of violation. If compliance with the notice of violation is not accomplished promptly, the Building Official shall request the Town Attorney to institute appropriate proceedings in law or equity to restrain, correct or abate the violation, to require the removal or termination of the unlawful structure, equipment or occupancy and to seek such fines, penalties, fees and restitution as may be appropriate. 15.04.020 Penalties. Any person who violates any provision of this code or any code adopted in this Title shall be punishable as set forth in Chapter 1.09 of this Code. In addition to other means provided by law, the Town may recover all costs and penalties imposed by certifying such amounts to the County Treasurer and such amounts shall be collected and paid over by the County Treasurer in the same manner as taxes are authorized in accordance with Section 31- 20-105, C.R.S. Page 2 of 29 15.04.030 Stop work orders. (a) Authority. The Building Official is authorized to issue a stop work order when the Building Official finds any work regulated by this Title, or any code adopted by this Title, being performed in a manner either contrary to the provisions of any code adopted herein or being performed in a dangerous or unsafe manner. (b) Issuance. The stop work order shall be in writing and shall be given to the owner of the property upon which the violation has occurred or is occurring, to the owner's agent or to the person doing the work, or may be posted in a conspicuous manner on the property. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume. The Building Official may also include conditions or directives in the stop work order to secure the property where appropriate due to unsafe conditions, soil erosion control, water quality degradation or other matters in which conditions on the property threaten the health, safety or general welfare of the public or threaten to negatively impact or damage other property. (c) Unlawful continuance. Any person who shall continue any work after a stop work order has been issued, except such work as may be directed to remove a violation, address an unsafe condition or secure the property, shall be deemed to be in violation of this Title and shall be subject to penalties as set forth in this Title. 15.04.040 Abatement of unsafe conditions, declaration of nuisance. (a) Declaration of public nuisance. Any use or condition of a property, structure or equipment regulated by this Title which constitutes an unsafe condition, unsanitary condition or hazardous threat to life, safety, health, public welfare or property by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared to be an unsafe condition. An unsafe condition is hereby declared to be a public nuisance. (b) Order of abatement. The Building Official or Town Attorney may take action to order the abatement of any unsafe condition. Unsafe conditions shall be abated by repair, rehabilitation, demolition or removal of the equipment or structure which poses unsafe conditions, or by securing such property, structure or equipment to restrict the use, accessibility or risk posed by the unsafe condition. The Building Official or Town Attorney shall issue an order of abatement in writing to the property owner which shall describe the action required to abate the unsafe condition and shall provide a time frame for compliance. No person shall use the structure or equipment constituting an unsafe condition after receiving such notice. (c) Failure to comply, abatement by Town. In the event the property owner fails to comply with an order of abatement within the time frame for compliance stated in such order, the Town may proceed to enter the property, abate the unsafe condition and correct the public nuisance. The Town shall post notice of the Town's intention to enter the property and abate the unsafe condition and public nuisance at least twenty four (24) hours in advance by posting written notice in a conspicuous place on the property, except where unsafe conditions warrant immediate abatement; in which case, the Town shall not be required to post written notice in advance of entering the property. (d) Disconnection of service utilities. The Building Official shall have the authority to authorize disconnection of utility services to the building, structure or system regulated by the technical codes in case of emergency, where necessary, to eliminate an immediate danger to life or property. Where possible, the owner or occupant of the building, structure or service system shall be notified of the decision to disconnect utility service prior to taking such action. If not notified prior to disconnecting the utility service, the owner or occupant of the building, structure or service systems shall be notified in writing as soon as practical thereafter. (e) Connection after order to disconnect. No person shall make connections from any energy, fuel, power supply, water distribution or other utility service or supply energy, fuel or water to any equipment regulated by this Title that has been disconnected or ordered to be disconnected by the Building Official or the use of Page 3 of 29 which has been ordered to be disconnected by the Building Official until the Building Official authorizes the reconnection and use of such equipment. (f) Recovery of costs, lien. The Town may recover the direct costs incurred for abatement of unsafe conditions, together with a fifteen-percent surcharge for administrative expense and eighteen percent (18%) interest per year on the total outstanding amount due to the Town. All costs, surcharges and interest shall be recoverable against the property owner. In addition to other means provided by law, the Town may recover all costs, surcharges and interest imposed by certifying such amounts to the County Treasurer, and such amounts shall be collected and paid over by the County Treasurer in the same manner as taxes are authorized in accordance with Section 31-20-105, C.R.S. CHAPTER 15.06 Board of Appeals 15.06.010 Appeals to Town Council. A person shall have a right to appeal a decision of the Building Official to the Town Council acting in the capacity of the Board of Appeals. An application for appeal shall be filed with the Town Clerk within twenty (20) days after the date of the decision of the Building Official. An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted hereunder have been incorrectly interpreted. The application must state the specific order, decision or determination being appealed and include documentation to support the appeal. The Board shall render a decision within thirty (30) days of receipt of the appeal. The decision of the Board shall be by resolution, and copies shall be furnished to the appellant and to the Building Official. The Building Official shall take immediate action in accordance with the decision of the Board. 15.06.020 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply or an equally good or better form of construction is proposed. The Town Council acting in the capacity of the Board of Appeals shall have no authority to waive requirements of this Code. 15.06.030 Limitation of liability. Any member of the Town Council, acting in good faith and without malice for the Town in the discharge of his or her duties, shall not thereby render himself or herself personally liable. The members are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of their duties. Any suit brought against a member or members of the Town Council because of any act or omission performed by them in the discharge of their duties shall be defended by the Town until final termination of the proceedings. CHAPTER 15.08 International Building Code 15.08.010 Adoption. (a) The Charter of the Town of Avon, Section 6.9, provides that standards codes may be adopted by reference with amendments. The Town adopts the 2021 International Building Code, Appendix E, Appendix H and Appendix J, except as amended in this Chapter. Only the appendices specifically listed herein are adopted. (b) The 2021 International Building Code is published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795. Copies of the 2021 International Building Code are on file in the office of the Town Clerk and are available for inspection during regular business hours. Page 4 of 29 15.08.020 Additions or modifications. The 2021 International Building Code is amended and changed as described in Sections 15.08.030 through 15.08.140 below. 15.08.030 Section 104—Duties and Powers of Building Official. (a) Section 104.1, General, is amended to read as follows: 104.1 General. The Building Official is hereby authorized and directed to enforce the provisions of this code and other provisions of the Avon Municipal Code. For such purposes, the Building Official shall have the powers of a law enforcement officer. The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving the requirements specifically provided for in this code. (b) Section 104.6, Right of entry, is amended to read as follows: 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, and of other provisions of the Avon Municipal Code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition that is contrary to or in violation of this code, and of other provisions of the Avon Municipal Code, which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, and other provisions of the Avon Municipal Code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry. 15.08.040 Section 105—Permits. Section 105, Permits, is amended by the addition of the following language: 105.8 Contractor licensing. All contractors shall purchase a contractor license for conducting work within the Town of Avon pursuant to Chapter 5.18 of the Avon Municipal Code. 15.08.050 Section 109—Fees. Section 109.2, Schedule of permit fees, is amended to read as follows: 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the schedule as established by resolution by the Town Council of the Town of Avon. 15.08.060 Section 110—Inspections. Section 110.2, Preliminary inspection, is amended to read as follows: 110.2 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. 110.2.1 Site preparation inspection. The site preparation inspection shall include the staked property lines, setback lines, area of disturbance and soils erosion control measures. A construction sign with building permit number, street address and contractor's name shall be installed on the site and properly placed to be seen and read from the street and all necessary toilet facilities in place prior to this inspection being approved. Page 5 of 29 110.2.2 Culvert and driveway base. The culvert and driveway base inspection shall be done prior to the placement of the permanent driveway covering. The culvert and approach shall conform to Title 12 of the Avon Municipal Code. This inspection is one of the requirements for Occupancy of the building. 110.2.3 Improvement Location Survey inspection. An Improvement Location Survey shall be prepared by a Colorado-licensed professional land surveyor. The improvement location survey inspection shall be the second part of the foundation inspection. An Improvement Location Survey shall be done when the forms are removed. The Survey shall contain all required statutory information and show all walls in relationship to the required setbacks, as well as all pertinent elevations at the top of the wall. The benchmark must be the same one used for the plan approval process. The Survey shall be presented to the Building Official and approved by the Town. 110.2.4 Second Improvement Location Survey. A second Improvement Location Survey prepared by a Colorado-licensed professional land surveyor shall be submitted for all buildings that have been designed to within 18 inches of allowable building height or within 18 inches of a setback line. The survey is to be done when the rough frame is completed and ready for inspection and shall show all pertinent elevations using the original benchmark. 15.08.070 Section 111—Certificate of Occupancy. (a) Section 111.2, Certificate issued, is amended by the addition of the following language: 111.2.1 Conditions of the Certificate of Occupancy. The Certificate of Occupancy shall not be issued until all construction has been completed, including building, electrical, plumbing, mechanical, fire systems, landscaping, paving, final grading, drainage and all other construction. All signs of construction must be removed from the property, including excess dirt, building materials, trash containers, rubbish, trash and related items, before the Certificate of Occupancy will be issued. 111.2.2 Cleanup, landscaping and general construction deposit. A cleanup, landscaping and general construction deposit ('deposit') is designed to provide security for all conditions contained in the temporary certificate of occupancy ('TCO'). The deposit shall be paid in cash and shall be paid to the Town of Avon. In lieu of cash, and upon a showing to the Town that adequate security will be provided thereby, the deposit may be by a letter of credit. The letter of credit must be valid for one year and renewable upon the Town's request. The amount of the deposit required shall be based upon a current bid by a reputable contractor, plus twenty-five percent of the bid, good for sufficient time to allow completion of the work, or upon some other basis deemed acceptable by the Town. The bid shall be based upon completion of all remaining work indicated on the approved building permit plans, and any subsequent conditions of approval. If the cleanup, landscaping and general construction, as defined in this Chapter, is not completed within six (6) months of the date the TCO is issued, the Town may, but shall not be obligated to, complete such cleanup, landscaping and general construction, the cost of doing so, together with a fee in the amount of twenty percent of such costs, to be charged to the permit holder and deducted from the cash deposited. If the cost for completion by the Town, plus the fee, exceeds the amount of the deposit, the excess, together with interest at twelve percent [per] annum, shall be a lien against the property and may be collected by civil suit, or may be certified to the treasurer of Eagle County to be collected in the same manner as delinquent ad valorem taxes levied against such property. (b) Section 111.3, Temporary occupancy, is amended by the addition of the following language: 111.3.1. Temporary Certificate of Occupancy. A temporary certificate of occupancy ('TCO') shall be valid for six (6) months. The Building Official may grant one TCO extension for up to six (6) months. Such extension shall be granted in writing. 111.3.2. Issuance of Temporary Certificate of Occupancy. The following shall be completed prior to the issuance of a TCO for all commercial and multi-family occupancies: Where the required cleanup, landscaping or construction required for a certificate of occupancy is not complete, a temporary certificate of occupancy (TCO) may be issued upon submittal and approval of a cleanup, landscaping and construction deposit in Page 6 of 29 accordance with Section 110.2.3.3. The surety will be returned to the permittee upon issuance of the final certificate of occupancy. 15.08.080 Section 113—Means of Appeals. Section 113, Means of Appeals, is amended to read as follows: 113.1 Appeals to Town Council. A person shall have a right to appeal a decision of the Building Official to the Town Council acting in accordance with Chapter 15.06 of the Avon Municipal Code. 15.08.090 Section 115—Stop Work Order. Section 115, Stop Work Order, is amended to read as follows: 115.1 Authority. Whenever the Building Official finds any work regulated by this code, other provisions of the Avon Municipal Code, or other pertinent laws or ordinances implemented through the enforcement of this code, being performed in a manner either contrary to the provisions of the applicable code, law or ordinance or that is dangerous or unsafe, the Building Official is authorized to issue a stop work order. 15.08.100 Section 1603—Construction Documents. Section 1603, Construction Documents is amended by the addition of the following language: 1603.2 Boulder walls. Boulder walls (rock walls) four feet and taller shall be designed by an engineer licensed to practice in the State of Colorado. 15.08.110 Section 1608—Snow Loads. Section 1608.2, Ground snow loads, is amended to read as follows: 1608.2 Ground snow loads. Snow load shall be 75 pounds per square foot for buildings and structures constructed at or below than 8,200 feet in elevation. Snow load shall be 90 pounds per square foot for buildings and structures constructed above 8,200 feet in elevation. 15.08.120 Section 1809—Shallow Foundations. Section 1809.5, Frost protection, shall be amended to read as follows: 1809.5 Frost protection. Except where otherwise protected from frost, foundations and other permanent supports of buildings and structures shall be protected from frost by one or more of the following methods: 1. Footings shall have a minimum depth of 48 inches from the top of the finished grade to the bottom of the footer; 2. Construction in accordance with ASCE 32; 3. Erecting on solid rock. Exception: Free-standing buildings meeting all of the following conditions shall not be required to be protected: 1. Assigned to Risk Category I; 2. Area of 600 square feet (56 m2) or less for light-frame construction or 400 square feet (37 m2) or less for other than light-frame construction; 3. Eave height of 10 feet (3048 mm) or less. Shallow foundations shall not bear on frozen soil unless such frozen condition is of a permanent character. 1809.5.1 Frost protection at required exits. Frost protection shall be provided at exterior landings for all required exits with outward-swinging doors. Frost protection shall only be required to the extent necessary to ensure the unobstructed opening of the required exit doors. 15.08.130 Section 3001—General. Section 3001, General, is amended by the addition of the following language: Page 7 of 29 3001.5 Fees. Elevator permit applications and inspections will be administered by and through the Northwest Colorado Council of Governments. Elevator permit and inspection fees shall be paid to the Northwest Colorado Council of Governments. 15.08.140 Appendix J—Grading. Section J101.1 is amended to read as follows: J101.1 Scope. The provisions of this chapter apply to grading, excavation and earthwork construction, including fills and embankments. Where conflicts occur between the technical requirements of this chapter and the geotechnical report, the geotechnical report shall govern. Grading permits shall be permitted, regulated and enforced by the Town of Avon Engineer. 15.08.150 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2021 International Building Code named in the title of this Chapter: It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town, or cause or permit the same to be done, contrary to or in violation of any of the adopted or modified provisions of any of the codes or standards named in the title of this Chapter. 15.08.160 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2021 International Building Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.08.170 Repeal. The repeal or the repeal and reenactment of any provision of the code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, violation that occurred prior to the effective date hereof, any prosecution commenced, or any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.08.180 Validity. If any section, subsection, sentence, clause or phrase of the 2021 International Building Code named in the title of this Chapter is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Page 8 of 29 CHAPTER 15.10 International Residential Code 15.10.010 Adoption. (a) Section 6.9 of the Town Charter provides that standards codes may be adopted by reference with amendments. The Town adopts the 2021 International Residential Code, Appendix AJ and Appendix AT, except as amended in this Chapter. Only the appendices specifically listed herein are adopted. (b) The 2021 International Residential Code is published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795. A copy of the 2021 International Residential Code is on file in the office of the Town Clerk and is available for inspection during regular business hours. 15.10.020 Additions or modifications. The 2021 International Residential Code is amended and changed as described in Sections 15.10.030 through 15.10.110 of this Chapter. 15.10.030 Section R101—Scope and General Requirements. Section R101.1, Title, is amended to read as follows: R101.1 Title. These regulations shall be known as the Avon Building Code. 15.10.040 Section R104—Duties and Powers of Building Official. (a) Section R104.1, General, is amended to read as follows: R104.1 General. The Building Official is hereby authorized and directed to enforce the provisions of this code and other provisions of the Avon Municipal Code. For such purposes, the Building Official shall have the powers of a law enforcement officer. The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving the requirements specifically provided for in this code. (b) Section R104.6, Right of entry, is amended to read as follows: R104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code and of other provisions of the Avon Municipal Code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition that is contrary to or in violation of this code and of other provisions of the Avon Municipal Code, which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code and other provisions of the Avon Municipal Code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry. 15.10.050 Section R108—Fees. (a) Section R108.2, Schedule of permit fees, is amended to read as follows: R108.2 Schedule of permit fees. On buildings, structures, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the schedule as established by resolution by the Town Council of the Town of Avon. Page 9 of 29 (b) R108.4, Related fees, is amended by the addition of the following language: R108.4.1 Elevators and conveying systems fees. Elevator permit applications and inspections will be administered by and through the Northwest Colorado Council of Governments. Elevator permit and inspection fees shall be paid to the Northwest Colorado Council of Governments. (c) Section R108.6, Work commencing before permit issuance, is amended by the addition of the following language: R108.6.1 Contractor licensing. All contractors shall purchase a contractor license for conducting work within the Town of Avon pursuant to Chapter 5.18 of the Avon Municipal Code. 15.10.060 Section R109—Inspections. (a) Section R109.1.1, Foundation inspection, is amended by the addition of the following language: R.109.1.1 Foundation inspection. Inspection of the foundation shall be made after poles or piers are set or trenches or basement areas are excavated and any required forms erected and any required reinforcing steel is in place and supported prior to the placing of concrete. The foundation inspection shall included excavations for thickened slabs intended for the support of bearing walls, partitions, structural supports, or equipment and special requirements for wood foundations. The footing inspection shall be done after the Site Preparation Inspection, and when all footing forms and steel are in place. In winter, blankets and heating devices shall be on site to prevent freezing of the concrete during freezing weather. R109.1.1.1 Improvement Location Survey inspection. An Improvement Location Survey shall be prepared by a Colorado-licensed professional land surveyor. The Improvement Location Survey inspection shall be the second part of the foundation inspection. An Improvement Location Survey shall be done at the time of the foundation wall inspection. The Survey shall contain all required statutory information and show all walls in relationship to the required setbacks, as well as all pertinent elevations at the top of the wall. The benchmark must be the same one used for the plan approval process. The Survey shall be presented to the Building Official and approved by the Town. R109.1.1.2 Second Improvement Location Survey. A second Improvement Location Survey prepared by a Colorado-licensed professional land surveyor shall be submitted for all buildings that have been designed to within 18 inches of allowable building height or within 18 inches of a setback line. The survey is to be done when the rough frame is completed and ready for inspection and shall show all pertinent elevations using the original benchmark. (2) Section R109.1.5, Other inspections, is amended to read as follows: R109.1.5 Other inspections. In addition to inspections in Sections R109.1.1-R109.1.4, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with this code and any other Avon Municipal Code, standard, requirement or regulation. 15.10.070 Section R110—Certificate of Occupancy. Section R110, Certificate of Occupancy, is amended by the addition of the following language: R110.3.1 Conditions of the Certificate of Occupancy. The Certificate of Occupancy shall not be issued until all construction has been completed, including building, electrical, plumbing, mechanical, fire systems, landscaping, paving, final grading, drainage and all other construction. All signs of construction must be removed from the property, including excess dirt, building materials, trash containers, rubbish, trash and related items, before the Certificate of Occupancy will be issued. Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of this code or other ordinances of the jurisdiction. R110.4.1 Conditions of a Temporary Certificate of Occupancy. Page 10 of 29 1. A temporary certificate of occupancy ('TCO') shall be valid for six (6) months. The Building Official may grant one TCO extension for up to six (6) months. Such extension shall be granted in writing. 2. The following shall be completed prior to the issuance of a TCO for one- and two-family dwellings: Where the required cleanup, paving, landscaping or construction required for a certificate of occupancy is not complete, a TCO may be issued upon submittal and approval of a cleanup, landscaping and construction deposit in accordance with Section R110.4.1. The surety will be returned to the permittee upon issuance of the final certificate of occupancy. R110.5.1 Cleanup, landscaping and general construction deposit. A cleanup, landscaping and general construction deposit ('deposit') is designed to provide security for all conditions contained in the temporary certificate of occupancy ('TCO'). The deposit shall be paid in cash and shall be paid to the Town of Avon. In lieu of cash, and upon a showing to the Town that adequate security will be provided thereby, the deposit may be by a letter of credit. The letter of credit must be valid for one year and renewable upon the Town's request. The amount of the deposit required shall be based upon a current bid by a reputable contractor, plus twenty-five percent (25%) of the bid, good for sufficient time to allow completion of the work, or upon some other basis deemed acceptable by the Town. The bid shall be based upon completion of all remaining work indicated on the approved building permit plans, and any subsequent conditions of approval. If the cleanup, landscaping and general construction, as defined in this chapter, are not completed within six (6) months of the date the TCO is issued, the Town may, but shall not be obligated to, complete such cleanup, landscaping and general construction, the cost of doing so, together with a fee in the amount of twenty percent (20%) of such costs, to be charged to the permit holder and deducted from the cash deposited. If the cost for completion by the Town, plus the fee, exceeds the amount of the deposit, the excess, together with interest at twelve percent (12%) [per] annum, shall be a lien against the property and may be collected by civil suit, or may be certified to the treasurer of Eagle County to be collected in the same manner as delinquent ad valorem taxes levied against such property. 15.10.080 Section R112—Board of Appeals. Section R112, Board of Appeals, is amended to read as follows: R112.1 Appeals to Town Council. A person may appeal a decision of the Building Official to the Town Council in accordance with Chapter 15.06 of the Avon Municipal Code. 15.10.090 Section R114—Stop Work Order. Section R114.1, Authority, is amended to read as follows: R114.1 Notice to owner. Whenever the Building Official finds any work regulated by this code, other provisions of the Avon Municipal Code, or other pertinent laws or ordinances implemented through the enforcement of this code, being performed in a manner either contrary to the provisions of the applicable code, law or ordinance or that is dangerous or unsafe, the Building Official is authorized to issue a stop work order. Upon notice from the Building Official that any work is being prosecuted contrary to the provisions of this code, such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work; and shall state the conditions under which work will be permitted to resume. 15.10.100 Table R301.2—Climatic and Geographic Design Criteria. Table R301.2, Climatic and Geographic Design Criteria, is amended to read as follows: TABLE R301.2 CLIMATE AND GEOGRAPHIC DESIGN CRITERIA Page 11 of 29 GROUND AND SNOW LOADS (psf) WIND DESIGN SEISMIC DESIGN CATEGORY SUBJECT TO DAMAGE FROM ICE BARRIER UNDER- LAYMET REQUIRED FLOOD HAZARDS AIR FREEZING INDEX MEAN ANNUAL TEMP Speed (mph) Topo- Graphical effects Special wind region Wind borne debris zone Weathering Frost line depth termite ≤ 8,200 ft.: 75 > 8,200 ft.: 90 115 No No No B SEVERE 48‘’ None to Slight YES, 100% Slight 2500 37.4 MANUAL J DESIGN CRITERIA Elevation Altitude correction factor Coincident wet bulb Indoor winter design dry-bulb temperature Indoor winter design relative Outdoor winter design dry-bulb temperature Heating temperature difference 7421’ 0.745 54 degrees 30% 70 degrees -5 degrees 75 degrees Latitude Daily Range Indoor summer design relative humidity Summer design gains Indoor summer design dry-bulb temperature Outdoor summer design dry-bulb temperature Cooling temperature 39.38 degrees N. H 50% -33 to -53 75 degrees 82 degrees 7 degrees 15.10.110 Appendix AT—Solar-Ready Provisions. Section AT103.9 (RB103.9), Electrical service reserved space, is amended to read as follows: AT103.9 (RB103.9) Electric service reserved space. The primary Electrical service installed must be a minimum of a 200-amp all-in-one solar ready load center for one- and two-family dwellings or townhouses. The supply conduit must be a minimum of 2 inches. 15.10.120 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2021 International Residential Code. named in the title of this Chapter: "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town, or cause or permit the same to be done, contrary to or in violation of any of the adopted or modified provisions of any of the codes or standards named in the title of this Chapter." 15.10.130 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2021 International Residential Code. named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Page 12 of 29 15.10.140 Repeal. The repeal or the repeal and reenactment of any provision of the code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, or any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.10.150 Validity. If any section, subsection, sentence, clause or phrase of the 2021 International Residential Code. named in the title of this Chapter is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. CHAPTER 15.12 National Electrical Code 15.12.010 Adoption. The Town adopts the 2020 National Electrical Code, except as amended in this Chapter. The 2020 National Electrical Code is published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269. A copy of the 2020 National Electrical Code is on file in the Town Clerk's office and is available for inspection during regular office hours. Adoption of this code cycle is mandated by DORA (Department of Regulatory Agencies. 15.12.020 Administration—fees. Electrical permit applications and inspections will be administered by and through the Colorado State Electrical Board Department of Regulatory Agencies. Electrical permit and inspection fees shall be paid to the Colorado State Electrical Board Department of Regulatory Agencies. (For permit application and inspections, contact the DORA.) 15.12.030 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2020 National Electrical Code named in the title of this Chapter. "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure and building service equipment, or maintain any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this Chapter." 15.12.040 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2020 National Electrical Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Page 13 of 29 15.12.050 Repeal. The repeal or the repeal and reenactment of any provision of this code as provided in this Chapter shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, or any other action or proceeding as commenced under or by virtue of the provisions repealed or repealed and reenacted. 15.12.060 Validity. If any section, subsection, sentence, clause or phrase of the 2020 National Electrical Code named in the title of this Chapter is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared invalid. CHAPTER 15.14 International Plumbing Code 15.14.010 Adoption. The Town adopts the 2021 International Plumbing Code, Appendix B, Appendix C, Appendix D, Appendix E and Appendix F, except as amended in this Chapter. Only the appendices specifically listed herein are adopted. The 2021 International Plumbing Code is published by the International Code Council, Inc., 500 New Jersey Avenue, N.W., 6th Floor, Washington, D.C. 20001. A copy of the 2021 International Plumbing Code is on file in the Town Clerk's office and is available for inspection during regular office hours. 15.14.020 Additions or modifications. The 2021 International Plumbing Code is amended and changed in Sections 15.14.030 through 15.14.100 of this Chapter. 15.14.030 Section 101—Scope and General Requirements. Section 101.1, Title, is amended to read as follows: R101.1 Title. These regulations shall be known as the Avon Plumbing Code. 15.14.040 Section 103—Code Compliance Agency. Section 103.1, Creation of agency, is amended to read as follows: Section 103.1 Creation of agency. The Department of Plumbing Inspection is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. 15.14.050 Section 106—Permits. Section 106, Permits, is amended by the addition of the following language: Section 106.6 Licensing. Pursuant to Section 12-58-115 of the Colorado Revised Statutes, only qualified licensed plumbers may install Plumbing Systems as defined in Section 202 of the 2021 International Plumbing Code. 15.14.060 Section 109—Fees. Section 109.2, Schedule of permit fees, is amended to read as follows: Page 14 of 29 109.2 Fees. All fees shall be as shown on the Town of Avon Fee Schedule A (adopted by resolution of the Town). 15.14.070 Section 305—Protection of Pipes and Plumbing System Components Section 305.4.1, Sewer depth, is amended to read as follows: 305.4.1 Sewer depth. Per Eagle River Water and Sanitation District (ERWSD) standards, building sewers shall be installed not less than 54 inches (1372 mm) below grade. 15.14.080 Section 306—Trenching, Excavation and Backfill. Section 306, Trenching, Excavation and Backfill, is amended by the addition of the following language: 306.5 Minimum Cover. The minimum cover for water supply and sewer piping, not under a building, shall be 54 inches per (ERWSD) standards, below finished grade. 15.14.090 Section 606.2—Location of shutoff valves. Section 606.2, Location of shutoff valves, is hereby amended to add Item 4, as follows, with the remainder of Section 606.2 to be adopted as-is: 4. On the fixture supply to each plumbing fixture other than bathtubs, showers and concealed wall- mounted faucets in one- and two-family residential occupancies, and in individual guest rooms in hotels, motels, boarding houses and similar occupancies, shutoff valves are required. 15.14.100 Section 906—Vent Pipe Sizing. Section 906.1, Size of stack vents and vent stacks, is amended by the addition of the following language: Section 906.1 Size of stack vents and vent stacks. Each vent pipe or stack shall extend through its flashing and shall terminate vertically not less than twelve (12) inches above the roof nor less than two (2) feet from any vertical surface. 15.14.110 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2021 International Plumbing Code named in the title of this Chapter: "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town, or cause or permit the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this chapter." 15.14.120 Penalty. Any person, firm or corporation violating any of the provisions of this Chapter or of the provisions of the 2021 International Plumbing Code named in the title of this Chapter, as adopted and modified herein, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and, upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisonment for one (1) year, or by both such fine and imprisonment. 15.14.130 Repeal. The repeal, or the repeal and reenactment, of any provision of the Code as provided in this Chapter, shall not affect any right which has accrued, any duty imposed, or violation that occurred prior to the effective date hereof, any prosecution commenced, or any other action or proceeding as commenced under or by virtue of the provision Page 15 of 29 repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.14.140 Validity. If any section, subsection, sentence, clause or phrase of the 2021 International Plumbing Code named in the title of this Chapter is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. CHAPTER 15.16 International Mechanical Code 15.16.010 Adoption. The Town adopts the 2021 International Mechanical Code. Only the appendices specifically listed herein are adopted. The 2021 International Mechanical Code is published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795. A copy of the 2021 International Mechanical Code is on file in the Town Clerk's office and is available for inspection during regular office hours. 15.16.020 Additions or modifications. The 2021 International Mechanical Code is amended and changed as described in Sections 15.16.030 through 15.16.080 of this Chapter. 15.16.030 Section 101.1—Title. Section 101.1, Title, is amended to read as follows: 101.1 Title. These regulations shall be known as the Avon Mechanical Code. 15.16.040 Section 109—Fees. Section 109.2, Schedule of permit fees, is amended by the addition of the following language: 109.2.1 Fee schedule. The fee for each permit shall be as set forth in the Town of Avon Fee Schedule A (as adopted by resolution of the Town Council). 15.16.050 Section 113—Means of Appeal. Section 113, Means of Appeal, is amended to read as follows: 113.1 Appeals to Town Council. A person shall have a right to appeal a decision of the Building Official to the Town Council acting in accordance with Chapter 15.06 of the Avon Municipal Code. 15.16.060 Section 903—Factory-Built Fireplaces. Section 903.3, Unvented gas log heaters, is amended to read as follows: 903.3 Unvented gas log heaters. Unvented gas fireplaces are prohibited. 15.16.070 Section 701—General. Section 701, General, is amended by the addition of the following language: Page 16 of 29 701.3 Type of construction. All buildings in the Town of Avon constructed after 1986 shall be considered to be of unusually tight construction and will draw all combustion air from the outside of the building. 15.16.080 Section 902—Masonry Fireplaces. Section 902, Masonry Fireplaces, is amended by to read as follows: 902.1—Definitions. EPA certified wood stove means a heating appliance that has been independently tested by an accredited laboratory to meet EPA-certified standards. A list of certified wood stoves is available on the EPA's website. Gas burning appliance means a fully self-contained, U.L. and A.G.A. listed fireplace unit which does not require venting through a masonry chimney, which has no damper, and which does not permit the use of solid fuel. Gas fireplace means a fireplace either manufactured as a finished unit or a true masonry fireplace fitted with an A.G.A. and/or U.L. listed gas log kit, has no damper and vents through an approved vent. Exception: The Building Official may approve a gas fireplace equipped with interlocked damper and gas valve. New technology wood stove means a solid-fuel-burning appliance capable of burning wood fuel which is certified by the EPA and listed in the Colorado Department of Public Health and Environment's web page under Air pollution control division, residential burning information. A new technology wood stove is one (1) which has been EPA-certified and meets the definition of EPA certified wood stove. A new technology wood stove-shall also include a pellet stove. Solid-fuel-burning device means any fireplace, stove, firebox or device intended and/or used for the purpose of burning wood, pulp, paper or other nonliquid or nongaseous fuel. This definition specifically excludes noncommercial barbeque devices used to cook food outdoors. 902.2 Fireplace accessories. Listed and labeled fireplace accessories shall be installed in accordance with the conditions of the listing and the manufacturer's instructions. Fireplace accessories shall comply with UL 907. 902.3 Regulations for fireplaces. One (1) New Technology wood stove shall be permitted in each dwelling unit constructed or the lobby of any hotel or lodge, provided that no new wood-burning or other solid fuel- burning fireplaces or other similar devices shall be permitted in dwelling units triplex and greater in size after the ordinance codified in this chapter becomes effective, except that properties with solid-fuel-burning devices in existence as of February 25, 2021 shall be permitted to be replaced with one (1) new technology wood stove. 902.4 Coal usage prohibited. The burning of coal within the Town is prohibited. 15.16.090 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2021 International Mechanical Code named in the title of this Chapter: It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this Chapter. 15.16.100 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2021 International Mechanical Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the Page 17 of 29 provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.16.110 Repeal. The repeal or the repeal and reenactment of any provision of the code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, or any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision, or any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.16.120 Validity. If any section, subsection, sentence, clause or phrase of the 2021 International Mechanical Code named in the title of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. CHAPTER 15.18 International Fuel Gas Code 15.18.010 Adoption. The Town adopts the 2021 International Fuel Gas Code and all appendix chapters thereto. The 2021 International Fuel Gas Code is published by the International Code Council, Inc., 500 New Jersey Avenue, N.W., 6th Floor, Washington, D.C. 20001. A copy of the 2021 International Fuel Gas Code is on file in the Town Clerk's office and is available for inspection during regular office hours. 15.18.020 Additions or modifications. The 2021 International Fuel Gas Code is amended and changed in Sections 15.18.030 through 15.18.060 of this Chapter. 15.18.030 Section 101—Scope and General Requirements Section 101.1, Title, is amended to read as follows: 101.1 Title. These regulations shall be known as the Avon Fuel Gas Code. 15.18.040 Section 109—Fees. Section 109.2, Schedule of permit fees, is amended by the addition of the following language: 106.9.2.1 Fees. All fees shall be as shown on the Town of Avon Fee Schedule A (adopted by resolution of the Town). 15.18.050 Section 304—Combustion, Ventilation and Dilution Air. Section 304.1, General, is amended by the addition of the following language: 304.1 General. New construction completed after 1986 shall be considered unusually tight construction as defined by this code. Page 18 of 29 15.18.060 Section 404—Piping System Installation. Section 404.7, Protection against physical damage, is amended by the addition of the following language: 404.7 Protection against physical damage. Aboveground gas meters, regulators and piping shall be protected from damage by ice or snow, and if exposed to vehicular damage due to the proximity to alleys, driveways or parking areas, shall be protected from such damage. 15.18.070 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2021 International Fuel Gas Code named in the title of this Chapter: It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town, or cause or permit the same to be done, contrary to or in violation of any of the adopted or modified provisions of any of the codes or standards named in the title of this Chapter. 15.18.080 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2021 International Fuel Gas Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.18.090 Repeal. The repeal or repeal and reenactment of any provision of the 2021 International Fuel Gas Code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, violation that occurred prior to the effective date hereof, any prosecution commenced, or any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.18.100 Validity. If any section, subsection, sentence, clause or phrase of the 2021 International Fuel Gas Code named in the title of this Chapter is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. CHAPTER 15.20 International Fire Code 15.20.010 Adoption. (a) The Town adopts, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, the certain standards known as the 2021 International Fire Code. (b) The 2021 International Fire Code is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478-5795. A copy of the 2021 International Fire Code is on file in the office of the Town Clerk and is available for inspection during regular business hours. Page 19 of 29 15.20.020 Additions or modifications. The 2021 International Fire Code is amended and changed as described in Sections 15.20.030 and 15.20.060. 15.20.030 Section 101—Scope and General Requirements. Section 101.1, Title, is amended to read as follows: 101.1 Title. These regulations shall be known as the Avon Fire Code. 15.20.040 Section 105—Permits. Section 105.1.1, Permits required, is amended to read as follows: 105.1.1 Permits required. Permits and inspections required by this code will be administered by and through the Eagle River Fire Protection District. Permit fees, if any, shall be paid to the Eagle River Fire Protection District prior to issuance of the permit. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire department or the fire code official. Contact the Eagle River Fire Protection District for permit and fee information. 15.20.050 Section 111—Means of Appeals. Section 111, Means of Appeals, is amended to read as follows: 111.1 Board of Appeals Established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official or designated representatives, relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall consist of the governing board of the Eagle River Fire Protection District plus a representative from the Town of Avon as appointed by the Avon Town Council. The fire code official shall be an ex officio member of said board but shall have no vote on any matter before the board. 111.1.1 Procedure for Appeals. An application for appeal shall be filed with the Town Clerk within twenty days after the date of the decision of the fire code official or designated representative. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder has been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed. The application must state the specific order, decision or determination being appealed and include documentation to support the appeal. The board shall render a decision within 30 days of receipt of the appeal. The decision of the board shall be by resolution and copies shall be furnished to the appellant and to the fire code official. The fire code official shall take immediate action in accordance with the decision of the board. 111.2 Limitations on Authority. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder has been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent method of protection or safety is proposed. The board shall have no authority to waive requirements of this code. 15.20.060 Section 202—General Definitions. Section 202, General Definitions, is amended by the addition of the following language: Fire Department. The Eagle River Fire Protection District is the designated fire department in the Town of Avon. 15.20.070 Eagle River Fire Protection District Amendments. The Eagle River Fire Protection District's Amendments to the 2021 International Fire Code are adopted as Schedule A to this Chapter. Page 20 of 29 15.20.080 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2021 International Fire Code named in the title of this Chapter: "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure and building service equipment, or maintain any building or structure in the Town of Avon or cause or permit the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this Chapter." 15.20.090 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2021 International Fire Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.20.100 Repeal. The repeal or the repeal and reenactment of any provision of the code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.20.110 Validity. If any section, subsection, sentence, clause or phrase of the 2021 International Fire Code named in the title of this Chapter, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. CHAPTER 15.22 International Swimming Pool and Spa Code 15.22.010 Adoption. The Town adopts the 2021 International Swimming Pool and Spa Code including all the appendices. The 2021 International Swimming Pool and Spa Code is published by the International Code Council (ICC) 4051 West Flossmoor Road, Country Club Hills, IL 60478. Copies of the 2021 International Swimming Pool and Spa Code are on file in the office of Community Development and are available for inspection during regular business hours. 15.22.020 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2021 International Swimming Pool and Spa Code named in the title of this Chapter: It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of the code or standards named in the title of this chapter. Page 21 of 29 15.22.030 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2021 International Swimming Pool and Spa Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.22.040 Validity. If any section, subsection, sentence, clause or phrase of the named in the title of this Chapter is for any reason held the 2021 International Swimming Pool and Spa Code to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared invalid. CHAPTER 15.25 International Wildland-Urban Interface Code 15.25.010 Adoption. The Town adopts the 2021 International Wildland-Urban Interface Code, Appendix A and Appendix B, except as amended in this Chapter. Only the appendices specifically listed herein are adopted. The 2021 International Wildland-Urban Interface Code is published by the International Code Council (ICC) 4051 West Flossmoor Road, Country Club Hills, IL 60478. Copies of the 2021 International Wildland-Urban Interface Code are on file in the office of Community Development and are available for inspection during regular business hours. 15.25.020 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2021 International Wildland-Urban Interface Code named in the title of this Chapter: It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of the code or standards named in the title of this Chapter. 15.25.030 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2021 International Wildland-Urban Interface Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.25.040 Validity. If any section, subsection, sentence, clause or phrase of the named in the title of this Chapter is for any reason held the 2021 International Wildland-Urban Interface Code to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared invalid. Page 22 of 29 CHAPTER 15.26 International Energy Conservation Code 15.26.010 Adoption. The Town adopts the 2021 International Energy Conservation Code, Appendix CB and Appendix RB, except as amended in this Chapter. Only the appendices specifically listed herein are adopted. The 2021 International Energy Conservation Code was published by the International Code Council, 500 New Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of the 2021 International Energy Conservation Code is on file in the Town Clerk's office and is available for inspection during regular office hours. 15.26.020 Additions or Modifications. The 2021 International Energy Conservation Code is amended and changed as described in Sections 15.26.030 and 15.26.050 of this Chapter. 15.26.030 Section C101 – Scope and General Requirements. Section 101.1, Title, is amended to read as follows: 101.1 Title. These regulations shall be known as the Avon Energy Conservation Code. 15.26.040 Section C403 Building Mechanical Systems. Section C403, Building Mechanical Systems, is amended by the addition of the following language: All gas fired burning equipment shall have a minimum efficiency of ninety-two percent (92%) AFUE. 15.26.050 More efficient furnace and boiler equipment for residential and commercial— Additions or modifications. Equipment sizing and efficiency rating (Mandatory). Heating and cooling equipment shall be sized in accordance with ACCA Manual S based on building loads calculated in accordance with ACCA Manual J or other approved heating and cooling calculation methodologies. New or replacement heating and cooling equipment shall have an efficiency rating equal to or greater than the minimum required by federal law for the geographic location where the equipment is installed. All Gas fired boilers and furnaces shall have a minimum efficiency of 92% AFUE. A condensate riser with a trap attached to the drain system must have neutralizer draining into the sanitary sewer system. 15.26.060 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2021 International Energy Conservation Code named in the title of this Chapter: It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of the code or standards named in the title of this chapter. 15.26.070 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2021 International Energy Conservation Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Page 23 of 29 15.26.080 Repeal. The repeal or the repeal and reenactment of any provision of the 2021 International Energy Conservation Code as provided in this Chapter shall not affect any right which has accrued, any duty imposed, violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.26.090 Validity. If any section, subsection, sentence, clause or phrase of the 2021 International Energy Conservation Code named in the title of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared invalid. CHAPTER 15.27 Exterior Energy Offset Program 15.27.010 Intent and Purpose. The purpose of the Exterior Energy Offset Program ("EEOP") Chapter is to encourage sustainable, energy efficient, exterior heating solutions that conserve energy and natural resources. 15.27.020 Applicability. The standards in this Chapter apply to all new residential R3 (single family, duplex, townhouse) and all new non-residential, mixed use, and/or multi-family exterior energy uses including but not limited to snowmelt, spas, and pools. The completed EEOP form must be submitted along with the subject building permit application. Mobile Home units that are approved by Colorado Department of Housing are exempt. 15.27.030 Fees and EEOP Fund Created. (a) EEOP considers exterior energy uses over a nominal amount as identified below. Fees are based on average British Thermal Units (BTUs) required for such amenities over a 20-year period in our climate. Fees are exempted if renewable energy system(s) pre-exist or are installed on-site prior to completion of the amenity which generate the equivalent of 50% of the energy needed for the exterior energy use. Any partial renewable offsets and/or energy efficiency rebates earned may be credited accordingly. System design, calculations, and field inspection are required and must be verified by the Building Official. (b) The following EEOP fees shall apply at the time of Building Permit: (1) Snowmelt over 200 square feet: $16.00 per square foot (2) Spa/hot tub over 64 square feet: $176.00 per square foot (3) Exterior pool: $136.00 per square foot For example, if 500 square feet of snowmelt was proposed on a residential property, where 200 is exempt, 300 x $16 per square foot = $4,800. (c) EEOP Fund Created (1) Fees collected at Building Permit are placed in the Town of Avon EEOP fund to create financial assistance, rebates, and incentives to promote energy efficient projects elsewhere within the Town of Avon. Page 24 of 29 (2) The EEOP Fund will be utilized as follows: The Town of Avon EEOP Fund will be managed by the Town Manager, or their designee and such designee may be determined by Resolution of the Town Council of Avon. Expenditures of EEOP funds shall be used for the following purposes: (a) To provide educational materials and outreach for Town of Avon residents, businesses, employees and building owners including but not necessarily limited to printed guides, efficient building educational events, a webpage with available resources, links, and information. (b) Planning, design and implementation of renewable energy generation projects. (c) Providing a community grant and/or rebate program for energy efficiency enhancements or renewable energy generation projects. (d) Funding other resources and administrative costs associated with green building and environmental sustainability oriented efforts. (e) Special consideration is given to projects that positively affect occupants of local affordable housing or low income residents in Town of Avon. 15.27.40 Severability Provision. Should any provision of the EEOP be declared by a court of competent jurisdiction in any final judgment to be invalid, unlawful or unenforceable for any reason, such offending provision shall be deemed deleted and the remaining provisions of such Code shall remain in full force and effect. CHAPTER 15.28 Electrical Vehicle Charging Standards 15.28.010 Intent and purpose. The purpose of the Electric Vehicle (EV) Charging Standards is to accommodate the growing need for electric vehicles. 15.28.020 Definitions. As used in this Chapter, the following terms shall have the meaning indicated: Electric Vehicle Supply Equipment (EVSE) Installed means the installation of a Level 2 EV charging station. EV Capable means the installation of electrical panel capacity with a dedicated branch circuit and a continuous raceway from the panel to the future EV parking spot(s). EV Ready means the installation of electrical panel capacity and raceway with conduit to terminate in a junction box or 240-volt charging outlet. Level 2 means an EVSE capable of charging at 30 amperes or higher at 208 or 240 VAC. An EVSE capable of simultaneously charging at 30 amperes for each of two vehicles shall be counted as two Level 2 EVSE. Level 3 means an EVSE with technology known as DC fast charging, charging through a 480V direct current plug. 15.28.030 Applicability. The standards in this Chapter apply to all new residential R3 (single family, duplex, townhouse) and all new non-residential, mixed use, and/or multi-family exterior energy uses. Page 25 of 29 15.28.040 Electric vehicle charging. The building shall be provided with electric vehicle charging in accordance with this section and the National Electrical Code. When parking spaces are added or modified without an increase in building size, only the new parking spaces are subject to this requirement (a) R3 occupancies. Structures shall be provided with EV charging in accordance with Table 1. Calculations for the number of spaces shall be rounded up to the nearest whole number. All Electric Vehicle Supply Equipment (EVSE) Installed, EV Ready and EV Capable Spaces are to be included in the calculation for the number of minimum vehicle spaces required, as provided by the applicable article of the Avon Development Code as amended below. Table 1. Residential EV Requirements Number of EV Capable Spaces Number of EVSE Ready Spaces Number of EVSE Installed Spaces 1 to 6 spaces None 1 None 7 or more spaces 15% of spaces 10% of spaces 5% of spaces (b) All non-residential and mixed-use occupancy groups. Structures shall be provided with EV charging in accordance with Table 2. Calculations for the number of spaces shall be rounded up to the nearest whole number. All EVSE Installed, EV Ready and EV Capable Spaces are to be included in the calculation for the number of minimum vehicle spaces required, as provided by the Avon Development Code. Table 2. Non-residential and Mixed-Use EV Requirements Number of EV Capable Spaces Number of EV Ready Spaces Number of EVSE Installed Spaces 1 space None 1 None 2 to 9 spaces None 1 1 10 or more spaces 15% of spaces 10% of spaces 5% of spaces Note: The number of electric vehicle supply equipment installed spaces may be reduced by up to five provided that the building includes not less than one parking space equipped with an EV Level III and not less than one electric vehicle ready space 15.28.050. Submittal requirements. Construction documents shall designate all EV capable spaces, EV ready spaces EVSE spaces, and EV supply equipment installed spaces, and indicate the locations of conduit, sizing, and termination points. The circuit breakers or circuit breaker spaces reserved for the EV capable spaces, EV ready spaces, and EV supply equipment installed spaces shall be clearly identified in the load center. The conduit for EV capable spaces shall be clearly identified at both the load center and the termination point at the parking space. 15.28.060. Accessible parking. Where new accessible parking is provided, at least one accessible parking space shall be EV installed. CHAPTER 15.30 Outdoor Lighting Standards 15.30.010 Intent and purpose. (a) The purpose of this Chapter is to reduce offensive lighting sources and reduce light trespass beyond property lines, including unnecessary upward lighting. The Town is experiencing a significant increase in the use of Page 26 of 29 exterior illumination. Town residents and guests value small town character and the qualities associated with this character, including the ability to view the stars against a dark sky. They recognize that inappropriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant conditions and limits their ability to enjoy the nighttime sky. (b) This Chapter is intended to help maintain the health, safety and welfare of the residents of the Town through the regulation of exterior lighting in order to: (1) Promote adequate light for safety and security; (2) Prevent inappropriate and poorly designed or installed outdoor lighting; (3) Reduce glare; (4) Reduce nighttime light pollution and protect and reclaim the ability to view the night sky by restricting the unnecessary upward projection of light; and (5) Phase out existing nonconforming fixtures that violate this Chapter, including those owned by the Town. 15.30.020 Definitions. For the purposes of this Chapter, the following definitions shall apply: Exterior lighting. Temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outdoors. Luminaires that are indoors that are intended to light something outside are considered exterior lighting. Fixture height. The vertical distance from the ground directly below the centerline of the fixture to the lowest direct light emitting part of the fixture. Full cut-off fixture. A fixture designed and installed where no direct light (as opposed to scattered light) is emitted at or above a horizontal plane running through the lowest point on the fixture. Fully shielded. The luminaire incorporates a solid opaque barrier (the shield), which permits no light to escape through the barrier. Glare. Stray, unshielded (including reflected) light striking the eye that may result in (a) nuisance or annoyance glare such as light shining into a window; (b) discomfort glare such as bright light causing squinting of the eyes; (c) disabling glare such as bright light reducing the ability of the eyes to see into shadows; or (d) reduction of visual performance. Holiday (seasonal) lighting. Temporary festive lighting intended to celebrate the winter season and the Thanksgiving, Christmas and New Year's holidays. Light pollution. Any manmade light that diminishes the ability to view the night sky. Light source. The source of the light emitted by the fixture. Also referred to as bulb. Light trespass. Light falling on the property of another or the public right-of-way when it is not required to do so. Page 27 of 29 Controlled source and good aiming prevent light trespass Light trespass from uncontrolled source 15.30.030 Applicability. The lighting standards of this Chapter shall be applicable to all exterior lighting within the Town. All exterior lighting installed after the effective date of the ordinance codified herein shall conform to the standards established by this Chapter. All existing lighting installed before the effective date of the ordinance codified herein shall conform with this Chapter. Ord. 04-19 §1) 15.30.040 General outdoor lighting standards. The following lighting standards shall apply to all properties located within municipal boundaries: (1) The style, color and design of the fixtures shall be compatible with the overall design concept and use of materials for the building and site area of the lighting plan. (2) All lighting shall be shielded such that the source of illumination (filament, frosted bulb or the reflection of those from a shiny surface) is not visible from the property line, thereby reducing glare and interference with boundary streets and adjacent properties. Light fixtures near adjacent property may require special shielding devices to prevent light trespass. (3) All lighting (including, but not limited to street, parking lot, security, walkway and building) shall conform with the definition for full cut-off fixtures with the light source downcast and fully shielded, with the following exceptions: a. For the Town Core, holiday lighting from November 15th to the closing date of Beaver Creek Ski Resort's winter ski season. For all other areas, holiday lighting from November 15th to March 1. No holiday lights shall be illuminated between the hours of midnight and 6:00 am. b. Sensor activated luminaries, provided that: Page 28 of 29 1. It is located in such a manner as to prevent glare and lighting onto properties of others or into the public right-of-way. 2. The luminaire is set to only go on when activated and to go off within five (5) minutes after activation has ceased. 3. The luminaire shall not be triggered by activity off the property. c. All temporary emergency lighting needed by the Fire and Police Departments, or other emergency agencies. d. Floodlights with external shielding can be deflected up to twenty-five (25) degrees from a vertical plane as measured through the central axis of the light beam from the luminaire, only if the luminaire does not cause glare or light to shine on adjacent property or public rights-of-way. Compliant floodlight angle e. Uplighting for flags, address markers, trees, architectural features and low-voltage landscape lighting, provided that the luminaire is located, aimed and shielded so that direct illumination is focused exclusively on the object and away from adjoining properties and the public street right- of-way. Architectural features may be illuminated by uplighting, provided that the light is effectively contained by the structure. In all cases, uplighting must not cause glare or light trespass. f. Luminaires (light fixtures) that have a maximum output of one thousand (1,000) lumens per fixture (equal to one [1] sixty-watt incandescent light), regardless of the number of lamps, provided: 1. The bulb of the fixture is not visible; 2. The fixture utilizes frosted, opalescent, clear or iridescent glass; 3. The fixture has an opaque top or is under an opaque portion of the building structure; 4. If the fixture utilizes clear glass, the output of the fixture must be shielded by the architecture of the structure; and 5. All fixtures must not cause glare or light trespass beyond the property. g. Temporary (two [2] days or less) high intensity discharge floodlighting may be used for sports lighting and Town-sponsored events, provided that the lighting be turned off no later than one (1) hour after the event is concluded. The fixtures must be aimed so that their beams are directed and fall within the primary playing or performance area. h. All permanent sports and event lighting shall be equipped with a glare-control package (louvers, shields or similar devices) and the fixtures must be aimed so that beams are directed and fall within the primary playing area and light trespass is minimized. Page 29 of 29 15.30.050 Lighting plan. (a) An outdoor lighting plan shall accompany all design and building permit applications and shall be submitted separately from other drawing information. All lighting plans (except single-family and duplex applications, whose lighting fixtures and locations are reviewed under the Design Review Guidelines) shall be subject to approval through the design review process by the Planning and Zoning Commission. A user's guide with examples of compliant light fixtures is available in the Community Development office. (b) Those projects not requiring design review by the Town shall be required to submit a lighting plan that conforms to the standards outlined herein at the time of building permit for new construction. The lighting plan and/or specifications shall show: (1) The type and luminous intensity of each light source and wattage (e.g., incandescent, halogen, high- pressure sodium); (2) The type of fixture (e.g., floodlight, full-cutoff, lantern, coach light); (3) Fixture location and height above all proposed and existing light fixtures; (4) Shielding and all mounting details; (5) Manufacturer cut-sheet and/or specification materials with scaled drawings or photographs including: initial lumen rating, color rendering index and wattage of each lamp; (6) Any other information deemed necessary by the Community Development Inspector to document compliance with the provisions of this Chapter. 15.30.060 Violations. (a) It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Chapter. If the Community Development Inspector finds that any provision of this Chapter is being violated, the Community Development Inspector shall give notice by certified mail, return receipt requested, of such violation to the owner and/or to the occupant of such premises, requesting that the violation be abated within thirty (30) days of the date of mailing of the notice. (b) The Community Development Department staff shall be available to assist in working with the violator to correct said violation. If the violation is not abated within the sixty-day period, the violator shall be punished by a fine of not more than one hundred dollars ($100.00) for each and every day during which the violation of any provision for any single fixture of this Chapter is committed, continued or permitted. (c) 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 of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.30.070 Figures and diagrams. The following figures illustrate examples of acceptable and unacceptable types of outdoor lighting fixtures. Note that even those types of fixtures shown as "acceptable" must be installed and aimed properly to comply with this Chapter. International Fire Code 2021 Amendments Chapter 1 – SCOPE AND ADMINISTRATION 101.1 Title. These regulations shall be known as the Fire Code of Eagle River Fire Protection District, hereinafter referred as “this code.” 102.7 Referenced codes and standards. The codes and standards referenced in this code shall be the most current published editions of those that are listed in Chapter 80, and such codes and standards shall be considered to be part of the requirements of this code to the prescribed extent of each such reference and as further regulated in sections 102.7.0 and 102.7.2. 106.1 Submittals. Construction documents and supporting data shall be submitted in two or more sets of hard copy or one set of portable data file (PDF) with each application for a permit and in such form and detail as required by the fire code official. Construction documents shall be prepared by a Colorado State registered design professional as required by the statutes of the jurisdiction in which the project is to be constructed. 107.4 Work commencing before permit issuance. No work shall commence prior to permit issuance without written authority by the code official. Any work authorized to begin prior to issuance of a permit does not negate the permit holder from meeting the regulations of this code. Work done prior to the issuance of a permit that does not meet the regulations of this code will be corrected at the permit holder’s expense. All approved permits are subject to field inspection and do not negate the permit holder’s requirement to meet the regulations. Deficiencies shall be corrected at the permit holder’s expense. Work performed prior to attaining a proper permit shall increase the permit fees by four times. 107.6 Refunds. ERFPD shall authorize the refunding of fees as follows: 1. The full amount of any fee paid hereunder which was erroneously paid or collected. 2. Not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this code. Not more than 80% of the plan review fee when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 3. The Fire Official shall not authorize the refunding of any fee paid, except upon written request filed by the original applicant not later than 180 days after the date of fee payment. 111.1.1 Procedures. To request a hearing before the board of appeals, the applicant shall file a request in writing to the fire chief. The fire chief shall arrange for the board of appeals to meet ATTACHMENT B - ERFPD AMENDMENTS within 10 working days of receipt of the request. All applicable fees as stated in the fire district fee schedule shall be paid at the time the written request is made. shall consist of members who are qualified by experience and training to deliberate on matters pertaining to the hazards of fire, explosions, hazardous conditions or fire protection systems. Chapter 2 – DEFINITIONS Fire Area. The aggregate floor area enclosed and bounded by fire walls meeting the requirements of the International Building Code and fire barriers, exterior walls or horizontal assemblies of a building. Areas of the building not provided with surrounding walls shall be included in the fire area if such areas are included within the horizontal projection of the roof or next floor above. For buildings constructed under the International Residential Code, the fire area is the aggregate floor area enclosed and bounded by exterior walls of a building. Chapter 3 – GENERAL REQUIREMENTS 308.1.4 Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet (3048 mm) of combustible construction. Exceptions: 3. LP-gas cooking devices having LP-gas container with a water capacity not greater than 48 pounds [nominal 20-pound (9.1kg) LP-gas capacity]. 308.1.5.1 Location near combustibles. Open flames such as from candles, lanterns, kerosene heaters, propane mushroom heaters, and gas fire heaters shall not be located on or near decorative material or combustible construction members. Exception: Use of propane powered heaters, kerosene heaters, and gas fire heaters shall not be used on R1 or R2 balconies with overhead ceiling or decking. 315.3 Storage in buildings. Storage of materials in buildings shall be orderly and stacks shall be stable. Storage of combustible materials shall be separated from heaters or heating devices by distance or shielding so that ignition cannot occur. Storage room doors shall be provided with approved signage. Chapter 5 – FIRE SERVIC E FEATURES 503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Eagle County Land Use Regulations (ECLUR) Article 4: Site Development Standards, Division 4-6: Improvement Standards, Section 4-620 Roadway Standards for all roadway and driveway access approvals. The ECLUR meets or exceeds the requirements of Sections 503.1.1 through 503.1.3. 503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with Eagle County Land Use Regulations (ECLUR) Article 4: Site Development Standards, Division 4-6: Improvement Standards, Section 4-620 Roadway Standards for all roadway and driveway access approvals. AASHTO HB-17. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges where required by the fire code official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces that are not designed for such use, approved barriers, approved signs or both shall be installed and maintained where required by the fire code official. 503.2.7 Grade. The grade of the fire apparatus access road shall be within Eagle County Land Use Regulations (ECLUR) Article 4: Site Development Standards, Division 4-6: Improvement Standards, Section 4-620 Roadway Standards for all roadway and driveway access approvals. 506.1 Key Boxes – A key box, known as a Knox Box, shall be installed in an approved location in all commercial and residential structures with a monitored fire alarm system that summons the fire department, where access to or within a structure or an area is restricted because of secured openings, or where immediate access is necessary for life-saving or fire-fighting purposes. The Knox Box shall be of an approved type listed in accordance with UL 1037 and shall contain keys to gain necessary access as required by the fire code official. Commercial structures shall have a Knox Box that holds no less than 50 keys unless a different size is authorized by the fire code official. 508.1 General. A Fire Command Center for fire department operations complies with Sections 508.1.1 through 508.1.6. shall be required in buildings, structures, or facilities that are more than 4 stories (including basements and underground garages) in height or are greater than 50,000 square feet (4645msq.) within surrounding exterior walls. 510.1 Emergency responder radio coverage in new buildings. Approved in-building, two-way emergency responder communication coverage for emergency responders shall be provided in all new buildings. In-building, two-way emergency responder communication coverage within the building shall be based on the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the interior of the building. This section shall not require improvement of the existing public safety communication systems. Chapter 6 – BUILDING SERVICE AND SYSTEMS 603.9 Gas & Utility meters. Above-ground gas & utility meters, regulators and piping subject to damage shall be protected by a barrier complying with Section 312 or otherwise protected in an approved manner. Gas & utility meters and piping shall be protected from snow & ice shedding from a roof area. Snow & ice build-up around gas & utility meters shall be kept clear at all times. Chapter 9 – FIRE PROTECRTION SYSTEMS 901.11 Responding to Nuisance Alarms. Nuisance alarms are defined as “an alarm caused by mechanical failure, malfunction, improper installation or lack of maintenance, or an alarm activated by a cause that cannot be determined.” Fire alarms that require emergency response that are caused by a system not being “offline” during repair, test, or inspection will fall under nuisance alarms. When two or more nuisance alarms from an occupancy occur within twelve months of each other, the property owner/manager may be fined. Fines are measured by response apparatus and human resources as defined in the District’s current Colorado Resource Rate Form (CRRF) plus actual personal costs- “ using a minimum of two hours 1st offense: 0 2nd offense: Actual CRRF rate for response. 3rd offense: Actual CRRF rate for response plus $200. 4th offense: Actual CRRF rate for response plus $400. 5th offense: Actual CRRF rate for response plus $800. Additional offenses will be billed at the 5th offense rate. Exceptions: The property owner/manager can provide documentation that the issue that caused the nuisance alarm is in the process of being repaired. 903.2.13 Buildings Constructed under the International Residential Code. An automatic sprinkler system installed in accordance with Section 903.3.1.3 shall be provided throughout all detached one and two-family dwellings and multiple single-family dwellings (townhouses), complying with the requirements of the International Residential Code, whose total aggregate fire area exceeds 6,000 square feet (557 square meters). The fire area shall be listed on site plan submittal. Exception: Unless otherwise required by more restrictive local codes, policies, amendments, ordinances or plat notes. 905.3.1 Height. Class I standpipe systems shall be installed throughout buildings where the following conditions exist: 905.3.1.1 Building Area. In buildings exceeding 10,000 sq. ft. (929 sq. m.) within surrounding exterior walls, an approved Class I standpipe system shall be provided where any portion of the building’s interior is more than 150 feet (46 m) of travel, vertically and/or horizontally, from the nearest point of fire department access. Location of standpipes shall be approved by fire code official. 907.2 Where required-new buildings and structures. An approved fire alarm system installed in accordance with the provisions of this code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.23 and provide occupant notification in accordance with Section 907.5, unless other requirements are provided by another section of this code. One manual fire alarm box shall be provided at all designated exits in an approved location to initiate a fire alarm signal for fire alarm systems employing automatic fire detectors or waterflow detection devices. Where other sections of this code allow elimination of fire alarm boxes due to sprinklers, fire alarm boxes shall be installed at all designated exits. Exceptions: The manual fire alarm box is not required for fire alarm systems dedicated to elevator recall control and supervisory service. 907.6.6 Monitoring. Fire protection systems required by this chapter or by the International Building Code shall be monitored by an approved supervising station in accordance with NFPA 72. Exception: Monitoring by a supervising station is not required for: 1. Single- and multiple-station smoke alarms required by section 907.2.11 2. Smoke detectors in Group I-3 occupancies. 912.2.2 Existing buildings. On existing buildings, the fire department connection shall be indicated by an approved sign mounted on the street front or on the side of the building. Such sign shall have the letters “FDC” not less than 6 inches (152 mm) high and words in letters not less than 2 inches (51 mm) high or an arrow to indicate the location. Such signs shall be subject to the approval of the fire code official. 912.5 Signs. A metal sign with raised letters not less than 1 inch (25 mm) in size shall be mounted on all fire department connections serving automatic sprinklers, standpipes or fire pump connections. Such signs shall read: AUTOMATIC SPRINKLERS or STANDPIPES or TEST CONNECTION or a combination thereof as applicable. Where the fire department connection does not serve the entire building, a sign shall be provided indicating the portions of the building served. 912.5.1 Additional signs for FDC. The fire department connection shall be indicated by an approved sign mounted on the street front or on the side of the building. Such sign shall have the letters “FDC” not less than 6 inches (152 mm) high and words in letters not less than 2 inches (51 mm) high or an arrow to indicate the location. Such signs shall be subject to the approval of the fire code official. Chapter 39 - TENTS, TEMPORARY SPECIALEVENT STRUCTURES AND OTHER MEMBRANE STRUCTURES 3103.2 Approval required. Tents and membrane structures having an area in excess of 400 square feet (37 m2) shall not be erected, operated or maintained for any purpose without first obtaining a permit and approval from the fire code official. Exceptions: 1. Tents used exclusively for recreational camping purposes. 2. Tents open on all sides that comply with all of the following: 2.1. Individual tents shall have a maximum size 400 square feet. 2.2. The aggregate area of multiple tents placed side by side without a fire break clearance of not less than 12 feet (3658mm) shall not exceed 400 square feet NFPA Amendment Chapter 6, 13D 2019 6.2.2 Water Supply Sources. Exceptions: Add (4) Water supply sources that require a tank and pump shall be provided with a fire department connection (FDC) in a location approved by authority having jurisdiction. Chapter 8, 13D 2019 8.1.1.3 Number of Design Sprinklers Add The number of design sprinklers shall include all sprinklers within a compartment, up to a maximum of two sprinklers, under a flat, smooth, horizontal ceiling. In occupancies with sloped, beamed, or pitched ceilings over 10 feet, the system shall be calculated with three or more heads operation at manufacturers specifications. Structures with greater than 3,500 square feet of fire area shall be calculated with a minimum of three heads operating. 8.3.4 Location of Sprinklers Amend Sprinklers shall be installed in residential garages. Sprinklers are not required in open attached porches, carports, and similar structures. . 8.3.5 Location of Sprinklers Amend Crawl spaces or attics with fuel burning appliances shall be protected with residential sprinklers and ceilings shall be fire rated. Attics with pull down ladders shall be protected with residential sprinklers. Page 1 of 5 TO: Honorable Mayor Smith Hymes and Council members FROM: Finance Director Scott Wright RE: Ordinance 22-17 DATE: Oct 17, 2022 SUMMARY: Ordinance 22-17 repeals and re-enacts Chapter 3.08 of the Avon Municipal Code, referred to here as the “Sales Tax Code.” This Chapter has not been updated for decades. Ordinance 22-17 presents a substantial re-working of these 49 provisions by deleting repetitive or contradictory provisions; reordering provisions; clarifying taxable transactions; adding, deleting, and modifying definitions; and bringing provisions into line with state statutes. Two documents are attached: ATTACHMENT A, which is the proposed ordinance, including the entire Chapter 3.08 as re-enacted, attached as Appendix I to the Ordinance. ATTACHMENT B is a COMPARISION document showing all the proposed changes to the existing Chapter 3.08. This report does not address every change in Chapter 3.08, some of which are merely grammatical or otherwise minor in nature. In this report, “buyer” may be used for purchaser, consumer, or customer; “seller” may be used for retailer or vendor; and “taxpayer” may apply to both (buyer and seller). The proposed code changes are drawn from an extensive review of other municipal codes, state sales tax practices, and Colorado Municipal League notices. BACKGROUND: Avon first codified its sales tax in 1978. It has amended those provisions 12 times since – five times in the 1980’s, twice in the 1990’s, and annually from 2016 through 2020. These additions have created an occasionally disjointed statement of the Town’s sales tax provisions. The last substantial review was in 1993. Today’s overhaul is intended to bring the Code current with tax practices across the state, improve administrative efficiency, and ease customer understanding. CML has twice offered up standard definitions, designed to create consistency and uniformity among the 70 home-rule, self-collecting municipalities. The first set was in 2016. A second more limited set was made available in 2020, designed to address the new economic nexus basis for taxation generated by the Wayfair decision. Avon adopted some, but not all, of the 107 definitions in 2016. It adopted all the language recommended in 2020. Today’s ordinance incorporates definitions only as needed for Avon’s tax regime. ANALYSIS: Ordinance 22-17 does not implicate the 1992 Taxpayer Bill of Rights Amendment (“TABOR”) as it does not add a new tax. Town Council has had authority to impose sales taxes since the Town was chartered in 1978. The Prefatory Synopsis clarifies that “The Council has the authority to establish a Town sales tax not to exceed four per cent (4%) by council ordinance alone.” All changes proposed in the attached ordinance fall within that general grant of authority, and none represent a new tax or tax policy change directly causing a net tax revenue gain for Avon. CODE AMENDMENTS: Individual changes include the following: 1. Section 3.08.010 - Definitions • Additions. Added are the terms “digital product,” “linen services,” and “photovoltaic system.” Each of these is part of standard definitions recommended in 2016 by the Colorado Municipal League to Page 2 of 5 simplify the statewide sales tax system in Colorado, which includes 70 self-collecting home-rule authorities. Also added is a Town-only definition of the word “day” to clarify that deadlines implicate calendar days and a definition for “digital code.” • Deletions. Deleted are the terms “food for home consumption,” “recreation services,” and “television and entertainment services.” These terms are deleted because they do not appear elsewhere in the Tax Code and are not taxable, so their definitions are not needed. • Modifications. The definition of “engaged in business in the Town” is modified to include an in-state retailer who either (1) makes more than a single delivery into Avon within a 12-month period or (2) makes a single delivery of more than $10,000 worth of product or services at any time. This is the CML standardized definition modified to include a single large seller. Adding a single large seller will improve Avon’s chances of collecting sales tax on construction materials. 2. Section 3.08.020 – Taxable items The ordinance replaces VCR and cassette tape with DVD rentals, instead. The rules controlling “marketplace sales” are relocated to 3.08.280 since they don’t identify taxable “items” but identify instead who must collect tax on certain transactions. The standardized language was recommended in 2020 by CML and remains unchanged in the Code. 3. Section 3.08.030 – Sales tax levy The tax rate of 4% is unchanged. Subsection (c) is amended to clarify that vending machines sales and alcohol sold by the drink are excluded from the requirement that retailers must express tax as a separate cost to the consumer. A new subsection (e) is added to clarify that both retailer and purchaser may be responsible for payment of the tax. A new subsection (f) is added to clarify the taxability of certain types of recurring transactions. 4. Section 3.08.035 - The Village (at Avon) Tax Credit The section heading and language changes are intended to improve ease of understanding and make no change to the sales tax credit required by this section. The amendment clarifies the document from which the Retail Sales Fee is drawn, namely the VAA Development Agreement as recorded on August 1, 2014. 5. Section 3.08.040 – Place of sale – Destination sourcing This section clarifies how sales are sited. Paragraphs (a)-(c) track sourcing rules used by the state. Paragraph (d) adapts these sourcing rules to digital product and code. 6. Section 3.08.050 – Exempt items Page 3 of 5 Definitionally an item “exempted” from a sales tax is one that, but for the exemption, would otherwise be taxed. Nowhere in Avon’s Sales Tax Code does the Town indicate an intention to tax cable television services. Accordingly, such services cannot be “exempt” from tax – they are simply non-taxable. Including them in the list of exempt items is misleading so that “sales of cable television services” is deleted from the list of Exempt items.1 To be clear, this deletion will NOT create a tax on cable television services which non-taxability remains unchanged. 7. Section 3.08.070 – Burden of proving exemptions – disputes This section clarifies that exemption disputes are handled under a new Code section 3.08.160, describing the Town’s process for considering refunds. 8. Section 3.08.090 – Sales Tax License This section is modified to include a procedure by which the Town can suspend or revoke a sales tax license. 9. Section 3.08.150 - Examination of returns-refunds-deficiencies-notice of protest Paragraph(b) is revised to clarify what happens when a taxpayer overpays taxes; paragraph (c) clarifies what happens when a taxpayer underpays taxes. Paragraph (d) clarifies that a taxpayer has 30 days to protest an assessment, and that protests and appeals are controlled by § 29-2-106.1, Colorado Revised Statutes. The state legislature has declared tax appeals to be a matter of statewide concern so that municipalities must comply with procedures set out by statute, which this revised provision now does. Paragraph (e) clarifies that appeal bonds are also controlled by state statute. 10. Section 3.08.160 – Refunds-procedure; taxes paid under protest or by mistake. This is new language, added to clarify the Town’s process for considering and refunding taxes paid in error. It consolidates language currently set out at Sections 3.08.250 and 3.08.340. The process for protesting a refund denial is controlled by state statute as clarified at paragraph (d). 11. Section 3.08.170 – Refund not assignable; vendor may file claim This section relocates language and adds a provision authorizing vendors to claim refunds on behalf of buyers - but only if the vendor first establishes the buyers right to a refund and that the vendor will pay the refund to the buyer. 12. Section 3.08.180 – Penalty and interest on late returns and tax deficiencies 1 It is clear from the minutes of the November 12, 1982, Council meeting that cable tv service sales were added to the list simply to clarify the Town’s intention not to include them as a taxable service. This appears to have been more of a public relations move than a legal one. Page 4 of 5 Paragraphs (a) and (b) clarify penalty and interest charged on late returns (delinquency) and underpaid taxes (deficiency) due to negligence. Paragraph (c) clarifies penalty and interest imposed on fraudulent failures to pay taxes. 13. Section 3.08.190 – Estimated taxes and assessment thereof This section is relocated from currently published Section 3.08.210 to put it closer to related provisions. It clarifies the assessment process undertaken when a Taxpayer fails to file a return. 14. Section 3.08.200 – Jeopardy assessment This new section authorizes the Director to make an immediate assessment of tax owed if collection is likely to be jeopardized by delay. This is a standard provision in tax codes, designed to permit the taxing authority to protect its right to collect taxes in risky situations. 15. Section 3.08.250 – Sales tax information confidential These provisions are expanded to clarify that Town employees or agents may review tax returns if needed for their job, including an outside auditor, and that tax return data may be used by third parties in economic and fiscal analyses, providing that confidentiality is preserved. 16. Section 3.08.260 – Violations and judicial enforcement This section clarifies that it is a violation for a purchaser not to pay and for a retailer not to collect sales tax owed, which violation may be charged into Avon’s Municipal Court. 17. Section 3.08.270 – Retailer’s liability for payment; taxes held in trust This new section clarifies that sales tax collected by a retailer are held in trust on behalf of the Town; that every retailer engaged in business here is liable for sales tax owed on a transaction; that standard limitation periods do not apply to tax funds held in trust for the Town; and that bankruptcy will not excuse funds held in trust. 18. Section 3.08.290 – Unpaid tax a prior lien; enforcement This section details the Town’s liening process and expands Town authority to lien real as well as personal property to secure unpaid taxes. Most communities2 authorize liens upon real as well as personal property of delinquent taxpayers. This enforcement process is changed from mandatory to discretionary. 19. Section 3.08.300 – Collection by distraint This section details the Town’s process of seizing and selling personal property to recover unpaid sales tax. This is a standard enforcement authority, and the expanded language here tracks that that used in other codes.3 This enforcement process is changed from mandatory to discretionary. 2 For example, Aspen, Arvada, Breckenridge, Centennial, Colorado Springs, Golden, Grand Junction, and Silverthorne all authorize sales tax liens on real property. 3 Taken from Centennial Code. Page 5 of 5 20. Section 3.08.310 – Director’s remedies This section lists enforcement actions available to the Finance Director. 21. Section 3.08.330 - Notices sent by mail Language is added authorizing email as an acceptable form of notice delivery. 22. Section 3.08.350 – Administration; promulgation of rules This creates a new authority in the Finance Director to promulgate rules needed to administer sales taxes. It permits the Director to create rules which, if promulgated by the process set out here, would operate with the same force of law as a Code provision. The process requires the Director to (1) submit the proposed rule to the Town Attorney for review; (2) notify the Town Council of the rule, which notice shall be read or acknowledged at the next Council meeting, and which notice must contain specified information; and (3) publish the proposed rule or regulation on the Town’s website for at least 60 days before it becomes effective. No Council action is required to make this rule or regulation enforceable. Denver employs this type of promulgation system. It is intended here to assist the Director in improving sales tax enforcement, especially related to construction work. 23. Section 3.08.380 – Sales tax-collection-limitation of actions This section is amended to remove the negotiated waiver of limitation, which can lead to waiver dispute. The limitation period is, instead, automatically tolled (paused) upon written notice of an audit. FINANCIAL CONSIDERATIONS: The proposed amendments create no cost to the Town and may improve sales tax compliance and enforcement by virtue of an easier-to-understand set of tax code provisions. RECOMMENDATION: Staff recommends adoption of Ordinance 22-17. PROPOSED MOTION: “I move to approve on First Reading of Ordinance 22-17 Repealing and Re- enacting Chapter 3.08 of the Municipal Code regarding application of sales tax provisions within the Town of Avon.” Thank you, Scott ATTACHMENT A: Ordinance 22-17, including Appendix I. ATTACHMENT B: Chapter 3.08 red-lined to indicate changes. Ord. 22-17 Amending Sales Tax Code provisions – first reading [__/__/2022] Page 1 of 4 ORDINANCE NO. 22-17 REPEALING AND REENACTING CHAPTER 3.08 – SALES TAX OF THE AVON MUNICIPAL CODE 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, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town, the Avon Town Council (“Council”) has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, pursuant to Article XX, Section 6 of the Colorado Constitution, the right to enact, administer and enforce sales taxes is clearly within the constitutional grant of power to the Town and is necessary to raise revenue with which to conduct the affairs and render the services performed by the Town; and WHEREAS, pursuant to such authority, the Town has adopted and enacted a Sales Tax Code, under which Town sales tax is levied on sales and purchases of tangible personal property or taxable services at retail; and WHEREAS, the individual Sales Tax Code provisions, as set out in Chapter 3.08 of the Avon Municipal Code, have not been reviewed and updated as a whole for many years; and WHEREAS, a clear and coherent set of tax provisions are beneficial to both retailers and consumers alike, and will contribute to administrative efficiency; and WHEREAS, the delivery of tangible personal property, products, or services into Avon relies on local transportation systems, emergency and police services, waste disposal, utilities and other infrastructure and services, the cost of which is defrayed by sales tax; and WHEREAS, Council finds that repeal and re-enactment of Chapter 3.08 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 Council desires to comply with the requirements of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing to provide the public an opportunity to present testimony and ATTACHMENT A Ord. 22-17 Amending Sales Tax Code provisions – first reading [__/__/2022] Page 2 of 4 evidence and that approval of this Ordinance on first reading does not constitute a representation that the Council, or any member of the 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: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Council. Section 2. Repealed and Reenacted. Avon Municipal Code Sections 3.08.010 through and including 3.08.410, are hereby repealed and reenacted in their entirety to read as set forth in the attached Appendix 1, with strike out indicating language to be deleted and underline indicating language to be adopted. Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty (30) 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 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. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or ATTACHMENT A Ord. 22-17 Amending Sales Tax Code provisions – first reading [__/__/2022] Page 3 of 4 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 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [SIGNATURE PAGE FOLLOWS] ATTACHMENT A Ord. 22-17 Amending Sales Tax Code provisions – first reading [__/__/2022] Page 4 of 4 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on ______ 2022 and setting such public hearing for __________ 2022 at the Council Chambers of the Avon Municipal Building, located at 100 Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ___________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ADOPTED ON SECOND AND FINAL READING on _______ 2022 BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Karl Hanlon, Town Attorney ATTACHMENT A 1 CHAPTER 3.08 - Sales Tax 3.08.010 - Words and phrases defined. The following words and phrases as used in this Chapter shall have the following meaning unless from the context it clearly appears that a different meaning is indicated: Auction means any sale where tangible personal property is sold by an auctioneer who is either the agent for the owner of such property or is in fact the owner thereof. Automotive vehicle means any vehicle or device in, upon or by which any person or property is or may be transported or drawn upon a public highway, or any device used or designed for aviation or flight in the air. Automotive vehicle includes, but is not limited to, motor vehicles, trailers, semi-trailers or mobile homes. Automotive vehicle shall not include devices moved by human power or used exclusively upon stationary rails or tracks. Business means all activities engaged in or caused to be engaged in with the object of gain, benefit or advantage, direct or indirect. Carrier access services means the services furnished by a local exchange company to its customers who provide telecommunications services which allow them to provide such telecommunications services. Charitable organization means any entity which has been certified as a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code. City or Town means the municipality of Avon. Coin-operated device means any device operated by coins or currency or any substitute therefor. Collection costs shall include, but is not limited to, all costs of audit, assessment, bank fees, hearings, execution, lien filing, distraint, litigation, locksmith fees, auction fees and costs, prosecution and attorney fees. Commercial packaging materials means containers, labels, and/or cases, that become part of the finished product to the purchaser, used by or sold to a person engaged in manufacturing, compounding, wholesaling, jobbing, retailing, packaging, distributing or bottling for sale, profit or use, and is not returnable to said person for reuse. Commercial packaging materials does not include commercial shipping materials. Commercial shipping materials means materials that do not become part of the finished product to the purchaser, which are used exclusively in the shipping process. Commercial shipping materials include but are not limited to containers, labels, pallets, banding material and fasteners, shipping cases, shrink wrap, bubble wrap or other forms of binding, padding or protection. Construction equipment means any equipment, including mobile machinery and mobile equipment, which is used to erect, install, alter, demolish, repair, remodel, or otherwise make improvements to any real property, building, structure, or infrastructure. Construction materials means tangible personal property which, when combined with other tangible personal property, loses its identity to become an integral and inseparable part of a completed structure or project including public and private improvements. Construction materials include, but are not limited to, such things as: asphalt, bricks, builders' hardware, APPENDIX I TO ATTACHMENT A 2 caulking material, cement, concrete, conduit, electric wiring and connections, fireplace inserts, electrical heating and cooling equipment, flooring, glass, gravel, insulation, lath, lead, lime, lumber, macadam, millwork, mortar, oil, paint, piping, pipe valves and pipe fittings, plaster, plumbing fixtures, putty, reinforcing mesh, road base, roofing, sand, sanitary sewer pipe, sheet metal, site lighting, steel, stone, stucco, tile, trees, shrubs and other landscaping materials, wall board, wall coping, wall paper, weather stripping, wire netting and screen, water mains and meters and wood preserver. The above materials, when used for forms or other items that do not remain as an integral and inseparable part of a completed structure or project, are not construction materials. Consumer means any person in the Town who purchases, uses, stores, distributes, or otherwise consumes tangible personal property or taxable services, purchased from sources inside or outside the Town. Contractor means any person who shall build, construct, reconstruct, alter, expand, modify, or improve any building, dwelling, structure, infrastructure, or other improvement to real property for another party pursuant to an agreement. For purposes of this definition, Contractor also includes subcontractor. Cover charge means a charge paid to a club or similar entertainment establishment which may, or may not, entitle the patron paying such charge to receive tangible personal property, such as food and/or beverages. Day means calendar day unless otherwise specified. Digital code means code that provides a buyer with a right to obtain one or more digital product. It may be obtained by any means, including in tangible form such as a card or on-line, such as through electronic mail or messaging. Digital product means an electronic product including, but not limited to: a. “Digital images,” which means works that include, but are not limited to, those generally recognized in the ordinary and usual sense as “photographs,” logos,” cartoons,” or drawings.” b. “Digital audio-visual works,” which means a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any. c. “Digital audio works,” which means works that result from the fixation of a series of musical, spoken or other sounds, including ringtones. For purposes of the definition of “digital audio works”, “ringtones” means digitized sound files that are downloaded onto a device and that may be used to alert the customer with respect to a communication. d. “Digital books,” which means works that are generally recognized in the ordinary and usual sense as “books.” Distribution means the act of distributing any article of tangible personal property for use or consumption, which may include, but not be limited to, the distribution of advertising gifts, shoppers’ guides, catalogs, directories, or other property given as prizes, premiums, or for goodwill or in conjunction with the sales of other commodities or services. APPENDIX I TO ATTACHMENT A 3 Economic nexus means the connection between the Town and a person not having a physical nexus with the State of Colorado, which connection is established when the person or marketplace facilitator makes retail sales into the Town, and: a. In the previous calendar year, the person, which includes a marketplace facilitator, has made retail sales into the state exceeding the amount specified in C.R.S. § 39-26-102(3)(c); or b. In the current calendar year, ninety (90) days has passed following the month in which the person, which includes a marketplace facilitator, has made retail sales into the state exceeding the amount specified in C.R.S. § 39-26-102(3)(c). This definition does not apply to any person who is doing business in this state but otherwise applies to any other person. Engaged in business in the Town means performing or providing services or selling, leasing, renting, delivering, or installing tangible personal property, products, or services for storage, use or consumption within the Town. Engaged in business in the Town includes, but is not limited to, any one (1) of the following activities by a person: a. Directly, indirectly or by a subsidiary maintains a building, store, office, salesroom, warehouse or other place of business within the Town of Avon; b. Sends one (1) or more employees, agents or commissioned salespersons into the Town of Avon to solicit business or to install, assemble, repair, service, or assist in the use of its products, or for demonstration or other reasons; c. Maintains one (1) or more employees, agents or commissioned salespersons on duty at a location within the Town of Avon; d. Owns, leases, rents, or otherwise exercises control over real or personal property within the Town of Avon; e. A retailer who is physically present in Colorado but not in the Town of Avon and who, within any twelve-month period, makes more than one (1) retail-sale delivery into the Town by any means including common carrier or makes a single sale of at least $10,000 in the Town, delivered by any means including common carrier; orf. Makes retail sales sufficient to meet the definitional requirements of economic nexus as set forth in this section. Finance Director, Director of Finance, or Director means the Finance Director of Avon or such other person designated by the municipality; Finance Director shall also include such person's designee. Gross sales means the total amount received in money, credit, property or other consideration valued in money for all sales, leases or rentals of tangible personal property or services. Internet access services means services that provide or enable computer access by multiple users to the Internet but shall not include that portion of packaged or bundled services providing phone or television cable services when the package or bundle includes the sale of Internet access services. Internet subscription services means software programs, systems, data, and applications available online through rental, lease, or subscription, that provide information and services including, but not limited to, data linking, data research, data analysis, data filtering, or record compiling. License means an Avon sales tax license. APPENDIX I TO ATTACHMENT A 4 Linen services means services involving the provision and cleaning of linens, including but not limited to rags, uniforms, coveralls, and diapers. Lodging services means the furnishing of rooms or accommodations by any person, partnership, association, corporation, estate, representative capacity or any other combination of individuals by whatever name known, to a person who for a consideration uses, possesses or has the right to use or possess any room in a hotel, inn, bed and breakfast, condominium unit, timeshare unit, residence apartment hotel, lodging house, motor hotel, guesthouse, guest ranch, trailer coach, mobile home, auto camp, trailer court and park or similar establishment, for a period of fewer than thirty (30) days under any concession, permit, right of access, license to use, other agreement or otherwise. Machinery means any apparatus consisting of interrelated parts used to produce an article of tangible personal property. The term includes both the basic unit and any adjunct or attachment necessary for the basic unit to accomplish its intended function. Manufacturing means the operation and performance of an integrated series of operations which places a product, article, substance, commodity, or other tangible personal property in a form, composition or character different from that in which it was acquired whether for sale or for use by a manufacturer. The change in form, composition or character must result in a different product having a distinctive name, character or use from the raw or prepared materials. Marketplace means a physical or electronic forum, including, but not limited to, a store, a booth, an internet website, a catalog, or a dedicated sales software application, where tangible personal property, taxable products, or taxable services are offered for sale. Marketplace facilitator: a. Means a person who: (1) Contracts with a marketplace seller or multichannel seller to facilitate for consideration, regardless of whether or not the consideration is deducted as fees from the transaction, the sale of the marketplace seller's tangible personal property, products, or services through the person's marketplace; (2) Engages directly or indirectly, through one (1) or more affiliated persons, in transmitting or otherwise communicating the offer or acceptance between a purchaser and the marketplace seller or multichannel seller; and (3) Either directly or indirectly, through agreements or arrangements with third parties, collects payment from the purchaser on behalf of the seller. b. Marketplace facilitator does not include a person that exclusively provides internet advertising services or lists products for sale, and that does not otherwise meet this definition. Marketplace seller means a person, regardless of whether or not the person is engaged in business in the Town, which has an agreement with a marketplace facilitator and offers for sale tangible personal property, products, or services through a marketplace owned, operated, or controlled by a marketplace facilitator. Medical supplies means prescription drugs for humans, prosthetic medical and dental appliances for humans and special beds for human patients with neuromuscular or similar debilitating APPENDIX I TO ATTACHMENT A 5 ailments, when sold for the direct, personal use of a specific individual in accordance with a prescription or other written directive issued by a licensed practitioner of medicine, dentistry or podiatry; corrective eyeglass lenses (including eyeglass frames), and corrective contact lenses, when sold for the direct, personal use of a specific individual in accordance with a prescription or other written directive issued by a licensed practitioner of medicine or optometry; wheelchairs and crutches, when sold for the direct, personal use of a specific individual; oxygen and hemodialysis products for use by a medical patient, hearing aids, hearing aid batteries, insulin, insulin-measuring and -injecting devices, glucose to be used for treatment of insulin reactions and human whole blood, plasma, blood products and derivatives. This exemption excludes items purchased for use by medical and dental practitioners or medical facilities in providing their services, even though certain of those items may be packaged for single use by individual patients after which the item would be discarded. Mobile machinery and self-propelled construction equipment means those vehicles, self- propelled or otherwise, which are not designed primarily for the transportation of persons or cargo over the public highways, and those motor vehicles which may have originally been designed for the transportation of persons or cargo over the public highways, and those motor vehicles which may have originally been designed for the transportation of persons or cargo but which have been redesigned or modified by the mounting thereon of special equipment or machinery, and which may be only incidentally operated or moved over the public highways. This definition includes but is not limited to wheeled vehicles commonly used in the construction, maintenance and repair of roadways, the drilling of wells and the digging of ditches. Multichannel seller means a retailer that offers for sale tangible personal property, commodities, or services through a marketplace owned, operated, or controlled by a marketplace facilitator, and through other means. Newspaper means a publication, printed on newsprint, intended for general circulation and published regularly at short intervals, containing information and editorials on current events and news of general interest. The term newspaper does not include magazines, trade publications or journals, credit bulletins, advertising inserts, circulars, directories, maps, racing programs, reprints, newspaper clipping and mailing services or listings, publications that include an updating or revision service or books or pocket editions of books. Person means any individual, firm, partnership, joint venture, corporation, limited liability company, estate or trust, receiver, trustee, assignee, lessee or any person acting in a fiduciary or representative capacity, whether appointed by court or otherwise, or any group or combination acting as a unit. Photovoltaic System means a power system designed to supply usable solar power by means of photovoltaics, a method of converting solar energy into direct current electricity using semiconducting materials that create voltage or electric current in a material upon exposure to light. It consists of an arrangement of several components, including solar panels to absorb and convert sunlight into electricity, a solar inverter to change the electric current from DC to AC, as well as mounting, cabling, metering systems and other electrical accessories to set up a working system. APPENDIX I TO ATTACHMENT A 6 Prescription drugs for animals means a drug which, prior to being dispensed or delivered, is required by the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sect. 301, et. seq. as amended, to state at a minimum the symbol "Rx Only" and is dispensed in accordance with any order in writing, dated and signed by a licensed veterinarian specifying the animal for which the medicine or drug is offered and directions, if any, to be placed on the label. Prescription drugs for humans means a drug which, prior to being dispensed or delivered, is required by the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sect. 301, et. seq., as amended, to state at a minimum the symbol "Rx Only", and is dispensed in accordance with any written or electronic order dated and signed by a licensed practitioner of the healing arts, or given orally by a practitioner and immediately reduced to writing by the pharmacist, assistant pharmacist, or pharmacy intern, specifying the name and any required information of the patient for whom the medicine, drug or poison is offered and directions, if any, to be placed on the label. Price or purchase price means the aggregate value measured in currency paid or delivered or promised to be paid or delivered in consummation of a sale, without any discount from the price, on account of the cost of the materials uses, labor or service cost, and exclusive of any direct tax imposed by the federal government or by this Chapter, and, in the case of all retail sales involving the exchange of property, also exclusive of the fair market value of the property exchanged at the same time and place of the exchange, if: a. Such exchanged property is to be sold thereafter in the usual course of the retailer's business, or b. Such exchanged property is a vehicle and is exchanged for another vehicle and both vehicles are subject to licensing, registration, or certification under the laws of this State, including, but not limited to, vehicles operating upon public highways, off- highway recreation vehicles, watercraft, and aircraft. Any money or other consideration paid over and above the value of the exchanged property is subject to tax. Price or purchase price includes: a. The amount of money received or due in cash and credits; b. Property at fair market value taken in exchange but not for resale in the usual course of the retailer's business; c. Any consideration valued in money, whereby the manufacturer or someone else reimburses the retailer for part of the purchase price and other media of exchange; d. The total price charged on credit sales including finance charges which are not separately stated at the time of sale. An amount charged as interest on the unpaid balance of the purchase price is not part of the purchase price unless the amount added to the purchase price is included in the principal amount of a promissory note; except, the interest or carrying charge set out separately from the unpaid balance of the purchase price on the face of the note is not part of the purchase price. An amount charged for insurance on the property sold and separately stated at the time of sale is not part of the purchase price; e. Installation, applying, remodeling or repairing the property, delivery and wheeling- in charges included in the purchase price and not separately stated; APPENDIX I TO ATTACHMENT A 7 f. Transportation and other charges to effect delivery of tangible personal property to the purchaser; g. Indirect federal manufacturers' excise taxes, such as taxes on automobiles, tires and floor stock; h. The gross purchase price of articles sold after manufacturing or after having been made to order, including the gross value of all the materials used, labor and service performed and the profit thereon. Price or purchase price shall not include: a. Any sales or use tax imposed by the State or by any political subdivision thereof; b. The fair market value of property exchanged if such property is to be sold thereafter in the retailer's usual course of business. This is not limited to exchanges in Colorado. Out-of-state trade-ins are an allowable adjustment to the purchase price; c. Discounts from the original price if such discount and the corresponding decrease in sales tax due is actually passed on to the purchaser, and the seller is not reimbursed for the discount by the manufacturer or someone else. An anticipated discount to be allowed for payment on or before a given date is not an allowable adjustment to the price in reporting gross sales. Prosthetic devices for animals means any artificial limb, part, device or appliance for animal use which replaces a body part or aids or replaces a bodily function; is designed, manufactured, altered or adjusted to fit a particular patient; and is prescribed by a licensed veterinarian. Prosthetic devices include but are not limited to prescribed auditory, ophthalmic or ocular, cardiac, dental, or orthopedic devices or appliances, oxygen concentrators with related accessories. Prosthetic devices for humans means any artificial limb, part, device or appliance for human use which replaces a body part or aids or replaces a bodily function; is designed, manufactured, altered or adjusted to fit a particular patient; and is prescribed by a licensed practitioner of the healing arts. Prosthetic devices include but are not limited to: prescribed auditory, ophthalmic or ocular, cardiac, dental, or orthopedic devices or appliances, oxygen concentrators with related accessories. Purchase or sale means the acquisition for any consideration by any person of tangible personal property, other taxable products, or taxable services that are purchased, leased, rented, sold, used, stored, distributed, or consumed, but excludes a bona fide gift of property or services. These terms include capital leases, installment and credit sales, and property and services acquired by: a. Transfer, either conditionally or absolutely, of title or possession or both to tangible personal property or other taxable products or taxable services; b. A lease, lease-purchase agreement, rental or grant of a license, including royalty agreements, to use tangible personal property, other taxable products or taxable services, the utilization of coin-operated devices, except coin-operated telephones, which do not vend articles of tangible personal property shall be considered short-term rentals of tangible personal property; c. Performance of taxable services; or APPENDIX I TO ATTACHMENT A 8 d. Barter or exchange for other tangible personal property or services, other taxable products, or services. The terms purchase and sale do not include: a. A division of partnership assets among the partners according to their interests in the partnership; b. The formation of a corporation by the owners of a business and the transfer of their business assets to the corporation in exchange for all the corporation's outstanding stock, except qualifying shares, in proportion to the assets contributed; c. The transfer of assets of shareholders in the formation or dissolution of professional corporations, if no consideration including, but not limited to, the assumption of a liability is paid for the transfer of assets; d. The dissolution and the pro rata distribution of the corporation's assets to its stockholders, if no consideration including, but not limited to, the assumption of a liability is paid for the transfer of assets; e. A transfer of a partnership interest or limited liability company; f. The transfer of assets to a commencing or existing partnership or limited liability company, if no consideration including, but not limited to, the assumption of a liability, is paid for the transfer of assets; g. The formation of a partnership by the transfer of assets to the partnership or transfers to a partnership in exchange for proportionate interests in the partnership; h. The repossession of personal property by a chattel mortgage holder or foreclosure by a lienholder; i. The transfer of assets from a parent company to a subsidiary company or companies which are owned at least eighty percent (80%) by the parent company, which transfer is solely in exchange for stock or securities of the subsidiary company; j. The transfer of assets from a subsidiary corporation or corporations which are owned at least eighty percent (80%) by the parent company to a parent company or to another subsidiary which is owned at least eighty percent (80%) by the parent company, which transfer is solely in exchange for stock or securities of the parent company or the subsidiary which received the assets; k. The transfer of assets between parent and closely held subsidiary companies, or between subsidiary companies closely held by the same parent company, or between companies which are owned by the same shareholders in identical percentage of stock ownership amounts, computed on a share-by-share basis, when a tax imposed by this Chapter was paid by the transferor company at the time it acquired such assets, except to the extent that there is an increase in the fair market value of such assets resulting from the manufacturing, fabricating or physical changing of the assets by the transferor company. To such an extent any transfer referred to in this Paragraph shall constitute a sale. For the purposes of this Paragraph, a closely held subsidiary company is one in which the parent company owns stock possessing at least eighty percent (80%) of the APPENDIX I TO ATTACHMENT A 9 total combined voting power of all classes of stock entitled to vote and owns at least eighty percent (80%) of the total number of shares of all other classes of stock. Renewable energy means any energy resource that is naturally regenerated over a short time scale and derived directly from the sun (such as thermal, photochemical, and photoelectric), indirectly from the sun (such as wind, hydropower, and photosynthetic energy stored in biomass), or from other natural movements and mechanisms of the environment (such as geothermal and tidal energy). Renewable energy does not include energy resources derived from fossil fuels, waste products from fossil sources, or waste products from inorganic sources. Resident means a person who resides or maintains one (1) or more places of business within the Town, regardless of whether that person also resides or maintains a place of business outside of the Town. Retail sales means all sales except wholesale sales. Retailer or vendor means any person selling, leasing, renting, or granting a license to use tangible personal property or services at retail. Retailer shall include, but is not limited to, any: a. Auctioneer; b. Salesperson, representative, peddler or canvasser, who makes sales as a direct or indirect agent of or obtains such property or services sold from a dealer, distributor, supervisor or employer; c. Charitable organization or governmental entity which makes sales of tangible personal property to the public, notwithstanding the fact that the merchandise sold may have been acquired by gift or donation or that the proceeds are to be used for charitable or governmental purposes; d. Retailer-Contractor, when acting in the capacity of a seller of building supplies, construction materials, and other tangible personal property; e. Marketplace facilitator, marketplace seller, or multichannel seller. Retailer-Contractor means a contractor who is also a retailer of building supplies, construction materials, or other tangible personal property, and purchases, manufactures, or fabricates such property for sale (which may include installation), repair work, time-and-materials jobs, and/or lump sum contracts. Return means any form prescribed by the Town administration for computing and reporting a total tax liability. Sales tax means the tax that is collected or required to be collected and remitted by a retailer on sales taxed under this Code. Security system services means electronic alarm and/or monitoring services. Such term does not include non-electronic security services such as consulting or human or guard dog patrol services. Software as a service means software that is rented, leased, or subscribed to from a provider and used at the consumer's location, including but not limited to applications, systems, or programs. Software license fee means a fee charged for the right to use, access, or maintain software programs. APPENDIX I TO ATTACHMENT A 10 Software maintenance agreement means an agreement, typically with a software provider, that may include: (1) provisions to maintain the right to use the software; (2) provisions for software upgrades including code updates, version updates, code fix modifications, enhancements, and added or new functional capabilities loaded into existing software, or (3) technical support. Software program means a sequence of instructions that can be measured, interpreted, and executed by an electronic device (e.g. a computer, tablets, smart phones) regardless of the means by which it is accessed or the medium of conveyance. Software program includes: (1) Custom software program, which is a software program prepared to the special order or specifications of a single customer; (2) Pre-written software program, which is a software program prepared for sale or license to multiple users, and not to the special order or specifications of a single customer. Pre-written software is commonly referred to as "canned," "off-the-shelf ("COTS")," "mass produced," or "standardized;" (3) Modified software, which means pre-written software that is altered or enhanced by someone other than the purchaser to create a program for a particular user; and (4) The generic term "software," "software application," as well as "updates," "upgrades," "patches," "user exits," and any items which add or extend functionality to existing software programs. Solar thermal system means a system whose primary purpose is to use energy from the sun to produce heat or cold for: (1) Heating or cooling a residential or commercial building; (2) Heating or cooling water; or (3) Any industrial, commercial, or manufacturing process. Sound system services means the provision of broadcast or pre-recorded audio programming to a building or portion thereof. Such term does not include installation of sound systems where the entire system becomes the property of the building owner or the sound system service is for presentation of live performances. Storage means any keeping or retention of, or exercise dominion or control over, or possession of, for any length of time, tangible personal property not while in transit but on a stand still basis for future use when leased, rented, or purchased at retail from sources either within or without the Town from any person or vendor. Tangible personal property means personal property that can be one (1) or more of the following: seen, weighed, measured, felt, touched, stored, transported, exchanged, or that is in any other manner perceptible to the senses. Tax means the use tax due from a consumer or the sales tax due from a retailer or the sum of both due from a retailer who also consumes. Tax deficiency means any amount of tax, penalty, interest, or other fee that is not reported and/or not paid on or before the date that any return or payment of the tax is required under the terms of this Code. Taxable sales means gross sales less any exemptions and deductions specified in this Code. Taxable services means services subject to tax pursuant to this Code. Taxpayer means any person obligated to collect and/or pay tax under the terms of this Code. APPENDIX I TO ATTACHMENT A 11 Telecommunications service means the service of which the object is the transmission of any two-way interactive electromagnetic communications, including but not limited to voice, image, data and any other information, by the use of any means, but not limited to wire, cable, fiber optical cable, microwave, radio wave or any combinations of such media, including any form of mobile two-way communication. Telecommunications service does not include separately stated non-transmission services which constitute computer processing applications used to act on the information to be transmitted. Therapeutic device means devices, appliances or related accessories that are sold to correct or treat a human physical disability or surgically created abnormality. Total tax liability means the total of all tax, penalties or interest owed by a taxpayer and shall include sales tax collected in excess of such tax computed on total sales. Use means the exercise, for any length of time by any person within the Town of any right, power or dominion over tangible personal property or services when rented, leased or purchased at retail from sources either within or without the Town from any person or vendor or used in the performance of a contract in the Town whether such tangible personal property is owned or not owned by the taxpayer. Use also includes the withdrawal of items from inventory for consumption. Wholesale sales means sale by wholesalers to retailers, jobbers, dealers or other wholesalers for resale and does not include a sale by wholesalers to users or consumers not for resale; latter types of sales shall be deemed to be retail sales and shall be subject to the provisions of this Chapter. Wholesaler means any person doing an organized wholesale or jobbing business and selling to retailers, jobbers, dealers or other wholesalers, for the purpose of resale, and not for storage, use, consumption or distribution. ( Ord. No. 20-09 , § 2; Ord. 17-04 §2 (Exh.A); Ord. 93-6 §1; Ord. 91-7 §1) 3.08.020 - Taxable items. There shall be collected and paid as a tax the amounts stated in Section 3.08.030 upon the following: (1) The purchase price paid or charged upon all retail sales and purchases of tangible personal property within the boundaries of the Town; (2) The amount paid for all meals, including cover charges, if any, furnished in any restaurant, eating house hotel, drugstore, club, resort, or such place at which meals or food are sold to the public. (3) The rental fee, price, or other consideration paid for the rental of any tangible personal property within the boundaries of the Town. Rentals shall include, but not be limited to, ski rentals, car rentals, and DVD rentals. Such rentals, for all purposes of this Chapter, shall be deemed to be sales as defined in Section 3.08.010. (4) The purchase price paid or charged upon all retail sales and purchases of tobacco products as defined Section 5.10.030. ( Ord. No. 20-09 , § 3; Ord. No. 19-02 , § 2; Ord. 85-27 §1; Ord. 82-27 §1(part)) 3.08.030 - Sales tax levy. APPENDIX I TO ATTACHMENT A 12 (a) There is imposed upon all sales of all items specified in Section 3.08.020 within the boundaries of the Town a tax equal to four percent (4%) of gross receipts derived from sales of tangible personal property and taxable services pursuant to this Chapter except that the sales tax imposed on tobacco products shall be forty percent (40%). Notwithstanding the foregoing, cigarettes shall not be subject to the sales tax imposed here but shall be subject instead to the cigarette excise tax imposed pursuant to Section 3.10.020. (b) A sales tax is also imposed on the rental fee, price, or other consideration paid or received for lodging services. This tax shall be levied irrespective of the location from which the reservation for the lodging, rental, or lease is made. The tax levied shall be based on the same schedule as is set forth in subsection (a) of this Section, and the person, partnership, corporation, or other entity making such rooms available shall, for all purposes of this Chapter, be deemed to be a retailer as defined in Section 3.08.010. (c) The retailer shall add the tax imposed thereto to the sale or charge of the item sold, showing such tax as a separate and distinct item, and, when added, such tax shall constitute a part of such price or charge, shall be a debt from the purchaser to the retailer until paid, and shall be recoverable at law in the same manner as other debts. A retailer selling malt, vinous, or spirituous liquors by the drink or vending items through coin- operated vending machines may include in the drink or vended-item purchase price the tax imposed by this chapter, but such retailer shall not advertise or hold out to the public that the tax is absorbed or otherwise not included as part of the sales price to the consumer. (d) In lieu of the tax levied by subsection (a) of this Section, there is levied upon all sales of electrical energy, gas, steam or other heat, and telegraph or telephone services within the boundaries of the Town a tax equal to one percent (1%) of the gross receipts derived from sales of these services. Said tax shall be imposed on the sale or charge of the service, showing such tax as a separate and distinct item, and, when added, such tax shall constitute a part of such price or charge. This tax shall be in addition to any franchise tax levied against said utilities. (e) It shall be unlawful for a retailer not to collect and for a purchaser not to pay any sales tax levied by this Section. (f) Specific transactions subject to tax include, but are not limited to, the following: (1) Sales of tangible personal property, including food or drink, dispensed from a coin-operated device, also known as vending machine. (2) Sales of software programs, software as a service, software license fees, and software maintenance agreements. (3) Sales of tangible personal property by a retailer-contractor, the total price of which shall be subject to sales tax, excluding only separately stated labor and installation charges if any. (4) Internet subscription services. (5) Sales of digital product and digital code. Digital product is a form of tangible personal product, the taxability of which is not impacted by the method of delivery. Examples of delivery methods include but are not limited to compact disc, electronic download, and internet streaming. APPENDIX I TO ATTACHMENT A 13 (6) Show sales or rental made through a cable television system. (7) Pay-per-view show sales or rental. (8) Linen services. (9) Security system services. (10) Sound system services. (Ord. No. 19-02 , §3; Ord. 91-7 §2; Ord. 85-24 §1; Ord. No. 19-10 §2) 3.08.035 - Tax credit for The Village (at Avon). Notwithstanding any other provisions of this Chapter, there shall be granted to each person owing tax on sales consummated within The Village (at Avon) a temporary tax credit equal to the amount of any Retail Sales Fee paid by or on behalf of such person for that same sale. The amount of the credit shall not exceed the amount of tax owed. This credit shall expire with the termination of the Retail Sales Fee as set out in the Consolidated, Amended and Restated Annexation and Development Agreement for The Village (at Avon), as recorded with Eagle County on August 1, 2014. Neither the ability of the Town to grant the temporary tax credit nor termination of the tax credit shall constitute a tax increase, the imposition of a new tax, or a tax policy change. (Ord. 02-06 §1; Ord. 99-02 §4) 3.08.036 - Tax credit for Community Housing. Notwithstanding any other provision of this Chapter, there may be granted a sales tax credit to each person owing tax on the sale of building materials and fixtures used in a Community Housing project provided that such sales tax credit is approved by Council by resolution in accordance with Chapter 3.14. Neither the ability of the Town to grant this tax credit nor the repeal or termination of this tax credit shall constitute a tax rate increase, the imposition of a new tax or a tax policy change. (Ord. No. 19-01 , §2) 3.08.037 - Temporary tax credit for renewable energy production components. Notwithstanding any other provision of this Chapter, there shall be granted a temporary sales tax credit to each person owing tax on the sale of components used in the production of electricity, generation of heat or cooling of air, from a renewable energy source, including but not limited to wind, solar, solar thermal systems, and geothermal energy systems, provided that this temporary tax credit shall commence on the effective date of this ordinance and shall continue until December 31, 2024, whereupon this temporary tax credit shall automatically expire unless extended by adoption of an ordinance. Neither the ability of the Town to grant the temporary tax credit nor the termination of the credit shall constitute a tax increase, the imposition of a new tax or a tax policy change. (Ord. No. 18-15 , §2; Ord. 16-03 §2) 3.08.040 – Place of sale – Destination sourcing APPENDIX I TO ATTACHMENT A 14 (a) A purchase or sale is deemed to occur where transfer of possession of taxable property, or consumption of a taxable service, first occurs. (b) The following rules shall be used to establish that site of transfer: (1) If a purchaser takes possession of property or consumes services at the physical location of the retailer, then the sale occurs there and that location’s tax applies. (2) If a purchaser takes possession of property or consumes services at a place other than the retailer’s physical location, then the sale is deemed to occur in the following locations in descending order of application: a. An address to which property is delivered, or services are consumed, no matter the method of delivery; b. The purchaser’s business or residential address if known from an ordinary course of business with the retailer; c. The purchaser’s payment instrument address; or, d. The address from which property is shipped. (3) If the purchaser designates delivery to another recipient, then the sale is deemed to occur at the location that recipient first takes possession of the property or consumes the service. (c) These rules do not apply if the address is used in bad faith. They apply to both in-state and out-of-state sale sites. (d) Digital product and code sales shall be sourced as follows: (1) The sale is presumed to be made at the customer tax address. (2) “Customer tax address,” as used here means, in descending order of application: a. The retailer’s business location if the product or code is received there; b. The primary use location, if the retailer knows that address; c. The location where the digital product is received by the purchaser or designee, if that address is known to the retailer and is maintained in the ordinary course of the retailer’s business; d. An address for the purchaser available from the retailer’s business records maintained in the ordinary course of business, if the address does not constitute bad faith; e. The purchaser’s address provided during consummation of the sale, including the address of the purchaser’s payment instrument, when use of that address does not constitute bad faith; or f. The location in the United States of the retailer’s business headquarters; or, if unavailable, the location in the United States where the retailer has the greatest number of employees; or, if unavailable, the location in the United APPENDIX I TO ATTACHMENT A 15 States from which the retailer makes digital products and code available for electronic transfer. (3) “Primary use location,” as used here, means the physical address where use of the product or code will primary occur, as determined by: a. The residential or business street address of the actual end user, including, if applicable, any recipient designated by the purchaser; or b. If the purchaser is not an individual, the location of the purchaser’s employees or equipment that makes use of the digital product. (e) The Director may develop additional sourcing rules, consistent with this Section, as needed to administer this Chapter. 3.08.050 - Exempt items. The sale of the following classes of tangible personal property are exempt from the tax imposed by this Chapter. (1) Motor vehicles, trailers, and semi-trailers, registered outside of Town; (2) Sales of tangible personal property where both the following conditions exist: a. The sales are to persons who are residents of, or doing business in, the State but outside of Town, and b. The purchased items are to be delivered to the consumer outside Town boundaries by any method, including common or contract carrier, seller conveyance or U.S. mail. (3) Fuel used for the operation of internal combustion engines; (4) Medical supplies, prosthetic devices for humans, and therapeutic devices; (5) Goods manufactured within the Town and sold directly by the manufacturer to a common carrier operating in interstate commerce as the ultimate consumer thereof; (6) Construction and building materials if such materials are picked up by the purchaser and if the purchaser presents to the retailer a building permit or other documentation acceptable to the Town evidencing that a local use tax has been paid or is required to be paid; (7) Commercial packaging materials; and (8) Newspapers as defined in Section 3.08.010. ( Ord. 17-04 §3; Ord. 91-7 §§3, 4; Ord. 85-28 §1, 1985; Ord. 82-27 §1(part)) 3.08.060 - Exempt taxpayers. (a) Sales to the following classes of taxpayers shall be exempt from the tax imposed by this Chapter: (1) Sales to the United States government; to the State, its departments or institutions and to the political subdivisions thereof, in their governmental capacity only; in all sales to the Town; providing, however, that no commercial, industrial or other banking institution, organized or chartered by the United States government, any agency or APPENDIX I TO ATTACHMENT A 16 department thereof, or by the State, shall be considered a governmental institution for the purpose of this exemption; and (2) Sales by or to charitable organizations in the conduct of their regular charitable functions and activities. (b) Nothing herein contained shall be deemed to exempt sales of building material or supplies to be used by a contractor for the construction of an improvement for any of the institutions or agencies enumerated in subsection (2) above. (c) Taxpayers entitled to exemption hereunder may apply to the Town for an Exemption Certificate, which certificate shall serve as notice to all retailers of the Taxpayer’s exemption status under this Section. ( Ord. 16-08 §2; Ord. 93-6 §2; Ord. 82-27 §1(part)) 3.08.065 – Exempt charges The following charges shall be exempt from the tax imposed by this Chapter: (1) The retail delivery fee consisting of the community access retail delivery fee imposed by Section 24-38.5-303(7), C.R.S. (2021); (2) The clean fleet retail delivery fee imposed by Section 25-7.5-103(8), C.R.S. (2021); (3) The clean transit retail delivery fee imposed by Section 43-4-1203(7), C.R.S. (2021); (4) The retail delivery fee imposed in Section 43-4-218(3), C.R.S. (2021); (5) The bridge and tunnel retail delivery fee imposed by Section 43-4-805(5)(g.7), C.R.S. (2021); (6) The air pollution mitigation retail delivery fee imposed by Section 43-4-1303(8), C.R.S. (2021); (7) The carryout bag fee imposed by Section 25-17-505, C.R.S. (2021); (8) The disposable bag fee imposed by Section 8.38.040 of this Municipal Code. 3.08.070 - Burden of proving exemptions—disputes. The burden of proof that a retailer is exempt from collecting and remitting tax, or filing a return, pursuant to this Chapter is on the retailer asserting such exemption under such reasonable requirements of proof as the Director may prescribe. A purchaser claiming an exemption disputed by a retailer may pay the tax under protest and apply for refund pursuant to Section 3.08.160. In the event the Town refunds taxes pursuant to exemption, it may collect from the retailer any amount of taxes retained as a fee attributable to the transaction. (Ord. 82-27 §1(part)) 3.08.080 - Unlawful to advertise absorption of tax. It is unlawful for any retailer to advertise, to hold out, or to state to the public or to any consumer, directly or indirectly, that the tax or any part thereof imposed by this Chapter will be APPENDIX I TO ATTACHMENT A 17 assumed or absorbed by the retailer, or that it will not be added to the selling price of the property sold; or if added, that any part thereof will be refunded. (Ord. 82-27 §1(part)) 3.08.090 – Sales Tax License. (a) It is unlawful for any person to be engaged in business in the Town as defined at Section 3.08.010 by way of making retail sales without first obtaining a sales tax license, which license shall be granted and issued by the Director and shall remain in force and effect until suspended or revoked. (b) The Director may suspend or revoke a sales tax license for persistent violation of this Code. The Director shall first notify the licensee in writing of an intention to suspend or revoke the license, giving the licensee 30 days to remedy the violations. If no remedy is made, the Director may suspend or revoke this license upon final notice to the licensee. A licensee who disputes the Director’s final notice may appeal as set out at Section 5.04.120 of the Avon Municipal Code. (Ord. 82-27 §1(part)) 3.08.100 - When license not required. No license shall be required for any person engaged exclusively in the business of selling items exempt from taxation under this Chapter. (Ord. 82-27 §1(part)) 3.08.110 - Itinerant vendors. Any retailer who does not intend to be actively engaged in selling for a period greater than three (3) consecutive months must first obtain an itinerant-vendor sales tax license and deposit with the Director a cash bond in the amount of one hundred dollars ($100.00) for the benefit of the Town, in such form as may be approved by the Director, which bond shall be conditioned upon, and authority for, the payment of the retail sales taxes due or to become due. Such itinerant vendors shall make reports of the tax collected and shall remit the same to the Town upon such forms and at such times as the Director may require. A failure to make such report or to pay any tax due at the time specified shall cause an immediate suspension to the license and forfeiture of the bond posted. 3.08.120 - Duty to keep books and records. It shall be the duty of every person required to obtain a Sales Tax License to keep and preserve suitable records of all sales made by him or her, plus such other books or accounts as may be necessary to determine the amount of tax he or she may be liable for. It shall be the duty of every such person to keep and preserve for a period of three (3) years all invoices of goods and merchandise purchased for resale. All such books, invoices, accounts, and other records as required herein shall be open for examination at any time by the Director or his or her duly authorized agents. (Ord. 82-27 §1(part)) 3.08.130 - Sales tax return. (a) Every person required to obtain a Sales Tax License pursuant to the provisions of Section 3.08.090 shall file a sales tax return upon forms approved by the Director on or APPENDIX I TO ATTACHMENT A 18 before the twentieth day of each calendar month for the sales activities of the preceding calendar month; providing, however, that if the accounting methods regularly employed by the retailer in the transaction of his or her business, or other conditions, are such that reports of sales made on a calendar-monthly basis will impose unnecessary hardship, the Director may, in his or her sole discretion, accept reports at a different interval so long as the change will not jeopardize collection of the tax; and provided further, that a retailer doing business in two (2) or more places or locations may file one (1) return covering all such business activities in the Town. (b) The returns so filed shall contain such information as may enable the Director to accurately determine the amount of tax collected by the person filing the return, but, in all cases, shall contain the following information: (1) The amount of gross taxable sales made for which the return is filed; (2) The total sales price of all property returned by the purchaser as a result of a return of goods sold by the retailer, provided the original sale was a taxable transaction; (3) The total fair market value of any property received by the retailer resulting from an exchange of property provided the property received is held by the retailer to be sold or leased to a user or consumer in the regular course of business; (4) The total amount of sales exempt from tax pursuant to Sections 3.08.050 and 3.08.060; (5) The total amount of sales made on credit, the obligation for which is not secured by a conditional sales contract, chattel mortgage, or other security instrument entitling the retailer to repossess the item sold, which credit sales are found to be worthless and are deductible as bad debts on the retailer's federal income tax return. (c) The return shall be accompanied by an amount equal to the sales tax required to be collected but which shall not be less than the amount actually collected nor less than four percent (4%) of the figure derived by subtracting from gross taxable sales the total amount of sales described in subsections (b)(2), (3), (4) and (5) of this Section, all as reflected on the return. (d) All other persons shall pay the amount of any tax due under the provisions of Section 3.08.030 not less than fifteen (15) days after the date that the tax becomes due. 3.08.140 – Unlawful Acts It is unlawful for any person to fail to perform any affirmative duty required by this Chapter, or to willfully make, prepare, or submit a tax return or other document containing any false statement, or to willfully make a false statement in any investigation or hearing, which may affect the tax liability of any person, or to violate a rule or regulation promulgated pursuant to Section 3.08.350. (Ord. 87-24 §1; Ord. 83-14 §1; Ord. 82-27 §1(part)) 3.08.150 - Examinations of returns—refunds—deficiencies—notice of protest. (a) The Director may examine any return to assess the accuracy of amounts remitted. APPENDIX I TO ATTACHMENT A 19 (b) If the amount remitted is more than is due under the return, the Director may, in his or her sole discretion, credit the entire amount against future tax obligations unless the taxpayer seeks refund. If the Director notifies a taxpayer of any overpayment, the taxpayer may submit a refund claim or file an amended return within thirty (30) days of such notice, after which time the right to a refund shall terminate. (c) If the amount paid is less than the amount due, or if the Director determines that tax is due and unpaid for any reason, then the Director shall send a notice of deficiency and demand for payment to the taxpayer, including interest and penalty. Payment shall be due within fifteen (15) days of the date of the notice. (d) If the taxpayer disputes an amount demanded by the Director, the taxpayer shall provide the Director with a written protest within thirty (30) days of the Director’s notice and demand. The protest shall identify the amount of tax disputed, including specific grounds for dispute, and shall request a hearing before the Director. This protest process, and that of any related appeal, shall be in accordance with Section 29-2-106.1, C.R.S. (e) Payment of a bond or tax in lieu made pursuant to appeal shall be as set out in Sections 29-2-106.1(3) and (8), C.R.S. (Ord. 91-7 §7; Ord. 86-2 §14: Ord. 82-27 §1(part)) Sec. 3.08.160 – Refunds - procedure; taxes paid under protest or by mistake. (a) A consumer claiming an exemption disputed by a retailer may pay the tax under protest. Applications for a refund of such a protested tax must be made within sixty (60) days after the sale or event for which an exemption is claimed and must be supported by the consumer’s affidavit plus the original paid invoice or sales receipt and certificate issued by the seller plus additional information as the Director may request. (b) A taxpayer claiming refund for tax paid by mistake or in error must make that claim within three (3) years from the date of sale. A consumer seeking such refund must first request it from the retailer collecting the tax and provide the Director with the reason the retailer denied the claim. (c) All claims for refund shall be upon forms prescribed by the Director and made in such manner as required by the Director. The Director shall promptly review refund claims and issue a denial in writing, stating the reason therefor, or provide the funds requested, after applying any refund amount against outstanding tax liabilities. (d) If a taxpayer disputes a refund denial, the taxpayer shall provide the Director with a written protest, filed within thirty (30) days of the Director’s notice. The protest shall identify specific grounds for dispute, including any necessary documentation, and shall request a hearing before the Director. This protest process, and that of any related appeal, shall be in accordance with Section 29-2-106.1, C.R.S. (Ord. 91-7 §§9, 10; Ord. 82-27 §1(part)) Sec. 3.08.170 - Refund not assignable; retailer may file claim. (a) The right of any person to a refund shall not be assignable, and application must be made by the same person who purchased the goods and paid the tax thereon, as shown by the sales APPENDIX I TO ATTACHMENT A 20 invoice or other appropriate document, except that a retailer may claim a refund on behalf of a consumer if: 1. The consumer could file a refund claim on his or her own behalf; and 2. The retailer establishes to the Director’s satisfaction that the retailer has paid or will pay the amount claimed to the consumer. (b) No retailer shall be compelled to file a refund claim pursuant to this Chapter. (Ord. 82-27 §1(part)) 3.08.180 – Penalty and interest on late returns and tax deficiencies (a) If a tax return is filed late, or a tax payment is made late, then a one-time penalty of the greater of $15 or 10% of the tax due shall be added to the total tax obligation. (b) If a tax payment made is less than the amount owed, and the deficiency is due to negligence or disregard of authorized rules and regulations but without intent to defraud, then simple interest shall be charged on the deficiency amount at the rate of one and one- half percent (1½%) per month, commencing on the date the payment was first due unless that payment due date is extended by the Director. A one-time penalty of the greater of $15 or 10% of the tax due shall be added to the total tax obligation. (c) If a tax payment made is less than the amount owed, and the deficiency is due to fraud with the intent to evade tax, a penalty of one hundred percent (100%) of that part of the tax deficiency amount shall be added to the total tax obligation including the penalty and interest required by subsections (a) and (b), plus additional interest charge of three percent (3.%) per month added from the date the payment was first due. (d) Interest shall be paid upon notice and demand. It shall be assessed, collected, and paid in the same manner as the tax to which it applies. (e) If any portion of tax is satisfied by overpayment credit, then interest may be imposed only on tax due net of overpayment credit applied. 3.08.190 - Estimated taxes and assessment thereof. (a) If any person neglects or refuses to make a return for, or payment of, any of the taxes levied by this Chapter when the same become due, the Director shall, no sooner than five (5) days after the return or payment due date, give written notice to the person responsible for making the return or paying the taxes, which notice shall state that the same must be filed or paid within fifteen (15) days from the date of the notice. (b) If the return is not filed or taxes not paid within fifteen (15) days of the date of notice, the Director may make an estimate, based upon such information as may be available, of the amount of taxes due for the period or periods for which the taxpayer is delinquent and shall add a penalty in an amount equal to the greater of $15 or ten percent (10%) of the estimated tax, together with simple interest on the estimated tax at the rate of one and one-half percent (1½%) per month from the due date thereof. The Director may assess this tax, penalty, and interest against the delinquent taxpayer by giving the taxpayer written notice and demand for payment, which shall require the taxpayer, within ten (10) days of the date of the notice, to either pay the assessed amount or petition for correction. Any such petition for correction APPENDIX I TO ATTACHMENT A 21 shall be in writing, and any facts or figures in support thereof shall be submitted upon the oath of the taxpayer. The Director shall consider a petition for correction and make a final decision as to the proper amount of taxes, penalty, and interest due. (c) If a taxpayer disputes an estimated-tax decision, the taxpayer shall provide the Director with a written protest, filed within thirty (30) days of the Director’s final decision. The protest shall identify the amount of tax disputed, including specific grounds for dispute, and shall request a hearing before the Director. This protest process, and that of any related appeal, shall be in accordance with Section 29-2-106.1, C.R.S. (Ord. 83-14 §2: Ord. 82-27 §1(part)) 3.08.200 – Jeopardy assessment. (a) Jeopardy Enforcement: If the Director finds that collection of tax will be jeopardized by delay, the Director may, in his or her sole discretion, declare the taxable period immediately terminated, determine the tax owed, and issue notice and demand for payment thereof, which tax will then be due and payable forthwith. The Director may proceed immediately to collect such tax by distraint as provided in Section 3.08.300. (b) Immediate Enforcement Action: In any other case in which it appears that the revenue is in jeopardy, the Director may immediately issue a demand for payment, making the tax due and payable forthwith. The Director may proceed immediately to collect such tax by distraint as provided in Section 3.08.300. (c) Security for payment: Collection under either subsection (a) or (b) may be stayed if the taxpayer gives security for payment satisfactory to the Director. 3.08.210 - Service charge—returned checks. If a physical check in payment of any sales tax is returned unpaid, a processing charge of fifty dollars ($50.00) will be added to any amount due and owing. (Ord. 82-27 §1(part)) 3.08.220 - Investigation of retailer's books. For the purpose of ascertaining the correctness of a return, or for the purpose of determining the amount of tax due from any taxpayer, the Director may hold investigations and hearings concerning any matters covered by this Section, and may examine any relevant books, papers, records, or memoranda of any such person, requiring the attendance of such taxpayer, or any officer or employee of such taxpayer, or of any person having knowledge of such sales, and taking such testimony and proof as may be necessary to properly ascertain any tax liability. The Director shall have power to administer oaths to any person in the course of such investigations or hearings. Production of documents and attendance of witnesses shall be requested by the Director on his or her own motion or on motion of any party; any request for production or attendance shall inform persons that compliance is voluntary but that, if the request is not complied with, the Director may issue a subpoena. (Ord. 83-28 §1; Ord. 82-27 §1(part)) 3.08.230 - Subpoena. APPENDIX I TO ATTACHMENT A 22 The Director may issue a subpoena to command a person to attend and give testimony or to produce books, accounts, and records. (a) Any subpoena issued under the terms of this section shall be served as set forth in the Colorado Rules of Civil Procedure, including payment of witness fees. When the witness is subpoenaed at the Town’s insistence, such fees shall be paid by the Town. When a witness is subpoenaed at the taxpayer’s insistence, the cost of service and witness fee shall be paid by the taxpayer, from whom the Town may first require a deposit to cover those costs and fees. (b) It shall be unlawful to fail to attend, give testimony, or produce books, accounts, and records as commanded in a duly issued and served subpoena. In addition to the imposition of penalties for violating this section, the municipal court is authorized to issue an order requiring compliance with the subpoena, which order shall be enforceable by contempt proceedings. (Ord. 83-28 §3: Ord. 82-27 §1(part)) 3.08.240 - Coordinated audit procedures. (a) Any taxpayer licensed in this Town pursuant to Section 3.08.090 and holding a similar sales tax license in at least four (4) other Colorado municipalities that administer their own sales tax collection may request a coordinated audit as provided in this Section. (b) Within fourteen (14) days of receipt of notice of an intended audit by any municipality that administers its own sales tax collection, the taxpayer may provide to the Director, by certified mail, return receipt requested, a written request for a coordinated audit indicating the municipality from which the notice of intended audit was received and the name of the official who issued such notice. Such request shall include a list of those Colorado municipalities utilizing local collection of their sales tax in which the taxpayer holds a current sales tax license and a declaration that the taxpayer will sign a waiver of any passage-of-time based limitation upon this Town's right to recover tax owed by the vendor for the audit period. (c) Except as provided in subsection (g) of this section, any taxpayer that submits a complete request for a coordinated audit and promptly signs a waiver of any passage-of-time based limitation upon the Town's right to recover taxes owed for the proposed audit period may be audited by this Town during the twelve (12) months after such request is submitted only through a coordinated audit involving all municipalities electing to participate in such an audit. (d) If this Town desires to participate in the audit of a taxpayer that submits a complete request for a coordinated audit pursuant to subsection (c) of this Section, the Director shall so notify the Finance Director of the municipality whose notice of audit prompted the taxpayer's request within ten (10) days after receipt of the taxpayer's request for a coordinated audit. The Director shall then cooperate with other participating municipalities in the development of arrangements for the coordinated audit, including arrangement of the time during which the coordinated audit will be conducted, the period of time to be covered by the audit, and a coordinated notice to the taxpayer of those records most likely to be required for completion of the coordinated audit. APPENDIX I TO ATTACHMENT A 23 (e) If the taxpayer's request for a coordinated audit was in response to a notice of audit issued by this Town, this Town's Director shall facilitate arrangements between this Town and other municipalities participating in the coordinated audit unless and until an official from some other participating municipality agrees to assume this responsibility. The Director shall cooperate with other participating municipalities to, whenever practicable, minimize the number of auditors that will be present on the taxpayer's premises to conduct the coordinated audit on behalf of the participating municipalities. Information obtained by or on behalf of those municipalities participating in the coordinated audit may be shared only among such participating municipalities. (f) If the taxpayer's request for a coordinated audit was in response to a notice of audit issued by this Town, this Town's Director shall, once arrangements for the coordinated audit between the Town and other participating municipalities are completed, provide written notice to the taxpayer of which municipalities will be participating, the period to be audited and the records most likely to be required by participating municipalities for completion of the coordinated audit. The Director shall also propose a schedule for the coordinated audit. (g) The coordinated audit procedure set forth in this Section shall not apply: (1) When the proposed audit is a jeopardy audit; (2) When a taxpayer refuses to promptly sign a waiver of any ordinance that could limit, based upon passage of time, the Town's right to recover for a portion of the audit period; or, (3) When a taxpayer fails to provide a timely and complete request for a coordinated audit as provided in subsection (b) of this section. (Ord. 91-7 §5) 3.08.250 - Sales tax information confidential. (a) Except in accordance with a judicial order, or as otherwise herein provided, the Town shall not divulge any information gained from any return filed or as a result of any investigation or hearing held pursuant to the provisions of this Section. (b) Nothing contained in this subsection shall be construed to prohibit: (1) The delivery to a person, or to his or her duly authorized representative, of a copy of any return filed in connection with his or her tax; (2) The publication of statistics so classified as to prevent the identification of particular reports or returns and the items thereof; (3) The inspection of tax returns and related information by the Town Attorney, other legal representatives, the Director, other employees of the Town with a need to know such information in connection with the performance of their duties, or law enforcement personnel of the Town; (4) Disclosure of information to an auditor or any other outside agent hired by the Town for the purpose of auditing or establishing tax liabilities; (5) Provision of information from filed returns and reports to a third party solely for use in performing Town-funded economic and fiscal analyses pursuant to a written APPENDIX I TO ATTACHMENT A 24 agreement approved by the Town council to maintain strict confidentiality in accordance with this chapter. All results and published information derived from the information provided shall aggregate data from filed returns in a manner that does not reveal business-specific information. Any third-party receiving information from returns under this paragraph must maintain the information separately from other project information, and must, upon completion of such analysis, either return all copies of the information to the Director or destroy them. (c) Reports and returns shall be preserved for three years, and thereafter until the Director, with the approval of the Town Manager, shall order them destroyed. (Ord. 82-27 §1(part)) 3.08.260 – Violations and judicial enforcement - penalty (a) It shall be a violation of this Chapter for any purchaser not to pay the sales tax levied by this Chapter, or to fail to pay the tax levied upon a sale where an exemption status is disputed. (b) It shall be a violation of this Chapter for any retailer not to collect and remit the sales tax levied by this Chapter. (c) Any person violating any of the provisions of this Chapter shall be punished in accordance with Chapter 1.08 of the Avon Municipal Code. (d) Nothing contained in this Section shall limit the Town’s authority to enforce the provisions of this Chapter by any other lawful means. 3.08.270 – Retailer’s liability for payment; taxes held in trust (a) All sums of money paid by a purchaser to a retailer as taxes imposed by this Chapter shall be and remain public money, belonging to the Town of Avon, which funds shall be held in trust for the sole use and benefit of the Town until paid. (b) Every retailer engaged in business in the Town and selling at retail shall be liable and responsible for the payment of an amount equivalent to the amount of tax imposed by this Chapter. (c) Any period of limitation provided in this Chapter shall not apply to collections of public money in the possession of a retailer, and such moneys are collectable at any time after their due date upon demand by the Director. Bankruptcy will not excuse unremitted taxes collected or held in trust. 3.08.280- Marketplace Sales (a)(1) A marketplace facilitator engaged in business in the Town is required to collect and remit sales tax on all taxable sales made by the marketplace facilitator or facilitated by it for marketplace sellers or multichannel sellers to customers in the Town, whether or not the marketplace seller for whom sales are facilitated would have been required to collect sales tax had the sale not been facilitated by the marketplace facilitator. (2) A marketplace facilitator shall assume all the duties, responsibilities, and liabilities of a retailer or vendor as defined in Section 3.08.010. Marketplace facilitators shall be liable for the taxes collected from marketplace sellers or multichannel sellers. The Town may recover APPENDIX I TO ATTACHMENT A 25 any unpaid taxes, penalties, and interest from the marketplace facilitator that is responsible for collecting on behalf of marketplace sellers or multichannel sellers. (3) The liabilities, obligations, and rights set forth under this article are in addition to any duties and responsibilities of the marketplace facilitator has under this article if it also offers for sale tangible personal property, products, or services through other means. (4) A marketplace seller, with respect to sales of tangible personal property, products, or services made in or through a marketplace facilitator's marketplace, does not have the liabilities, obligations, or rights of a retailer under this article if the marketplace seller can show that such sale was facilitated by a marketplace facilitator: a. With whom the marketplace seller has a contract that explicitly provides that the marketplace facilitator will collect and remit sales tax on all sales subject to tax under this article; or b. From whom the marketplace seller requested and received in good faith a certification that the marketplace facilitator is registered to collect sales tax and will collect sales tax on all sales subject to tax under this article made in or through the marketplace facilitator's marketplace. (5) If a marketplace seller makes a sale that is not facilitated by a licensed marketplace facilitator in a marketplace, the marketplace seller is subject to all of the same licensing, collection, remittance, filing and recordkeeping requirements as any other retailer. (b) Auditing. With respect to any sale, the Town shall solely audit the marketplace facilitator for sales made by marketplace sellers or multichannel sellers but facilitated by the marketplace facilitator. The Town will not audit or otherwise assess tax against marketplace sellers or multichannel sellers for sales facilitated by a marketplace facilitator. 3.08.290 - Unpaid tax a prior lien. (a) Any sales tax imposed by this Chapter, together with the interest and penalties herein provided and the cost of collection, shall be a first and prior lien upon: (1) The goods, stock-in-trade, and business fixtures of or used by any taxpayer under lease, title-retaining contract, or other contractual arrangement; and (2) The real and personal property owned or leased by any such taxpayer, including personal property affixed to real property, and shall take precedence on all such property over other claims and mortgages. (b) This lien shall arise the day the tax becomes due and payable and shall be extinguished by operation of law when the tax is paid in full, including any interest, penalty, and collection costs. (c) Whenever the business or property of any taxpayer subject to this Chapter shall be placed in receivership, bankruptcy, or assignment for the benefit of creditors, or seized under distraint for property or other taxes, all taxes, penalties, and interest imposed by this Chapter and for which said person is any way liable under the terms of this Chapter shall be a prior and preferred lien against all the property of said taxpayer, and no sheriff, receiver, assignee, or other officer shall sell the property of any person subject to this Chapter under process or order of any court without first ascertaining from the Director the amount of any taxes due APPENDIX I TO ATTACHMENT A 26 and payable under this Chapter. If such taxes are due, owing, or unpaid, it shall be the duty of such officer to first pay that amount out of the proceeds of said sale before making payment to judgment creditors or for other claims of whatsoever nature. (d) At any time that a tax has accrued but is unpaid, the Director may issue a notice of tax lien, setting forth: the name of the taxpayer; the amount of the tax, penalties, and interest; the date of the accrual thereof; and that the Town claims a first and prior lien on the real and tangible personal property of the taxpayer. Said notice may be filed in the office of the Clerk and Recorder of any Colorado county in which the taxpayer owns real or tangible personal property. Issuance of such notice and filing thereof shall be at the discretion of the Director and shall not affect the priority or validity of the lien provided by this Chapter, which lien arises by operation of law when the tax accrues and is payable. (e) Any lien for taxes as shown on the records of a County Clerk and Recorder as herein provided, upon payment of all taxes, penalties, and interest covered thereby, shall be released by the Director in the same manner as mortgages and judgments are released. (Ord. 82-27 §1(part)) 3.08.300 – Collection by distraint. (a) Distraint Warrant: The Director may issue a distraint warrant under his or her own hand directed to any agent of the Town, including but not limited to a Town employee, outside contractor, police officer, county sheriff, or any other person identified by the Town to act as agent for the purposes listed here, commanding him or her to distrain, seize, and sell the personal property of the taxpayer, except such personal property as is exempt from execution and sale by any provision of this Chapter, for the payment of the tax due, together with penalties and interest accrued thereon plus collection costs: (1) When a deficiency in tax is not paid within thirty (30) days from the date of a notice of deficiency and demand for payment when no written protest is made pursuant to Section 3.08.15 0(d) or Section 3.08.190(c); (2) When any other amount of tax, penalty, or interest is not paid within thirty (30) days from the date of a notice of assessment and demand for payment thereof; (3) When any deficiency in tax is not paid within thirty (30) days after the taxpayer has exhausted local remedies, as defined by § 29-2-106.1(2)(c), C.R.S., without the taxpayer seeking further appeal; or (4) Immediately upon making of a jeopardy assessment or of the issuance of a demand for payment, as provided in Section 3.08.200. (b)Distraint Seizure: (1) The agent charged with the collection shall make or cause to be made an account of the goods or effects distrained, a copy of which, signed by the agent making such distraint, shall be left with the owner or possessor, or at his or her usual place of abode with some member of his or her family over the age of eighteen (18) years, or at his or her usual place of business with his or her stenographer, bookkeeper, or chief clerk, or if the taxpayer is a corporation, shall be left with any officer, manager, general agent, or agent for process, with a note of the sum APPENDIX I TO ATTACHMENT A 27 demanded and the time and place of sale. If said notice cannot be served on the taxpayer within thirty (30) miles of the Town, then it shall be mailed to the taxpayer's last known address, return receipt requested. (2) The agent shall forthwith cause to be published a notice of the time and place of sale, together with a description of the property to be sold, in a newspaper within the county wherein distraint is made, or, in lieu thereof and at the sole discretion of the Director, the agent or sheriff shall cause such notice to be publicly posted at the courthouse of the county wherein such distraint is made and copies thereof to be posted in at least two (2) other public places within said county. (3) The time fixed for the sale shall not be less than ten (10) days nor more than sixty (60) days from the date of such notification to the owner or possessor of the property and the publication or posting of such notices. Said sale may be adjourned from time to time by the agent or sheriff if he or she deems it advisable, but not for a time to exceed in all ninety (90) days from the date first fixed for the sale. When any personal property is advertised for s ale under distraint, the agent or sheriff making the seizure shall proceed to sell such property at public a uction, offering the same at not less than a fair minimum p rice, including the expenses of making the seizure and of advertising the sale, and if the amount bid for the property at the s ale is not equal to the fair minimum price so fixed, the agent or sheriff conducting the sale may declare the same to be purchased by him or her for the Town. The property so purchased may be sold by the agent or sheriff under such regulations as may be prescribed by the Director. (4) In any case of distraint for the payment of taxes, the real property, goods, chattels, or effects so distrained shall be restored to the owner or possessor if, prior to the sale, the amount due is paid, together with the fees and other charges, or may be redeemed by any person holding a chattel mortgage or other evidence of right of possession. (c) Certificate of Sale and Evidence of Purchase: In all cases of sale under this Section, the agent or sheriff making the sale shall issue a certificate of sale to each purchaser, and such certificate shall be prima facie evidence of the right of the agent or sheriff to make such sale, and the conclusive evidence of the regularity of his or her proceedings in making the sale and shall transfer to the purchaser all right, title, and interest of such delinquent taxpayer in and to the property sold; and where such property consists of certificates of stock in the possession of the agent or sheriff, the certificate of sale shall be notice, when received, to any corporation, company, or association of said transfer, and said certificate of such sale shall be authority for such corporation, company, or association to record the transfer on its books and records; and where the subject of sale is securities or other evidences of debt, in the possession of the agent or sheriff, the certificate of sale shall be good and valid evidence of title in the person holding the same, as against any other person. Any surplus remaining above the taxes, penalties, interest, all costs and all expenses of making the seizure and of advertising the sale shall be returned to the owner or such other person having a legal right thereto, and, on demand, the Director shall render an account in writing of the sale. Expenses of a seizure include all reasonable costs APPENDIX I TO ATTACHMENT A 28 and expenses incurred by the Town in enforcing collection by distraint, including but not limited to attorney's fees and all personnel costs of the Town. 3.08.310 – Director’s remedies (a) So long as a final assessment duly made remains unpaid in full, the Director may pursue any or all the following enforcement actions against the defaulting taxpayer: (1) Revoke the taxpayer’s business and/or sales tax license. (2) Issue a summons to the taxpayer to appear in Municipal Court on charges of violating this Chapter or Code. (3) Issue a Distraint Warrant pursuant to this Chapter. (4) File a complaint in County or District Court to collect amounts owed. (5) Engage the services of a debt collector. (6) Any other enforcement action allowed by law. (b) Regardless of the collection or enforcement procedures pursued by the Director, all unpaid taxes, penalties, and interest shall be secured by a lien arising by operation of law as provided by this Chapter. 3.08.320 - Sale of stock or quitting business. (a) Any retailer who sells out his or her business or stock of goods or who quits business shall be required to file a tax return as provided in this Chapter within fifteen (15) days after the date of completion of said sale or the quitting of business, and the purchaser thereof, if any, shall be required to withhold sufficient of the purchase money to cover the amount of tax due and unpaid until such time as the retailer shall produce a receipt from the Director showing that all such taxes have been paid and that no further taxes are due. (b) If the purchaser of a business or stock of goods shall fail to withhold the purchase money as above provided, and the tax shall be due and unpaid after the fifteen-day period allowed, such purchaser shall be personally liable for the payment of the taxes unpaid by the former owner, and the liens created by Section 3.08.290 shall immediately attach to the personal property so purchased; provided, however, that the retailer so selling or quitting business shall not be relieved in any manner of his or her liability for payment of any of said taxes due. (Ord. 82-27 §1(part)) 3.08.330 – Notices. All notices required under this Chapter shall be in writing and, if sent by conventional or electronic mail to the last known address of the intended recipient, shall be deemed sufficient upon that mailing. Any period of time linked to a notice commences with the date listed on the notice, no matter how delivered. (Ord. 82-27 §1(part)) 3.08.340 - License and tax in addition to all other taxes. APPENDIX I TO ATTACHMENT A 29 The license and tax imposed by this Chapter shall be in addition to all other licenses and taxes imposed by law, except as herein otherwise provided. (Ord. 82-27 §1(part)) 3.08.350 – Administration; promulgation of rules; interpretation. (a) Administration of this Chapter’s provisions is vested in the Director, who may, with the approval of the Town Manager, prescribe forms and reasonable rules and regulations for the making of returns, for the ascertainment, assessment, and collection of the taxes imposed hereunder, and for the proper administration and enforcement of those taxes. In the event the Director wishes to create a rule or regulation with the binding force of law, he may do so by complying with the following: (1) Submit the proposed rule or regulation to the Town Attorney for legal review. No rule or regulation shall take effect without the approval of the Town Attorney. (2) Notify the Town Council of the proposed rule or regulation by a letter addressed to the Mayor, which the Town Clerk shall read or mention, at the Mayor’s discretion, at the next regularly scheduled Council meeting following the Mayor’s receipt of the letter. The Director shall include in that letter the following: a. The purpose of the rule or regulation; b. The cost of enforcing the rule or regulation and the anticipated benefits or revenue to be derived therefrom; and c. A general description of the industry or enterprises that will be affected, directly or indirectly, by the rule or regulation if different from the general tax-paying community. No rule or regulation shall take effect without the notice described herein being given to the Mayor. No Town Council action is required. (3) Publish the proposed rule or regulation on the Town’s website to be available for review by the public. The rule or regulation shall become effective sixty (60) days after posting on the Town’s website, unless otherwise stated in the rule or regulation. It shall then be unlawful to violate a rule or regulation adopted by the Director pursuant to this process. (4) Once fully adopted in the manner set out here, the Director shall file three (3) copies of the rule or regulation with the Town Clerk and one (1) copy each with the Town Attorney and with the executive director of the department of revenue of the State of Colorado; such filings shall constitute evidence for the presumption that the rule or regulation was duly adopted and promulgated in compliance with the foregoing procedures. (b) The Director shall interpret the Code, rules, and regulations for the purpose of administering this Sales Tax Code. The Director’s interpretation shall be presumed correct and given deference in any dispute unless that interpretation is inconsistent with the legislative intent manifested in the text of the Code, rules, or regulations. (Ord. 82-27 §1(part)) APPENDIX I TO ATTACHMENT A 30 3.08.360 - Sales tax—credit for sales or use taxes previously paid to another municipality. The Town's sales tax shall not apply to the sale of tangible property at retail or the furnishing of services to the extent the transaction was previously subjected to a sales or use tax lawfully imposed on the purchaser or user by another statutory or home rule municipality equal to or in excess of that provided for in Section 3.08.030. A credit shall be granted against the Town's lawfully imposed local sales tax in the amount of tax previously paid by the purchaser or user to the previous statutory or home rule municipality. The amount of the credit shall not exceed the Town's sales tax imposed pursuant to Section 3.08.030. (Ord. 86-2 §2) 3.08.370 – Inter-city claims for recovery. The intent of this Section is to streamline and standardize procedures related to situations where tax has been remitted to the incorrect municipality. It is not intended to reduce or eliminate the responsibilities of the taxpayer or vendor to correctly pay, collect, and remit sales taxes to the Town. (1) As used in this Section, claim for recovery means a claim for reimbursement of sales and use taxes paid to the wrong taxing jurisdiction. (2) When it is determined by the Director that sales tax owed to the Town has been reported and paid to another municipality, the Town shall promptly notify the vendor that taxes are being improperly collected and remitted, and that as of the date of the notice the vendor must cease improper tax collections and remittances. (3) The Town may make a written claim for recovery directly to the municipality that received tax and/or penalty and interest owed to the Town, or, in the alternative, may institute procedures for collection of the tax from the taxpayer or vendor. The decision to make a claim for a recovery lies in the sole discretion of the Town. Any claim for recovery shall include a properly executed release of claim from the taxpayer and/or vendor releasing its claim to the taxes paid to the wrong municipality, evidence to substantiate the claim and a request that the municipality approve or deny in whole or in part, the claim within ninety (90) days of its receipt. The municipality to which the Town submits a claim for recovery may, for good cause, request an extension of time to investigate the claim, and approval of such extension by the Town shall not be unreasonably withheld. (4) Within ninety (90) days after receipt of a claim for recovery, the Town shall verify to its satisfaction whether all or a portion of the tax claimed was improperly received and shall notify the municipality submitting the claim in writing that the claim is either approved or denied in whole or in part, including the reasons for the decision. If the claim is approved in whole or in part, the Town shall remit the undisputed amount to the municipality submitting the claim within thirty (30) days of approval. If a claim is submitted jointly by a municipality and a vendor or taxpayer, the check shall be made to the parties jointly. Denial of a claim for recovery may only be made for good cause. (5) The Town may deny a claim on the grounds that it has previously paid a claim for recovery arising out of an audit of the same taxpayer. APPENDIX I TO ATTACHMENT A 31 (6) The period subject to a claim for recovery shall be limited to the thirty-six-month period prior to the date the municipality that was wrongly paid the tax receives the claim for recovery. (Ord. 91-7 §6) 3.08.380 - Sales tax—collection—limitation of actions. (a) No sales tax, or interest thereon or penalties with respect thereto, shall be assessed, nor shall any notice of lien be filed, distraint warrant issued, suit for collection instituted, nor any other action to collect the same be commenced more than three (3) years after the date on which the tax was or is payable; nor shall any lien continue after such period, except for taxes assessed before the expiration of such period, notice of lien with respect to which has been filed prior to the expiration of such period, in which cases such lien shall continue only for one (1) year after the filing of notice thereof. This period of limitation shall not run for the audit period if written notice is given to the taxpayer prior to expiration of the limitation period that the taxpayer’s records will be audited. “Audit period” is the thirty-six (36) month reporting period just preceding an audit notice date. (b) If no return is filed or if a false or fraudulent return is filed with intent to evade tax then any tax owed plus penalty and interest may be assessed for any period of time without limitation, and proceedings for the collection of such taxes may be brought at any time. (Ord. 86-2 §3) 3.08.390 - Sales tax—standard reporting form. The Town shall use the standard municipal sales tax reporting form and any subsequent revisions thereto adopted by the Executive Director of the Department of Revenue by the first full month commencing one hundred twenty (120) days after the effective date of the regulation adopting or revising such standard form, or in the discretion of the Director, commencing with any prior full month subsequent to the effective date of the regulation. (Ord. 86-2 §11) 3.08.400 - Sales tax—collection—map of municipal boundaries. The Director shall make available to any requesting retailer a map showing the boundaries of the Town. The requesting retailer may rely on such map and any update thereof made available to such retailer in determining whether to collect a sales tax. No penalty shall be imposed nor deficiency action maintained against such a retailer who in good faith complies with the most recent map available. (Ord. 86-2 §12) 3.08.410 - Notice of amendment to sales and use tax ordinance. (a) In order to initiate a central register of sales and use tax ordinances for municipalities that administer local sales tax collection, the Director shall file with the Colorado Municipal League prior to the effective date of the ordinance codified in this Section a copy of the APPENDIX I TO ATTACHMENT A 32 Town sales and use tax ordinance reflecting all provisions in effect on the effective date of the ordinance codified in this Section. (b) In order to keep current the central register of sales and use tax ordinances for municipalities that administer local sales tax collection, the Director shall file with the Colorado Municipal League prior to the effective date of any amendment a copy of each sales and use tax ordinance amendment enacted by the Town. (c) Failure of the Town to file such ordinance or ordinance amendment pursuant to this Section shall not invalidate any provision of the sales and use tax ordinance or any amendment thereto. (Ord. 91-7 §11) 3.08.420 - Participation of Finance Director in simplification meetings. The Director shall cooperate with and participate on an as-needed basis with a permanent statewide sales and use tax committee convened by the Colorado Municipal League, which is composed of state and municipal sales and use tax officials and business officials. The committee will meet for the purpose of discussing and seeking resolution to sales and use tax problems which may arise. (Ord. 91-7 §12) APPENDIX I TO ATTACHMENT A 1 ORDINANCE 22-____ COUNCIL REPORT, ATTACHMENT B, APPENDIX 1 CHAPTER 3.08 - Sales Tax 3.08.010 - Words and phrases defined. The following words and phrases as used in this Chapter shall have the following meaning unless from the context it clearly appears that a different meaning is indicated: Auction means any sale where tangible personal property is sold by an auctioneer who is either the agent for the owner of such property or is in fact the owner thereof. Automotive vehicle means any vehicle or device in, upon or by which any person or property is or may be transported or drawn upon a public highway, or any device used or designed for aviation or flight in the air. Automotive vehicle includes, but is not limited to, motor vehicles, trailers, semi-trailers or mobile homes. Automotive vehicle shall not include devices moved by human power or used exclusively upon stationary rails or tracks. Business means all activities engaged in or caused to be engaged in with the object of gain, benefit or advantage, direct or indirect. Carrier access services means the services furnished by a local exchange company to its customers who provide telecommunications services which allow them to provide such telecommunications services. Charitable organization means any entity which h: a.Haas been certified as a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code, and b.Is an organization which exclusively, and in a manner consistent with existing laws and for the benefit of an indefinite number of persons or animals, freely and voluntarily ministers to ATTACHMENT B 2 the physical, mental or spiritual needs of persons or animals, and thereby lessens the burdens of government.. City or Town means the municipality of Avon. Coin-operated device means any device operated by coins or currency or any substitute therefor. Collection costs shall include, but is not limited to, all costs of audit, assessment, bank fees, hearings, execution, lien filing, distraint, litigation, locksmith fees, auction fees and costs, prosecution and attorney fees. Commercial packaging materials means containers, labels, and/or cases, that become part of the finished product to the purchaser, used by or sold to a person engaged in manufacturing, compounding, wholesaling, jobbing, retailing, packaging, distributing or bottling for sale, profit or use, and is not returnable to said person for reuse. Commercial packaging materials does not include commercial shipping materials. Commercial shipping materials means materials that do not become part of the finished product to the purchaser, which are used exclusively in the shipping process. Commercial shipping materials include but are not limited to containers, labels, pallets, banding material and fasteners, shipping cases, shrink wrap, bubble wrap or other forms of binding, padding or protection. Construction equipment means any equipment, including mobile machinery and mobile equipment, which is used to erect, install, alter, demolish, repair, remodel, or otherwise make improvements to any real property, building, structure, or infrastructure. Construction materials means tangible personal property which, when combined with other tangible personal property, loses its identity to become an integral and inseparable part of a completed structure or project including public and private improvements. Construction materials include, but are not limited to, such things as: asphalt, bricks, builders' hardware, ATTACHMENT B 3 caulking material, cement, concrete, conduit, electric wiring and connections, fireplace inserts, electrical heating and cooling equipment, flooring, glass, gravel, insulation, lath, lead, lime, lumber, macadam, millwork, mortar, oil, paint, piping, pipe valves and pipe fittings, plaster, plumbing fixtures, putty, reinforcing mesh, road base, roofing, sand, sanitary sewer pipe, sheet metal, site lighting, steel, stone, stucco, tile, trees, shrubs and other landscaping materials, wall board, wall coping, wall paper, weather stripping, wire netting and screen, water mains and meters and wood preserver. The above materials, when used for forms, or other items thatwhich do not remain as an integral and inseparable part of a completed structure or project, are not construction materials. Consumer means any person in the Town who purchases, uses, stores, distributes, or otherwise consumes tangible personal property or taxable services, purchased from sources inside or outside the Town. Contractor means any person who shall build, construct, reconstruct, alter, expand, modify, or improve any building, dwelling, structure, infrastructure, or other improvement to real property for another party pursuant to an agreement. For purposes of this definition, Contractor also includes subcontractor. Cover charge means a charge paid to a club or similar entertainment establishment which may, or may not, entitle the patron paying such charge to receive tangible personal property, such as food and/or beverages. Day means calendar day unless otherwise specified. Digital code means code that provides a buyer with a right to obtain one or more digital product. It may be obtained by any means, including in tangible form such as a card or on-line, such as through electronic mail or messaging. Digital product means an electronic product including, but not limited to: ATTACHMENT B 4 a. “Digital images,” which means works that include, but are not limited to, those generally recognized in the ordinary and usual sense as “photographs,” logos,” cartoons,” or drawings.” b. “Digital audio-visual works,” which means a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any. c. “Digital audio works,” which means works that result from the fixation of a series of musical, spoken or other sounds, including ringtones. For purposes of the definition of “digital audio works”, “ringtones” means digitized sound files that are downloaded onto a device and that may be used to alert the customer with respect to a communication. d. “Digital books,” which means works that are generally recognized in the ordinary and usual sense as “books.” Distribution means the act of distributing any article of tangible personal property for use or consumption, which may include, but not be limited to, the distribution of advertising gifts, shoppers’ guides, catalogs, directories, or other property given as prizes, premiums, or for goodwill or in conjunction with the sales of other commodities or services. Economic nexus means the connection between the Town and a person not having a physical nexus with the State of Colorado, which connection is established when the person or marketplace facilitator makes retail sales into the Town, and: a. In the previous calendar year, the person, which includes a marketplace facilitator, has made retail sales into the state exceeding the amount specified in C.R.S. § 39-26- 102(3)(c); or b. In the current calendar year, ninety (90) days has passed following the month in which the person, which includes a marketplace facilitator, has made retail sales into the state exceeding the amount specified in C.R.S. § 39-26-102(3)(c). ATTACHMENT B 5 This definition does not apply to any person who is doing business in this state but otherwise applies to any other person. Engaged in business in the Town means performing or providing services or selling, leasing, renting, delivering, or installing tangible personal property, products, or services for storage, use or consumption within the Town. Engaged in business in the Town includes, but is not limited to, any one (1) of the following activities by a person: a. Directly, indirectly or by a subsidiary maintains a building, store, office, salesroom, warehouse or other place of business within the Town of Avontaxing jurisdiction; b. Sends one (1) or more employees, agents or commissioned salespersons into the Town of Avontaxing jurisdiction to solicit business or to install, assemble, repair, service, or assist in the use of its products, or for demonstration or other reasons; c. Maintains one (1) or more employees, agents or commissioned salespersons on duty at a location within the Town of Avontaxing jurisdiction; d. Owns, leases, rents, or otherwise exercises control over real or personal property within the Town of Avontaxing jurisdiction; or e. A retailer who is physically present in Colorado but not in the Town of Avon and who, within any twelve-month period, makes more than one (1) retail-sale delivery into the Town by any means including common carrier or makes a single sale of at least $10,000 in the Town, delivered by any means including common carrier; or Makes more than one (1) delivery into the taxing jurisdiction within a twelve-month period; or f. Makes retail sales sufficient to meet the definitional requirements of economic nexus as set forth in this section. Finance Director, Director of Finance, or Director means the Finance Director of Avon or such other person designated by the municipality; Finance Director shall also include such person's designee. ATTACHMENT B 6 Food for home consumption means food for domestic home consumption as defined in 7 U.S.C. Section 2012(k)(2014)as amended, for purposes of the supplemental nutrition assistance program, or any successor program, as defined in 7 U.S.C. Section 2012(t), as amended, except that food does not include carbonated water marketed in containers; chewing gum; seeds and plants to grow food; prepared salads and salad bars; cold sandwiches; deli trays; and hot or cold beverages served in unsealed containers or cups that are vended by or through machines or non- coin-operated coin-collecting food and snack devices on behalf of a vendor. Gross sales means the total amount received in money, credit, property or other consideration valued in money for all sales, leases or rentals of tangible personal property or services. Internet access services means services that provide or enable computer access by multiple users to the Internet, but shall not include that portion of packaged or bundled services providing phone or television cable services when the package or bundle includes the sale of Internet access services. Internet subscription services means software programs, systems, data, and applications available online through rental, lease, or subscription, that provide information and services including, but not limited to, data linking, data research, data analysis, data filtering, or record compiling. License means an Avon sales tax license. Linen services means services involving the provision and cleaning of linens, including but not limited to rags, uniforms, coveralls, and diapers. Lodging services means the furnishing of rooms or accommodations by any person, partnership, association, corporation, estate, representative capacity or any other combination of individuals by whatever name known, to a person who for a consideration uses, possesses or has the right to use or possess any room in a hotel, inn, bed and breakfast, condominium unit, timeshare unit, residence apartment hotel, lodging house, motor hotel, guesthouse, guest ranch, trailer coach, mobile home, auto camp, trailer court and park or similar establishment, for a ATTACHMENT B 7 period of fewer than thirty (30) days under any concession, permit, right of access, license to use, other agreement or otherwise. Machinery means any apparatus consisting of interrelated parts used to produce an article of tangible personal property. The term includes both the basic unit and any adjunct or attachment necessary for the basic unit to accomplish its intended function. Manufacturing means the operation and performance of an integrated series of operations which places a product, article, substance, commodity, or other tangible personal property in a form, composition or character different from that in which it was acquired whether for sale or for use by a manufacturer. The change in form, composition or character must result in a different product having a distinctive name, character or use from the raw or prepared materials. Marketplace means a physical or electronic forum, including, but not limited to, a store, a booth, an internet website, a catalog, or a dedicated sales software application, where tangible personal property, taxable products, or taxable services are offered for sale. Marketplace facilitator: a. Means a person who: (1) Contracts with a marketplace seller or multichannel seller to facilitate for consideration, regardless of whether or not the consideration is deducted as fees from the transaction, the sale of the marketplace seller's tangible personal property, products, or services through the person's marketplace; (2) Engages directly or indirectly, through one (1) or more affiliated persons, in transmitting or otherwise communicating the offer or acceptance between a purchaser and the marketplace seller or multichannel seller; and (3) Either directly or indirectly, through agreements or arrangements with third parties, collects payment from the purchaser on behalf of the seller. ATTACHMENT B 8 b. Marketplace facilitator does not include a person that exclusively provides internet advertising services or lists products for sale, and that does not otherwise meet this definition. Marketplace seller means a person, regardless of whether or not the person is engaged in business in the Town, which has an agreement with a marketplace facilitator and offers for sale tangible personal property, products, or services through a marketplace owned, operated, or controlled by a marketplace facilitator. Medical supplies means prescription drugs for humans, prosthetic medical and dental appliances for humans and special beds for human patients with neuromuscular or similar debilitating ailments, when sold for the direct, personal use of a specific individual in accordance with a prescription or other written directive issued by a licensed practitioner of medicine, dentistry or podiatry; corrective eyeglass lenses (including eyeglass frames), and corrective contact lenses, when sold for the direct, personal use of a specific individual in accordance with a prescription or other written directive issued by a licensed practitioner of medicine or optometry; wheelchairs and crutches, when sold for the direct, personal use of a specific individual; oxygen and hemodialysis products for use by a medical patient, hearing aids, hearing aid batteries, insulin, insulin-measuring and -injecting devices, glucose to be used for treatment of insulin reactions and human whole blood, plasma, blood products and derivatives. This exemption excludes items purchased for use by medical and dental practitioners or medical facilities in providing their services, even though certain of those items may be packaged for single use by individual patients after which the item would be discarded. Mobile machinery and self-propelled construction equipment means those vehicles, self- propelled or otherwise, which are not designed primarily for the transportation of persons or cargo over the public highways, and those motor vehicles which may have originally been designed for the transportation of persons or cargo over the public highways, and those motor vehicles which may have originally been designed for the transportation of persons or cargo but which have been redesigned or modified by the mounting thereon of special equipment or machinery, and which may be only incidentally operated or moved over the public highways. This definition includes but is not limited to wheeled vehicles commonly used in the ATTACHMENT B 9 construction, maintenance and repair of roadways, the drilling of wells and the digging of ditches. Multichannel seller means a retailer that offers for sale tangible personal property, commodities, or services through a marketplace owned, operated, or controlled by a marketplace facilitator, and through other means. Newspaper means a publication, printed on newsprint, intended for general circulation and published regularly at short intervals, containing information and editorials on current events and news of general interest. The term newspaper does not include magazines, trade publications or journals, credit bulletins, advertising inserts, circulars, directories, maps, racing programs, reprints, newspaper clipping and mailing services or listings, publications that include an updating or revision service or books or pocket editions of books. Person means any individual, firm, partnership, joint venture, corporation, limited liability company, estate or trust, receiver, trustee, assignee, lessee or any person acting in a fiduciary or representative capacity, whether appointed by court or otherwise, or any group or combination acting as a unit. Photovoltaic System means a power system designed to supply usable solar power by means of photovoltaics, a method of converting solar energy into direct current electricity using semiconducting materials that create voltage or electric current in a material upon exposure to light. It consists of an arrangement of several components, including solar panels to absorb and convert sunlight into electricity, a solar inverter to change the electric current from DC to AC, as well as mounting, cabling, metering systems and other electrical accessories to set up a working system. Prescription drugs for animals means a drug which, prior to being dispensed or delivered, is required by the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sect. 301, et. seq. as amended, to state at a minimum the symbol "Rx Only", and is dispensed in accordance with any order in writing, dated and signed by a licensed veterinarian specifying the animal for which the medicine or drug is offered and directions, if any,; to be placed on the label. ATTACHMENT B 10 Prescription drugs for humans means a drug which, prior to being dispensed or delivered, is required by the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sect. 301, et. seq., as amended, to state at a minimum the symbol "Rx Only", and is dispensed in accordance with any written or electronic order dated and signed by a licensed practitioner of the healing arts, or given orally by a practitioner and immediately reduced to writing by the pharmacist, assistant pharmacist, or pharmacy intern, specifying the name and any required information of the patient for whom the medicine, drug or poison is offered and directions, if any, to be placed on the label. Price or purchase price means the aggregate value measured in currency paid or delivered or promised to be paid or delivered in consummation of a sale, without any discount from the price, on account of the cost of the materials uses, labor or service cost, and exclusive of any direct tax imposed by the federal government or by this Chapter, and, in the case of all retail sales involving the exchange of property, also exclusive of the fair market value of the property exchanged at the same time and place of the exchange, if: a. Such exchanged property is to be sold thereafter in the usual course of the retailer's business, or b. Such exchanged property is a vehicle and is exchanged for another vehicle and both vehicles are subject to licensing, registration, or certification under the laws of this State, including, but not limited to, vehicles operating upon public highways, off- highway recreation vehicles, watercraft, and aircraft. Any money or other consideration paid over and above the value of the exchanged property is subject to tax. Price or purchase price includes: a. The amount of money received or due in cash and credits; b. Property at fair market value taken in exchange but not for resale in the usual course of the retailer's business; c. Any consideration valued in money, whereby the manufacturer or someone else reimburses the retailer for part of the purchase price and other media of exchange; ATTACHMENT B 11 d. The total price charged on credit sales including finance charges which are not separately stated at the time of sale. An amount charged as interest on the unpaid balance of the purchase price is not part of the purchase price unless the amount added to the purchase price is included in the principal amount of a promissory note; except, the interest or carrying charge set out separately from the unpaid balance of the purchase price on the face of the note is not part of the purchase price. An amount charged for insurance on the property sold and separately stated at the time of sale is not part of the purchase price; e. Installation, applying, remodeling or repairing the property, delivery and wheeling-in charges included in the purchase price and not separately stated; f. Transportation and other charges to effect delivery of tangible personal property to the purchaser; g. Indirect federal manufacturers' excise taxes, such as taxes on automobiles, tires and floor stock; h. The gross purchase price of articles sold after manufacturing or after having been made to order, including the gross value of all the materials used, labor and service performed and the profit thereon. Price or purchase price shall not include: a. Any sales or use tax imposed by the State or by any political subdivision thereof; b. The fair market value of property exchanged if such property is to be sold thereafter in the retailer's usual course of business. This is not limited to exchanges in Colorado. Out- of-state trade-ins are an allowable adjustment to the purchase price; c. Discounts from the original price if such discount and the corresponding decrease in sales tax due is actually passed on to the purchaser, and the seller is not reimbursed for the discount by the manufacturer or someone else. An anticipated discount to be ATTACHMENT B 12 allowed for payment on or before a given date is not an allowable adjustment to the price in reporting gross sales. Prosthetic devices for animals means any artificial limb, part, device or appliance for animal use which replaces a body part or aids or replaces a bodily function; is designed, manufactured, altered or adjusted to fit a particular patient; and is prescribed by a licensed veterinarian. Prosthetic devices include but are not limited to: prescribed auditory, ophthalmic or ocular, cardiac, dental, or orthopedic devices or appliances, oxygen concentrators with related accessories. Prosthetic devices for humans means any artificial limb, part, device or appliance for human use which replaces a body part or aids or replaces a bodily function; is designed, manufactured, altered or adjusted to fit a particular patient; and is prescribed by a licensed practitioner of the healing arts. Prosthetic devices include but are not limited to: prescribed auditory, ophthalmic or ocular, cardiac, dental, or orthopedic devices or appliances, oxygen concentrators with related accessories. Purchase or sale means the acquisition for any consideration by any person of tangible personal property, other taxable products, or taxable services that are purchased, leased, rented, sold, used, stored, distributed, or consumed, but excludes a bona fide gift of property or services. These terms include capital leases, installment and credit sales, and property and services acquired by: a. Transfer, either conditionally or absolutely, of title or possession or both to tangible personal property, or other taxable products, or taxable services; b. A lease, lease-purchase agreement, rental or grant of a license, including royalty agreements, to use tangible personal property, other taxable products or taxable services, the utilization of coin-operated devices, except coin-operated telephones, which do not vend articles of tangible personal property shall be considered short-term rentals of tangible personal property; c. Performance of taxable services; or ATTACHMENT B 13 d. Barter or exchange for other tangible personal property or services, other taxable products, or services. The terms purchase and sale do not include: a. A division of partnership assets among the partners according to their interests in the partnership; b. The formation of a corporation by the owners of a business and the transfer of their business assets to the corporation in exchange for all the corporation's outstanding stock, except qualifying shares, in proportion to the assets contributed; c. The transfer of assets of shareholders in the formation or dissolution of professional corporations, if no consideration including, but not limited to, the assumption of a liability is paid for the transfer of assets; d. The dissolution and the pro rata distribution of the corporation's assets to its stockholders, if no consideration including, but not limited to, the assumption of a liability is paid for the transfer of assets; e. A transfer of a partnership interest or limited liability company; f. The transfer of assets to a commencing or existing partnership or limited liability company, if no consideration including, but not limited to, the assumption of a liability, is paid for the transfer of assets; g. The formation of a partnership by the transfer of assets to the partnership or transfers to a partnership in exchange for proportionate interests in the partnership; h. The repossession of personal property by a chattel mortgage holder or foreclosure by a lienholder; ATTACHMENT B 14 i. The transfer of assets from a parent company to a subsidiary company or companies which are owned at least eighty percent (80%) by the parent company, which transfer is solely in exchange for stock or securities of the subsidiary company; j. The transfer of assets from a subsidiary corporation or corporations which are owned at least eighty percent (80%) by the parent company to a parent company or to another subsidiary which is owned at least eighty percent (80%) by the parent company, which transfer is solely in exchange for stock or securities of the parent company or the subsidiary which received the assets; k. The transfer of assets between parent and closely held subsidiary companies, or between subsidiary companies closely held by the same parent company, or between companies which are owned by the same shareholders in identical percentage of stock ownership amounts, computed on a share-by-share basis, when a tax imposed by this Chapter was paid by the transferor company at the time it acquired such assets, except to the extent that there is an increase in the fair market value of such assets resulting from the manufacturing, fabricating or physical changing of the assets by the transferor company. To such an extent any transfer referred to in this Paragraph shall constitute a sale. For the purposes of this Paragraph, a closely held subsidiary company is one in which the parent company owns stock possessing at least eighty percent (80%) of the total combined voting power of all classes of stock entitled to vote and owns at least eighty percent (80%) of the total number of shares of all other classes of stock. Recreation services means all services relating to athletic or entertainment participation events, including but not limited to pool, golf, billiards, skating, tennis, bowling, health/athletic club memberships, coin-operated amusement devices, video games and video club memberships. Renewable energy means any energy resource that is naturally regenerated over a short time scale and derived directly from the sun (such as thermal, photochemical, and photoelectric), indirectly from the sun (such as wind, hydropower, and photosynthetic energy stored in biomass), or from other natural movements and mechanisms of the environment (such as ATTACHMENT B 15 geothermal and tidal energy). Renewable energy does not include energy resources derived from fossil fuels, waste products from fossil sources, or waste products from inorganic sources. Resident means a person who resides or maintains one (1) or more places of business within the Town, regardless of whether that person also resides or maintains a place of business outside of the Town. Retail sales means all sales except wholesale sales. Retailer or vendor means any person selling, leasing, renting, or granting a license to use tangible personal property or services at retail. Retailer shall include, but is not limited to, any: a. Auctioneer; b. Salesperson, representative, peddler or canvasser, who makes sales as a direct or indirect agent of or obtains such property or services sold from a dealer, distributor, supervisor or employer; c. Charitable organization or governmental entity which makes sales of tangible personal property to the public, notwithstanding the fact that the merchandise sold may have been acquired by gift or donation or that the proceeds are to be used for charitable or governmental purposes; d. Retailer-Contractor, when acting in the capacity of a seller of building supplies, construction materials, and other tangible personal property; e. Marketplace facilitator, marketplace seller, or multichannel seller. Retailer-Contractor means a contractor who is also a retailer of building supplies, construction materials, or other tangible personal property, and purchases, manufactures, or fabricates such property for sale (which may include installation), repair work, time- and- materials jobs, and/or lump sum contracts. ATTACHMENT B 16 Return means any form prescribed by the Town administration for computing and reporting a total tax liability. Sales tax means the tax that is collected or required to be collected and remitted by a retailer on sales taxed under this Code. Security system services means electronic alarm and/or monitoring services. Such term does not include non-electronic security services such as consulting or human or guard dog patrol services. Software program means a sequence of instructions that can be measured, interpreted and executed by an electronic device (e.g. a computer, tablets, smart phones) regardless of the means by which it is accessed or the medium of conveyance. Software program includes: (1) Custom software program, which is a software program prepared to the special order or specifications of a single customer; (2) Pre-written software program, which is a software program prepared for sale or license to multiple users, and not to the special order or specifications of a single customer. Pre-written software is commonly referred to as "canned," "off-the-shelf ("COTS")," "mass produced" or "standardized;" (3) Modified software, which means pre-written software that is altered or enhanced by someone other than the purchaser to create a program for a particular user; and (4) The generic term "software," "software application," as well as "updates," "upgrades," "patches," "user exits," and any items which add or extend functionality to e xisting software programs. Software as a service means software that is rented, leased, or subscribed to from a provider and used at the consumer's location, including but not limited to applications, systems, or programs. Software license fee means a fee charged for the right to use, access, or maintain software programs. Software maintenance agreement means an agreement, typically with a software provider, that may include: (1) provisions to maintain the right to use the software; (2) provisions for software upgrades including code updates, version updates, code fix modifications, ATTACHMENT B 17 enhancements, and added or new functional capabilities loaded into existing software, or (3) technical support. Software program means a sequence of instructions that can be measured, interpreted, and executed by an electronic device (e.g. a computer, tablets, smart phones) regardless of the means by which it is accessed or the medium of conveyance. Software program includes: (1) Custom software program, which is a software program prepared to the special order or specifications of a single customer; (2) Pre-written software program, which is a software program prepared for sale or license to multiple users, and not to the special order or specifications of a single customer. Pre-written software is commonly referred to as "canned," "off-the-shelf ("COTS")," "mass produced," or "standardized;" (3) Modified software, which means pre-written software that is altered or enhanced by someone other than the purchaser to create a program for a particular user; and (4) The generic term "software," "software application," as well as "updates," "upgrades," "patches," "user exits," and any items which add or extend functionality to existing software programs. Solar thermal systems means a system whose primary purpose is to use energy from the sun to produce heat or cold for: (1) Heating or cooling a residential or commercial building; (2) Heating or cooling water; or (3) Any industrial, commercial, or manufacturing process. Sound system services means the provision of broadcast or pre-recorded audio programming to a building or portion thereof. Such term does not include installation of sound systems where the entire system becomes the property of the building owner or the sound system service is for presentation of live performances. ATTACHMENT B 18 Storage means any keeping or retention of, or exercise dominion or control over, or possession of, for any length of time, tangible personal property not while in transit but on a stand still basis for future use when leased, rented, or purchased at retail from sources either within or without the Town from any person or vendor. Tangible personal property means personal property that can be one (1) or more of the following: seen, weighed, measured, felt, touched, stored, transported, exchanged, or that is in any other manner perceptible to the senses. Tax means the use tax due from a consumer or the sales tax due from a retailer or the sum of both due from a retailer who also consumes. Tax deficiency means any amount of tax, penalty, interest, or other fee that is not reported and/or not paid on or before the date that any return or payment of the tax is required under the terms of this Code. Taxable sales means gross sales less any exemptions and deductions specified in this Code. Taxable services means services subject to tax pursuant to this Code. Taxpayer means any person obligated to collect and/or pay tax under the terms of this Code. Telecommunications service means the service of which the object is the transmission of any two-way interactive electromagnetic communications, including but not limited to voice, image, data and any other information, by the use of any means, but not limited to wire, cable, fiber optical cable, microwave, radio wave or any combinations of such media, including any form of mobile two-way communication. Telecommunications service does not include separately stated non-transmission services which constitute computer processing applications used to act on the information to be transmitted. Television and entertainment services means audio or visual content, that can be transmitted electronically by any means, for which a charge is imposed. ATTACHMENT B 19 Therapeutic device means devices, appliances or related accessories that are sold to correct or treat a human physical disability or surgically created abnormality. Total tax liability means the total of all tax, penalties or interest owed by a taxpayer and shall include sales tax collected in excess of such tax computed on total sales. Use means the exercise, for any length of time by any person within the Town of any right, power or dominion over tangible personal property or services when rented, leased or purchased at retail from sources either within or without the Town from any person or vendor or used in the performance of a contract in the Town whether such tangible personal property is owned or not owned by the taxpayer. Use also includes the withdrawal of items from inventory for consumption. Wholesale sales means sale by wholesalers to retailers, jobbers, dealers or other wholesalers for resale and does not include a sale by wholesalers to users or consumers not for resale; latter types of sales shall be deemed to be retail sales and shall be subject to the provisions of this Chapter. Wholesaler means any person doing an organized wholesale or jobbing business and selling to retailers, jobbers, dealers or other wholesalers, for the purpose of resale, and not for storage, use, consumption or distribution. ( Ord. No. 20-09 , § 2; Ord. 17-04 §2(Exh.A); Ord. 93-6 §1; Ord. 91-7 §1) 3.08.020 - Taxable items. There shall be collected and paid as a tax the amounts stated in Section 3.08.030 upon the following: (1) TOn the purchase price paid or charged upon all retail sales and purchases of tangible personal property within the boundaries of the Town; ATTACHMENT B 20 (2) TUpon the amount paid for all meals, including cover charges, if any, furnished in any restaurant, eating house hotel, drugstore, club, resort, or such place at which meals or food are sold to the public. (3) TUpon the rental fee, price, or other consideration paid for the rental of any tangible personal property within the boundaries of the Town. Rentals shall include, but not be limited to, ski rentals, car rentals, and VCR rentals and cassette tape rentalsDVD rentals.. Such rentals, for all purposes of this Chapter, shall be deemed to be sales as defined in Section 3.08.010. (4) TUpon the purchase price paid or charged upon all retail sales and purchases of tobacco products as defined Section 5.10.030. (5) Upon the purchase price paid or charged upon all marketplace sales: (a) (1) A marketplace facilitator engaged in business in the Town is required to collect and remit sales tax on all taxable sales made by the marketplace facilitator, or facilitated by it for marketplace sellers or multichannel sellers to customers in the Town, whether or not the marketplace seller for whom sales are facilitated would have been required to collect sales tax had the sale not been facilitated by the marketplace facilitator. (2) A marketplace facilitator shall assume all the duties, responsibilities, and liabilities of a retailer or vendor as defined by Section 3.08.010. Marketplace facilitators shall be liable for the taxes collected from marketplace sellers or multichannel sellers. The Town may recover any unpaid taxes, penalties, and interest from the marketplace facilitator that is responsible for collecting on behalf of marketplace sellers or multichannel sellers. (3) The liabilities, obligations, and rights set forth under this article are in addition to any duties and responsibilities of the marketplace facilitator has under this article if it also offers for sale tangible personal property, products, or services through other means. ATTACHMENT B 21 (4) A marketplace seller, with respect to sales of tangible personal property, products, or services made in or through a marketplace facilitator's marketplace, does not have the liabilities, obligations, or rights of a retailer under this article if the marketplace seller can show that such sale was facilitated by a marketplace facilitator: a. With whom the marketplace seller has a contract that explicitly provides that the marketplace facilitator will collect and remit sales tax on all sales subject to tax under this article; or b. From whom the marketplace seller requested and received in good faith a certification that the marketplace facilitator is registered to collect sales tax and will collect sales tax on all sales subject to tax under this article made in or through the marketplace facilitator's marketplace. (5) If a marketplace seller makes a sale that is not facilitated by a licensed marketplace facilitator in a marketplace, the marketplace seller is subject to all of the same licensing, collection, remittance, filing and recordkeeping requirements as any other retailer.. (b) Auditing. With respect to any sale, the Town shall solely audit the marketplace facilitator for sales made by marketplace sellers or multichannel sellers but facilitated by the marketplace. The Town will not audit or otherwise assess tax against marketplace sellers or multichannel sellers for sales facilitated by a marketplace facilitator. ( Ord. No. 20-09 , § 3; Ord. No. 19-02 , § 2; Ord. 85-27 §1; Ord. 82-27 §1(part)) 3.08.030 - Sales tax levy. ATTACHMENT B 22 (a) There is imposed upon all sales of all items specified in Section 3.08.020 within the boundaries of the Town a tax equal to four percent (4%) of gross receipts derived from sales of tangible personal property and taxable services pursuant to this Chapter except that the sales tax imposed on tobacco products shall be forty percent (40%). Notwithstanding the foregoing, cigarettes shall not be subject to the sales tax imposed hereunder, but shall be subject instead to the cigarette excise tax imposed pursuant to Section 3.10.020. (b) A sales tax is also imposed In addition to the tax levied by subsection (a) of this section, there is also levied a tax, based upon the rental fee, price, or other consideration paid or received therefor, upon lodging services. This tax shall be levied irrespective of the location from which the reservation for the lodging, rental, or lease is actually made. The tax levied shall be based on the same schedule as is set forth in subsection (a) of this Section, and the person, partnership, corporation, or other entity making such rooms available shall, for all purposes of this Chapter, be deemed to be a retailer as defined in Section 3.08.010. (c) The retailer shall add the tax imposed thereto to the sale or charge of the item sold, showing such tax as a separate and distinct item, and, when added, such tax shall constitute a part of such price or charge, shall be a debt from the purchaser to the retailer until paid, and shall be recoverable at law in the same manner as other debts. A retailer selling malt, vinous, or spirituous liquors by the drink or vending items through coin-operated vending machines may include in the drink or vended-item purchase price the tax imposed by this chapter, but such retailer shall not advertise or hold out to the public that the tax is absorbed or otherwise not included as part of the sales price to the consumer. (d) In lieu of the tax levied by subsection (a) of this Section, there is levied upon all sales of electrical energy, gas, steam or other heat, and telegraph or telephone services within the boundaries of the Town a tax equal to one percent (1%) of the gross receipts derived from sales of these services. Said tax shall be imposed on to the sale or charge of the service, showing such tax as a separate and distinct item, and, when added, such tax shall constitute a part of such price or charge. This tax shall be in addition to any franchise tax which is levied against said utilities. ATTACHMENT B 23 (e) It shall be unlawful for a retailer not to collect and for a purchaser not to pay any sales tax levied by this Section. (f) Specific transactions subject to tax include, but are not limited to, the following: (1) Sales of tangible personal property, including food or drink, dispensed from a coin- operated device, also known as vending machine. (2) Sales of software programs, software as a service, software license fees, and software maintenance agreements. (3) Sales of tangible personal property by a retailer-contractor, the total price of which shall be subject to sales tax, excluding only separately stated labor and installation charges if any. (4) Internet subscription services. (5) Sales of digital product and digital code. Digital product is a form of tangible personal product, the taxability of which is not impacted by the method of delivery. Examples of delivery methods include but are not limited to compact disc, electronic download, and internet streaming. (6) Show sales or rental made through a cable television system. (7) Pay-per-view show sales or rental. (8) Linen services. (9) Security system services. (10) Sound system services. (Ord. No. 19-02 , §3; Ord. 91-7 §2; Ord. 85-24 §1; Ord. >No. 19-10 §2) ATTACHMENT B 24 3.08.035 - Tax credit for The Village (at Avon). Notwithstanding any other provisions of this Chapter, there shall be granted to each person owing the tax on sales consummated within The Village (at Avon) a temporary tax credit against collection of the tax equal to the amount of any Rretail Ssales Ffee paid by or on behalf of such person for that same sale. The amount of the credit shall not exceed the amount of the tax owed. This credit shall expire with the termination of the Retail Sales Fee as set out in the Consolidated, Amended and Restated ANo such credit shall be granted subsequent to termination of the collection of the retail sales fee pursuant to the annexation and Ddevelopment Aagreement for The Village (at Avon), as recorded with Eagle County on August 1, 2014. Neither the ability of the Town to grant the temporary tax credit nor the termination of the tax credit shall constitute a tax increase, the imposition of a new tax, or a tax policy change. (Ord. 02-06 §1; Ord. 99-02 §4) 3.08.036 - Tax credit for Community Housing. Notwithstanding any other provision of this Chapter, there may be granted a sales tax credit to each person owing tax on the sale of building materials and fixtures used in a Community Housing project provided that such sales tax credit is approved by Council by resolution in accordance with Chapter 3.14. Neither the ability of the Town to grant this tax credit nor the repeal or termination of this tax credit shall constitute a tax rate increase, the imposition of a new tax or a tax policy change. (Ord. No. 19-01 , §2) 3.08.037 - Temporary tax credit for renewable energy production components. Notwithstanding any other provision of this Chapter, there shall be granted a temporary sales tax credit to each person owing tax on the sale of components used in the production of electricity, generation of heat or cooling of air, from a renewable energy source, including but not limited to wind, solar, solar thermal systems, and geothermal energy systems, provided that this temporary tax credit shall commence on the effective date of this ordinance and shall ATTACHMENT B 25 continue until December 31, 20241, whereupon this temporary tax credit shall automatically expire unless extended by adoption of an ordinance. Neither the ability of the Town to grant the temporary tax credit nor the termination of the credit shall constitute a tax increase, the imposition of a new tax or a tax policy change. (Ord. No. 18-15 , §2; Ord. 16-03 §2) 3.08.040 – Place of sale – Destination sourcing (a) A purchase or sale is deemed to occur where transfer of possession of taxable property, or consumption of a taxable service, first occurs. (b) The following rules shall be used to establish that site of transfer: (1) If a purchaser takes possession of property or consumes services at the physical location of the retailer, then the sale occurs there and that location’s tax applies. (2) If a purchaser takes possession of property or consumes services at a place other than the retailer’s physical location, then the sale is deemed to occur in the following locations in descending order of application: a. An address to which property is delivered, or services are consumed, no matter the method of delivery; b. The purchaser’s business or residential address if known from an ordinary course of business with the retailer; c. The purchaser’s payment instrument address; or, d. The address from which property is shipped. ATTACHMENT B 26 (3) If the purchaser designates delivery to another recipient, then the sale is deemed to occur at the location that recipient first takes possession of the property or consumes the service. (c) These rules do not apply if the address is used in bad faith. They apply to both in-state and out-of-state sale sites. (d) Digital product and code sales shall be sourced as follows: (1) The sale is presumed to be made at the customer tax address. (2) “Customer tax address,” as used here means, in descending order of application: a. The retailer’s business location if the product or code is received there; b. The primary use location, if the retailer knows that address; c. The location where the digital product is received by the purchaser or designee, if that address is known to the retailer and is maintained in the ordinary course of the retailer’s business; d. An address for the purchaser available from the retailer’s business records maintained in the ordinary course of business, if the address does not constitute bad faith; e. The purchaser’s address provided during consummation of the sale, including the address of the purchaser’s payment instrument, when use of that address does not constitute bad faith; or f. The location in the United States of the retailer’s business headquarters; or, if unavailable, the location in the United States where the retailer has the greatest number of employees; or, if unavailable, the location in the United ATTACHMENT B 27 States from which the retailer makes digital products and code available for electronic transfer. (3) “Primary use location,” as used here, means the physical address where use of the product or code will primary occur, as determined by: a. The residential or business street address of the actual end user, including, if applicable, any recipient designated by the purchaser; or b. If the purchaser is not an individual, the location of the purchaser’s employees or equipment that makes use of the digital product. (e) The Director may develop additional sourcing rules, consistent with this Section, as needed to administer this Chapter. 3.08.05040 - Exempt items. The sale of the following classes of tangible personal property are exempt from the tax imposed by Section 3.08.030. (1) Motor vehicles, trailers, and semi-trailers, registered outside of of the Town; (2) Sales of tangible personal property where both the following conditions exist: a. The sales are to personsarties who are residents of, or doing business in, the State but outside ofthe Town, and b. The articles purchased items are to be delivered to the consumerpurchaser outside the Town boundaries by comm by any method, including common or contract carrier, or by the seller conveyance of the seller or by U.S. mail. (3) FSale of fuel used for the operation of internal combustion engines; (4) Medical supplies, prosthetic devices for humans, and therapeutic devices; ATTACHMENT B 28 (5) GSales of goods manufactured within the Town and sold directly by the manufacturer to a common carrier operating in interstate commerce as the ultimate consumer thereof; (6) Sales of cable television services; (67) For transactions consummated on or after January 1, 1986, the following is exempt from the Town's sales tax: the sale of cConstruction and building materials, as the term is used in Section 29-2-109, C.R.S., if such materials are picked up by the purchaser and if the purchaser of such materials presents to the retailer a building permit or other documentation acceptable to the Town evidencing that a local use tax has been paid or is required to be paid; (78) Commercial packaging materials; and (89) Newspapers as defined in Section 3.08.010. , as defined by Section 24-70-102, C.R.S., 1973. ( Ord. 17-04 §3; Ord. 91-7 §§3, 4; Ord. 85-28 §1, 1985; Ord. 82-27 §1(part)) 3.08.0650 - Exempt taxpayers. (a) Sales to the following classes of taxpayers shall be exempt from the tax imposed by this Chapter: (1) Sales to the United States government; to the State, its departments or institutions and to the political subdivisions thereof, in their governmental capacity only; in all sales to the Town; providing, however, that no commercial, industrial or other banking institution, organized or chartered by the United States government, any agency or department thereof, or by the State, shall be considered a governmental institution for the purpose of this exemption; and ATTACHMENT B 29 (2) Sales by or to religious, charitable and eleemosyn organizationsary institutions, in the conduct of their regular religious, charitable and eleemosynary functions and activities.; (b) (3) Nothing herein contained shall be deemed to exempt from the tax levied by this Chapter, sales of building material or supplies to be used by a contractor for the construction of an improvement for any of the institutions or agencies enumerated in subsection (2) above. (c) Taxpayers entitled to exemption hereunder may apply to the Town for an Exemption Certificate, which certificate shall serve as notice to all retailers of the Taxpayer’s exemption status under this Section. ( Ord. 16-08 §2; Ord. 93-6 §2; Ord. 82-27 §1(part)) 3.08.0760 - Burden of proving exemptions—disputes. The burden of proof that any retailer is exempt from collecting and remitting tax, or filing a return, pursuant to this Chapter is on the upon any goods sold and paying same to the Director of Finance, or from retailer asserting such exemptionmaking return for the same, shall be on the retailer under such reasonable requirements of proof as the Director may prescribe. A purchaser claiming an exemption disputed by a retailer may pay the tax under protest and apply for refund pursuant to Section 3.08.160. Should a dispute arise between any purchaser and seller as to whether or not any retail sale is exempt from taxation hereunder, nevertheless, the seller shall collect and the purchaser shall pay such tax; and the seller shall thereupon issue to the purchaser a receipt, or certificate, on forms prescribed by the Director, showing the names of the seller a nd purchaser, the items purchased, the date, price, amount of tax paid and a brief statement of the claim of exemption. The purchaser thereafter may apply to the Director for a refund of such taxes, and it shall then be the duty of the Director to determine the question of exemption. In the event the Town refunds taxes pursuant to exemption, In any case where the Town refunds any ATTACHMENT B 30 taxes, it may collect from the retailer anythe amount of taxes retained by him or her as a fee which is attributable to the transaction. (Ord. 82-27 §1(part)) 3.08.0870 - Unlawful to advertise absorption of tax. It is unlawful for any retailer to advertise, to hold out, or to state to the public or to any consumer, directly or indirectly, that the tax or any part thereof imposed by this Chapter will be assumed or absorbed by the retailer, or that it will not be added to the selling price of the property sold; or if added, that any part thereof will be refunded. (Ord. 82-27 §1(part)) 3.08.0980 -– Sales Tax LicenseLicense for retailer. (a) It is unlawful for any person to be engaged in business in the Town as defined at Section 3.08.010 by way of making retail sales the business of making retail sales, as the same is defined in this Chapter, without first having oobtaininged a sales tax license therefor, which license shall be granted and issued by the Director of Finance, and shall remainbe in force and effect until suspended or revoked. (b) The Director may suspend or revoke a sales tax license for persistent violation of this Code. The Director shall first notify the licensee in writing of an intention to suspend or revoke the license, giving the licensee 30 days to remedy the violations. If no remedy is made, the Director may suspend or revoke this license upon final notice to the licensee. A licensee who disputes the Director’s final notice may appeal as set out at Section 5.04.120 of the Avon Municipal Code. (Ord. 82-27 §1(part)) 3.08.100090 - When license not required. ATTACHMENT B 31 No license shall be required for any person engaged exclusively in the business of selling itemscommodities which are exempt from taxation under this Chapter. (Ord. 82-27 §1(part)) 3.08.1100 - Itinerant vendors. Any retailer who does not intend to be actively engaged in selling for a period greater than three (3) consecutive months, shall, prior to obtaining said license, deposit with the Director of Finance, a cash or surety bond in the amount of sixty dollars ($60.00) for the benefit of the Town, in such form as may be approved by the Director of Finance, which bond shall be conditioned upon and authority for the payment of the retail sales taxes due or to become due. Such retailers shall make reports of the amount of taxes collected, and shall pay the same to the Town upon such forms and at such items as the Director of Finance may require. A failure to make such report or to pay any tax due at the time specified shall cause an immediate suspension to the license and the forfeiture of the bond posted. Any retailer who does not intend to be actively engaged in selling for a period greater than three (3) consecutive months must first obtain an itinerant-vendor sales tax license and deposit with the Director a cash bond in the amount of one hundred dollars ($100.00) for the benefit of the Town, in such form as may be approved by the Director, which bond shall be conditioned upon, and authority for, the payment of the retail sales taxes due or to become due. Such itinerant vendors shall make reports of the tax collected and shall remit the same to the Town upon such forms and at such times as the Director may require. A failure to make such report or to pay any tax due at the time specified shall cause an immediate suspension to the license and forfeiture of the bond posted. 3.08.120 - Duty to keep books and records. It shall be the duty of every person required to obtain a Sales Tax License to keep and preserve suitable records of all sales made by him or her, plus such other books or accounts as may be necessary to determine the amount of tax he or she may be liable for. It shall be the duty of every such person to keep and preserve for a period of three (3) years all invoices of goods ATTACHMENT B 32 and merchandise purchased for resale. All such books, invoices, accounts, and other records as required herein shall be open for examination at any time by the Director or his or her duly authorized agents. (Ord. 82-27 §1(part)) 3.08.1320 - Sales tax return. (a) Every person, partnership or corporation required to obtain a Ssales Ttax Llicense pursuant to the provisions of Section 3.08.080 090 shall file a sales tax return, upon forms approved by the Director of Finance, on or before the twentieth day of each calendar month for the sales activities of the preceding calendar month; providing, however, thatt, if the accounting methods regularly employed by the retailerlicensed retailer in the transaction of his or her business, or other conditions, are such that reports of sales made on a calendar- monthly basis will impose unnecessary hardship, the Director may, in his or her sole discretionupon request of such retailer, accept reports at a differentsuch intervals so long as the change will as will, in his or her opinion, better suit the convenience of the taxpayer, and will not jeopardize the collection of the tax; and provided further, that a retailer doing business in two (2) or more places or locations may file one (1) return covering all such business activities in the Town. (b) The returns so filed shall contain such information as may enable the Director to accurately determine the amount of tax collected by the person, partnership or corporation filing the return, but, in all cases, shall contain the following information: (1) The amount of gross taxable sales made for which the return is filed; (2) The total sales price of all property returned by the purchaser as a result of a return of goods sold by the retailer, provided the original sale was a taxable transaction; (3) The total, fair market value of any property received by the retailer resulting fromas a result of an exchange of property, provided the property so received is held by the ATTACHMENT B 33 retailer to be sold or leased to a user or consumer in the regular course of his or her business; (4) The total amount of retail sales which are exempt from the tax pursuant toimposed by Section 3.08.030 by reason of the provisions of Sections 3.08.0540 and 3.08.0650; (5) The total amount of sales made on credit, the obligation for which is not secured by a conditional sales contract, chattel mortgage, or other security instrument entitling the retailer to repossess the item sold, which credit sales are found to be worthless and are deductiblewhich may be deducted as bad debts on the retailer's federal income tax return. (c) The return shall be accompanied by an amount equal to the sales tax required to be collected by the retailer but which, shall notin no case, shall be less than the amount actually collected, nor less than four percent (4%) of the figure derived by subtracting from the gross taxable sales the total amount of as reflected on the return, the total sales described in subsections (b)(2), (3), (4) and (5) of this Section, all as reflected on the return. (d) All other persons, partnerships and corporations shall pay to the Director the amount of any tax due under the provisions of Section 3.08.030 not less than fifteen (15) days after the date that the tax becomes due. 3.08.140 – Unlawful Acts It is unlawful for any person to fail to perform any affirmative duty required by this Chapter, or to willfully make, prepare, or submit a tax return or other document containing any false statement, or to willfully make a false statement in any investigation or hearing, which may affect the tax liability of any person, or to violate a rule or regulation promulgated pursuant to Section 3.08.350. (Ord. 87-24 §1; Ord. 83-14 §1; Ord. 82-27 §1(part)) 3.08.1530 - Examinations of returns—refunds—deficiencies—notice of protestappeal. ATTACHMENT B 34 (a) (a) As soon as practicable after any sales tax return is filed, the Director of Finance shall examine it, and if it then appears that the correct amount of tax to be remitted is greater or less than that shown in the return, the tax shall be recomputed. (b) If the amount paid exceeds that which is due, the excess shall be refunded or credited against any subsequent remittance from the same taxpayer.The Director may examine any return to assess the accuracy of amounts remitted. (b) If the amount remitted is more than is due under the return, the Director may, in his or her sole discretion, credit the entire amount against future tax obligations unless the taxpayer seeks refund. If the Director notifies a taxpayer of any overpayment, the taxpayer may submit a refund claim or file an amended return within thirty (30) days of such notice, after which time the right to a refund shall terminate. (cc) If the amount paid is less than the amount due, , or if the Director of Finance determines that any amount of sales tax is due and unpaid, for any reason, then the Director shall send a notice of deficiency and demand for payment to the taxpayer, including interest and penaltythe difference between the amount paid and the amount owed to the Town, together with interest thereon at the rate of one and one-half percent (1½%) per month from the. Payment shall be due within time the return was due (unless provided otherwise herein), shall be paid by the vendor within fifteen (15) days of the date of the notice.after written notice and demand to him or her from the Director of Finance. (dd) If the taxpayer disputes an amount demanded by the Director, the taxpayer shall provide the Director with a written protest within thirty (30) days of the Director’s notice and demand. The protest shall identify the amount of tax disputed, including specific grounds for dispute, and shall request a hearing before the Director. An appeal of a notice of assessment, or demand issued to a vendor or taxpayer for failure to file a return, underpayment of tax owed or as a result of an audit shall be submitted in writing to the ATTACHMENT B 35 Finance Director within twenty (20) calendar days from the date of the notice of assessment or demand. Any such appeal shall identify the amount of tax disputed and the basis for the appeal.This protest process, and that of any related appeal, shall be in accordance with Section 29-2-106.1, C.R.S. (e) Payment of a bond or tax in lieu made pursuant to appeal shall be as set out in Sections 29-2- 106.1(3) and (8), C.R.S. (Ord. 91-7 §7; Ord. 86-2 §14: Ord. 82-27 §1(part)) Sec. 3.08.160 – Refunds - procedure; taxes paid under protest or by mistake. (a) A consumer claiming an exemption disputed by a retailer may pay the tax under protest. Applications for a refund of such a protested tax must be made within sixty (60) days after the sale or event for which an exemption is claimed and must be supported by the consumer’s affidavit plus the original paid invoice or sales receipt and certificate issued by the seller plus additional information as the Director may request. (b) A taxpayer claiming refund for tax paid by mistake or in error must make that claim within three (3) years from the date of sale. A consumer seeking such refund must first request it from the retailer collecting the tax and provide the Director with the reason the retailer denied the claim. (c) All claims for refund shall be upon forms prescribed by the Director and made in such manner as required by the Director. The Director shall promptly review refund claims and issue a denial in writing, stating the reason therefor, or provide the funds requested, after applying any refund amount against outstanding tax liabilities. (d) If a taxpayer disputes a refund denial, the taxpayer shall provide the Director with a written protest, filed within thirty (30) days of the Director’s notice. The protest shall identify specific grounds for dispute, including any necessary documentation, and shall request a ATTACHMENT B 36 hearing before the Director. This protest process, and that of any related appeal, shall be in accordance with Section 29-2-106.1, C.R.S. (Ord. 91-7 §§9, 10; Ord. 82-27 §1(part)) Sec. 3.08.170 - Refund not assignable; retailer may file claim. (a) The right of any person to a refund shall not be assignable, and application must be made by the same person who purchased the goods and paid the tax thereon, as shown by the sales invoice or other appropriate document, except that a retailer may claim a refund on behalf of a consumer if: 1. The consumer could file a refund claim on his or her own behalf; and 2. The retailer establishes to the Director’s satisfaction that the retailer has paid or will pay the amount claimed to the consumer. (b) No retailer shall be compelled to file a refund claim pursuant to this Chapter. (Ord. 82-27 §1(part)) 3.08.18040 -– Penalty and interest—disregard for rules. on late returns and tax deficiencies (a) If a tax return is filed late, or a tax payment is made late, then a one-time penalty of the greater of $15 or 10% of the tax due shall be added to the total tax obligation. (b) If a tax payment made is less than the amount owed, and the deficiency is any part of the deficiency is due to negligence or intentional disregard of authorized rules and regulations but with knowledge thereof, but without intent to defraud,, then simple interest shall be charged there shall be added ten percent (10%) of the total amount of the deficiency; and in such case, interest shall be collected on the deficiency amount at the rate of one and one-half percent (1½%) per month, commencing on the date the on the amount of the deficiency from the time the payment was firstreturn was due unless that payment due date is extended ATTACHMENT B 37 by the Director. A one-time penalty of the greater of $15 or 10% of the tax due shall be added to the total tax obligation. (c) If a tax payment made is less than the amount owed, and the deficiency is due to fraud with the intent to evade tax, a penalty of one hundred percent (100%) of that part of the tax deficiency amount shall be added to the total tax obligation including the penalty and interest required by subsections (a) and (b), plus additional interest charge of three percent (3.%) per month added from the date the payment was first due. (d) Interest shall be paid upon notice and demand. It shall be assessed, collected, and paid in the same manner as the tax to which it applies. (e) If any portion of tax is satisfied by overpayment credit, then interest may be imposed only on tax due net of overpayment credit applied. , from the person required to file the return, which interest and addition shall become due and payable within fifteen (15) days after written notice and demand by the Director of Finance. (Ord. 82-27 §1(part)) 3.08.150 - Penalty—fraud. If any part of the deficiency is due to fraud with the intent to evade the tax, then there shall be added fifty percent (50%) of the total amount of the deficiency, and in such case the whole amount of the tax unpaid, including the additions, shall become due and payable fifteen (15) days after written notice and demand by the Director of Finance, and an additional one and one- half percent (1½%) per month on said amounts shall be added from the date the return was due until paid. (Ord. 82-27 §1(part)) 3.08.190 - Estimated taxes and assessment thereof. (a) If any person neglects or refuses to make a return for, or payment of, any of the taxes levied by this Chapter when the same become due, the Director shall, no sooner than five (5) days after the return or payment due date, give written notice to the person responsible for ATTACHMENT B 38 making the return or paying the taxes, which notice shall state that the same must be filed or paid within fifteen (15) days from the date of the notice. (b) If the return is not filed or taxes not paid within fifteen (15) days of the date of notice, the Director may make an estimate, based upon such information as may be available, of the amount of taxes due for the period or periods for which the taxpayer is delinquent and shall add a penalty in an amount equal to the greater of $15 or ten percent (10%) of the estimated tax, together with simple interest on the estimated tax at the rate of one and one-half percent (1½%) per month from the due date thereof. The Director may assess this tax, penalty, and interest against the delinquent taxpayer by giving the taxpayer written notice and demand for payment, which shall require the taxpayer, within ten (10) days of the date of the notice, to either pay the assessed amount or petition for correction. Any such petition for correction shall be in writing, and any facts or figures in support thereof shall be submitted upon the oath of the taxpayer. The Director shall consider a petition for correction and make a final decision as to the proper amount of taxes, penalty, and interest due. (c) If a taxpayer disputes an estimated-tax decision, the taxpayer shall provide the Director with a written protest, filed within thirty (30) days of the Director’s final decision. The protest shall identify the amount of tax disputed, including specific grounds for dispute, and shall request a hearing before the Director. This protest process, and that of any related appeal, shall be in accordance with Section 29-2-106.1, C.R.S. (Ord. 83-14 §2: Ord. 82-27 §1(part)) 3.08.200 – Jeopardy assessment. (a) Jeopardy Enforcement: If the Director finds that collection of tax will be jeopardized by delay, the Director may, in his or her sole discretion, declare the taxable period immediately terminated, determine the tax owed, and issue notice and demand for payment thereof, which tax will then be due and payable forthwith. The Director may proceed immediately to collect such tax by distraint as provided in Section 3.08.300. ATTACHMENT B 39 (b) Immediate Enforcement Action: In any other case in which it appears that the revenue is in jeopardy, the Director may immediately issue a demand for payment, making the tax due and payable forthwith. The Director may proceed immediately to collect such tax by distraint as provided in Section 3.08.300. (c) Security for payment: Collection under either subsection (a) or (b) may be stayed if the taxpayer gives security for payment satisfactory to the Director. 3.08.210160 - Service charge—returned checks. If a physical check in payment of any sales or use tax is returned unpaid, a processing charge of fiftyve dollars ($50.00) will be added to any amount due and owing. (Ord. 82-27 §1(part)) 3.08.220170 - Investigation of retailer's books. For the purpose of ascertaining the correctness of a return, or for the purpose of determining the amount of tax due from any taxpayer, the Director of Finance may hold investigations and hearings concerning any matters covered by this Section, and may examine any relevant books, papers, records, or memoranda of any such person, requiring the attendance of such taxpayer, or any officer or employee of such taxpayer, or of any person having knowledge of such sales, and taking such testimony and proof as may be necessary to properly ascertain any tax liability. The Director shall have power to administer oaths to any person in the course of such investigations or hearings. Production of documents and attendance of witnesses shall be requested by the Director on his or her own motion or on motion of any party; any request for production or attendance shall inform persons that compliance is voluntary but that, if the request is not complied with, the Director may issue a subpoena.apply to the Municipal Judge for issuance of a subpoena. (Ord. 83-28 §1; Ord. 82-27 §1(part)) ATTACHMENT B 40 3.08.230 - Subpoena. The Director may issue a subpoena to command a person to attend and give testimony or to produce books, accounts, and records. (a) Any subpoena issued under the terms of this section shall be served as set forth in the Colorado Rules of Civil Procedure, including payment of witness fees. When the witness is subpoenaed at the Town’s insistence, such fees shall be paid by the Town. When a witness is subpoenaed at the taxpayer’s insistence, the cost of service and witness fee shall be paid by the taxpayer, from whom the Town may first require a deposit to cover those costs and fees. (b) It shall be unlawful to fail to attend, give testimony, or produce books, accounts, and records as commanded in a duly issued and served subpoena. In addition to the imposition of penalties for violating this section, the municipal court is authorized to issue an order requiring compliance with the subpoena, which order shall be enforceable by contempt proceedings. (Ord. 83-28 §3: Ord. 82-27 §1(part)) 3.08.240180 - Coordinated audit procedures. (a) Any taxpayer licensed in this Town pursuant to Section 3.08.0980, and holding a similar sales tax license in at least four (4) other Colorado municipalities that administer their own sales tax collection, may request a coordinated audit as provided in this Section. (b) Within fourteen (14) days of receipt of notice of an intended audit by any municipality that administers its own sales tax collection, the taxpayer may provide to the Finance Director of this Town, by certified mail, return receipt requested, a written request for a coordinated audit indicating the municipality from which the notice of intended audit was received and the name of the official who issued such notice. Such request shall include a list of those Colorado municipalities utilizing local collection of their sales tax in which the taxpayer holds a current sales tax license and a declaration that the taxpayer will sign a ATTACHMENT B 41 waiver of any passage-of-time based limitation upon this Town's right to recover tax owed by the vendor for the audit period. (c) Except as provided in subsection (g) of this section, any taxpayer that submits a complete request for a coordinated audit and promptly signs a waiver of any passage-of-time based limitation upon the Town's right to recover taxes owed for the proposed audit period may be audited by this Town during the twelve (12) months after such request is submitted only through a coordinated audit involving all municipalities electing to participate in such an audit. (d) If this Town desires to participate in the audit of a taxpayer that submits a complete request for a coordinated audit pursuant to subsection (c) of this Section, the Finance Director shall so notify the Finance Director of the municipality whose notice of audit prompted the taxpayer's request within ten (10) days after receipt of the taxpayer's request for a coordinated audit. The Finance Director shall then cooperate with other participating municipalities in the development of arrangements for the coordinated audit, including arrangement of the time during which the coordinated audit will be conducted, the period of time to be covered by the audit, and a coordinated notice to the taxpayer of those records most likely to be required for completion of the coordinated audit. (e) If the taxpayer's request for a coordinated audit was in response to a notice of audit issued by this Towncity, this Towncity's Finance Director shall facilitate arrangements between this Town and other municipalities participating in the coordinated audit unless and until an official from some other participating municipality agrees to assume this responsibility. The Finance Director shall cooperate with other participating municipalities to, whenever practicable, minimize the number of auditors that will be present on the taxpayer's premises to conduct the coordinated audit on behalf of the participating municipalities. Information obtained by or on behalf of those municipalities participating in the coordinated audit may be shared only among such participating municipalities. (f) If the taxpayer's request for a coordinated audit was in response to a notice of audit issued by this Town, this Town's Finance Director shall, once arrangements for the coordinated ATTACHMENT B 42 audit between the Town and other participating municipalities are completed, provide written notice to the taxpayer of which municipalities will be participating, the period to be audited and the records most likely to be required by participating municipalities for completion of the coordinated audit. The Finance Director shall also propose a schedule for the coordinated audit. (g) The coordinated audit procedure set forth in this Section shall not apply: (1) When the proposed audit is a jeopardy audit; (2) To audits for which a notice of audit was given prior to the effective date of the ordinance codified in this Section; (23) When a taxpayer refuses to promptly sign a waiver of any ordinance that could limit, based upon passage of time, the Town's right to recover for a portion of the audit period; or, (34) When a taxpayer fails to provide a timely and complete request for a coordinated audit as provided in subsection (b) of this section. (Ord. 91-7 §5) 3.08.190 - Judge compels attendance. The Municipal Judge of the Town, upon the application of the Director of Finance, may compel the attendance of witnesses, the production of books, papers, records or memoranda, and the giving of testimony before the Director of Finance or any of his or her duly authorized agents, by the issuance and enforcement of subpoenas, in the same manner as production of evidence may be compelled before the court. (Ord. 83-28 §3: Ord. 82-27 §1(part)) 3.08.2500 - Sales tax information confidential. ATTACHMENT B 43 (a) Except in accordance with a judicial order, or as otherwise herein provided, the Town shall not divulge any information gained from any return filed or as a result of any investigation or hearing held pursuant to the provisions of this Section. (b) Nothing contained in this subsection shall be construed to prohibit: (1) The delivery to a person, or to his or her duly authorized representative, of a copy of any return filed in connection with his or her tax; (2) The publication of statistics so classified as to prevent the identification of particular reports or returns and the items thereof; (3) The inspection by the Town Attorney, or any other legal representative of the Town, of the return or other information relating to any taxpayer who may become involved in litigation with the Town in which the said information may become material The inspection of tax returns and related information by the Town Attorney, other legal representatives, the Director, other employees of the Town with a need to know such information in connection with the performance of their duties, or law enforcement personnel of the Town; (4) Disclosure of information to an auditor or any other outside agent. hired by the Town for the purpose of auditing or establishing tax liabilities; (5) Provision of information from filed returns and reports to a third party solely for use in performing Town-funded economic and fiscal analyses pursuant to a written agreement approved by the Town council to maintain strict confidentiality in accordance with this chapter. All results and published information derived from the information provided shall aggregate data from filed returns in a manner that does not reveal business-specific information. Any third-party receiving information from returns under this paragraph must maintain the information separately from other project information, and must, upon completion of such analysis, either return all copies of the information to the Director or destroy them. ATTACHMENT B 44 (c) Reports and returns shall be preserved for three years, and thereafter until the Director of Finance, with the approval of the Town Manager, shall order them destroyed. (Ord. 82-27 §1(part)) 3.08.260 – Violations and judicial enforcement - penalty (a) It shall be a violation of this Chapter for any purchaser not to pay the sales tax levied by this Chapter, or to fail to pay the tax levied upon a sale where an exemption status is disputed. (b) It shall be a violation of this Chapter for any retailer not to collect and remit the sales tax levied by this Chapter. (c) Any person violating any of the provisions of this Chapter shall be punished in accordance with Chapter 1.08 of the Avon Municipal Code. (d) Nothing contained in this Section shall limit the Town’s authority to enforce the provisions of this Chapter by any other lawful means. 3.08.210 - Estimated taxes and assessment thereof. (a) If any person neglects or refuses to make a return for, or payment of any of the taxes levied by this Chapter when the same become due, the Director of Finance shall, at some date subsequent to five (5) days after the date for the making of such return or the payment of such taxes, give written notice to the person responsible for making the return or paying the taxes or the lack of the filing of such return or payment of said taxes, which notice shall notify the taxpayer, or other person responsible for the return of the tax, that the same must be paid within five (5) days from the date of the receipt of said notice. (b) If the return is not filed, or the taxes are not paid, within five (5) days after receipt of such notice, the Director may make an estimate, based upon such information as may be available to him or her, of the amount of taxes due for the period or periods for which taxpayer is ATTACHMENT B 45 delinquent and shall add thereto a penalty in an amount equal to ten percent (10%) of the estimated tax, together with interest on the estimated tax at the rate of one and one-half percent (1½%) per month from the due date thereof, and may assess said amount against the delinquent taxpayer by giving the taxpayer written notice thereof, which notice shall require the taxpayer either to pay the amount assessed by the Director of Finance or to petition him or her for a correction of the estimate within a period of ten (10) days thereafter. Any such petition for correction shall be in writing, and any facts or figures in support thereof shall be submitted upon the oath of the taxpayer. The Director shall consider the matters submitted by the taxpayer, and shall make a decision as to the proper amount of taxes, penalty and interest due, which decision shall be final and binding. (Ord. 83-14 §2: Ord. 82-27 §1(part)) 3.08.270 – Retailer’s liability for payment; taxes held in trust (a) All sums of money paid by a purchaser to a retailer as taxes imposed by this Chapter shall be and remain public money, belonging to the Town of Avon, which funds shall be held in trust for the sole use and benefit of the Town until paid. (b) Every retailer engaged in business in the Town and selling at retail shall be liable and responsible for the payment of an amount equivalent to the amount of tax imposed by this Chapter. (c) Any period of limitation provided in this Chapter shall not apply to collections of public money in the possession of a retailer, and such moneys are collectable at any time after their due date upon demand by the Director. Bankruptcy will not excuse unremitted taxes collected or held in trust. 3.08.280- Marketplace Sales (a)(1) A marketplace facilitator engaged in business in the Town is required to collect and remit sales tax on all taxable sales made by the marketplace facilitator or facilitated by it for marketplace sellers or multichannel sellers to customers in the Town, whether or not the ATTACHMENT B 46 marketplace seller for whom sales are facilitated would have been required to collect sales tax had the sale not been facilitated by the marketplace facilitator. (2) A marketplace facilitator shall assume all the duties, responsibilities, and liabilities of a retailer or vendor as defined in Section 3.08.010. Marketplace facilitators shall be liable for the taxes collected from marketplace sellers or multichannel sellers. The Town may recover any unpaid taxes, penalties, and interest from the marketplace facilitator that is responsible for collecting on behalf of marketplace sellers or multichannel sellers. (3) The liabilities, obligations, and rights set forth under this article are in addition to any duties and responsibilities of the marketplace facilitator has under this article if it also offers for sale tangible personal property, products, or services through other means. (4) A marketplace seller, with respect to sales of tangible personal property, products, or services made in or through a marketplace facilitator's marketplace, does not have the liabilities, obligations, or rights of a retailer under this article if the marketplace seller can show that such sale was facilitated by a marketplace facilitator: a. With whom the marketplace seller has a contract that explicitly provides that the marketplace facilitator will collect and remit sales tax on all sales subject to tax under this article; or b. From whom the marketplace seller requested and received in good faith a certification that the marketplace facilitator is registered to collect sales tax and will collect sales tax on all sales subject to tax under this article made in or through the marketplace facilitator's marketplace. (5) If a marketplace seller makes a sale that is not facilitated by a licensed marketplace facilitator in a marketplace, the marketplace seller is subject to all of the same licensing, collection, remittance, filing and recordkeeping requirements as any other retailer. (b) Auditing. With respect to any sale, the Town shall solely audit the marketplace facilitator for sales made by marketplace sellers or multichannel sellers but facilitated by the ATTACHMENT B 47 marketplace facilitator. The Town will not audit or otherwise assess tax against marketplace sellers or multichannel sellers for sales facilitated by a marketplace facilitator. 3.08.2920 - Unpaid tax a prior lien. (a) Any sales tax imposed by this Chapter, together with the interest and penalties herein provided and the cost of collection, shall be a first and prior lien upon: (1) The goods, stock-in-trade, and business fixtures of or used by any taxpayer under lease, title-retaining contract, or other contractual arrangement; and (2) The real and personal property owned or leased by any such taxpayer, including personal property affixed to real property, and shall take precedence on all such property over other claims and mortgages. The taxes imposed by Section 3.08.030 shall be a first and prior lien upon the goods and business fixtures owned or used by any retailer required by the provisions of Section 3.08.120 to submit a return and make payment of the taxes collected, except the stock of goods held for sale in the ordinary course of business, until said taxes are paid in full. (b) This lien shall arise the day the tax becomes due and payable and shall be extinguished by operation of law when the tax is paid in full, including any interest, penalty, and collection costs. (c) Whenever the business or property of any taxpayer subject to this Chapter shall be placed in receivership, bankruptcy, or assignment for the benefit of creditors, or seized under distraint for property or other taxes, all taxes, penalties, and interest imposed by this Chapter and for which said person is any way liable under the terms of this Chapter shall be a prior and preferred lien against all the property of said taxpayer, and no sheriff, receiver, assignee, or other officer shall sell the property of any person subject to this Chapter under process or order of any court without first ascertaining from the Director the amount of any taxes due and payable under this Chapter. If such taxes are due, owing, or unpaid, it shall be the duty of such officer to first pay that amount out of the proceeds of said sale before making ATTACHMENT B 48 payment to judgment creditors or for other claims of whatsoever nature. The lien created by subsection (a) above shall be construed to be liens and encumbrances upon the specific items of personal property therein enumerated, and shall take precedence over all other liens, encumbrances or claims of whatsoever nature, and shall immediately attach to such items without the necessity of the filing of any notice of lien thereof. (d) At any time that a tax has accrued but is unpaid, the Director may issue a notice of tax lien, setting forth: the name of the taxpayer; the amount of the tax, penalties, and interest; the date of the accrual thereof; and that the Town claims a first and prior lien on the real and tangible personal property of the taxpayer. Said notice may be filed in the office of the Clerk and Recorder of any Colorado county in which the taxpayer owns real or tangible personal property. Issuance of such notice and filing thereof shall be at the discretion of the Director and shall not affect the priority or validity of the lien provided by this Chapter, which lien arises by operation of law when the tax accrues and is payable. (e) Any lien for taxes as shown on the records of a County Clerk and Recorder as herein provided, upon payment of all taxes, penalties, and interest covered thereby, shall be released by the Director in the same manner as mortgages and judgments are released. (Ord. 82-27 §1(part)) 3.08.300 – Collection by distraint. (a) Distraint Warrant: The Director may issue a distraint warrant under his or her own hand directed to any agent of the Town, including but not limited to a Town employee, outside contractor, police officer, county sheriff, or any other person identified by the Town to act as agent for the purposes listed here, commanding him or her to distrain, seize, and sell the personal property of the taxpayer, except such personal property as is exempt from execution and sale by any provision of this Chapter , for the payment of the tax due, together with penalties and interest accrued thereon plus collection costs: ATTACHMENT B 49 (1) When a deficiency in tax is not paid within thirty (30) days from the date of a notice of deficiency and demand for payment when no written protest is made pursuant to S ection 3.08.1 5 0(d ) or Section 3.08.190 (c); (2) When any other amount of tax, penalty, or interest is not paid within thirty (30) days from the date of a notice of assessment and demand for payment thereof; (3) When any deficiency in tax is not paid within thirty (30) days after the taxpayer has exhausted local reme dies, as defined by § 29-2-106.1(2)(c), C.R.S., with out the taxpayer seeking further appeal; or (4) Immediately upon making of a jeopardy assessment or of the issuance of a demand for payment, as provided in Section 3.08.200. (b) Distraint Seizure: (1) The agent charged with the collection shall make or cause to be made an account of the goods or effects distrained, a copy of which, signed by the agent making such distraint, shall be left with the owner or possessor, or at his or her usual place of abode with some member of his or her family over the age of eighteen (18) years, or at his or her usual place of business with his or her stenographer, bookkeeper, or chief clerk, or if the taxpayer is a corporation, shall be left with any officer, manager, general agent, or agent for process, with a note of the sum demanded and the time and place of sale. If said notice cannot be served on the taxpayer within thirty (30) miles of the Town, then it shall be mailed to the taxpayer's last known address, return receipt requested. (2) The agent shall forthwith cause to be published a notice of the time and place of sale, together with a description of the property to be sold, in a newspaper within the county wherein distraint is made, or, in lieu thereof and at the sole discretion of the Director , the agent or sheriff shall cause such notice to be publicly posted at the ATTACHMENT B 50 courthouse of the county wherein such distraint is made and copies thereof to be posted in at least two (2) other public places within said county. (3) The time fixed for the sale shall not be less than ten (10) days nor more than sixty (60) days from the date of such notification to the owner or possessor of the property and the publication or posting of such notices. Said sale may be adjourned from time to time by the agent or sheriff if he or she deems it advisable, but not for a time to exceed in all ninety (90) days from the date first fixed for the sale. When any personal property is advertised for s ale under distraint, the agent or sheriff making the seizure shall proceed to sell such property at public a uction, offering the same at not less than a fair minimum p rice, including the expenses of making the seizure and of advertising the sale, and if the amount bid for the property at the s ale is not equal to the fair minimum price so fixed, the agent or sheriff conducting the sale may declare the same to be purchased by him or her for the Town. The property so purchased may be sold by the agent or sheriff under such regulations as may be prescribed by the Director . (4) In any case of distraint for the payment of taxes, the real property, goods, chattels, or effects so distrained shall be restored to the owner or possessor if, prior to the sale, the amount due is paid, together with the fees and other charges, or may be redeemed by any person holding a chattel mortgage or other evidence of right of possession. (c) Certificate of Sale and Evidence of Purchase: In all cases of sale under this Section, the agent or sheriff making the sale shall issue a certificate of sale to each purchaser, and such certificate shall be prima facie evidence of the right of the agent or sheriff to make such sale, and the conclusive evidence of the regularity of his or her proceedings in making the sale and shall transfer to the purchaser all right, title, and interest of such delinquent taxpayer in and to the property sold; and where such property consists of certificates of stock in the possession of the agent or sheriff, the certificate of sale shall be notice, when received, to any corporation, company, or association of said transfer, and said certificate of such sale shall be authority for ATTACHMENT B 51 such corporation, company, or association to record the transfer on its books and records; and where the subject of sale is securities or other evidences of debt, in the possession of the agent or sheriff, the certificate of sale shall be good and valid evidence of title in the person holding the same, as against any other person. Any surplus remaining above the taxes, penalties, interest, all costs and all expenses of making the seizure and of advertising the sale shall be returned to the owner or such other person having a legal right thereto, and, on demand, the Director shall render an account in writing of the sale. Expenses of a seizure include all reasonable costs and expenses incurred by the Town in enforcing collection by distraint, including but not limited to attorney's fees and all personnel costs of the Town. 3.08.310 – Director’s remedies (a) So long as a final assessment duly made remains unpaid in full, the Director may pursue any or all the following enforcement actions against the defaulting taxpayer: (1) Revoke the taxpayer’s business and/or sales tax license. (2) Issue a summons to the taxpayer to appear in Municipal Court on charges of violating this Chapter or Code. (3) Issue a Distraint Warrant pursuant to this Chapter. (4) File a complaint in County or District Court to collect amounts owed. (5) Engage the services of a debt collector. (6) Any other enforcement action allowed by law. (b) Regardless of the collection or enforcement procedures pursued by the Director, all unpaid taxes, penalties, and interest shall be secured by a lien arising by operation of law as provided by this Chapter. ATTACHMENT B 52 3.08.320230 - Sale of stock or quitting business. (a) Any retailer who sells out his or her business or stock of goods or who quits business, shall be required to prepare and file a sales tax return as provided in this Chapter within fifteen (15) days aftersubsequent to the date of the completion of said sale or the quitting of business, and the purchaser thereof, if any, shall be required to withhold sufficient of the purchase money to cover the amount of the tax due and unpaid, until such time as the retailer shall produce a receipt from the Director of Finance showing that all such taxes have been paid and that no further taxes are due. (b) If the purchaser of a business or stock of goods shall fail to withhold the purchase money as above provided, and the tax shall be due and unpaid after the fifteen-day period allowed, such purchaser shall be personally liable for the payment of the taxes unpaid by the former owner, and the liens created by Section 3.08.2920 shall immediately attach to the personal property so purchased; provided, however, that the retailer so selling or quitting business shall not be relieved in any manner of his or her liability for payment of any of said taxes due. (Ord. 82-27 §1(part)) 3.08.240 - Enforcement of taxes and foreclosure of liens. (a) If any taxes, penalty or interest imposed by this Chapter and shown due by returns filed by the taxpayer, or as shown by assessment duly made as provided herein, are not paid within fifteen (15) days after the same are due, the Director of Finance shall issue a warrant under his or her official seal directed to any duly authorized revenue collector, or to the sheriff of any county in this State commanding him or her to levy upon, seize and sell sufficient personal property of the tax debtor which is subject to the liens created by Section 3.08.220 found within his or her county for the payment of the amount due, together with interest, penalties and costs. (b) Simultaneously with the issuance of said warrant, the Director shall issue a notice of tax lien, setting forth the name of the taxpayer, the amount of the tax, penalties, interest and ATTACHMENT B 53 costs, the date of the accrual thereof, and that the Town claims a first and prior lien therefor on the tangible personal property of the taxpayer subject to said liens. (c) Such notice shall be on forms prepared by the Director, shall be verified by him or her, and shall be filed in the office of the clerk and recorder of any county in this State in which the taxpayer owns tangible personal property subject to said liens. (d) Upon the filing of said notice of lien, the effective date of the lien shall relate back to the date of the first transaction for which any tax is due. (Ord. 82-27 §1 (part)) 3.08.250 - Refunds—procedure. (a) A refund shall be made or credit allowed for any tax paid under protest by any purchaser who has or claims to have an exemption as in this Chapter provided. Such refund shall be made by the Director of Finance after compliance with the following conditions precedent: (1) Application. Applications for refund must be made within ninety (90) days after the purchase or use of goods on which the exemption is claimed, and must be supported by the affidavit of the purchaser, accompanied by the original paid invoice or sales receipt and a certificate issued by the seller, together with such further information as may be requested by the Director. (2) Decisions. Upon receipt of such application and accompanying information, the Director shall examine the same with all due speed and shall give notice to the applicant by an order in writing of his or her decision thereon. (3) Hearing. An aggrieved applicant may, within twenty (20) days after such decision is mailed to him or her, petition the Director for a hearing on the claim. Such petitio n shall be in writing and shall identify the amount of the refund requested and the basis for the request. The Director shall, upon due notice to the applicant, hold a hearing upon such petition, taking such ATTACHMENT B 54 information or evidence as may be material, and shall thereafter render his or her final decision upon such application, which decision shall be final. (b) Any person claiming to have paid a tax for the purchase or use of tangible personal property in excess of the rates established by this Chapter may apply for a refund of the excess in the manner prescribed above. (c) An appeal of a final decision of the Finance Director in a hearing held pursuant to this Section shall be commenced within thirty (30) days of such decision. (Ord. 91-7 §§9, 10; Ord. 82-27 §1(part)) 3.08.260 - Refund not assignable. The right of any person to a refund under this Chapter shall not be assignable, and application for refund must be made by the same person who purchased or used the goods and who paid the tax thereon, as shown by the invoice of the sale thereof or other appropriate document. (Ord. 82-27 §1(part)) 3.08.330270 -– Notices. sent by mail. All notices required to be given to the retailer or vendor under the provisions of this Chapter shall be in writing and, if mailed, to him or her at his or her last known address shall be sufficient for the purpose of this Chapter. All notices required under this Chapter shall be in writing and, if sent by conventional or electronic mail to the last known address of the intended recipient, shall be deemed sufficient upon that mailing. Any period of time linked to a notice commences with the date listed on the notice, no matter how delivered. (Ord. 82-27 §1(part)) ATTACHMENT B 55 3.08.340280 - License and tax in addition to all other taxes. The license and tax imposed by this Chapter shall be in addition to all other licenses and taxes imposed by law, except as herein otherwise provided. (Ord. 82-27 §1(part)) 3.08.350290 -– Administration; promulgation of rules; interpretation. (a) Administration of this Chapter’s provisions is vested in the Director, who may, with the approval of the Town Manager, prescribe forms and reasonable rules and regulations for the making of returns, for the ascertainment, assessment, and collection of the taxes imposed hereunder, and for the proper administration and enforcement of those taxes. In the event the Director wishes to create a rule or regulation with the binding force of law, he may do so by complying with the following: (1) Submit the proposed rule or regulation to the Town Attorney for legal review. No rule or regulation shall take effect without the approval of the Town Attorney. (2) Notify the Town Council of the proposed rule or regulation by a letter addressed to the Mayor, which the Town Clerk shall read or mention, at the Mayor’s discretion, at the next regularly scheduled Council meeting following the Mayor’s receipt of the letter. The Director shall include in that letter the following: a. The purpose of the rule or regulation; b. The cost of enforcing the rule or regulation and the anticipated benefits or revenue to be derived therefrom; and c. A general description of the industry or enterprises that will be affected, directly or indirectly, by the rule or regulation if different from the general tax-paying community. ATTACHMENT B 56 No rule or regulation shall take effect without the notice described herein being given to the Mayor. No Town Council action is required. (3) Publish the proposed rule or regulation on the Town’s website to be available for review by the public. The rule or regulation shall become effective sixty (60) days after posting on the Town’s website, unless otherwise stated in the rule or regulation. It shall then be unlawful to violate a rule or regulation adopted by the Director pursuant to this process. (4) Once fully adopted in the manner set out here, the Director shall file three (3) copies of the rule or regulation with the Town Clerk and one (1) copy each with the Town Attorney and with the executive director of the department of revenue of the State of Colorado; such filings shall constitute evidence for the presumption that the rule or regulation was duly adopted and promulgated in compliance with the foregoing procedures. (b) The Director shall interpret the Code, rules, and regulations for the purpose of administering this Sales Tax Code. The Director’s interpretation shall be presumed correct and given deference in any dispute unless that interpretation is inconsistent with the legislative intent manifested in the text of the Code, rules, or regulations. The administration of all the provisions of this Chapter is vested in the Director of Finance, who may, with the approval of the Town Manager, prescribe forms and reasonable rules and regulations in conformity with this Chapter for the making of returns, for the ascertainment, assessment and collection of the taxes imposed hereunder, and for the proper administration and enforcement hereof, a copy of which forms, rules and regulations shall be made available to the public. (Ord. 82-27 §1(part)) 3.08.300 - Unlawful acts. ATTACHMENT B 57 It is unlawful for any person to fail to perform any affirmative duty required by this Chapter, or to willfully make, prepare or submit a tax return or other document containing any false statement, or to willfully make a false statement in any investigation or hearing, which may affect the tax liability of any person. (Ord. 82-27 §1(part)) 3.08.310 - Penalties. Any person, firm or corporation violating any of the provisions of this Chapter shall be deemed guilty of a violation of this Chapter, and any such person, firm or corporation shall be punished in accordance with the provisions of Section 1.08.010 of this Code. (Ord. 82-27 §2; Ord. 04-05 §1) 3.08.3620 - Sales tax—credit for sales or use taxes previously paid to another municipality. For transactions consummated on or after January 1, 1986,T the Town's sales tax shall not apply to the sale of tangible property at retail or the furnishing of services to the extentif the transaction was previously subjected to a sales or use tax lawfully imposed on the purchaser or user by another statutory or home rule municipality equal to or in excess of that provided for in Section 3.08.030. A credit shall be granted against the Town's lawfully imposed local sales or use tax in the amount of tax previously paid by the purchaser or user to the previous statutory or home rule municipality. The amount of the credit shall not exceed the Town's sales tax imposed pursuant to Section 3.08.030. (Ord. 86-2 §2) 3.08.37021 -– Inter-city claims for recovery. The intent of this Section is to streamline and standardize procedures related to situations where tax has been remitted to the incorrect municipality. It is not intended to reduce or eliminate the responsibilities of the taxpayer or vendor to correctly pay, collect, and remit sales and use taxes to the Town. ATTACHMENT B 58 (1) As used in this Section, claim for recovery means a claim for reimbursement of sales and use taxes paid to the wrong taxing jurisdiction. (2) When it is determined by the Director of Finance that sales and use tax owed to the Town has been reported and paid to another municipality, the Town shall promptly notify the vendor that taxes are being improperly collected and remitted, and that as of the date of the notice the vendor must cease improper tax collections and remittances. (3) The Town may make a written claim for recovery directly to the municipality that received tax and/or penalty and interest owed to the Town, or, in the alternative, may institute procedures for collection of the tax from the taxpayer or vendor. The decision to make a claim for a recovery lies in the sole discretion of the Town. Any claim for recovery shall include a properly executed release of claim from the taxpayer and/or vendor releasing its claim to the taxes paid to the wrong municipality, evidence to substantiate the claim and a request that the municipality approve or deny in whole or in part, the claim within ninety (90) days of its receipt. The municipality to which the Town submits a claim for recovery may, for good cause, request an extension of time to investigate the claim, and approval of such extension by the Town shall not be unreasonably withheld. (4) Within ninety (90) days after receipt of a claim for recovery, the Town shall verify to its satisfaction whether or not all or a portion of the tax claimed was improperly received, and shall notify the municipality submitting the claim in writing that the claim is either approved or denied in whole or in part, including the reasons for the decision. If the claim is approved in whole or in part, the Town shall remit the undisputed amount to the municipality submitting the claim within thirty (30) days of approval. If a claim is submitted jointly by a municipality and a vendor or taxpayer, the check shall be made to the parties jointly. Denial of a claim for recovery may only be made for good cause. (5) The Town may deny a claim on the grounds that it has previously paid a claim for recovery arising out of an audit of the same taxpayer. ATTACHMENT B 59 (6) The period subject to a claim for recovery shall be limited to the thirty-six-month period prior to the date the municipality that was wrongly paid the tax receives the claim for recovery. (Ord. 91-7 §6) 3.08.3830 - Sales tax—collection—limitation of actions. For transactions consummated on or after January 1, 1986: (a1) NNo sales tax, or interest thereon or penalties with respect thereto, shall be assessed, nor shall any notice of lien be filed, or distraint warrant issued, or suit for collection be instituted, nor any other action to collect the same be commenced more than three (3) years after the date on which the tax was or is payable; nor shall any lien continue after such period, except for taxes assessed before the expiration of such period, except for taxes assessed before the expiration of such period, notice of lien with respect to which has been filed prior to the expiration of such period, in which cases such lien shall continue only for one (1) year after the filing of notice thereof. In the case of a false or fraudulent return with intent to evade tax, the tax together with interest and penalties thereon, may be assessed, or proceedings for the collection of such taxes may be begun at any time. Before the expiration of such period of limitation, the taxpayer and the Director of Finance may agree in writing to an extension thereof, and the period so agreed on may be extended by subsequent agreements in writing. This period of limitation shall not run for the audit period if written notice is given to the taxpayer prior to expiration of the limitation period that the taxpayer’s records will be audited. “Audit period” is the thirty-six (36) month reporting period just preceding an audit notice date. (b2) If no return is filed or if a false or fraudulent return is filed with intent to evade tax then any tax owed plus penalty and interest may be assessed for any period of time without limitation, and proceedings for the collection of such taxes may be brought at any time. ATTACHMENT B 60 In the case of failure to file a return, the sales tax may be assessed and collected at any time. (Ord. 86-2 §3) 3.08.340 - Sales tax—refunds—limitation of actions. For transactions consummated on or after January 1, 1986: (1) An application for refund of sales tax paid under dispute by a purchaser or user who has an exemption pursuant to Section 3.08.040 shall be made within sixty (60) days after the purchase of the goods or services whereon an exemption is claimed. (2) An application for refund of tax moneys paid in error or by mistake shall be made within three (3) years after the date of purchase of the goods for which the refund is claimed. (Ord. 86-2 §4) 3.08.343 - Sales tax—interest on underpayment, nonpayment, or extensions of time for payment of tax. (a) If any amount of sales tax is not paid on or before the last date prescribed for payment, interest on such amount at the rate imposed under Section 3.08.353 shall be paid for the period from such last date to the date paid. The last date prescribed for payment shall be determined without regard to any extension of time for payment and shall be determined without regard to any notice and demand for payment issued, by reason of jeopardy, prior to the last date otherwise prescribed for such payment. In the case of a tax in which the last date for payment is not otherwise prescribed, the last date for payment shall be deemed to be the date the liability for the tax arises, and in no event shall it be later than the date notice and demand for the tax is made by the Director of Finance. ATTACHMENT B 61 (b) Interest prescribed under Sections 3.08.343 through 3.08.350 shall be paid upon notice and demand and shall be assessed, collected and paid in the same manner as the tax to which it is applicable. (c) If any portion of a tax is satisfied by credit of an overpayment, then no interest shall be imposed under this Section on the portion of the tax so satisfied for any period during which, if the credit had not been made, interest would have been allowed with respect to such overpayment. (d) Interest prescribed under Sections 3.08.343 through 3.08.350 on any sales tax may be assessed and collected at any time during the period within which the tax to which such interest relates may be assessed and collected. (Ord. 86-2 §5) 3.08.347 - Sales tax—deficiency due to negligence. If any part of the deficiency in payment of the sales tax is due to negligence or intentional disregard of the ordinances or of authorized rules and regulations of the Town with knowledge thereof, but without intent to defraud, there shall be added ten percent (10%) of the total amount of the deficiency, and interest in such case shall be collected at the rate imposed under Section 3.08.353, in addition to the interest provided by Section 3.08.343, on the amount of such deficiency from the time the return was due, from the person required to file the return, which interest and addition shall become due and payable ten (10) days after written notice and demand to him or her by the Director of Finance. If any part of the deficiency is due to fraud with the intent to evade the tax, then there shall be added one hundred percent (100%) of the total amount of the deficiency and in such case, the whole amount of the deficiency and in such case, the whole amount of the tax unpaid, including the additions, shall become due and payable ten (10) days after written notice and demand by the Director of Finance and an additional three percent (3%) per month on said amount shall be added from the date the return was due until paid. (Ord. 86-2 §6) 3.08.350 - Sales tax—neglect or refusal to make return or to pay. ATTACHMENT B 62 If a person neglects or refuses to make a return in payment of the sales tax or to pay any sales tax as required, the Director of Finance shall make an estimate, based upon such information as may be available, of the amount of taxes due for the period for which the taxpayer is delinquent and shall add thereto a penalty equal to the sum of fifteen dollars ($15.00) for such failure or ten percent (10%) thereof and interest on such delinquent taxes at the rate imposed under Section 3.08.353 plus one-half percent (0.5%) per month from the date when due, not exceeding eighteen percent (18%) in the aggregate. (Ord. 86-2 §7) 3.08.353 - Rate of interest. When interest is required or permitted to be charged under any provisions of Sections 3.08.343 through 3.08.350, the annual rate of interest shall be that established by the state commissioner of banking pursuant to Section 39.21.110.5, C.R.S. (Ord. 86-2 §8) 3.08.357 - Other remedies. Nothing in Sections 3.08.343 through 3.08.353 shall preclude the Town from utilizing any other applicable penalties or remedies for the collection or enforcement of sales taxes. (Ord. 86-2 §9) 3.08.360 - Sales tax—final decision of Town—appeals—posting of bonds. For transactions consummated on or after January 1, 1986: (1) Within fifteen (15) days after filing a notice of appeal as provided in Section 3.08.130, the taxpayer shall file with the district court a surety bond in twice the amount of taxes, interest and other charges stated in the final decision by the Director of Finance which are contested on appeal. The taxpayer may, at his or her option, satisfy the surety bond requirement by a savings account or deposit in or a certificate of deposit issued by a state or national bank or by a state or federal savings and loan association, in accordance with the provisions of Section 11.35-101(1), C.R.S., equal to twice the amount of the taxes, interest and other charges stated in the final decision by the Director of Finance. ATTACHMENT B 63 (2) The taxpayer may, at his or her option, deposit the disputed amount with the Director of Finance in lieu of posting a surety bond. If such amount is so deposited, no further interest shall accrue on the deficiency contested during the pendency of the action. At the conclusion of the action, after appeal to the Supreme Court or the court of appeals or after the time for such appeal has expired, the funds deposited shall be, at the direction of the court, either retained by the Director of Finance and applied against the deficiency or returned in whole or in part to the taxpayer with interest at the rate imposed pursuant to Section 3.08.353. No claim for refund of amounts deposited with the Director of Finance need be made by the taxpayer in order for such amounts to be repaid in accordance with the direction of the court. (Ord. 86-2 §10) 3.08.3970 - Sales tax—standard reporting form. The Town shall use the standard municipal sales tax reporting form and any subsequent revisions thereto adopted by the Executive Director of the Department of Revenue by the first full month commencing one hundred twenty (120) days after the effective date of the regulation adopting or revising such standard form, or in the discretion of the Director of Finance, commencing with any prior full month subsequent to the effective date of the regulation. (Ord. 86-2 §11) 3.08.400380 - Sales tax—collection—map of municipal boundaries. The Director of Finance shall make available to any requesting retailervendor a map showing the boundaries of the Town. TFor transactions consummated on or after January 1, 1986, the requesting vendorretailer may rely on such map and any update thereof made available to such retailervendor in determining whether to collect a sales tax. No penalty shall be imposed nor deficiency action for deficiency maintained against such a retailervendor who in good faith complies with the most recent map available to it. (Ord. 86-2 §12) 3.08.390 - Sales tax—alternative dispute resolution procedure—deficiency notice or claim for refund. ATTACHMENT B 64 For transactions consummated on or after January 1, 1986, in lieu of the procedure provided for in Section 3.08.360, the taxpayer may elect a hearing on the Director of Finance's final decision on a deficiency notice or claim for refund pursuant to procedure set forth in this Section. (1) As used in this Section, state hearing means a hearing before the Executive Director of the Department of Revenue or delegate thereof as provided in Section 29-2-106.1(3), C.R.S. (2) When the Town asserts that sales or use taxes are due in an amount greater than the amount paid by a taxpayer, the Town shall mail a deficiency notice to the taxpayer by certified mail. The deficiency notice shall state the additional sales and use taxes due. The deficiency notice shall contain notification, in clear and conspicuous type, that the taxpayer has the right to elect a state hearing on the deficiency pursuant to Section 29-2- 106.1(3), C.R.S. The taxpayer shall also have the right to elect a state hearing on the Town's denial of such taxpayer's claim for a refund of sales tax paid. (3) The taxpayer shall request the state hearing within thirty (30) days after the taxpayer's exhaustion of local remedies. The taxpayer shall have no right to such hearing if he or she has not exhausted local remedies or if he or she fails to request such hearing within the time period provided for in this subsection. For purposes of this subsection, exhaustion of local remedies means: a. The taxpayer has timely requested in writing a hearing before the Town and such Town has held such hearing and issued a final decision thereon. Such hearing shall be informal and no transcript, rules of evidence or filing of briefs shall be required; but the taxpayer may elect to submit a brief, in which case the Town may submit a brief. The Town shall hold such hearing and issue the final decision thereon within ninety (90) days after the Town's receipt of the taxpayer's written request therefor, except the Town may extend such period if the delay in holding the hearing or issuing the decision thereon was occasioned by the taxpayer, but, in any such event, the Town shall hold such hearing and issue the decision thereon within one hundred eighty (180) days of the taxpayer's request in writing therefor; or ATTACHMENT B 65 b. The taxpayer has timely requested in writing a hearing before the Town and the Town has failed to hold such hearing or has failed to issue a final decision thereon within the time periods provided in Subparagraph a above. (4) If a taxpayer has exhausted his or her local remedies as provided in subsection (3) above, the taxpayer may request a state hearing on such deficiency notice or claim for refund, and such request shall be made and such hearing shall be conducted in the same manner as provided in Section 29-2-106.1(3) through (7), C.R.S. (5) If the deficiency notice or claim for refund involves only the Town, in lieu of requesting a state hearing, the taxpayer may appeal such deficiency or denial of a claim for refund to the district court of the County of Eagle as provided in Section 29-2- 106.1(8), C.R.S., provided the taxpayer complies with the procedures set forth in subsection (3) of this section. (6) Nothing in this Section shall prohibit the taxpayer from pursuing judicial review of a final decision of the Town as otherwise provided in Section 3.08.360. (7) If the Town reasonably finds that the collection of sales tax will be jeopardized by delay, the Town may utilize the procedures set forth in Section 39-21-111, C.R.S. (8) An appeal of a final decision of the Finance Director in a hearing held pursuant to this Section shall be commenced within thirty (30) days of such decision. (Ord. 91-7 §8; Ord. 86-2 §13) 3.08.410400 - Notice of amendment to sales and use tax ordinance. (a) In order to initiate a central register of sales and use tax ordinances for municipalities that administer local sales tax collection, the Finance Director shall file with the Colorado Municipal League prior to the effective date of the ordinance codified in this Section a copy of the Town sales and use tax ordinance reflecting all provisions in effect on the effective date of the ordinance codified in this Section. ATTACHMENT B 66 (b) In order to keep current the central register of sales and use tax ordinances for municipalities that administer local sales tax collection, the Finance Director shall file with the Colorado Municipal League prior to the effective date of any amendment a copy of each sales and use tax ordinance amendment enacted by the Town. (c) Failure of the Town to file such ordinance or ordinance amendment pursuant to this Section shall not invalidate any provision of the sales and use tax ordinance or any amendment thereto. (Ord. 91-7 §11) 3.08.420410 - Participation of Finance Director in simplification meetings. The Finance Director shall cooperate with and participate on an as-needed basis with a permanent statewide sales and use tax committee convened by the Colorado Municipal League, which is composed of state and municipal sales and use tax officials and business officials. The committee will meet for the purpose of discussing and seeking resolution to sales and use tax problems which may arise. (Ord. 91-7 §12) ATTACHMENT B 970.748.4013 idejong@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Ineke de Jong, General Government Manager RE: Resolution 22-23 Approving the Expenditure of Community Enhancement Funds DATE: October 12, 2022 SUMMARY: A resolution is being presented to Council to formally approve the expenditure of Community Enhancement funds for the 2022 Net Zero Building Conference with 2021 IECC Updates as required by the Town’s franchise agreement with Holy Cross Energy. BACKGROUND: Pursuant to the Town’s franchise agreement with Holy Cross Energy, the Town receives one percent (1%) of the gross revenues collected from the sale of electricity from within the Town’s borders. The funds are eligible to be expended for limitied purposes, as follows: • Beautification projects • Energy conservation projects • Equipment and technology upgrades for schools • Scholarship funds • Acquisition of open space and/or park land and development thereor • Sponsorship of special community events • Indergrounding of overhead electric and other utility lines The Town has been in communication with representatives from Holy Cross Energy to discuss the intention of using the Community Enhancement funds for the 2022 Net Zero Building Conference with 2021 IECC Updates, that is currently being planned for November 18, 2022 at the Westin Riverfront. They expressed approval of these expenditures and are excited for the event. FINANCIAL CONSIDERATIONS: If approved, $20,000 from the Community Enhancement Fund would be used for this purpose. RECOMMENDATION: I recommend Council approves resolution 22-23. PROPOSED MOTION: “I move to approve Resolution 22-23, a Resolution Approving the Expenditure of Community Enhancement Funds from Holy Cross Energy as Provided for in Article 11, Town of Avon Ordinance 01-01, Series of 2001”. Thank you, Ineke ATTACHMENT A: Resolution 22-23 ATTACHMENT B: Holy Cross Energy Community Enhancement Fund History Resolution No. 22-23 October 25, 2022 Page 1 of 1 ATTACHMENT A: RESOLUTION 22-23 RESOLUTION 22-23 APPROVING THE EXPENDITURE OF COMMUNITY ENHANCEMENT FUNDS FROM HOLY CROSS ENERGY AS PROVIDED FOR IN ARTICLE 11, TOWN OF AVON ORDINANCE 01-01. WHEREAS, the Town Council of the Town of Avon, Colorado, has approved Ordinance 01-01, Series of 2001 which granted a franchise to Holy Cross Energy; and WHEREAS, Article 11 of Ordinance 01-01 provides that Holy Cross Energy will voluntarily make monetary resources available to the Town for programs designed to make a difference in people's lives and the communities in which they reside; and WHEREAS, Section 11.1 of Ordinance 01-01 limits the use for which such funds shall be spent shall to: (1) Beautification projects; (2) Energy conservation projects; (3) Equipment and technology upgrades for schools; (4) Scholarship funds; (5) Acquisition of open space and/or park land and development thereof; (6) Sponsorship of special community events; and, (7) Undergrounding of overhead electric and other utility lines. Funds made available under this Article may be spent for other purposes only with the express written consent of the Company; and WHEREAS, Section 11.4 of Ordinance 01-01, provides that the Town Council is required to approve the expenditure by resolution or ordinance duly enacted by the Town Council, and such resolution or ordinance shall clearly describe the nature and purpose of the project for which the expenditure is made and that prior to any expenditure, the Town shall notify the Company of its intended use of the funds. Unless the Company objects, in writing, prior to such expenditure, the Company shall have waived its right to object in the future if the funds are expended for the use identified in the notice. NOW, THEREFORE, IT IS RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: Section 1. The Avon Town Council approves utilizing the Holy Cross Enhancement Funds as shown in Exhibit A attached hereto. The Town Council believes that the expenditure of these funds meets the intent and purpose of Article 11 of Ordinance 01-01 and the projects as described in Article 11.1 hereof. Section 2. Town staff will forward this resolution to Holy Cross Energy to comply with Section 11.4 of Ordinance 01-01, Series of 2001. ADOPTED OCTOBER 25, 2022 BY THE AVON TOWN COUNCIL By: Attest: ___________________________ Sarah Smith Hymes, Mayor Patty McKenny, Town Clerk EXHIBIT A HOLY CROSS ENERGY COMMUNTIY ENHANCEMENT FUND PROPOSED PROJECT Proposed Project: 2022 NET ZERO BUILDING CONFERENCE WITH 2021 IECC UPDATES The Town is organizing a FREE, Informative Net-Zero Building Expo Focusing on the 2021 Building Code Updates! This event will take place on November 18, 2022 at The Westin Riverfront Resort and Spa, located in Avon, Colorado. This Net-Zero Building Expo will feature local vendors and keynote speakers to share the latest on the 2021 Building Code updates and the exciting process of developing a net-zero Eagle County community. We hope to have as many as 200 attendees and 16 vendors. Schedule of the Day 12:30 pm - Door open & check in 1:00 - 1:10 pm - Event starts + Introduction 1:10 - 1:45 pm - First Speaker + Q&A Hope Medina (Shums Coda) will speak about: "The energy code is a forever moving target with innovative materials, methods, and concepts to support the efforts of communities. Join us as we discuss how the codes support the goals of your community and how it is the focus of the newest State energy statute." 1:45 - 2:20 pm - Second Speaker + Q&A Kim Schlaepfer (Lotus Engineering & Sustainability) will speak about: "Reaching net zero in building code means the integration of several strategies including renewable energy, electrification, demand flexibility, and efficiency. Learn about how communities in Colorado are approaching net zero code development, and the local impact these measures can have on operational cost and GHG emissions of our new buildings." 2:20 - 2:30 pm - Break 2:30 - 3:05 pm - Third Speaker + limited Q&A Heidi McCullough (Clean Energy Economy for the Region / CLEER) will speak about: "Using energy modeling to keep your net zero design on track through a real-life case study." 3:05 - 3:50 pm - Interactive Panel + big Q&A Panelists: Brian Sipes (Sipes Architects) & more 3:50 pm - 4:40 pm - Vendor Exhibits 4:40 pm - Raffle Prizes Announcement + Closing Remarks 5:00 - 6:00 pm - Food & Drinks EXHIBIT B COMMUNITY ENHANCEMENT FUND HISTORY Original Revised Calendar Amount Budget Budget Actual Ending Year Received Budget Request Amount Amount Expenditure Balance 2001 1 4,000$ -$ -$ -$ 4,000$ 2001 1 32,356 - - - 36,356 2002 1 42,824 - - - 79,180 2003 1 44,766 - - - 123,946 2004 1 50,664 - - - 174,610 2005 1 60,699 - - - 235,309 2006 64,133 - - - 299,442 Purchase of Wind Power 60,000 - - 2007 2 62,907 Energy Audit - 28,000 26,252 336,097 Whitewater Rodeo 36,000 36,000 36,000 LED Holiday Lighting 10,800 10,800 10,800 2008 74,585 Appraisal for Open Space 15,000 15,000 15,000 348,882 Fleet Maintenance Lighting 20,000 20,000 20,000 Ironkids 30,000 30,000 30,000 2009 70,136 LED Holiday Lighting 10,000 10,000 10,000 359,018 Avon Rec Center Lighting 40,000 29,000 29,000 Ironkids 20,000 20,000 20,000 Nottingham Park Pavilion 3 200,000 40,000 40,000 2010 71,067 Fishing Pier 20,000 20,000 20,000 321,085 Ironkids 10,000 10,000 10,000 World Alpine Championships 50,000 - - 2011 74,383 Undergrounding 4 100,000 - - 385,468 2012 72,862 Mall Improvement Project 5 250,000 - - Undergrounding 4 100,000 - - 458,330 2013 84,398 Heat Recovery Expansion 6 350,000 - - 542,728 2014 78,268 Nottingham Park Restrooms 275,000 - - Avon Mall Improvement - 608,000 608,000 12,996 2015 77,473 Nothing Budgeted - - - 90,469 2016 71,736 Undergrounding 100,000 - - 62,205 2017 78,545 Undergrounding 158,000 142,000 140,750 - 2018 83,009 Undergrounding 80,000 80,000 - 83,009 2019 83,072 Nothing Budgeted - - - 166,081 Page 1 ATTACHMENT B: HOLY CROSS ENERGY COMMUNITY ENHANCEMENT FUND HISTORY EXHIBIT B COMMUNITY ENHANCEMENT FUND HISTORY 2020 81,392 Dancing in the Park - 30,000 - 247,473 2021 82,448 Undergrounding 120,000 - - 329,921 W. Avon Preserve 28,500 28,500 28,500 301,421 Dancing in the Park 30,000 - - 301,421 2022 80,000 Undergrounding 120,000 - - 381,421 Building Electrification Conference 16,000 20,000 20,000 361,421 2023 82,000 Undergrounding 120,000 - - 323,421 Building Electrification Conference 20,000 - - 303,421 Notes: 6) The original proposal to extend the Town's Heat Recovery system along the length of the Mall and connect with the Wyndham and Avon Station was re-evaluated during the process for approving the Wyndham development on Lot 61. 1) Amounts received from 2001-2005 were accounted for in the General Fund. In 2006 a separate fund was established for the Community Enhancement monies. A transfer from the General Fund in the amount of $235,309 was made to establish the new Community Enhancement Fund. Because of an oversight, the amount transferred was $2,000 more than the actual amounts received from 2001 -2005. 2) In 2007, the Town budgeted $60,000 for purchasing wind power. It was subsequently learned that the use of Community Enhancement funds was not allowed for this purpose. Subsequently, $26,252 was used for an energy audit of the Town's facilities. 3) The Nottingham Park Pavilion project for which Community Enhancment funds were approved in the amount of $200,000, was subsequently removed from the Town's long-range CIP program due to the cost of the project and lack of Town funds available. A total of $40,000 in Community Enhancement funds was used for the design cost, with the remained turned back as unused. 4) The US Hwy 6 Trail undergrounding project has been delayed due to high project costs related to the Eagle Valley Trails projects. 5) The Mall Improvement Project was delayed due to the impending development of Lot 61. Page 2 Exhibit 1 Declaration of Jeff Shroll USCA Case #22-1019 Document #1959961 Filed: 08/18/2022 Page 1 of 22 ORAL ARGUMENT NOT YET SCHEDULED Nos. 22-1019 & 22-1020 (consolidated) IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT EAGLE COUNTY, COLORADO, Petitioner, CENTER FOR BIOLOGICAL DIVERSITY, ET AL., Petitioners, v. SURFACE TRANSPORTATION BOARD, ET AL., Respondents, SEVEN COUNTY INFRASTRUCTURE COALITION AND UINTA BASIN RAILWAY, LLC, Intervenors. DECLARATION OF JEFF SHROLL USCA Case #22-1019 Document #1959961 Filed: 08/18/2022 Page 2 of 22 2 I, Jeff Shroll, declare the following: 1. I am the County Manager for Eagle County, Colorado. I swear that the statements set forth in this declaration are true and correct based on personal knowledge, information, and belief. If called as a witness, I could competently testify to the following facts and information. 2.I have served as the County Manager for Eagle County since 2018. Before working at Eagle County, I served as Town Manager for the Town of Gypsum, located in Eagle County, for 24 years. 3.In my role as County Manager, I am responsible for implementation of the Eagle County Board of Commissioners’ decisions and policies, and I oversee the day-to-day management of the Eagle County Government. I act as the County’s budget officer and I oversee all County departments other than the County Attorney’s Office and the offices of the various elected officials, including overseeing the operations of the Environmental Health Department, Open Space Department, and Sustainable Communities Department. 4.As County Manager and longtime resident of Eagle County, I am familiar with the environment, natural resources, and historic resources of Eagle County. 5.Eagle County is a county empowered under the laws of the State of Colorado to make and enforce regulations to manage and regulate, among many USCA Case #22-1019 Document #1959961 Filed: 08/18/2022 Page 3 of 22 3 things, infrastructure, to protect the health, safety, and welfare of its citizens, and to preserve and enhance the environment, natural and historic resources, livability, and aesthetic quality of Eagle County. 6.To that end, Eagle County has established laws and policies intended to improve and protect the health, safety, welfare, and quality of life for its residents, and to preserve and protect the County’s environment and natural and historic resources and properties. 7.Eagle County is located in the Rocky Mountains in central Colorado and is comprised of almost 1,700 square miles of pristine mountainous terrain, valleys, rivers, and forests. The County has nine towns and some of the most popular ski resorts in the country. A vast majority of Eagle County’s land is public and includes natural areas and other lands owned by the County or State of Colorado, federal national forests and wilderness areas, and lands owned by the United States Bureau of Land Management. 8.Our environment, including the rivers, mountains, forests, and valleys, provide unique and critical wildlife habitat and world-class recreational opportunities including hiking, mountain biking, skiing, fishing, rafting, and hunting. The health of Eagle County’s environment and natural resources is critical to the County’s communities and to our economy, which relies on tourism to support our economy and local businesses. Thus, Eagle County makes the USCA Case #22-1019 Document #1959961 Filed: 08/18/2022 Page 4 of 22 4 protection and enhancement of the County’s natural environment a priority to ensure the health, safety, welfare, and economic well-being of its citizens. 9.Eagle County has established many regulations and policies to protect our environment and the resources on which we rely. 10.For example, in 2002, the Board of County Commissioners established the Eagle County Open Space Program intended to acquire, maintain, and preserve lands in the County that possess values such as “fish and wildlife habitat,” “public access to rivers and streams,” and “cultural or historic values.” The Open Space Program is funded by a dedicated mill levy tax on property in the County. The Program has preserved over 15,000 acres of land for open space in the County. 11.Eagle County also protects its natural and historic resources through land use regulations that are, as expressly stated in our regulations, “intended to protect the public health, safety, and welfare by regulating activities and development in hazardous areas; protecting lands from activities which would cause immediate or foreseeable material danger to significant wildlife habitat and would endanger a wildlife species; preserving and regulating areas of historical and archaeological importance with respect to the establishment of roads on public lands administered by the federal government.” USCA Case #22-1019 Document #1959961 Filed: 08/18/2022 Page 5 of 22 5 12.The County’s land use regulations also include regulations specifically intended to protect matters of “statewide interest.” In 1974, the Colorado legislature vested local governments with what are known as “1041 powers,” under which Eagle County identifies, designates, and regulates areas and activities of state interest through a local permitting process applied to development projects in the County. Eagle County’s 1041 regulations “protect the beauty of the landscape and natural scenic characteristics, to preserve and protect important archeological and historic sites, to protect and enhance wildlife habitat, air and water quality, and to conserve natural resources.” 13.The County also protects historic resources through designation of zoning districts, such as the Fulford Historical (FH) zone district, which limits residential development within the existing historical Town of Fulford to preserve the rural character of the County. 14.Eagle County continues to take action to address the impact of climate change, including wildfires, which is one of the most pressing and significant threats facing Eagle County’s environment and communities. For instance, in 2013, Eagle County adopted an Environmental Policy Statement establishing the County’s environmental priorities of wildlife protection, waste diversion and recycling, water conservation, clean air, greenhouse gas reduction, and adoption of clean renewable energy. The policy supports improvements in building energy USCA Case #22-1019 Document #1959961 Filed: 08/18/2022 Page 6 of 22 6 efficiency, investments in solar electricity generation, and helps in reducing energy costs. Each year the Eagle County Board of Commissioners reviews the environmental policy statement and considers changes in the County’s environmental priorities and objectives. 15.Eagle County has devoted significant resources to addressing the threat of wildfires, including wildfire mitigation in the form of vegetation manipulation, fire resistant construction materials, water supply development, access improvement, and evacuation planning. Eagle County has adopted wildfire regulations to reduce or minimize impacts of wildfire hazards on properties and our residents, and they are intended to facilitate access to buildings by firefighters in the event of a wildfire. 16.Eagle County also adopted a Community Wildfire Protection Plan to coordinate wildfire protection and mitigation among the towns and fire districts under a single plan. In addition, in 2015, the County contracted a company to map the wildfire hazard on all private lands in unincorporated Eagle County which helps assist implementation of wildfire regulations. 17.The County’s regulations have been established to protect the health, safety, and welfare of its citizens and to preserve and enhance the livability, aesthetic, and environmental quality of the County, which are some of the County’s most valuable proprietary interests. The County’s powers to regulate and USCA Case #22-1019 Document #1959961 Filed: 08/18/2022 Page 7 of 22 7 protect its natural and historic resources are essential to fulfill its legal duties and protect the quality of life Eagle County, which in turn maintains property values and generates revenue necessary to sustain the County. 18.I have reviewed and am generally familiar with the proposed Uinta Basin Railway (the Railway) that includes the construction and operation of a new 88-mile rail line in Utah. Eagle County participated in and submitted comments during the Surface Transportation Board proceeding on the Railway. Eagle County is one of several western Colorado counties through which trains carrying oil will use an existing line owned by the Union Pacific Railroad Company known as the Central Corridor. The Central Corridor is the only regularly used rail line to cross the Colorado Rocky Mountains, via a route that is known as the Moffat Tunnel Subdivision, and it runs directly adjacent to the Colorado River for many miles through Eagle County. 19.I am aware that the Railway is intended to allow trains to carry crude oil from the Uinta Basin to other parts of the country, that there can be up to 10 trains a day on the new rail line, and that those trains will travel the Union Pacific line all the way to Denver, Colorado. The Railway will cause a significant increase in the number of trains traveling through Eagle County. It is my understanding that these trains will include over 100 oil tanker cars and will be as long as 10,000 feet. Thus, Eagle County will see an increase of almost 20 miles of USCA Case #22-1019 Document #1959961 Filed: 08/18/2022 Page 8 of 22 8 trains each day on the Union Pacific line that runs through the County and along the Colorado River. 20.The County is concerned about the environmental impact and public safety risks of the Railway, including the significant increase of rail traffic through Eagle County and the resulting noise, vibrations, and pollution from the trains and the threat additional trains pose to wildlife in the County. The County is also concerned by the impact of a train wreck and the associated oil spills from the oil tanker cars. Virtually the entire portion of the Union Pacific line located in Eagle County runs directly adjacent to the Colorado River. Any derailment and oil spill could have a devasting impact on the River, one of the most important rivers in the country. The County is concerned that the Surface Transportation Board did not adequately evaluate the environmental impacts and public safety risks of the increase in train traffic running through Eagle County. 21.People from all over the world visit Eagle County to raft the Colorado River, ski our slopes, and hike and mountain bike in our mountains and forests. Our residents, visitors, and tourists use the Colorado River for rafting, fishing, and water recreation, wildlife viewing, and other activities. The pristine forests through which the Union Pacific line runs are used for many other outdoor activities. The noise, vibrations, and pollution and harm to wildlife from the significant increase of train traffic from the Railway will negatively impact the use USCA Case #22-1019 Document #1959961 Filed: 08/18/2022 Page 9 of 22 9 and enjoyment of the river and forests by our residents and visitors. Any derailment and oil spill would diminish the County’s natural resources and would have significant impact on the health and safety of the County’s communities and economy. For instance, an oil spill in the Colorado River would significantly harm the recreational opportunities on the River that generate significant revenue for the County and our local businesses. The Railway impairs the County’s ability to regulate and protect its environment and natural resources like the Colorado River. 22.Eagle County is also concerned about the increased risk of wildfires from the significant increase in rail traffic on the Union Pacific line and the impact of wildfires caused by sparks from trains or by ignition of the highly flammable crude oil being carried on the trains. I understand that climate change heightens the size, intensity, and duration of wildfires and increases the risk of catastrophic impacts to Eagle County’s communities, public health, and the environment. The threat of climate change and wildfires is highlighted by the devastating wildfires in Colorado in recent years, including the Lake Christine Fire in Eagle County in 2018. Three homes were destroyed, several hundred evacuated, and important energy infrastructure was threatened. The Railway will increase the risk of wildfire in Eagle County due to both an increased number of trains and highly flammable cargo. That increase impairs the County’s ability to prevent wildfires USCA Case #22-1019 Document #1959961 Filed: 08/18/2022 Page 10 of 22 10 and diminishes the County’s continuing, deliberate effort to protect its communities and resources from wildfires. 23.In addition, there are many historic resources in close vicinity to the existing Union Pacific line that may be impacted by noise, vibrations, and visual effects from the significant increase in rail traffic caused by the Railway. Attached as Exhibit A is a true and correct list of numerous sites that are either listed or eligible for listing on the National Register of Historic Places and along the Union Pacific line in Eagle County. The list of properties was compiled by the County using GIS mapping and information from Colorado’s State Historic Preservation Office. Some properties are as close as 100 to 150 feet from the line. The historic sites include the actual Union Pacific line segment in Eagle County and a small stone dugout structure on property owned by Eagle County. The County has identified other sites close to the existing Union Pacific line that may be eligible for listing in the National Register of Historic Places but require additional analysis. 24.The Surface Transportation Board did not contact Eagle County for information on historic properties so that it could evaluate the impact of the significant increase of rail traffic on Eagle County’s historic resources or whether these resources are sensitive to increased rail noise, vibrations, and other impacts. USCA Case #22-1019 Document #1959961 Filed: 08/18/2022 Page 11 of 22 11 The lack of involvement in the historic analysis impairs the County’s interest in protecting historic sites in the County, including those on County land. 25.The Railway not only increases ignition risks for dangerous disasters such as wildfires, it also will lead to the exploitation and burning of fossil fuels contributing to climate change, which will expose Eagle County and its residents to increased threats from extreme heat, extreme drought, and extreme weather, including fire- and flash flood-triggering thunderstorms. In other words, the Railway could both be lighting the match and fanning the flames for future impacts on Eagle County. 26.The environmental impacts of the Railway and the Surface Transportation Board’s failure to adequately consider those impacts harm the County’s ability to regulate, maintain, and protect its environment, communities, and economy. The Railway will also harm the County’s own properties along the Colorado River. Among them, the County owns Dotsero Landing River Access and Horse Creek River Access, as well as Red Dirt Creek park and Spencer’s Cabin, a primitive back country structure. These County properties are located adjacent to the Union Pacific line and along the Colorado River and are intended to facilitate enjoyment of the River and surrounding environment. They will be negatively impacted by the significant increase in train traffic from the Railway USCA Case #22-1019 Document #1959961 Filed: 08/18/2022 Page 12 of 22 12 and the various environmental impacts of the trains that will disrupt the natural setting along the River. 27.Finally, the County is concerned with the combined environmental effect of the Railway and the additional increase in rail traffic on the proposed reopening of the Tennessee Pass line which is also owned by Union Pacific and runs through Eagle County. It is my understanding that Rio Grande Pacific, which will operate the Railway, is also pursuing development of freight and passenger service on the Tennessee Pass Line. Eagle County is concerned by the risks of using the Tennessee Pass Line as an alternative route to haul crude oil from the Railway. Transport of crude oil over the remote, steep, winding, and mountainous Tennessee Pass Line would introduce risks associated with accidents, including spills and releases in or near sensitive areas such as water sources, important wildlife habitat areas, and recreational sites in Eagle County. Even if the Tennessee Pass Line was only reopened for non-oil trains to increase capacity on Union Pacific’s active line for oil trains, the increase in rail traffic would adversely affect the communities that have built up around the Tennessee Pass Line, which has been inactive for over 20 years. 28.Reopening the Tennessee Pass Line will increase rail traffic in Eagle County on top of the 10 trains a day projected if the Railway proceeds. As shown by the map attached as Exhibit B (which was submitted to the Surface USCA Case #22-1019 Document #1959961 Filed: 08/18/2022 Page 13 of 22 13 Transportation Board in Eagle County’s comments), both rail lines converge near Dotsero in Eagle County. The new operations on the Tennessee Pass Line will present similar impacts as the Railway’s noise, vibrations, pollution, and harm to wildlife in Eagle County. More trains on the Tennessee Pass Line will also increase the threat of derailment and wildfires presented by the increase of rail traffic under the Railway. The Surface Transportation Board’s failure to evaluate the impact of new traffic on the Tennessee Pass Line harms Eagle County’s interests in and ability to protect the environment and communities of Eagle County. 29.In summary, Eagle County is concerned about the harm caused by the Railway and the Surface Transportation Board’s failure to fully evaluate the impacts of the Railway and determine whether those impacts outweigh the speculative economic benefits of the Railway. USCA Case #22-1019 Document #1959961 Filed: 08/18/2022 Page 14 of 22 US C A C a s e # 2 2 - 1 0 1 9 D o c u m e n t # 1 9 5 9 9 6 1 F i l e d : 0 8 / 1 8 / 2 0 2 2 P a g e 1 5 o f 2 2 Exhibit A to Declaration USCA Case #22-1019 Document #1959961 Filed: 08/18/2022 Page 16 of 22 Exhibit A Eagle County sites either listed or eligible for listing on the National Register of Historic Places (NHRP) and identified by the Smithsonian identification number: Denver & Rio Grande Western Railroad (D&RGW): The D&RGW has been recorded under four different Smithsonian numbers in Eagle County (5EA198 / 5EA214 / 5EA1595 / 5EA1940). The railroad was officially determined to be NRHP eligible in 2002, and there are 14 supporting segments in the study corridor. This railway crosses portions of Garfield, Eagle, Grand, Gilpin, Boulder, Jefferson, and Denver Counties. It is part of a major transportation network that played an integral role in the settlement and economic development of Colorado and the American West during the early 20th Century. The railroad right-of-way intersects a mix of private, county, state, and federal (BLM) land. 5EA21 / 5EA245: Site 5EA21, which was subsequently redocumented as 5EA245, is a historic waterwheel structure located within the Colorado River. This site is listed on the NRHP. The handmade wooden waterwheel was constructed in the early 20th- century for irrigation and is believed to be the largest wheel in the state. It is significant based on its association with agriculture, irrigation, and water rights, and is considered an engineering achievement. This site is located 500 feet south of the railroad line on privately owned land. 5EA244: This site is a historic cabin built in 1930. It was recorded in 1976 and field evaluated as eligible for the NRHP. It is located approximately 600 feet northeast of the railroad line. 5EA317: Site 5EA317 is a prehistoric rock art site known as Shield Cave. It consists of a naturally occurring rock shelter that contains numerous panels of painted pictographs depicting humans, animals, and geometric symbols. Also, there is a low rock wall built within the cave. This site was recorded in 1984 and field evaluated as NRHP eligible due to the presence of well-preserved painted rock art. The site is located on BLM land about 570 feet south of the railroad line. USCA Case #22-1019 Document #1959961 Filed: 08/18/2022 Page 17 of 22 2 5EA637: This historic site is the original State Bridge, which was built in 1890. The locale is significant as the only year-round crossing point on this segment of the Colorado River connecting North Park and the Yampa River valley in northwestern Colorado with the rest of the state. It is also the oldest remaining example of a wooden Howe truss bridge in the state. State Bridge was listed on the NRHP in 1985. The bridge is located 150 feet southeast of the railroad line. 5EA1592: Site 5EA1592 is a prehistoric open camp that consists of flaked stone tools, debitage, and ground stone artifacts. The site was designated as officially eligible for NRHP in 2007 due to its demonstrated potential to yield additional data important to our understanding of prehistoric settlement and lifeways in the Southern Rocky Mountains. This site is located 350 feet north of the railroad line on land administered by the BLM. 5EA2142: This site is a prehistoric open camp consisting of flaked stone tools, ground stone, lithic debitage, and three culturally modified trees. Site 5EA2142 was officially determined to be eligible for the NRHP in 2009. It is located 720 feet north of the railroad line. 5EA2143: Site 5EA2143 is a prehistoric open camp that includes flaked stone tools, ground stone, lithic debitage, and one culturally modified tree. Subsurface testing revealed evidence of additional buried artifacts, and the site was officially determined to be eligible in 2009. The site is considered eligible due to its potential to yield additional data contributing to the understanding of prehistoric subsistence and settlement patterns. It is located 700 feet north of the railroad line. 5EA2304: This site consists of the remains of buildings, stone features, and a historic artifact scatter. Associated dates for the locale range from 1870-1910. It was officially determined to be NRHP eligible in 2005. It is located approximately 325 feet north of the railroad line. USCA Case #22-1019 Document #1959961 Filed: 08/18/2022 Page 18 of 22 3 5EA2555: Site 5EA2555 is a prehistoric lithic scatter made up of flaked stone tools and lithic debitage. It was officially determined to be NRHP eligible in 2007. This site is located approximately 250 feet north of the railroad line. 5EA2556: This prehistoric site is a prehistoric lithic scatter made up of flaked stone tools and lithic debitage. It was officially determined to be NRHP eligible in 2007. This site is situated 200 feet north of the railroad line. 5EA2557: Site 5EA2557 is a prehistoric open camp that includes a stone circle and a small assemblage of flaked stone tools and lithic debitage. This site was officially listed as NRHP eligible in 2007. It is located approximately 350 feet north of the railroad line. 5EA2587.2 This linear resource is a segment of U.S. Highway 6, which is considered significant at the national level. It was constructed in the 1920s and was one of the earliest trans-continental automobile routes. The entire extent of U.S. Highway 6 in Colorado is officially NRHP eligible for its association with the history of transportation and the establishment of the federal highway system. This segment of the highway is evaluated as supporting the overall eligibility of the larger resource. The eastern end of the segment crosses the railroad line. 5EA2704: Prehistoric site 5EA2704 is comprised of seven rock features. It was officially determined to be eligible in 2008. The site boundary extends onto both private and BLM land. It is 570 feet northeast of the railroad line. 5EA2756: This historic site is the remains of a residential structure with an associated scatter of domestic and structural debris that date to ca. 1900. Site 5EA2756 was officially determined to be NRHP eligible in 2009. It is located approximately 100 feet to the east of the railroad line. USCA Case #22-1019 Document #1959961 Filed: 08/18/2022 Page 19 of 22 4 5EA3041.1: This linear resource is a segment of Eagle County Road 301, which was originally built sometime prior to 1918 as a short, local road connecting the communities of Burns and McCoy. The road in its entirety has been evaluated as significant at the local level for its association with transportation in the area. This section of the road was evaluated as a supporting segment with official State Historic Preservation Office concurrence in 2013. The north end of the segment parallels the southside of the railroad line and the county road right-of-way is located on BLM land. R028750: Eagle County’s records include a picture of a partially collapsed foundation/small stone dugout structure with a wood-framed door below on parcel R028750. This potential cultural resource has not been documented or evaluated for NRHP eligibility. The site is approximately 350 feet from the railroad line. Figure 1. Remains of an unrecorded archaeological feature located on Eagle County-owned land (parcel R028750). USCA Case #22-1019 Document #1959961 Filed: 08/18/2022 Page 20 of 22 Exhibit B to Declaration USCA Case #22-1019 Document #1959961 Filed: 08/18/2022 Page 21 of 22 Tennessee Pass Line USCA Case #22-1019 Document #1959961 Filed: 08/18/2022 Page 22 of 22 ORAL ARGUMENT NOT YET SCHEDULED Nos. 22-1019 & 22-1020 (consolidated) IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT EAGLE COUNTY, COLORADO, Petitioner, CENTER FOR BIOLOGICAL DIVERSITY, ET AL., Petitioners, v. SURFACE TRANSPORTATION BOARD, ET AL., Respondents, SEVEN COUNTY INFRASTRUCTURE COALITION AND UINTA BASIN RAILWAY, LLC, Intervenors. PETITIONER EAGLE COUNTY’S OPENING BRIEF Bryan R. Treu County Attorney Eagle County, Colorado 500 Broadway P.O. Box 850 Eagle, Colorado 81631 (970) 328-8685 Nathaniel H. Hunt Robert W. Randall Christian L. Alexander Kaplan Kirsch & Rockwell LLP 1675 Broadway, Suite 2300 Denver, Colorado 80202 (303) 825-7000 Counsel for Petitioner Eagle County, Colorado USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 1 of 86 i CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES Parties and Amici. Petitioner Eagle County, Colorado and Petitioner Center for Biological Diversity et al. brought separate petitions for review which were consolidated by the Court. The Respondents are the Surface Transportation Board, the United States of America, and U.S. Fish and Wildlife Service. Respondents-Intervenors are Seven County Infrastructure Coalition and Uinta Basin Railway, LLC. The State of Utah intends to participate as amici. Rulings under Review. Eagle County petitions for review of the Surface Transportation Board’s decision on December 15, 2021, in Seven Cnty. Infrastructure Coal.—Rail Constr. & Operation Exemption—in Utah, Carbon, Duchesne, & Uintah Cntys., Utah, FD 36284, slip op. (STB served Dec. 15, 2021), ID-51032. The Board’s decision approved the construction and operation of an 88- mile rail line for the purpose of transporting oil from the Uinta Basin in Utah (the Railway) and exempted the construction and operation of the Railway from regulation. In petitioning for review of the Board’s December 15, 2021 decision, Eagle County also challenges the Board’s January 5, 2021 “preliminary” decision conditionally granting an exemption for the Railway based on a partial analysis of the Railway’s transportation merits. See Seven Cnty. Infrastructure Coal.—Rail Constr. & Operation Exemption—in Utah, Carbon, Duchesne, & Uintah Cntys., USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 2 of 86 ii Utah, FD 36284, slip op. (STB served Jan. 5, 2021), ID-50412. The Board’s January 5, 2021 decision was relied on and incorporated in the subsequent December 15, 2021 decision. Related Cases. The two consolidated petitions for review have not previously been before this Court or any other court. To counsel’s knowledge, there are no other cases pending which involve substantially the same issues as this consolidated proceeding. USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 3 of 86 iii TABLE OF CONTENTS Page TABLE OF AUTHORITIES .................................................................................... vi GLOSSARY OF TERMS .......................................................................................... x STATEMENT REGARDING ADDENDUM OF STATUTES AND REGULATIONS ............................................................................................. xi JURISDICTIONAL STATEMENT .......................................................................... 1 STATEMENT OF ISSUES ....................................................................................... 1 STATEMENT OF THE CASE .................................................................................. 2 A.The proposed Railway...................................................................... 2 B.The Board’s licensing requirements under the ICCT Act. .............. 3 C.The Board conditionally granted an exemption based on a limited transportation merits analysis. ............................................. 5 D.The Board’s environmental review of the Railway did not adequately consider the impact of increased rail traffic on the Union Pacific Line. .................................................................... 8 E.The Board issued the Final Decision exempting the Railway. ...... 11 SUMMARY OF ARGUMENT ............................................................................... 12 STANDING ............................................................................................................. 15 STANDARD OF REVIEW ..................................................................................... 16 ARGUMENT ........................................................................................................... 16 I.The Board’s grant of an exemption for the Railway is arbitrary and violates the ICCT Act. .................................................................. 16 USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 4 of 86 iv A. The Board disregarded its policy against conditionally granting an exemption before completing its environmental review. ............................................................................................ 16 B. The Board’s segregation of transportation merits and environmental impact analyses resulted in a flawed exemption decision. ........................................................................ 19 C. The Board arbitrarily applied the economic-related Rail Policies in its transportation merits analysis. ................................. 24 II. The Board failed to take a hard look at the Railway’s environmental impacts along the Union Pacific Line in violation of NEPA and the APA. ........................................................ 28 A. The Board arbitrarily limited the scope of its environmental analysis to the Railway’s proposed new line. ................................ 29 B. The Board failed to adequately consider the impact of increased rail traffic on resources along the Union Pacific Line. ................................................................................................ 31 C. The Board failed to analyze the increased risk and severity of wildfires presented by the increase in oil trains on the Union Pacific Line. ........................................................................ 34 D. The Board failed to evaluate the cumulative impact of the Railway and the proposed reactivation of the Tennessee Pass Line in Colorado. ........................................................................... 37 III. The Board’s environmental evaluation was based on an arbitrary assumption that the Railway’s loaded oil trains would have the same accident rates as all other trains. .................................. 39 IV. The Board violated the NHPA by failing to consult on and evaluate the impact of the Railway’s operations on historic properties along the existing Union Pacific Line. ............................... 42 A. The Board failed to consult with Eagle County as local government affected by the Railway. ............................................ 42 B. The Board failed to adequately consider potential effects to historic properties in violation the NHPA and NEPA. .................. 44 USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 5 of 86 v V. The Board was arbitrary in determining that the Railway’s environmental harms are outweighed by the transportation merits. .................................................................................................. 46 CONCLUSON AND RELIEF SOUGHT ................................................................ 49 USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 6 of 86 vi TABLE OF AUTHORITIES Cases Alamo Exp., Inc. v. ICC, 673 F.2d 852 (5th Cir. 1982) .................................................................................. 4 Am. Radio Relay League, Inc. v. FCC, 524 F.3d 227 (D.C. Cir. 2008) .............................................................................24 Am. Rivers & Ala. Rivers Alliance v. FERC, 895 F.3d 32 (D.C. Cir. 2018) ...............................................................................27 Amerijet Int’l, Inc. v. Pistole, 753 F.3d 1343 (D.C. Cir. 2014) .................................................................... 20, 34 Baltimore Gas & Elec. Co. v. Natural Res. Def. Council, 462 U.S. 87 (1983) .................................................................................... 5, 30, 39 BNSF Ry. Co. v. Surface Transp. Bd., 741 F.3d 163 (D.C. Cir. 2014) ...................................................................... 26, 49 Calvert Cliffs’ Coordination Comm. v. United States A.E. Com’n, 449 F.2d 1109 (D.C. Cir. 1971) ...........................................................................28 Ctr. for Biological Diversity v. Nat’l Highway Traffic Safety Admin., 538 F.3d 1172 (9th Cir. 2008) ..............................................................................33 City of Dania Beach v. FAA, 485 F.3d 1181 (D.C. Cir. 2007) ...........................................................................15 City of Jersey City v. CONRAIL, 668 F.3d 741 (D.C. Cir. 2012) .............................................................................15 City of Los Angeles v. NHTSA, 912 F.2d 478 (D.C. Cir. 1990) .............................................................................37 City of Phoenix v. Huerta, 869 F.3d 963 (D.C. Cir. 2017) .............................................................................43 Genuine Parts Co. v. EPA, 890 F.3d 304 (D.C. Cir. 2018) .............................................................................41 Getty v. Fed. Sav. & Loan Ins. Corp., 805 F.2d 1050 (D.C. Cir. 1986) ...........................................................................32 Ill. Commerce Comm’n v. ICC, 787 F.2d 616 (D.C. Cir. 1986) .......................................................... 19, 22, 25, 26 USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 7 of 86 vii Klamath-Siskiyou Wildlands Center v. BLM, 387 F.3d 989 (9th Cir. 2004) ................................................................................37 Mid States Coalition for Progress v. Surface Transp. Bd., 345 F.3d 520 (8th Cir. 2003) ......................................................................... 38, 43 N.Y. Cross Harbor R.R. v. Surface Transp. Bd., 374, F.3d 1177 (D.C. Cir. 2004) ..........................................................................20 Oglala Sioux Tribe v. NRC, No. 20-1489 (D.C. Cir. Aug. 9, 2022)..................................................................42 Public Emp. for Envt’l. Resp. v. Hopper, 827 F.3d 1077 (D.C. Cir. 2016) ...........................................................................41 Robertson v. Methow Valley Citizens Council, 490 U.S. 332 (1989) .........................................................................................5, 23 Sierra Club v. FERC, 867 F.3d 1357 (D.C. Cir. 2017) .................................................................... 36, 41 W. Deptford Energy, LLC v. FERC, 766 F.3d 10 (D.C. Cir. 2014) ...............................................................................19 Statutes 5 U.S.C. § 702 ............................................................................................................ 1 42 U.S.C. § 4321 ........................................................................................................ 1 49 U.S.C. § 10101 ..................................................................................................1, 4 49 U.S.C. § 10101(2) .................................................................................... 7, 24, 27 49 U.S.C. § 10101(4) .................................................................................... 7, 21, 24 49 U.S.C. § 10101(5) .................................................................................... 7, 21, 24 49 U.S.C. § 10101(7) .................................................................................... 7, 24, 27 49 U.S.C. § 10101(8) .............................................................................. 4, 19, 20, 22 49 U.S.C. § 10101(11) ................................................................................ 19, 20, 22 49 U.S.C. § 10101(14) ................................................................................ 19, 21, 22 49 U.S.C. § 10502 ..................................................................................................3, 4 49 U.S.C. § 10901 ...................................................................................................... 3 54 U.S.C. § 300101 .................................................................................................... 2 USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 8 of 86 viii 54 U.S.C. § 304108(b) .............................................................................................42 54 U.S.C. § 306108 ..................................................................................................42 Regulations 36 C.F.R. § 800.2 .....................................................................................................43 36 C.F.R. § 800.4 .....................................................................................................43 36 C.F.R. § 800.5 .....................................................................................................43 36 C.F.R. § 800.6 .....................................................................................................44 40 C.F.R. § 1502.16(g)(2019) ..................................................................................46 40 C.F.R. § 1502.22(2019) ......................................................................................42 40 C.F.R. § 1502.24(2019) ......................................................................................32 40 C.F.R. § 1508.7(2019) ........................................................................................38 40 C.F.R. § 1508.8(b)(2019) ....................................................................................28 49 C.F.R. § 1105.7 ...................................................................................... 21, 28, 46 49 C.F.R. § 1121.4(a) ...........................................................................................4, 17 49 C.F.R. § 1150.4 ..................................................................................................... 3 49 C.F.R. § 1150.6 ..................................................................................................... 3 49 C.F.R. § 1150.10(f), (g) ........................................................................................ 3 Surface Transportation Board Decisions Alaska R.R.—Constr. & Operation Exemption—Rail Line Between Eielson Air Force Base & Fort Greely, Alaska, FD 34658 (STB served Oct. 4, 2007) ................................................. 4, 5, 16, 17, 18 California High-Speed Rail Auth.—Construction Exemption— In Fresno, Kings, Tulare, and Kern Counties, Cal., FD 35724, (Sub-No. 1) (STB served Dec. 4, 2013) ......................................... 17, 19 California High-Speed Rail—Construction Exemption— In Merced, Madera and Fresno Counties, Cal., FD 35724 (STB served June 13, 2013) ............................................................. 22, 27 USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 9 of 86 ix Ken Tenn Reg’l R. Partners, Inc.—Construction & Operation Exemption—In Fulton Cty., Ky. And Obion Cty., Tenn., FD 36328 (STB served July 23, 2021) ....................................................................17 Port of Moses Lake—Construction Exemption—Moses Lake, Wash., FD 34936 (STB served Dec. 3, 2019) .................................................................5, 23 Texas Central R.R. & Infrastructure, Inc. & Texas Central R.R., LLC—Petition for Exemption—Passenger R. Line Between Dallas and Houston, Tex., FD 36025 (STB served July 16, 2020) ........................................................... 3, 5, 24 US Rail Corp.—Const. and Operation Exemption— Brookhaven R. Terminal, FD 35141 (STB served Sept. 9, 2010) .....................................................................18 USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 10 of 86 x GLOSSARY OF TERMS APA Administrative Procedures Act Board Surface Transportation Board Coalition Seven County Infrastructure Coalition and Uinta Basin Railway, LLC EIS Environmental Impact Statement Final Decision The Surface Transportation Board’s December 15, 2021 approval of the Railway ICCT Act Interstate Commerce Commission Termination Act NEPA National Environmental Policy Act NHPA National Historic Preservation Act Preliminary Decision The Surface Transportation Board’s January 5, 2021 preliminary decision regarding the transportation merits of the Railway Railway Uinta Basin Railway USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 11 of 86 xi STATEMENT REGARDING ADDENDUM OF STATUTES AND REGULATIONS The relevant statutes and regulations are submitted in an attached addendum. USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 12 of 86 1 JURISDICTIONAL STATEMENT This Court has jurisdiction over Eagle County’s petition for review of the Surface Transportation Board’s (the Board) decision exempting construction and operation of the Uinta Basin Railway (Railway) from the Board’s licensing regulations issued December 15, 2021 (Final Decision), ID-51032,1 pursuant to 28 U.S.C. §§ 2321(a), 2342(5), 2344. Eagle County’s petition filed on February 10, 2022, is timely. STATEMENT OF ISSUES 1. Whether the Board’s Final Decision to exempt the Railway was arbitrary and in violation of the Interstate Commerce Commission Termination Act (ICCT Act), 49 U.S.C. § 10101 et seq., and the Administrative Procedure Act (APA), 5 U.S.C. § 702, because the Board a) conditionally granted an exemption for the Railway before it completed its environmental review, b) failed to perform an adequate analysis of the rail transportation policies contained in 49 U.S.C. § 10101 (Rail Policies), and c) arbitrarily determined the Railway’s transportation merits outweighed its significant environmental impacts. 2. Whether the Board’s environmental review of the Railway violated the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq., National 1 Citations to the administrative record are identified by the Board’s docket ID number. See Certification of Administrative Record, Doc. No. 1940839. USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 13 of 86 2 Historic Preservation Act (NHPA), 54 U.S.C. § 300101 et seq., and the APA, because the Board failed to take a hard look at the environmental effects of the Railway’s significant increase in rail traffic and potential for accidents on the existing Union Pacific main line between Kyune, Utah and Denver, Colorado (the Union Pacific Line). STATEMENT OF THE CASE A. The proposed Railway. Respondent-Intervenor Seven County Infrastructure Coalition (the Coalition), an independent political subdivision of the State of Utah comprising seven member counties, seeks to construct and operate the Railway, an 88-mile rail line connecting the Uinta Basin to the national rail network at Kyune, Utah, where it will meet with the existing 457-mile Union Pacific Line to Denver. See FEIS_3.2-6, App. C, ID-50896. The Railway is proposed to ship crude oil produced in the Uinta Basin to markets across the country. The Railway’s new rail traffic includes up to 9.5 trains a day on the Union Pacific Line, comprised of 8 locomotives and well over 100 cars, extending up to 10,000 feet in length, FEIS_1-4; 3.6-9. Thus, 18 miles of oil trains will travel the Union Pacific Line each day. The Union Pacific Line is the only active east-west rail line through Colorado running through hundreds of thousands of acres of federal land and USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 14 of 86 3 traversing the Rocky Mountains, including through Eagle County, Colorado, within feet of the Colorado River. EI-30611 at 4, 30, 31 (Eagle County Comments); EI-26511 at 1 (Colo. Dept. of Health and Environment Comments). B. The Board’s licensing requirements under the ICCT Act. The Railway must first be approved by the Board, which under the ICCT Act has exclusive jurisdiction over the interstate rail network, including authorizing construction and operation of railroad lines. 49 U.S.C. § 10901(a). Before issuing a certificate authorizing a project, the Board must consider whether a proposed activity is “inconsistent with the public convenience and necessity” and may impose any conditions necessary in the public interest. Id. § 10901(a), (c). The certificate application process “provide[s] the Board with additional information pertaining to the financial condition of the applicant and financial feasibility of the Railway that would assist the Board in considering the transportation merits of the Railway.” Texas Central R.R. & Infrastructure, Inc. & Texas Central R.R., LLC—Petition for Exemption—Passenger R. Line Between Dallas and Houston, Tex., FD 36025, slip op. at 14 (STB served July 16, 2020) (Texas Central); see also 49 C.F.R. § 1150.4-.6, .10(f), (g) (application and public comment requirements). An applicant may seek exemption from the more stringent application process. 49 U.S.C. § 10502. An exemption proceeding is “informal” and USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 15 of 86 4 generally does not include public review. 49 C.F.R. § 1121.4(a). The Board exempts projects from its licensing authority and application process when it finds that regulation under its licensing provisions (1) is not necessary to “carry out” the Rail Policies, under 49 U.S.C. § 10101, and (2) either the transaction or service is of limited scope or the application is not needed to protect shippers from the abuse of market power. Id. § 10502(a). The Board’s evaluation of Rail Policies includes consideration of environmental issues under the Rail Policy objectives of “operat[ing] transportation facilities and equipment without detriment to the public health and safety,” id. § 10101(8), and “energy conservation,” id. § 10101(14). The Board’s Rail Policy analysis “must guide the [Board] in all its decisions.” Alamo Exp., Inc. v. ICC, 673 F.2d 852, 860 (5th Cir. 1982). The Board calls its evaluation of whether an exemption “carries out” the Rail Policies its “transportation merits” analysis. See Alaska R.R.—Constr. & Operation Exemption—Rail Line Between Eielson Air Force Base & Fort Greely, Alaska, FD 34658, slip op. at 2 (STB served Oct. 4, 2007) (Alaska I). Before granting an exemption, the Board must also review the environmental impacts of its action pursuant to federal environmental laws, including NEPA, which requires a “hard look” at environmental consequences and ensures that the Board “consider[s] every significant aspect of the environmental USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 16 of 86 5 impact of a proposed action” and “inform[s] the public that it has indeed considered environmental concerns.” Baltimore Gas & Elec. Co. v. Natural Res. Def. Council, 462 U.S. 87, 97 (1983). Unlike the Board’s substantive transportation merits analysis, the Board’s NEPA analysis is procedural in nature. Robertson v. Methow Valley Citizens Council, 490 U.S. 332, 352 (1989). The Board evaluates a project’s transportation merits and environmental effects together in a single decision unless there are “unique or compelling circumstances,” justifying conditionally granting an exemption before completion of the Board’s environmental review. Alaska I, slip op. at 2. To arrive at a final decision regarding a proposed rail project, the Board must weigh the transportation merits and the environmental impacts. See Port of Moses Lake—Construction Exemption—Moses Lake, Wash., FD 34936, slip op. at 5-6 (STB served Dec. 3, 2019) (Moses Lake). Denial of a request for exemption does not preclude a project applicant from seeking authority through the Board’s certificate application process. See Texas Central, slip op. at 14. C. The Board conditionally granted an exemption based on a limited transportation merits analysis. The Coalition petitioned for exemption from the Board’s application process for the Railway on May 29, 2020. ID-300676. Several parties opposed the petition based on the Railway’s speculative financial viability, questionable benefits, and significant impact to public health, safety, and the environment. See USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 17 of 86 6 ID-300854; ID-300852; ID-300845; ID-300857; ID-300870. Conservation Groups2 and others filed replies in opposition to exemption petition, urging the Board to require a full application process, which would “allow the Board to fully weigh the Railway’s costs and benefits” and “fully develop a public record of the Railway’s financial fitness, so that any financial risks and risks to communities can be weighed against the [Railway’s] highly speculative purported benefits.” ID- 300854 at 4 (Conservation Groups Reply); ID-300852 at 4 (Argyle Wilderness Preservation Alliance Reply) (stating a “petition for exemption procedure is not appropriate where, as here, there is no evidence of financial ability to complete the track construction”). The Conservation Groups provided the Board with the Coalition’s own 2018 pre-feasibility study prepared by the consultancy firm R.L. Banks that stated the Railway’s viability relies entirely on the assumptions that future oil markets will be stable or favorable; that the demand for the type of waxy crude oil found in the Uintah Basin is untested and uncertain; and that there is relatively little private sector incentive to invest in the Railway. ID-300875 at 416-417 (R.L. Banks Study at 14-15, included in the Conservation Group’s July 13, 2020 Supplemental Filing); see ID-50412, January 5, 2021 Board Preliminary Decision (Preliminary Decision) at 3-5 (discussing opposition arguments against the Coalition’s petition 2 Conservation Groups refers to Petitioners Center for Biological Diversity et al. USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 18 of 86 7 for exemption). The R.L. Banks study was heavily-redacted and the Coalition had not submitted the study to the Board to support its request for the Railway. Id. at 14 (Oberman, dissenting). Contradicting its policy against conditionally granting exemptions, on January 5, 2021, the Board “preliminarily” granted the Coalition’s exemption based exclusively on the Railway’s “transportation merits” and before completing analyses of the Railway’s environmental impact. Id. at 25. The Board cited Rail Policies fostering sound economic conditions in transportation and reducing regulations as primary factors supporting its decision, id. at 9 (citing 49 U.S.C. §§ 10101(2), (4), (5), (7)). However, in response to questions raised about the Railway’s speculative financial viability, the Board stated that it need not resolve questions about financing, nor did “it need the material currently redacted in the R.L. Banks 2018 feasibility study.” Id. 6 n.8. The Board also declined to consider certain environmentally-related Rail Policies in its decision, including the public safety, train derailment, and wildfire-related issues, stating that such concerns would “be examined as part of [the Office of Environmental Analysis’]3 environmental review and further examined by the Board in a subsequent decision considering the environmental impacts of the Railway.” Id. at 9-10. 3 Unless otherwise noted, references to the Board include the Board’s Office of Environmental Analysis. USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 19 of 86 8 Board Member Martin J. Oberman wrote an extensive dissent arguing against conditionally granting an exemption to the Coalition as contrary to Board policy and inconsistent with the incomplete record before the Board. Id. at 11-22. Oberman stated that the “Coalition has redacted every statistic and every table in the R.L. Banks study . . . [and] [t]herefore, it is impossible for the Board (or anyone) to evaluate the substance and reliability of the conclusions purportedly reached by R.L. Banks . . . .” Id. at 15. Eagle County and the Conservation Groups petitioned for reconsideration of the Board’s Preliminary Decision. ID-301530; ID-301532. The Board denied the petitions for reconsideration on September 30, 2021 (September Decision), over the second dissent of the recently-appointed Board Chairman Oberman. ID-50728. D. The Board’s environmental review of the Railway did not adequately consider the impact of increased rail traffic on the Union Pacific Line. The Office of Environmental Analysis undertook preparation of an environmental impact statement (EIS) of the Railway pursuant to NEPA and an evaluation of the Railway’s potential effects on historic properties under the NHPA in 2019. DEIS_S-4, 5-3. From the outset of the Board’s environmental review, there was significant opposition to and concerns about the Railway. The Colorado Department of Public Health and Environment informed the Board that it was “essential to expand the USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 20 of 86 9 study area contemplated for the EIS in order to capture potential effects from enabling more trains every day, some portion of which will be carrying crude oil . . . in environmentally sensitive and populated areas in Colorado.” EI-26511 at 1. The Board published a Draft EIS for review and comment on October 30, 2020. ID-50473. The Board noted that the Railway’s “[i]ncreased rail traffic would have the greatest impacts on the segment of the existing [Union Pacific] rail line between Kyune and Denver because this segment is the longest existing rail line segment in the downline study area and would receive the most new rail traffic if the proposed rail line were constructed.” DEIS_3.2-6. Under the Board’s high rail traffic scenario, the Union Pacific Line would experience more than double the risk of an accident than under existing conditions. Id. The Board predicted that accidents involving a loaded oil train would occur on the Union Pacific Line “slightly less than once per year under the high rail traffic scenario,” DEIS_3.2-7, which was significantly higher than the Board’s projection that accidents involving a loaded oil train on the proposed line would “occur approximately once every 3 to 10 years.” DEIS_3.2-4. However, the Draft EIS’s evaluation of environmental impacts from the Railway’s operations did not include the effects of increased rail traffic and accidents on the Union Pacific Line, including but not limited to impacts to water resources, biological resources, fish and wildlife, big game corridors, historic USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 21 of 86 10 properties, and the recreational use of lands through which rail traffic would travel. See DEIS_S-7 to S-9. The Board’s analysis of environmental impacts from the traffic on the Union Pacific Line was limited to compiling data on a few effects including grade-crossing safety and delays and noise and vibrations, impacts that the Board described as low. DEIS_3.1-3 to 4, 3.6-11. Further, the Board declined consideration of mitigation measures to address environmental impacts along the Union Pacific Line, because “any potential increase [in impacts] in the downline study area would be beyond the Board’s control in this proceeding.” DEIS_3.2-7 (discussing downline train accidents). Although the Board discussed its consultation and evaluation of the Railway’s potential impacts to historic resources under the NHPA, it did not consult with communities regarding the Railway’s impacts to historic properties along the existing Union Pacific Line and did not consider those impacts in the Draft EIS. See DEIS_App. N. The Board received over 1,934 comments on the Draft EIS, Final Decision at 4, including extensive comments focused on the Railway’s lack of economic viability and its significant environmental and safety impacts. See, e.g., EI-30487 (Conservation Groups); EI-30611 (Eagle County); EI-30481 (Devin Castendyk); EI-30856 (Kristin McBeth); EI-31167 (Nine Mile Canyon Coalition); EI-30358 (American Whitewater). Eagle County and the Conservation Groups expressed USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 22 of 86 11 concerns about the Railway’s significant downline impacts on Colorado communities and areas adjacent to the existing Union Pacific Line, including the environmental impact of many miles of oil trains shipping highly flammable crude oil each day over the Rocky Mountains. EI-30611 at 10-22, 29-39; EI-30487 at 17-18, 82, 98, 104-09. Public review and comment on the Draft EIS concluded on February 12, 2022, over a month after the Board’s Preliminary Decision. FEIS_S-5. On August 6, 2021, the Board published a Final EIS for the Railway. ID- 50896. The Board did not revise the EIS to include analyses of the environmental impact of increased rail traffic and accidents along the Union Pacific Line aside from a few paragraphs in Chapter 3.4 in which the Board stated it “considered” impacts to “some biological resources.” FEIS_3.4-46 to 47. The Final EIS did not impose mitigation measures to address any impacts on the Union Pacific Line. The Conservation Groups submitted supplemental comments objecting to the Final EIS on October 18, 2021. ID-303098. E. The Board issued the Final Decision exempting the Railway. On December 15, 2021, the Board issued the Final Decision in which it adopted and discussed the Final EIS and purported to weigh the previously determined transportation benefits against the Railway’s environmental harms, as required by the ICCT Act. Final Decision at 5-25. The Board did not continue its USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 23 of 86 12 overall Rail Policy analysis that was not completed in the Preliminary Decision. Regarding consideration of previously raised concerns on certain Rail Policies promoting public health and safety and the environment, the Board stated that it “properly considered the statutory standards that govern exemption requests” in its earlier decisions, adding that “the record developed in this proceeding is substantial, and additional regulatory processes would not likely add to the substance of what has been presented.” Id. at 24. In response to comments on the Draft EIS, the Board concluded that it “need not revisit the financial concerns [the Conservation Groups] raise[] as the Board already discussed those issues in its [Preliminary Decision].” Id. at 25. Although the Board found the Railway’s environmental impacts were significant, it concluded that “the transportation merits of the Railway outweigh the environmental impacts and the Coalition has demonstrated that an exemption from 10901 is appropriate.” Id. Chairman Oberman again dissented. Id. at 26-37. SUMMARY OF ARGUMENT This case involves the Board’s arbitrary exemption of a highly controversial rail project that has dubious economic feasibility and benefits, but certain significant environmental impacts. Transportation merits. The Board improperly streamlined approval of the Railway, flouting its established policy against conditionally granting exemptions USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 24 of 86 13 to rail projects when lacking a complete agency record. Instead, in a “preliminary” decision, the Board conditionally exempted the Railway from the more stringent application procedures based on an inadequate and incomplete application of the Rail Policies. The Board declined to consider record evidence contrary to its conclusions and deferred considering certain Rail Policies regarding public health and safety. Preliminary Decision at 9-10. However, in its Final Decision, the Board did not, as promised, conduct an analysis of other Rail Policies related to transportation of oil and public health and safety, such as risks of traffic accidents, wildfires, and oil spills. Also, the Board omitted any reference to consideration of energy conservation, though that is included in the Rail Policies. See Final Decision at 5. Instead, the Board improperly assumed that the disclosure and analysis of these issues in the Final EIS was sufficient. It was not, because the Board was required to consider all of the ICCT Act’s Rail Policies together on equal footing in assessing the Railway’s transportation merits, rather than relegating certain Rail Policies to consideration under the wrong (NEPA) standard. In violation of the ICCT Act, the Board (1) failed to justify the segregation of its transportation merits analysis and its environmental impact review, and (2) failed to conduct an adequate review of the Rail Policies. Environmental review. Following the Preliminary Decision, the Board failed to address the significant concerns about the adequacy of the Board’s USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 25 of 86 14 environmental review of the Union Pacific Line. The Final EIS determined the Railway’s traffic would have “greatest impacts” on the existing Union Pacific Line, and that the Railway would more than double the risk of accidents on the Line leading to a wreck a year involving one of the Railway’s trains loaded with crude oil. FEIS_3.2-6, -7. Yet the Final EIS did not extend the Board’s analysis of the Railway’s numerous “major environmental impacts”—such as impacts to water resources—to the environment and communities along the Union Pacific Line. See id. S-8 to -9. Nor was mitigation considered for those impacts. Id. In violation of NEPA and the NHPA, the Board failed to conduct an adequate review of the Railway’s impacts to the environment, communities, and historic resources caused by the Railway’s operations on the Union Pacific Line. Environmental impacts vs. transportation merits. In the Final Decision, there was no “weighing” of the Railway’s environmental impacts and transportation merits as required by the ICCT Act. Final Decision at 23-25. The Board merely identified the public impacts of the Railway—including what the Board described as “significant environmental impacts”—and summarily concluded they were outweighed by the “substantial transportation and economic benefits.” Id. at 25. The administrative record before the Board does not support its conclusion. In violation of the ICCT Act and the APA, the Board granted an exemption for the Railway when the factual evidence before the Board USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 26 of 86 15 demonstrates that the Railway should not be exempted from the Board’s application process. STANDING Eagle County has standing to petition for review of the Board’s Final Decision. To establish standing, a petitioner “must show that it has suffered a ‘concrete and particularized’ injury that is actual or imminent, caused by or fairly traceable to the act being challenged in the litigation, and redressable by the court.” City of Dania Beach v. FAA, 485 F.3d 1181, 1185 (D.C. Cir. 2007) (citation omitted). When a petitioner alleges a “procedural injury,” it must show that “the government act performed without the procedure in question will cause a distinct risk to a particularized interest of the plaintiff.” Id. Eagle County’s proprietary and regulatory interests are injured by the Final Decision. See Exhibit 1, Declaration of Jeff Shroll (Shroll Decl.). The Board’s Final Decision authorizing the Railway (1) adversely affects Eagle County’s interests in and ability to regulate, manage, and protect its environment, resources, and communities, (2) negatively impacts the County’s properties and historic resources, and (3) adversely affects the County’s interest in participating in federal decision-making processes. See City of Jersey City v. CONRAIL, 668 F.3d 741, 744–46 (D.C. Cir. 2012) (finding harm to city’s ability to protect its interests in the “historic and environmental value” of property under NEPA and the NHPA). USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 27 of 86 16 Eagle County’s injuries have been caused by the Board’s approval of the Railway and its failure to comply with the ICCT Act and federal environmental law. The relief requested herein, including vacatur of the Board’s approval the Railway, would redress the County’s injuries. STANDARD OF REVIEW Pursuant to Fed. R. App. P. (Rule) 28(i), Eagle County adopts the standard of review in the Conservation Groups’ Opening Brief. ARGUMENT I. The Board’s grant of an exemption for the Railway is arbitrary and violates the ICCT Act. A. The Board disregarded its policy against conditionally granting an exemption before completing its environmental review. In issuing the Preliminary Decision, then relying on its conclusions in the Final Decision, the Board arbitrarily departed from its longstanding policy against conditionally granting an exemption based only on the Railway’s “transportation merits” and before completing an environmental review and consideration of all pertinent Rail Policies. 1. The Board’s policy is to evaluate together a project’s transportation merits and environmental impacts. The Board does not “decide the transportation merits of a construction proposal until a complete record, including the environmental record, is before [the Board,]” unless there are “unique or compelling circumstances.” Alaska I, slip op. USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 28 of 86 17 at 2; see California High-Speed Rail Auth.—Construction Exemption—In Fresno, Kings, Tulare, and Kern Counties, Cal., FD 35724, (Sub-No. 1), slip op. at 2 (STB served Dec. 4, 2013) (California High Speed Rail II) (reiterating the Board’s “policy”). In establishing this policy, the Board explained the benefits of any “conditional grant” of an exemption were “subject to question, given the fact that the Board must consider the environmental effects of the construction proposal before any final approval can be given and before any construction may begin.” Alaska I, slip op. at 2. Evaluating both transportation merits and environmental impact minimizes the risk of prejudging a project. It also recognizes that the Rail Policies involve consideration of environmental issues and that the “transportation merits are interrelated with the considerations made during the Board’s environmental and historic review and must be considered in balance with each other . . . .” Ken Tenn Reg’l R. Partners, Inc.—Construction & Operation Exemption—In Fulton Cty., Ky. And Obion Cty., Tenn., FD 36328, slip op. at 19 (STB served July 23, 2021) (Ken Tenn) (Board Member Oberman, dissenting). Further, the Board’s policy ensures the public has an opportunity to review and provide the Board with input on a project, since in exemption proceedings, the NEPA process is typically the only opportunity for the public to comment. 49 C.F.R. § 1121.4(a). USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 29 of 86 18 Thus, there must be a showing of “unique or compelling circumstances” before the Board considers conditionally granting an exemption. Alaska I, slip op. at 2. 2. The Board failed to justify conditionally granting an exemption for the Railway. The Board disregarded its policy in issuing the Preliminary Decision without finding any “unique or compelling circumstances” or explaining why a change in policy was warranted. The Board concluded that “economic circumstances, exacerbated by the current pandemic” were “compelling” reasons to “issue a preliminary decision on the [Railway’s] transportation merits.” Preliminary Decision at 9. But the Board did not explain how undertaking the Railway would improve “current economic circumstances,” why segregating its review of the Railway would somehow alleviate pandemic-caused issues, or what those issues might be. Cf. US Rail Corp.—Const. and Operation Exemption—Brookhaven R. Terminal, FD 35141 (STB served Sept. 9, 2010) (policy followed during the Great Recession without reference to difficult economic circumstances). The Board’s decision to deviate from a well-reasoned policy demanded explanation, and not vague, unsupported references to the “economic circumstances” or the “pandemic.” The Board was required to explain how conditionally granting an exemption to the Railway—a project years away from USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 30 of 86 19 completion and requiring more federal and state permitting processes—would somehow ameliorate the current economic circumstances or pandemic. See California High-Speed Rail II, slip op. at 2 (denying conditional exemption, noting that “no construction may begin until after the environmental review is completed and the Board issues its final decision.”). The Board’s failure to follow, or justify departing from, its policy violates the APA. W. Deptford Energy, LLC v. FERC, 766 F.3d 10, 20 (D.C. Cir. 2014) (“It is textbook administrative law that an agency must provide a reasoned explanation for departing from precedent . . . .” (internal quotation omitted)). B. The Board’s segregation of transportation merits and environmental impact analyses resulted in a flawed exemption decision. 1. The Board granted an exemption without considering all pertinent Rail Policies. Under the ICCT Act, the Board must “must consider all aspects of the [Rail Policies] bearing on the propriety of the exemption and must supply an acceptable rationale therefor.” Ill. Commerce Comm’n v. ICC, 787 F.2d 616, 627 (D.C. Cir. 1986). Failing to do so is arbitrary. Id. The Board conditionally exempted the Railway without considering whether an exemption promoted other pertinent Rail Policies, including public health and safety issues, 49 U.S.C. § 10101(8), safe working conditions, § 10101(11), and energy conservation § 10101(14). Preliminary Decision at 9-11. The Board USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 31 of 86 20 deferred any analysis of other Rail Policy issues, such as “rail traffic causing forest fires,” stating that those issues would be examined later. Id. at 9-10. However, the Board promised but failed to demonstrate any meaningful consideration of these factors in granting the Railway’s final approval. See Final Decision at 5, 24-25. Notably, the Board did not evaluate whether the Railway “carries out” the Rail Policy of public health and safety in the Final Decision, in light of the undisputed consequences of adding 9.5 new trains hauling up to 350,000 barrels of oil each day on the Union Pacific Line and the increased safety and environmental risks, including transportation congestion and bottlenecks, wildfires, water and air pollution, and environmental degradation to downline communities and economies. Instead, without explanation, it summarily concluded that “nothing in the environmental record raises significant concerns regarding § 10101(8) [public health and safety] and (11) [working conditions].” Id. at 5. The ICCT Act requires more than an unexplained conclusion about Rail Policies. See N.Y. Cross Harbor R.R. v. Surface Transp. Bd., 374, F.3d 1177, 1183 (D.C. Cir. 2004) (“The Board’s brief, generalized statement fails to provide an ‘adequate explanation’ to allow the STB to ignore factors and reasoning it has previously – and consistently – found controlling.”). So does the APA. Amerijet Int’l, Inc. v. Pistole, 753 F.3d 1343, 1350 (D.C. Cir. 2014) (citation omitted) USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 32 of 86 21 (Under the APA, “conclusory statements will not do; ‘[an agency’s] statement must be one of reasoning.’”). In addition, the Board failed to consider whether the Railway “carries out” the Rail Policy goal “to encourage and promote energy conservation,” 49 U.S.C. § 10101(14), even though the Board’s regulations require the Coalition to “[d]escribe the effect of the proposed action on transportation of energy resources” and “whether the proposed action will result in an increase or decrease in overall energy efficiency.” 49 C.F.R. § 1105.7(e)(4)(i), (iii). The Board did not discuss energy conservation in its Final Decision, despite having before it the Final EIS establishing the Railway’s energy implications, such as greenhouse gas emissions and the energy burden of constructing and operating the Railway for such purposes. The Board’s failure to consider the negative energy implications of the Railway as part of the transportation merits was particularly arbitrary because the Board (1) had touted the Railway’s competitive benefits accruing to oil shippers as supporting other Rail Policy objectives of sound transportation conditions (49 U.S.C. § 10101(4), (5)), Preliminary Decision at 9, and (2) has previously relied on the Rail Policy of energy conservation in granting exemption to projects that were projected to reduce air pollution and greenhouse gas emissions. E.g., California High-Speed Rail—Construction Exemption—In Merced, Madera and Fresno USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 33 of 86 22 Counties, Cal., FD 35724, slip op. at 23 (STB served June 13, 2013) (California High-Speed Rail I). In segregating its analysis of the Railway’s transportation merits, but still conditionally granting the exemption based on some Rail Policies, the Board failed to demonstrate that it “weighed each component that is pertinent” to its exemption decision. Ill. Commerce Comm’n, 787 F.2d at 629 (finding the Board “did not support its conclusion . . . that the exemption would encourage and promote energy conservation”). The significant public health and safety and energy conservation issues in Rail Policies § 10101(8), (11), and (14) demanded equal side-by-side evaluation along with the other Rail Policies based on a complete record. See Preliminary Decision at 20 (Oberman, dissenting) (The record was “woefully inadequate to permit the Board to evaluate and judge whether an exemption is warranted under the Rail Policies or whether an application should be required.”). The Board’s conditional grant of the exemption before considering the environmental impacts underscores precisely the rationale for the Board’s policy against segregated analyses of a project. See supra pp. 17-18. The Board failed to apply a balanced analysis of all pertinent Rail Policies in violation of the ICCT Act and APA. See Ill. Commerce Comm’n, 787 F.2d at 632. USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 34 of 86 23 2. The Board’s reliance on NEPA findings in the Final Decision did not cure its flawed transportation merits analysis. The Board’s evaluation of the Final EIS in the Final Decision did not fill the gaps created by the Board’s segregated consideration of the Rail Policies. Nor could it have, because the Board’s review of the Railway under NEPA and its substantive analysis of the Rail Policies under the ICCT Act are not the same. See Moses Lake, slip op. at 2 n.4 (NEPA review is “separate from the agency’s consideration of the transportation merits.”). NEPA “itself does not mandate particular results, but simply prescribes the necessary process.” Robertson, 490 U.S. at 350. Statutes, like the ICCT Act, and its requirement to analyze a project’s transportation merits, “may impose substantive environmental obligations on federal agencies, but NEPA merely prohibits uninformed—rather than unwise—agency action.” Id. at 351. The Office of Environmental Analysis makes this clear in the Final EIS, stating that the Board “will address the transportation merits of the proposed project.” FEIS_1-7. The ICCT Act required the Board to evaluate whether its fuller application process was necessary to carry out all pertinent Rail Policies, in light of the Board’s findings that the Railway would result in significant public health and safety impacts, including rail accidents, oil spills, and wildfires. Final Decision at 7-22. However, the Board’s Final Decision amounted to a summary of the Final USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 35 of 86 24 EIS findings, and not an explanation of how the Railway’s significant environmental effects could carry out the Rail Policies of public health and safety and energy conservation. Final Decision 24-25. The Board’s conclusion, without explanation, that “nothing in the environmental record raises significant concerns regarding § 10101(8) [public health and safety] and § 10101(11) [safe working conditions],” violated the ICCT Act and APA. Am. Radio Relay League, Inc. v. FCC, 524 F.3d 227, 241 (D.C. Cir. 2008) (conclusory statement “provides neither assurance that the Commission considered the relevant factors nor a discernable path to which the court may defer”). C. The Board arbitrarily applied the economic-related Rail Policies in its transportation merits analysis. The Board arbitrarily relied on just four Rail Policies in granting an exemption, including fostering sound economic conditions in transportation, 49 U.S.C. § 10101(2), (4), (5), (7). Preliminary Decision at 9-10; Final Decision at 5. The Board failed to address substantial record evidence demonstrating that the Railway is economically unsound and, at the very least, required closer scrutiny through the Board’s full application process. See Texas Central, slip op. at 14-15 (denying exemption because of the “magnitude of the [project], the questions about increased costs and funding sources, the substantial public interest, and the potential impact on numerous local landowners”). USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 36 of 86 25 First, the Board failed to address the substantial questions raised regarding the Railway’s financial viability, an issue at the heart of the Rail Policies on which the Board relied. See Illinois Commerce Com., 787 F.2d at 630 (finding failure to respond to comments on Rail Policy). The Board dismissed even considering the Coalition’s own redacted study that questioned the stability of oil markets, the market for Uinta oil, and investor appetite for the Railway. Preliminary Decision at 14-19 (Oberman, dissenting). The questions raised and the evidence in the record warranted further Board scrutiny, as recognized in Chairman Oberman’s dissent: “reliance on future oil production to sustain the project, based on the currently available information and the record before the Board, is problematic at best.” Id. at 14. Assuming, arguendo, that an exemption could be appropriate where financial issues have “not yet been resolved,” id. at 6, the Board’s “not my problem” response to the many questions about the Railway’s viability and potential impacts was inadequate. The APA requires that the Board “considered all critical aspects of the problems before it, and . . . articulate[d] a reasoned explanation for its action, including ‘a rational connection between the facts found and the choice made.’” Ill. Commerce Comm’n, 787 F.2d at 632 (citations omitted). Even after receiving considerable public comments about the financial viability after its Preliminary Decision, the Board stated that it “need not revisit the USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 37 of 86 26 financial concerns . . . as the Board already discussed those issues in its [Preliminary] Decision.” Final Decision at 25. The Board’s “failure to respond meaningfully to objections raised by a party renders its decisions arbitrary and capricious.” BNSF Ry. Co. v. Surface Transp. Bd., 741 F.3d 163, 168 (D.C. Cir. 2014) (citations and internal quotations omitted). Second, the Board “did not support its conclusion, offered in support of the exemption, that the exemption would encourage and promote” the Rail Policies of “cost-effective” transportation and “enhance[ing] competition.” Ill. Commerce Comm’n, 787 F.2d at 632. The Board stated that shippers currently relied on trucking to meet transportation needs, but it did not explain how rail served as a competitive alternative or whether trucking served new anticipated markets in the first place. Preliminary Decision at 10. Importantly, the Board offered contradicting conclusions in the Final EIS, stating that trucking jobs would not be affected because “trucks would continue to transport crude oil to refineries in Salt Lake City.” FEIS_3.13-12. Third, the Board’s conclusory finding that the Railway would enhance competition ignores its narrow purpose. As explained by Board Chairman Oberman, “the singular rationale for constructing the proposed railroad is to provide rail transportation to stimulate an increase in oil production in the Basin,” Preliminary Decision at 14 (Oberman, dissenting), and not enhancing competition USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 38 of 86 27 by “providing shippers in the area with a freight rail option.” Id. at 9. Indeed, the Board’s theory about enhancing competition is eviscerated by the Office of Environmental Analysis’ decision not to consider any commodities other than oil and frac sand in the EIS, because there are “currently no reasonably foreseeable plans for transporting [non-oil or frac sand] commodities,” FEIS_3.13-13 (emphasis added). Thus, the Board erred in concluding that “nothing in the environmental record calls into question the Board’s determination in the [Preliminary Decision].” Final Decision at 5. Finally, the Board arbitrarily relied on the Rail Policies of minimizing the need for federal regulation and reducing regulatory barriers to entry, which merely reflect the statutory predisposition towards exemption. 49 U.S.C. § 10101(2), (7); California High-Speed Rail I, slip op. at 23 (stating “invocation of these provisions is, in a sense, self-fulfilling, in that any decision to lighten regulation could be viewed as comporting with these deregulatory [Rail Policy] factors”). The Board based its exemption on these two Rail Policies without explanation or analysis— instead reciting the language in Sections 10101(2) and 10101(7). Under the APA, this Court “cannot evaluate the reasonableness of the unexplained.” Am. Rivers & Ala. Rivers Alliance v. FERC, 895 F.3d 32, 51 (D.C. Cir. 2018). USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 39 of 86 28 II. The Board failed to take a hard look at the Railway’s environmental impacts along the Union Pacific Line in violation of NEPA and the APA. The administrative record demonstrates that the Board failed to evaluate the impact of the Railway’s increased traffic and accidents on the Union Pacific Line in violation of NEPA and the Board’s own regulations. The “sweep of NEPA is an extraordinarily broad, compelling consideration of any and all types of environmental impact of federal action.” Calvert Cliffs’ Coordination Comm. v. United States A.E. Com’n, 449 F.2d 1109, 1122 (D.C. Cir. 1971). The Board was required to take a hard look at environmental effects of the increase in rail traffic and accidents on the Union Pacific Line which “are caused by the action and are later in time or farther removed in distance, but are still reasonably foreseeable.” 40 C.F.R. § 1508.8(b)(2019).4 The Board’s regulations require it to consider the “effects, including indirect or down-line impacts, of the new or diverted traffic” on the Union Pacific Line. 49 C.F.R. § 1105.7(e)(11)(v). The Board determined that (1) the Railway would result in a daily increase of up to 9.5 oil trains on the Union Pacific Line, (2) this would be a significant increase from the existing “low volume traffic” on the Line, (3) the Railway would more than double the risk of accidents on the Line, and (4) the Railway’s traffic 4 The Board evaluated the Railway under the 1978 NEPA regulations. See Conservation Groups Opening Brief at 6 n.1. USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 40 of 86 29 would result in an accident each year “involving a loaded crude oil train.” FEIS_3.2-6, 7. Despite identifying the dramatic changes in rail traffic on the Union Pacific Line, the Board failed to evaluate their many potential effects. That error resulted in an uninformed, arbitrary agency decision and prevented the public from being fully informed about the Railway’s effects on the environment and communities along the Union Pacific Line. A. The Board arbitrarily limited the scope of its environmental analysis to the Railway’s proposed new line. By confining most of its environmental review to the construction and operation of the Railway’s new 88-mile line, the Board failed to consider the many potential impacts of the Railway’s operations on the 457-mile Union Pacific Line—the line that the Board identified would receive “most new rail line traffic.” FEIS_3.2-6. Limiting most of the Board’s environmental analysis of operations to the new line, and not the existing Union Pacific Line, resulted in three fundamental errors in the Board’s NEPA analysis. First, the Board failed to consider a critical category of impacts under NEPA. The Board concluded that the “[i]ncreased rail traffic would have the greatest impacts on the segment of the existing [Union Pacific Line] . . . because this segment is the longest rail line segment in the downline study area and would receive the most new rail traffic” from the Railway. FEIS_3.2-6. But the Board USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 41 of 86 30 did not consider the impacts of the rail traffic on the “downline study area.” In violation of NEPA, the Board did not “consider every significant aspect of the environmental impact” of the Railway. Balt. Gas & Elec. Co, 462 U.S. at 97. Second, the Board’s failure to consider the environmental effects of rail traffic on the Union Pacific Line—including effects of more than doubling accidents on the Line, FEIS_3.2-6—resulted in a Final EIS that did not accurately reflect the Railway’s overall potential environmental impact. For instance, in its assessment of rail traffic’s impact to water resources, the Board concluded that the Railway’s 88-mile line would only “yield a small number of predicted accidents a year, with roughly one accident involving a loaded a train every 3 to 10 years.” FEIS_3.3-30. However, the Board omitted from its analysis the longer 457-mile Union Pacific Line, which the Board projects will experience an accident every year involving a train nearly two miles long and loaded with oil. See FEIS_3.2-7. In failing to consider the significantly higher accident rates on the longer Union Pacific Line, the Board failed to accurately assess the impacts of the Railway’s operations. Third, the Board’s reliance on the Final EIS’s mitigation measures that only applied to the operations on proposed line—and not the Union Pacific Line— skewed the Board’s conclusions regarding the Railway’s benefits and environmental impacts. In its Final Decision, the Board repeatedly stated that the USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 42 of 86 31 Railway’s impacts would be “minimized and would not be significant,” but failed to consider that no mitigation measures were considered by the Office of Environmental Analysis to minimize the environmental impact of increased rail traffic and resulting accidents on the Union Pacific Line. See Final Decision at 12, 13, 23. B. The Board failed to adequately consider the impact of increased rail traffic on resources along the Union Pacific Line. The Board arbitrarily omitted the Union Pacific Line from its analysis of the Railway’s impacts to water resources, biological resources, historic and cultural resources, and land use and recreation, see FEIS_3.3-3.4, 3.9, & 3.11, and it failed to provide any reasonable basis for analyzing the Railway’s operations on the proposed line but not on the Union Pacific Line. First, there is no mention in the Final EIS of the impact on water resources caused by increased rail traffic and accidents on the Union Pacific Line. FEIS_3.3- 29, 30. That error was significant, because the Board failed to consider the Railway’s impact on the Colorado River that parallels the Line, which was described to the Board by the Colorado Department of Public Health and Environment as a “sensitive river system,” the “most important river in the Southwest United States,” and that “could be affected by any spills that may occur from incidents associated with the new rail traffic induced by the Railway.” EI- 26511 at 1. USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 43 of 86 32 Second, the Board failed to adequately analyze the impact on biological resources of increased rail traffic on the Union Pacific Line, including impacts to wildlife, endangered species, habitat degradation, and the impact of more trains on species’ survival. FEIS_3.4-32. In response to concerns about the omission of such analyses in the Draft EIS, the Board stated vaguely in the Final EIS it “considered impacts of rail operations along existing rail line segments downline” on “some biological resources, including impacts on ESA-listed species” and determined that “the addition of up to 9.5 trains per day, on average, would not substantially change the severity of those impacts.” FEIS_3.4-47. The Board’s acknowledgement of potential impacts along the Union Pacific Line raises more questions than it answers: what “impacts” were considered, what analysis was conducted, what does “some” biological resources mean, and why did the Board limit its analysis to a few ESA-listed species and exclude other important biological resources, such as important downline habitat or critical water resources like the Colorado River? The Board’s cursory statements fall far short of its duty to take a hard look and analyze all relevant environmental factors. See Getty v. Fed. Sav. & Loan Ins. Corp., 805 F.2d 1050, 1055 (D.C. Cir. 1986) (“Stating that a factor was considered . . . is not a substitute for considering it.”). NEPA requires an agency to show its work. 40 C.F.R. § 1502.24(2019) (agency USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 44 of 86 33 must, “identify any methodologies used and . . . make explicit reference . . . to the scientific and other sources relied upon for conclusions” ). Third, the Board failed to consider any impacts on land use and recreation from the significant increase in rail traffic along the Union Pacific Line, which includes hundreds of thousands of acres of public lands, national forests, recreational areas, and mountain communities in Eagle County. See FEIS_3.11-1 to 28. Absent from the Board’s analysis is any explanation for analyzing impacts on land use and recreation caused by the Railway’s operations of the proposed line but not the impacts caused by the same operations on the Union Pacific Line. Finally, where the Board did evaluate impacts of the Railway’s operations on the Union Pacific Line, it failed to perform the hard look required by NEPA. Although the Board purported to evaluate noise and vibrations on the existing Line, FEIS_3.6-1, that work included “estimate[ing] noise levels for the downline study area” and nothing more. See FEIS_3.6-6; see FEIS_App. L at L-9 to L-16. Under NEPA, the Board was required to describe the “actual environmental effects” of the Railway on the environment, historic properties, and communities along the Union Pacific Line, not just identify how loud trains would be or the amount of land negatively impacted by the trains’ noise and vibrations. Ctr. for Biological Diversity v. Nat’l Highway Traffic Safety Admin., 538 F.3d 1172, 1216 (9th Cir. 2008). USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 45 of 86 34 C. The Board failed to analyze the increased risk and severity of wildfires presented by the increase in oil trains on the Union Pacific Line. In violation of NEPA, the Board failed to take a hard look at the risk and impact of wildfires presented by the Railway or explain its decision in the face of substantial evidence demonstrating the potentially severe impacts of wildfires caused by increased rail traffic. FEIS_3.4-42, 43. The Board concluded that “the probability that [sparks from] a train would trigger a wildfire would be very low” and that “the downline wildfire impact of the [Railway] would not be significant.” Id. The Board reasoned that because “existing rail lines are active rail lines that have been in operation for years, construction and operation of the Line would not introduce a new ignition source for wildfires along the downline segments.” FEIS_3.4-43. These conclusions were arbitrary. First, the conclusion that wildfire risks posed by the Railway would be low because the 10 additional trains on the Union Pacific Line each day were not a “new ignition source” has no factual basis in the record. Amerijet, 753 F.3d at 1350. More trains mean more ignition sources, irrespective of whether they are not a new kind of ignition source. For that reason, the Board concluded elsewhere in the Final EIS that “more trains could increase the risk of sparking a wildfire.” FEIS_3.4-32. USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 46 of 86 35 Second, the conclusion that the Railway’s “wildfire impact” would not be significant is belied by record evidence on risks of ignition due to the large volumes of crude oil carried daily on the trains and the severity of an oil train fire. Substantial concerns were submitted to the Board regarding the elevated risk of wildfire posed by the increase in rail traffic and accidents through the Colorado mountains carrying the highly flammable crude oil. See EI-30611 at 29-33. The Colorado Department of Public Health and Environment urged the Board to “thoroughly analyze and discuss the safety risks associated with routing additional hazardous rail cargo along the environmentally sensitive corridors” and that “adding more oil train traffic in particular raises safety risk.” EI-26511 at 1. Findings of the federal Pipeline and Hazardous Materials Safety Administration (PHMSA) were submitted to the Board, including the PHMSA’s finding that “[t]he growing reliance on trains to transport large volumes of flammable liquids poses a significant risk to life, property, and the environment. These significant risks have been highlighted by the recent instances of trains carrying crude oil that derailed . . . .” EI-30611 at 30 (citing Fed. Reg. 45,015 (Sept. 30, 2014)). The threat and severity of wildfires downline is particularly significant along the Union Pacific Line, which runs adjacent to hundreds of thousands of acres of national forests and public lands. See EI-30611 at 30-31; EI- USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 47 of 86 36 30481 (stating that “2020 was one of the worst wildfire years in Colorado’s history”). The Board failed to address or explain its conclusions in the face of evidence showing a heightened risk of long oil trains causing severe wildfires along the Union Pacific Line. Sierra Club v. FERC, 867 F.3d 1357, 1368 (D.C. Cir. 2017) (“[T]he agency action [an EIS] undergirds is arbitrary and capricious[] if the EIS does not contain ‘sufficient discussion of the relevant issues and opposing viewpoints.’”) (citation omitted). Third, the only information the Board relied on in its analysis of wildfires along the Union Pacific Line is the U.S. Forest Service’s Wildfire Hazard Potential (WHP) map of land along the Line, which the Board misused. FEIS_3.4-43; 3.4- 16. The Board relied on the WHP map to conclude that the “downline wildfire impact” would not be significant because most of the area along the downline segments consisted of low WHP classes. FEIS_3.4-43; 3.4-17. But the Forest Service cautioned that its WHP map is “not an explicit map of wildfire threat or risk” and the map’s “primary purpose is to highlight places where vegetation treatments may be needed to reduce the intensity of future wildfires,”5 and not to determine wildfire impacts. FEIS_3.4-43. Even accepting the Board’s reliance on 5 U.S. Forest Service, Wildfire Hazard Potential for the United States (2020), available at https://www.firelab.org/project/wildfire-hazard-potential, cited by the Board. See FEIS_3.4-16. USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 48 of 86 37 the WHP map, it did not evaluate the approximately 4,000 acres of high to very high WHP classes along the Union Pacific Line or the increased risk of wildfire posed by the rail traffic and accidents on the Line. See Klamath-Siskiyou Wildlands Center v. BLM, 387 F.3d 989, 995 (9th Cir. 2004) (“[M]erely stating the sum of the acres to be [impacted] . . . is not a description of actual environmental effects,” and does not satisfy NEPA). The Board’s cursory review of an emerging, catastrophic environmental issue in the western United States is precisely an issue NEPA was designed to address. See City of Los Angeles v. NHTSA, 912 F.2d 478, 491 (D.C. Cir. 1990), (NEPA “was designed explicitly to take account of impending as well as present crises in this country . . . .”). The evidence before the Board regarding the wildfire threat posed by trains carrying millions of gallons of oil each day on the Union Pacific Line required a hard look under NEPA, which the Board failed to do. D. The Board failed to evaluate the cumulative impact of the Railway and the proposed reactivation of the Tennessee Pass Line in Colorado. The Board failed to consider the cumulative effect of the Railway’s increase in rail traffic on the Union Pacific Line and the reactivation of the Tennessee Pass Line in Colorado. Under NEPA, a “cumulative effect” is “the impact on the environment which results from the incremental impact of the action when added to other past, USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 49 of 86 38 present, and reasonably foreseeable future actions regardless of what agency . . . or person undertakes such other actions.” 40 C.F.R. § 1508.7(2019). An environmental impact is reasonably foreseeable “if it is ‘sufficiently likely to occur that a person of ordinary prudence would take it into account in reaching a decision.’” Mid States Coalition for Progress v. Surface Transp. Bd., 345 F.3d 520, 549 (8th Cir. 2003) (citation omitted). The reactivation of the Tennessee Pass Line is reasonably foreseeable, as reactivation of the Line has been sought in two separate Board proceedings, see EI- 301530 at 2-3, and would result in rail traffic through Eagle County in addition to the Railway’s significant increase in rail traffic on the Union Pacific Line. Because the two lines converge in Eagle County near Dotsero and the Colorado River, see Shroll Decl. ¶ 27-28, the reactivation of the Tennessee Pass Line and associated increase in rail traffic would present environmental impacts to the same area of Eagle County that would experience the Railway’s rail traffic. For this reason, commenters requested that the Board “analyze the proposed reactivation of the Tennessee Pass Line and the Uinta Basin Railway’s cumulative effects on air quality, climate change, rail safety, and any other resources that may be affected by both projects.” EI-30487 at 109 (Conservation Groups Comments); see EI-30611 at 12-17 (Eagle County comments). USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 50 of 86 39 The Board received substantial concerns over the reactivation of the Tennessee Rail Line and the foreseeable impacts of the Railway’s oil trains using the Line as an alternative route to Denver from the Union Pacific Line. See, e.g., EI-30611; EI-30358 at 3-4. Eagle County urged the Board to consider “downline impacts to the area and communities adjacent to the Tennessee Pass Line in order to consider all reasonably foreseeable impacts caused by the [Railway].” EI-30611 at 14. Although the Board rejected requests to consider the impact of the Railway’s oil trains using the Tennessee Pass Line as a reasonably foreseeable impact of the Railway, Final Decision at 20-21, that determination did not relieve the Board from fulfilling its NEPA obligations to take a hard look at the cumulative effect of the significant increase in traffic on the Union Pacific Line and a reactivated Tennessee Pass Line. Baltimore Gas & Elec. Co, 462 U.S. at 97. In violation of NEPA, the Board failed to consider the cumulative impact of the Railway and the Tennessee Pass Line, particularly where the two lines meet in Eagle County. III. The Board’s environmental evaluation was based on an arbitrary assumption that the Railway’s loaded oil trains would have the same accident rates as all other trains. Even if the Board had properly considered the impact of increased rail traffic and accident rates on the existing Union Pacific Line, which it did not, the Board USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 51 of 86 40 arbitrarily assumed (1) that the likelihood of derailment for long trains carrying oil through the Mountain West would be the same as any other train in any other locale in America, FEIS_3.2-2, and (2) that accident rates for loaded trains would be the same as those for empty trains. FEIS_3.2-5. The Board failed to address record evidence contradicting its assumptions which resulted in an inadequate analysis of the many environmental impacts caused by train derailment. See EI- 30487 at 15-20. The Board analyzed the likelihood of derailment based on national data for all trains, and it assumed, without foundation, the same derailment rates should apply to the Railway’s oil trains traveling through mountainous terrain. FEIS_3.2- 5. The assumption is contradicted by record evidence showing a significant increase in derailment risk from the Railway’s long oil trains. See EI-30487 at 16. The federal PHMSA has determined that train cars carrying oil tend to be heavier and more susceptible to derailment, concluding that “derailments of [High-Hazard Flammable Trains] will continue to involve more cars than derailments of other types of trains.” Id. The higher degree of risk is attributed to the fact that “trains are longer, heavier in total, more challenging to control, and can produce considerably higher buff and draft forces which affect train stability.” Id. The Board also offered no evidence supporting its assumption that the Railway’s loaded oil trains would have the same accident rates as the empty trains. USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 52 of 86 41 FEIS_3.2-5. This assumption artificially reduced the Railway’s projected rates of derailment and, as Conservation Groups pointed out, the assumption that loaded and empty cars have an equal chance of derailment was not supported by any reasoned analysis or empirical data. ID-303098 at 17. Under the APA, “an agency cannot ignore evidence that undercuts its judgment; and it may not minimize such evidence without adequate explanation.” Genuine Parts Co. v. EPA, 890 F.3d 304, 312 (D.C. Cir. 2018) (citations omitted). Here, the Board provided no basis to rely on the national standards, in the face of information showing that applying generic data to the two-mile long oil trains traveling every day in mountainous terrain was not accurate. Further, the Board’s stated reason for relying on national data to evaluate the risk of oil train derailment—that “insufficient data exist on accident rates for unit trains carrying crude oil”—does not satisfy NEPA. FEIS_App. T at T-108; see Public Emp. for Envt’l. Resp. v. Hopper, 827 F.3d 1077, 1083 (D.C. Cir. 2016) (agency failed to take a hard look at environmental consequences where it did not obtain complete and adequate data of geophysical environment). Although “the effects of assumptions on estimates can be checked by disclosing those assumptions so that readers can take the resulting estimates with the appropriate amount of salt,” Sierra Club, 867 F.3d at 1374, NEPA requires more from the Board in the face of insufficient data than just acknowledging it. The Board failed USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 53 of 86 42 to comply with NEPA’s prescribed step-by-step process for addressing important information that is unavailable. 40 C.F.R. § 1502.22(2019). It was required to explain in the Final EIS “why the information was unavailable and what actions the agency took to address that unavailability.” Oglala Sioux Tribe v. NRC, No. 20-1489, slip op. at 12 (D.C. Cir. Aug. 9, 2022). IV. The Board violated the NHPA by failing to consult on and evaluate the impact of the Railway’s operations on historic properties along the existing Union Pacific Line. A. The Board failed to consult with Eagle County as local government affected by the Railway. The Board determined that the Union Pacific Line would experience a significant increase in rail traffic under the Railway, FEIS_3.2-6, and the Board identified “train noise” from operations as one of the Railways’ “significant and adverse impacts.” FEIS_S-8 to S-9. However, in violation of the NHPA, the Board did not consult with Eagle County regarding the effects of the Railway’s operations on historic properties in Eagle County. The NHPA requires that federal agencies having jurisdiction over a proposed “undertaking . . . shall take into account the effect of the undertaking on any historic property.” 54 U.S.C. § 306108. The NHPA procedure known as “Section 106 consultation” mandates that agencies involve local governments regarding projects that “affect the local governments.” Id. § 304108(b). An agency must consult about potential direct and indirect effects to historic properties USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 54 of 86 43 with “[a] representative of a local government with jurisdiction over the area” who is “entitled to participate as a consulting party.” 36 C.F.R. § 800.2(c)(3). Local governments are consulting parties “as matter of right.” Mid States, 345 F.3d at 553; City of Phoenix v. Huerta, 869 F.3d 963, 971 (D.C. Cir. 2017) (agency “must consult with certain stakeholders in the potentially affected areas, including representatives of local governments.”).6 Consultation is critical to implementing the NHPA. The NHPA regulations require agencies, in consultation with the state historic officer, local governments, and other parties, determine an undertaking’s “area of potential effect,” locate all historic properties in that area eligible for listing on the National Register of Historic Places, and assess the effects on those properties. See 36 C.F.R. §§ 800.4(a)–(c), 800.5. Agencies must seek information from consulting parties, including local governments “likely to have knowledge of, or concerns with, historic properties in the area, and identify issues relating to the undertaking’s potential effects on historic properties.” Id. § 800.4(a)(3). If historic properties would experience adverse effects, the agency must consult with, among others, local governments to “develop and evaluate alternatives or modifications to the 6 The Board’s failure to consult with the Colorado State Historic Preservation Officer—designated with expertise on the state’s historic properties—regarding rail traffic on the Union Pacific Line also violated the NHPA. 36 C.F.R. § 800.2(c)(1). USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 55 of 86 44 undertaking that could avoid, minimize, or mitigate adverse effects . . . .” Id. § 800.6(a). The Board arbitrarily restricted consultation with local governments to Utah counties near the rail line proposed to be constructed. FEIS_App. N at 16-17.7 It concluded that because a rail alternative would not be constructed in Colorado, “Colorado is not included in the [area of potential affect], and [the Board] is not consulting with parties located in Colorado.” Id. at 8. But the nature and scope of a project’s effects—and not state lines—determine whether local governments are entitled to consultation. In violation of the NHPA, the Board failed to consult with Eagle County. B. The Board failed to adequately consider potential effects to historic properties in violation the NHPA and NEPA. The NHPA’s consultation requirements were designed to prevent precisely what happened here: an uninformed decision by the Board that will impact historic properties along the Union Pacific Line, including in Eagle County. The Board’s procedural violation resulted in an inadequate review of historic resources potentially affected by the significant increase in rail traffic and a flawed NHPA 7 The Board initially consulted with Moffat County, Colorado when construction of an alternative rail line through Colorado was under consideration. See FEIS_App. N at 16. USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 56 of 86 45 Programmatic Agreement between the consulting parties that was adopted by the Board in granting an exemption. See Final Decision at 21-22. First, because the Board failed to consult with Eagle County (or any downline local government), it never had the information it needed to fully evaluate the impacts of trains on the historic properties. Had Eagle County been involved in the consultation in the manner to which it was entitled, the County could have provided the Board information on the impacts to the County’s properties included on the National Register and located close to the Union Pacific Line, including historic cabins, prehistoric rock art, and the segment of the Line running through the County. Shroll Decl. ¶¶ 23-24 (identifying historic properties within 150 feet of the existing Line); cf. FEIS_3.9-10 (evaluating impacts to historic cabins along the new line, but not on the existing Line). Second, the Board’s decision to limit its NHPA evaluation of historic resources to only the 88-mile “project area” was arbitrary in light of the Board’s determination that the Railway’s “operations” would impact historic properties due to “engine emissions” and “long-term railroad noise and vibration.” FEIS_3.9-12. The Board provided no reasonable basis for evaluating the historic impacts of 9.5 trains a day on the new 88-mile rail line but not considering the impacts of those very same trains on mile number 89 on the existing Union Pacific Line and beyond. USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 57 of 86 46 In addition to violating the NHPA, the Board’s failure to consider impacts to historic resources along the Union Pacific Line violated the Board’s regulations requiring evaluation of indirect effects on downline segments, 49 C.F.R § 1105.7(e)(11)(v), and NEPA, 40 C.F.R. § 1502.16(g)(2019) (requiring consideration of “historic and cultural resources”). V. The Board was arbitrary in determining that the Railway’s environmental harms are outweighed by the transportation merits. The Board’s attempt to weigh the environmental impacts and transportation merits, as required by the ICCT Act, sheds light on the flaws in the Board’s transportation merits decision and its failure to consider the Railway’s environmental impacts along the existing Union Pacific Line. First, the Board’s evaluation of environmental impacts—which simply rubberstamped the Board’s conclusions in the Final EIS—failed to consider the significant environmental impact of the Railway on the environment and communities along the Union Pacific Line. Final Decision at 11, 19-21. Compounding that failure was the Board’s misplaced reliance on mitigation measures to justify its exemption in the face of significant impacts when the Office of Environmental Analysis had expressly stated no mitigation measures would be applied to downline impacts. See Final Decision 24-25 (finding that the impacts “have been sufficiently mitigated so that they do not outweigh the Line’s transportation benefits”). USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 58 of 86 47 The Board’s arbitrary consideration of impacts from operations on only the Railway’s 88-mile line—and not mile number 89 on the Union Pacific Line and beyond—is highlighted by the Board’s dismissal of concerns over wildfires, a Rail Policy issue it had promised to take “seriously.” Preliminary Decision at 9-10. The Board concluded “there only would be a small risk of forest fire” and that “any harm would be lessened by the extensive mitigation measures the Board imposes here.” Final Decision at 24-25. But the Board made no mention of the increased risks of wildfires downline, including the finding that train wrecks on the Union Pacific Line would more than double under the Railway. FEIS_3.2-6. Nor did the Board consider that the Office of Environmental Analysis did not propose mitigation measures for the existing Line. In relying on mitigation measures that did not address impacts on the Union Pacific Line—especially Rail Policy-related issues such as the Railway’s risks to public health and safety—the Board’s weighing of the merits and environmental impacts was inherently flawed. Second, in contrast to evidence showing a significant environmental impact, the Final Decision was devoid of factual support for the Board’s conclusion that “construction and operation of this Line will have substantial transportation and economic benefits.” Final Decision at 24 (citing only to a letter of support from an elected official). USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 59 of 86 48 The Board indicated these benefits include the “[eliminat[ion] [of] longstanding transportation constraints,” as well as the potential for “diversification of local economies in the Basin.” Id. at 24. But the administrative record reflects that the Railway is intended to do one thing: facilitate the development of oil in the Uinta Basin. FEIS_3.13-12, 13. There is no record evidence supporting the Board’s broad generalizations about the Railway addressing bottlenecks in existing transportation or diversification of the economies. Third, the Board was arbitrary in failing to address the many comments that questioned the financial viability of the Project. The Board concluded that it did not need to “revisit the financial concerns” raised “as the Board already discussed those issues in its [Preliminary] Decision.” Final Decision at 25. But many concerns were raised in public comments on the Final EIS after the Board had issued the Preliminary Decision. See EI-30611; EI-30487; ID-303098. Instead of addressing questions about the Railway’s financial viability—a factor critical to determining whether its transportation merits outweighed environmental impacts— the Board simply absolved itself of any responsibility as a federal regulator whose decision-making must adhere to the APA. According to the Board, it can grant an exemption “even if all issues involving financing are not yet resolved because the grant of authority is USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 60 of 86 49 permissive, not mandatory . . . .” Id. at 24. However, the ICCT Act and APA require more than an agency averting its gaze when faced with evidence that questions its conditional grant of an exemption. BNSF Ry. Co., 741 F.3d at 167. The Board refused to engage in a balanced analysis of the environmental impact and transportation merits, including consideration of all the identified environmental impacts, financial questions, and public health and safety risks documented in the record. The Board’s decision to exempt the Railway was arbitrary and violates the ICCT Act. CONCLUSON AND RELIEF SOUGHT Pursuant to Rule 28(i), Eagle County adopts the Conservation Groups’ request for relief and respectfully requests the Court vacate and remand the Final Decision and require the Board review the Railway in compliance with the ICCT Act and conduct the appropriate environmental review under NEPA and the NHPA. USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 61 of 86 50 Respectfully submitted on September 1, 2022. s/ Nathaniel H. Hunt Nathaniel H. Hunt nhunt@kaplankirsch.com Robert W. Randall brandall@kaplankirsch.com Christian L. Alexander calexander@kaplankirsrch.com Kaplan Kirsch & Rockwell LLP 1675 Broadway, Suite 2300 Denver, Colorado 80202 Bryan R. Treu bryan.treu@eaglecounty.us County Attorney Eagle County, Colorado 500 Broadway P.O. Box 850 Eagle, Colorado 81631 Counsel for Petitioner Eagle County, Colorado USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 62 of 86 i CERTIFICATE OF COMPLIANCE I certify that this brief complies with the requirements of Fed. R. App. P. 32(a)(5) and (6) because it has been prepared in 14-point Times, a proportionally spaced font. I further certify that this brief complies with the type-volume limitation of the Court’s July 8, 2022 order, because it contains 10,985 words, excluding the parts of the brief exempted under Rule 32(f), according to the count of Microsoft Word. s/ Nathaniel H. Hunt Nathaniel H. Hunt USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 63 of 86 CERTIFICATE OF SERVICE I certify that on September 1, 2022, I electronically filed the foregoing brief, together with its addendum and exhibits, with the Clerk of the Court for the United States Court of Appeals for the D.C. Circuit using the appellate CM/ECF system. The participants in the case are registered CM/ECF users and service will be accomplished by the appellate CM/ECF system. s/ Nathaniel H. Hunt Nathaniel H. Hunt USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 64 of 86 USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 65 of 86 ORAL ARGUMENT NOT YET SCHEDULED Nos. 22-1019 & 22-1020 (consolidated) IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT EAGLE COUNTY, COLORADO, Petitioner, CENTER FOR BIOLOGICAL DIVERSITY, ET AL., Petitioners, v. SURFACE TRANSPORTATION BOARD, ET AL., Respondents, SEVEN COUNTY INFRASTRUCTURE COALITION AND UINTA BASIN RAILWAY, LLC, Intervenors. DECLARATION OF JEFF SHROLL USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 66 of 86 2 I, Jeff Shroll, declare the following: 1. I am the County Manager for Eagle County, Colorado. I swear that the statements set forth in this declaration are true and correct based on personal knowledge, information, and belief. If called as a witness, I could competently testify to the following facts and information. 2.I have served as the County Manager for Eagle County since 2018. Before working at Eagle County, I served as Town Manager for the Town of Gypsum, located in Eagle County, for 24 years. 3.In my role as County Manager, I am responsible for implementation of the Eagle County Board of Commissioners’ decisions and policies, and I oversee the day-to-day management of the Eagle County Government. I act as the County’s budget officer and I oversee all County departments other than the County Attorney’s Office and the offices of the various elected officials, including overseeing the operations of the Environmental Health Department, Open Space Department, and Sustainable Communities Department. 4.As County Manager and longtime resident of Eagle County, I am familiar with the environment, natural resources, and historic resources of Eagle County. 5.Eagle County is a county empowered under the laws of the State of Colorado to make and enforce regulations to manage and regulate, among many USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 67 of 86 3 things, infrastructure, to protect the health, safety, and welfare of its citizens, and to preserve and enhance the environment, natural and historic resources, livability, and aesthetic quality of Eagle County. 6.To that end, Eagle County has established laws and policies intended to improve and protect the health, safety, welfare, and quality of life for its residents, and to preserve and protect the County’s environment and natural and historic resources and properties. 7.Eagle County is located in the Rocky Mountains in central Colorado and is comprised of almost 1,700 square miles of pristine mountainous terrain, valleys, rivers, and forests. The County has nine towns and some of the most popular ski resorts in the country. A vast majority of Eagle County’s land is public and includes natural areas and other lands owned by the County or State of Colorado, federal national forests and wilderness areas, and lands owned by the United States Bureau of Land Management. 8.Our environment, including the rivers, mountains, forests, and valleys, provide unique and critical wildlife habitat and world-class recreational opportunities including hiking, mountain biking, skiing, fishing, rafting, and hunting. The health of Eagle County’s environment and natural resources is critical to the County’s communities and to our economy, which relies on tourism to support our economy and local businesses. Thus, Eagle County makes the USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 68 of 86 4 protection and enhancement of the County’s natural environment a priority to ensure the health, safety, welfare, and economic well-being of its citizens. 9.Eagle County has established many regulations and policies to protect our environment and the resources on which we rely. 10.For example, in 2002, the Board of County Commissioners established the Eagle County Open Space Program intended to acquire, maintain, and preserve lands in the County that possess values such as “fish and wildlife habitat,” “public access to rivers and streams,” and “cultural or historic values.” The Open Space Program is funded by a dedicated mill levy tax on property in the County. The Program has preserved over 15,000 acres of land for open space in the County. 11.Eagle County also protects its natural and historic resources through land use regulations that are, as expressly stated in our regulations, “intended to protect the public health, safety, and welfare by regulating activities and development in hazardous areas; protecting lands from activities which would cause immediate or foreseeable material danger to significant wildlife habitat and would endanger a wildlife species; preserving and regulating areas of historical and archaeological importance with respect to the establishment of roads on public lands administered by the federal government.” USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 69 of 86 5 12.The County’s land use regulations also include regulations specifically intended to protect matters of “statewide interest.” In 1974, the Colorado legislature vested local governments with what are known as “1041 powers,” under which Eagle County identifies, designates, and regulates areas and activities of state interest through a local permitting process applied to development projects in the County. Eagle County’s 1041 regulations “protect the beauty of the landscape and natural scenic characteristics, to preserve and protect important archeological and historic sites, to protect and enhance wildlife habitat, air and water quality, and to conserve natural resources.” 13.The County also protects historic resources through designation of zoning districts, such as the Fulford Historical (FH) zone district, which limits residential development within the existing historical Town of Fulford to preserve the rural character of the County. 14.Eagle County continues to take action to address the impact of climate change, including wildfires, which is one of the most pressing and significant threats facing Eagle County’s environment and communities. For instance, in 2013, Eagle County adopted an Environmental Policy Statement establishing the County’s environmental priorities of wildlife protection, waste diversion and recycling, water conservation, clean air, greenhouse gas reduction, and adoption of clean renewable energy. The policy supports improvements in building energy USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 70 of 86 6 efficiency, investments in solar electricity generation, and helps in reducing energy costs. Each year the Eagle County Board of Commissioners reviews the environmental policy statement and considers changes in the County’s environmental priorities and objectives. 15.Eagle County has devoted significant resources to addressing the threat of wildfires, including wildfire mitigation in the form of vegetation manipulation, fire resistant construction materials, water supply development, access improvement, and evacuation planning. Eagle County has adopted wildfire regulations to reduce or minimize impacts of wildfire hazards on properties and our residents, and they are intended to facilitate access to buildings by firefighters in the event of a wildfire. 16.Eagle County also adopted a Community Wildfire Protection Plan to coordinate wildfire protection and mitigation among the towns and fire districts under a single plan. In addition, in 2015, the County contracted a company to map the wildfire hazard on all private lands in unincorporated Eagle County which helps assist implementation of wildfire regulations. 17.The County’s regulations have been established to protect the health, safety, and welfare of its citizens and to preserve and enhance the livability, aesthetic, and environmental quality of the County, which are some of the County’s most valuable proprietary interests. The County’s powers to regulate and USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 71 of 86 7 protect its natural and historic resources are essential to fulfill its legal duties and protect the quality of life Eagle County, which in turn maintains property values and generates revenue necessary to sustain the County. 18.I have reviewed and am generally familiar with the proposed Uinta Basin Railway (the Railway) that includes the construction and operation of a new 88-mile rail line in Utah. Eagle County participated in and submitted comments during the Surface Transportation Board proceeding on the Railway. Eagle County is one of several western Colorado counties through which trains carrying oil will use an existing line owned by the Union Pacific Railroad Company known as the Central Corridor. The Central Corridor is the only regularly used rail line to cross the Colorado Rocky Mountains, via a route that is known as the Moffat Tunnel Subdivision, and it runs directly adjacent to the Colorado River for many miles through Eagle County. 19.I am aware that the Railway is intended to allow trains to carry crude oil from the Uinta Basin to other parts of the country, that there can be up to 10 trains a day on the new rail line, and that those trains will travel the Union Pacific line all the way to Denver, Colorado. The Railway will cause a significant increase in the number of trains traveling through Eagle County. It is my understanding that these trains will include over 100 oil tanker cars and will be as long as 10,000 feet. Thus, Eagle County will see an increase of almost 20 miles of USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 72 of 86 8 trains each day on the Union Pacific line that runs through the County and along the Colorado River. 20.The County is concerned about the environmental impact and public safety risks of the Railway, including the significant increase of rail traffic through Eagle County and the resulting noise, vibrations, and pollution from the trains and the threat additional trains pose to wildlife in the County. The County is also concerned by the impact of a train wreck and the associated oil spills from the oil tanker cars. Virtually the entire portion of the Union Pacific line located in Eagle County runs directly adjacent to the Colorado River. Any derailment and oil spill could have a devasting impact on the River, one of the most important rivers in the country. The County is concerned that the Surface Transportation Board did not adequately evaluate the environmental impacts and public safety risks of the increase in train traffic running through Eagle County. 21.People from all over the world visit Eagle County to raft the Colorado River, ski our slopes, and hike and mountain bike in our mountains and forests. Our residents, visitors, and tourists use the Colorado River for rafting, fishing, and water recreation, wildlife viewing, and other activities. The pristine forests through which the Union Pacific line runs are used for many other outdoor activities. The noise, vibrations, and pollution and harm to wildlife from the significant increase of train traffic from the Railway will negatively impact the use USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 73 of 86 9 and enjoyment of the river and forests by our residents and visitors. Any derailment and oil spill would diminish the County’s natural resources and would have significant impact on the health and safety of the County’s communities and economy. For instance, an oil spill in the Colorado River would significantly harm the recreational opportunities on the River that generate significant revenue for the County and our local businesses. The Railway impairs the County’s ability to regulate and protect its environment and natural resources like the Colorado River. 22.Eagle County is also concerned about the increased risk of wildfires from the significant increase in rail traffic on the Union Pacific line and the impact of wildfires caused by sparks from trains or by ignition of the highly flammable crude oil being carried on the trains. I understand that climate change heightens the size, intensity, and duration of wildfires and increases the risk of catastrophic impacts to Eagle County’s communities, public health, and the environment. The threat of climate change and wildfires is highlighted by the devastating wildfires in Colorado in recent years, including the Lake Christine Fire in Eagle County in 2018. Three homes were destroyed, several hundred evacuated, and important energy infrastructure was threatened. The Railway will increase the risk of wildfire in Eagle County due to both an increased number of trains and highly flammable cargo. That increase impairs the County’s ability to prevent wildfires USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 74 of 86 10 and diminishes the County’s continuing, deliberate effort to protect its communities and resources from wildfires. 23.In addition, there are many historic resources in close vicinity to the existing Union Pacific line that may be impacted by noise, vibrations, and visual effects from the significant increase in rail traffic caused by the Railway. Attached as Exhibit A is a true and correct list of numerous sites that are either listed or eligible for listing on the National Register of Historic Places and along the Union Pacific line in Eagle County. The list of properties was compiled by the County using GIS mapping and information from Colorado’s State Historic Preservation Office. Some properties are as close as 100 to 150 feet from the line. The historic sites include the actual Union Pacific line segment in Eagle County and a small stone dugout structure on property owned by Eagle County. The County has identified other sites close to the existing Union Pacific line that may be eligible for listing in the National Register of Historic Places but require additional analysis. 24.The Surface Transportation Board did not contact Eagle County for information on historic properties so that it could evaluate the impact of the significant increase of rail traffic on Eagle County’s historic resources or whether these resources are sensitive to increased rail noise, vibrations, and other impacts. USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 75 of 86 11 The lack of involvement in the historic analysis impairs the County’s interest in protecting historic sites in the County, including those on County land. 25.The Railway not only increases ignition risks for dangerous disasters such as wildfires, it also will lead to the exploitation and burning of fossil fuels contributing to climate change, which will expose Eagle County and its residents to increased threats from extreme heat, extreme drought, and extreme weather, including fire- and flash flood-triggering thunderstorms. In other words, the Railway could both be lighting the match and fanning the flames for future impacts on Eagle County. 26.The environmental impacts of the Railway and the Surface Transportation Board’s failure to adequately consider those impacts harm the County’s ability to regulate, maintain, and protect its environment, communities, and economy. The Railway will also harm the County’s own properties along the Colorado River. Among them, the County owns Dotsero Landing River Access and Horse Creek River Access, as well as Red Dirt Creek park and Spencer’s Cabin, a primitive back country structure. These County properties are located adjacent to the Union Pacific line and along the Colorado River and are intended to facilitate enjoyment of the River and surrounding environment. They will be negatively impacted by the significant increase in train traffic from the Railway USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 76 of 86 12 and the various environmental impacts of the trains that will disrupt the natural setting along the River. 27.Finally, the County is concerned with the combined environmental effect of the Railway and the additional increase in rail traffic on the proposed reopening of the Tennessee Pass line which is also owned by Union Pacific and runs through Eagle County. It is my understanding that Rio Grande Pacific, which will operate the Railway, is also pursuing development of freight and passenger service on the Tennessee Pass Line. Eagle County is concerned by the risks of using the Tennessee Pass Line as an alternative route to haul crude oil from the Railway. Transport of crude oil over the remote, steep, winding, and mountainous Tennessee Pass Line would introduce risks associated with accidents, including spills and releases in or near sensitive areas such as water sources, important wildlife habitat areas, and recreational sites in Eagle County. Even if the Tennessee Pass Line was only reopened for non-oil trains to increase capacity on Union Pacific’s active line for oil trains, the increase in rail traffic would adversely affect the communities that have built up around the Tennessee Pass Line, which has been inactive for over 20 years. 28.Reopening the Tennessee Pass Line will increase rail traffic in Eagle County on top of the 10 trains a day projected if the Railway proceeds. As shown by the map attached as Exhibit B (which was submitted to the Surface USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 77 of 86 13 Transportation Board in Eagle County’s comments), both rail lines converge near Dotsero in Eagle County. The new operations on the Tennessee Pass Line will present similar impacts as the Railway’s noise, vibrations, pollution, and harm to wildlife in Eagle County. More trains on the Tennessee Pass Line will also increase the threat of derailment and wildfires presented by the increase of rail traffic under the Railway. The Surface Transportation Board’s failure to evaluate the impact of new traffic on the Tennessee Pass Line harms Eagle County’s interests in and ability to protect the environment and communities of Eagle County. 29.In summary, Eagle County is concerned about the harm caused by the Railway and the Surface Transportation Board’s failure to fully evaluate the impacts of the Railway and determine whether those impacts outweigh the speculative economic benefits of the Railway. USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 78 of 86 US C A C a s e # 2 2 - 1 0 1 9 D o c u m e n t # 1 9 6 1 8 9 0 F i l e d : 0 9 / 0 1 / 2 0 2 2 P a g e 7 9 o f 8 6 Exhibit A to Declaration USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 80 of 86 Exhibit A Eagle County sites either listed or eligible for listing on the National Register of Historic Places (NHRP) and identified by the Smithsonian identification number: Denver & Rio Grande Western Railroad (D&RGW): The D&RGW has been recorded under four different Smithsonian numbers in Eagle County (5EA198 / 5EA214 / 5EA1595 / 5EA1940). The railroad was officially determined to be NRHP eligible in 2002, and there are 14 supporting segments in the study corridor. This railway crosses portions of Garfield, Eagle, Grand, Gilpin, Boulder, Jefferson, and Denver Counties. It is part of a major transportation network that played an integral role in the settlement and economic development of Colorado and the American West during the early 20th Century. The railroad right-of-way intersects a mix of private, county, state, and federal (BLM) land. 5EA21 / 5EA245: Site 5EA21, which was subsequently redocumented as 5EA245, is a historic waterwheel structure located within the Colorado River. This site is listed on the NRHP. The handmade wooden waterwheel was constructed in the early 20th- century for irrigation and is believed to be the largest wheel in the state. It is significant based on its association with agriculture, irrigation, and water rights, and is considered an engineering achievement. This site is located 500 feet south of the railroad line on privately owned land. 5EA244: This site is a historic cabin built in 1930. It was recorded in 1976 and field evaluated as eligible for the NRHP. It is located approximately 600 feet northeast of the railroad line. 5EA317: Site 5EA317 is a prehistoric rock art site known as Shield Cave. It consists of a naturally occurring rock shelter that contains numerous panels of painted pictographs depicting humans, animals, and geometric symbols. Also, there is a low rock wall built within the cave. This site was recorded in 1984 and field evaluated as NRHP eligible due to the presence of well-preserved painted rock art. The site is located on BLM land about 570 feet south of the railroad line. USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 81 of 86 2 5EA637: This historic site is the original State Bridge, which was built in 1890. The locale is significant as the only year-round crossing point on this segment of the Colorado River connecting North Park and the Yampa River valley in northwestern Colorado with the rest of the state. It is also the oldest remaining example of a wooden Howe truss bridge in the state. State Bridge was listed on the NRHP in 1985. The bridge is located 150 feet southeast of the railroad line. 5EA1592: Site 5EA1592 is a prehistoric open camp that consists of flaked stone tools, debitage, and ground stone artifacts. The site was designated as officially eligible for NRHP in 2007 due to its demonstrated potential to yield additional data important to our understanding of prehistoric settlement and lifeways in the Southern Rocky Mountains. This site is located 350 feet north of the railroad line on land administered by the BLM. 5EA2142: This site is a prehistoric open camp consisting of flaked stone tools, ground stone, lithic debitage, and three culturally modified trees. Site 5EA2142 was officially determined to be eligible for the NRHP in 2009. It is located 720 feet north of the railroad line. 5EA2143: Site 5EA2143 is a prehistoric open camp that includes flaked stone tools, ground stone, lithic debitage, and one culturally modified tree. Subsurface testing revealed evidence of additional buried artifacts, and the site was officially determined to be eligible in 2009. The site is considered eligible due to its potential to yield additional data contributing to the understanding of prehistoric subsistence and settlement patterns. It is located 700 feet north of the railroad line. 5EA2304: This site consists of the remains of buildings, stone features, and a historic artifact scatter. Associated dates for the locale range from 1870-1910. It was officially determined to be NRHP eligible in 2005. It is located approximately 325 feet north of the railroad line. USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 82 of 86 3 5EA2555: Site 5EA2555 is a prehistoric lithic scatter made up of flaked stone tools and lithic debitage. It was officially determined to be NRHP eligible in 2007. This site is located approximately 250 feet north of the railroad line. 5EA2556: This prehistoric site is a prehistoric lithic scatter made up of flaked stone tools and lithic debitage. It was officially determined to be NRHP eligible in 2007. This site is situated 200 feet north of the railroad line. 5EA2557: Site 5EA2557 is a prehistoric open camp that includes a stone circle and a small assemblage of flaked stone tools and lithic debitage. This site was officially listed as NRHP eligible in 2007. It is located approximately 350 feet north of the railroad line. 5EA2587.2 This linear resource is a segment of U.S. Highway 6, which is considered significant at the national level. It was constructed in the 1920s and was one of the earliest trans-continental automobile routes. The entire extent of U.S. Highway 6 in Colorado is officially NRHP eligible for its association with the history of transportation and the establishment of the federal highway system. This segment of the highway is evaluated as supporting the overall eligibility of the larger resource. The eastern end of the segment crosses the railroad line. 5EA2704: Prehistoric site 5EA2704 is comprised of seven rock features. It was officially determined to be eligible in 2008. The site boundary extends onto both private and BLM land. It is 570 feet northeast of the railroad line. 5EA2756: This historic site is the remains of a residential structure with an associated scatter of domestic and structural debris that date to ca. 1900. Site 5EA2756 was officially determined to be NRHP eligible in 2009. It is located approximately 100 feet to the east of the railroad line. USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 83 of 86 4 5EA3041.1: This linear resource is a segment of Eagle County Road 301, which was originally built sometime prior to 1918 as a short, local road connecting the communities of Burns and McCoy. The road in its entirety has been evaluated as significant at the local level for its association with transportation in the area. This section of the road was evaluated as a supporting segment with official State Historic Preservation Office concurrence in 2013. The north end of the segment parallels the southside of the railroad line and the county road right-of-way is located on BLM land. R028750: Eagle County’s records include a picture of a partially collapsed foundation/small stone dugout structure with a wood-framed door below on parcel R028750. This potential cultural resource has not been documented or evaluated for NRHP eligibility. The site is approximately 350 feet from the railroad line. Figure 1. Remains of an unrecorded archaeological feature located on Eagle County-owned land (parcel R028750). USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 84 of 86 Exhibit B to Declaration USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 85 of 86 Tennessee Pass Line USCA Case #22-1019 Document #1961890 Filed: 09/01/2022 Page 86 of 86 AVON REGULAR MEETING MINUTES TUESDAY, OCTOBER 11, 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: 00:04:26 The meeting was hosted in a Hybrid format, in person at Avon Town Hall and using Zoom.us. Mayor Smith Hymes called the regular Council meeting to order at 5:04 p.m. A roll call was taken, and Council members present in person were Tamra Underwood, RJ Andrade, Scott Prince, Lindsay Hardy, Chico Thuon, and Amy Phillips. Also present in person were Chief of Police Greg Daly, Town Attorney Karl Hanlon, Town Manager Eric Heil, Deputy Town Manager/Town Clerk Patty McKenny, General Government Manager Ineke de Jong, and Human Resources/Risk Manager Karyne Spadi. 2. APPROVAL OF AGENDA Video Start Time: 00:04:49 There was consensus to move the discussion about item 5.7 Triple Bypass Event to executive session to occur after the Mayor and Council updates. It was suggested to move 5.6 Purchase of Artwork to executive session if the discussion transitioned into negotiations. Mayor Pro Tem Phillips moved to approve the agenda; Councilor Thuon seconded the motion and it passed unanimously (7-0). 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:07:01 No conflicts of interest were disclosed. 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may request one (1) additional minute subject to Council approval. Video Start Time: 00:07:09 Jeanne McQueenney, Eagle County Commissioner, shared her campaign platform for her election to run for another term as Eagle County Commissioner. 5. BUSINESS ITEMS 5.1. RESOLUTION 22-21 SUPPORTING THE EAGLE VALLEY TRANSPORTATION AUTHORITY (TOWN MANAGER ERIC HEIL) Video Start Time: 00:08:59 It was noted the Town of Avon was an active participant in the Regional Transportation Authority Formation Committee and other planning efforts to form a regional transportation authority since January of 2019. The Town of Avon Ballot Issue 2G proposes the formation and funding of the Eagle Valley Transportation Authority (“EVTA”) and is presented to Eagle County voters on the November ballot. Eric Heil, Town Manager, noted the broad regional collaborative effort begun by businesses and government leaders hoping to improve and enhance transportation services for Eagle County. The formation committee was comprised of elected officials representing communities of Eagle County, Avon, Eagle, Gypsum, Minturn, Red Cliff, Vail, Beaver Creek Metropolitan District and began discussion in early 2020. There was reference made to the Colorado Fair Campaign Practices Act (“FCPA”) which authorizes local governments to adopt a resolution in support or opposing a ballot measure. Councilor Phillips moved to approve Resolution No. 22-21 supporting Town of Avon Ballot Issue 2G – Formation of Eagle Valley Transportation Authority; Councilor Hardy seconded the motion and it passed unanimously (7-0). Mayor Pro Tem Philips requested town staff begin to explore opportunities to implement micro-transit services, especially to Wildridge and AVON REGULAR MEETING MINUTES TUESDAY, OCTOBER 11, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM PAGE 2 Wildwood neighborhoods. It was noted the request would be included in the 2023 Mobility Goals list. Executive Director Jon Stavney thanked the town and Town Manager for their leadership with regional transportation services as they have been instrumental in helping to get the region active with the authority formation and expanded services. 5.2. WORK SESSION: BROADBAND, INTERNET AND TELECOMMUNICATIONS (TOWN MANAGER ERIC HEIL AND IT MANAGER ROBERT MCKENNER) Video Start Time: 00:18:31 The topics were presented as an informational and educational opportunity to hear from local vendors and NWCCOG reps about the future of broadband and telecommunications services. Presenters included: Andy Davis, Public Affairs, Comcast Davis presented a number of slides addressing the services provided by Comcast who services the town. Dave Peach with Pathfinder Peach presented an overview of his business broadband internet services serving Glenwood Springs. He expressed an interest in serving Eagle County if possible. He noted their offerings related to wireless services via fixed wireless connections and their interest in being the provider of the last mile services. Jon Stavney and Nate Walowitz, NWCCOG An overview of the THOR project, the government owned regional broadband network, started in 2020, was provided. It was established in an effort to provide improved services along the I-70 corridor and more rural areas as well as offer municipalities some ability for more competition in internet services offered in their community. Town Council Comments • Councilor Andrade did not support signing on to THOR as there was no additional value or improved service levels for the costs. • Councilor Underwood supported the membership to THOR as it is time to view telecommunications and internet services similar to that of offering a utility. The town’s participation would provide for standardized infrastructure and offer the ability to be more competitive for residents as well as for commercial enterprises. • Councilor Prince was not supportive of signing onto THOR and preferred to wait as it was too costly and did not offer enough benefit. • Councilor Thuon also compared the service as that of providing a “utility” or that internet is a “core” service and supported including THOR in the budget. • Councilor Hardy did not support the expenditure and questioned what it would really solve since service is already adequate. • Mayor Pro Tem Phillips was undecided at this time and wanted more time to review the information and understand the redundancy value of the project. Public comment was made by Avon resident Rich Carroll who expressed that an assessment and baseline should be identified before signing on to THOR. It was noted that a Broadband Feasibility Study (Phase I) report was prepared by HRGreen and provided at the September 13th council meeting. There was no action required at this time. Town Manager Eric Heil noted that if further discussion is warranted it would become part of the budget retreat agenda for October 28. AVON REGULAR MEETING MINUTES TUESDAY, OCTOBER 11, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM PAGE 3 5.3. PUBLIC HEARING: SECOND READING OF ORDINANCE 22-14 AUTHORIZING THE PURCHASE OF SHERWOOD MEADOWS UNIT 1B (TOWN MANAGER ERIC HEIL) Video Start Time: 02:03:05 There was no new information on the topic and staff recommendation was to continue the ordinance to a date uncertain. The public hearing was opened, no comments were made, the hearing was closed. Councilor Underwood moved to table Ordinance 22-14 indefinitely; Councilor Thuon seconded the motion and it passed unanimously (7-0). 5.4. PUBLIC HEARING: RESOLUTION 22-22: OPT OUT OF FAMLI (CHIEF HUMAN RESOURCES OFFICER LANCE RICHARDS) Video Start Time: 02:06:33 Deputy Town Manager Patty McKenny and HR Manager Karyne Spadi presented Resolution 22-22 with a brief explanation of FAMLI program and requirements. Councilor Underwood expressed she would like the Town to offer employees the option to have this deducted from their paycheck directly, Karyne confirmed HR and Finance are working on this option. The public hearing was opened, no comments were made, the hearing was closed. Councilor Underwood moved to approve Resolution 22-22 to opt out of the Colorado Paid Family and Medical Leave Insurance Program (FAMLI). Councilor Thuon seconded the motion and it passed unanimously (7-0.) 5.5. WORK SESSION: LEVEL OF SERVICE FOR OPERATIONS (OPERATIONS MANAGER GARY PADILLA & DEPUTY OPERATIONS MANAGER DREW ISAACSON) Video Start Time: 02:17:03 Town Manager Eric Heil presented the plan as a “work in progress” and that the purpose was to identify level of services related to maintenance and service performed by the public operations division of Public Works Department. The goal is to get beyond the reactionary performance to maintaining assets and services and move towards more institutionalized approach with supportive funding and details about improvements. Council comments: • Councilor Thuon requested that a “hot list” of items that require immediate attention be created to address those assets in serious disrepair. • Council Hardy commented on the color of the pavers and the need to consider selecting another color based on the timeline provided on the current color. She suggested some changes to roundabout 4, xeriscape approach may be helpful in reducing maintenance needs. • Councilor Andrade commented on the reality of the life years listed for street maintenance. • Councilor Underwood noted support for the intro statement and the plan but thought some fine tuning was needed, e.g., Drainage section, stormwater infrastructure, trail section, need bridges and painting standards to be included. • Mayor Pro Tem Phillips noted it was a great document with some minor edits, page 13 should include Wildridge Road and suggested it be included on the public works’ website page. • Mayor Smith Hymes requested the tools be transitioned to electric, inquired about town cleanup day, stormwater infrastructure maintenance, trails maintenance and role of the adopt a trail program. She expressed concern about noxious weeds mitigation and AVON REGULAR MEETING MINUTES TUESDAY, OCTOBER 11, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM PAGE 4 whether it includes the Avon open space and immediate proximity to parks. She requested some changes to the landscaping section, e.g., remove decorative turf and only xeriscape water resistant landscape should be the new standard. It was noted a revised plan would be brought back to town council for consideration and approval next spring. 5.6. DISCUSSION ABOUT THE PURCHASE OF ART [THIS ITEM MAY BE DISCUSSED IN EXECUTIVE SESSION] (TOWN MANAGER ERIC HEIL) Video Start Time: 02:52:03 There was some discussion about the purchase of artwork proposal from Knox Galleries that would allow the town to purchase 9 art pieces loaned to the town many years ago. If we decide not to purchase them, they will be removed from Town. There was consensus to review the art pieces in more depth and consider some of the recommendations made by the CASE committee at the next council meeting. Some input provided by council is summarized below: • Are there grants for purchasing public artwork? • Should the town consider a fundraising program to purchase public art? • An art program that changes the public artwork is preferred. • There should be an effort to gain more public input on the purchase of the artwork. • The artwork has a great deal of value to the town and many guest and community members enjoy it. 5.7. DISCUSSION ABOUT HOSTING OF THE TRIPLE BYPASS EVENT [THIS ITEM MAY BE DISCUSSED IN EXECUTIVE SESSION] (TOWN MANAGER ERIC HEIL) See Executive Session motion below. 6. MINUTES 6.1. APPROVAL OF SEPTEMBER 27, 2022 REGULAR COUNCIL MEETING MINUTES (DEPUTY TOWN CLERK BRENDA TORRES) Video Start Time: 03:07:28 Mayor Smith Hymes noted one correction in the minutes about MT2030. Mayor Pro Tem Phillips moved to approve the minutes with that amendment. Councilor Hardy seconded that motion and it passed unanimously (7-0). 7. WRITTEN REPORTS 7.1. 2023 Community Grants Program (Marketing & Communications Manager Elizabeth Wood) 7.2. Third Quarter Department Goals update (Town Manager Eric Heil) 7.3. Health and Recreation Committee Meeting Minutes September 13, 2022 (Recreation Director Michael Labagh) 7.4. Culture, Arts & Special Events Committee Meeting Minutes September 15, 2022 (Special Events Coordinator Chelsea Van Winkle) 7.5. Pools Special Initiative Grant Funding (Recreation Director Michael Labagh) 7.6. October 4, 2022 Planning and Zoning Commission Meeting Abstract (Planner 1+ Max Morgan) ** Indicates topic will be discussed at future agenda’s AVON REGULAR MEETING MINUTES TUESDAY, OCTOBER 11, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM PAGE 5 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 03:09:43 • Councilor Andrade noted that he would be meeting with the Avon Skate Coalition to review their proposal for a skate park in Avon. • Councilor Thuon asked about project management oversight of town projects related to ensuring the capital projects in progress get the right attention from the town and the contractors. He inquired about costs related to lifeguard training; he though the town should cover those costs and it was noted the town does cover the cost. He expressed his concern about the need for two access roads to Wildridge and Wildwood in light of the recent construction on Metcalf Road. • Councilor Hardy expressed concern about the problems and delayed timeline that have occurred with the underpass project and whether the contractors are to blame; the project should be completed on time and according to the scope of work identified. She also suggested the town offer a compost area for pumpkin recycling. • Mayor Smith Hymes noted she attended the Eagle County Public Safety Awards banquet which was also well attended by Town of Avon employees from the police department. Not only did she present but two Avon Sergeants were recognized for their distinguished service: Sergeant Mackey and Sergeant Churches. 9. EXECUTIVE SESSION Mayor Pro Tem Phillips moved to go into an Executive Session pursuant to Colorado Revised Statute 24-6-402(4)(a) and (e) for a conference with the Town Manager and Town Attorney regarding the purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest and determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators more specifically regarding the hosting of the Triple Bypass event. Councilor Underwood seconded the motion and it passed unanimously (7-0). The Executive Session began at 8:30 p.m. and adjourned at 8:54 p.m. Present were all seven Councilors, Town Manager Eric Heil, Town Attorney Karl Hanlon, Deputy Town Manager/Town Clerk Patty McKenny and General Government Manager Ineke de Jong. 10. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 8:54 p.m. AVON REGULAR MEETING MINUTES TUESDAY, OCTOBER 11, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM PAGE 6 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: Patty McKenny, Town Clerk APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade (970) 748-4021 pmckenny@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Patty McKenny, Deputy Town Manager RE: Town of Avon Municipal Election November 8, 2022: UPDATES DATE: October 14, 2022 SUMMARY: The Eagle County General (Coordinated) Election will be held November 8, 2022, administered by the Eagle County Clerk and Recorders Office. Town of Avon’s portion of the ballot will include a municipal candidate election and a referred question from Avon Town Council addressing the formation and funding of the Eagle Valley Transportation Authority. The Town Clerk’s Office will work with the Eagle County Clerk to administer Avon’s portion of the coordinated election, acting as the primary liaison between the Town and the County Clerk. Ballots will be mailed to Avon registered voters October 17, 2022, from Eagle County Clerk. Drop Off Ballots in Avon Eagle County Clerk and Recorder’s Office - west parking lot, (Avon Center) 100 W. Beaver Creek Blvd. (beginning Oct. 17, drive through available) Voter Service and Polling Center at Avon Town Hall (beginning Oct. 24) Election Contact Information - A Voter Service and Polling Center will be located at the Avon Town Hall, 100 Mikala Way, to assist voters with their ballots and election questions beginning October 24. For further questions about the Avon election, contact: Town Clerk’s Office at 970.748.4021 or access the town’s website: November 8, 2022 Municipal Election | Avon, CO - Official Website Eagle County Clerk and Recorder’s Office at their website: Voting and Elections (eaglecounty.us) Ballot Information - The composite (sample) ballot for the November 8 General Election is available for publication purposes only and includes all political subdivisions, with races and measures, participating in the coordinated mail ballot election. The actual ballot will only contain races and measures for which you are eligible to vote based on your Eagle County residential address. Spanish translation of the ballot will be completed and uploaded to the County website soon; contact a Voting Service and Polling Center to request a Spanish version of the November 8 ballot. Important Election Dates Oct 17: Ballots mailed and 24-hour ballot boxes open Oct 24: Vote centers open Oct 31: Last day ballots can be mailed to voters. After October 31, stop into a vote center to be issued a ballot. Oct 31 :Last recommended day for voters to mail ballots. Postage to mail ballot is one Forever stamp. Nov 8: Election Day. Polls open 7 a.m. to 7 p.m. Ballots must be dropped in any Colorado county- controlled ballot box or vote center by 7 p.m. Postmarks do not count! Register to Vote or Make Changes to Your Voter Registration: If you have a Colorado Driver's License or Colorado Identification Card, go to GoVoteColorado.gov, and click on either Register Online or Find My Registration. OR, You may print, complete, and return a paper form: Formulario de Registración de Votante de Colorado (Formulario en papel) Return your completed form to the Eagle County Clerk and Recorder’s office or branch locations (970) 748-4001 btorres@avon.org (970) 748-4021 pmckenny@avon.org Thank you, Patty ATTACHMENT A – Notice of General Election from Eagle County Clerks Office EAGLE COUNTY, COLORADO NOTICE OF GENERAL ELECTION Election Date: November 8, 2022 Election Type: Mail Ballot Election Hours: 7 a.m. to 7 p.m. Regina O’Brien Eagle County Clerk and Recorder VOTE CENTER LOCATIONS, DATES, AND TIMES Eagle Clerk and Recorder’s Office 500 Broadway Eagle, CO 81631 Weekdays: October 24 – November 7 8 a.m. – 5 p.m. Saturday: November 5 9 a.m. – 1 p.m. Election Day: November 8 7 a.m. – 7 p.m. Town of Avon Municipal Office 100 Mikaela Way Avon, CO 81620 El Jebel Clerk and Recorder’s Office 20 Eagle County Drive El Jebel, CO 81623 The Grand View Atop the Lionshead Parking Structure 395 S. Frontage Road West Vail, CO 81657 Thursday: November 3 8 a.m. – 5 p.m. Friday: November 4 8 a.m. – 5 p.m. Saturday: November 5 9 a.m. – 1 p.m. Monday: November 7 8 a.m. – 5 p.m. Election Day: November 8 7 a.m. – 7 p.m. ; 24-HOUR BALLOT BOX LOCATIONS – OPEN OCTOBER 17, 2022 Eagle Clerk and Recorder’s Office 500 Broadway Eagle, CO 81631 Town of Gypsum 50 Lundgren Blvd. Gypsum, CO 81637 Mountain Recreation Field House 450 Miller Ranch Rd. Edwards, CO 81632 Avon Clerk and Recorder’s Office 100 W. Beaver Creek Blvd. Avon, CO 81620 Town of Basalt 101 Midland Ave. Basalt, CO 81621 El Jebel Clerk and Recorder’s Office 20 Eagle County Dr. El Jebel, CO 81623 Town of Vail 75 S. Frontage Rd. W. Vail, CO 81657 All active eligible registered voters will be mailed ballots the week of October 17, 2022. The ballot issued to you will only contain those questions on which you are eligible to vote based on your place of residence listed on your voter registration. Voter registration changes can be made online by visiting www.GoVoteColorado.gov. Voters who make changes to their registration after October 31, 2022 must visit a vote center to obtain a ballot. The last day to request a ballot to be mailed is October 31, 2022. Services available at vote centers include voter registration up to and including November 8, 2022, accessible voting, in-person voting, replacement ballots, and ballot drop off boxes. The County Clerk’s Office must receive your ballot by 7 p.m. on Election Day. Postmarks do not count. Online: www.GoVoteColorado.gov Mail: Eagle County Clerk and Recorder, PO Box 537, Eagle, Colorado 81631 Phone: 970-328-8715 Fax: 888-816-1643 Email: elections@eaglecounty.us *** PLEASE BE AWARE THAT BY LAW, BALLOTS CANNOT BE FORWARDED. *** 970-748 -4044 dstockdale@avon.org TO: Honorable Mayor Smith Hymes and Council Members FROM: Dean Stockdale, Senior Accountant RE: Financial Report – August and September 2022 Data DATE: October 18th, 2022 SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and short-term rental tax for August 2022 and the recreation fees and real estate transfer tax revenues for September 2022. BACKGROUND: The Town’s 2022 budget was adopted in December 2021. There have not been any subsequent revisions to the adopted budget so far in 2023. The percentage variance, or comparative change is reflected in the analysis portion of this report in respect to each individual section for July and August revenues in 2022. Tax revenues are not budgeted on a monthly basis; however, for purposes of analysis, monthly budget variances are based on a 3-year average of actual revenues. REVENUE ANALYSIS: Sales Tax: Revenues – September 2022: August sales tax revenues totaled $939,057. This is an increase of $75,553 or 8.75% compared to August 2021 sales tax revenue of $863,504. AUGUST 2021 v AUGUST 2022 SALES TAX COMPARISON BY INDUSTRY August 2021 August 2022 Increase/Decrease Home/Garden $95,738.76 $112,516.24 $16,777.48 Grocery/Specialty/Health $203,786.86 $213,777.67 $9,990.81 Sporting Goods Retail/Rental $41,639.12 $53,148.93 $11,509.81 Miscellaneous Retail $25,579.52 $26,722.15 $1,142.63 Accommodations $175,745.27 $165,134.13 ($10,611.14) Restaurants/Bars $180,039.54 $204,400.88 $24,361.34 Other $11,405.51 $13,034.74 $1,629.23 Service Related $15,867.83 $18,43.39 $2,564.56 Liquor Stores $29,695.27 $17,493.43 ($12,201.84) E-Commerce Retail $42,374.23 $51,378.09 $9,003.86 Manufacturing/Wholesale $6,899.54 $16,860.84 $9,961.30 Construction Related Services $22,194.13 $37,595.46 15,401.33 Digital Media Suppliers/Sellers $6,431.19 $6,582.30 $151.11 Commercial/Industrial Equipment $1,168.63 $1,117.03 ($51.60) Special Events $4,938.86 $863.17 ($4,075.69) TOTAL $863,504.26 $939,057.45 $75,553.19 Page 2 of 9 Sales Tax: August 2022 Budget v Actual Collections: August 2022 sales tax revenues totaled $939,057. This is an increase of $52,409 over the August 2022 estimates of $886,648 . This is 5.91% over the adopted 2022 budget (based on a 3-year average). AUGUST 2022 BUDGET v ACTUAL COLLECTIONS - SALES TAX 2022 Budget 2022 Actual Dollar Variance Percentage Variance June $886,648.29 $939,057.45 $52,409.16 5.91% 639,569.12 677,421.62 683,538.19 863,504.26 939,057.45 5.92%0.90% 26.33% 8.75% $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 $1,000,000 2018 2019 2020 2021 2022 2018-2022 August Sales Tax Revenue Trend Page 3 of 9 Accommodation Tax: Revenues – August 2022: Accommodation tax revenues totaled $175,378 for the month of August. This is a decrease of $11,396 or (6.10 %) compared to August 2021 accommodation tax revenues, which totaled $186,774. Accommodation tax collections by industry type for August 2022 compared to August 2021 reported a decrease for Time Shares and Vacation Rentals and an increase to Hotels. AUGUST 2021 v AUGUST 2022 ACCOMMODATION TAX COMPARISON BY INDUSTRY August 2021 August 2022 Increase/(Decrease) Timeshares $32,105.11 $27,072.71 ($5,032.40) Hotels $83,530.89 $87,233.21 $3,702.32 Vacation Rentals $71,138.35 $61,072.43 ($10,065.92) TOTAL $186,774.35 $175,378.35 ($11,396.00) August 2022 Budget v Actual Collections: August 2022 accommodation tax revenues totaled $175,378. This is a decrease of $32,772 over the August 2022 estimates of $208,150. This is (15.74%) under the adopted 2022 budget (based on a 3-year average). AUGUST 2022 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX 2022 Budget 2022 Actual Dollar Variance Percentage Variance June $208,150 $175,378 ($32,771.97) (15.74%) 98,193 110,203 101,458 186,774 175,378 12.23% -7.94% 84.09% -6.10% $0 $25,000 $50,000 $75,000 $100,000 $125,000 $150,000 $175,000 $200,000 2018 2019 2020 2021 2022 2018-2022 August Accommodation Tax Revenue Trend Page 4 of 9 Short Term Rental Tax: Revenues – August 2022: STR Tax for Community Housing totaled $76,897 for the month of August. There are no previous period revenues for comparison. The amount of STR Tax for Community Housing revenues collected year-to-date compared to the annual budget of $750,000 represents 106.27 %. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential. AUGUST 2022 STR TAX FOR COMMUNITY HOUSING COMPARISON BY INDUSTRY August 2022 Timeshares $13,536.35 Hotels $34,199.17 Vacation Rentals $29,162.17 TOTAL $76,897.69 Tobacco & Cigarette Tax: Revenues – August 2022: Tobacco tax revenues totaled $32,754 and cigarette tax revenues totaled $24,502 for August 2022. Compared to August 2021 revenues, this is an increase of $6,501 for tobacco tax revenues, which totaled $26,252 and an increase of $536 for cigarette tax revenues, which totaled $23,967. 15,381 28,132 26,253 32,754 82.90% -6.68% 24.76% - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 2019 2020 2021 2022 2019-2022 August Tobacco Tax Revenue Trend Page 5 of 9 August 2022 Adopted Budget v Actual Collections: August 2022 tobacco and cigarette tax revenues totaled $32,754 and $24,503 , respectively. This is an increase of $755 , over the August 2022 budget for tobacco tax, which is $3,999 and an increase of $4,436 over the August 2022 budget for cigarette tax estimates, which is $20,067 which is based on a 3-year average. AUGUST 2022 BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES 2022 Budget 2022 Actual Dollar Variance Percentage Variance Tobacco $31,998.94 $32,753.89 $754.95 2.36% Cigarettes $20,067.12 $24,502.95 $4,435.83 22.10% Total $5,190.78 6,141 25,701 23,967 24,503 318.50% -6.75% 2.24% - 5,000 10,000 15,000 20,000 25,000 30,000 2019 2020 2021 2022 2019-2022 August Cigarette Excise Tax Revenue Trend Page 6 of 9 Real Estate Transfer Tax: Revenues – September 2022: September 2022 real estate transfer tax totaled $218,696. Compared to September 202 1, which totaled $573,822, this is a decrease of $355,125. This is a decrease of $71,901 over the September 2022 budget which was based on a 3-year average. SEPTEMBER 2022 BUDGET v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES 2022 Budget 2022 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $255,921.15 $209,519.96 ($46,401.19) (18.13%) $311,023 $604,159 $732,112 $573,822 $218,696 94.25% 21.18% -21.62% -61.89% $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 2018 2019 2020 2021 2022 Real Estate Transfer Tax August Revenue Trends Page 7 of 9 Recreation Center Fees: Revenues – September 2022 Admissions & Program Fees: Recreation admission revenues for September 2022 totaled $61,480, a decrease of $736 compared to September 2021 which totaled $62,217. This is $9,988 over the adopted 2022 budget estimates of $51,492. Recreation program fee revenues for September 2022 totaled $32,857. This is an increase of $4,828 compared to 2021, which totaled $28,029 . This is $6,166 under the adopted 2022 budget estimates, which is $39,023 which is calculated based on a 3-year average. 49,316 55,599 34,484 62,217 61,481 12.74% -37.98% 80.42% -1.18% - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 2018 2019 2020 2021 2022 Recreation Admissions September Revenue Trends $41,464 $34,705 $34,839 $28,029 $32,857 -16.30% 0.39% -19.55% 17.23% $0 $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 2018 2019 2020 2021 2022 Recreation Program Fees September Revenue Trends Page 8 of 9 Tax Revenue Comparison – YTD 2021 v 2022: All revenues except for Cigarette tax and Rec Program fees are reporting an increase for 2022 compared to 2021. Below is a table which reflects the dollar change and percentage variance. Adopted Budget 2022 v Actual 2022: All revenues except for Cigarette tax and Recreation Program Fees reflect a positive variance over the 2022 budget. Below is a table which reflects the dollar change and percentage variance. 2021 v 2022 Year-to-Date Revenue Comparison 2021 YTD 2022 YTD Dollar Variance Percentage Variance Sales Tax $7,17760.05 $8,320,287.69 $1,142,527.64 15.92% Acc. Tax $1,364,326.35 $1,766,528.24 $402,201.89 29.48% Tobacco Tax $201,560.39 $231,714.49 $30,154.10 14.96 Cigarette Tax $173,232.00 $164,465.49 ($8,766.51) -5.06% RETT $3,985,719.05 $4,246,485.31 $260,766.26 6.54% Rec Admissions $466,926.17 $761,335.82 $294,409.65 63.05% Rec Program Fees $257,847.92 $263,869.59 $6,021.67 2.34% 2022 Revenue Comparison – Budget v Actual Budget Actual Dollar Variance Percentage Variance Sales Tax $7,347,238.52 $8,320,287.69 $973,049.17 13.24% Acc. Tax $1,695,925.78 $1,766,528.24 $70,602.46 4.16% STR Tax for CH $500,000.00 $797,041.10 $297,041.10 59.41% Tobacco Tax $196,556.87 $231,714.49 $35,157.62 17.89% Cigarette Tax $171,996.10 $164,465.49 ($7,530.61) -4.38% RETT $2,087,272.09 $4,246,485.31 $2,159,213.22 103.45% Rec Admissions $460,902.90 $761,335.82 $300,432.92 65.18% Rec Program Fees $326,422.53 $263,869.59 ($62,552.94) -19.16% Page 9 of 9 EXPENDITURES: General Fund YTD Actuals v 2022 Budget: General Fund expenditures through September 2022 total $12,513,844 which is 58.05% of the total adopted budget. These expenditures include all wages, health benefits, events, computer services, operating cost, legal services, and utilities. Mobility Fund YTD Actuals v 2022 Budget: Mobility Fund expenditures through September 2022 total $2,735,628 which is 47.05% of the total adopted budget. These expenditures include cost for wages, health benefits, consulting services, utilities, and bike share program. Fleet Maintenance YTD Actuals v 2022 Budget: Fleet Maintenance expenditures through September 2022 total $1,073,179 which is 61% of the total adopted budget. These expenditures include wages, health benefit, fuel, vehicle maintenance, utilities, equipment, and operating supplies. Capital Projects Fund YTD Actuals v 2022 Budget: The Capital Improvement expenditures through August 2022 total $2,695,555 which is 24.22% of the total adopted budget. These expenditures include construction cost, design/contracts, and professional services. Thank you, Dean 970-748-4069 cfackler@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Carly Elena Fackler, Accountant RE: 3rd Quarter RETT Sales and Exemption Report DATE: October 4th, 2022 SUMMARY: The 3rd quarter of 2022 has generated lower RETT revenues compared to prior years. While there has been a significant amount of revenues generated through RETT, four primary exemptions were applied for in the 3rd quarter of 2022. There were eight Mi Casa applications approved in the 3rd quarter of 2022. BACKGROUND: Prior to 2020, section 17 and 18 were the only primary residence exemptions available to buyers in Avon. In 2019, Council adopted Ordinance 19-05 which provides a 3rd primary residence RETT exemption. Under this new exemption, purchasers may apply for an exemption up to $240,000 of consideration paid, or up to $4,800 in RETT Relief. There are new conditions which must be met in order to qualify for section 19, which are highlighted Attachment A, SUMMARY OF PRIMARY RESIDENCE RETT EXEMPTIONS. In 2021, Mi Casa was approved to provide $900,000 in funds to qualifying participants. Of the $900,000 approved, $847,222 was contributed by the Town for 13 properties. In 2022, Council approved $1,200,000 in funds for Mi Casa with the goal to provide financial assistance for 16-20 homebuyers in 2022. This is an increase of $300,000, compared to 2021. ANALYSIS: RETT Exemptions Granted 2020 – 2022 In 2022, 4 primary residence exemptions were granted in the 3rd quarter. This is a decrease of 5 exemptions granted in the 3rd quarter of 2021 and a decrease of 9 exemptions granted in the 3rd quarter of 2020. In the 3rd quarter of 2022, $11,500 was granted in RETT Relief, which is $17,300 less than 2021, which granted $28,800, and $60,450 less than 2020, which granted $71,950. RETT Exemptions Granted 3rd Quarter Trend Type Of Exemption 2020 2021 2022 Section (17) 13 9 4 Section (18) 0 0 0 Section (19) 7 0 0 Total 20 9 4 Page 2 of 3 3rd Quarter Primary Residence Exemptions Granted Month Avon Neighborhood Purchase Price of Property Exemption Section Amount Exempt July Wildridge $1,125,000 17 $3,200 July Wildridge $2,211,000 17 $3,200 August East Avon $630,000 17 $3,200 August West Avon $190,000 17 $1,900 Total 4 $11,500 3rd Quarter Activity Actual RETT revenue for the 3rd quarter of 2022 totaled $901,715. This correlates to a total of $45 million in property sales. Total RETT Activity - 3rd Quarter 2022 July August September Total RETT Revenue $453,491 $209,948 $238,276 Total Exemptions $6,400 $5,100 $0 Total RETT $459,891 $215,048 $238,276 Total Sales $22,994,550 $10,752,398 $11,913,824 71,950 28,800 11,500 -149.83% -150.43% - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 2020 2021 2022 3rd Quarter RETT Relief Granted Page 3 of 3 3-Year Average RETT Activity Based on a 3-year average, July RETT revenues reflect a positive variance of 18.11%. August and September RETT revenues reflect a negative variance of -52.49%, and -53.11% respectively. 3-Year Average RETT Revenue Trend 2020-2022 July August September Total RETT Revenue $383,971 $441,913 $508,210 Total Exemptions $15,930 $11,300 $10,187 Total RETT $399,901 $453,213 $518,397 Total Sales $19,995,050 $22,660,650 $25,919,850 % Variance 18.11% -52.49% -53.11% Thank you, Carly Elena Fackler ATTACHMENT A: SUMMARY OF PRIMARY RESIDENCE RETT EXEMPTIONS Exemptions Section (17) Section (18) Section (19) Amount $160,000 $160,000 $240,000 Home Value Cap None None $700,000 Eagle County Employee N/A Yes Yes Affidavit of Primary Residence Yes Yes Yes Promissory Note 1 year 1 year 3 years Lien Yes Yes Yes 970-748-4113 jshoun@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Jim Shoun, Mobility Manager RE: E-Bike Share Program Update DATE: October 19, 2022 SUMMARY: This report provides an update on the Avon E-Bike Share Program. The collaborative effort between Avon, Vail and the Eagle-Vail Metropolitan district was launched this summer and the program has been popular. There were 6753 rides as of October 16th. E-bikes will be available until October 31, 2022 when they will be removed and stored until next spring. Due to staffing issues, Drop Bike, the contractor, is unable to extend the season this year. All three communities are budgeting for more hubs and e -bikes for 2023. The Mobility Division has budgeted $100,000 for the 2023 e-bikeshare program. The Edwards Metro District, Eagle County, and Minturn have all shown interest in joining the program. BACKGROUND: The e-bikeshare program is a collaboration between Avon, Vail and Eagle-Vail. Launched on June 7, 2022, with a total of 20 hubs and 90 electric bicycles (6 hubs and an average of 20 bikes in Avon). The Town of Avon contributed $50,000 toward the $175,000 program in 2022. 2022 SUMMER RIDERSHIP RESULTS: The system has been popular and ridership is above expectations. The system and its pricing schedule is designed to promote shorter trips for commuting and quick errands. From weekly summary sheets provided by service provider Drop Bikes, the system statistics as of 10/16 include: RIDE DATA AVON VALLEY-WIDE TOTAL RIDES 1430 6753 AVERAGE TRIP DISTANCE(MILES) 2.16 3.02 AVERAGE RIDE TIME (MINUTES) 25.70 29.86 TOTAL MILES RIDDEN 3092 20405 # CO2 EMISSIONS REDUCED 2473.60 16324 NEXT STEPS: The three partner communities are excited to expand the system within our communities in 2023. Vail is budgeting for an additional 3-5 stations and 15-25 e-bikes, and Eagle-Vail is budgeting for 1 additional hub and 5 e-bikes. In the Avon 2023 draft budget, an additional $50,000.00 ($100,000.00 total) is being allocated for 3 additional hubs (Buffalo Ridge, EagleBend Apartments and Walmart) and 12-15 additional e-bikes. We would also like to see the system expand regionally, especially in Minturn and Edwards. The Edwards Metro district is considering a $100,000 commitment for 2023 and Eagle County has shown interest. COUNCIL DIRECTION: This report is informational and no Council action is required. ATTACHMENTS: A. Avon Specific ridership data B. Valley Wide Ridership Trends C. Pricing Schedule Thank you, Jim Page 2 of 7 Attachment A: RIDERSHIP BY AVON HUB 7/7/2022-10/16/2022 BLACK FONT (ROWS): START HUB WHITE FONT (COLUMNS): END HUB Page 3 of 7 TRIPS STARTS FROM EACH AVON HUB Page 4 of 7 TOTAL TRIPS FROM AVON HUBS Page 5 of 7 Attachment B: VALLEY WIDE DATA 0.00 0.05 0.10 0.15 0.20 0.25 PE R C E N T O F R I D E S MILES Trip Length Miles 3% 13% 12%12% 13% 10% 9% 6% 4% 3%2%2% 10% 0% 2% 4% 6% 8% 10% 12% 14% 5 10 15 20 25 30 35 40 45 50 55 60 More PE R C E N T O F R I D E S MINUTES PER RIDE Trip Duration Page 6 of 7 236 488 463 517 534 567 486 438 439 300 282 391 413 263 236 166 251 157 124 197 230 172 194 192 208 125 193 134 110 184 183 143 117 81 149 89 0 100 200 300 400 500 600 TO T A L T R I P S 13- Jun 20- Jun 27- Jun 3- Jul 11- Jul 18- Jul 25- Jul 1- Aug 8- Aug 15- Aug 22- Aug 29- Aug 5- Sep 12- Sep 19- Sep 26- Sep 2- Oct 10- Oct Total Trips Valley Wide 236 488 463 517 534 567 486 438 439 300 282 391 413 263 236 166 251 157 Total Trips Starting or Ending in Avon Hub 124 197 230 172 194 192 208 125 193 134 110 184 183 143 117 81 149 89 Trips per Week Page 7 of 7 Attachment C: Program Pricing: The price schedule for this service reflects the desire to inform users of the difference between e-bike share programs (commuting, errands, shorter rides) and e-bike rental programs (longer excursions, multi-day usage, recreation, etc.). Short trips, especially for locals, are relatively inexpensive. As the time grows, the ride becomes increasingly more expensive.