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TC Packet 11-08-2022_______________________________________________________________________________ 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, November 8, 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: Eagle County Community Wildlife Roundtable (Planner 1+ Max Morgan, Layton Stutsman with Colorado Parks & Wildlife, Jessica Foulis with Eagle Valley Land Trust) (10 Minutes) 5:05 5.2. Public Hearing: Emergency Ordinance 22-18 Approving the Purchase of 511 Metcalf Road Unit G20 (Town Manager Eric Heil) (15 Minutes) 5:15 5.3. First Reading Ordinance 22-16: International Building Code Text Amendments (Planning Director Matt Pielsticker) (30 Minutes) 5:30 5.4. Public Hearing: Second Reading Ordinance 22-17: Sales Tax Update (Finance Director Scott Wright) (10 Minutes) 6:00 5.5. Public Hearing: Proposed 2023 Budget (Finance Director Scott Wright) (30 minutes) 6:10 6. MINUTES 6.1. Approval of October 25, 2022 Regular Council Meeting Minutes (Deputy Town Clerk Brenda Torres) (5 Minutes) 6:40 7. WRITTEN REPORTS 7.1. Construction and Road Closure Update (Town engineer Justin Hildreth) 7.2. Quarterly Mi Casa Program Update (Senior Planner Jena Skinner) 7.3. Climate Action Organizations (Sustainability Coordinator Charlotte Lin) 7.4. Colorado Lottery Starburst Award (Recreation Director Michael Labagh) 7.5. Culture, Arts & Special Events Committee Meeting Minutes October 20, 2022 (Special Events Coordinator Chelsea Van Winkle) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 6:45 9. ADJOURN 7:00 Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any 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 970.748.4014 mmorgan@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Max Morgan, Planner 1+ RE: Eagle County Community Wildlife Roundtable DATE: October 27, 2022 SUMMARY: The Eagle County Community Wildlife Roundtable (“ECCWR”) is a group of diverse stakeholders that focuses on achieving and maintaining healthy wildlife populations in the area. Priority initiatives for the ECCRW include the protection and improvement of desirable wildlife habitat, the development of a criteria to prioritize habitat improvement projects, and the development of resources for habitat conservation. Presently, the ECCRW is engaging with local municipalities to showcase accomplishments, and encourage municipalities to provide staffing and general support for the group and its initiatives. The purpose of this memo is to supplement a presentation from the ECCWR scheduled for the Avon Town Council meeting on November 8, 2022. The presentation is designed to (re)introduce the ECCWR and its vision, and report on recent projects and initiatives completed by the group. No action is requested from Council. BACKGROUND: The ECCWR formed in early 2020 to advance a shared vision for Eagle County “that wildlife is thriving, our community embraces the value of a diverse wildlife population and takes action to protect and enhance wildlife and their habitat for future generations.” The roundtable is made up of diverse stakeholders including Colorado Parks & Wildlife (“CPW”) staff, leadership from environmental conservation groups like the Eagle Valley Land Trust (“EVLT”), and representatives from local government. The group meets bi-monthly virtually to give updates and identify next steps on projects and initiatives. Fifty-seven (57) individuals make up the Roundtable with over thirty (30) unique entities and organizations represented. Since April 2022, I have served as a Roundtable member as a representative from the Town of Avon. The ECCWR includes four committees: 1.Land Use Planning 2.Education / Outreach 3.Human / Wildlife Management Committee and 4.Habitat Management Committee These four committees apply focused attention to the mission and vision of the ECCWR. Collective accomplishments include: •Implementation of a survey related to community values for wildlife and land use development •Design and publication of articles for wildlife education (See Attachment A) •Events and programming to advance human-bear conflict mitigation •GIS mapping of wildlife habitats and habitat improvement projects (See Attachment B) Looking ahead, the ECCWR has immediate future goals to: •Coordinate funding to improve wildlife crossings •Develop criteria to prioritize projects •Enhance public education on wildlife issues and solutions •Continue publication of articles for wildlife education 970.748.4014 mmorgan@avon.org • Develop an inventory of municipal codes related to wildlife and provide subsequent recommendations for towns and the County The current and planned efforts and actions of the ECCWR complement the Goals & Policies in the Avon Comprehensive Plan (2017) including: • Policy G.1.1.: Acquire and protect open space that preserves wildlife and the natural environment. • Policy G.1.4.: Minimize and mitigate potential development impacts to wildlife and watersheds. • Policy H.1.2.: Manage, protect, and plan for public open space. Analyze trail maintenance and rule enforcement in open space. • Policy J.1.1.: Collaborate with county, regional, state, and federal agencies and adjacent municipalities on cooperative planning efforts and regional issues. NEXT STEPS: I plan to continue serving as a Town of Avon representative to the ECCWR, and remain committed to the vision to which the group subscribes. The Town can continue to support the ECCWR by aligning plans, goals and policies for Staff and departments with goals expressed by the ECCWR. The Town can also support the ECCWR moving forward by encouraging Staff and the community to engage with the ECCWR about development projects, plans, events and education that ensure wildlife protection is embraced by the Eagle County community. The ECCWR is not requesting funding at this time however, intends to make a specific funding request in its next budget cycle. Thank you, Max ATTACHMENT A: Example of ECCWR GIS Map ATTACHMENT B: Example of Publication for Wildlife Education ATTACHMENT A – Example of ECCWR GIS Map Community Wildlife Roundtable Interactive Map Viewer: Elk Migration, Production, Winter Range & Habitats Lo ca l &Re gion A2 |Saturday,October 15, 2022 |Va il Daily TA BLE OF CONTENTS COMMENTARY A6 TOWN TA LK A12 CALENDAR A20 OURWORLD A22 Vol.XLII,Issue104 What is the rut and how are humans impacting the rut? The rut is probably the most vital event in a species' yearly life cycle.The rut is the mating season, usually fall, for many large mammals.It generally involves migration through wildlife cor- ridors to a specific rutting site. The most well-known rut in our area involves elk. The bugling and rutting activity is something that thousands enjoy each year.The choices humans make that disrupt the migration corri- dors or the sites where the rut occurs may cause a reduction in population or even the elimination of that herd entirely. Many animals have a mating season. The animals that are obvious, to those that watch wildlife, are the large rumi- nates in the state.That includes mule deer, white-tailed deer, bighorn sheep, moose, rocky mountain goats, prong- horns, and bison.The only one of those animals that do not live in a wild situa- tion in Eagle County is the bison. Why is there a specific time to begin the rut for these animals?The gesta- tion period (pregnancy) needs to match up with seasonal conditions. When females are impregnated in the fall, they give birth in the spring when it is warmer, there is less severe weath- er, and plants are greening up. All are factors needed to help vulnerable new- borns survive. The goal of animals in the rut is to produce future generations.The rutting season varies by species in terms of length and time.The timing is based on the photoperiod (amount of daylight each day).As darkness increases a hor- mone called melatonin, which is pro- duced by the pineal gland in the brain, begins to increase and that is what triggers females to come into estrus.In males, melatonin increases the levels of testosterone.The behavioral and phys- iological shifts observed during the rut are triggered by these hormones and that leads to the behavior we observe during the breeding season. Fo r males, melatonin causes an in- crease in testosterone and that causes a major change in aggression, interest in females, and significant physiological changes.The aggressive nature of the males can be dangerous for hikers and bikers. Moose can be extremely dangerous. A hiker with a dog is in even more jeop- ardy.Moose see all canines as predators and will attack aggressively.Moose react to all dogs in the same way they would to a wolf, a major predator in the wild.They attempt to crush the canine with their hooves. CPW recommends that people follow these tips to stay safe around moose: ■Maintain a safe distance between you and the animal. ■Move slowly and not directly at them. Back off if they exhibit signs of aggression, such as the hair on their neck standing up, licking their snout, cocking their head, and rolling their eyes and ears back. ■Keep pets away and dogs on leash. ■If a moose displays aggressive be- havior or begins to charge, run as fast as you can and try to put a large object between you, such as a boulder, car, or tree, and the animal Closing trails may seem like a good option to avert problems with moose. That would be impossible because of the extensive range of moose in Colorado. During the rut, deer, elk, and moose have developed antlers and behavior to make themselves more visually ap- pealing to the females. Secretions from glands, soaking in their own urine, attacking bushes and trees also make them stand out for the female. Battles using their antlers are also common. Bull elk also bugle (a sound like a whis- tle) during these displays. Bighorn sheep rams will often snort loudly. When they challenge other males, they walk up beside them head to tail and kick the other animal.They then back up, face each other at 10 feet or more and charge hitting head-to- head at a speed of up to 35 miles per hour. Bighorn sheep may do this hun- dreds of times in an afternoon. Rocky mountain goats have threat displays but rarely fight.Puncture wounds are sometimes seen in males. Pronghorn males will often grunt and will protect their harems and terri- tories with pushing and head-to-head fighting matches. What is often interesting is to watch younger males of any of those species. They will roam the edges of another male’s territory waiting for their chance If you love wildlife, let large animals be during their annual fall mating season Bighorn rams oftencurlbacktheirupperlipand inhale deeply.Theair carriesthe ewespheromones to anorganinthe roof of the mouth,That providestheanimal withinformationabout the receptivity ofa female. RICK SPITZER/SPECIAL TO THE DAILY Bighorn rams willmate withnumerous ewes during therut. RICK SPITZER/SPECIAL TO THE DAILY Male pronghornhave horns,butthey areshed and regrown each year.They are thefastest land mammalinthe We sternHemisphere. RICK SPITZER/SPECIAL TO THE DAILY BREEDING,A8 Bullelk gatherherons of cows anddefendthemfromallother bulls.They dropthe antlers inthe springand grow newones each year. RICK SPITZER/SPECIAL TO THE DAILY RickSpitzerr Wildlife Roundtable ATTACHMENT B - Publication for Wildlife Education to mate with a female. While the bigger males are busy showing their dominance, the younger males often get a chance to mate. All these species communicate in three ways during the rut.They make all kinds of displays visually.They express themselves vocally and have scent-based communications. They produce secretions that contain pheromones and other compounds.These secretions are often rubbed on trees,twigs, and grass to communicate with other animals. Ungulates have as many as seven external scent glands. One of those glands is the preorbital gland in front of the eye, which expands dramatically during the rut. The rut requires a huge amount of energy on the part of the males. A lot of energy went into building the antlers ungulates have. Because this is in the fall, males may have used a lot of energy and body resources.They enter the winter and have a difficult time surviving. One of the difficulties for many species is that these an- imals have a summer range, and in the fall, they migrate to their winter range which is important for breeding and nutrition.In Eagle County,several of the corridors these animals use and the winter range itself is being blocked by fencing.Fe ncing along the interstate may have made a huge difference in reducing car-animal collisions, but the fencing may have created a population decline because the animals are unable to utilize all their historic range.Pe ople who have lived in the county for an extended time often comment on the fact that animals that were in an area are no longer seen. In several places in the county,large areas of summer and winter range may be totally removed from access by animals due to residential and commercial development. Because of that, these animals may suffer a decline in breeding success during the rut. Some people say wildlife will find other areas. Research has found that that is often not the case.Those animals die. Another problem during the rut is the impact of recre- ation.Hiking, biking,ATVing, snowmobiling, and a simple desire to view this display in nature bring people into areas that could impact the rut.Noise, dogs, and close encoun- ters will be distractions during the rut and will reduce breeding success. If the area, trail, or road is marked as a closure, do not enter. Duringtherut,thepreorbitalglandsinfrontofthe eye producesecretionsthat containpheromones.Ungulatesfre- quentlydepositthesesecretionsontrees,twigs,and grass. RICK SPITZER/SPECIAL TO THE DAILY Male mountaingoats,calledbillies,usuallylive aloneorwith oneor two othermalegoats.They jointhe females,called nannies,duringthefallrut.Billies keep theirhorns forlife. RICK SPITZER/SPECIAL TO THE DAILY BREEDING Frompage A2 BREEDING,A9 A8 |Saturday,October 15, 2022 |Va il Daily Rocky Mountain National Pa rk now clos- es several areas to all use during the elk rut. In the ’50s and ’60s, a trip to the east side of Rocky Mountain National Pa rk to view the rut was a quiet and exciting experience. Fe w people were there.It was like tailgat- ing.Lawn chairs, Coleman stoves, and a lot of food, including S’mores, were consumed while waiting for the elk herds to appear. Yo u could easily stop almost anywhere along the roadway to view and hear hun- dreds of elk in the herds that form.As time went on the number of people increased, visitors were approaching elk and disturb- ing the rut and placing themselves in dan- ger.Fr om Sept. 1 to Oct. 31, park officials put closures in place and prohibit travel on foot or horse off established roadways or designated trails from 5 p.m. to 10 a.m. Another increasing problem is the use of drones in these areas.The unfamiliar noise may cause the animals to flee, using additional energy.In many places, the use of drones is prohibited so that they do not interfere with wildlife. Fines and loss of the drone may be the penalty for their illegal use. Just like the issue with bears in trash cans, the behavior and choices people make are the problems.The bottom line is that, if we want to continue to enjoy wildlife, we must make choices that do not interfere with the natural cycles in this environment. As more people move to this area, building, zoning, and our choices for recreation must be done with consideration on what impact it will have on all wildlife. Wild animals are not able to vote or sign petitions.We can. Get involved! Rick Spitzer is a renowned wildlife photographer and longtime local who lives in Wildridge. The Eagle County Community Wildlife Roundtable is a collaborative partnership with the White River National Fo rest, Colorado Parks and Wildlife, Bureau of Land Management, local government entities, community members and citizen scientists. The purpose of the Eagle County Community Wildlife Roundtable is to gather a group of diverse stakeholders in the valley to understand and address issues facing wildlife populations. Bullmoose really bulk up before therut.They produce antlersthat canbe6 feetin lengthand weigh up to 40pounds. RICK SPITZER/SPECIAL TO THE DAILY Thehornsofabighornstay withtheani- mal forlife.They show the wearand tearof battle.This ramisperhapsinitsninth year. RICK SPITZER/SPECIAL TO THE DAILY Successduringtherutis vital to producing young to continuethespecies.They give birth inthespring whenitis warmer,thereislesssevere weather,andplantsare greeningup. RICK SPITZER/SPECIAL TO THE DAILY BREEDING Frompage A8 Va il Daily |Saturday,October 15, 2022 |A9 THIS WEEKEND Open HOUSE By Berkshire Hathaway HomeServices Colorado Properties ©2022 BHHS Affiliates, LLC. An independently owned and operated franchise of BHHS Affiliates, LLC. bhhscolorado.com 970.329.2482 EAST VAIL |$514,900 4073 Spruce Way No. 22 |1Bedroom |1Bath |644 sq.ft. Adam Bartlett, 970-401-2100 Open Saturday 11AM -1PM EAGLE |$839,000 315 Capitol Street |2Bedroom |2.5 Bath |2,532 sq. ft. Kira Taylor, 970-376-4779 Open Sunday 11AM -2PM SINGLETREE |$1,500,000 110 Charolais Circle |3Bedroom |2.5 Bath |2,120 sq.ft. Chuck Backstrom, 970-688-2302 |1-4PM Tiffany McCracken, 970-390-9818 |4-6PM Open Saturday 1-6PM ATTACHMENT B - Publication for Wildlife Education 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager RE: Ord 22-18 Purchasing 511 Metcalf Road, Unit G20 DATE: November 4, 2022 SUMMARY: Ordinance 22-18 Approving the Purchase of 511 Metcalf Road, Unit G20, Avon, Colorado is presented to Council as an “Emergency Ordinance” for approval on one reading. 511 Metcalf Road, Unit G20 (“Property”) is a 2 bedroom, 2 bathroom residential property. The acquisition is for the purpose of increasing the Town of Avon’s inventory of housing for Town employees. Adoption as an Emergency Ordinance is presented to meet the closing date set in the Purchase Contract. Ordinance 22-18 requires conducting a public hearing and adoption by the concurring vote of five Council members, and will take effect immediately upon adoption by Council. TERMS: The purchase price for Property is $535,000. The Purchase Contract is subject to conducting an appraisal which has been ordered. Staff and the Town Attorney are reviewing title documents and disclosures and the Town is conducting an inspection of the Property. The Property includes one vehicle space and storage in a shared garage space. The Seller has agreed to pay a $50,000 assessment to the Metcalf Lofts Home Owners Association for outdoor stucco repairs. The Closing date is November 30, 2022. The funds for acquisition are proposed to be appropriated from the Town’s General Fund unrestricted reserves. USE OF PROPERTY: The Town may use the Property as a rental or for sale subject to a price cap on appreciation and a right of the Town to repurchase the Property. I plan to discuss the Town’s needs with Department Directors and then propose to Council the best use of this Property. ORDINANCE PROCESS: Adoption of this Ordinance is presented as necessary for the immediate preservation of public health and safety under Section 6.6 of the Avon Home Rule Charter. It is the legislative discretion of Council to determine when to adopt an Ordinance for the immediate preservation of public health and safety. The usual ordinance adoption process states that the ordinance takes effective 30 days after final adoption, which is for the purpose of allowing the 30 day time period for citizens to file a petition for referendum if they choose. Ordinances which authorize the purchase of real estate are not subject to a citizen’s right of referendum. Section 6.6 of the Avon Home Rule Charter is reprinted as follows: Section 6.6 - Ordinances necessary to the immediate preservation of public health and safety (a) An ordinance which is declared therein to be necessary to the immediate preservation of the public health and safety may be enacted and finally adopted by one (1) reading at a regular or special meeting by the affirmative concurring vote of at least five (5) Council members provided that a public hearing is held and notice of such public hearing is published at least 24 hours prior to the public hearing. (b) No ordinance granting any special privilege, levying taxes, incurring indebtedness, authorizing borrowing money or fixing rates charged by any Town owned utility shall ever be passed as an ordinance necessary to the immediate preservation of public health and safety. Page 2 of 2 FUTURE REAL ESTATE PURCHASES: I would like to present to Council in the near future a process which authorizes the acquisition of real estate for Community Housing purposes with a timeframe that works better with typical residential purchase contracts. PROPOSED MOTION: “I move to approve Ordinance 22-18 Approving the Purchase of 511 Metcalf Road, Unit G20, Avon, Colorado” Thank you, Eric ATTACHMENT A: Ordinance 22-18 Approving the Purchase of 511 Metcalf Road, Unit G20 Ord 22-18 Purchase of 511 Metcalf Road, Unit G20, Avon November 8, 2022 Page 1 of 3 ORDINANCE NO. 22-18 APPROVING THE PURCHASE OF 511 METCALF ROAD, UNIT G20, AVON COLORADO WHEREAS, the Town of Avon (“Town”) is a home rule authority municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, the Town Council (“Council”) finds and determines that the availability of workforce housing is a crisis which is negatively impacting employers in the Avon community, including Town of Avon as an employer; and WHEREAS, Council finds that acquiring residential property for the purpose of increasing the Town’s inventory of housing for Town of Avon employees will promote the Town of Avon’s ability to recruit and retain employees for the provision of public services to the Avon community; and WHEREAS, Council finds that adoption of an Ordinance Approving the Purchase of 511 Metcalf Road, Unit G20, Avon, Colorado, is time sensitive; and WHEREAS, Avon Home Rule Charter, Section 6.6, authorizes adoption of an Ordinance on one reading by the concurring vote of five Council members which then takes effect immediately upon adoption; and WHEREAS, the Town Council conducted a public hearing on Tuesday, November 8, 2022 at the Avon Town Hall, after posting notice of such public hearing at least 24 hours in advance in accordance with Section 6.6 of the Avon Home Rule Charter; and WHEREAS, the Town Council finds and declares that adoption of this Ordinance is necessary for the immediate preservation of public health and safety for the Avon community because it will increase the inventory of employee housing for Town of Avon employees who provide essential public services to the Avon community; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: ATTACHMENT A: Ord 22-18 Ord 22-18 Purchase of 511 Metcalf Road, Unit G20, Avon November 8, 2022 Page 2 of 3 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. Approving Purchase of Real Estate. The Contract to Buy and Sell Real Estate (Residential) attached hereto as Exhibit A (“Purchase Contract”) is hereby approved. The Mayor, Town Clerk and Town Manager (and designees) are hereby authorized to execute all documents related to performance of the Purchase Contract and the closing and purchase of 511 Metcalf Road, Unit G20, Avon, Colorado, subject to review of such documents by the Town Attorney. 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 immediately upon adoption in accordance with Sections 6.4 and 6.6 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [SIGNATURE PAGE FOLLOWS] ATTACHMENT A: Ord 22-18 Ord 22-18 Purchase of 511 Metcalf Road, Unit G20, Avon November 8, 2022 Page 3 of 3 INTRODUCED AND ADOPTED by the Avon Town Council on November 8, 2022 by the concurring vote of five Council members after conducting a public hearing at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Karl Hanlon, Town Attorney ATTACHMENT A: Ord 22-18 Date: 10/25/2022 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (CBS1-6-21) (Mandatory 1-22) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) AGREEMENT 1. AGREEMENT. Buyer agrees to buy and Seller agrees to sell the Property described below on the terms and conditions set forth in this contract (Contract). 2. PARTIES AND PROPERTY. 2.1. Buyer. Town of Avon (Buyer) will take title to the Property described below as Joint Tenants Tenants In Common Other to be determined. 2.2. No Assignability. This Contract IS NOT assignable by Buyer unless otherwise specified in Additional Provisions. 2.3. Seller. Amy M. Greer and Brandon C. Greer (Seller) is the current owner of the Property described below. 2.4. Property. The Property is the following legally described real estate in the County of Eagle, Colorado (insert legal description): Subdivision: BARRANCAS - 2 CONDOMINIUM Unit: G20 known as: 511 Metcalf Road, Unit G20 Avon, CO 81620 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto and all interest of Seller in vacated streets and alleys adjacent thereto, except as herein excluded (Property). 2.5. Inclusions. The Purchase Price includes the following items (Inclusions): 2.5.1. Inclusions – Attached. If attached to the Property on the date of this Contract, the following items are included unless excluded under Exclusions: lighting, heating, plumbing, ventilating and air conditioning units, TV antennas, inside telephone, network and coaxial (cable) wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories) and garage door openers (including 1 remote controls). If checked, the following are owned by the Seller and included: Solar Panels Water Softeners Security Systems Satellite Systems (including satellite dishes). Leased items should be listed under § 2.5.7. (Leased Items). If any additional items are attached to the Property after the date of this Contract, such additional items are also included in the Purchase Price. 2.5.2. Inclusions – Not Attached. If on the Property, whether attached or not, on the date of this Contract, the following items are included unless excluded under Exclusions: storm windows, storm doors, window and porch shades, awnings, blinds, screens, window coverings and treatments, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, carbon monoxide alarms, smoke/fire detectors and all keys. 2.5.3. Other Inclusions. The following items, whether fixtures or personal property, are also included in the Purchase Price: All appliances currently in the Property including but not limited to: refrigerator/freezer, stove/oven, dishwasher, washer/dryer, all attached wall sconces, chandeliers, and all CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 1 of 23 10/26/2022 10:38:50 AM Seller(s) Initials: CTMeContracts.com - ©2022 CTM Software Corp. EXHIBIT A: Purchase Contract Monday Friday Monday Friday Friday bathroom mirrors, built-in storage cabinets and shelves. If the box is checked, Buyer and Seller have concurrently entered into a separate agreement for additional personal property outside of this Contract. 2.5.4. Encumbered Inclusions. Any Inclusions owned by Seller (e.g., owned solar panels) must be conveyed at Closing by Seller free and clear of all taxes (except personal property and general real estate taxes for the year of Closing), liens and encumbrances, except: 2.5.5. Personal Property Conveyance. Conveyance of all personal property will be by bill of sale or other applicable legal instrument. 2.5.6. Parking and Storage Facilities. The use or ownership of the following parking facilities: 1-Car Garage; and the use or ownership of the following storage facilities: Certain storage within the garage, allocated for the unit per the HOA Note to Buyer: If exact rights to the parking and storage facilities is a concern to Buyer, Buyer should investigate. 2.5.7. Leased Items. The following personal property is currently leased to Seller which will be transferred to Buyer at Closing (Leased Items): 2.6. Exclusions. The following items are excluded (Exclusions): 2.7. Water Rights/Well Rights. 2.7.1. Deeded Water Rights. The following legally described water rights: Any deeded water rights will be conveyed by a good and sufficient deed at Closing. 2.7.2. Other Rights Relating to Water. The following rights relating to water not included in §§ 2.7.1., 2.7.3. and 2.7.4., will be transferred to Buyer at Closing: 2.7.3. Well Rights. Seller agrees to supply required information to Buyer about the well. Buyer understands that if the well to be transferred is a “Small Capacity Well” or a “Domestic Exempt Water Well” used for ordinary household purposes, Buyer must, prior to or at Closing, complete a Change in Ownership form for the well. If an existing well has not been registered with the Colorado Division of Water Resources in the Department of Natural Resources (Division), Buyer must complete a registration of existing well form for the well and pay the cost of registration. If no person will be providing a closing service in connection with the transaction, Buyer must file the form with the Division within sixty days after Closing. The Well Permit # is . 2.7.4. Water Stock Certificates. The water stock certificates to be transferred at Closing are as follows: 2.7.5. Conveyance. If Buyer is to receive any rights to water pursuant to § 2.7.2. (Other Rights Relating to Water), § 2.7.3. (Well Rights), or § 2.7.4. (Water Stock Certificates), Seller agrees to convey such rights to Buyer by executing the applicable legal instrument at Closing. 2.7.6. Water Rights Review. Buyer Does Does Not have a Right to Terminate if examination of the Water Rights is unsatisfactory to Buyer on or before the Water Rights Examination Deadline. 3. DATES, DEADLINES AND APPLICABILITY. 3.1. Dates and Deadlines. Item No.Reference Event Date or Deadline 1 § 3 Time of Day Deadline 2 § 4 Alternative Earnest Money Deadline MEC + 5 business days Title 3 § 8 Record Title Deadline (and Tax Certificate)10/31/2022 4 § 8 Record Title Objection Deadline 11/11/2022 5 § 8 Off-Record Title Deadline 10/31/2022 6 § 8 Off-Record Title Objection Deadline 11/11/2022 7 § 8 Title Resolution Deadline 11/18/2022 CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 2 of 23 10/26/2022 10:38:50 AM Seller(s) Initials: CTMeContracts.com - ©2022 CTM Software Corp. EXHIBIT A: Purchase Contract Monday Friday Monday Friday Tuesday Thursday Friday Friday Friday Friday Wednesday Wednesday 8 § 8 Third Party Right to Purchase/Approve Deadline n/a Owners' Association 9 § 7 Association Documents Deadline 10/31/2022 10 § 7 Association Documents Termination Deadline 11/18/2022 Seller's Disclosures 11 § 10 Seller’s Property Disclosure Deadline 10/31/2022 12 § 10 Lead-Based Paint Disclosure Deadline n/a Loan and Credit 13 § 5 New Loan Application Deadline n/a 14 § 5 New Loan Terms Deadline n/a 15 § 5 New Loan Availability Deadline n/a 16 § 5 Buyer’s Credit Information Deadline n/a 17 § 5 Disapproval of Buyer’s Credit Information Deadline n/a 18 § 5 Existing Loan Deadline n/a 19 § 5 Existing Loan Termination Deadline n/a 20 § 5 Loan Transfer Approval Deadline n/a 21 § 4 Seller or Private Financing Deadline n/a Appraisal 22 § 6 Appraisal Deadline 11/18/2022 23 § 6 Appraisal Objection Deadline 11/22/2022 24 § 6 Appraisal Resolution Deadline 11/24/2022 Survey 25 § 9 New ILC or New Survey Deadline n/a 26 § 9 New ILC or New Survey Objection Deadline n/a 27 § 9 New ILC or New Survey Resolution Deadline n/a Inspection and Due diligence 28 § 2 Water Rights Examination Deadline n/a 29 § 8 Mineral Rights Examination Deadline n/a 30 § 10 Inspection Termination Deadline 11/11/2022 31 § 10 Inspection Objection Deadline 11/11/2022 32 § 10 Inspection Resolution Deadline 11/18/2022 33 § 10 Property Insurance Termination Deadline 11/11/2022 34 § 10 Due Diligence Documents Delivery Deadline n/a 35 § 10 Due Diligence Documents Objection Deadline n/a 36 § 10 Due Diligence Documents Resolution Deadline n/a 37 § 10 Conditional Sale Deadline n/a 38 § 10 Lead-Based Paint Termination Deadline n/a Closing and Possession 39 § 12 Closing Date 11/30/2022 40 § 17 Possession Date 11/30/2022 CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 3 of 23 10/26/2022 10:38:50 AM Seller(s) Initials: CTMeContracts.com - ©2022 CTM Software Corp. EXHIBIT A: Purchase Contract Wednesday Friday 535,000.00 16,500.00 518,500.00 535,000.00 535,000.00 41 § 17 Possession Time upon closing & funding 42 § 27 Acceptance Deadline Date 10/26/2022 43 § 27 Acceptance Deadline Time 5 PM Mountain Time 44 Square Footage Disclosure 11/11/2022 45 Note: If FHA or VA loan boxes are checked in § 4.5.3. (Loan Limitations), the Appraisal deadlines DO NOT apply to FHA insured or VA guaranteed loans. 3.2. Applicability of Terms. If any deadline blank in § 3.1. (Dates and Deadlines) is left blank or completed with “N/A”, or the word “Deleted,” such deadline is not applicable and the corresponding provision containing the deadline is deleted. Any box checked in this Contract means the corresponding provision applies. If no box is checked in a provision that contains a selection of “None”, such provision means that “None” applies. The abbreviation “MEC” (mutual execution of this Contract) means the date upon which both parties have signed this Contract. The abbreviation “N/A” as used in this Contract means not applicable. 3.3. Day; Computation of Period of Days; Deadlines. 3.3.1. Day. As used in this Contract, the term “day” means the entire day ending at 11:59 p.m., United States Mountain Time (Standard or Daylight Savings, as applicable). Except however, if a Time of Day Deadline is specified in § 3.1. (Dates and Deadlines), all Objection Deadlines, Resolution Deadlines, Examination Deadlines and Termination Deadlines will end on the specified deadline date at the time of day specified in the Time of Day Deadline, United States Mountain Time. If Time of Day Deadline is left blank or “N/A” the deadlines will expire at 11:59 p.m., United States Mountain Time. 3.3.2. Computation of Period of Days. In computing a period of days (e.g., three days after MEC), when the ending date is not specified, the first day is excluded and the last day is included. 3.3.3. Deadlines. If any deadline falls on a Saturday, Sunday or federal or Colorado state holiday (Holiday), such deadline Will Will Not be extended to the next day that is not a Saturday, Sunday or Holiday. Should neither box be checked, the deadline will not be extended. 4. PURCHASE PRICE AND TERMS. 4.1. Price and Terms. The Purchase Price set forth below is payable in U.S. Dollars by Buyer as follows: Item No.Reference Item Amount Amount 1 § 4.1.Purchase Price $ 2 § 4.3.Earnest Money $ 3 § 4.5.New Loan $ 4 § 4.6.Assumption Balance $ 5 § 4.7.Private Financing $ 6 § 4.7.Seller Financing $ 7 $ 8 $ 9 § 4.4.Cash at Closing $ 10 Total $$ 4.2. Seller Concession. At Closing, Seller will credit to Buyer $0 (Seller Concession). The Seller Concession may be used for any Buyer fee, cost, charge or expenditure to the extent the amount is allowed by the Buyer’s lender and is included in the Closing Statement or Closing Disclosure at Closing. Examples of allowable items to be paid for by the Seller Concession include, but are not limited to: Buyer’s closing costs, CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 4 of 23 10/26/2022 10:38:50 AM Seller(s) Initials: CTMeContracts.com - ©2022 CTM Software Corp. EXHIBIT A: Purchase Contract loan discount points, loan origination fees, prepaid items and any other fee, cost, charge, expense or expenditure. Seller Concession is in addition to any sum Seller has agreed to pay or credit Buyer elsewhere in this Contract. 4.3. Earnest Money. The Earnest Money set forth in this Section, in the form of a Good Funds, will be payable to and held by Land Title (Earnest Money Holder), in its trust account, on behalf of both Seller and Buyer. The Earnest Money deposit must be tendered, by Buyer, with this Contract unless the parties mutually agree to an Alternative Earnest Money Deadline for its payment. The parties authorize delivery of the Earnest Money deposit to the company conducting the Closing (Closing Company), if any, at or before Closing. In the event Earnest Money Holder has agreed to have interest on Earnest Money deposits transferred to a fund established for the purpose of providing affordable housing to Colorado residents, Seller and Buyer acknowledge and agree that any interest accruing on the Earnest Money deposited with the Earnest Money Holder in this transaction will be transferred to such fund. 4.3.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than at the time of tender of this Contract, is as set forth as the Alternative Earnest Money Deadline. 4.3.2. Disposition of Earnest Money. If Buyer has a Right to Terminate and timely terminates, Buyer is entitled to the return of Earnest Money as provided in this Contract. If this Contract is terminated as set forth in § 24 and, except as provided in § 23 (Earnest Money Dispute), if the Earnest Money has not already been returned following receipt of a Notice to Terminate, Seller agrees to execute and return to Buyer or Broker working with Buyer, written mutual instructions (e.g., Earnest Money Release form), within three days of Seller’s receipt of such form. If Seller is entitled to the Earnest Money, and, except as provided in § 23 (Earnest Money Dispute), if the Earnest Money has not already been paid to Seller, following receipt of an Earnest Money Release form, Buyer agrees to execute and return to Seller or Broker working with Seller, written mutual instructions (e.g., Earnest Money Release form), within three days of Buyer’s receipt. 4.3.2.1. Seller Failure to Timely Return Earnest Money. If Seller fails to timely execute and return the Earnest Money Release Form, or other written mutual instructions, Seller is in default and liable to Buyer as set forth in “If Seller is in Default”, § 20.2. and § 21, unless Seller is entitled to the Earnest Money due to a Buyer default. 4.3.2.2. Buyer Failure to Timely Release Earnest Money. If Buyer fails to timely execute and return the Earnest Money Release Form, or other written mutual instructions, Buyer is in default and liable to Seller as set forth in “If Buyer is in Default, § 20.1. and § 21, unless Buyer is entitled to the Earnest Money due to a Seller Default. 4.4. Form of Funds; Time of Payment; Available Funds. 4.4.1. Good Funds. All amounts payable by the parties at Closing, including any loan proceeds, Cash at Closing and closing costs, must be in funds that comply with all applicable Colorado laws, including electronic transfer funds, certified check, savings and loan teller’s check and cashier’s check (Good Funds). 4.4.2. Time of Payment. All funds, including the Purchase Price to be paid by Buyer, must be paid before or at Closing or as otherwise agreed in writing between the parties to allow disbursement by Closing Company at Closing OR SUCH NONPAYING PARTY WILL BE IN DEFAULT. 4.4.3. Available Funds. Buyer represents that Buyer, as of the date of this Contract, Does Does Not have funds that are immediately verifiable and available in an amount not less than the amount stated as Cash at Closing in § 4.1. 4.5. New Loan. (Omitted as inapplicable) 4.6. Assumption. (Omitted as inapplicable) 4.7. Seller or Private Financing. (Omitted as inapplicable) TRANSACTION PROVISIONS 5. FINANCING CONDITIONS AND OBLIGATIONS. (Omitted as inapplicable) 5.3. Credit Information. (Omitted as inapplicable) CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 5 of 23 10/26/2022 10:38:50 AM Seller(s) Initials: CTMeContracts.com - ©2022 CTM Software Corp. EXHIBIT A: Purchase Contract 5.4. Existing Loan Review. (Omitted as inapplicable) 6. APPRAISAL PROVISIONS. 6.1. Appraisal Definition. An “Appraisal” is an opinion of value prepared by a licensed or certified appraiser, engaged on behalf of Buyer or Buyer’s lender, to determine the Property’s market value (Appraised Value). The Appraisal may also set forth certain lender requirements, replacements, removals or repairs necessary on or to the Property as a condition for the Property to be valued at the Appraised Value. 6.2. Appraised Value. The applicable appraisal provision set forth below applies to the respective loan type set forth in § 4.5.3., or if a cash transaction (i.e., no financing), § 6.2.1. applies. 6.2.1. Conventional/Other. Buyer has the right to obtain an Appraisal. If the Appraised Value is less than the Purchase Price, or if the Appraisal is not received by Buyer on or before Appraisal Deadline Buyer may, on or before Appraisal Objection Deadline: 6.2.1.1. Notice to Terminate. Notify Seller in writing, pursuant to § 24.1., that this Contract is terminated; or 6.2.1.2. Appraisal Objection. Deliver to Seller a written objection accompanied by either a copy of the Appraisal or written notice from lender that confirms the Appraised Value is less than the Purchase Price (Lender Verification). 6.2.1.3. Appraisal Resolution. If an Appraisal Objection is received by Seller, on or before Appraisal Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Appraisal Resolution Deadline, this Contract will terminate on the Appraisal Resolution Deadline, unless Seller receives Buyer’s written withdrawal of the Appraisal Objection before such termination, (i.e., on or before expiration of Appraisal Resolution Deadline). 6.2.2. FHA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the purchaser (Buyer) shall not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of Earnest Money deposits or otherwise unless the purchaser (Buyer) has been given, in accordance with HUD/FHA or VA requirements, a written statement issued by the Federal Housing Commissioner, Department of Veterans Affairs, or a Direct Endorsement lender, setting forth the appraised value of the Property of not less than $. The purchaser (Buyer) shall have the privilege and option of proceeding with the consummation of this Contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property. The purchaser (Buyer) should satisfy himself/herself/themselves that the price and condition of the Property are acceptable. 6.2.3. VA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the purchaser (Buyer) shall not incur any penalty by forfeiture of Earnest Money or otherwise or be obligated to complete the purchase of the Property described herein, if the Contract Purchase Price or cost exceeds the reasonable value of the Property established by the Department of Veterans Affairs. The purchaser (Buyer) shall, however, have the privilege and option of proceeding with the consummation of this Contract without regard to the amount of the reasonable value established by the Department of Veterans Affairs. 6.3. Lender Property Requirements. If the lender imposes any written requirements, replacements, removals or repairs, including any specified in the Appraisal (Lender Property Requirements) to be made to the Property (e.g., roof repair, repainting), beyond those matters already agreed to by Seller in this Contract, this Contract terminates on the earlier of three days following Seller’s receipt of the Lender Property Requirements, or Closing, unless prior to termination: (1) the parties enter into a written agreement to satisfy the Lender Property Requirements; (2) the Lender Property Requirements have been completed; or (3) the satisfaction of the Lender Property Requirements is waived in writing by Buyer. 6.4. Cost of Appraisal. Cost of the Appraisal to be obtained after the date of this Contract must be timely paid by Buyer Seller. The cost of the Appraisal may include any and all fees paid to the appraiser, appraisal management company, lender’s agent or all three. 7. OWNERS’ ASSOCIATIONS. This Section is applicable if the Property is located within one or more Common Interest Communities and subject to one or more declarations (Association). CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 6 of 23 10/26/2022 10:38:50 AM Seller(s) Initials: CTMeContracts.com - ©2022 CTM Software Corp. EXHIBIT A: Purchase Contract 7.1. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR THE COMMUNITY. THE OWNER OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNERS’ ASSOCIATION FOR THE COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. THE DECLARATION, BYLAWS AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION, BYLAWS AND RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. 7.2. Association Documents to Buyer. Seller is obligated to provide to Buyer the Association Documents (defined below), at Seller’s expense, on or before Association Documents Deadline. Seller authorizes the Association to provide the Association Documents to Buyer, at Seller’s expense. Seller’s obligation to provide the Association Documents is fulfilled upon Buyer’s receipt of the Association Documents, regardless of who provides such documents. 7.3. Association Documents. Association documents (Association Documents) consist of the following: 7.3.1. All Association declarations, articles of incorporation, bylaws, articles of organization, operating agreements, rules and regulations, party wall agreements and the Association’s responsible governance policies adopted under § 38-33.3-209.5, C.R.S.; 7.3.2. Minutes of: (1) the annual owners’ or members’ meeting and (2) any executive boards’ or managers’ meetings; such minutes include those provided under the most current annual disclosure required under § 38-33.3-209.4, C.R.S. (Annual Disclosure) and minutes of meetings, if any, subsequent to the minutes disclosed in the Annual Disclosure. If none of the preceding minutes exist, then the most recent minutes, if any (§§ 7.3.1. and 7.3.2., collectively, Governing Documents); and 7.3.3. List of all Association insurance policies as provided in the Association’s last Annual Disclosure, including, but not limited to, property, general liability, association director and officer professional liability and fidelity policies. The list must include the company names, policy limits, policy deductibles, additional named insureds and expiration dates of the policies listed (Association Insurance Documents); 7.3.4. A list by unit type of the Association’s assessments, including both regular and special assessments as disclosed in the Association’s last Annual Disclosure; 7.3.5. The Association’s most recent financial documents which consist of: (1) the Association’s operating budget for the current fiscal year, (2) the Association’s most recent annual financial statements, including any amounts held in reserve for the fiscal year immediately preceding the Association’s last Annual Disclosure, (3) the results of the Association’s most recent available financial audit or review, (4) list of the fees and charges (regardless of name or title of such fees or charges) that the Association’s community association manager or Association will charge in connection with the Closing including, but not limited to, any fee incident to the issuance of the Association’s statement of assessments (Status Letter), any rush or update fee charged for the Status Letter, any record change fee or ownership record transfer fees (Record Change Fee), fees to access documents, (5) list of all assessments required to be paid in advance, reserves or working capital due at Closing and (6) reserve study, if any (§§ 7.3.4. and 7.3.5., collectively, Financial Documents); 7.3.6. Any written notice from the Association to Seller of a “construction defect action” under § 38-33.3-303.5, C.R.S. within the past six months and the result of whether the Association approved or disapproved such action (Construction Defect Documents). Nothing in this Section limits the Seller’s obligation to disclose adverse material facts as required under § 10.2. (Disclosure of Adverse Material Facts; CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 7 of 23 10/26/2022 10:38:50 AM Seller(s) Initials: CTMeContracts.com - ©2022 CTM Software Corp. EXHIBIT A: Purchase Contract Subsequent Disclosure; Present Condition) including any problems or defects in the common elements or limited common elements of the Association property. 7.4. Conditional on Buyer’s Review. Buyer has the right to review the Association Documents. Buyer has the Right to Terminate under § 24.1., on or before Association Documents Termination Deadline, based on any unsatisfactory provision in any of the Association Documents, in Buyer’s sole subjective discretion. Should Buyer receive the Association Documents after Association Documents Deadline, Buyer, at Buyer’s option, has the Right to Terminate under § 24.1. by Buyer’s Notice to Terminate received by Seller on or before ten days after Buyer’s receipt of the Association Documents. If Buyer does not receive the Association Documents, or if Buyer’s Notice to Terminate would otherwise be required to be received by Seller after Closing Date, Buyer’s Notice to Terminate must be received by Seller on or before Closing. If Seller does not receive Buyer’s Notice to Terminate within such time, Buyer accepts the provisions of the Association Documents as satisfactory and Buyer waives any Right to Terminate under this provision, notwithstanding the provisions of § 8.6. (Third Party Right to Purchase/Approve). 8. TITLE INSURANCE, RECORD TITLE AND OFF-RECORD TITLE. 8.1. Evidence of Record Title. 8.1.1. Seller Selects Title Insurance Company. If this box is checked, Seller will select the title insurance company to furnish the owner’s title insurance policy at Seller’s expense. On or before Record Title Deadline, Seller must furnish to Buyer, a current commitment for an owner’s title insurance policy (Title Commitment), in an amount equal to the Purchase Price, or if this box is checked, an Abstract of Title certified to a current date. Seller will cause the title insurance policy to be issued and delivered to Buyer as soon as practicable at or after Closing. 8.1.2. Buyer Selects Title Insurance Company. If this box is checked, Buyer will select the title insurance company to furnish the owner’s title insurance policy at Buyer’s expense. On or before Record Title Deadline, Buyer must furnish to Seller, a current commitment for owner’s title insurance policy (Title Commitment), in an amount equal to the Purchase Price. If neither box in § 8.1.1. or § 8.1.2. is checked, § 8.1.1. applies. 8.1.3. Owner’s Extended Coverage (OEC). The Title Commitment Will Will Not contain Owner’s Extended Coverage (OEC). If the Title Commitment is to contain OEC, it will commit to delete or insure over the standard exceptions which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4) unrecorded mechanics’ liens, (5) gap period (period between the effective date and time of commitment to the date and time the deed is recorded) and (6) unpaid taxes, assessments and unredeemed tax sales prior to the year of Closing. Any additional premium expense to obtain OEC will be paid by Buyer Seller One-Half by Buyer and One-Half by Seller Other . Regardless of whether the Contract requires OEC, the Title Insurance Commitment may not provide OEC or delete or insure over any or all of the standard exceptions for OEC. The Title Insurance Company may require a New Survey or New ILC, defined below, among other requirements for OEC. If the Title Insurance Commitment is not satisfactory to Buyer, Buyer has a right to object under § 8.7. (Right to Object to Title, Resolution). 8.1.4. Title Documents. Title Documents consist of the following: (1) copies of any plats, declarations, covenants, conditions and restrictions burdening the Property and (2) copies of any other documents (or, if illegible, summaries of such documents) listed in the schedule of exceptions (Exceptions) in the Title Commitment furnished to Buyer (collectively, Title Documents). 8.1.5. Copies of Title Documents. Buyer must receive, on or before Record Title Deadline, copies of all Title Documents. This requirement pertains only to documents as shown of record in the office of the clerk and recorder in the county where the Property is located. The cost of furnishing copies of the documents required in this Section will be at the expense of the party or parties obligated to pay for the owner’s title insurance policy. 8.1.6. Existing Abstracts of Title. Seller must deliver to Buyer copies of any abstracts of title covering all or any portion of the Property (Abstract of Title) in Seller’s possession on or before Record Title Deadline. 8.2. Record Title. Buyer has the right to review and object to the Abstract of Title or Title Commitment CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 8 of 23 10/26/2022 10:38:50 AM Seller(s) Initials: CTMeContracts.com - ©2022 CTM Software Corp. EXHIBIT A: Purchase Contract and any of the Title Documents as set forth in § 8.7. (Right to Object to Title, Resolution) on or before Record Title Objection Deadline. Buyer’s objection may be based on any unsatisfactory form or content of Title Commitment or Abstract of Title, notwithstanding § 13, or any other unsatisfactory title condition, in Buyer’s sole subjective discretion. If the Abstract of Title, Title Commitment or Title Documents are not received by Buyer on or before the Record Title Deadline, or if there is an endorsement to the Title Commitment that adds a new Exception to title, a copy of the new Exception to title and the modified Title Commitment will be delivered to Buyer. Buyer has until the earlier of Closing or ten days after receipt of such documents by Buyer to review and object to: (1) any required Title Document not timely received by Buyer, (2) any change to the Abstract of Title, Title Commitment or Title Documents, or (3) any endorsement to the Title Commitment. If Seller receives Buyer’s Notice to Terminate or Notice of Title Objection, pursuant to this § 8.2. (Record Title), any title objection by Buyer is governed by the provisions set forth in § 8.7. (Right to Object to Title, Resolution). If Seller has fulfilled all Seller’s obligations, if any, to deliver to Buyer all documents required by § 8.1. (Evidence of Record Title) and Seller does not receive Buyer’s Notice to Terminate or Notice of Title Objection by the applicable deadline specified above, Buyer accepts the condition of title as disclosed by the Abstract of Title, Title Commitment and Title Documents as satisfactory. 8.3. Off-Record Title. Seller must deliver to Buyer, on or before Off-Record Title Deadline, true copies of all existing surveys in Seller’s possession pertaining to the Property and must disclose to Buyer all easements, liens (including, without limitation, governmental improvements approved, but not yet installed) or other title matters not shown by public records, of which Seller has actual knowledge (Off-Record Matters). This Section excludes any New ILC or New Survey governed under § 9 (New ILC, New Survey). Buyer has the right to inspect the Property to investigate if any third party has any right in the Property not shown by public records (e.g., unrecorded easement, boundary line discrepancy or water rights). Buyer’s Notice to Terminate or Notice of Title Objection of any unsatisfactory condition (whether disclosed by Seller or revealed by such inspection, notwithstanding § 8.2. (Record Title) and § 13 (Transfer of Title), in Buyer’s sole subjective discretion, must be received by Seller on or before Off-Record Title Objection Deadline. If an Off-Record Matter is received by Buyer after the Off-Record Title Deadline, Buyer has until the earlier of Closing or ten days after receipt by Buyer to review and object to such Off-Record Matter. If Seller receives Buyer’s Notice to Terminate or Notice of Title Objection pursuant to this § 8.3. (Off-Record Title), any title objection by Buyer is governed by the provisions set forth in § 8.7. (Right to Object to Title, Resolution). If Seller does not receive Buyer’s Notice to Terminate or Notice of Title Objection by the applicable deadline specified above, Buyer accepts title subject to such Off-Record Matters and rights, if any, of third parties not shown by public records of which Buyer has actual knowledge. 8.4. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY AND BY OBTAINING FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. 8.5. Tax Certificate. A tax certificate paid for by Seller Buyer, for the Property listing any special taxing districts that affect the Property (Tax Certificate) must be delivered to Buyer on or before Record Title Deadline. If the Property is located within a special taxing district and such inclusion is unsatisfactory to Buyer, in Buyer’s sole subjective discretion, Buyer may terminate, on or before Record Title Objection Deadline. Should Buyer receive the Tax Certificate after Record Title Deadline, Buyer, at Buyer’s option, has the Right to Terminate under § 24.1. by Buyer’s Notice to Terminate received by Seller on or before ten days after Buyer’s receipt of the Tax Certificate. If Buyer does not receive the Tax Certificate, or if Buyer’s Notice to Terminate would otherwise be required to be received by Seller after Closing Date, Buyer’s Notice to Terminate must be received by Seller on or before Closing. If Seller does not receive Buyer’s Notice to Terminate within such time, Buyer accepts the provisions of the Tax Certificate and the inclusion of the CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 9 of 23 10/26/2022 10:38:50 AM Seller(s) Initials: CTMeContracts.com - ©2022 CTM Software Corp. EXHIBIT A: Purchase Contract Property in a special taxing district, if applicable, as satisfactory and Buyer waives any Right to Terminate under this provision. If Buyer’s loan specified in §4.5.3. (Loan Limitations) prohibits Buyer from paying for the Tax Certificate, the Tax Certificate will be paid for by Seller. 8.6. Third Party Right to Purchase/Approve. If any third party has a right to purchase the Property (e.g., right of first refusal on the Property, right to purchase the Property under a lease or an option held by a third party to purchase the Property) or a right of a third party to approve this Contract, Seller must promptly submit this Contract according to the terms and conditions of such right. If the third-party holder of such right exercises its right this Contract will terminate. If the third party’s right to purchase is waived explicitly or expires, or the Contract is approved, this Contract will remain in full force and effect. Seller must promptly notify Buyer in writing of the foregoing. If the third party right to purchase is exercised or approval of this Contract has not occurred on or before Third Party Right to Purchase/Approve Deadline, this Contract will then terminate. Seller will supply to Buyer, in writing, details of any Third Party Right to Purchase the Property on or before the Record Title Deadline. 8.7. Right to Object to Title, Resolution. Buyer has a right to object or terminate, in Buyer’s sole subjective discretion, based on any title matters including those matters set forth in § 8.2. (Record Title), § 8.3. (Off-Record Title), § 8.5. (Special Taxing District) and § 13 (Transfer of Title). If Buyer exercises Buyer’s rights to object or terminate based on any such title matter, on or before the applicable deadline, Buyer has the following options: 8.7.1. Title Objection, Resolution. If Seller receives Buyer’s written notice objecting to any title matter (Notice of Title Objection) on or before the applicable deadline and if Buyer and Seller have not agreed to a written settlement thereof on or before Title Resolution Deadline, this Contract will terminate on the expiration of Title Resolution Deadline, unless Seller receives Buyer’s written withdrawal of Buyer’s Notice of Title Objection (i.e., Buyer’s written notice to waive objection to such items and waives the Right to Terminate for that reason), on or before expiration of Title Resolution Deadline. If either the Record Title Deadline or the Off-Record Title Deadline, or both, are extended pursuant to § 8.2. (Record Title) or § 8.3. (Off-Record Title) the Title Resolution Deadline also will be automatically extended to the earlier of Closing or fifteen days after Buyer’s receipt of the applicable documents; or 8.7.2. Title Objection, Right to Terminate. Buyer may exercise the Right to Terminate under § 24.1., on or before the applicable deadline, based on any title matter unsatisfactory to Buyer, in Buyer’s sole subjective discretion. 8.8. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed carefully. Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property, including, without limitation, boundary lines and encroachments, set-back requirements, area, zoning, building code violations, unrecorded easements and claims of easements, leases and other unrecorded agreements, water on or under the Property and various laws and governmental regulations concerning land use, development and environmental matters. 8.8.1. OIL, GAS, WATER AND MINERAL DISCLOSURE. THE SURFACE ESTATE OF THE PROPERTY MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE AND TRANSFER OF THE SURFACE ESTATE MAY NOT NECESSARILY INCLUDE TRANSFER OF THE MINERAL ESTATE OR WATER RIGHTS. THIRD PARTIES MAY OWN OR LEASE INTERESTS IN OIL, GAS, OTHER MINERALS, GEOTHERMAL ENERGY OR WATER ON OR UNDER THE SURFACE OF THE PROPERTY, WHICH INTERESTS MAY GIVE THEM RIGHTS TO ENTER AND USE THE SURFACE OF THE PROPERTY TO ACCESS THE MINERAL ESTATE, OIL, GAS OR WATER. 8.8.2. SURFACE USE AGREEMENT. THE USE OF THE SURFACE ESTATE OF THE PROPERTY TO ACCESS THE OIL, GAS OR MINERALS MAY BE GOVERNED BY A SURFACE USE AGREEMENT, A MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND RECORDER. 8.8.3. OIL AND GAS ACTIVITY. OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT TO THE PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, PRODUCING WELLS, REWORKING OF CURRENT WELLS AND GAS GATHERING AND PROCESSING FACILITIES. CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 10 of 23 10/26/2022 10:38:50 AM Seller(s) Initials: CTMeContracts.com - ©2022 CTM Software Corp. EXHIBIT A: Purchase Contract 8.8.4. ADDITIONAL INFORMATION. BUYER IS ENCOURAGED TO SEEK ADDITIONAL INFORMATION REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THE PROPERTY, INCLUDING DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE COLORADO OIL AND GAS CONSERVATION COMMISSION. 8.8.5. Title Insurance Exclusions. Matters set forth in this Section and others, may be excepted, excluded from, or not covered by the owner’s title insurance policy. 8.9. Mineral Rights Review. Buyer Does Does Not have a Right to Terminate if examination of the Mineral Rights is unsatisfactory to Buyer on or before the Mineral Rights Examination Deadline. 9. NEW ILC, NEW SURVEY. 9.1. New ILC or New Survey. If the box is checked, (1) New Improvement Location Certificate (New ILC); or, (2) New Survey in the form of ; is required and the following will apply: 9.1.1. Ordering of New ILC or New Survey. Seller Buyer will order the New ILC or New Survey. The New ILC or New Survey may also be a previous ILC or survey that is in the above-required form, certified and updated as of a date after the date of this Contract. 9.1.2. Payment for New ILC or New Survey. The cost of the New ILC or New Survey will be paid, on or before Closing, by: Seller Buyer or: 9.1.3. Delivery of New ILC or New Survey. Buyer, Seller, the issuer of the Title Commitment (or the provider of the opinion of title if an Abstract of Title) and will receive a New ILC or New Survey on or before New ILC or New Survey Deadline. 9.1.4. Certification of New ILC or New Survey. The New ILC or New Survey will be certified by the surveyor to all those who are to receive the New ILC or New Survey. 9.2. Buyer’s Right to Waive or Change New ILC or New Survey Selection. Buyer may select a New ILC or New Survey different than initially specified in this Contract if there is no additional cost to Seller or change to the New ILC or New Survey Objection Deadline. Buyer may, in Buyer’s sole subjective discretion, waive a New ILC or New Survey if done prior to Seller incurring any cost for the same. 9.3. New ILC or New Survey Objection. Buyer has the right to review and object based on the New ILC or New Survey. If the New ILC or New Survey is not timely received by Buyer or is unsatisfactory to Buyer, in Buyer’s sole subjective discretion, Buyer may, on or before New ILC or New Survey Objection Deadline, notwithstanding § 8.3. or § 13: 9.3.1. Notice to Terminate. Notify Seller in writing, pursuant to § 24.1, that this Contract is terminated; or 9.3.2. New ILC or New Survey Objection. Deliver to Seller a written description of any matter that was to be shown or is shown in the New ILC or New Survey that is unsatisfactory and that Buyer requires Seller to correct. 9.3.3. New ILC or New Survey Resolution. If a New ILC or New Survey Objection is received by Seller, on or before New ILC or New Survey Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before New ILC or New Survey Resolution Deadline, this Contract will terminate on expiration of the New ILC or New Survey Resolution Deadline, unless Seller receives Buyer’s written withdrawal of the New ILC or New Survey Objection before such termination (i.e., on or before expiration of New ILC or New Survey Resolution Deadline). DISCLOSURE, INSPECTION AND DUE DILIGENCE 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, DUE DILIGENCE AND SOURCE OF WATER. 10.1. Seller’s Property Disclosure. On or before Seller’s Property Disclosure Deadline , Seller agrees to deliver to Buyer the most current version of the applicable Colorado Real Estate Commission’s Seller’s Property Disclosure form completed by Seller to Seller’s actual knowledge and current as of the date of this Contract. CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 11 of 23 10/26/2022 10:38:50 AM Seller(s) Initials: CTMeContracts.com - ©2022 CTM Software Corp. EXHIBIT A: Purchase Contract 10.2. Disclosure of Adverse Material Facts; Subsequent Disclosure; Present Condition. Seller must disclose to Buyer any adverse material facts actually known by Seller as of the date of this Contract. Seller agrees that disclosure of adverse material facts will be in writing. In the event Seller discovers an adverse material fact after the date of this Contract, Seller must timely disclose such adverse fact to Buyer. Buyer has the Right to Terminate based on the Seller’s new disclosure on the earlier of Closing or five days after Buyer’s receipt of the new disclosure. Except as otherwise provided in this Contract, Buyer acknowledges that Seller is conveying the Property to Buyer in an “As Is” condition, “Where Is” and “With All Faults.” 10.3. Inspection. Unless otherwise provided in this Contract, Buyer, acting in good faith, has the right to have inspections (by one or more third parties, personally or both) of the Property, Leased Items, and Inclusions (Inspection), at Buyer’s expense. If (1) the physical condition of the Property, including, but not limited to, the roof, walls, structural integrity of the Property, the electrical, plumbing, HVAC and other mechanical systems of the Property, (2) the physical condition of the Inclusions and Leased Items, (3) service to the Property (including utilities and communication services), systems and components of the Property (e.g., heating and plumbing), (4) any proposed or existing transportation project, road, street or highway, or (5) any other activity, odor or noise (whether on or off the Property) and its effect or expected effect on the Property or its occupants is unsatisfactory, in Buyer’s sole subjective discretion, Buyer may: 10.3.1. Inspection Termination. On or before the Inspection Termination Deadline, notify Seller in writing, pursuant to § 24.1., that this Contract is terminated due to any unsatisfactory condition, provided the Buyer did not previously deliver an Inspection Objection. Buyer’s Right to Terminate under this provision expires upon delivery of an Inspection Objection to Seller pursuant to § 10.3.2.; or 10.3.2. Inspection Objection. On or before the Inspection Objection Deadline, deliver to Seller a written description of any unsatisfactory condition that Buyer requires Seller to correct. 10.3.3. Inspection Resolution. If an Inspection Objection is received by Seller, on or before Inspection Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Inspection Resolution Deadline, this Contract will terminate on Inspection Resolution Deadline unless Seller receives Buyer’s written withdrawal of the Inspection Objection before such termination (i.e., on or before expiration of Inspection Resolution Deadline). Nothing in this provision prohibits the Buyer and the Seller from mutually terminating this Contract before the Inspection Resolution Deadline passes by executing an Earnest Money Release. 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract or other written agreement between the parties, is responsible for payment for all inspections, tests, surveys, engineering reports, or other reports performed at Buyer’s request (Work) and must pay for any damage that occurs to the Property and Inclusions as a result of such Work. Buyer must not permit claims or liens of any kind against the Property for Work performed on the Property. Buyer agrees to indemnify, protect and hold Seller harmless from and against any liability, damage, cost or expense incurred by Seller and caused by any such Work, claim, or lien. This indemnity includes Seller’s right to recover all costs and expenses incurred by Seller to defend against any such liability, damage, cost or expense, or to enforce this Section, including Seller’s reasonable attorney fees, legal fees and expenses. The provisions of this Section survive the termination of this Contract. This § 10.4. does not apply to items performed pursuant to an Inspection Resolution. 10.5. Insurability. Buyer has the Right to Terminate under § 24.1., on or before Property Insurance Termination Deadline, based on any unsatisfactory provision of the availability, terms and conditions and premium for property insurance (Property Insurance) on the Property, in Buyer’s sole subjective discretion. 10.6. Due Diligence. 10.6.1. Due Diligence Documents. Seller agrees to deliver copies of the following documents and information pertaining to the Property and Leased Items (Due Diligence Documents) to Buyer on or before Due Diligence Documents Delivery Deadline: 10.6.1.1. Occupancy Agreements. All current leases, including any amendments or other occupancy agreements, pertaining to the Property. Those leases or other occupancy agreements pertaining to the Property that survive Closing are as follows (Leases): 10.6.1.2. Leased Items Documents. If any lease of personal property (§ 2.5.7., Leased CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 12 of 23 10/26/2022 10:38:50 AM Seller(s) Initials: CTMeContracts.com - ©2022 CTM Software Corp. EXHIBIT A: Purchase Contract Items) will be transferred to Buyer at Closing, Seller agrees to deliver copies of the leases and information pertaining to the personal property to Buyer on or before Due Diligence Documents Delivery Deadline. Buyer Will Will Not assume the Seller’s obligations under such leases for the Leased Items (§ 2.5.7., Leased Items). 10.6.1.3. Encumbered Inclusions Documents. If any Inclusions owned by Seller are encumbered pursuant to § 2.5.4. (Encumbered Inclusions) above, Seller agrees to deliver copies of the evidence of debt, security and any other documents creating the encumbrance to Buyer on or before Due Diligence Documents Delivery Deadline. Buyer Will Will Not assume the debt on the Encumbered Inclusions (§ 2.5.4., Encumbered Inclusions). 10.6.1.4. Other Documents. Other documents and information: 10.6.2. Due Diligence Documents Review and Objection. Buyer has the right to review and object based on the Due Diligence Documents. If the Due Diligence Documents are not supplied to Buyer or are unsatisfactory, in Buyer’s sole subjective discretion, Buyer may, on or before Due Diligence Documents Objection Deadline: 10.6.2.1. Notice to Terminate. Notify Seller in writing, pursuant to § 24.1., that this Contract is terminated; or 10.6.2.2. Due Diligence Documents Objection. Deliver to Seller a written description of any unsatisfactory Due Diligence Documents that Buyer requires Seller to correct. 10.6.2.3. Due Diligence Documents Resolution. If a Due Diligence Documents Objection is received by Seller, on or before Due Diligence Documents Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Due Diligence Documents Resolution Deadline, this Contract will terminate on Due Diligence Documents Resolution Deadline unless Seller receives Buyer’s written withdrawal of the Due Diligence Documents Objection before such termination (i.e., on or before expiration of Due Diligence Documents Resolution Deadline). 10.7. Conditional Upon Sale of Property. This Contract is conditional upon the sale and closing of that certain property owned by Buyer and commonly known as . Buyer has the Right to Terminate under § 24.1. effective upon Seller’s receipt of Buyer’s Notice to Terminate on or before Conditional Sale Deadline if such property is not sold and closed by such deadline. This Section is for the sole benefit of Buyer. If Seller does not receive Buyer’s Notice to Terminate on or before Conditional Sale Deadline, Buyer waives any Right to Terminate under this provision. 10.8. Source of Potable Water (Residential Land and Residential Improvements Only). Buyer Does Does Not acknowledge receipt of a copy of Seller’s Property Disclosure or Source of Water Addendum disclosing the source of potable water for the Property. There is No Well. Buyer Does Does Not acknowledge receipt of a copy of the current well permit. Note to Buyer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE) TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER’S WATER SUPPLIES. 10.9. Existing Leases; Modification of Existing Leases; New Leases. [Intentionally Deleted] 10.10. Lead-Based Paint. 10.10.1. Lead-Based Paint Disclosure. Unless exempt, if the Property includes one or more residential dwellings constructed or a building permit was issued prior to January 1, 1978, for the benefit of Buyer, Seller and all required real estate licensees must sign and deliver to Buyer a completed Lead-Based Paint Disclosure (Sales) form on or before the Lead-Based Paint Disclosure Deadline. If Buyer does not timely receive the Lead-Based Paint Disclosure, Buyer may waive the failure to timely receive the Lead-Based Paint Disclosure, or Buyer may exercise Buyer’s Right to Terminate under § 24.1. by Seller’s receipt of Buyer’s Notice to Terminate on or before the expiration of the Lead-Based Paint Termination Deadline. 10.10.2. Lead-Based Paint Assessment. If Buyer elects to conduct or obtain a risk assessment or inspection of the Property for the presence of Lead-Based Paint or Lead-Based Paint hazards, Buyer has a Right to Terminate under § 24.1. by Seller’s receipt of Buyer’s Notice to Terminate on or before the CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 13 of 23 10/26/2022 10:38:50 AM Seller(s) Initials: CTMeContracts.com - ©2022 CTM Software Corp. EXHIBIT A: Purchase Contract expiration of the Lead-Based Paint Termination Deadline. Buyer may elect to waive Buyer’s right to conduct or obtain a risk assessment or inspection of the Property for the presence of Lead-Based Paint or Lead-Based Paint hazards. If Seller does not receive Buyer’s Notice to Terminate within such time, Buyer accepts the condition of the Property relative to any Lead-Based Paint as satisfactory and Buyer waives any Right to Terminate under this provision. 10.11. Carbon Monoxide Alarms. Note: If the improvements on the Property have a fuel-fired heater or appliance, a fireplace, or an attached garage and include one or more rooms lawfully used for sleeping purposes (Bedroom), the parties acknowledge that Colorado law requires that Seller assure the Property has an operational carbon monoxide alarm installed within fifteen feet of the entrance to each Bedroom or in a location as required by the applicable building code. 10.12. Methamphetamine Disclosure. If Seller knows that methamphetamine was ever manufactured, processed, cooked, disposed of, used or stored at the Property, Seller is required to disclose such fact. No disclosure is required if the Property was remediated in accordance with state standards and other requirements are fulfilled pursuant to § 25-18.5-102, C.R.S., Buyer further acknowledges that Buyer has the right to engage a certified hygienist or industrial hygienist to test whether the Property has ever been used as a methamphetamine laboratory. Buyer has the Right to Terminate under § 24.1., upon Seller’s receipt of Buyer’s written Notice to Terminate, notwithstanding any other provision of this Contract, based on Buyer’s test results that indicate the Property has been contaminated with methamphetamine, but has not been remediated to meet the standards established by rules of the State Board of Health promulgated pursuant to § 25-18.5-102, C.R.S. Buyer must promptly give written notice to Seller of the results of the test. 11. TENANT ESTOPPEL STATEMENTS. [Intentionally Deleted] Closing Provisions 12. CLOSING DOCUMENTS, INSTRUCTIONS AND CLOSING. 12.1. Closing Documents and Closing Information. Seller and Buyer will cooperate with the Closing Company to enable the Closing Company to prepare and deliver documents required for Closing to Buyer and Seller and their designees. If Buyer is obtaining a loan to purchase the Property, Buyer acknowledges Buyer’s lender is required to provide the Closing Company, in a timely manner, all required loan documents and financial information concerning Buyer’s loan. Buyer and Seller will furnish any additional information and documents required by Closing Company that will be necessary to complete this transaction. Buyer and Seller will sign and complete all customary or reasonably required documents at or before Closing. 12.2. Closing Instructions. Colorado Real Estate Commission’s Closing Instructions Are Are Not executed with this Contract. 12.3. Closing. Delivery of deed from Seller to Buyer will be at closing (Closing). Closing will be on the date specified as the Closing Date or by mutual agreement at an earlier date. At Closing, Seller agrees to deliver a set of keys for the Property to Buyer. The hour and place of Closing will be as designated by title company agent. 12.4. Disclosure of Settlement Costs. Buyer and Seller acknowledge that costs, quality and extent of service vary between different settlement service providers (e.g., attorneys, lenders, inspectors and title companies). 12.5. Assignment of Leases. Seller must assign to Buyer all Leases at Closing that will continue after Closing and Buyer must assume Seller’s obligations under such Leases. Further, Seller must transfer to Buyer all Leased Items and assign to Buyer such leases for the Leased Items accepted by Buyer pursuant to § 2.5.7. (Leased Items). 13. TRANSFER OF TITLE. Subject to Buyer’s compliance with the terms and provisions of this Contract, including the tender of any payment due at Closing, Seller must execute and deliver the following good and sufficient deed to Buyer, at Closing: special warranty deed general warranty deed CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 14 of 23 10/26/2022 10:38:50 AM Seller(s) Initials: CTMeContracts.com - ©2022 CTM Software Corp. EXHIBIT A: Purchase Contract bargain and sale deed quit claim deed personal representative’s deed deed. Seller, provided another deed is not selected, must execute and deliver a good and sufficient special warranty deed to Buyer, at Closing. Unless otherwise specified in § 29 (Additional Provisions), if title will be conveyed using a special warranty deed or a general warranty deed, title will be conveyed “subject to statutory exceptions” as defined in §38-30-113(5)(a), C.R.S. 14. PAYMENT OF LIENS AND ENCUMBRANCES. Unless agreed to by Buyer in writing, any amounts owed on any liens or encumbrances securing a monetary sum against the Property and Inclusions, including any governmental liens for special improvements installed as of the date of Buyer’s signature hereon, whether assessed or not, and previous years’ taxes, will be paid at or before Closing by Seller from the proceeds of this transaction or from any other source. 15. CLOSING COSTS, FEES, ASSOCIATION STATUS LETTER AND DISBURSEMENTS, TAXES AND WITHHOLDING. 15.1. Closing Costs. Buyer and Seller must pay, in Good Funds, their respective closing costs and all other items required to be paid at Closing, except as otherwise provided herein. However, if Buyer’s loan specified in §4.5.3. (Loan Limitations) prohibits Buyer from paying for any of the fees contained in this Section, the fees will be paid for by Seller. 15.2. Closing Services Fee. The fee for real estate closing services must be paid at Closing by Buyer Seller One-Half by Buyer and One-Half by Seller Other . 15.3. Association Fees and Required Disbursements. At least fourteen days prior to Closing Date, Seller agrees to promptly request that the Closing Company or the Association deliver to Buyer a current Status Letter, if applicable. Any fees associated with or specified in the Status Letter will be paid as follows: 15.3.1. Status Letter Fee. Any fee incident to the issuance of Association’s Status Letter must be paid by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.3.2. Record Change Fee. Any Record Change Fee must be paid by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.3.3. Assessments, Reserves or Working Capital. All assessments required to be paid in advance (other than Association Assessments as defined in § 16.2. (Association Assessments), reserves or working capital due at Closing must be paid by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.3.4. Other Fees. Any other fee listed in the Status Letter as required to be paid at Closing will be paid by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.4. Local Transfer Tax. Any Local Transfer Tax must be paid at Closing by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.5. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction must be paid when due by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.6. Private Transfer Fee. Any private transfer fees and other fees due to a transfer of the Property, payable at Closing, such as community association fees, developer fees and foundation fees, must be paid at Closing by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.7. Water Transfer Fees. Water Transfer Fees can change. The fees, as of the date of this Contract, do not exceed $ for: Water Stock/Certificates Water District Augmentation Membership Small Domestic Water Company and must be paid at Closing by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.8. Utility Transfer Fees. Utility transfer fees can change. Any fees to transfer utilities from Seller to Buyer must be paid by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.9. FIRPTA and Colorado Withholding. 15.9.1. FIRPTA. The Internal Revenue Service (IRS) may require a substantial portion of the Seller’s proceeds be withheld after Closing when Seller is a foreign person. If required withholding does not occur, the Buyer could be held liable for the amount of the Seller’s tax, interest and penalties. If the box in CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 15 of 23 10/26/2022 10:38:50 AM Seller(s) Initials: CTMeContracts.com - ©2022 CTM Software Corp. EXHIBIT A: Purchase Contract this Section is checked, Seller represents that Seller IS a foreign person for purposes of U.S. income taxation. If the box in this Section is not checked, Seller represents that Seller is not a foreign person for purposes of U.S. income taxation. Seller agrees to cooperate with Buyer and Closing Company to provide any reasonably requested documents to verify Seller’s foreign person status. If withholding is required, Seller authorizes Closing Company to withhold such amount from Seller’s proceeds. Seller should inquire with Seller’s tax advisor to determine if withholding applies or if an exemption exists. 15.9.2. Colorado Withholding. The Colorado Department of Revenue may require a portion of the Seller’s proceeds be withheld after Closing when Seller will not be a Colorado resident after Closing, if not otherwise exempt. Seller agrees to cooperate with Buyer and Closing Company to provide any reasonably requested documents to verify Seller’s status. If withholding is required, Seller authorizes Closing Company to withhold such amount from Seller’s proceeds. Seller should inquire with Seller’s tax advisor to determine if withholding applies or if an exemption exists. 16. PRORATIONS AND ASSOCIATION ASSESSMENTS. 16.1. Prorations. The following will be prorated to the Closing Date, except as otherwise provided: 16.1.1. Taxes. Personal property taxes, if any, special taxing district assessments, if any, and general real estate taxes for the year of Closing, based on Taxes for the Calendar Year Immediately Preceding Closing Most Recent Mill Levy and Most Recent Assessed Valuation, adjusted by any applicable qualifying seniors property tax exemption, qualifying disabled veteran exemption or Other 16.1.2. Rents. Rents based on Rents Actually Received Accrued. At Closing, Seller will transfer or credit to Buyer the security deposits for all Leases assigned to Buyer, or any remainder after lawful deductions, and notify all tenants in writing of such transfer and of the transferee’s name and address. 16.1.3. Other Prorations. Water and sewer charges, propane, interest on continuing loan and 16.1.4. Final Settlement. Unless otherwise specified in Additional Provisions, these prorations are final. 16.2. Association Assessments. Current regular Association assessments and dues (Association Assessments) paid in advance will be credited to Seller at Closing. Cash reserves held out of the regular Association Assessments for deferred maintenance by the Association will not be credited to Seller except as may be otherwise provided by the Governing Documents. Buyer acknowledges that Buyer may be obligated to pay the Association, at Closing, an amount for reserves or working capital. Any special assessment assessed prior to Closing Date by the Association will be the obligation of Buyer Seller. Except however, any special assessment by the Association for improvements that have been installed as of the date of Buyer’s signature hereon, whether assessed prior to or after Closing, will be the obligation of Seller unless otherwise specified in Additional Provisions. Seller represents there are no unpaid regular or special assessments against the Property except the current regular assessments and Association Assessments are subject to change as provided in the Governing Documents. 17. POSSESSION. Possession of the Property and Inclusions will be delivered to Buyer on Possession Date at Possession Time, subject to the Leases as set forth in § 10.6.1.1. and, if applicable, any Post-Closing Occupancy Agreement. If Seller, after Closing occurs, fails to deliver possession as specified, Seller will be subject to eviction and will be additionally liable to Buyer, notwithstanding § 20.2. (If Seller is in Default), for payment of $ 200.00 per day (or any part of a day notwithstanding § 3.3., Day) from Possession Date and Possession Time until possession is delivered. Buyer represents that Buyer will occupy the Property as Buyer’s principal residence unless the following box is checked, then Buyer Does Not represent that Buyer will occupy the Property as Buyer’s principal residence. If the box is checked, Buyer and Seller agree to execute a Post-Closing Occupancy Agreement. General Provisions CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 16 of 23 10/26/2022 10:38:50 AM Seller(s) Initials: CTMeContracts.com - ©2022 CTM Software Corp. EXHIBIT A: Purchase Contract 18. CAUSES OF LOSS, INSURANCE; DAMAGE TO INCLUSIONS AND SERVICES; CONDEMNATION; AND WALK-THROUGH. Except as otherwise provided in this Contract, the Property, Inclusions or both will be delivered in the condition existing as of the date of this Contract, ordinary wear and tear excepted. 18.1. Causes of Loss, Insurance. In the event the Property or Inclusions are damaged by fire, other perils or causes of loss prior to Closing (Property Damage) in an amount of not more than ten percent of the total Purchase Price and if the repair of the damage will be paid by insurance (other than the deductible to be paid by Seller), then Seller, upon receipt of the insurance proceeds, will use Seller’s reasonable efforts to repair the Property before Closing Date. Buyer has the Right to Terminate under § 24.1., on or before Closing Date, if the Property is not repaired before Closing Date, or if the damage exceeds such sum. Should Buyer elect to carry out this Contract despite such Property Damage, Buyer is entitled to a credit at Closing for all insurance proceeds that were received by Seller (but not the Association, if any) resulting from damage to the Property and Inclusions, plus the amount of any deductible provided for in the insurance policy. This credit may not exceed the Purchase Price. In the event Seller has not received the insurance proceeds prior to Closing, the parties may agree to extend the Closing Date to have the Property repaired prior to Closing or, at the option of Buyer, (1) Seller must assign to Buyer the right to the proceeds at Closing, if acceptable to Seller’s insurance company and Buyer’s lender; or (2) the parties may enter into a written agreement prepared by the parties or their attorney requiring the Seller to escrow at Closing from Seller’s sale proceeds the amount Seller has received and will receive due to such damage, not exceeding the total Purchase Price, plus the amount of any deductible that applies to the insurance claim. 18.2. Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication services), system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 24.1., on or before Closing Date, or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or Service. Such credit must not exceed the Purchase Price. If Buyer receives such a credit, Seller’s right for any claim against the Association, if any, will survive Closing. 18.3. Condemnation. In the event Seller receives actual notice prior to Closing that a pending condemnation action may result in a taking of all or part of the Property or Inclusions, Seller must promptly notify Buyer, in writing, of such condemnation action. Buyer has the Right to Terminate under § 24.1., on or before Closing Date, based on such condemnation action, in Buyer’s sole subjective discretion. Should Buyer elect to consummate this Contract despite such diminution of value to the Property and Inclusions, Buyer is entitled to a credit at Closing for all condemnation proceeds awarded to Seller for the diminution in the value of the Property or Inclusions, but such credit will not include relocation benefits or expenses or exceed the Purchase Price. 18.4. Walk-Through and Verification of Condition. Buyer, upon reasonable notice, has the right to walk through the Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract. 18.5. Home Warranty. Seller and Buyer are aware of the existence of pre-owned home warranty programs that may be purchased and may cover the repair or replacement of such Inclusions. 19. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this Contract, Buyer and Seller acknowledge that their respective broker has advised that this Contract has important legal consequences and has recommended: (1) legal examination of title; (2) consultation with legal and tax or other counsel before signing this Contract as this Contract may have important legal and tax implications; (3) to consult with their own attorney if Water Rights, Mineral Rights or Leased Items are included or excluded in the sale; and (4) to consult with legal counsel if there are other matters in this transaction for which legal counsel should be engaged and consulted. Such consultations must be done timely as this Contract has strict time limits, including deadlines, that must be complied with. CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 17 of 23 10/26/2022 10:38:50 AM Seller(s) Initials: CTMeContracts.com - ©2022 CTM Software Corp. EXHIBIT A: Purchase Contract 20. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence for all dates and deadlines in this Contract. This means that all dates and deadlines are strict and absolute. If any payment due, including Earnest Money, is not paid, honored or tendered when due, or if any obligation is not performed timely as provided in this Contract or waived, the non-defaulting party has the following remedies: 20.1. If Buyer is in Default: 20.1.1. Specific Performance. Seller may elect to cancel this Contract and all Earnest Money (whether or not paid by Buyer) will be paid to Seller and retained by Seller. It is agreed that the Earnest Money is not a penalty, and the Parties agree the amount is fair and reasonable. Seller may recover such additional damages as may be proper. Alternatively, Seller may elect to treat this Contract as being in full force and effect and Seller has the right to specific performance or damages, or both. 20.1.2. Liquidated Damages, Applicable. This § 20.1.2. applies unless the box in § 20.1.1. is checked. Seller may cancel this Contract. All Earnest Money (whether or not paid by Buyer) will be paid to Seller and retained by Seller. It is agreed that the Earnest Money amount specified in § 4.1. is LIQUIDATED DAMAGES and not a penalty, which amount the parties agree is fair and reasonable and (except as provided in §§ 10.4. and 21), such amount is SELLER’S ONLY REMEDY for Buyer’s failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages. 20.2. If Seller is in Default: 20.2.1. Specific Performance, Damages or Both. Buyer may elect to treat this Contract as canceled, in which case all Earnest Money received hereunder will be returned to Buyer and Buyer may recover such damages as may be proper. Alternatively, in addition to the per diem in § 17 (Possession) for failure of Seller to timely deliver possession of the Property after Closing occurs, Buyer may elect to treat this Contract as being in full force and effect and Buyer has the right to specific performance or damages, or both. 20.2.2. Seller’s Failure to Perform. In the event Seller fails to perform Seller’s obligations under this Contract, to include, but not limited to, failure to timely disclose Association violations known by Seller, failure to perform any replacements or repairs required under this Contract or failure to timely disclose any known adverse material facts, Seller remains liable for any such failures to perform under this Contract after Closing. Buyer’s rights to pursue the Seller for Seller’s failure to perform under this Contract are reserved and survive Closing. 21. LEGAL FEES, COST AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any arbitration or litigation relating to this Contract, prior to or after Closing Date, the arbitrator or court must award to the prevailing party all reasonable costs and expenses, including attorney fees, legal fees and expenses. 22. MEDIATION. If a dispute arises relating to this Contract (whether prior to or after Closing) and is not resolved, the parties must first proceed, in good faith, to mediation. Mediation is a process in which the parties meet with an impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. Before any mediated settlement is binding, the parties to the dispute must agree to the settlement, in writing. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. The obligation to mediate, unless otherwise agreed, will terminate if the entire dispute is not resolved within thirty days of the date written notice requesting mediation is delivered by one party to the other at that party’s last known address (physical or electronic as provided in § 26). Nothing in this Section prohibits either party from filing a lawsuit and recording a lis pendens affecting the Property, before or after the date of written notice requesting mediation. This Section will not alter any date in this Contract, unless otherwise agreed. 23. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder must release the Earnest Money following receipt of written mutual instructions, signed by both Buyer and Seller. In the event of any controversy regarding the Earnest Money, Earnest Money Holder is not required to release the Earnest Money. Earnest Money Holder, in its sole subjective discretion, has several options: (1) CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 18 of 23 10/26/2022 10:38:50 AM Seller(s) Initials: CTMeContracts.com - ©2022 CTM Software Corp. EXHIBIT A: Purchase Contract wait for any proceeding between Buyer and Seller; (2) interplead all parties and deposit Earnest Money into a court of competent jurisdiction (Earnest Money Holder is entitled to recover court costs and reasonable attorney and legal fees incurred with such action); or (3) provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Holder’s notice to the parties, Earnest Money Holder is authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit and has not interpled the monies at the time of any Order, Earnest Money Holder must disburse the Earnest Money pursuant to the Order of the Court. The parties reaffirm the obligation of § 22 (Mediation). This Section will survive cancellation or termination of this Contract. 24. TERMINATION. 24.1. Right to Terminate. If a party has a right to terminate, as provided in this Contract (Right to Terminate), the termination is effective upon the other party’s receipt of a written notice to terminate (Notice to Terminate), provided such written notice was received on or before the applicable deadline specified in this Contract. If the Notice to Terminate is not received on or before the specified deadline, the party with the Right to Terminate accepts the specified matter, document or condition as satisfactory and waives the Right to Terminate under such provision. 24.2. Effect of Termination. In the event this Contract is terminated, and all Earnest Money received hereunder is timely returned to Buyer, the parties are relieved of all obligations hereunder, subject to §§ 10.4. and 21. 25. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL; SUCCESSORS. This Contract, its exhibits and specified addenda, constitute the entire agreement between the parties relating to the subject hereof and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this Contract. No subsequent modification of any of the terms of this Contract is valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any right or obligation in this Contract that, by its terms, exists or is intended to be performed after termination or Closing survives the same. Any successor to a party receives the predecessor’s benefits and obligations of this Contract. 26. NOTICE, DELIVERY AND CHOICE OF LAW. 26.1. Physical Delivery and Notice. Any document or notice to Buyer or Seller must be in writing, except as provided in § 26.2. and is effective when physically received by such party, any individual named in this Contract to receive documents or notices for such party, Broker, or Brokerage Firm of Broker working with such party (except any notice or delivery after Closing must be received by the party, not Broker or Brokerage Firm). 26.2. Electronic Notice. As an alternative to physical delivery, any notice may be delivered in electronic form to Buyer or Seller, any individual named in this Contract to receive documents or notices for such party, Broker or Brokerage Firm of Broker working with such party (except any notice or delivery after Closing, cancellation or Termination must be received by the party, not Broker or Brokerage Firm) at the electronic address of the recipient by facsimile, email or . 26.3. Electronic Delivery. Electronic Delivery of documents and notice may be delivered by: (1) email at the email address of the recipient, (2) a link or access to a website or server provided the recipient receives the information necessary to access the documents, or (3) facsimile at the facsimile number (Fax No.) of the recipient. 26.4. Choice of Law. This Contract and all disputes arising hereunder are governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for real property located in Colorado. 27. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal will expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below and the offering party receives notice of such acceptance pursuant to § 26 on or before Acceptance Deadline Date and Acceptance Deadline Time. If CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 19 of 23 10/26/2022 10:38:50 AM Seller(s) Initials: CTMeContracts.com - ©2022 CTM Software Corp. EXHIBIT A: Purchase Contract accepted, this document will become a contract between Seller and Buyer. A copy of this Contract may be executed by each party, separately and when each party has executed a copy thereof, such copies taken together are deemed to be a full and complete contract between the parties. 28. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith including, but not limited to, exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations; Title Insurance, Record Title and Off-Record Title; New ILC, New Survey; and Property Disclosure, Inspection, Indemnity, Insurability Due Diligence and Source of Water. ADDITIONAL PROVISIONS AND ATTACHMENTS 29. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate Commission.) a) LOCAL TRANSFER TAX. Regarding Section 15.4, the Local Transfer Tax is not applicable to this transaction. b) SPECIAL ASSESSMENT. Regarding the Special Assessment in Section 16.2, a $50,000 per unit Special Assessment has been installed for the Metcalf Lofts HOA. The Seller has paid the first $10,000 due. Seller agrees to pay the remaining $40,000 special assessment balance due at Closing to the HOA. Any additional special assessment for this project or other projects in the future shall be the obligation of the Buyer. c) APPROVAL OF TOWN ORDINANCE TO PURCHASE. This Contract is conditional on the Town of Avon Council approval. If Contract is not approved by Town of Avon Council on November 15, 2022, Buyer has one business day after (November 16, 2022) to terminate the Contract, and receive a refund of their Earnest Money. d) REALTOR COMMISSION. The Seller will only be obligated to pay a commission to the Listing Broker. The Buyer is self-represented and Seller will not be responsible for any commission to be paid or credited to the Buyer, or to any representive of the Buyer. Listing Broker is a Seller`s Agent, and the Buyer is a Customer. e) CLEANING. Property will be professionally cleaned just prior to Closing, including the garage broom-swept clean. 30. OTHER DOCUMENTS. 30.1. Documents Part of Contract. The following documents are a part of this Contract: 30.1.1. Post-Closing Occupancy Agreement. If the Post-Closing Occupancy Agreement box is checked in § 17 the Post-Closing Occupancy Agreement is a part of this Contract. 30.2. Documents Not Part of Contract. The following documents have been provided but are not a part of this Contract: CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 20 of 23 10/26/2022 10:38:50 AM Seller(s) Initials: CTMeContracts.com - ©2022 CTM Software Corp. EXHIBIT A: Purchase Contract Signatures Date:10/25/2022 Buyer: Town of Avon By: Eric Heil, Town Manager [NOTE: If this offer is being countered or rejected, do not sign this document.] Date:10/25/2022 Seller: Amy M. Greer Date:10/25/2022 Seller: Brandon C. Greer END OF CONTRACT TO BUY AND SELL REAL ESTATE BROKER’S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. A. Broker Working With Buyer Broker Does Does Not acknowledge receipt of Earnest Money deposit. Broker agrees that if Brokerage Firm is the Earnest Money Holder and, except as provided in § 23, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder’s receipt of the executed written mutual instructions, provided the Earnest Money check has cleared. Broker is working with Buyer as a Buyer’s Agent Transaction-Broker in this transaction. Customer. Broker has no brokerage relationship with Buyer. See § B for Broker’s brokerage relationship CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 21 of 23 10/26/2022 10:38:50 AM Seller(s) Initials: CTMeContracts.com - ©2022 CTM Software Corp. EXHIBIT A: Purchase Contract with Seller. Brokerage Firm’s compensation or commission is to be paid by Listing Brokerage Firm Buyer Other . This Broker’s Acknowledgements and Compensation Disclosure is for disclosure purposes only and does NOT create any claim for compensation. Any compensation agreement between the brokerage firms must be entered into separately and apart from this provision. Brokerage Firm’s Name: Slifer Smith & Frampton Real Estate Brokerage Firm’s License #: 000083020 Date:10/26/2022 Broker’s Name: Tina Vardaman Broker’s License #: FA40042274 Address: 281 Bridge Street Vail , CO 81657 Ph:(970) 479-5777 Fax: Email Address: tvardaman@slifer.net B. Broker Working with Seller Broker Does Does Not acknowledge receipt of Earnest Money deposit. Broker agrees that if Brokerage Firm is the Earnest Money Holder and, except as provided in § 23, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder’s receipt of the executed written mutual instructions, provided the Earnest Money check has cleared. Broker is working with Seller as a Seller’s Agent Transaction-Broker in this transaction. Customer. Broker has no brokerage relationship with Seller. See § A for Broker’s brokerage relationship with Buyer. Brokerage Firm’s compensation or commission is to be paid by Seller Buyer Other . This Broker’s Acknowledgements and Compensation Disclosure is for disclosure purposes only and does NOT create any claim for compensation. Any compensation agreement between the brokerage firms must be entered into separately and apart from this provision. Brokerage Firm’s Name: Slifer Smith & Frampton Real Estate Brokerage Firm’s License #: 000083020 Broker: Date:10/25/2022 CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 22 of 23 10/26/2022 10:38:50 AM Seller(s) Initials: CTMeContracts.com - ©2022 CTM Software Corp. EXHIBIT A: Purchase Contract Broker’s License #: FA40042274 Address: 281 Bridge Street Vail , CO 81657 Ph: (970) 476-6034 Fax: Email Address: tvardaman@slifer.net CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) CTM eContracts - ©2022 MRI Software LLC - All Rights Reserved CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 23 of 23 10/26/2022 10:38:50 AM Seller(s) Initials: CTMeContracts.com - ©2022 CTM Software Corp. EXHIBIT A: Purchase Contract 970.748.4413 matt@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Matt Pielsticker, Planning Director Derek Place, Building Official RE: CONTINUED: First Reading of Ordinance 22-16 Adopting the 2021 International Building Codes DATE: November 2, 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. This Ordinance was continued from the October 25, 2022 meeting. Council focused on the automatic sprinkler system requirements for Single-Family, Duplex, and Townhome construction. Direction was provided to return with cost information for sprinkler systems, recommendations from ERFPD, and referral to the Village (at Avon). No comments from the Village were received on sprinkler systems. CODE 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 addition to saving lives of building occupants and firefighters entering structures, insurance premiums improve when systems are installed. The cost in install residential-grade sprinkler systems varies greatly. Recent estimates for homes currently under construction have been as high as $50,000 for a 5,000 sq. ft. custom home in Eagle County. Additional cost estimate information will be presented at the meeting. Depending on the type of system installed, the water tap may increase from ¾” to 1” or 2. Tap fees for residential are based on square footage and not tap size, therefore costs for tap fees are unaffected. However, if the system required running a new line to a property, a road cut would be necessary. This cost varies depending on the location and distance from structures. Lastly, structures with automated sprinkler systems typically included monitoring systems connected to first responders. Staff was unable to obtain pricing on the installation or monitoring of these systems as of the date of this report.  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 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. 970.748.4413 matt@avon.org  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. CLIMATE ACTION: With adopting the (new) 2021 International Energy Conservation Code (“IECC”) comes inherent additional energy savings. Greenhouse Gas Savings are inherent when applying the new IECC standards, including the benefits outlined by Planner 1+ Max Morgan in the attached (“Attachment C – 2021 Code Adoption and Sustainability Impacts Update) analysis. In 2023, staff will be presenting additional “above-code” regulations including Electric-Ready. 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 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 December 13, 2022..” ATTACHMENTS: Attachment A: Ordinance 22-16, with Exhibit A – Chapter 15 Building Code Attachment B: Eagle River Fire Protection District Amendments Attachment C: Town of Avon 2021 Code Adoption and Sustainability Impacts Update 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 November 8, 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. Town of Avon 2021 Code Adoption and Sustainability Impacts Update The Town of Avon is pursuing the adoption of the 2021 International Energy Conservation Code (”IECC”) as part of the larger adoption of 2021 International Building Codes (”IBC”). The Town currently applies the 2015 IECC and IBC to the Avon Municipal Code (”AMC”). The overall adoption of 2021 IBC will support the Town in its pursuit of health, safety and wellness for the community however, adoption of the 2021 IECC represents the most substantial update to policies and procedures that support the Town’s ability to meet climate action goals established in the county-wide Climate Action Plan (”CAP”). The CAP calls for greenhouse gas (”GHG”) emission reduction targets of 50% by 2030, and a minimum of 80% by 2050. The energy used and wasted by buildings in Eagle County remains a signicant contributor to GHG emissions in our region, and the Colorado Energy Oce (”CEO”) lists “Expand Energy Eciency” as the number one most impactful action for local government policy in mitigating GHG pollution. Adoption of the IECC is a likely strategy for expanded energy eciency, with material impacts on commercial and residential development in the Town. 2021 IECC for Construction Projects Residential Construction 2021 IECC requires that every residential development project choose and apply one of three Compliance Options: 1. Prescriptive 2. Total Building Performance 3. Energy Rating Index Each option requires* some application of an Additional Energy Eciency Package: 1. Enhanced Envelope Performance 2. Increased Eciency of HVAC System 3. Reduced Energy Use in Service Water-Heating 4. Increased Eciency of Duct Thermal Distribution System 5. Improved Air Sealing and Ventilation *A 5% improvement over the reference building can be substituted for an eciency package Additional major changes through the 2021 Residential IECC include enhanced requirements for: • Floor and Basement Wall Insulation • Sunrooms and Heated Garages • Structural Air Leakage • Air-Sealed Electrical or Communication Boxes • Duct Leakage • Testing Requirements for Mechanical Vent Systems • Lighting Eciency and Interior Lighting Control Commercial Construction The Commercial chapter of the 2021 IECC includes 70 approved changes, with 36 of those focusing on a building’s envelope. The new code requires that buildings display an Energy Eciency Certicate that indicates quality and type of insulation, windows and doors, and any air leakage test results. Notably, 2021 Commercial IECC expands the requirement for “Energy Credits” for individual construction projects. Energy Credits are acquired through construction that enhances energy eciency. Examples of options to earn credits include: • More Ecient HVAC Performance • Reduced Lighting Power • Enhanced Lighting Controls • On-site Renewable Energy • High-eciency Service Water Heating • Enhanced Envelope Performance These strategies are designed to result in a 10-15% energy savings beyond a prescriptive reference building. The exact options and requirements for energy credits varies across building types and climate zones. • 8.6% Energy Savings Across the State • $156 Reduction in Annual Utility Bills per Household • 20,301,000 CO2e Reduction over 30 Years ▪Eagle County Goal: 707,795 CO2e • 25,000+ Jobs Created Impacts of 2021 IECC in Colorado (Compared to Existing 2015 IECC) ATTACHMENT C Page 1 of 5 TO: Honorable Mayor Smith Hymes and Council members FROM: Finance Director Scott Wright RE: Second Reading of Ordinance 22-17 DATE: November 3, 2022 SUMMARY: Ordinance 22-17 was presented to Town Council and passed at first reading on October 25, 2022. There have been no changes to the ordinance since first reading. 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 Page 2 of 5 • 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 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. Page 3 of 5 6. Section 3.08.050 – Exempt items 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. 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 12. Section 3.08.180 – Penalty and interest on late returns and tax deficiencies 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 2 For example, Aspen, Arvada, Breckenridge, Centennial, Colorado Springs, Golden, Grand Junction, and Silverthorne all authorize sales tax liens on real property. Page 5 of 5 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. 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 Second Reading, 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. 3 Taken from Centennial Code. Ord. 22-17 Amending Sales Tax Code Provisions – Second Reading November 8, 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 – Second Reading November 8, 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. ATTACHMENT A Ord. 22-17 Amending Sales Tax Code Provisions – Second Reading November 8, 2022 Page 3 of 4 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 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 – Second Reading November 8, 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 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager RE: Public Hearing - 2023 Budget DATE: November 1, 2022 SUMMARY: The draft 2023 proposed budget is presented to Council and the public. Per Colorado Budget Law review of the draft 2023 Budget is scheduled as a public hearing. The draft Town of Avon 2023 Budget was presented at the second budget retreat on October 28 with a review of all Town funds and recap of programming for special events and sustainability. In addition, there was discussion about a strategic focus on long range planning and the creation of a Downtown Development Authority. There have been several changes made to the 2023 budget based on Town Council discussion and input at the retreat. The revised budget presented is still very conservative and considers the current economic uncertainty yet still allows for funding of council’s goals and priorities related to growth and development, more specifically in the areas of community housing, sustainability, long-range planning, recreation, operations, and police. The Town’s fund balances are projected to remain very healthy to support municipal operations in case of economic downturn and revenues and expenditures have been budgeted conservatively so that the Town’s financial picture remains solid and sustainable. Council direction, questions or requests for additional information are helpful. Another public hearing is scheduled for November 15 and the final resolution adopting the 2023 Budget will be presented at the December 13 meeting. Please see ATTACHMENT A for the 2023 proposed budget that was presented at the Budget Retreat on October 30. BUDGET HIGHLIGHTS: Changes to the 2023 budget have been made in response to town council’s direction at the October 30 retreat and are highlighted below. GENERAL FUND: The General Fund includes a total reserve of $16,867,963 which includes the minimum reserve fund balance of 27% ($6,849,910), the required 3% TABOR emergency reserve ($980,080) and undesignated unreserved funds in the amount of $9,037,973. REVENUE PROJECTIONS: Sales and accommodation tax revenue projections for 2023 have been revised to indicate a flat or no growth estimate for these revenues. This resulted in a revenue reduction of $462,065 since the October budget retreat. Other General Fund revenues, including other taxes, fees, and licenses, are basically flat from 2022. Attachment A shows a summary of the Fleet Departments shop rate comparisons and increases over the years. PERSONNEL: Town Council supported new positions in 2023 that would increase staff resources in the following areas: Program Supervisor and Aquatics Coordinator (both budgeted full year) have been included in response to demand and impacts related to increased visitations at the Avon Recreation Center. Town Council requested more information about the request for two new positions at the Recreation Center and a review of the recreation fees compared to other recreation facilities. See ATTACHMENT B for more information. Building Technician (budgeted full year) in response to supporting a proactive building and facility maintenance plan. Page 2 of 4 Long Range Planner (budgeted for half year, subject to Council review after 1st Quarter of 2023). The Long-Range Planner would be dedicated to assisting the formation and implementation of the Downtown Development Authority, creating and updating plans for redevelopment of Sun Road and East Avon, facilitating planning at the Village (at Avon), assisting with Community Housing planning, and assisting with planning related to lands adjacent to and surrounding Avon. This work can be substituted with contract planning firms; however, the use of third-party consulting firms does increase the workload for Staff to oversee and administer and generally will double the timeframe to conduct a planning process. GIS Manager (budgeted for half year, subject to Council review after 1st Quarter of 2023). Geographic Information Systems (GIS) is a system that allows data to be compiled, organized, analyzed and presented in a map style format. The benefit is that it allows a municipality to better manage assets and services, communicate and collaborate internally and externally, to organize information based on location, and to offer an information platform with easy access to a multitude of layers and overlapping information. The development and use of an effective GIS platform is not a one-time data entry effort to set it up. It is an on- going process of constantly adding and updating more information. A GIS Manager will enable the Town of Avon to capture, store, verify, manage, and display any data related to locations (spatial information) in Avon. GIS can show many different kinds of data on one map, such as location of utilities and drainage, streetscape and park assets, right-of-way signage, parking spaces, electric vehicle chargers, cultural and recreational features, existing structures and uses, zoning, allocation of single family residential equivalents for water use and water budgeting, solar access, traffic data, assessor information, demographics, assessor information, and any other data we want to relate to a location and track changes. GIS allows embedding information and notes with the location of each data point entered and allows for quick retrieval of information (e.g., location of storm water drainage vault, date of last clean-out and planned date of next clean-out). GIS is a common format such that Avon can incorporate GIS data from other sources, like Eagle County, Holy Cross Energy, and the Water and Sanitation District. The GIS Manager will be responsible for maintaining the base mapping data for Avon, entering will data collection for all Departments, and retrieving and presenting data when desired in a variety of formats. The Town has previously contracted with Eagle County to provide GIS services, which was primarily the production of maps for planning purposes. The Town has also contracted with an engineering firm to survey and enter data into a GIS format. Contracting for GIS services is an option. Contracted work is an option, but is more expensive, slower for delivery, and not timely for daily needs. Public Works: GIS data has been collected on streetlights, storm drains, and irrigation by a consultant. This data needs to be maintained and updated regularly. The Public Works team will use the information for planning, repair, and maintenance. Other infrastructures that should be mapped are underground utilities; traffic control signage and devices; trash and recycling containers; built infrastructure such as bus stops, pavement, roofs, etc. Community Development: The GIS Manager can provide strategic planning support, spatial analysis, and modeling for a variety of important planning efforts. These efforts include site selection, land suitability analysis, land use and transport modeling, the identification of planning action areas, and impact assessments. For example, the GIS Manager can create and track demographic and income maps to demonstrate need, which is important in grant writing. Another example would be tracking water usage and assignments by parcels and addresses for water conservation purposes. Page 3 of 4 Eagle County currently has a GIS Department consisting of a GIS Manager and a GIS Analyst. They have created robust GIS data sets for unincorporated Eagle County (sample maps below.) These new positions are estimated to cost a total of $439,169 in 2023. Based on council’s feedback not to increase CASE programing, the Special Events Production Assistant was not included in the 2023 budget. Also, town staff may continue to engage consultants on some of the long-range planning efforts until related positions are filled in 2023. SPECIAL EVENTS: The outcomes of the discussion about special events are summarized below: Events Program Detail Budget Revisions S.E. Production Assistant position eliminated ($112,6990.00) Battle of the Banks (moved to AvonLIVE!) ($10,000.00) Town Clean Up (no music) $1,700.00 Summer’s End Monday Concert (AvonLIVE! Level concern on Monday) ($79,537.50) Heart & Soul Event eliminated in 2023 ($149,973.87) SunsetLIVE!: sound rolled out of Summer’s End $1,060.00 XTERRA cash contribution eliminated ($10,000.00) TOTAL ($359,450.37) REVIEW: Winter Fireworks Event in 2023 $88,900.00 not included Page 4 of 4 While a ten-year vision statement from CASE included slowly building AvonLIVE! to a regular attendance of 2,500 to 3,000 and establishing signature event in June (Best of the West) and signature event in September (Heart and Soul), there was Council consensus to offer events with a community focus that would attract more modest attendance as well as rethink the proposed new events that would likely conflict with other events offered during those timeframes. The savings from the reduced event programming is estimated at $359K. Staff does request input about adding a winter fireworks event at an estimated cost of $88,900. Town staff will continue to work with CASE and Town Council to develop a strategic plan that provides for event programing that is robust, provides community and economic benefits and meets budgetary constraints. FLEET MAINTENANCE FUND: There was a request to provide a summary outlining shop rates in comparison to similar operations, see ATTACHMENT D. The Fleet Maintenance Fund is an Enterprise Fund where revenues are generated from maintenance repair work charges to Town Departments (est. over $670K) and other governmental agencies (est. $879K). Shop rates were increased 5% this year to help cover the costs of inflation on goods. It has been five years since shop rates were raised. In addition to recovering labor costs and overhead, the increase in rates will also allow Fleet to keep up with inflation. CAPITAL IMPROVEMENTS: The CIP fund balance for the next three years is very healthy with at least $3 million. Avon’s policy is to keep at least $1 million in the CIP fund balance, so that leaves $2 million not yet designated for Capital Projects. The General Fund unrestricted reserves are also considered as sources of funds for payments on capital improvements. The Town’s need for capital improvements will include several new potential projects as well as an established robust schedule for the maintenance of existing facilities and roads/streets infrastructure, transitioning fleet purchases from lease purchase arrangements to cash purchases, as well as improvements to town owned parks. Several potential large expense capital improvements are identified below but not included in the Capital Projects Fund 5 Year Plan. The list of projects would require Council and community input so the town would be able to strategically prioritize and determine appropriate funding resources to support such improvements. Potential Projects Estimated Costs Nottingham Park Restrooms $5-$10 Million Public Works Facility $10 Million Replace Irrigation $ 3 Million Expand Recreation Center $10-20 Million Community Housing $30-50 Million TOTAL $58–93 Million Thank you, Eric ATTACHMENT A: 2023 Proposed Budget Document (presented at Oct. 28th Budget Retreat meeting) ATTACHMENT B: Recreation Department Report: Review of 2023 Department Budget (Personnel Requests and Revenue Projections) ATTACHMENT C Summary of Fleet Division’s Shop Rate Comparisons ATTACHMENT D Budget 2023 Slide Presentation TOWN OF AVON, COLORADO 2023 PROPOSED BUDGET TOWN OF AVON, COLORADO 2023 PROPOSED BUDGET Town Council Sarah Smith Hymes, Mayor Amy Phillips, Mayor Pro Tem Russell Andrade Lindsay Hardy Scott Prince Chico Thuon Tamra N. Underwood Management Team Eric Heil, Town Manager Greg Daly, Police Chief Ineke DeJong, General Govt. Manager Justin Hildreth, Town Engineer Michael Labagh, Recreation Director Patty McKenny, Deputy Town Manager Gary Padilla, Public Operations Manager Matt Pielsticker, Planning Director Lance Richards, Human Resources Director Craig Wilmers, Fleet Manager Eva Wilson, Public Works Director Scott Wright, Finance Director Town of Avon 2023 Proposed Budget Table of Contents I. Introduction i.Table of Contents II. Financial Overview and Fund Summaries Consolidated Financial Schedules and Graphs: 1 Financial Overview - Total All Funds 2-3 Financial Overview - Total By Fund - 2023 Proposed Budget 4-12 Various Charts and Graphs Fund Summaries: 13-20 General Fund 21-23 Avon Urban Renewal Authority Fund 24-25 Community Enhancement Fund 26-27 Water Fund 28-29 Community Housing Fund 30-31 Exterior Energy Offset Fund 32-33 Disposable Paper Bag Fee Fund 34-36 Debt Service Fund 37-39 Mobility Enterprise Fund 40-41 Fleet Maintenance Enterprise Service Fund 42-54 Equipment Replacement Internal Service Fund III. Capital Projects 55-56 Capital Projects Fund Summary 57-63 Capital Projects Fund 5-Year Plan 64 Graph - Capital Expenditures by Funding Source 65-80 Capital Project Descriptions IV. Department Summaries 81-83 General Government 84-86 Human Resources 87-88 Finance & IT 89-90 Community Development 91-94 Police 93-94 Engineering 95-96 Facilities 96-97 Public Operations 98-100 H. Recreation 101-103 I. Mobility 104-105 J. Fleet Maintenance Town of Avon 2023 Proposed Budget Table of Contents V. Supplemental Information 106-108 Departmental Line Item Details 109-166 Number of Positions Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 REVENUES Taxes 27,009,323$ 24,401,628$ 28,628,106 27,675,581$ Licenses and Permits 461,647 325,325 1,435,884 403,450 Intergovernmental 3,198,442 3,958,987 3,363,470 5,354,904 Charges for Services 4,027,852 4,364,073 5,458,701 5,679,713 Fines and Forfeitures 45,753 38,700 38,700 38,700 Investment Earnings (7,865) 100,000 280,000 870,000 Other Revenue 790,784 787,989 1,074,413 760,389 Total Operating Revenues 35,525,936 33,976,702 40,279,274 40,782,737 Other Sources Sales of Fixed Assets 1,180 75,000 75,000 140,000 Transfers-In From Other Funds 4,757,093 5,029,857 5,320,217 6,993,506 Total Other Sources 4,758,273 5,104,857 5,395,217 7,133,506 TOTAL REVENUES 40,284,209 39,081,559 45,674,491 47,916,243 EXPENDITURES General Government and Finance 6,030,169 7,260,375 7,842,382 8,468,695 Community Development 551,138 716,454 772,359 1,206,200 Public Safety 4,169,397 4,834,501 4,875,502 5,199,214 Public Works, Engineering and Utilities 4,612,171 7,150,729 6,879,356 8,383,517 Transportation and Fleet Maintenance 4,508,901 7,051,168 6,351,646 6,504,432 Recreation 1,622,206 2,097,618 2,166,115 2,657,536 Total Operating Expenditures 21,493,982 29,110,845 28,887,360 32,419,594 Debt Service 2,035,569 2,028,892 2,004,113 2,009,319 Capital Improvements and Equipment Replacement 5,304,497 6,538,789 9,258,430 16,035,487 Other Uses Transfers-Out To Other Funds 4,757,093 5,029,857 5,321,403 6,993,506 TOTAL EXPENDITURES 33,591,141 42,708,383 45,471,306 57,457,906 NET SOURCE (USE) OF FUNDS 6,693,068 (3,626,824) 203,185 (9,541,663) FUND BALANCES, Beginning of Year 29,691,429 29,413,477 36,384,497 36,587,582 FUND BALANCES, End of Year 36,384,497$ 25,786,653$ 36,587,682$ 27,045,919$ TOTAL - ALL FUNDS TOWN OF AVON Financial Overview 1 Urban Community Community General Renewal Enhancement Water Housing Fund Fund Fund Fund Fund REVENUE Taxes 20,264,806$ 1,834,772$ -$ -$ 1,030,000$ Licenses and Permits 378,450 - - - - Intergovernmental 1,262,654 - - - - Charges for Services 1,782,593 - - 762,000 57,569 Fines and Forfeitures 38,700 - - - - Investment Earnings 480,000 - - - - Other Revenue 458,500 - 82,000 - 9,000 Total Operating Revenues 24,665,703 1,834,772 82,000 762,000 1,096,569 Other Sources Sales of Fixed Assets - - - - - Transfers-In From Other Funds 600,473 - - - 734,871 TOTAL REVENUES 25,266,176 1,834,772 82,000 762,000 1,831,440 EXPENDITURES General Government, HR and Finance 7,177,812$ 56,043 - - 1,201,000 Community Development 1,165,200 - - - - Public Safety 5,199,214 - - - - Public Operations 8,232,125 - 20,000 131,392 - Mobility and Fleet Maintenance - - - - - Recreation 2,657,536 - - - - Total Operating Expenditures 24,431,887 56,043 20,000 131,392 1,201,000 Debt Service - 749,936 - - - Capital Expenditures - -- - 794,000 Other Uses Transfers-Out To Other Funds 1,750,000 1,000,000 120,000 756,250 - TOTAL EXPENDITURES 26,181,887 1,805,979 140,000 887,642 1,995,000 NET SOURCE (USE) OF FUNDS (915,711) 28,793 (58,000) (125,642) (163,560) FUND BALANCES, Beginning of Year 17,976,190 128,927 361,421 744,706 1,172,765 FUND BALANCES, End of Year 17,060,479$ 157,720$ 303,421$ 619,064$ 1,009,205$ Special Revenue Funds TOTAL - BY FUND TOWN OF AVON Financial Overview 2 Debt Service Internal Fund Service Exterior Disposable Capital Energy Offset Paper Bag Bond Projects Mobility Fleet Equipment Fund Fee Fund Redemption Fund Fund Maintenance Replacement Total -$ -$ -$ 4,500,000$ 46,003$ -$ -$ 27,675,581$ 25,000 - - - - - - 403,450 - - - 2,200,000 1,086,000 806,250 - 5,354,904 - - - - 284,452 1,569,264 1,223,835 5,679,713 - - - - - - - 38,700 - - - 300,000 - - 90,000 870,000 - 55,000 - - 155,889 - - 760,389 25,000 55,000 - 7,000,000 1,572,344 2,375,514 1,313,835 40,782,737 - - - - - - 140,000 140,000 - - 963,142 2,126,250 1,500,000 598,766 470,004 6,993,506 25,000 55,000 963,142 9,126,250 3,072,344 2,974,280 1,923,839 47,916,243 - 33,840 - - - - - 8,468,695 41,000 - - - - - - 1,206,200 - - - - - - - 5,199,214 - - - - - - - 8,383,517 - - - - 3,709,179 2,795,253 - 6,504,432 - - - - - - - 2,657,536 41,000 33,840 - - 3,709,179 2,795,253 - 32,419,594 - - 963,142 55,720 41,755 198,766 - 2,009,319 - - - 12,941,336 - - 2,300,151 16,035,487 - - - 3,367,256 - - - 6,993,506 41,000 33,840 963,142 16,364,312 3,750,934 2,994,019 2,300,151 57,457,906 (16,000) 21,160 - (7,238,062) (678,590) (19,739) (376,312) (9,541,663) 198,222 102,151 34,933 10,252,630 1,098,870 429,071 4,087,696 36,587,582 182,222$ 123,311$ 34,933$ 3,014,568$ 420,280$ 409,332$ 3,711,384$ 27,045,919$ Enterprise Funds TOTAL - BY FUND Special Revenue Funds TOWN OF AVON Financial Overview 3 REVENUES TOWN OF AVON Financial Overview Taxes 67.86% Intergovernmental 13.13% Charges for Services 13.93% Investment Earnings 2.13%Licenses, Fines, Other 2.95% 2023 Total Operating Revenues By Major Source Taxes 71.07%Intergovernmental 8.35% Charges for Services 13.55% Investment Earnings 0.70%Licenses, Fines, Other 6.33% 2022 Total Operating Revenues By Major Source 4 Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 TAXES General Property Tax 3,714,696$ 3,987,414$ 3,990,953$ 3,966,363$ Specific Ownership Tax 126,985 130,000 130,000 130,000 Real Estate Transfer Tax 7,354,186 3,300,000 6,000,000 4,500,000 Sales Tax 11,608,048 11,960,245 12,775,885 13,212,812 Cigarette, Tobacco, Utility and Other Taxes 675,591 675,000 695,000 695,000 Accomodations Tax 2,212,356 2,268,969 2,671,268 2,751,406 Short-term Rental Tax - 750,000 1,000,000 1,030,000 VAA Retail Sales Fee 877,862 900,000 925,000 950,000 Franchise Fees 439,599 430,000 440,000 440,000 Total Taxes 27,009,323$ 24,401,628$ 28,628,106$ 27,675,581$ TAXES TOWN OF AVON Financial Overview The Town of Avon anticipates collecting approximately $27,675,581 or 67.86% of its operating revenues, through an assortment of taxes in 2023. The chart and table below depicts the amount and type of taxes projected for 2023 . The Town's sales tax rate is 4.0%. The sales tax is deposited into the General Fund to partially finance the operating costs associated with providing general governmental type services to the community. The Town also has a 2.0% real estate transfer tax. The tax is charged on all sales of real estate within the Town. Proceeds from this tax are deposited into the Town's Capital Projects Fund and help pay for major capital improvement projects. General Property Tax 14.33%Specific Ownership Tax 0.47% Real Estate Transfer Tax 16.26% Sales Tax 47.74% Cigarette, Tobacco, Utility and Other Taxes 2.51% Accomodations Tax 9.94% Short-term Rental Tax 3.72%VAA Retail Sales Fee 3.43% Franchise Fees 1.59% 5 PROPERTY TAX TOWN OF AVON Financial Overview Property Taxes For 2023, the Town's property tax rate for the General Fund will remain at 8.956 mills. Total assessed values for taxes to be collected in 2023 are $232,602,500, a decrease of $2,269,620 or 0.97% from the previous year. Total levied property tax revenues for the Town are budgeted at $2,083,188. The two charts below show the Town's historical property tax levies and assessed valuations for the past ten years. $- $50,000,000 $100,000,000 $150,000,000 $200,000,000 $250,000,000 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Year Historical Assessed Values $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Year Property Tax Levy 6 AVON URBAN RENEWAL TAX INCREMENT REVENUES TOWN OF AVON Financial Overview Tax Increment Revenues Property tax increment revenues are the main source of funding for the Avon Urban Renewal Authority. The Authority has one tax increment plan area within the Town -the Town Center West Urban Renwal Plan Area. This plan area was created in July 2007 for a twenty-five year period and began receiving property tax increment revenues in 2008. The year 2032 will be the final year for receipt of these revenues. The graphs below show the change in the total plan area assessed valuation above its base and the total tax increment revenues collected. $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Year TIF District Tax Increment (Amount Above Base) Assessed Values $- $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 $1,800,000 $2,000,000 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Year TIF Increment Property Tax Revenues 7 *Total expenditures excluding operating transfers and contingencies EXPENDITURES TOWN OF AVON Financial Overview General Government and Finance 19.53% Community Development 1.92% Public Safety 12.14% Public Works, Engineering and Utilities 17.13% Transportation and Fleet Maintenance 15.82% Recreation 5.40% Debt Service 4.99% Capital Improvements and Equipment Replacement 23.06% 2022 Total Expenditures By Major Function* General Government and Finance 16.78%Community Development 2.39% Public Safety 10.30% Public Works, Engineering and Utilities 16.61% Transportation and Fleet Maintenance 12.89% Recreation 5.27% Debt Service 3.98% Capital Improvements and Equipment Replacement 31.78% 2023 Total Expenditures By Major Function* 8 Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 EXPENDITURES Governmental Funds: General Fund 17,565,738$ 22,199,792$ 22,401,139$ 26,181,887$ Special Revenue Funds 2,700,622 3,392,458 3,915,888 4,903,461 Debt Service Funds 966,836 959,708 961,208 963,142 Capital Projects Fund 6,752,831 8,014,795 10,954,550 16,364,312 Total 27,986,027 34,566,753 38,232,785 48,412,802 Proprietary Fund Types: Transit Fund 3,075,471 5,554,578 4,599,571 3,750,934 Fleet Maintenance Fund 1,668,645 1,733,702 1,989,187 2,994,019 Equipment Replacement Fund 860,998 853,350 649,763 2,300,151 Total 5,605,114 8,141,630 7,238,521 9,045,104 TOTAL EXPENDITURES 33,591,141$ 42,708,383$ 45,471,306$ 57,457,906$ EXPENDITURES TOWN OF AVON Financial Overview General Fund 45.57% Special Revenue Funds 8.53% Debt Service Funds 1.68% Capital Projects Fund 28.48% Transit Fund 6.53% Fleet Maintenance Fund 5.21% Equipment Replacement Fund 4.00% 2023 Total Expenditures By Fund Type 9 Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 Fund Balances General Fund 14,567,561$ 12,875,689$ 17,976,290$ 17,060,479$ Debt Service 36,433 36,433 34,933 34,933 Capital Projects Fund 13,714,320 6,321,103 10,252,630 3,014,568 Equipment Replacement 3,472,095 3,510,399 4,087,696 3,711,384 Enterprise Funds 1,955,681 680,342 1,527,941 829,612 Special Revenue Funds 2,638,407 2,362,687 2,708,192 2,394,943 Total 36,384,497$ 25,786,653$ 36,587,682$ 27,045,919$ FUND BALANCES General Fund 63.08%Debt Service 0.13% Capital Projects Fund 11.15% Equipment Replacement 13.72% Enterprise Funds 3.07% Special Revenue Funds 8.86% 2023 Fund Balances By Fund TOWN OF AVON Financial Overview 10 Adopted Propsed Actual Actual Actual Actual Budget Budget 2018 2019 2020 2021 2022 2023 PERSONNEL COSTS Salaries and Wages: Full-time Employees 6,291,653$ 6,727,253$ 7,176,216$ 7,287,038$ 8,579,376$ 9,811,081$ PTS Employees 799,463 942,500 790,186 927,531 1,096,339 1,374,338 Overtime & Other Misc. Wages 481,523 462,065 346,755 597,613 560,414 700,765 Benefits: Insurance 2,180,093 2,279,273 2,427,521 2,376,915 2,966,994 3,436,234 Taxes 103,668 114,945 117,033 126,346 138,799 154,492 Retirement 715,062 784,251 792,989 827,538 975,346 1,081,468 Other Benefits 22,802 21,183 22,938 22,518 22,645 32,568 Total Personnel Costs 10,594,264$ 11,331,471$ 11,673,638$ 12,165,498$ 14,339,913$ 16,590,946$ EXPENDITURES TOWN OF AVON Financial Overview Full-time Employees 59.14%PTS Employees 8.28% Overtime & Other Misc. Wages 4.22% Insurance 20.71% Taxes 0.93% Retirement 6.52%Other Benefits 0.20% 2023 Personnel Expenditures Full-time Employees 59.83%PTS Employees 7.65% Overtime & Other Misc. Wages 3.91% Taxes 0.97% Retirement 6.80%Other Benefits 0.16% 2022 Personnel Expenditures 11 55.53% 58.04% 52.42% 56.42% 57.21% 54.10% 54.87% 53.81% 55.64% 58.54%59.50% 61.71% 56.60% 49.26% 51.22% 40.00% 45.00% 50.00% 55.00% 60.00% 65.00% 70.00% 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Ratio of Personnel Costs to Total Operating Costs 12 Supplemental Final Original Budget Revised Proposed Actual Budget Revision #2 Budget Budget 2021 2022 2022 2022 2023 REVENUES Taxes 17,984,254$ 18,469,729$ 19,649,844$ 19,742,180$ 20,264,806$ Licenses and Permits 453,213 320,325 1,244,525 1,305,900 378,450 Intergovernmental 1,143,901 1,086,080 1,138,869 1,326,470 1,262,654 Charges for Services 1,481,861 1,423,493 2,283,862 2,293,525 1,782,593 Fines and Forfeitures 45,753 38,700 38,700 38,700 38,700 Investment Earnings 4,385 75,000 75,000 150,000 480,000 Other Revenue 475,397 503,500 503,500 458,500 458,500 Total Operating Revenues 21,588,764 21,916,827 24,934,300 25,315,275 24,665,703 Other Sources Transfer-In From Capital Projects Fund 341,648 494,593 494,593 494,593 600,473 Total Other Sources 341,648 494,593 494,593 494,593 600,473 TOTAL REVENUES 21,930,412$ 22,411,420$ 25,428,893$ 25,809,868$ 25,266,176$ EXPENDITURES General Government, HR and Finance 5,058,990$ 5,944,298$ 6,265,924$ 6,283,615$ 7,177,812$ Community Development 539,138 703,454 732,217 731,359 1,165,200 Public Safety 4,169,397 4,834,501 4,929,645 4,875,502 5,199,214 Public Works 4,476,007 7,019,921 7,438,766 6,744,648 8,232,125 Recreation 1,622,206 2,097,618 2,189,645 2,166,115 2,657,536 Total Operating Expenditures 15,865,738 20,599,792 21,556,197 20,801,239 24,431,887 Other Uses Transfers-Out to Capital Projects Fund - - - - 250,000 Transfers-Out to Mobility Fund 1,300,000 1,300,000 1,300,000 1,300,000 1,300,000 Transfers-Out to Fleet Maintenance Fund 400,000 300,000 300,000 300,000 200,000 Total Other Uses 1,700,000 1,600,000 1,600,000 1,600,000 1,750,000 TOTAL EXPENDITURES 17,565,738 22,199,792 23,156,197 22,401,239 26,181,887 NET SOURCE (USE) OF FUNDS 4,364,674 211,628 2,272,696 3,408,629 (915,711) FUND BALANCES, Beginning of Year 10,202,887 12,664,061 14,567,561 14,567,561 17,976,190 FUND BALANCES, End of Year 14,567,561$ 12,875,689$ 16,840,257$ 17,976,190$ 17,060,479$ FUND BALANCES: Restricted For: 3% TABOR Emergency Reserve 980,080$ 829,650$ 980,080$ 980,080$ 980,080$ Assigned For: Carryover of Fleet Purchases - - - 846,673 - Unassigned: 27% Minimum Reserve Balance 4,742,749 5,993,944 6,252,173 6,048,335 7,001,609 Undesignated, Unreserved 8,844,732 6,052,095 9,608,004 10,101,102 9,078,790 TOTAL FUND BALANCES 14,567,561$ 12,875,689$ 16,840,257$ 17,976,190$ 17,060,479$ Fund Summary MUNICIPAL SERVICES General Fund #10 13 Supplemental Final Original Budget Revised Proposed Actual Budget Revision #2 Budget Budget Description 2021 2022 2022 2022 2023 Taxes: General Property Tax 2,045,147$ 2,103,515$ 2,103,515$ 2,103,515$ 2,083,188$ General Property Tax - Delinquencies 301 500 500 500 500 General Property Tax - Interest 1,980 1,500 1,500 1,925 1,900 General Property Tax - Abatements (3,615) - - (913) - Specific Ownership Tax 126,985 130,000 130,000 130,000 130,000 Sales Tax 11,425,673 11,810,245 12,691,465 12,730,885 13,112,812 Utility Tax 115,387 120,000 120,000 120,000 120,000 Accommodation Tax 2,212,356 2,268,969 2,567,864 2,671,268 2,751,406 Penalties and Interest 52,933 50,000 50,000 35,000 50,000 Sales Tax Audit Assessments 129,442 100,000 100,000 10,000 50,000 VAA Retail Sales Fee 877,862 900,000 900,000 925,000 950,000 Cigarette Excise Tax 258,573 255,000 255,000 245,000 245,000 Tobacco Add-on Sales Tax 301,631 300,000 300,000 330,000 330,000 Franchise Fees 439,599 430,000 430,000 440,000 440,000 Total Taxes 17,984,254 18,469,729 19,649,844 19,742,180 20,264,806 Licenses and Permits: Liquor Licenses 10,443 8,300 8,300 8,300 8,300 Business Licenses 90,782 95,000 95,000 95,000 150,000 Contractor's Licenses 18,510 18,625 18,625 18,625 18,625 Tobacco/Cigarette Licenses 1,750 1,750 1,750 1,750 1,750 Booting/Towing Licenses 450 600 600 600 600 Building Permits 322,529 190,000 1,114,200 1,136,275 190,000 Road Cut Permits 8,749 5,700 5,700 45,000 9,000 Mobile Vendor Cart Permits - 350 350 350 175 Total Licenses and Permits 453,213 320,325 1,244,525 1,305,900 378,450 Intergovernmental: Federal Grants: Click It or Ticket - 3,000 3,000 3,000 3,000 Ballistic Vests Grant 4,248 2,000 2,000 2,000 2,000 State Grants LEAF Grant 11,086 - - 12,149 12,500 High Visibility Grant 9,073 20,000 20,000 20,000 20,000 POST I70 Training Grants 27,722 20,000 20,000 40,000 20,000 DOLA Grants 29,717 - - 8,199 8,199 Recreation Center Grants 8,250 - - - - Other State Grants - - 52,789 65,289 - Local Government/Other Agency Other Local Grants 1,831 - - - - Revenue Detail MUNICIPAL SERVICES General Fund 14 Supplemental Final Original Budget Revised Proposed Actual Budget Revision #2 Budget Budget Description 2021 2022 2022 2022 2023 Revenue Detail MUNICIPAL SERVICES General Fund State/County Shared Revenue: Conservation Trust 79,128 70,000 70,000 80,000 80,000 Motor Vehicle Registration 25,940 24,800 24,800 26,000 26,000 Highway User's Tax 205,005 190,530 190,530 190,530 191,805 County Sales Tax 590,743 590,000 590,000 725,000 746,750 Road & Bridge Fund 150,512 165,000 165,000 151,903 150,000 State Severance Tax 646 750 750 2,400 2,400 Total Intergovernmental 1,143,901 1,086,080 1,138,869 1,326,470 1,262,654 Charges for Services: General Government: Photocopying Charges - 100 100 100 100 License Hearing Fees - 100 100 100 100 Other Fees and Charges 3,149 3,500 3,500 3,500 3,500 Credit Card and Paper Filing Fees 1,975 2,500 2,500 2,500 2,500 Community Development: Plan Check Fees 202,191 120,000 723,633 734,796 120,000 Design Review Fees 11,237 15,000 15,000 15,000 15,000 Animal Control Fees - 150 150 150 150 Fire Impact Fee Administration Fees 174 1,500 1,500 1,500 1,500 Public Safety: Police Reports 730 1,000 1,000 1,000 1,000 Police Extra Duty 9,917 25,000 25,000 25,000 25,000 Fingerprinting Fees 790 500 500 500 500 VIN Inspection Fees 1,890 2,000 2,000 2,000 2,000 False Alarm Fees/Misc Police Dept Fees 65 75 75 75 75 National Night Out - 1,500 1,500 - - DUI Reimbursement 16,639 15,000 15,000 15,000 15,000 Avon Recreation Center: Admission Fees 789,745 750,000 1,053,167 1,053,167 1,100,000 Program Fees 34,886 18,000 18,000 18,000 30,000 Facility Rentals 6,582 3,000 3,000 3,000 4,000 Merchandise Sales 4,113 4,596 4,596 4,596 10,000 Other Recreation Services 4,517 5,004 5,004 5,004 8,600 Fitness Program Revenues 46,482 30,000 30,000 30,000 40,000 Swim Team Revenue 49,404 77,593 77,593 77,593 55,000 Private Lessons 23,830 37,500 37,500 37,500 30,000 15 Supplemental Final Original Budget Revised Proposed Actual Budget Revision #2 Budget Budget Description 2021 2022 2022 2022 2023 Revenue Detail MUNICIPAL SERVICES General Fund General Recreation: Adult Program Revenues 4,513 5,500 5,500 5,500 11,000 Cabin Equipment Rentals 50,158 60,000 60,000 60,000 50,000 Athletic Field Rentals 340 2,000 2,000 2,000 240 Cabin Concessions 645 700 700 700 700 Youth Program Revenues 126,109 160,000 125,000 125,000 165,000 Special Events: Consession Sales 58,210 49,375 49,375 49,375 62,828 Sponsorships 16,000 16,000 - - 10,000 Event Fees 8,114 8,600 14,000 14,000 13,800 Special Event Admission Fees 5,631 5,700 4,869 4,869 3,000 Pavillion Rentals 3,825 2,000 2,000 2,000 2,000 Total Charges for Services 1,481,861 1,423,493 2,283,862 2,293,525 1,782,593 Fines and Forfeitures: Court Fines - Traffic 27,188 23,000 23,000 23,000 23,000 Court Fines - Criminal 8,405 6,500 6,500 6,500 6,500 Court Fines - Parking 4,290 3,000 3,000 3,000 3,000 Court Costs 2,820 3,000 3,000 3,000 3,000 Jury Fees - 100 100 100 100 Bond Forfeitures - 100 100 100 100 Police Training Surcharge 3,050 3,000 3,000 3,000 3,000 Total Fines and Forfeitures 45,753 38,700 38,700 38,700 38,700 Investment Earnings: 4,385 75,000 75,000 150,000 480,000 Other Revenues: Recreational Amenity Fees 328,728 320,000 320,000 330,000 330,000 Lease of Town-Owned Property 3,589 58,500 58,500 3,500 3,500 Miscellaneous Nonclassified Revenues 143,080 125,000 125,000 125,000 125,000 Total Other Revenues 475,397 503,500 503,500 458,500 458,500 TOTAL REVENUES 21,588,764$ 21,916,827$ 24,934,300$ 25,315,275$ 24,665,703$ 16 Supplemental Final Original Budget Revised Proposed Actual Budget Revision #2 Budget Budget Description 2021 2022 2022 2022 2023 General Government: Mayor and Town Council $247,434 306,106$ 317,529$ 317,529$ 285,840$ Town Attorney 195,295 245,000 245,000 245,000 229,000 Town Clerk 136,058 144,770 145,660 145,660 164,717 Municipal Court 115,125 198,721 199,660 199,660 208,105 Administrative Services 443,512 615,576 762,334 762,334 841,857 Community Relations 270,790 321,996 325,295 327,295 352,495 Economic Development 154,020 200,998 205,998 205,998 282,170 Special Events 741,165 1,089,617 1,124,158 1,141,467 1,524,117 Community Grants 100,200 99,250 99,250 99,250 120,250 Sustainability - - 20,300 20,300 193,187 Subtotal General Government 2,403,599 3,222,034 3,445,184 3,464,493 4,201,738 Human Resources: Human Resources 591,828 712,897 723,800 723,800 600,563 Finance and Information Technology: Finance 867,088 1,009,195 1,084,528 1,084,528 1,223,628 Information Systems 452,877 577,324 589,564 589,564 616,380 Nondepartmental 743,598 422,848 422,848 421,230 535,503 Subtotal Finance and IT 2,063,563 2,009,367 2,096,940 2,095,322 2,375,511 Total General Government, HR and Finance 5,058,990 5,944,298 6,265,924 6,283,615 7,177,812 Community Development: Planning and Zoning Commission 9,952 17,468 17,468 17,468 17,093 Planning 307,403 448,428 458,596 458,596 640,556 Building Inspection 221,783 237,558 256,153 255,295 507,551 Total Community Development 539,138 703,454 732,217 731,359 1,165,200 ... Police Department: Administration 770,899 964,551 970,517 972,520 1,011,056 Patrol 3,018,735 3,546,465 3,633,420 3,579,202 3,871,147 Investigations 379,763 323,485 325,708 323,780 317,011 Total Police Department 4,169,397 4,834,501 4,929,645 4,875,502 5,199,214 Department Expenditure Summaries MUNICIPAL SERVICES General Fund 17 Supplemental Final Original Budget Revised Proposed Actual Budget Revision #2 Budget Budget Description 2021 2022 2022 2022 2023 Department Expenditure Summaries MUNICIPAL SERVICES General Fund Public Operations: Administration - - 27,188 27,188 360,208 Engineering 335,876 542,050 547,810 460,460 766,237 Roads and Bridges 2,377,607 3,823,758 3,905,580 3,417,979 4,020,438 Parks 482,040 784,228 1,005,265 978,876 1,040,806 Buildings and Facilities 1,280,484 1,869,885 1,952,923 1,860,145 2,044,436 Total Public Works Department 4,476,007 7,019,921 7,438,766 6,744,648 8,232,125 Recreation Department: Administration 332,777 272,008 278,496 271,966 235,019 Adult Programs 24,535 24,054 24,197 24,197 64,038 Aquatics 543,975 722,216 730,295 742,345 887,961 Fitness 108,895 226,870 229,270 229,270 310,062 Guest Services 341,728 418,366 466,275 466,275 576,573 Youth Programs 95,083 239,123 261,876 232,376 360,338 Communtiy Swim Program 175,213 194,981 199,236 199,686 223,545 Total Recreation 1,622,206 2,097,618 2,189,645 2,166,115 2,657,536 TOTAL OPERATING EXPENDITURES 15,865,738$ 20,599,792$ 21,556,197$ 20,801,239$ 24,431,887$ 18 MUNICIPAL SERVICES General Fund Taxes 82.16% Licenses and Permits 1.53% Intergovernmental 5.12% Charges for Services 7.23% Fines and Forfeitures 0.16%Investment Earnings 1.95%Other Revenue 1.86% 2023 Operating Revenues General Government, HR and Finance 29.38% Community Development 4.77% Public Safety 21.28% Public Works 33.69% Recreation 10.88% 2023 Operating Expenditures 19 Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 TAXES General Property Tax 2,043,813$ 2,105,515$ 2,105,027$ 2,085,588$ Specific Ownership Tax 126,985 130,000 130,000 130,000 Sales Tax 11,425,673 11,810,245 12,730,885 13,112,812 Accommodation Tax 2,212,356 2,268,969 2,671,268 2,751,406 Cigarette and Tobacco Taxes 560,204 555,000 575,000 575,000 Utility and Other 297,762 270,000 165,000 220,000 VAA RSF 877,862 900,000 925,000 950,000 Franchise Fees 439,599 430,000 440,000 440,000 TOTAL TAXES 17,984,254$ 18,469,729$ 19,742,180$ 20,264,806$ Revenues MUNICIPAL SERVICES General Fund General Property Tax 10.29%Specific Ownership Tax 0.64% Sales Tax 64.71% Accommodation Tax 13.58% Cigarette and Tobacco Taxes 2.84% Utility and Other 1.09% VAA RSF 4.69% Franchise Fees 2.17% 2023 Taxes 20 Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 SEE FUND SUMMARY EXPENDITURES BY CATEGORY The Urban Renewal Fund's main source of funding is property tax increment revenues for Urban Renewal Plan areas within the Town. The Town Center West Urban Renewal Plan Area was created in 2007, and is the only urban renewal plan area within Avon. The plan area has a 25-year life for tax increment financing. Property tax increment revenues for 2023 are based upon a preliminary increment of $29,301,500 and a mill rate of 62.617. BUDGET SUMMARY: AVON URBAN RENEWAL FUND ADMINISTRATION OF THE FUND The Avon Urban Renewal Fund is administered by the AURA Treasurer / Town of Avon Finance Director. FINANCIAL SUMMARY 21 Fund Summary Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 REVENUES Taxes 1,628,814$ 1,835,895$ 1,839,922$ 1,834,772$ Investment Earnings 21 - - - TOTAL REVENUES 1,628,835 1,835,895 1,839,922 1,834,772 EXPENDITURES Current: General Government - 1,000 1,000 1,000 Treasurer Fees 54,982 55,077 55,198 55,043 Debt Service: Principal 605,278 619,647 619,647 634,175 Interest 143,841 129,526 129,526 114,861 Fiscal Charges 2,400 900 900 900 Total Operating Expenditures 806,501 806,150 806,271 805,979 Other Uses Transfers Out - Capital Projects Fund 750,000 1,000,000 1,000,000 1,000,000 TOTAL EXPENDITURES 1,556,501 1,806,150 1,806,271 1,805,979 NET SOURCE (USE) OF FUNDS 72,334 29,745 33,651 28,793 FUND BALANCES, Beginning of Year 22,942 70,399 95,276 128,927 FUND BALANCES, End of Year 95,276$ 100,144$ 128,927$ 157,720$ AVON URBAN RENEWAL AUTHORITY #22 Summary 22 Debt Service Summary Final Original Revised Proposed Account Actual Budget Budget Budget Number Description 2021 2022 2022 2023 DEBT SERVICE 932 Series 2013, Tax Increment Revenue Bonds 65101 Principal -$ -$ -$ -$ 65102 Interest - - - - 65103 Fiscal Agent Fees - - - - 65108 Arbitrage Compliance Fees 1,250 - - - 933 Series 2017, Tax Increment Revenue Bonds 65101 Principal 181,278 186,647 186,647 192,175 65102 Interest 66,805 61,436 61,436 55,908 65103 Fiscal Agent Fees 400 400 400 400 65108 Arbitrage Compliance Fees - - - - 934 Series 2020, Tax Increment Revenue Bonds 65101 Principal 424,000 433,000 433,000 442,000 65102 Interest 77,036 68,090 68,090 58,953 65103 Fiscal Agent Fees - 500 500 500 65108 Arbitrage Compliance Fees 750 - - - 60000 TOTAL DEBT SERVICE 751,519$ 750,073$ 750,073$ 749,936$ AVON URBAN RENEWAL AUTHORITY Debt Service 23 Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023EXPENDITURES BY CATEGORY SEE FUND SUMMARY The Community Enhancement Fund (CEF) originates from the Franchise Agreement the Town of Avon has with Holy Cross Energy to sell electricity to the Town. One percent (1%) of the revenue generated by Holy Cross Energy in the Town of Avon is placed in the Community Enhancement Fund and is restricted to the following uses: beautification projects, energy conservation projects, equipment and technology upgrades for schools, scholarship funds, acquisition of open space and/or park land and development, sponsorship of special community events, and undergrounding of overhead electric and other utility lines. Recently added to the list are distributed generation and alternative energy projects. The CEF generates approximately $82,000/year and at the end of 2023 there is estimated be $258,973 available in the CEF Fund Balance. For 2022 there is one $120,000 undergrounding project proposed to be funded by the CEF. BUDGET SUMMARY: COMMUNITY ENHANCEMENT FUND ADMINISTRATION OF THE FUND The Town Engineer administers the Community Enhancement Fund. FINANCIAL SUMMARY 24 Fund Summary Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 REVENUES Other Revenue: Community Enhancement Fees 82,448$ 80,000$ 80,000$ 82,000$ Total Operating Revenues 82,448 80,000 80,000 82,000 Other Sources Transfers In - General Fund - - - - TOTAL REVENUES 82,448 80,000 80,000 82,000 EXPENDITURES Public Works: Community Enhancement - 16,000 20,000 20,000 Total Operating Expenditures - 16,000 20,000 20,000 Other Uses Transfers Out - Capital Projects Fund 28,500 120,000 - 120,000 TOTAL EXPENDITURES 28,500 136,000 20,000 140,000 NET SOURCE (USE) OF FUNDS 53,948 (56,000) 60,000 (58,000) FUND BALANCES, Beginning of Year 247,473 298,973 301,421 361,421 FUND BALANCES, End of Year 301,421$ 242,973$ 361,421$ 303,421$ FUND BALANCES: Restricted For: Community Enhancement Projects 301,421$ 242,973$ 361,421$ 303,421$ TOTAL FUND BALANCES 301,421$ 242,973$ 361,421$ 303,421$ MUNICIPAL SERVICES Community Enhancement Fund #23 25 Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 Personnel Services 37,190$ 43,122$ 43,122$ 32,892$ Commodities - - - - Contract Services 62,894 41,000 41,000 66,000 Other Operating Costs 23,587 30,686 30,686 28,500 Capital Outlay 12,493 - - 4,000 Total 136,164$ 114,808$ 114,808$ 131,392$ Water Utilities 136,164$ 114,808$ 114,808$ 131,392$ Total 136,164$ 114,808$ 114,808$ 131,392$ EXPENDITURES BY PROGRAM PROGRAM ACTIVITIES AND OPERATIONS: WATER FUND Management of Water Fund Capital Improvement Projects: Includes initial planning, engineering, design and construction of water-related improvements. Long-Range Planning: Includes oversight of water rights and work on the resolution of issues with the Water Authority as identified in the Strategic Plan. BUDGET SUMMARY: WATER FUND ADMINISTRATION OF THE FUND The Water Fund is administered by the Town Engineer. Approximately 15% of the Engineer's total administration time is charged to the Water Fund. FINANCIAL SUMMARY EXPENDITURES BY CATEGORY The Water Fund collects revenues, which are restricted to water related projects and expenses. Revenues are generated by a $4,000 per Single Family Equivalent (SFE) water tap fee and a $3.25/SFE/month fee on the water bill. Expenditures in the Water Fund include engineering and construction of projects, water attorney fees and irrigation ditch maintenance. In addition, revenues are contributed to third parties for water quality monitoring, river clean-up and associated projects. 26 Fund Summary Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 REVENUES Charges for Services: Water Surcharges 164,567$ 160,000$ 160,000$ 170,000$ Tap Fees 42,469 40,000 40,000 588,000 Tap Fees - Mountain Star 12,493 - - 4,000 Total Charges for Services 219,529 200,000 200,000 762,000 Other Revenues Nonclassified Revenues - - - - TOTAL REVENUES 219,529$ 200,000$ 200,000$ 762,000$ EXPENDITURES Water Utilities 136,164 114,808 114,808 131,392 Total Operating Expenditures 136,164 114,808 114,808 131,392 Other Uses Transfers Out - Capital Projects Fund - 62,500 62,500 756,250 TOTAL EXPENDITURES 136,164 177,308 177,308 887,642 NET SOURCE (USE) OF FUNDS 83,365 22,692 22,692 (125,642) FUND BALANCES, Beginning of Year 638,649 707,301 722,014 744,706 FUND BALANCES, End of Year 722,014$ 729,993$ 744,706$ 619,064$ FUND BALANCES: Restricted For: Water Projects 722,014$ 729,993$ 744,706$ 619,064$ TOTAL FUND BALANCES 722,014$ 729,993$ 744,706$ 619,064$ MUNICIPAL SERVICES Water Fund #24 27 Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 SEE FUND SUMMARY EXPENDITURES BY CATEGORY BUDGET SUMMARY: COMMUNITY HOUSING FUND The Community Housing Fund was originally established to receive housing funds from developers for employee housing impact fee and mitigation requirements. In 2020 $1.5 million was received as part of a reorganization of the equity partners of an affordable housing project, including the Town. Revenues also include leasing of three residential rental units owned by the Town. Beginning in 2020 the Town implemented a deed restriction program called Mi Casa in order to provide financial assistance for first- time homebuyers in Avon. This program continues to be funded in 2023 at the level of $1.2 million per year. In the 2022 revised budget, the Town appropriated $195,000 for the study of possible community housing projects. In 2022 and 2023, the Town has budgeted a transfer 10% of its real estate transfer taxes from 2021 and 2022 into the Community Housing fund to further the Mi Casa program and continue investigating potential projects. In November 2021, Avon voters approved a 2% short-term rental tax earmarked solely for community housing projects to begin January 1, 2022. Tax revenues in 2022 are estimated to be $1 million and $1.030 million in 2023. Also beginning in 2022 was the transfer to Community Housing of up to 10% of real estate transfer taxes from the Capital Projects Fund. This was approved by the Town Council in their adoption of a Community Housing plan in 2020. In 2021 a feasibility study was began for an employee housing project above the site that houses the Town's Regional Transit Facility. Final design and construction documents will continue into 2023 with a total project budget of $1,054,000. In addition, a planning and design employee housing project for the East Avon Parcels is included in the 2022/2023 budgets at $50,000. ADMINISTRATION OF THE FUND FINANCIAL SUMMARY The Town Manager administers the Community Housing Fund. 28 Supplemental Supplemental Final Original Revised Revised Revised Proposed Actual Budget Budget #1 Budget #1 Budget Budget 2021 2022 2022 2022 2022 2023 REVENUES Taxes: Short-term Rental Tax -$ 750,000$ 750,000$ 1,000,000$ 1,000,000$ 1,030,000$ Intergovernmental: State Grants - - - 25,000 25,000 - Charges for Services: Rental Revenues - Employees 40,962 49,068 49,068 49,068 49,068 57,569 Investment Earnings 34 - - - - - Other Revenue: Bond Issuance Fees 9,514 9,000 9,000 9,000 9,000 9,000 Loan Principal Repayment 2,634 - - - - - Nonclassified Revenues 4,728 - - - - - Total Operating Revenues 57,872 808,068 808,068 1,083,068 1,083,068 1,096,569 Other Sources Operating Transfers-In - 597,699 597,699 597,699 597,699 734,871 Total Other Sources - 597,699 597,699 597,699 597,699 734,871 TOTAL REVENUES 57,872 1,405,767 1,405,767 1,680,767 1,680,767 1,831,440 EXPENDITURES General Government: Community Housing Capital Projects: CHF10001 - Swift Gulch Housing - 63402 47,262 - 862,000 862,000 227,738 704,000 CHF10001 - Swift Gulch Housing - 63199 - - - 75,000 75,000 - CHF10002 - East Parcel - 63402 3,998 - - - 6,002 90,000 CHF10002 - East Parcel - 63199 - - - - 10,000 - CHF10003 - Inventory - 63199 - - - 50,000 50,000 - CHF10003 - Inventory - 63999 - - 50,000 50,000 - - Mi Casa Deed Restriction Program 847,222 1,200,000 1,438,018 1,438,018 1,438,018 1,200,000 Community Housing Operating Expenditures 21,940 - 1,000 4,551 4,551 1,000 TOTAL EXPENDITURES 920,422 1,200,000 2,351,018 2,479,569 1,811,309 1,995,000 NET SOURCE (USE) OF FUNDS (862,550) 205,767 (945,251) (798,802) (130,542) (163,560) FUND BALANCES, Beginning of Year 2,165,857 924,876 1,303,309 1,303,307 1,303,307 1,172,765 FUND BALANCES, End of Year 1,303,307$ 1,130,643$ 358,058$ 504,505$ 1,172,765$ 1,009,205$ Fund Summary MUNICIPAL SERVICES Community Housing Fund #25 29 Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 SEE FUND SUMMARY EXPENDITURES BY CATEGORY BUDGET SUMMARY: EXTERIOR ENERGY OFFSET FUND The Exterior Energy Offset Fund (EEOP) was established to encourage sustainable, energy efficient, exterior heating solutions that conserve energy and natural resources. EEOP considers exterior energy uses over a nominal amount and establishes fees 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) 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 Town's Building Official. (b) The following EEOP fees shall apply at the time of Building Permit. Fees collected at building permit are placed in the EEOP fund to create financial assistance, rebates, and incentives to promote energy efficient projects elsewhere within the Town of Avon. Expenditures of EEOP funds shall be used for: a) 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 ADMINISTRATION OF THE FUND The Town Manager administers the Exterior Energy Offset Fund. FINANCIAL SUMMARY 30 Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 REVENUES Licenses and Permits: Exterior Energy Offset Fee 8,434$ 5,000$ 129,984$ 25,000$ Total Operating Revenues 8,434 5,000 129,984 25,000 TOTAL REVENUES 8,434 5,000 129,984 25,000 EXPENDITURES Community Development: Energy Efficiency Projects 12,000 13,000 41,000 41,000 Total Operating Expenditures 12,000 13,000 41,000 41,000 TOTAL EXPENDITURES 12,000 13,000 41,000 41,000 NET SOURCE (USE) OF FUNDS (3,566) (8,000) 88,984 (16,000) FUND BALANCES, Beginning of Year 112,804 104,804 109,238 198,222 FUND BALANCES, End of Year 109,238$ 96,804$ 198,222$ 182,222$ Fund Summary MUNICIPAL SERVICES Exterior Energy Offset Fund #27 31 Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 SEE FUND SUMMARY EXPENDITURES BY CATEGORY BUDGET SUMMARY: DISPOSABLE PAPER BAG FEE FUND The Disposable Paper Bag Fee Fund was established in order to account for fees received by the Town from retailers who are required to pay ten cents ($0.10) for each disposable paper bag used during a retail purchase. Effective May 1, 2018 it is unlawful for retailers to provide disposable plastic bags to customers at point of sale. The purpose of the program is to protect the public health, safety and welfare, to address the environmental problems associated with disposable bags, and to relive taxpayers of the costs imposed upon the Town associated with disposable bags. The intent is to encourage the use of reusable bags. The fee shall be used exclusively for the following purposes: (1) producing and providing reusable bags to Town residents and guests; (2) educating Town residents, businesses and guests about the impacts of waste on the Town's environmental health, the importance of reducing the number of disposable bags entering the waste stream, and the impact of disposable bags on the Town's waterways and the environment; (3) creating public educational campaigns to raise awareness about waste reduction and recycling; (4) funding programs and infrastructure that allows the Avon community to reduce waste and recycle; (5) purchasing and installing equipment designed to minimize waste pollution, including recycling containers and waste receptacles; (6) funding community cleanup or collection events and other activities to reduce waste; (7) maintaining a public website for the purpose of educating the Town's residents and guests on waste reduction efforts; (8) providing educational information to customers about the Disposable Paper Bag Fee; (9) training retailer staff in the implementation and administration of the Disposable Paper Bag Fee; (10) improving or altering infrastructure to allow for the administration, collection, implementation, and reporting of the Disposable Paper Bag Fee; and (11) paying for the administration of the Disposable Paper Bag Fee Program. ADMINISTRATION OF THE FUND The Town Manager administers the Disposable Paper Bag Fee Fund. FINANCIAL SUMMARY 32 Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 REVENUES Other Revenues Disposable Paper Bag Fee 53,056$ 44,000$ 55,000$ 55,000$ Total Operating Revenues 53,056 44,000 55,000 55,000 TOTAL REVENUES 53,056 44,000 55,000 55,000 EXPENDITURES General Government: Waste Reduction and Recycling 47,035 60,000 60,000 33,840 Total Operating Expenditures 47,035 60,000 60,000 33,840 TOTAL EXPENDITURES 47,035 60,000 60,000 33,840 NET SOURCE (USE) OF FUNDS 6,021 (16,000) (5,000) 21,160 FUND BALANCES, Beginning of Year 101,130 78,130 107,151 102,151 FUND BALANCES, End of Year 107,151$ 62,130$ 102,151$ 123,311$ Fund Summary MUNICIPAL SERVICES Disposable Paper Bag Fee Fund #28 33 Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 SEE FUND SUMMARY The Debt Service fund is used to account for the accumulation of resources for the payment of principal and interest on the Town's debt not accounted for in any other fund. Accounted for in this fund are the Series 2020 Refunding Certificates of Participation issued for the Regional Transportation Facility, the Series 2014B Certificates of Participation issued for street improvements, and the Series 2016 Certificates of Participation that were issued to finance the construction of a new public safety facility. BUDGET SUMMARY: DEBT SERVICE FUND ADMINISTRATION OF THE FUND The Finance Director administers the Debt Service Fund. FINANCIAL SUMMARY EXPENDITURES BY CATEGORY 34 Fund Summary Final Original Revised Proposed Account Actual Budget Budget Budget Number Description 2021 2022 2022 2023 REVENUES 57101 Investment Earnings 6$ -$ -$ -$ 58999 Miscellaneous Nonclassifed Revenues 7,133 - - - Other Sources: 59201 Transfers-In from Capital Projects Fund 968,485 959,708 959,708 963,142 50000 TOTAL REVENUES 975,624 959,708 959,708 963,142 EXPENDITURES Debt Service: 924 Series 2010, Certificates of Participation 65101 Principal - - - - 65102 Interest - - - - 65103 Fiscal Agent Fees - - - - 65108 Arbitrage Compliance Fees 700 - - - 65109 Cash Management Fees - - - - 926 Series 2014B, Certificates of Participation (Street Improvements) 65101 Principal 245,000 250,000 250,000 260,000 65102 Interest 74,993 67,569 67,569 59,994 65103 Fiscal Agent Fees - 1,500 1,500 1,500 65109 Cash Management Fees - 50 50 50 927 Series 2016, Certificates of Participation (Public Safety Facility) 65101 Principal 290,000 295,000 295,000 300,000 65102 Interest 156,875 151,075 151,075 145,175 65103 Fiscal Agent Fees 2,250 2,250 2,250 2,250 65108 Arbitrage Compliance Fees 1,750 - - - 65109 Cash Management Fees 1 50 50 50 928 Series 2020, Refunding Certificates of Participation (Series 2010 New Money) 65101 Principal 171,000 170,000 170,000 174,000 65102 Interest 22,017 19,914 19,914 17,823 65103 Fiscal Agent Fees 2,250 2,250 2,250 2,250 65108 Arbitrage Compliance Fees - - 1,500 - 65109 Cash Management Fees - 50 50 50 Total Debt Service Expenditures 966,836 959,708 961,208 963,142 NET SOURCE (USE) OF FUNDS 8,788 - (1,500) - FUND BALANCES, Beginning of Year 27,645 36,433 36,433 34,933 FUND BALANCES, End of Year 36,433$ 36,433$ 34,933$ 34,933$ MUNICIPAL SERVICES Debt Service Fund #31 35 Year Principal Interest Principal Interest Principal Interest Principal Interest Principal Interest 2023 353,000.00$ 36,026.70$ 442,000.00$ 58,956.40$ 192,175.11$ 55,907.51$ 300,000.00$ 145,175.00$ 260,000.00$ 59,994.00$ 2024 355,000.00 31,684.80 451,000.00 49,627.20 197,867.12 50,215.50 305,000.00 136,175.00 265,000.00 52,116.00 2025 355,000.00 27,318.30 461,000.00 40,111.10 203,727.73 44,354.89 320,000.00 127,025.00 275,000.00 44,086.50 2026 363,000.00 22,951.80 470,000.00 30,384.00 209,761.93 38,320.69 325,000.00 120,625.00 280,000.00 35,754.00 2027 369,000.00 18,486.90 480,000.00 20,467.00 215,974.84 32,107.78 330,000.00 114,125.00 290,000.00 27,270.00 2028 374,000.00 13,948.20 490,000.00 10,339.00 222,371.78 25,710.84 345,000.00 100,925.00 300,000.00 18,483.00 2029 378,000.00 9,348.00 - - 228,958.19 19,124.43 355,000.00 87,125.00 310,000.00 9,393.00 2030 382,000.00 4,698.60 - - 235,739.68 12,342.94 370,000.00 72,925.00 - - 2031 - - - - 242,721.93 5,360.69 385,000.00 58,125.00 - - 2032 - - - - - - 395,000.00 48,018.76 - - 2033 - - - - - - 405,000.00 37,650.00 - - 2034 - - - - - - 420,000.00 25,500.00 - - 2035 - - - - - - 430,000.00 12,900.00 - - Total 2,929,000.00$ 164,463.30$ 2,794,000.00$ 209,884.70$ 1,949,298.31$ 283,445.27$ 4,685,000.00$ 1,086,293.76$ 1,980,000.00$ 247,096.50$ Funding: Interest Dates: Date of Issue: Interest Rate: Issue Amount:$3,983,000 $4,111,000 $3,800,000 Series 2016Series 2017 2.00% - 4.00%2.90% $6,300,000$3,000,000 Real Estate Transfer Taxes, General Revenues of the Town Urban Renewal Fund Tax Increment Revenues June 1 and December 1June 1 and December 1 December 1, 2035December 1, 2031September 2, 2020 May 1, 2020 December 1, 2029 1.230%2.110%3.03% Real Estate Transfer Taxes, Fleet Maintenance Revenues Urban Renewal Fund Tax Increment Revenues Real Estate Transfer Taxes, General Revenues of the Town June 1 and December 1 June 1 and December 1 June 1 and December 1 Series 2020 Series 2020 Series 2014B Refunding Certificates of Participation Tax Increment Revenue Refunding Loan Certificates of ParticipationCertificates of ParticipationTax Increment Revenue Bonds TOWN OF AVON Self-Supported Bonded Debt 36 Supplemental Final Original Amended Revised Proposed Actual Budget Budget #1 Budget Budget 2021 2022 2022 2022 2023 REVENUES Taxes 42,069$ 46,004$ 46,004$ 46,004$ 46,003$ Intergovernmental 1,993,388 2,802,907 2,686,000 1,942,000 1,086,000 Charges for Services 252,272 266,625 266,625 269,625 284,452 Fines and Forfeitures - - 25,000 - - Other Revenues 111,413 151,489 230,017 191,617 155,889 Total Operating Revenues 2,399,142 3,267,025 3,253,646 2,449,246 1,572,344 Other Sources Transfers In from General Fund 1,300,000 1,300,000 1,300,000 1,300,000 1,300,000 Transfers In from Capital Projects Fund 200,000 - - 400,000 200,000 Total Other Sources 1,500,000 1,300,000 1,300,000 1,700,000 1,500,000 TOTAL REVENUES 3,899,142 4,567,025 4,553,646 4,149,246 3,072,344 EXPENDITURES Administration 278,793 339,933 341,064 345,064 335,363 Transit Operations 2,316,015 4,475,837 4,624,332 3,534,216 2,807,139 Washbay 166,294 192,336 192,996 192,996 258,714 Mobility Programs 314,369 546,472 527,295 527,295 349,718 Parking Management - - 129,000 - - TOTAL EXPENDITURES 3,075,471 5,554,578 5,814,687 4,599,571 3,750,934 NET SOURCE (USE) OF FUNDS 823,671 (987,553) (1,261,041) (450,325) (678,590) FUND BALANCES, Beginning of Year 725,524 1,376,640 1,595,418 1,549,195 1,098,870 FUND BALANCES, End of Year 1,549,195$ 389,087$ 334,377$ 1,098,870$ 420,280$ Fund Summary MUNICIPAL SERVICES Mobility Enterprise Fund #52 37 Supplemental Final Original Amended Revised Proposed Actual Budget Budget #1 Budget Budget Description 2021 2022 2022 2022 2023 Taxes: Property Taxes Property Tax/ Gates GID 41,976$ 46,004$ 46,004$ 46,004$ 46,003$ Current & Delinquent interest 93 - - - - Total Taxes 42,069 46,004 46,004 46,004 46,003 Intergovernmental: Federal Grants: FTA Formula Grant for Rural Areas - 5311 245,980 246,000 246,000 246,000 246,000 FTA Low or No-Emission Vehicle Program - 1,600,000 1,600,000 1,600,000 - FTA - CRRSAA - 5311 967,643 - - - - State Grants: 2022 CDOT Planning Grant - - - 96,000 - 2022 CDOT FASTER Grant 775,592 800,000 840,000 - 840,000 2022 Regional Transit Authority Grant - 156,907 - - - 2021 DOLA Small Dollar Grant 4,173 - - - - Total Intergovernmental 1,993,388 2,802,907 2,686,000 1,942,000 1,086,000 Charges for Services: Transportation: Beaver Creek 153,217 119,695 119,695 119,695 125,000 Wash Bay Services- External 86,159 100,000 100,000 100,000 100,000 EV Bus Charging Reimbursements - - - 3,000 15,000 Wash Bay Services- Internal 12,896 46,930 46,930 46,930 44,452 Total Charges for Services 252,272 266,625 266,625 269,625 284,452 Fines and Forfeitures: Parking Violations - - 25,000 - - Other Revenues: Lease of Town-owned Property 82,201 123,036 180,564 142,164 123,936 Sale of Electricty 20,024 24,453 24,453 21,453 21,453 Chargepoint Sales 1,047 - - 3,000 5,500 Bus Advertising Revenue 5,865 4,000 4,000 4,000 5,000 Miscellaneous Reimbursement 2,276 - 21,000 21,000 - Total Other Revenues 111,413 151,489 230,017 191,617 155,889 Revenue Detail MUNICIPAL SERVICES Mobility Enterprise Fund #52 38 Supplemental Final Original Amended Revised Proposed Actual Budget Budget #1 Budget Budget Description 2021 2022 2022 2022 2023 Revenue Detail MUNICIPAL SERVICES Mobility Enterprise Fund #52 Other Sources: Transfers In from General Fund 1,300,000 1,300,000 1,300,000 1,300,000 1,300,000 Transfers In from Capital Projects Fund 200,000 - - 400,000 200,000 Total Other Sources 1,500,000 1,300,000 1,300,000 1,700,000 1,500,000 TOTAL REVENUES 3,899,142$ 4,567,025$ 4,553,646$ 4,149,246$ 3,072,344$ 39 Final Original Revised Adopted Actual Budget Budget Budget 2021 2022 2022 2023 REVENUES Intergovernmental -$ -$ -$ 806,250$ Charges for Services 1,282,439 1,292,929 1,514,525 1,569,264 Other Revenue 9,911 - 1,890 - Total Operating Revenues 1,292,350 1,292,929 1,516,415 2,375,514 Other Sources Transfers-In from General Fund 400,000 300,000 300,000 200,000 Transfers-In from Capital Projects Fund 193,460 195,357 195,357 398,766 Total Other Sources 593,460 495,357 495,357 598,766 TOTAL REVENUES 1,885,810 1,788,286 2,011,772 2,974,280 EXPENDITURES Public Works: Fleet Maintenance 1,668,645 1,733,702 1,989,187 2,994,019 Total Operating Expenditures 1,668,645 1,733,702 1,989,187 2,994,019 NET SOURCE (USE) OF FUNDS 217,165 54,584 22,585 (19,739) FUND BALANCES, Beginning of Year 189,321 236,671 406,486 429,071 FUND BALANCES, End of Year 406,486$ 291,255$ 429,071$ 409,332$ Fund Summary MUNICIPAL SERVICES Fleet Maintenance Enterprise Fund #61 40 Final Original Revised Adopted Acct.Actual Budget Budget Budget Number Description 2021 2022 2022 2023 Intergovernmental: 53199 Other Federal Grants -$ -$ -$ 806,250$ Charges for Services: 54806 3rd Party Fleet Maintenance Chrgs.683,105 618,545 843,195 879,060 54901 Dept. Fleet Maintenance Chrgs.603,293 639,384 651,330 670,204 54903 Sales of Fuel (3,959) 35,000 20,000 20,000 54000 Total Charges for Services 1,282,439 1,292,929 1,514,525 1,569,264 Other Revenues: 58205 Insurance Reimbursements 9,461 - 1,440 - 58217 Sales of Surplus Property 450 - 450 - 58999 Miscellaneous Nonclassified Revenues - - - - 58000 Total Other Revenues 9,911 - 1,890 - Other Sources: 59201 Transfers-In from General Fund 400,000 300,000 300,000 200,000 59201 Transfers-In from Capital Projects Fund 193,460 195,357 195,357 398,766 59000 Total Other Sources 593,460 495,357 495,357 598,766 50000 TOTAL REVENUES 1,885,810$ 1,788,286$ 2,011,772$ 2,974,280$ Revenue Summary MUNICIPAL SERVICES Fleet Maintenance Enterprise Fund #61 41 Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 SEE FUND SUMMARY EXPENDITURES BY CATEGORY The Equipment Repacement Fund is used to account for the rental of certain vehicles and equipment to other departments for the accumulation of funds for future replacements. BUDGET SUMMARY: EQUIPMENT REPLACEMENT FUND ADMINISTRATION OF THE FUND The Equipment Replacement Fund is administered by the Finance Director with assistance from other department directors. FINANCIAL SUMMARY 42 Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 REVENUES Charges for Services: Equipment Replacement Charges 750,789$ 1,131,958$ 1,131,958$ 1,223,835$ Interest Earnings 170 - 30,000 90,000 Other Revenue: Insurance Claim Reimbursements - - 28,406 - Total Operating Revenues 750,959 1,131,958 1,190,364 1,313,835 Other Sources Transfers-In from Capital Projects Fund 425,000 - - 470,004 Sales of Fixed Assets 1,180 75,000 75,000 140,000 Total Other Sources 426,180 75,000 75,000 610,004 TOTAL REVENUES 1,177,139 1,206,958 1,265,364 1,923,839 EXPENDITURES Capital Outlay: Fleet and Heavy Equipment 653,240 414,862 231,042 1,774,831 Recreation Center Equipment 23,215 37,399 51,420 359,005 Computer and Office Equipment 34,543 214,109 256,245 78,815 Machinery and Equipment - 11,980 11,980 - Heat Recovery - 175,000 87,500 87,500 Total Operating Expenditures 710,998 853,350 638,187 2,300,151 Other Uses: Transfer-Out to Capital Projects Fund 150,000 - 11,576 - TOTAL EXPENDITURES 860,998 853,350 649,763 2,300,151 NET SOURCE (USE) OF FUNDS 316,141 353,608 615,601 (376,312) FUND BALANCES, Beginning of Year 3,155,954 3,156,791 3,472,095 4,087,696 FUND BALANCES, End of Year 3,472,095$ 3,510,399$ 4,087,696$ 3,711,384$ Fund Summary MUNICIPAL SERVICES Equipment Replacement Internal Service Fund #63 43 Final Original Revised Proposed Account Actual Budget Budget Budget Number Description 2021 2022 2022 2023 Charges for Services: Equipment Rental Charges 54904 Nondepartmental 71,126 126,011 126,011 175,640 54905 Comm Dev - Building Inspection 3,997 - - - 54904 Police - Administration 32,923 42,139 42,139 27,222 54904 Police - Patrol 103,379 175,916 175,916 193,289 54904 Police - Investigations 17,800 17,615 17,615 15,705 54904 Engineering 3,986 1,809 1,809 1,324 54904 Public Works - Roads and Bridges 99,819 206,803 206,803 245,060 54904 Public Works - Parks 121,542 152,885 152,885 154,920 54904 Buildings and Facilities 100,522 122,480 122,480 59,883 54904 Mobility - Operations 13,723 15,259 15,259 17,314 54904 Mobility - Wash Bay 65,241 43,769 43,769 106,016 54904 Fleet Maintenance 8,428 15,977 15,977 19,966 54903 Recreation - Administration 11,804 11,473 11,473 19,532 54904 Recreation - Aquatics 21,934 27,629 27,629 17,149 54904 Recreation - Fitness 74,565 172,193 172,193 170,815 54000 Total Charges for Services 750,789 1,131,958 1,131,958 1,223,835 57000 Investment Earnings 57101 Investment Earnings 170 - 30,000 90,000 Other Revenue 58205 Insurance Claim Reimbursements - - - - Other Sources: 59201 Transfers-In from Capital Projects Fund 425,000 - - 470,004 59101 Sale of Fixed Assets 1,180 75,000 75,000 140,000 59000 Total Other Sources 426,180 75,000 75,000 610,004 50000 TOTAL REVENUES 1,176,969$ 1,206,958$ 1,206,958$ 1,833,839$ Revenue Detail MUNICIPAL SERVICES Equipment Replacement Internal Service Fund #63 44 TOWN OF AVON DETAILED BUDGET REQUESTS 2023 Proposed Budget Department:N/A Program: Fleet and Heavy Equipment #811 Account 2023 Proposed Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Fleet and Heavy Equipment General Goverenment: Utility 4x4 EV: Carryover from 2022 C/O Replaces #401 47,495$ Police: Ford Interceptor Utility Hybrid: Replaces #353 67,642 Replaces #355 67,642 Take Home Vehicles (6 Ford Interceptors)470,004 Public Works - Roads & Bridges: Carryover from 2022 Pickup w/ Plow - Replaces #210 47,000 Flatbed Pickup - Replaces #211 50,000 Public Works - Parks: Carryover from 2022 Pickup w/ Plow - Replaces #200 47,000 Pickup w/ Plow - Replaces #223 47,000 66501 Automobiles and Light-duty Trucks 843,783 Fleet Maintenance: Carryover from 2022 C/O Service Truck - Replaces #700 175,000 Public Works - Parks: Plow Truck - Replaces #205 300,000 Backhoe - Replaces #282 153,162 Carryover from 2022 C/O Bobcat Toolcat - Replaces #214 60,594 Carryover from 2021 C/O Lift Truck - Replaces #104 175,683 Carryover from 2021 C/O Tractor - Replaces #217 and #286 66,609 66502 Heavy Trucks and Moving Equipment 931,048 66000 Total Capital Outlay 1,774,831$ 45 TOWN OF AVON DETAILED BUDGET REQUESTS 2022 Amended Budget Department:N/A Program: Fleet and Heavy Equipment #811 Account 2022 Amended Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Fleet and Heavy Equipment General Goverenment: Utility 4x4 EV: Carryover to 2023 Replaces #401 43,675$ Police: Utility 4x4 Hybrid: Replaces #347 57,000 49,039 Public Works - Roads & Bridges: Pickup w. Plow - Replaces #296 45,959 46,691 Public Works - Parks: Pickup w. Plow - Replaces #209 45,959 42,273 C/O Pickup w/ Plow - Replaces #208 46,691 C/O Flatbed - Replaces #287 46,348 66501 Automobiles and Light-duty Trucks 231,042 Fleet Maintenance: Carryover to 2023 Service Truck - Replaces #700 175,000 Public Works - Parks: Carryover to 2023 Tractor - Replaces #214 66,609 Carryover to 2023 Bobcat Toolcat - Replaces #214 60,594 66502 Heavy Trucks and Moving Equipment - 66000 Total Capital Outlay 231,042$ 46 TOWN OF AVON DETAILED BUDGET REQUESTS 2023 Proposed Budget Department:N/A Program:Recreation Equipment #812 2023 Account Proposed Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Recreation Center Fitness: Upright Bikes (3)22,617$ Recumbant Bikes (3)23,667 Cybex Treadmills (8)104,072 FreeMotion Treadmills (4)50,796 Ellipticals (3)33,180 Interactive Spin Bikes (6)28,218 Stairmasters (2)36,698 ARC Trainers 40,267 Misc. Fitness Equipment (Benches, etc.)19,490 66407 Athletic and Recreational Equipment 359,005 66000 Total Capital Outlay 359,005$ 47 TOWN OF AVON DETAILED BUDGET REQUESTS 2022 Amended Budget Department:N/A Program:Recreation Equipment #812 2022 Account Amended Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Recreation Center Facilities: Lobby Furniture 14,442$ 66404 Furniture and Fixtures 14,442 Aquatics: Diving Board Platform 5,796 Waterslide 10,360 Rock Wall Refurbishment 6,809 Swim Suit Extractors (2)2,374 Fitness: Smith Machine 4,833 LCD Televisions 5,802 Facilities: Dry Vacuum 1,004 66407 Athletic and Recreational Equipment 36,978 66000 Total Capital Outlay 51,420$ 48 TOWN OF AVON DETAILED BUDGET REQUESTS 2023 Proposed Budget Department:N/A Program:Computers and Office Equipment #813 2023 Account Proposed Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Computers and Office Equipment Information Technology: 2023 Switch Upgrade: Replaces #18015, #18016, #18017, #18018 39,746$ Firewall Refresh & Guest Wifi Security Config for Special Events 30,028 Network Storage: 5 Additional Hard Drives for NAS Storage Device 1,826 66402 Computers and Peripherals 71,600 Replacement of two (2) Axis Model #3007 Cameras at ARTF with Motion Detection 66403 Audio / Visual Cameras 2,660 66404 Furniture and Fixtures Replacement Server Cabinent 4,555 66000 Total Capital Outlay 78,815$ 49 TOWN OF AVON DETAILED BUDGET REQUESTS 2022 Amended Budget Department:N/A Program:Computers and Office Equipment #813 2022 Account Amended Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Computers and Office Equipment Information Technology: Switches: Replaces #1993, #1994, #2186, #2527, #2528 #2529, #2530, #2523 111,109$ Network Storage: Replaces #2214, #2215 103,000 PolyComm Conference Phone Replacements 6,136 Police Dept. MDT Laptop Computers 36,000 66402 Computers and Peripherals 256,245 66000 Total Capital Outlay 256,245$ 50 TOWN OF AVON DETAILED BUDGET REQUESTS 2023 Proposed Budget Department:N/A Program:Machinery and Equipment #814 2023 Account Proposed Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Machinery and Equipment -$ 66499 Other Machinery and Equipment - 66000 Total Capital Outlay -$ 51 TOWN OF AVON DETAILED BUDGET REQUESTS 2022 Amended Budget Department:N/A Program:Machinery and Equipment #814 2022 Account Amended Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Machinery and Equipment Public Works - Parks: Hotsy Pressure Washer - Replaces #222 11,980$ 66499 Other Machinery and Equipment 11,980 66000 Total Capital Outlay 11,980$ 52 TOWN OF AVON DETAILED BUDGET REQUESTS 2023 Proposed Budget Department:N/A Program:Heat Recovery #815 2023 Account Proposed Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Heat Recovery Buildings and Facilities: Heat Recovery Heat Pump - 50% Final Payment 87,500$ 66704 Heat Recovery 87,500 66000 Total Capital Outlay 87,500$ 53 TOWN OF AVON DETAILED BUDGET REQUESTS 2022 Amended Budget Department:N/A Program:Heat Recovery #815 2022 Account Amended Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Heat Recovery Buildings and Facilities: Heat Recovery Heat Pump - 50% Deposit 175,000$ 87,500 66704 Heat Recovery 87,500 66000 Total Capital Outlay 87,500$ 54 Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 SEE CAPITAL PROJECTS FUND PROJECT DETAIL BUDGET SUMMARY: CAPITAL PROJECTS FUND The Capital Projects Fund is primarily funded with a 2% real estate transfer tax (RETT). Projected RETT revenues reflect historic collection trends and the best information available regarding the local real estate market. In addition to RETT revenues, the General Fund also makes transfers to the Capital Projects Fund, after achieving a balanced budget, and with all reserves fully funded. Certain other Town funds also occasionally contribute to capital infrastructure depending on the project, such as the Water Fund and the Community Enhancement Fund. Capital projects are selected based on several criteria including, but not limited to, the need for new streets, road and facility development, major maintenance of the Town’s existing facilities and infrastructure, investments in economic development, and projects identified that have high priorities in meeting adopted planning document objectives such as the the Town Comprehensive Plan, Nottingham Park Master Plan and the Recreation Trails Master Plan. A five-year Capital Improvements Program, required by the Town Charter and necessary to the long-term planning of infrastructure development and maintenance is also prepared and adopted annually. ADMINISTRATION OF THE FUND The Capital Projects Fund is administered by the Town Engineer. The three engineers in the Engineering Department spend a significant portion of each position's time on planning and implementation of the Fund and Five-Year Program. Proportional monies for the engineer's salary are transferred to the General Fund. FINANCIAL SUMMARY DEPARTMENT EXPENDITURES BY CATEGORY 55 Current Final Original Revised Revised Proposed Actual Budget Budget Budget Budget 2021 2022 2022 2022 2023 REVENUES Taxes 7,354,186$ 3,300,000$ 3,300,000$ 6,000,000$ 4,500,000$ Intergovernmental 61,153 70,000 70,000 70,000 2,200,000 Investment Earnings (12,481) 25,000 25,000 100,000 300,000 Other Revenue 34,550 - - 250,000 - Total Operating Revenues 7,437,408 3,395,000 3,395,000 6,420,000 7,000,000 Other Sources: Operating Transfers-In 928,500 1,182,500 1,214,795 1,072,860 2,126,250 Total Other Sources 928,500 1,182,500 1,214,795 1,072,860 2,126,250 TOTAL REVENUES 8,365,908 4,577,500 4,609,795 7,492,860 9,126,250 EXPENDITURES Capital Improvements: Facilities 1,856,104 1,585,000 2,731,895 3,037,760 3,761,000 Land and Land Improvements 598,700 1,777,000 2,274,875 2,274,875 215,000 Roads and Streets 1,818,387 1,890,000 2,685,504 1,797,833 7,524,748 Utility Projects 68,162 187,500 581,042 606,042 1,031,250 Planning and Consulting - 100,000 100,000 100,000 175,000 Communications and Technology 200,886 145,939 428,857 434,993 234,338 Debt Service: Capital Leases 81,999 81,999 81,999 55,720 55,720 Total Capital Improvements 4,624,238 5,767,438 8,884,172 8,307,223 12,997,056 Other Uses Operating Transfers-Out 2,128,593 2,247,357 2,247,357 2,647,327 3,367,256 Total Other Uses 2,128,593 2,247,357 2,247,357 2,647,327 3,367,256 TOTAL EXPENDITURES 6,752,831 8,014,795 11,131,529 10,954,550 16,364,312 NET SOURCE (USE) OF FUNDS 1,613,077 (3,437,295) (6,521,734) (3,461,690) (7,238,062) FUND BALANCE, Beginning of Year 12,101,243 9,758,398 13,782,410 13,714,320 10,252,630 FUND BALANCE, End of Year 13,714,320$ 6,321,103$ 7,260,676$ 10,252,630$ 3,014,568$ Fund Balances Restricted For: Asphalt Overlay 455,210$ 455,210$ 455,210$ 455,210$ 455,210$ Assigned For: Asphalt Overlay - - - - 250,000 Tract G/URA Projects 1,155,610 800,610 844,108 844,108 (2,430,892) Unassigned: Unreserved 12,103,500 5,065,283 5,961,358 8,953,312 4,740,250 Total Fund Balances 13,714,320$ 6,321,103$ 7,260,676$ 10,252,630$ 3,014,568$ Fund Summary MUNICIPAL SERVICES Capital Projects Fund #41 56 CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Final Original Amended Amended Proposed Audited Budget Budget #1 Budget Budget 2021 2022 2022 2022 2023 2024 2025 2026 2027 REVENUES Real Estate Transfer Tax: Base Level 7,348,714$ 3,300,000$ 3,300,000$ 6,000,000$ 4,500,000$ 4,500,000$ 4,500,000$ 4,500,000$ 4,500,000$ Penalties and Interest 5,472 - - - - - - - - Interest Earnings (12,481) 25,000 25,000 100,000 300,000 75,000 50,000 50,000 50,000 Intergovernmental: Federal/State: DOLA - Broadband Grant 17,153 - - - - - - - - GOCO Grant (Lee's Way Rebuild)- 25,000 25,000 25,000 - - - - - 2021 Charge Ahead Grant Fast EV Charging Station)44,000 - - - - - - - - 2022 Charge Ahead Grant Fast EV Charging Station)- 45,000 45,000 45,000 - - - - - CDOT US Hwy 6 & Stonebridge Rd. Roundabout Grant - - - - 2,200,000 - - - - Other Revenues: Project Cost Reimbursement 27,500 - - - - - - - - Contributed Infrastructure & Improvements - - - 250,000 - - - - - Nonclassified 7,050 - - - - - - - - Total Operating Revenues 7,437,408 3,395,000 3,395,000 6,420,000 7,000,000 4,575,000 4,550,000 4,550,000 4,550,000 Other Sources: Transfers In - General Fund - Assigned to Village at Avon Asphalt Overlays - - - - 250,000 250,000 250,000 250,000 250,000 Transfers In - Avon URA - Tract G Projects 750,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 Transfers In - Community Enhancement Fund - West Avon Preserve Trail Improvements 28,500 - - - - - - - - - Powerline Undergrounding - 120,000 120,000 - 120,000 - - - - Transfers In - Water Fund - Nottingham-Puder Ditch Piping - 62,500 62,500 62,500 756,250 - - - - Transfers In - Equipment Replacement Fund - Water Slide - - 32,295 10,360 - - - - - - Pool Replastering 150,000 - - - - - - - - Total Other Sources 928,500 1,182,500 1,214,795 1,072,860 2,126,250 1,250,000 1,250,000 1,250,000 1,250,000 Total Revenues and Sources of Funds 8,365,908$ 4,577,500$ 4,609,795$ 7,492,860$ 9,126,250$ 5,825,000$ 5,800,000$ 5,800,000$ 5,800,000$ EXPENDITURES Capital Improvements: Facilities 1,856,104 1,585,000 2,731,895 3,037,760 3,761,000 650,000 - - 270,000 Land and Land Improvements 598,700 1,777,000 2,274,875 2,274,875 215,000 215,000 40,000 40,000 40,000 Roads and Streets 1,818,387 1,890,000 2,685,504 1,797,833 7,524,748 2,680,175 2,920,000 3,195,658 2,769,650 Projected 57 CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Final Original Amended Amended Proposed Audited Budget Budget #1 Budget Budget 2021 2022 2022 2022 2023 2024 2025 2026 2027 Projected Utility Projects 68,162 187,500 581,042 606,042 1,031,250 1,000,000 - - - Planning and Consulting - 100,000 100,000 100,000 175,000 50,000 - - - Communications and Technology 200,886 145,939 428,857 434,993 234,338 - - - - Debt Service: Capital Leases: - 2014 US Bank, Plow Truck 26,279 26,279 26,279 - - - - - - - 2017 Commerce Bank, Plow Truck, Electrician Lift Truck 55,720 55,720 55,720 55,720 55,720 55,720 - - - Total Expenditures 4,624,238 5,767,438 8,884,172 8,307,223 12,997,056 4,650,895 2,960,000 3,235,658 3,079,650 Other Uses: Transfers Out - General Fund: - Engineering Department Salary and Benefits 341,648 494,593 494,593 494,593 600,473 618,487 637,042 656,153 675,838 Transfers Out - Community Housing Fund: - Mi Casa Program - 597,699 597,699 597,669 734,871 - - - - Transfers Out - Debt Service Fund: - 2010 COPs (ARTF)700 - - - - - - - - - 2014B COPS (Street Improvements)321,543 319,119 319,119 319,119 321,544 318,666 320,637 317,304 318,820 - 2016 COPS (Public Safety Bldg.)450,925 448,375 448,375 448,375 447,475 443,475 449,325 448,225 446,425 - 2020 Refunding COPs 195,317 192,214 192,214 192,214 194,123 195,983 190,793 192,640 193,437 Transfers Out - Mobility Fund: - Diesel Buses (2) 200,000 - - - 200,000 - - - - - Electric Buses (2) - - - 400,000 - - - - - Transfers Out - Fleet Maintenance Fund: - 2020 COPs (Fleet Maintenance Bldg.)193,460 195,357 195,357 195,357 197,204 193,002 193,825 195,612 196,348 - 80/20 Match on Grant for Lifts - - - - 201,562 - - - - Transfers Out - Equipment Replacement Fund: - Street Sweeper and Loader 425,000 - - - - - - - - - Police Dept. Take-home Vehciles and Equipment - - - - 470,004 - - - - - Snow Plow - - - - - 301,181 - 319,512 - Total Other Uses 2,128,593 2,247,357 2,247,357 2,647,327 3,367,256 2,070,794 1,791,622 2,129,446 1,830,868 Total Expenditures and Uses of Funds 6,752,831 8,014,795 11,131,529 10,954,550 16,364,312 6,721,689 4,751,622 5,365,104 4,910,518 Net Source (Use) of Funds 1,613,077 (3,437,295) (6,521,734) (3,461,690) (7,238,062) (896,689) 1,048,378 434,896 889,482 Fund Balance, Beginning of Year 12,101,243 9,758,398 13,782,410 13,714,320 10,252,630 3,014,568 2,117,879 3,166,257 3,601,153 Fund Balance, End of Year 13,714,320$ 6,321,103$ 7,260,676$ 10,252,630$ 3,014,568$ 2,117,879$ 3,166,257$ 3,601,153$ 4,490,635$ 58 CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Final Original Amended Amended Proposed Audited Budget Budget #1 Budget Budget 2021 2022 2022 2022 2023 2024 2025 2026 2027 Projected Fund Balances Restricted For: Asphalt Overlay 455,210$ 455,210$ 455,210$ 455,210$ 455,210$ 455,210$ 455,210$ -$ -$ Assigned For: Asphalt Overlay - - - - 250,000 500,000 750,000 55,210 - Tract G/URA Projects 1,155,610 800,610 844,108 844,108 (2,430,892) (1,930,892) (930,892) 69,108 1,069,108 Unassigned:. Unreserved 12,103,500 5,065,283 5,961,358 8,953,312 4,740,250 3,093,561 2,891,939 3,476,835 3,421,527 Total Fund Balances 13,714,320$ 6,321,103$ 7,260,676$ 10,252,630$ 3,014,568$ 2,117,879$ 3,166,257$ 3,601,153$ 4,490,635$ 59 CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Final Estimated Total 2020 and Original Amended Amended Project Cost Proposed Project Prior Yr.Audited Budget Budget #1 Budget To-Date Budget Project #Capital Improvement Projects Budget Actuals 2021 2022 2022 2022 2022 2023 2024 2025 2026 2027 Facilities: General Government Facilities: 11019 Utility Upgrade 470,845$ 157,002$ 293,731$ -$ 32,945$ 32,945$ 483,678$ -$ -$ -$ -$ -$ 11021 Level 2 EV Charging Station - NTH 5,000 5,322 38 - - - 5,360 - - - - - 11023 New Town Hall 2nd and 3rd Floor Updates 130,000 3,335 33,423 - 93,242 93,242 130,000 - - - - - 11024 Asbestos Mitigation / Demolition 643,359 1,200 442,050 - - - 443,250 - - - - - 11025 H.A. Nottingham Park East Improvements 2,850,000 - 58,556 765,000 791,444 791,444 850,000 2,000,000 - - - - 11028 Office Furniture 153,184 - 27,184 - 76,000 76,000 103,184 50,000 - - - - 11029 Building Access Control 70,000 - - 70,000 70,000 70,000 70,000 - - - - - 11030 New Town Hall Front Entry ADA Access 25,000 - - - 25,000 25,000 25,000 - - - - - Building Door Replacements 105,000 - - - - - - 105,000 - - - - Public Safety Facilities: 12006 PSF Parking Lot Canopy Design 20,000 - 14,153 - 5,847 5,847 20,000 - - - - - 12007 Wildridge Emergency Warning Siren 356,436 - 28,436 25,000 328,000 328,000 356,436 - - - - - PSF HVAC BAS 75,000 - - - - - - - - - - 75,000 PSF Security Systems 155,000 - - - - - - - - - - 155,000 Public Works Facilities 13014 Public Works Facilities Expansion Planning 600,000 - - 100,000 100,000 100,000 100,000 500,000 - - - - Public Works Annex Roof (Wildridge)40,000 - - - - - - - - - - 40,000 Fleet and Transportation Facilities: 14010 Fleet Maintenance EPDM Roof Replacement 460,000 - 10,500 - 9,500 9,500 20,000 440,000 - - - - 14019 Bus Shelters 462,500 - - 240,000 270,000 462,500 462,500 - - - - - 14020 Fleet Maintenance - HVAC / AC 25,000 - - 25,000 25,000 25,000 25,000 - - - - - 14021 ARTF - Roof Improvements / Snow 50,000 - - 50,000 50,000 50,000 50,000 - - - - - 14022 ARTF - Roof Repair 90,000 - - - 90,000 90,000 90,000 - - - - - ARFT - Overhead Door Replacement 105,000 - - - - - - 105,000 - - - - ARTF - BAS / HVAC PM 165,600 - - - - - - 165,000 - - - - ARTF - Bus Wash Exit 125,000 - - - - - - 125,000 - - - - Cultural and Recreational Facilities: 15019 Pavilion - Deck Railing and Floor Replacement 425,600 95,434 301,719 - 28,447 28,447 425,600 - - - - - 15021 Recreation Center Locker Replacement 330,439 - 303,412 - 27,027 27,027 330,439 - - - - - 15023 Recreation Center HVAC Upgrade 250,000 - 7,500 - 242,500 242,500 250,000 - - - - - 15024 Recreation Center ADA Parking 20,865 - 865 10,000 9,135 20,000 20,865 - - - - - 15025 Metcalf Family Cabin Feasibility Analysis 20,000 - - - - - - 20,000 - - - - 15026 Recreation Center Yoga Studio Bathroom Conversion 30,000 - 28,690 - - - 28,690 - - - - - 15027 Recreation Center Jacuzzi Leak Repair 60,000 - 27,406 - - - 27,406 - - - - - 15028 Recreation Center Pool Replastering 205,000 - 202,980 - 2,020 2,020 205,000 - - - - - 15029 Recreation Center Aquatics Remodel Plan and Design 700,000 - 50,000 50,000 50,000 50,000 - 650,000 - - - 15030 Pavilion Ramp 100,000 - - 100,000 100,000 100,000 100,000 - - - - - 15031 Water Slide Repair and Diving Board 45,788 - - - 45,788 45,788 45,788 - - - - - Steam Room / Sauna 75,000 - - - - 75,000 75,000 - - - - - Projected 60 CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Final Estimated Total 2020 and Original Amended Amended Project Cost Proposed Project Prior Yr.Audited Budget Budget #1 Budget To-Date Budget Project #Capital Improvement Projects Budget Actuals 2021 2022 2022 2022 2022 2023 2024 2025 2026 2027 Projected Other Facilities: 19006 DC Fast EV Charging Station - Tract A 75,000 51,103 317 - - - 51,420 - - - - - 19007 Level 2 and DC Fast EV Charging Stations - Tract A 81,000 - 75,144 - - - 75,144 - - - - - 19008 EV Charging Stations (6)247,500 - - 110,000 220,000 247,500 247,500 - - - - - 19009 2120 Saddle Ridge Loop Window Replacement 40,000 - - 40,000 40,000 40,000 40,000 - - - - - Heat Recovery Controls Replacement 251,000 - - - - - - 251,000 - - - - Land and Land Improvements: 21027 O'Neil Spur Park Improvements Design 20,000 1,988 - - 18,012 18,012 20,000 - - - - - 21053 Nottingham Park West Courts Reconstruction 1,432,523 - 24,853 1,057,000 1,407,670 1,407,670 1,432,523 - - - - - 21054 Wildland Fire Mitigation 40,000 22,859 - 40,000 40,000 40,000 NA 40,000 40,000 40,000 40,000 40,000 21055 Power Line Undergrounding 120,000 - 333 120,000 120,000 120,000 120,333 - - - - - 21056 West Nottingham Park Improvements/Soccer Field 318,000 9,307 305,064 - - - 314,371 - - - - - 21057 O'Neil Spur Park Parking Lot Rebuild 100,000 - - - 100,000 100,000 100,000 - - - - - 21058 North Restrooms - Nottingham Lake Beach 540,000 - 19,942 490,000 520,058 520,058 540,000 - - - - - 21060 Nottingham Park Light Upgrade- Phase 2 281,200 - 247,643 - - - 247,643 - - - - - 21061 Beach Expansion Planning 20,000 - 865 20,000 19,135 19,135 20,000 - - - - - 21062 Nottingham Park - Irrigation Replacement Design 125,000 - - 50,000 50,000 50,000 50,000 75,000 - - - - Eaglebend Park Refresh 100,000 - - - - - - - 100,000 - - - Saddleridge Park Refresh 100,000 - - - - - - 25,000 75,000 - - - Park Water Fountain Replacement 75,000 - - - - - - 75,000 - - - - 61 CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Final Estimated Total 2020 and Original Amended Amended Project Cost Proposed Project Prior Yr.Audited Budget Budget #1 Budget To-Date Budget Project #Capital Improvement Projects Budget Actuals 2021 2022 2022 2022 2022 2023 2024 2025 2026 2027 Projected Roads and Streets: Streetscape Improvements: 31030 Mall Activation Elements 40,000 15,088 1,613 - 23,299 23,299 40,000 - - - - - 31031 Avon Rd./I70 Aesthetic Improvements 1,098,245 53,133 854,960 - 190,151 190,151 1,098,244 - - - - - 32035 Metcalf Road - Retaining Wall Stabilization 80,000 - - 80,000 80,000 80,000 80,000 - - - - - Post Blvd. Streetlight Replacement 200,000 - - - - - - - - - 200,000 - Annual Street Maintenance 32026 Retaining Wall Repairs - Nottingham & Swift Gulch Rd.200,000 - 6,179 - 143,821 143,821 150,000 50,000 - - - - 32030 Avon Road Safety Improvements 750,000 - - 150,000 150,000 150,000 150,000 150,000 150,000 150,000 - - 32031 Mikaela Way and Benchmark Rd. Asphalt Overlay 400,000 - 312,692 - - - 312,692 - - - - - 32032 Hurd Lane Intersection Improvements 20,000 - 7,030 - 12,970 12,970 20,000 - - - - - 32033 WB B/C Blvd - US Hwy 6 to Avon Elem.860,000 - - 515,000 515,000 30,000 30,000 830,000 - - - - 32034 Buck Creek Road Repairs 800,000 11,651 568,816 - - - 580,467 - - - - - 32036 Fawcett Road Asphalt Overlay 440,000 - - 375,000 375,000 - - 440,000 - - - - 32037 Avon Elem. School Sidewalk Repair 200,000 - - 200,000 200,000 - - - - - - - 32038 Metcalf Road Culvert Repair 450,000 - 41,610 - 408,390 408,390 450,000 - - - - - 32040 Metcalf Road Manhole Repair 14,000 - - - 14,000 14,000 14,000 - - - - - 32041 Millie's Lane Asphalt Overly 46,523 - - - - 46,523 46,523 - - - - - 32042 East Beaver Creek Blvd. Repair Project 28,806 - - - - 28,806 28,806 - - - - - 33220 Annual Guard Rail Repair 40,000 38,668 7,035 40,000 40,000 40,000 NA 40,000 40,000 40,000 40,000 40,000 Lake Street / Riverfront Asphalt Overlay 890,000 - - - - - - - - - 81,000 809,000 Upper Buck Creek Repairs / Asphalt Overlay 1,292,748 - - - - - - 1,292,748 - - - - Post Blvd. Asphalt Overlay 2,750,000 - - - - - - - 250,000 2,500,000 - - Swift Gulch Road - Buffalo Ridge Asphalt Overlay 673,474 - - - - - - 60,000 613,474 - - - Swift Gulch Road - East Asphalt overlay 440,000 - - - - - - - - - 40,000 400,000 Avon Road Asphalt Overlay 1,558,955 - - - - - - - - 140,000 1,418,955 - Old Trail Road Asphalt Overlay 689,701 - - - - - - 63,000 626,701 - - - Wildridge Road Asphalt Overlay 435,325 - - - - - - - - - - 435,325 WBCB River Bridge Deck Repair Railing Upgrade 250,000 - - - - 25,000 25,000 225,000 - - - 435,325 WBCB - Elementary School to Lake St Asphalt Overlay 650,000 - - - - - - - - - - 650,000 Asphalt Seal Coat Roadway & Parking Lots 200,000 - - - - - - 200,000 - - - - Avon Road Pedestrian Crosswalk Repairs 50,000 - - - - - - 50,000 - - - - Multi-Modal/Alternative Mobility: 34039 US Hwy 6 Safety and Mobility Improvements Project 3,180,000 - - 380,000 380,000 380,000 380,000 2,800,000 - - - - 34040 West B/C Blvd./ Beach On-street Parking Imp.10,325 - 10,325 - - - 10,325 - - - - - 34044 June Creek Emergency Access 110,000 7,127 100,000 102,873 102,873 110,000 - - - - - W. Main Street Mall Improvements 1,500,000 - - - - - - - 1,000,000 - 500,000 - 62 CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Final Estimated Total 2020 and Original Amended Amended Project Cost Proposed Project Prior Yr.Audited Budget Budget #1 Budget To-Date Budget Project #Capital Improvement Projects Budget Actuals 2021 2022 2022 2022 2022 2023 2024 2025 2026 2027 Projected Recreational Trails Program: 34041 Lee's Way Rebuild 50,000 - - 50,000 50,000 50,000 50,000 - - - - - 34043 West Avon Preserve Trail Improvements 57,000 52,464 1,000 - - - 53,464 - - - - - Recreation Trail Path Recon. - Lower Athletic Field 866,000 - - - - 72,000 72,000 794,000 - - - - Recreation Trail Path Recon. - WBCB to Spillway 665,138 - - - - - - - - 60,000 605,138 - Hurd Lane - Recreation Trail Reconstruction - - - - - - 205,000 - - - - Eagle Valley Trail - West Reconstruction - - - - - - 325,000 - - - - Nottingham Park Rec Trail - North - - - - - - - - 30,000 310,565 - Utility Projects: 21026 Nottingham Rd. Debris Flow Improvements and Water Qual 600,810 200,134 64,056 - 336,620 336,620 600,810 - - - - - 21028 Avon Road Water Quality Vault Projects 315,000 253,972 4,106 - 56,922 56,922 315,000 - - - - - 21029 GIS Implementation - Drainage Infrastructure Layers 125,000 - - 75,000 75,000 100,000 100,000 125,000 - - - - 61011 Tract A Drainage Improvements 50,000 - - 50,000 50,000 50,000 50,000 - - - - - 61012 Nottingham-Puder Ditch Piping 818,750 - - 62,500 62,500 62,500 62,500 756,250 - - - - 330 Nottingham Road Drainage Improvements 575,000 - - - - - - 75,000 500,000 - - - 400 WBCB Drainage Improvements 575,000 - - - - - - 75,000 500,000 - - - Planning and Consulting: 79114 Schematic Design / Final Design - W. Main Street 275,000 - - 100,000 100,000 100,000 100,000 175,000 - - - - Faciloity Reserve Study 50,000 - - - - - - - 50,000 - - - Communications and Technology: e-Gov.: 81011 Broadband 125,000 - 44,598 - 20,402 20,402 65,000 60,000 - - - - 81012 Fiber - CDOT Hand hold to PSF 80,000 - - - - - - 80,000 - - - - 81013 RR Bridge LED Messaging Boards 75,000 - 55,930 - - - 55,930 - - - - - 81014 Permanent Variable Message Boards (3)150,000 - 17,719 - 132,281 132,281 150,000 - - - - - 81015 Finance/Comm Dev./HR ERP & HRIS Systems 275,290 142,756 22,299 - 110,235 110,235 275,290 - - - - - 81016 Mini-split NTH Data Center 20,000 - - - 20,000 20,000 20,000 - - - - - 81017 Firearms Simulator 32,000 - 32,000 - - - 32,000 - - - - - 81018 Hybrid Meeting Technical Improvements 30,000 - 28,340 - - - 28,340 - - - - - 81019 Microsoft Teams Phone System Migration 64,413 - 38,939 38,939 45,075 45,075 19,338 - - - - 81020 Survellance NVR Server Consolidation and Replacement 32,000 - 32,000 32,000 32,000 32,000 - - - - - 81021 Nottingham Park Wi-Fi Access 150,000 - - 75,000 75,000 75,000 75,000 75,000 - - - - Total Capital Improvement Projects 39,815,342$ 1,115,416$ 4,542,239$ 5,685,439$ 8,802,173$ 8,251,503$ 13,760,596$ 12,941,336$ 4,595,175$ 2,960,000$ 3,235,658$ 3,079,650$ 63 Capital Expenditures by Funding Source 2023 2024 2025 2026 2027 Total FUNDING SOURCES Real Estate Transfer Tax 4,500,000$ 4,500,000$ 4,500,000$ 4,500,000$ 4,500,000$ 22,500,000$ Interest Earnings 300,000 75,000 50,000 50,000 50,000 525,000 Intergovernmental and Other 2,200,000 - - - - 2,200,000 Transfers In and Fund Balances 12,378,880 1,250,000 1,250,000 1,250,000 1,250,000 17,378,880 TOTAL 19,378,880$ 5,825,000$ 5,800,000$ 5,800,000$ 5,800,000$ 42,603,880$ CAPITAL COST BY CATEGORY Roads and Streets 7,524,748$ 2,680,175$ 2,920,000$ 3,195,658$ 2,769,650$ 19,090,231$ Facilities and Land Improvements 3,976,000 865,000 40,000 40,000 310,000 5,231,000 Utility Projects and Technology 1,265,588 1,000,000 - - - 2,265,588 Planning & Consulting 175,000 50,000 - - - 225,000 Capital Leases 55,720 55,720 - - - 111,440 Tranfers Out 3,367,256 2,070,794 1,791,622 2,129,446 1,830,868 11,189,986 TOTAL 16,364,312$ 6,721,689$ 4,751,622$ 5,365,104$ 4,910,518$ 38,113,245$ Real Estate Transfer Tax 52.81% Interest Earnings 1.23% Intergovernmental and Other 5.16% Transfers In and Fund Balances 40.79% 2023-2027 Funding Sources Roads and Streets 50.09% Facilities and Land Improvements 13.72% Utility Projects and Technology 5.94% Planning & Consulting 0.59% Capital Leases 0.29% Tranfers Out 29.36% 2023-2027 Capital Costs by Category TOWN OF AVON Capital Projects Fund #41 64 2023 CAPITAL IMPROVEMENT PROJECT DESCRIPTIONS: Harry. A. Nottingham Park East Improvements: Council has provided direction that additional public restrooms for Nottingham Park are desired to support events of 1,500 to 2,000 persons. The location of the new public restrooms would be on the former Town Hall site. This project also includes improvements to the existing patio on the east side of the old Town Hall and replacement and upgrade of the retaining/seating wall along the recreation path. The project was bid out in June and no bids were received at the bid opening in July. We will present future options for the project at a January 2023 Council meeting. FIGURE: Harry A. Nottingham Park East Restrooms Office Furniture: The addition of several new staff positions will require the associated furniture. The furniture will match the same design and functionality of the furniture recently purchased in Town Hall. The project budget is $50,000. Building Door Replacements: Exterior doors at the Recreation Center, Town Hall and Pavilion no long function properly and need to be replaced. Doors proposed for replacement include Town Hall which were not replaced during the remodel, pavilion basement damaged from water intrusion, Recreation Center damaged due to age. The door replacements are consolidated into a Capital Project with a budget of $105,000. Public Works Facilities Master Planning: Public Works Operations, Engineering and Facilities divisions need to be relocated to make room for future transit expansion. This project will develop space and staffing needs based on Town build-out and create a vision for the site to accommodate these departments. Potential locations include 375 Yoder Ave or the upper bench at 500 Swift Gulch Road. The Public Works Master Planning budget is $100,000 in 2022 and $500,000 in 2023. The project is in the initial assessment and programming phase. 65 MAP: Town Owned Properties to be Considered for Future Public Works Operations Facilities Fleet Roof Replacement: The Fleet Roof is 26-years old and at the end of its useful life. The project will replace the membrane roof with new membrane extending the life another 25-years. The installation of solar photovoltaic panels will be included in the project since the building is south facing and has excellent solar exposure. The project budget is $340,000 for the membrane roof system and $100,000 for the installation of solar panels. 66 PHOTO: Fleet Maintenance Building Avon Regional Transit Facility Maintenance Program: The Avon Regional Transit Facility is 10-years old and requires maintenance to ensure the building is operated efficiently. Proposed projects include reconstruction of the overhead doors, upgrade of the heating, ventilation and air condition building automation system and drainage improvements at the bus wash exit. The total budget for the three projects is $395,600. PHOTO: Asphalt Surface Deterioration at Bus Wash Exit Metcalf Family Cabin Feasibility Analysis: The Metcalf Cabin is located off the southeast shore of Harry A. Nottingham Park, south of the stage and north of the parks garage. It is a 26-FT x 26-FT structure that rests on a concrete block foundation and was moved to this location in the 1980s. Over they years the building has started to show signs of deterioration. This analysis will examine the building’s structural integrity and propose conceptual remediation options. Project budget is $20,000. 67 PHOTO: Metcalf Cabin located Harry A. Nottingham Park MAP: Metcalf Cabin Location Heat Recovery Controls Replacement: The heat recovery system captures waste sewer effluent heat and transfers it to the Recreation Center pools and Town Hall HVAC system. The heat recovery project was completed in 2010 and the controls are original. Electronic controls typically last only 10-years and are scheduled for replacement. The project is recommended to be completed in partnership with the Recreation 68 Center HVAC controls project to ensure the 2 systems communicate with each other, which they do not currently do. The project budget is $251,000 and is in design. MAP: Heat Recovery System Wildfire Mitigation: The Town has a yearly program to reduce fuel for future wildfires. In 2022 fire breaks were installed in the West Avon Preserve to protect the western side of Wildridge. The 2023 fuel reduction zone is proposed for the east side of Wildridge. If there are remaining funds, fuel will be removed from Town owned properties within Wildridge. Future zones will be north and west of Wildridge and require Forest Service permits. The project budget is $40,000 per year. 69 MAP: 2023 Wildfire Fuel Reduction Zone Irrigation System Improvements Design: The Town of Avon operates a non-potable irrigation system for Town owned properties including Harry A. Nottingham Park, Main Street Mall, Avon Road and West Bever Creek Blvd. The system was initially installed in 1980 and has been expanded, modified and repaired in a piecemeal fashion over the last 40-years. The system is difficult to maintain and operate in an effective and efficient manner contributing to high operation expenses, wasted water, and increased downtime. This project will assess the condition of the system and make recommendation to phase improvements to the system. The project budget is $50,000 in 2022 and $75,000 in 2023. Saddleridge and Eaglebend Park Improvements: The Saddleridge and Eaglebend Parks are over 20- years old and are due to be renovated. The Eaglebend Park will be impacted by construction of the McGrady Acres development which contributed $249,667 to the project. The Recreation Department will seek out state and federal grant opportunities to contribute the project cost. The project budget is $25,000 in 2023 for design and $175,000 in 2024 for construction. 70 MAP: Saddleridge Pocket Park MAP: Eaglebend Park Park Water Fountain Replacement: There are 3 water fountains in Harry A. Nottingham Park that are over 10-years old and no longer have parts that are readily available, do not have bottle fillers, and do not meet American with Disability Act requirements. The project will replace the fountains and incorporate concrete pads that meet American with Disability Act requirements. The project budget is $75,000. Retaining Wall Repairs – Nottingham Road: The existing retaining wall along the recreation trail parallel to Nottingham Road was constructed in the mid-1990s. The top of the wall and safety railing is deteriorating 71 and needs to be repaired. The railing was repaired in 2022 and the wall will be repaired in 2023. The project budget is $150,000 in 2022 and $50,000 in 2023. MAP: Nottingham Road Recreation Trail Avon Road Safety Improvements: Council approved $150,000 per year in the 5-year Capital Improvements Program to analyze the existing road and roundabout configurations and recommend safety improvements. The initial project report is scheduled to be completed in November 2022. The report will specify safety projects to be incorporated in the Capital Projects Program. This is a continuation of the program started in 2022. Street Improvements Program: The Engineering Department accesses the condition of the Town’s Street network each year and recommends improvements for the 5-year Capital Project Plan. We recommend the following streets be included in the 2023 Street Improvements Program: Projects to be constructed in 2023 • Fawcett Road Budget: $440,000 • W. Beaver Creek Blvd, US6 to Avon Elementary School Budget $ 860,000 • Buck Creek Road, Upper Section Budget: $1,292,748 Projects to be designed in 2023 and built in 2024 • Swift Gulch Road from 500 Swift through Buffalo Ridge Budget: $663,474 • Old Trail Road Budget: 689,701 The street improvement projects include the following if applicable: • Removal of top 2” of asphalt (milling) • Repair damaged asphalt 72 • Placement of new 2” of asphalt • Sidewalk Repairs • American with Disability Act Ramp repairs and replacement Fawcett Road and Swift Gulch Road are located in the Village (at Avon) and are eligible to be paid from the remaining $455,210 in the Village (at Avon) asphalt overlay account. MAP: 2023 Street Improvement Program Annual Guard Rail Repair: Council approved $40,000 per year for the repair and maintenance of guardrail throughout Town. West Beaver Creek Blvd Eagle River Bridge Project: The West Beaver Creek Blvd Bridge over the Eagle River is due for maintenance and resurfacing. Council requested the bridge railing be reconstructed to improve pedestrian and bicyclist safety. The project budget is $250,000. 73 PHOTO: West Beaver Creek Blvd Bridge over the Eagle River Asphalt Seal Coat Roadway and Parking Lots: The Town will implement an asphalt seal coat program to extend the life the asphalt surface. The selected parking lots and roads will be identified in early 2023 for sealing in summer 2023. Project Budget is $200,000. Avon Road Pedestrian Crosswalk Repairs: The concrete paver crosswalks on Avon Road and Benchmark Road are deteriorating and require reconstruction. The project is scheduled for 2023 and the budget is $50,000. US6 Safety and Mobility Improvements Project (Stonebridge Roundabout). The US6 Safety and Mobility Improvements Project includes a roundabout at the Stonebridge and US6 intersection and 3 pedestrian crossings across US6. The design status is 60%. With the need to relocate an access driveway and the increase in hardscape for the Roundabout, the Engineer’s Probable Construction Cost Estimate is $4,200,000. The original planning estimate was $2,500,000 ($2,000,000 CDOT grant, $200,000 Eagle County Contribution, $300,000 Avon Contribution.) Staff recently received another $1M grant from CDOT bringing the total project budget to $3.5M. With $500K set aside for design, the anticipated shortfall for construction is $1.2M. Staff is proposing to add another $600K to the 2023 CIP program and request Eagle County to support the $600K difference. Staff will continue to work with all stakeholders for project contributions. 74 MAP: Stonebridge Drive and US6 Roundabout Location Harry A. Nottingham Park Path Replacement. This project will replace the path in the west side of Harry A. Nottingham Park from the dam to the pickleball courts is due for a full replacement. Included with this upgrade is an investigation of the feasibility of extending a new path between the railroad tracks and Avon Water Treatment Plant. The project budget is $72,000 in 2022 for design and $794,000 for construction. MAP: Recreation Trail Replacement and Trail Connector 75 PHOTO: Recreation Path in Harry A. Nottingham Park due for Full Replacement. Recreation Trail Reconstruction – Hurd Lane and Eagle Valley Trail West: The Recreation Trails throughout Avon are over 20-years old, and several segments are due for reconstruction. The trail segments are deteriorating because of age and root damage. The 2 sections recommended for reconstruction in 2023 are Hurd Lane and the Eagle Valley Trail West near Brookside Condominiums. The project budgets are $205,000 for Hurd Lane and $325,000 for Eagle Valley Trail West. The projects are scheduled for 2023 construction. MAP: Hurd Lane and Eagle Valley Trail West (Brookside) Recreation Trails 76 GIS Implementation: In 2021, the Town began implementing a Geographic Information System (GIS) to track and maintain infrastructure. The first components were the drainage network, irrigation system and streetlights. The 2023 program will include completion of the irrigation system, transit network and Community Development data. The project budget is for $125,000 in 2023. PHOTO: View of GIS drainage data collected in 2022 Nottingham Puder Ditch Repair. The Nottingham Puder Ditch diverts water from the Eagle River near the Eagle-Vail I70 interchange and terminates at Buck Creek near the Public Safety Facility. The ditch provides irrigation water to Post Blvd, East Beaver Creek Blvd, the Public Safety Facility, as well as Nottingham Lake if needed. It will eventually provide water to park facilities in the Village (at Avon) development. The ditch is partially piped through developed portions of the Village (at Avon). The non-piped section from the head gate to the Village (at Avon) leaks approximately 2 cubic feet per second when operating, or 357 acre-feet per year, approximately the size of Benchmark Lake in Harry A. Nottingham Park. The project budget includes $62,500 for design in 2022 and $756,250 for construction in 2023. 77 MAP: Nottingham Puder Ditch. - Segment Due for Repairs is in Red 78 Flood Mitigation Improvements: We are working on the following mitigation strategies to reduce the impact of future large rainfall events: 1. The Town’s drainage infrastructure will be mapped this summer and catalogued using Geographic Information Systems software. This will allow staff to assess the condition of infrastructure, track maintenance activities and recommend future improvements. The system mapping is complete and is being “ground checked”. The data will be used to track the maintenance of the system and develop future improvement projects. 2. The large amount of mud and debris generated from rainfall clogs stormwater pipes during major events. Alden Research Laboratory, LLC is assessing the existing drainage pipe infrastructure and developing surface routes when feasible, rather than pipes, to reduce risk of clogging and subsequent property damage. 3. Develop regional mitigation measures along Nottingham Road, Swift Gulch Road and West Beaver Creek Blvd. to reduce future damage to private developments and public infrastructure including Avon Road. These projects will take several years to design and implement. Additional drainage easements on private property will likely be required depending on final project designs. 4. The federal grant applications are due on November 1st. The Town will apply for grants to construct regional mitigation measures. The existing Nottingham Road Debris Flow project budget is $600,000 of which $177,000 is remaining and will be carried forward into 2023. An erosion control reduction project located at 540 Nottingham Road is currently in design and planned for construction in 2023. Future projects include improved drainage facilities and flood mitigation measures located near 330 Nottingham Road adjacent to Sonnen Halde condominiums, and 400 West Beaver Creek Blvd adjacent to Beaver Bench/Beaver Creek West condominiums. We are currently applying for FEMA grants to assist with the financing of the 330 Nottingham Road and 400 W. Beaver Creek Blvd projects. The 5-year Capital Program includes $75,000 for design in 2023 and $500,000 for construction in 2024 for the 2 projects. This is a place holder and will be further refined during the development of the projects and the grant application process. MAP: Flood Mitigation Project Locations 79 La Zona, formally the Main Street Mall Extension: The La Zona project, formally called Main Street Mall extension, involves planning for redevelopment of the former fire station site, recreation center and extension of the Main Street Mall to Lake Street. The budget includes $175,000 for planning and design in 2023. Broadband: The Town of Avon is evaluating partnering with a private company to provide broadband internet throughout the valley floor. This project will fund feasibility studies and technical assistance to assist Council with deciding whether to move forward. The project budget is $75,000 in 2023. Fiber – CDOT Hand hold to PSF: The existing Town owned fiber network is based in the Public Safety Facility and connects to Town Hall, Recreation Center and Public Works Facilities. This project will connect the THOR fiber network in the I70 right-of-way to the Public Safety Facility for connection with the Town fiber network. The project budget is $80,000 and is scheduled for 2023. Microsoft Teams System Integration. In 2022, the Town started the migration from Skype to Microsoft Teams for its telephone and video conferencing system. The 2023 project will purchase and install video conference systems compatible with the Teams system. The budget includes $45,075 in 2022 and $19,338 in 2023. Nottingham Park Wi-Fi. The Town provides Wi-Fi in Nottingham Park for Town Operations and to support special events operations. This project will enhance the coverage in the east side of the park near upper athletic field and the west courts. This project will not provide Wi-Fi for the public during major special events due to the excessive costs involved. The project budget is $75,000 in 2022 and $75,000 in 2023. 80 FinalOriginalRevised ProposedActualBudgetBudgetBudget2021202220222023 Personnel Services 1,153,975$ 1,569,429$ 1,707,309$ 1,987,483$ Commodities 47,409 52,501 58,582 72,758 Purchased & Contract Services 661,332 852,959 986,816 1,220,767 Other Operating Costs 527,182 734,596 691,237 905,212 Capital Outlay 13,721 12,549 20,549 15,518 Total 2,403,619$ 3,222,034$ 3,464,493$ 4,201,738$ Mayor and Town Council 247,434$ 306,106$ 317,529$ 285,840$ Town Attorney/Legal 195,295 245,000 245,000 229,000 Town Clerk 136,058 144,770 145,660 164,717 Municipal Court 115,125 198,721 199,660 208,105 Administrative Services 443,512 615,576 762,334 841,857 Community Relations 270,790 321,996 327,295 352,495 Economic Development 154,020 200,998 205,998 282,170 Special Events 741,165 1,089,617 1,141,467 1,524,117 Community Grants 100,200 99,250 99,250 120,250 Sustainability - - 20,300 193,187 Total 2,403,599$ 3,222,034$ 3,464,493$ 4,201,738$ The General Government Department includes the legislative, general administrative services, legal, municipal court, culture, arts, special events, communications and marketing, sustainability, and economic development functions of the Town. These functions are performed by the Council, Town Manager, Town Clerk, Town Attorney, Municipal Court Judge, and various Town Staff. SUMMARY OF CHANGES FROM PREVIOUS YEAR One full-time, year-round special events employee is proposed for 2023. This is a change from the proposed split position in 2022 between public works in the winter and special events in the summer. That position was never filled and the 2023 recommendation is hire a full-time production assistant to help meet the high level of service demanded in special events. Also in the 2023 budget, a sustainability program has been added and these expenditures have been split-off from general administrative services expenditures. Finally, a Deputy Town Manager position was filled mid-year and oversees the division of General Government, Finance and IT, as well as Human Resources and Risk Management. This change in organizational structure met the proposal outlined by the Town Manager ealier this year. BUDGET SUMMARY: GENERAL GOVERNMENT DEPARTMENT ADMINISTRATION OF THE DEPARTMENT The Town Manager is the Chief Executive and Administrative Officer for the Town of Avon and oversees all operations and activities of the Town. The expenditures for the Town Manager are accounted for entirely in General Government and not allocated proportionately among departments and funds. DEPARTMENT EXPENDITURES BY CATEGORY DEPARTMENT EXPENDITURES BY PROGRAM 81 FinalOriginalRevised ProposedActualBudgetBudgetBudget2021202220222023 Town Manager 1 1 1 1 Deputy Town Manager 0 0 1 1 General Government Manager 1 1 1 1 General Government Intern 1 1 1 0.5 Communications Manager 1 1 1 1 Town Clerk 1 1 1 1 Deputy Town Clerk / Municipal Court Administrator 1 1.3 1.3 1.3 Grants Administrator 0 1 0 0 Cultural Arts and Special Events Manager 1 1 1 1 Special Events Coordinator 0 1 1 1 Special Events Operator 0 0.5 0 0 Sustainability Coordinator 0 0 1 1 Special Events Production Assistant 0 0 0 1 Total 7 9.8 10.3 10.8 Municipal Court: Avon’s Home Rule Charter Section 10.2 establishes the Municipal Court that has “exclusive original jurisdiction of all causes arising under the ordinances of the town as may be conferred by law”. The Town Council appoints the Town Prosecutor and the Municipal Judge, who presides over the Court to hear violations of the Town of Avon Ordinances. ADMINISTRATION Administrative Services: Appointed by the Council and serving as the Chief Executive and Administrative Officer, the Town Manager, in addition to general administrative responsibilities, is tasked with enforcing the laws and ordinances of the Town, oversight of all Town personnel, the preparation and implementation of the annual budget, attending Council meetings and participating in discussions with the Council in an advisory capacity, and establishing a system of accounting and auditing for the Town. This program also contains the position of the Deputy Town Manager, General Government Manager and the General Government Intern. Town Council: The Town Council elects the Mayor, and together the elected officials serve as the legislative body for the Town, setting policy and adopting and updating the Municipal Code, as needed. Contributions to outside agencies and economic development investments, which are provided funding to other agencies, are approved by the Town Council. JUDICIAL Town Attorney: The Town Attorney, appointed by the Town Council and is a contracted position. The Attorney serves as the legal representative of the Town, advising the Town Council and staff, and coordinating with special counsel appointments. AUTHORIZED POSITIONS PROGRAM ACTIVITIES AND OPERATIONS: GENERAL GOVERNMENT LEGISLATIVE 82 Special Events Administration & Production: Responsible for the special event development operations of all special events in the Town of Avon, including Town-produced events, such as Salute to the USA, and events put on by outside producers. The staff provides administrative support to the Cultural, Arts and Special Events (CASE) Committee. The CASE Manager oversees two full- time employees, part-time staff including bar managers and bartenders and the Town's volunteers. Community Grants: This account includes all grant monies the Council approves for use by outside agencies, which include economic development, art and cultural programs, regional environmental projects and health and human service needs. Community Relations: The Community Relations office plays a primary role in communicating with Town of Avon residents through the accurate and consistent flow of public information, through the media and Town's website to fully inform the Town’s various constituencies on activities, agendas and programs. Town Clerk: The Town Clerk’s office is responsible for maintaining the Town’s official records and the minutes of all meetings, as well as providing notifications to the public per the Town’s Charter. The office is responsible for the administration of municipal elections and for the administration of liquor licenses. The Clerk’s office also responds to citizen inquiries concerning Town legislation and public records requests. Sustainability: This account includes expenses the Council approves for use by the sustainability coordinator, which include waste diversion programs including recycling & composting, public education inititivates, memberships of sustainbility-related organizations and other sustainbility related needs. 83 FinalApprovedRevised ProposedActualBudgetBudgetBudget2021202220222023 Personnel Services 471,726$ 527,443$ 531,996$ 387,297$ Commodities 35,388 46,900 53,250 53,187 Purchased and Contract Services 24,664 65,938 65,938 64,613 Other Operating Costs 58,806 69,466 69,466 95,466 Capital Outlay 1,244 3,150 3,150 - Total 591,828$ 712,897$ 723,800$ 600,563$ Human Resources 591,828$ 712,897$ 723,800$ 600,563$ Total 591,828$ 712,897$ 723,800$ 600,563$ BUDGET SUMMARY: HUMAN RESOURCES AND RISK MANAGEMENT DEPARTMENT Essential functions of the Human Resources and Risk Management Department include recruitment, hiring, employee relations and performance management; managing and administering the compensation and benefits programs; oversight of the Town’s risk management and safety programs, policy development and compliance; establishing appropriate safety training and professional development plans, as well as creating an organizational culture that prioritizes performance according to Town of Avon values. ADMINISTRATION OF THE DEPARTMENT The Human Resources Department is overseen by the Human Resources Manager, who reports directly to the Deputy Town Manager, and is responsible for providing leadership in developing and implementing the Human Resources programs overseeing all administrative, legislative, and fiscal operations necessary to assure quality management of core human resources, safety, property and liability functions for the Town. SUMMARY OF CHANGES FROM PREVIOUS YEAR DEPARTMENT EXPENDITURES BY CATEGORY DEPARTMENT EXPENDITURES BY PROGRAM For 2023, HR & Risk will see a reduction in one full-time staff position in an effort to reallocate resources to other town priorities. The Human Resources Manager will provide the development, oversight and administration of these programs. (replacing the Human Resources Director). The changes and focus for the 2023 budget year include making improvements to a number of HR & safety functions and creating more efficiencies offered with the completion of the software transition to Human Resources Information System (HRIS). The software implementation offers better services and outcomes related to employee self services, performance management as well as onboarding and exit processes. 84 FinalOriginalRevised ProposedActualBudgetBudgetBudget2021202220222023Human Resources Director 1 1 1 0 Human Resources & Risk Manager 1 1 1 1 Human Resources & Risk Mgmt Generalist II 1 1 1 1 Human Resources & Risk Mgmt Generalist I 0.7 0.7 1 1 Total 3.7 3.7 4 3 Compensation and Benefits Administration HR Technology, Innovation and Employee Records Organizational Culture and Employee Relations Policy Development and Compliance Recruitment and Selection Manages the Human Resources Information System (HRIS) and its related development; maintains townwide employee records and personnel actions, including the processing of unemployment claims; and develops and maintains the Town's Employee Intranet. Provides support to department directors to strengthen the employer-employee relationship through measuring job satisfaction, employee engagement and resolving workplace conflict. Executes a variety of employee events including Health Fair, Summer Employee Recognition, Holiday Party, Open Enrollment, and Wellness Initiatives. Reviews and makes recommendations for improvement of the Town's policies, procedures and practices on personnel and risk management matters. Responsible for monitoring local, state and federal employment laws and court rulings to ensure the Town remains fully compliant with all applicable laws and/or directions. Works closely with the departments to assist with assessments in relation to current staffing levels and advertising for vacant positions. Provides full lifecycle recruitment services including scheduling interviews and screening, selecting, hiring, and onboarding for all position types and job levels including executive, technical, administrative, seasonal, and other specialized job classifications. Develops compensation outlines for newly created positions. Conducts and reviews salary comparisons and market adjustment surveys, evaluates and analyzes pay practice data to determine market competitiveness, and develops and administers the Town’s compensation structures and classification policies. Assist in the development and implementation of the Town’s retirement plans and group health insurance plan; providing support in the areas of plan elections, medical, dental, vision, disability coverages. PROGRAM ACTIVITIES AND OPERATIONS: HUMAN RESOURCES General Human Resources Supports the Town Leadership Team in providing highly relevant guidance and coaching on a wide array of people issues. Supports TOA employees by providing a robust series of services and benefits, seeking to make Town of Avon an attractive workplace. HR maintains currency on best HR practices in the municipal world, and in our geography, and works to keep all HR staff current on HR practices in general by providing continuing education opportunities. AUTHORIZED POSITIONS 85 Risk Management and Safety Oversees the administration of the Town's risk management and safety programs, including workers' compensation and property and liability insurance. Manages the Town's safety committee meetings, employee workplace safety training, workplace injury and property and liability reporting, modified duty and return-to-work programs, annual property tours, facility and equipment appraisal, annual risk management and safety insurance audits and renewals, and state workers compensation recertification program. Training and Development Develops, in collaboration with department directors, training and professional development programs that address employee training needs and improves teamwork, through initiatives including, but not limited to, new employee orientation, performance management training, leadership training and strengthening the Town's culture. Supports department heads when subject-specific training needs to be identified. 86 Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 Personnel Services 1,091,037$ 1,216,873$ 1,196,785$ 1,393,402$ Commodities 38,626 42,677 16,367 42,450 Purchased & Contract Services 478,796 454,118 446,057 413,833 Other Operating Costs 445,484 335,875 427,213 525,826 Capital Outlay 9,620 1,600 8,900 - Total 2,063,563$ 2,051,143$ 2,095,322$ 2,375,511$ Finance 867,088$ 1,009,195$ 1,084,528$ 1,223,628$ Information Technology 452,877 577,324 589,564 616,380 Nondepartmental 743,598 422,848 421,230 535,503 Total 2,063,563$ 2,009,367$ 2,095,322$ 2,375,511$ Finance Director 1 1 1 1 Deputy Finance Director 0 0 0 1 Finance Manager 1 1 1 1 Senior Accountant 1 1 1 1 Payroll Administrator 1 1 1 1 Accountant I-II 2 3 3 3 IT Manager 1 1 1 1 Help Desk Technician 1 1 1 1 Total 8 9 9 10 The Finance Department is responsible for all financial activities of the Town and maintaining its fiscal integrity. The Department is also responsible for the Town's information technology systems. ADMINISTRATION OF THE DEPARTMENT BUDGET SUMMARY: FINANCE AND IT DEPARTMENT AUTHORIZED POSITIONS DEPARTMENT EXPENDITURES BY PROGRAM DEPARTMENT EXPENDITURES BY CATEGORY SUMMARY OF CHANGES FROM PREVIOUS YEAR The Finance Department is administered by the Assistant Town Manager/Finance Director who spends approximately 35% of time in finance administration, accounting and auditing, and another 40% in budgeting and long-range planning activities. The remainder of the time is split between debt administration, treasury management, and benefits administration. The Finance Division is managed on a day-to-day basis by the Finance Manager. The Information Technology division is managed by the Town's Information Technology Manager. The Finance Department successfully went live with a new Enterprise Resource Planning system beginning in January, 2021 and a new purchasing card system in March, 2021. These changes have resulted in the improvement of many core Finance processes and increased efficiency and productivity. The Finance Department intends to replace the existing timekeeping system in late 2022 or early 2023 to better integrate with the new ERP system and result in additional efficiency. The current Finance Director will retire in late 2023. A Deputy Finance Director position has been added to the 2023 budget in order for the Town to have time for a smooth transition to the a new Finance Director. 87 IT Network Administration: Includes maintaining the Town's computer network systems, telephone systems, servers, security, routine maintenance & upgrades of hardware and software, documentation & disaster recovery. Customer Service: Provides support and service to all Town computer and telephone users. Log calls, resolve issues, track requests for equipment, software and training. Technology Planning: Continuously evaluates new technologies that can assist the Town in being more efficient. NONDEPARTMENTAL Central Services and Stores: The nondepartmental program budgets and reports those costs that are impractical or administratively burdensome to be reported in another program. Includes the budget for the Town's central office supply stores and the Town's main Xerox copier. Also includes the Town's general property and liability insurance coverages, and the Town's telephony and internet connections. Accounting and Financial Reporting: Includes accounts payable and payroll processing and general accounting; revenue collection, compliance, licensing and administration; procurement compliance and fixed asset inventory; internal control structure and asset safekeeping; and preparation of the Town's comprehensive annual financial report. Budgeting and Long-range Planning: Includes establishing budgetary policies, coordination of the budget process and preparation of the annual budget document. Also includes the Capital Improvement Program and preparing the 5- year Capital Improvement Plan, various other financial modeling, and gathering and reporting on economic and financial statistical information and analysis. Debt Administration and Treasury Management: Debt administration includes capital planning and analysis, debt issuance, meeting on-going disclosure and bond covenant requirements, maintaining credit ratings and investing bond proceeds. Treasury management includes establishing and reviewing cash controls, monitoring cash collection and disbursement procedures, forecasting, maintaining banking relations, cash management services, establishing investment policies and portfolio management. Benefits Administration: Includes financial analysis of self-insurance pools and renewals, reconciliation of departmental claims to premium invoices, reserve accounting and human resources support. Other responsibilities include retirement plan administration and support. Finance Director and Finance Manager serve on the retirement boards. FINANCE PROGRAM ACTIVITIES AND OPERATIONS: FINANCE AND IT 88 Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 Personnel Services 493,616$ 651,974$ 673,917$ 961,735$ Commodities 941 2,652 2,652 4,170 Purchased & Contract Services 35,079 30,646 30,646 78,275 Other Operating Costs 9,236 16,032 18,874 20,380 Capital Outlay 266 2,150 5,270 100,640 Total 539,138$ 703,454$ 731,359$ 1,165,200$ Planning & Zoning Commission 9,952$ 17,468$ 17,468$ 17,093$ Planning 307,403 448,428 458,596 640,556 Building Inspection 221,783 237,558 255,295 507,551 Total 539,138$ 703,454$ 731,359$ 1,165,200$ Planning Director 1 1 1 1 Senior Planner 1 1 1 1 Planner I 0 0 1 2 Building Official 1 1 1 1 Building Inspector 0 0 0 1 Building Permit Technician 1 1 1 1 Total 4 4 5 7 ADMINISTRATION OF THE DEPARTMENT The Community Development Department is administered by the Planning Director, who spends approximately 70% of the position’s time in managing applications, Council agenda items, Planning and Zoning Commission agendas, and special project work. The remainder of the Planning Director’s time is spent with hands-on project review and special planning work. SUMMARY OF CHANGES FROM PREVIOUS YEAR BUDGET SUMMARY: COMMUNITY DEVELOPMENT DEPARTMENT DEPARTMENT EXPENDITURES BY CATEGORY DEPARTMENT EXPENDITURES BY PROGRAM AUTHORIZED POSITIONS The Community Development Department takes the lead role in ensuring the Town’s built environment maintains and advances a livable community, one which meets the needs of the residents, businesses, and visitors. The Planning Division manages all current and long-range community planning functions. The Building Official, Building Inspector and Permit Technician provide start-to-finish permit and inspection services for all development in Avon. Electric Permits are handled by the State of Colorado, and elevator inspection by Northwest Colorado Council of Governments. In 2023 the Planning Division will be more actively involved with long range planning, housing projects, and implementation of the Short Term Rental regulations. Addtiionally, La Zona and othe rredevelopment planning opportunities will be take priority. A Downtown Development Authority will be purused for consideration in 2023. The Building Division adds a Combination Building Inspector to assist with maintaining a high level of inspection and permit administrative servcies for several large construction projects. 89 BUILDING PERMITS AND INSPECTIONS Building Inspection/Plan Review: The Building Division provides all construction related services in the Town. The division is responsible for the enforcement of the building, plumbing, and mechanical codes, and Title 15 of the Avon Municipal Code. On a day to day basis this division reviews and processes permit applications, performs inspections, and coordinates with other agencies that perform specialized inspections such as Eagle River Fire Protection, Eagle County Health, NWCCOG, and State Electrical Inspectors. Code enforcement matters are handled on a complaint driven basis with a gradual increase in activity year over year. PLANNING Current Planning / Land Use Applications: Review and process applications for land use under the rules and procedures of the Avon Municipal Code. Includes pre-application, public process with PZC/Council and coordinating third party and legal reviews. Long-Term Planning: The Community Development Department is responsible for the development of long range planning for the Town of Avon. Implementation of capital projects from the Town's Long Range planning documents is on-going. Administration: Review all new applications and contractor registration applications, including assisting the general public with inquiries. Finance administration for permitting and planning applications, including escrow accounts. This includes administration of the department by the Planning Director. Planning & Zoning Commission: A seven (7) person board, the Commission implements as authorized the land use code regulations and leads long-range planning. PROGRAM ACTIVITIES AND OPERATIONS: COMMUNITY DEVELOPMENT 90 Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 Personnel Services 3,171,172$ 3,458,946$ 3,483,090$ 3,717,498$ Commodities 147,257 187,178 241,178 200,951 Purchased & Contracted Services 76,852 94,203 94,203 94,320 Other Operating Costs 758,840 932,574 952,631 1,011,745 Capital Outlay 15,276 161,600 104,400 174,700 Total 4,169,397$ 4,834,501$ 4,875,502$ 5,199,214$ ADMINISTRATION OF THE DEPARTMENT The Police Department is led by the Police Chief, Deputy Chief and six (6) Sergeants. The Police Chief spends 80% in general administration with 20% contributed to the oversight of community policing programs, including time on law enforcement committees and community organizations. The Deputy Chief provides general administration approximately 95% of time, including time on law enforcement committees and community organizations with the balance spent in the field. Each of the four Patrol Sergeant's oversees three (3) police officers (when at full staffing) while the Detective Sergeant supervises a detective and major programs such as police training. There is a part time (.75 FTE) Master Sergeant who assists with patrol firearms training, virtual simulator, SWAT training, patrol coverage, special events, employment background investigations, reserve police academy, extra duty requests and other assigned projects. SUMMARY OF CHANGES FROM PREVIOUS YEAR BUDGET SUMMARY: POLICE DEPARTMENT The Avon Police Department is a full service municipal law enforcement agency responsible for 24/7 police protection and service in the Town of Avon for over 40 years. Avon police employees strive to meet the Department’s Mission Statement of “We serve to better our community” and to fulfill our motto of "Count on Us!", employing community policing strategies on a day-to-day basis to ensure the safety and security of our residents and guests in Avon. DEPARTMENT EXPENDITURES BY CATEGORY The most significant changes to the 2023 budget relate to continuing to play catch up on salaries as compared to other competing law enforcement agencies in Eagle County. There are some inflation related increases in gasoline and other equipment costs. There is an increase in our contract fee to the Vail Dispatch Center. There are some equipment requests to include breaching equipment for each patrol vehicle, vehicle computer desk with electronic plug ins and tire deflation devices (stop ticks) in each vehicle. There is a request for a drone flight simulator desktop and software to maintain drone pilot certification and training. There is a request to purchase six additional patrol hybrid vehicles in order to have a one-to-one vehicle program to match all other law enforcement agencies in Eagle County. Additionally, there are modest increases to the professional development/ training budget due to increased training requirements, firearms budget, and overtime budget. 91 Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 Administration 770,899$ 964,551$ 972,520$ 1,011,056$ Patrol 3,018,735 3,546,465 3,579,202 3,871,147 Investigation 379,763 323,485 323,780 317,011 Total 4,169,397$ 4,834,501$ 4,875,502$ 5,199,214$ Police Chief 1 1 1 1 Deputy Police Chief 1 1 1 1 Administrative Services Officers 2 2 2 3 Administrative Asst.0.5 0.75 0.7 0 Sergeant 5.5 5.5 6.75 5.75 Investigator/Detective 1 1 1 1 Patrol Officer 12 12 12 12 Intern 0 0 0.5 0 Community Reponse Officer/Seasonal Park Ranger 0.3 0.6 0.6 0.6 Total 23.3 23.85 25.55 24.35 PROGRAM ACTIVITIES AND OPERATIONS: POLICE Administration: The Police Chief, Deputy Chief, Master Sergeant (.75 FTE), Supervisory Administrative Service Officer and two (2) Administrative Services Officers are responsible for the day-to-day operations of the police department and interaction with Avon Town staff on projects such as budget and department liaisons. Administration is responsible for managing the front desk, customer service, accreditation, records management, outside government liaisons, evidence/property management, policy/procedure, training, and support for police operations. The Chief and Deputy Chief sit on many law enforcement committees and community organizations. Patrol Operations: At full staff, Patrol Operations are staffed by four (4) sergeants and twelve (12) patrol officers (when fully staffed). One sergeant and three patrol officers are assigned to each of four squads covering 24/7/365. These squads are responsible for community policing, proactive biking, walking and vehicle patrolling and responding to emergencies and calls for service. Officers are responsible for investigation of crimes to property and persons, traffic enforcement/education, traffic crash investigations and crime prevention/community outreach. AUTHORIZED POSITIONS DEPARTMENT EXPENDITURES BY PROGRAM Investigations: The Investigations Division is staffed by one (1) Detective Sergeant and (1) Detective. The Detectives are responsible to support patrol operations, investigate major crimes, conduct employment background investigations, administer the police training program, and provide administrative support to the Town Clerk for liquor licensing, booting and local peddler license locals checks. Community Programs/Outreach: Community Policing is the core philosophy of the Avon Police Department and each member is responsible to “better our community” during every contact and every shift. Approximately 5% of Avon Police time, 2,000 hours is associated with community programs, community resort policing and outreach. These Community Programs include Citizen and Latino Police Academies, National Night Out, Neighborhood Watch, Kids,Hoops and Cops basketball program, School Resource Officer Programs; Public Safety/Community Committees, Mental Health Committees, Bike Patrol, Task Forces, Special Olympics events and Coalitions. The Community programs and outreach involves everyone in the department from Chief, Deputy Chief, officers and administrative staff. 92 Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 Personnel Services 317,756$ 408,442$ 412,002$ 632,440$ Commodities 3,562 15,635 15,635 10,240 Purchased & Contract Services 2,629 17,718 17,718 11,800 Other Operating Costs 10,312 8,605 8,605 15,117 Capital Outlay 1,617 91,650 6,500 96,640 Total 335,876$ 542,050$ 460,460$ 766,237$ Engineering 335,876$ 542,050$ 460,460$ 766,237$ Total 335,876$ 542,050$ 460,460$ 766,237$ Town Engineer 1 1 1 1 Project Engineer 1 1 2 3 Total 2 2 3 4 In 2022 the Engineering and Buildings & Facilities programs were separated and each Division now reports to the Director of Pubic Works. All Engineering program changes are minimal because it only covers salaries and benefits. The Engineering Division is not proposing staff changes in 2023. SUMMARY OF CHANGES FROM PREVIOUS YEAR DEPARTMENT EXPENDITURES BY CATEGORY DEPARTMENT EXPENDITURES BY PROGRAM BUDGET SUMMARY: ENGINEERING DIVISION The Engineering Division provides and maintains public infrastructure, such as roads, drainage ways, and town facilities in a safe and sound manner. The Division work includes the managing capital projects, review of construction documents, subdivision and development review and assisting in the planning for future infrastructure. ADMINISTRATION OF THE DIVISION The Engineering Division is administered by the Town Engineer who spends approximately 15% managing the Water Fund,15% on Development Review and the assciated development of new infrastructure, and the remaining 70% on the Capital Improvement Program. The 2 Project Engineers spend the majority of their time managing capital projects. PROGRAM ACTIVITIES AND OPERATIONS: ENGINEERING ENGINEERING AND CAPITAL PLANNING Capital Improvement Program: The Engineering Divsion oversees the Capital Improvement Program by identifying and estimating costs for needed projects, procuring engineering and architecture firms to design identified projects, preparing the contract documents, advertising and bidding out the projects, selecting the contractor and managing the projects through construction and warranty. AUTHORIZED POSITIONS 93 Subdivision and Development Review: Assisting the Community Development Department with the review of all development applications, the Engineering Division ensures conformance with the Town’s adopted design guidelines, codes and standards. 94 Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 Personnel Services 531,927$ 668,391$ 673,606$ 811,430$ Commodities 63,556 112,874 114,924 130,904 Purchased & Contract Services 204,096 405,768 431,741 413,351 Other Operating Costs 480,047 579,018 622,674 553,533 Capital Outlay 858 103,834 17,200 135,218 Total 1,280,484$ 1,869,885$ 1,860,145$ 2,044,436$ Buildings and Facilities 1,280,484$ 1,869,885$ 1,860,145$ 2,044,436$ Total 1,280,484$ 1,869,885$ 1,860,145$ 2,044,436$ Facilities Manager 0 0 0 1 Facilities Superintendent 1 1 1 0 Lead Building Technician 1 1 1 1 Building Technician II 2 2 2 3 Town Electrician 1 1 1 1 Building Custodial Attendant 1 1 1 1 Total 6 6 6 7 Buildings and Facilities: The Buildings and Facilities Division is responsible for the maintenance, repair, and electrical needs of town buildings and assets. The Division reviews what can be done in-house and what should be contracted, utilizing outside resources when the Town lacks the specialized expertise or equipment for maintenance. The Division employs one Facility Manager, one Facilities Lead, three full-time Building Technicians, one Electrician and one custodial attendant. BUILDINGS AND FACILITIES In 2022 the Engineering and Buildings & Facilities programs were separated and each Division now reports to the Director of Pubic Works. SUMMARY OF CHANGES FROM PREVIOUS YEAR DEPARTMENT EXPENDITURES BY CATEGORY AUTHORIZED POSITIONS BUDGET SUMMARY: FACILITIES DIVISION The Facilities Division maintains Town facilities in a safe and sound manner. Division work includes the managing projects, review of construction documents, and assisting in the planning for future infrastructure. The Buildings and Facilities division operates and maintains the six major buildings, pavilion and other facilities. ADMINISTRATION OF THE DIVISION The Facilities Division is administered by the Facilities Manager. The Facilities Manager, Lead Building Technician, 2 Building Technicians and the Town Electrician maintain the Town's facilities. PROGRAM ACTIVITIES AND OPERATIONS: 95 Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 Personnel Services 1,601,791$ 2,153,367$ 2,182,652$ 2,396,730$ Commodities 167,094 397,387 417,847 521,724 Purchased & Contracted Services 482,700 715,276 946,776 1,053,576 Other Operating Costs 569,360 783,417 803,916 776,760 Capital Outlay 38,702 558,539 72,852 672,662 Total 2,859,647$ 4,607,986$ 4,424,043$ 5,421,452$ Administration -$ -$ 27,188$ 360,208$ Roads and Bridges 2,377,607 3,823,758 3,417,979 4,020,438 Parks 482,040 784,228 978,876 1,040,806 Total 2,859,647$ 4,607,986$ 4,424,043$ 5,421,452$ DEPARTMENT EXPENDITURES BY PROGRAM BUDGET SUMMARY: PUBLIC OPERATIONS DEPARTMENT The Public Operations Department is responsible for operational management and maintenance of the Town's parks, open space, streetscape, hard and soft trails, Nottingham Lake, bridges, roads and streets, sidewalks, landscaping and storm water infrastructure. The Department is managed by the Operations Manager, with supervisory support from the Public Assistant Operations Manager and the Operations Supervisors. The Operations Department is overseen by the Public Works Director, who reports directly to the Town Manager. The Operations Manager reports directly to the Public Works Director and spends approximately 75% in general department administration, including developing work plans and work supervision. PubWorks Administration and snow removal permit administration and inspection of permits takes 20% of the position's time, with the balance working in the field. The Public Deputy Operations Manager spends approximately 60% in general department administration and 40% in the field, who reports directly to the Operations Manager. The Operations Supervisors who reports directly to the Public Assistant Operations Manager, spend approximately 10% in general department administration and 90% managing work in the field. SUMMARY OF CHANGES FROM PREVIOUS YEAR DEPARTMENT EXPENDITURES BY CATEGORY ADMINISTRATION OF THE DEPARTMENT There are some large changes to the Public Operations budget. In the Roads and Bridges budget, monies were transferred from 2022 to 2023 for the purchase of a vactor truck, which will not be delivered in 2022. The department has also seen significant inflation in materials used for repairs and maintenance and these price increases are reflected in the 2023 budget. In the Parks budget, landscaping contract services have gone up to $180,000 to maintain the landscaping in additional areas in Town under the oversight of the Master Gardener to free up time for the department to focus on other operations. 96 Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 Public Works Director 0 1 1 1 Administrative Coordinator 0 0 0 1 Operations Manager 1 1 1 1 Operations Deputy Manager 1 1 1 1 Operations Supervisor 2 2 2 2 Master Gardener 2 2 2 2 Operator I-II 10 11 11 11 Total 16 18 18 19 Parks Maintenance: Maintenance of four parks, including over 65 acres of irrigated open space, the beach area at Nottingham Park, multi-use fields, playground equipment, three tennis courts, two pickle ball courts, three basketball courts, two volleyball courts, two picnic shelters, 800+ trees, 83 trash receptacles, and 24 pet stations. Winter includes set-up and care of the outdoor ice rink at Nottingham Park. Town Center West: Maintenance of the Avon pedestrian mall, including Possibilities Plaza and Lettuce Shed Lane. ROAD AND BRIDGE General Road Maintenance: The Town has approximately 60 lane miles of streets and roads, six bridges, two railroad overpasses, eight miles of sidewalk, approximately and 17 miles of soft and hard trails. Work includes guardrail repair, utility locates, Special Event assistance, street sweeping, cinder pick-up, street striping, sign production and maintenance, banner placement, and weed control. Snow Removal Operations: Work includes snow and ice removal on all streets, roads and bridges. Ditch Maintenance: Maintenance of the Town's major storm water system, includes traffic control and cleaning of ditches and hauling of waste. PARKS AUTHORIZED POSITIONS PROGRAM ACTIVITIES AND OPERATIONS: PUBLIC OPERATIONS ADMINISTRATION Administration: The Operations Manager (under the oversight of the Public Works Director) manages all work of the department, including but not limited to development, implementation and monitoring of seasonal staff work plans for snowplowing, ice management, cinder clean-up, ditch maintenance, noxious weed program, special event assistance, and parks operations and maintenance. The work also includes management of contract work, locate requests, ROW permit program, inspections of construction sites, utility projects, budgetary planning and approval of travel, training and conferences. In addition to the Manager, the Assistant Operations Manager contributes 75% of all hours to administration. 97 Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 Personnel Services 1,364,991$ 1,546,784$ 1,587,396$ 2,077,587$ Commodities 44,752 78,838 98,248 120,254 Purchased & Contracted Services 20,550 46,417 51,522 41,205 Other Operating Costs 191,913 347,939 378,809 375,550 Capital Outlay - 77,640 50,140 42,940 Total 1,622,206$ 2,097,618$ 2,166,115$ 2,657,536$ Administration 332,777$ 272,008$ 271,966$ 235,019$ Adult Programs 24,535 24,054 24,197 64,038 Aquatics 543,975 722,216 742,345 887,961 Fitness 108,895 226,870 229,270 310,062 Guest Services 341,728 418,366 466,275 576,573 Youth Programs 95,083 239,123 232,376 360,338 Community Swim Program 175,213 194,981 199,686 223,545 Total 1,622,206$ 2,097,618$ 2,166,115$ 2,657,536$ The Recreation Department has settled into a new operational dynamic after a significant reorganization in 2022. The Recreation Center and Harry A. Nottingham Park continue to see heavy use and increased demand for general use and more programming. The addition of two full-time positions, Recreation Programs Supervisor and an Aquatics Coordinator, will aid the Recreation Department in maintaining sustainable operations and expanding overall programming. The 2023 operational budget reflects an increase in full-time staff wages, part-time staff wages, computer services for recreation management software, professional development, fitness equipment, updated facility equipment and general program supplies. BUDGET SUMMARY: RECREATION DEPARTMENT DEPARTMENT EXPENDITURES BY CATEGORY The Recreation Department oversees the operations and management of the 45,000 square foot Avon Recreation Center, and youth, adult and senior recreational programs, which are provided at the Recreation Center and Town parks. The Department is responsible for operational oversight and management of the Town's three Pocket Parks, Whitewater Park, Harry A. Nottingham Park, beach and lake recreational activities. SUMMARY OF CHANGES FROM THE PREVIOUS YEAR DEPARTMENT EXPENDITURES BY PROGRAM ADMINISTRATION OF THE DEPARTMENT The Recreation Department is administered by the Recreation Director, who dedicates time to strategic leadership, personnel management, financial reporting and controls, contract negotiations, community relationships, risk management and the development and implementation of operating guidelines. The Director provides additional support to each division on an as needed basis depending on staffing levels. DEPARTMENT FINANCIAL SUMMARY 98 Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 Recreation Director 1 1 1 1 Recreation Superintendent - Recreation Services 1 1 1 1 Recreation Superintendent - Aquatics 1 1 1 1 Recreation Services Supervisor 0 1 1 1 Swim Program Supervisor 1 1 1 1 Aquatics Supervisor 1 1 1 1 Recreation Programs Supervisor 0 0 0 1 Recreation Coordinator - Aquatics 2 2 2 3 Recreation Coordinator - Guest Services 2 1 1 1 Recreation Coordinator - Programs 1 1 1 1 Total 10 10 10 12 Community Swim Program: The Community Swim Program includes eight levels of Learn to Swim classes for youth ages 6 months-17 years old and two levels for adults ages 18 and up. The Learn to Swim progression of skills will prepare students to be proficient in basic swimming techniques. Youth swimmers wishing to go beyond the Learn to Swim progression may continue with our Recreational Swim Team, or our USA Swimming registered swim team. The Avon Narwhals Swim Club is our competitive travel team that competes at the state and regional level on a year-round swim meet schedule. The program also offers private and semi-private swim lessons for all ages, levels and abilities. AQUATICS Aquatics: This division offers aquatic programming for people of all ages and abilities including lifeguard training classes, water safety instructor courses, kayak and scuba offerings, water aerobics classes, beginning diving classes, babysitter's training and First Aid/CPR/AED classes. During the summer months, the Aquatics division manages programs in the park and on the lake, sets up the swim beach and coordinates boat rentals through a third party. The Aquatics division devotes 60% of personnel time to pool safeguarding activities, with 5% of time to other programs, 20% spent on administration, and 15% on maintenance of the pools. Guest Services: This division primarily provides admission to the recreation center, pass/punch card sales, and program registration. The front desk serves as the focal point for information dissemination to customers as well as personnel. The Guest Service division also oversees ice skating out of the Metcalf Cabin in the Winter. The Guest Services division spends 65% of time with front desk operations, 25% on administrative duties and 10% on hiring and training. PROGRAM ACTIVITIES AND OPERATIONS: RECREATION GUEST SERVICES AUTHORIZED POSITIONS 99 RECREATION PROGRAMS Adult Programs: This division focuses on meeting the needs of adult recreation program participants ages 18 and up. New and innovative programming is being developed and tested to meet the needs of our ever-changing population. The Adult Programs division spends 85% of time on development and maintenance of existing program offerings and 15% on scheduling, marketing and researching new program offerings. Youth Programs: This division focuses on offering community based childcare for school-aged children throughout the year. In 2023 the Youth Programs division plans on continuing to grow its participation numbers by recruiting qualified staff and maintaining quality offerings. The Youth Program division spends 40% of time on Summer Camp operations, 30% on After School Program operations, 15% on Schools-Out Program operations and 10% on new program development and 5% on existing programming maintenance. Fitness: The Fitness division provides the community with instructor-led and on-demand group exercise classes to include a balanced offering of Yoga, Pilates, group cycling, dance, aerobics based and strength/conditioning-based classes, as well as personal training services, fitness assessments, fitness area orientation and body composition testing. The division offers seasonal programming and classes such as outdoor Yoga, outdoor boot camp, and Winter Sports Conditioning. The Fitness division oversees the management of the fitness floor. 85% of staffing time is applied to fitness classes and programs, with the balance of 15% on administrative responsibilities for hiring, training, scheduling and marketing. FITNESS 100 Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 Personnel Services 1,100,419$ 1,261,956$ 1,270,065$ 1,208,864$ Commodities 120,173 156,784 156,784 192,360 Purchased & Contract Services 104,704 104,119 271,119 144,900 Other Operating Costs 672,675 929,817 728,198 930,558 Debt Service 41,755 41,755 41,755 41,755 Capital Outlay 1,035,745 3,060,147 2,131,650 1,232,497 Total 3,075,471$ 5,554,578$ 4,599,571$ 3,750,934$ Administration 278,793$ 339,933$ 345,064$ 335,363$ Operations 2,316,015 4,475,837 3,534,216 2,807,139 Wash Bay 166,294 192,336 192,996 258,714 Mobility Programs 314,369 546,472 527,295 349,718 Total 3,075,471$ 5,554,578$ 4,599,571$ 3,750,934$ While COVID-19 is still a concern, all restrictions to capacity and PPE requirements have been eliminated. Ridership levels are now close to pre-pandemic levels. Our two new electric buses are fully operational and we will continue to make them a showcase for our town. Avon was awarded a grant for 2 new, clean diesel buses that we expect in time for our 2023-2024 ske season and will round out our Ski Shuttle fleet. We will continue to partner with stakeholders for a regional e-bike share program and explore an expansion of 12 new ebikes and 3 new hubs for 2023, for a total of 32 e- bikes and 9 hubs. We will expand our evening service, eliminating the Night Rider route. The Red and Blue Lines will run all day from 6:30 am-10:00 pm. CDOT expanded its Pegasus service to 7 days a week for the winter season and their shuttles will be housed at the ARTF. Pegasus is a transit service provided by smaller vans that can use the Mountain Express Lanes. Service is from Avon Station to Denver's Union Station and their vans will be housed in the ARTF. The design and construction of the Stonebridge Dr. Roundabout and three (3) pedestrian crossings on US6 will continue to move forward. SUMMARY OF CHANGES FROM PREVIOUS YEAR DEPARTMENT EXPENDITURES BY PROGRAM DEPARTMENT EXPENDITURES BY CATEGORY ADMINISTRATION OF THE DIVISION The Mobility Division is administered by the Mobility Manager, with the assistance of two Transit Supervisors. It is under the direct supervision of the Public Works director. DEPARTMENT FINANCIAL SUMMARY The Mobility Division is responsible for multimodal (mobility) programs and transit operations. The Division also coordinates and collaborates with Regional Transportation and other Transit organizations. The Mobility Fund receives Town general taxes (accommodation taxes) and Federal and State grant funds to support fare-free transit operations. In addition, a joint funding agreement with the Beaver Creek Resort Company funds the fare-free Skier Express and Restaurant Shuttles. BUDGET SUMMARY: MOBILITY DIVISION 101 Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 Mobility Director 1 1 0 0 Mobility Manager 0 0 1 1 Mobility Superintendent 1 1 1 0 Mobility Operations Supervisor 1 1 1 2 Wash Bay Operator 1 1 1 1 Transit Operator 5 5 5 5 Total 9 9 9 9 2023 Avon Transportation Proposed Routes PROGRAM ACTIVITIES AND OPERATIONS: MOBILITY ADMINISTRATION Administration: The Mobility Manager oversees the Town of Avon's multimodal transportation programs; including but not limited to providing day-to-day bus service routes, strategic planning, budget development and management, the establishment of performance goals and passenger feedback systems, designs and implements advertising and promotion, maintains ADA certification and compliance, transit vehicle procurement, coordination with Federal Highway Administration, Colorado Department of Transportation, I70 Coalition, and other regional transportation agencies, grant solicitation/management, and Intergovernmental Agreement/Third-Party contract execution. ROUTE OPERATIONS DEPARTMENT EXPENDITURES BY CATEGORY Route Operations: Includes service design/service implementation schedule and policy, system safety and security, fleet management, customer (guest) service protocols, employee standards, seasonal employee recruitment, training, and certification, performance metric(s), and day to day field operational supervision. Winter Service: Four (4) route operations occur during the winter months: The Blue and Red routes serve the Avon core and residential areas other than Wildridge; a Skier Shuttle(1-3 buses) and an evening Restaurant Shuttle is supported with a contribution from Beaver Creek. Service Hours and costs are summarized in the table below. The Town provides an in-kind bus service for the Birds of Prey World Cup, running additional buses. The Town also contributes funds for the operations of the Riverfront Gondola. Summer Service: Two (2) route operations occur during the summer months. The seven-day per week Blue and Red Routes operate from mid-April to mid-Nov. Hours and route frequency are summarized in the table below. 102 WASH BAY Wash Bay: Located in the Mobility Center, the wash bay accommodates large buses, smaller vehicles, and equipment. The bay also includes a service station for checking fluids and daily checklists. Charges are estimated each year based upon the operational and maintenance costs of operating the wash bay, including staff time for servicing vehicles. 103 Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 Personnel Services 829,900$ 891,339$ 908,437$ 983,590$ Commodities 503,407 431,981 605,790 625,702 Purchased & Contract Services 73,343 57,796 57,796 77,200 Other Operating Costs 59,760 78,576 119,154 102,511 Debt Service 193,285 195,357 195,357 197,204 Capital Outlay 8,950 78,653 102,653 1,007,812 Total 1,668,645$ 1,733,702$ 1,989,187$ 2,994,019$ Fleet Maintenance 1,668,645$ 1,733,702$ 1,989,187$ 2,994,019$ Total 1,668,645$ 1,733,702$ 1,989,187$ 2,994,019$ Fleet Manager 1 1 0 1 Administrative Assistant 0.3 0 0 0 Parts Specialist 0 0 1 1 Purchasing Coordinator 1 1 1 1 Fleet Maintenance Foreman 2 1 1 1 Mechanic I-II 4 5 5 4 Mechanics Helper 1 1 1 1 Total 9.3 9 9 9 DEPARTMENT EXPENDITURES BY PROGRAM AUTHORIZED POSITIONS ADMINISTRATION OF THE DIVISION The Fleet Divsion is administered by the Fleet Manager who oversees the operations of the Division, the fueling systems, statutory compliance, procurement and disposition of vehicles and equipment, policy development/compliance, monthly billing, budget development and provides the Division with leadership and managerial support. Approximately 75% of time is spent on general division administration, and the balance on mechanic training and hands-on support. SUMMARY OF CHANGES FROM PREVIOUS YEAR DEPARTMENT EXPENDITURES BY CATEGORY The Fleet Maintenance Fund is an enterprise operation and is used to account for operations that are financed and operated in a manner similar to private business enterprises, where the costs of providing services to the Town's departments, other governmental third party agencies, and up to 10% private clients, can be fully recovered through user charges. Monies may also be provided to the Fleet Maintenance Fund from general taxes collected by the Town of Avon, when appropriate, to ensure a positive net income on an annual basis. The Fleet Division is the only division in the Fund and provides equipment and vehicle management and maintenance and repair services. The Fleet Division has slightly increased the budget in numerous areas by 10% to account for inflation. These include fuel, parts stock, clothing and uniforms, consumable tools/small equipment, shop supplies, and postage. On this same note, fleet also increased parts stock and sublet charges which both accounts get billed out to our customers at 125%. Fleet will also inscrease its revenue budget by 5% as we are raising our shops rates this amount in January. Lastly, there is also an additional $57,000 in equipment replacement fund to cover a 20% cost on a federal grant to update/replace all our unsafe and outdated shop vehicle lifting capabilities. BUDGET SUMMARY: FLEET MAINTENANCE DIVISION 104 PROGRAM ACTIVITIES AND OPERATIONS: FLEET MAINTENANCE Town of Avon Vehicles and Rolling Stock: Town departments are charged a competitive “fully burdened” shop rate for regular maintenance and repair. The Fleet Department targets a billable total cost recovery of 60% - 80% from work through the year. Third Party Vehicles/Rolling Stock and 10% Private Clients: Third party governmental agencies are charged a competitive “fully burdened” shop rate for regular maintenance and repair. The Fleet Department targets a cost recovery of 60% - 80% from total work through the year. The department is allowed to contract with private clients up to 10% of revenues or shop hours. Provides vehicle tracking and management for some outside agencies. Assist with procurement and product specifications and consulting. Manage Town of Avon Fleet: Procure fuel efficient, low carbon emitting, cost effective vehicles and equipment that meets the needs of departments. Monitor use and sets standards for vehicles and equipment utility with life cycle cost analysis for greatest return of investment. Procures parts and fuel for Town and user agencies. Completes vehicle and equipment specifications for specialized purchasing and governmental contracts. Complies with and monitors statutory compliance for State and Federal requirements. Complete Monthly Billing: Generate invoices, spreadsheets and work orders for all fleet users using data incorporated from a fleet management cost accounting system and fuel management program. 105 Personnel Schedule Full-time Equivalent Employees 2019 2020 2021 2022 2023 Department/Position Actual Actual Actual Actual Proposed General Government: Town Manager 1.00 1.00 1.00 1.00 1.00 Deputy Town Manager 1.00 - - 1.00 1.00 General Government Manager - 1.00 1.00 1.00 1.00 General Government Intern - 1.00 1.00 1.00 0.50 Communications Manager 1.00 1.00 1.00 1.00 1.00 Town Clerk 1.00 1.00 1.00 1.00 1.00 Municipal Court Administrator 1.00 1.00 1.00 1.30 1.30 Cultural Arts & Special Events Manager 1.00 1.00 1.00 1.00 1.00 Special Events Coordinator 1.00 1.00 - 1.00 1.00 Special Events Production Assistant - - - - 1.00 Sustainability Coordinator - - - 1.00 1.00 Total General Government 7.00 8.00 7.00 10.30 10.80 Finance & Information Technology Finance Director/Assistant Town Manager 1.00 1.00 1.00 1.00 1.00 Deputy Finance Director - - - - 1.00 Finance Manager 1.00 1.00 1.00 1.00 1.00 Senior Accountant 2.00 2.00 1.00 1.00 1.00 Payroll Administrator 1.00 1.00 1.00 1.00 1.00 Accountant II 1.00 1.00 1.00 1.00 1.00 Accountant I 1.00 1.00 1.00 2.00 2.00 IT Manager 1.00 1.00 1.00 1.00 1.00 Help Desk Technician 1.00 1.00 1.00 1.00 1.00 Total Finance and IT 9.00 9.00 8.00 9.00 10.00 Human Resources Human Resources Director 1.00 1.00 1.00 1.00 - Human Resources Manager 1.00 1.00 1.00 1.00 1.00 Human Resources & Risk Mgmt Coordinator 1.00 1.00 1.00 1.00 1.00 Human Resources Generalist 0.70 0.70 0.70 1.00 1.00 Total Human Resources 3.70 3.70 3.70 4.00 3.00 Community Development Planning Director 1.00 1.00 1.00 1.00 1.00 Planners 1.00 1.00 1.00 2.00 3.00 Building Official 1.00 1.00 1.00 1.00 1.00 Building Inspector - - - - 1.00 Building Permit Technician - 0.75 - - - Planning & Permit Technician - - 1.00 1.00 1.00 Total Community Development 3.00 3.75 4.00 5.00 7.00 106 Personnel Schedule Full-time Equivalent Employees 2019 2020 2021 2022 2023 Department/Position Actual Actual Actual Actual Proposed Police Department Police Chief 1.00 1.00 1.00 1.00 1.00 Deputy Police Chief 1.00 1.00 1.00 1.00 1.00 Senior Admin Services Officer 1.00 1.00 1.00 1.00 1.00 Administrative Services Officer 1.00 1.00 1.00 1.00 1.00 Administrative Assistant 0.50 0.50 0.75 0.70 0.70 Sergeant 5.50 5.50 5.50 6.75 5.75 Investigator/Detective 1.00 1.00 1.00 1.00 1.00 Patrol Officer 12.00 12.00 12.00 12.00 12.00 Intern - - - 0.50 - Community Response Officer/Seasonal Park Ranger 0.30 0.30 0.60 0.60 0.60 Total Police 23.30 23.30 23.85 25.55 24.05 Public Operations Public Operations Director 1.00 1.00 - 1.00 1.00 Administrative Coordinator - - - - 1.00 Public Operations Manager - - 1.00 1.00 1.00 Public Operations Deputy Manager 1.00 1.00 1.00 1.00 1.00 Public Operations Supervisor 2.00 2.00 2.00 2.00 2.00 Public Operations Master Gardener 1.00 1.00 2.00 2.00 2.00 Public Operations Operator I - II 11.00 11.00 10.00 11.00 11.00 Total Public Operations 16.00 16.00 16.00 18.00 19.00 Engineering Town Engineer 1.00 1.00 1.00 1.00 1.00 Project Engineer 1.00 1.00 2.00 2.00 3.00 Total Engineering 2.00 2.00 3.00 3.00 4.00 Facilities Facilities Manager - - - - 1.00 Facilities Superintendent 1.00 1.00 1.00 1.00 - Town Electrician 1.00 1.00 1.00 1.00 1.00 Lead Building Technician 1.00 1.00 1.00 1.00 1.00 Building Technician I - II 2.00 2.00 2.00 2.00 3.00 Building Attendant - 1.00 1.00 1.00 1.00 Total Facilities 5.00 6.00 6.00 6.00 7.00 Mobility Mobility Director 1.00 1.00 1.00 - - Mobility Manager - - - 1.00 1.00 Mobility Superintendent 0.50 1.00 1.00 1.00 - Mobility Operations Supervisor 0.50 - 1.00 1.00 2.00 Mobility Operator 5.00 5.00 5.00 5.00 5.00 Mobility Wash Bay Operator 1.00 1.00 1.00 1.00 1.00 Total Mobility 8.00 8.00 9.00 9.00 9.00 107 Personnel Schedule Full-time Equivalent Employees 2019 2020 2021 2022 2023 Department/Position Actual Actual Actual Actual Proposed Fleet Maintenance Fleet Director 1.00 1.00 1.00 - - Fleet Manager - - - 1.00 1.00 Fleet Maintenance Foreman 2.00 2.00 2.00 - 1.00 Mechanic I-II-III 3.00 4.00 4.00 6.00 4.00 Fleet Purchasing Coordinator 1.00 1.00 1.00 1.00 1.00 Fleet Parts Specialist - - - - 1.00 Fleet Admin Assistant - - 0.30 - - Mechanic Helper 1.00 1.00 1.00 1.00 1.00 Total Fleet Maintenance 8.00 9.00 9.30 9.00 9.00 Recreation Department Recreation Director 1.00 1.00 1.00 1.00 1.00 Aquatics Superintendent - - - 1.00 1.00 Aquatics Supervisor - - - 1.00 1.00 Aquatics Coordinator - - - 2.00 3.00 Recreation Superintendent 2.00 2.00 2.00 - - Recreation Programs Supervisor 1.00 1.00 1.00 - 1.00 Recreation Programs Coordinator 2.00 2.00 2.00 1.00 1.00 Recreation Specialist 1.00 1.00 1.00 - - Recreation Services Superintendent - - - 1.00 1.00 Recreation Services Supervisor - - - 1.00 1.00 Recreation Services Coordinator 2.00 2.00 2.00 1.00 1.00 Swim Program Supervisor 1.00 1.00 1.00 1.00 1.00 Total Recreation 10.00 10.00 10.00 10.00 12.00 Total Full-time Employees 95.00 98.75 99.85 108.85 114.85 108 2023 2023Account Number Account Name Fund: 100 - GENERAL FUND Program: 111 - MAYOR AND TOWN COUNCIL OTHER PURCHASED & CONTRACTED SERVICES 3,000.00100-111-63999 Budget Detail Description Units Price AmountBudget Code CONSULTING/TRAINING 0.00 0.00 3,000.002023 PROFESSIONAL DEVELOPMENT 18,000.00100-111-64101 Budget Detail Description Units Price AmountBudget Code CAST MEETINGS 4.00 1,000.00 4,000.002023 COUNCIL MISC CONFERENCES 7.00 2,000.00 14,000.002023 DUES, LICENSES & MEMBERSHIPS 57,124.00100-111-64102 Budget Detail Description Units Price AmountBudget Code CAST 0.00 0.00 2,426.002023 CC4CA 0.00 0.00 5,000.002023 CLIMATE ACTION COLL 0.00 0.00 21,737.002023 CML 0.00 0.00 9,472.002023 COLLABORATIVE EFFORT 0.00 0.00 5,000.002023 I-70 COALITION 0.00 0.00 4,189.002023 NWCCOG 0.00 0.00 9,300.002023 MEETING EXPENSES 8,800.00100-111-64104 Budget Detail Description Units Price AmountBudget Code MEETING COUNCIL MEMBERS / THIRD PARTY 0.00 0.00 1,200.002023 MEETINGS MAYOR / THIRD PARTY 0.00 0.00 1,600.002023 TOWN COUNCIL MEETINGS & RETREATS 0.00 0.00 6,000.002023 CELLULAR & PAGING 4,032.00100-111-64206 Budget Detail Description Units Price AmountBudget Code CELLULAR PHONE ALLOWANCE 7 X $48 X 12 0.00 0.00 4,032.002023 COMPUTERS & PERIPHERALS 3,600.00100-111-66402 Budget Detail Description Units Price AmountBudget Code COUNCIL I-PADS 3.00 1,200.00 3,600.002023 Total Program: 111 - MAYOR AND TOWN COUNCIL:94,556.00 Program: 113 - TOWN ATTORNEY LEGAL SERVICES 229,000.00100-113-63101 Budget Detail Description Units Price AmountBudget Code AVON SHARE FOR SQUIRE PATTON BOGGS 12.00 2,000.00 24,000.002023 OTHER LEGAL SERVICES 0.00 0.00 25,000.002023 TOWN ATTORNEY GENERAL 0.00 0.00 180,000.002023 Total Program: 113 - TOWN ATTORNEY:229,000.00 Program: 115 - TOWN CLERK EMPLOYEE RECOGNITION EXPENSE 60.00100-115-62801 Budget Detail Description Units Price AmountBudget Code EMPLOYEE RECOGNITION 1.00 60.00 60.002023 BOOKS & PERIODICALS 4,500.00100-115-62905 Budget Detail Description Units Price AmountBudget Code MUNICODE 0.00 0.00 4,500.002023 OFFICE SUPPLIES & MATERIALS 260.00100-115-62999 109 Budget Detail Description Units Price AmountBudget Code OFFICE SUPPLIES 0.00 0.00 260.002023 COMPUTER SERVICES 1,525.00100-115-63304 Budget Detail Description Units Price AmountBudget Code LASERFICHE CONSULTING 0.00 0.00 1,000.002023 MUNICIPAL CODE HOSTING 0.00 0.00 525.002023 R&M-OFFICE EQUIP & COMPUTERS 1,700.00100-115-63504 Budget Detail Description Units Price AmountBudget Code XEROS BASE FEE 0.00 0.00 1,700.002023 RENTALS-OFFICE EQUIPMENT 2,400.00100-115-63603 Budget Detail Description Units Price AmountBudget Code XEROX 12.00 200.00 2,400.002023 OTHER PURCHASED & CONTRACTED SERVICES 500.00100-115-63999 Budget Detail Description Units Price AmountBudget Code CBI BACKGROUND CHECKS 0.00 0.00 500.002023 PROFESSIONAL DEVELOPMENT 6,900.00100-115-64101 Budget Detail Description Units Price AmountBudget Code CLERKS INST 0.00 0.00 2,000.002023 CMCA CERT 0.00 0.00 800.002023 CMCA CONF 0.00 0.00 1,100.002023 LASERFICHE CONF 0.00 0.00 2,500.002023 MISC TRAINING 0.00 0.00 500.002023 DUES, LICENSES & MEMBERSHIPS 445.00100-115-64102 Budget Detail Description Units Price AmountBudget Code MEMBERSHIPS 0.00 0.00 445.002023 POSTAGE & DELIVERY COSTS 50.00100-115-64301 Budget Detail Description Units Price AmountBudget Code FEDEX AND UPS CHARGES 0.00 0.00 50.002023 RECORDING FEES 500.00100-115-64302 Budget Detail Description Units Price AmountBudget Code COUNTY RECORDING FEES 0.00 0.00 500.002023 ELECTION & REGISTRATION COSTS 3,000.00100-115-64305 Budget Detail Description Units Price AmountBudget Code GENERAL ELECTION COSTS 0.00 0.00 3,000.002023 ADVERTISING/LEGAL NOTICES 1,200.00100-115-64901 Budget Detail Description Units Price AmountBudget Code CMNM PUBLIC NOTICES VAIL DAILY 0.00 0.00 1,200.002023 Total Program: 115 - TOWN CLERK:23,040.00 Program: 121 - MUNICIPAL COURT EMPLOYEE RECOGNITION EXPENSE 60.00100-121-62801 Budget Detail Description Units Price AmountBudget Code EMPLOYEE RECOGNITION 1.00 60.00 60.002023 OFFICE SUPPLIES & MATERIALS 200.00100-121-62999 110 Budget Detail Description Units Price AmountBudget Code OFFICE SUPPLIES 0.00 0.00 200.002023 LEGAL SERVICES 24,000.00100-121-63101 Budget Detail Description Units Price AmountBudget Code MUNICIPAL COURT LEGAL 0.00 0.00 24,000.002023 OTHER PROFESSIONAL SERVICES 500.00100-121-63199 Budget Detail Description Units Price AmountBudget Code INDIGENT ATTORNEY FEES (CRLF) ATTORNEY FEES 0.00 0.00 500.002023 JUROR & WITNESS FEES 250.00100-121-63202 Budget Detail Description Units Price AmountBudget Code JURY TRIAL REQUESTS 0.00 0.00 250.002023 COMPUTER SERVICES 3,700.00100-121-63304 Budget Detail Description Units Price AmountBudget Code FULLCOURT ANNUAL 0.00 0.00 3,700.002023 OTHER PURCHASED & CONTRACTED SERVICES 8,500.00100-121-63999 Budget Detail Description Units Price AmountBudget Code CESCO 0.00 0.00 7,000.002023 LC LANGUAGE CONNECTION 0.00 0.00 1,500.002023 PROFESSIONAL DEVELOPMENT 1,000.00100-121-64101 Budget Detail Description Units Price AmountBudget Code MISCELLANEOUS TRAINING/CONFERENCE 0.00 0.00 1,000.002023 DUES, LICENSES & MEMBERSHIPS 75.00100-121-64102 Budget Detail Description Units Price AmountBudget Code CAMCA 0.00 0.00 75.002023 Total Program: 121 - MUNICIPAL COURT:38,285.00 Program: 131 - ADMINISTRATIVE SERVICES EMPLOYEE RECOGNITION EXPENSE 240.00100-131-62801 Budget Detail Description Units Price AmountBudget Code EMPLOYEES 4.00 60.00 240.002023 OFFICE SUPPLIES & MATERIALS 200.00100-131-62999 Budget Detail Description Units Price AmountBudget Code GENERAL SUPPLIES 0.00 0.00 200.002023 PRINTING & REPRODUCTION 250.00100-131-63203 Budget Detail Description Units Price AmountBudget Code PRINTING & REPRODUCTION 0.00 0.00 250.002023 OTHER PURCHASED & CONTRACTED SERVICES 50,520.00100-131-63999 Budget Detail Description Units Price AmountBudget Code SUSTAINABLE STRATEGIES DC CONSULTING 0.00 0.00 50,000.002023 VAIL ALARM MONITORING FEE - FOR PANIC ALARM 0.00 0.00 520.002023 PROFESSIONAL DEVELOPMENT 15,000.00100-131-64101 Budget Detail Description Units Price AmountBudget Code CCCMA CONFERENCE, HOTEL & CONF FEES 0.00 0.00 500.002023 CML CONFERENCE AURORA 2.00 1,250.00 2,500.002023 DTM MEETINGS & TRAININGS 0.00 0.00 2,000.002023 GG MGR MEETINGS & TRAININGS 0.00 0.00 1,500.002023 111 ICMA ANNUAL CONFERENCE OR WORKSHOP 0.00 0.00 3,000.002023 MISC MEETINGS & TRAININGS 0.00 0.00 2,000.002023 TOWN MGR LEADERSHIP TRAINING 0.00 0.00 3,500.002023 DUES, LICENSES & MEMBERSHIPS 1,665.00100-131-64102 Budget Detail Description Units Price AmountBudget Code CCCMA 0.00 0.00 265.002023 ICMA 0.00 0.00 1,400.002023 MEETING EXPENSES 2,500.00100-131-64104 Budget Detail Description Units Price AmountBudget Code TOWN BUSINESS EXPENSES 0.00 0.00 2,500.002023 CELLULAR & PAGING 1,728.00100-131-64206 Budget Detail Description Units Price AmountBudget Code CELLULAR PHONE ALLOWANCE 3 X $48 X 12 36.00 48.00 1,728.002023 COMPUTERS & PERIPHERALS 2,000.00100-131-66402 Budget Detail Description Units Price AmountBudget Code REPLACE GENERAL GOVT MGR LAPTOP 1.00 2,000.00 2,000.002023 Total Program: 131 - ADMINISTRATIVE SERVICES:74,103.00 Program: 132 - HUMAN RESOURCES BUS PASSES 4,080.00100-132-62408 Budget Detail Description Units Price AmountBudget Code BUS PASSES FOR EMPLOYEES 0.00 0.00 4,080.002023 EMPLOYEE RECOGNITION EXPENSE 44,640.00100-132-62801 Budget Detail Description Units Price AmountBudget Code AWARDS OF EXCELLENCE 0.00 0.00 1,350.002023 EMPLOYEE APPRECIATION MERCHANDISE 0.00 0.00 6,400.002023 EMPLOYEE RECOGNITION (HR STAFF)4.00 60.00 240.002023 FALL TURKEYS 0.00 0.00 7,600.002023 HOLIDAY PARTY 0.00 0.00 20,000.002023 RETIREMENT RECOGNITION 0.00 0.00 1,800.002023 SPRING EMPLOYEE APPRECIATION LUNCH 0.00 0.00 1,800.002023 SUMMER PICNIC 0.00 0.00 4,000.002023 YEARS OF SERVICE AWARDS 0.00 0.00 1,450.002023 CLOTHING & UNIFORMS 700.00100-132-62805 Budget Detail Description Units Price AmountBudget Code EMPLOYEE BLUE T-SHIRTS 0.00 0.00 700.002023 SAFETY MATERIALS & SUPPLIES 1,800.00100-132-62806 Budget Detail Description Units Price AmountBudget Code ICE CLEATS 0.00 0.00 150.002023 MISC SAFETY ITEMS 0.00 0.00 150.002023 SAFETY INCENTIVE AWARDS 0.00 0.00 1,500.002023 BOOKS & PERIODICALS 500.00100-132-62905 Budget Detail Description Units Price AmountBudget Code SAFETY PUBLICATIONS & TRAINING MATERIALS 0.00 0.00 300.002023 SAFETY TRAINING WEBINARS EMPLOYEES 0.00 0.00 200.002023 OFFICE SUPPLIES & MATERIALS 1,467.00100-132-62999 Budget Detail Description Units Price AmountBudget Code EMPLOYEE ID - BADGES (HID 1386LGGMN)100.00 4.99 499.002023 EMPLOYEE ID - LANYARDS 100.00 3.23 323.002023 EMPLOYEE ID - PRINTER RIBBON (ZEBRA CZ350)2.00 77.00 154.002023 112 RETIREMENT PLAN CHANGE(S) MAILINGS 1.00 100.00 100.002023 TYLER 1095C ENVELOPES 5.00 31.00 155.002023 TYLER 1095C FORMS 4.00 34.00 136.002023 UAG CASE FOR HRD LAPTOP 1.00 100.00 100.002023 BACKGROUND CHECKS 8,700.00100-132-63205 MEDICAL SERVICES & EXAMS 17,000.00100-132-63301 Budget Detail Description Units Price AmountBudget Code DOCTORS-ON-CALL - DOT PHYSICALS 0.00 0.00 4,000.002023 MCCP SCREENING - RANDOM DRUG & ALCOHOL TESTINGS 0.00 0.00 9,800.002023 OCCUPATIONAL HEALTH - PRE-EMPLOYMENT DRUG & ALCOHO 0.00 0.00 3,200.002023 COMPUTER SERVICES 24,000.00100-132-63304 Budget Detail Description Units Price AmountBudget Code BAMBOOHR USER FEES 0.00 0.00 24,000.002023 R&M-OFFICE EQUIP & COMPUTERS 2,300.00100-132-63504 RENTALS-OFFICE EQUIPMENT 1,788.00100-132-63603 OTHER PURCHASED & CONTRACTED SERVICES 10,825.00100-132-63999 Budget Detail Description Units Price AmountBudget Code FLU SHOTS & COVID BOOSTERS 0.00 0.00 1,750.002023 HEALTH & WELLNESS FAIR 0.00 0.00 3,200.002023 MOUNTAIN STRONG (EAP) ADMIN FEES 0.00 0.00 5,400.002023 TOWN MANAGER 360 EVALUATION 1.00 475.00 475.002023 PROFESSIONAL DEVELOPMENT 10,400.00100-132-64101 Budget Detail Description Units Price AmountBudget Code HR DIRECTOR/MANAGER TRAINING 2.00 1,500.00 3,000.002023 HR GENERALIST I/II TRAINING 2.00 600.00 1,200.002023 SHRM NATIONAL CONFERENCE 2.00 3,100.00 6,200.002023 DUES, LICENSES & MEMBERSHIPS 8,510.00100-132-64102 Budget Detail Description Units Price AmountBudget Code EMPLOYERS COUNCIL MEMBERSHIP 0.00 0.00 6,500.002023 HCHRA MEMBERSHIP 4.00 75.00 300.002023 SHRM CERTIFICATION EXAM 2.00 375.00 750.002023 SHRM MEMBERSHIP 4.00 240.00 960.002023 MEETING EXPENSES 1,250.00100-132-64104 Budget Detail Description Units Price AmountBudget Code BENEFITS, SAFETY, AND RETIREMENT MEETINGS 0.00 0.00 1,250.002023 TRAINING 24,000.00100-132-64105 Budget Detail Description Units Price AmountBudget Code AVON HABLA - TESTING - TOWN-WIDE 0.00 0.00 2,000.002023 CUSTOMER SERVICE TRAINING TOWN-WIDE 0.00 0.00 4,000.002023 LEADERSHIP TEAM TRAINING 0.00 0.00 12,000.002023 REASONABLE SUSPICION DRUG & ALCOHOL TRAINING TOWN-0.00 0.00 2,000.002023 SUPERVISORY TRAININGS - TOWN-WIDE 0.00 0.00 4,000.002023 CELLULAR & PAGING 1,306.00100-132-64206 Budget Detail Description Units Price AmountBudget Code CELL PHONE - HR DIRECTOR 0.00 0.00 730.002023 CELL PHONE REIMBURSEMENT - HR MANAGER 0.00 0.00 576.002023 ADVERTISING/LEGAL NOTICES 45,000.00100-132-64901 Budget Detail Description Units Price AmountBudget Code ADVERTISEMENT POSITION/DEPARTMENT SPECIFIC 0.00 0.00 2,000.002023 COLORADO MOUNTAIN NEWS MEDIA 0.00 0.00 20,450.002023 FACEBOOK 0.00 0.00 750.002023 113 MOUNTAIN CAREERS 0.00 0.00 1,800.002023 SWIFT COMMUNICATIONS 0.00 0.00 20,000.002023 OTHER MISC OPERATING COSTS 5,000.00100-132-64999 Budget Detail Description Units Price AmountBudget Code DIRECTORS & MANAGERS RECRUITMENT EXPENSES 0.00 0.00 5,000.002023 Total Program: 132 - HUMAN RESOURCES:213,266.00 Program: 133 - COMMUNITY RELATIONS EMPLOYEE RECOGNITION EXPENSE 60.00100-133-62801 Budget Detail Description Units Price AmountBudget Code EMPLOYEE RECOGNITION 1.00 60.00 60.002023 OFFICE SUPPLIES & MATERIALS 100.00100-133-62999 Budget Detail Description Units Price AmountBudget Code OFFICE SUPPLIES 0.00 0.00 100.002023 OTHER PROFESSIONAL SERVICES 11,200.00100-133-63199 Budget Detail Description Units Price AmountBudget Code ADOBE CREATIVE SUITE ANNUAL MEMBERSHIP 1.00 600.00 600.002023 CREATIVE SERVICES 0.00 0.00 2,000.002023 MAILCHIMP 12.00 100.00 1,200.002023 MARKETING CONSULTING 0.00 0.00 2,000.002023 SPANISH TRANSLATIONS 12.00 450.00 5,400.002023 PRINTING & REPRODUCTION 1,500.00100-133-63203 Budget Detail Description Units Price AmountBudget Code MISC POSTCARD MAILER 0.00 0.00 1,000.002023 MISC POSTER PRINTING 0.00 0.00 500.002023 PHOTOGRAPHY SERVICES 25,000.00100-133-63303 Budget Detail Description Units Price AmountBudget Code STATE OF TOWN VIDEO 0.00 0.00 5,000.002023 TOWN PHOTOGRAPHY (INCL REC CENTER)0.00 0.00 10,000.002023 VIDEOGRAPHY 0.00 0.00 10,000.002023 COMPUTER SERVICES 1,068.00100-133-63304 Budget Detail Description Units Price AmountBudget Code INTERNET FOR WILDRIDGE WEBCAM 12.00 89.00 1,068.002023 OTHER PURCHASED & CONTRACTED SERVICES 30,250.00100-133-63999 Budget Detail Description Units Price AmountBudget Code CIVIC PLUS HOSTING 0.00 0.00 13,500.002023 CLEAR GOV - INSIGHT MODULE 0.00 0.00 3,750.002023 MISC ENGAGEMENT PLATFORM 0.00 0.00 12,000.002023 MISC WEBSITE UPDATES 0.00 0.00 1,000.002023 PROFESSIONAL DEVELOPMENT 1,000.00100-133-64101 Budget Detail Description Units Price AmountBudget Code MARKETING MGR MEETINGS & TRAININGS 0.00 0.00 1,000.002023 CELLULAR & PAGING 528.00100-133-64206 Budget Detail Description Units Price AmountBudget Code CELL PHONE 12.00 44.00 528.002023 ADVERTISING/LEGAL NOTICES 70,000.00100-133-64901 Budget Detail Description Units Price AmountBudget Code AVON RECREATION CENTER 0.00 0.00 25,000.002023 DIGITAL ADVERTISING 0.00 0.00 25,000.002023 114 PRINT ADVERTISING 0.00 0.00 10,000.002023 RADIO ADVERTISING 0.00 0.00 10,000.002023 OPERATING FEES & CHARGES 60,000.00100-133-64904 Budget Detail Description Units Price AmountBudget Code CHANNEL 5 - 2% FRANCHISE 0.00 0.00 44,000.002023 PEG FEE GRANT - 2022/2023 0.00 0.00 16,000.002023 Total Program: 133 - COMMUNITY RELATIONS:200,706.00 Program: 134 - ECONOMIC DEVELOPMENT DUES, LICENSES & MEMBERSHIPS 200.00100-134-64102 Budget Detail Description Units Price AmountBudget Code VAIL BOARD OF REALTORS MEMBERSHIP 0.00 0.00 200.002023 FIN DONATIONS & CONTRIBUTIONS 281,970.00100-134-64902 Budget Detail Description Units Price AmountBudget Code AVON ATHLETES 0.00 0.00 2,000.002023 EAGLE COUNTY TRAILS 0.00 0.00 100,000.002023 EAGLE VALLEY WILDLAND RESPONSE 0.00 0.00 40,000.002023 E-BIKE INCENTIVES 0.00 0.00 5,000.002023 EGE AIR ALLIANCE 0.00 0.00 20,000.002023 FRONT COUNTRY RANGER PROGRAM 0.00 0.00 17,470.002023 VAIL VALLEY FOUNDATION - BIRDS OF PREY 0.00 0.00 40,000.002023 VAIL VALLEY MOUNTAIN TRAILS ALLIANCE 0.00 0.00 10,000.002023 VAIL VALLEY PARTNERSHIP 0.00 0.00 12,500.002023 WALKING MOUNTAINS 0.00 0.00 35,000.002023 Total Program: 134 - ECONOMIC DEVELOPMENT:282,170.00 Program: 136 - SPECIAL EVENTS SPECIAL EVENT MATERIALS 5,500.00100-136-62302 Budget Detail Description Units Price AmountBudget Code BATTLE OF THE BANDS 0.00 0.00 250.002023 EGG HUNT 0.00 0.00 1,950.002023 GENERAL 0.00 0.00 1,500.002023 HEART & SOUL 0.00 0.00 375.002023 PADDLE BATTLES 0.00 0.00 250.002023 SALUTE TO THE USA 0.00 0.00 1,100.002023 SUMMER'S END 0.00 0.00 75.002023 CONCESSIONS 26,670.00100-136-62303 Budget Detail Description Units Price AmountBudget Code AVONLIVE 0.00 0.00 11,220.002023 BATTLE OF THE BANDS 0.00 0.00 1,050.002023 COMMUNITY PICNIC 0.00 0.00 1,000.002023 HEART & SOUL 0.00 0.00 2,200.002023 SALUTE TO THE USA 0.00 0.00 10,000.002023 SUMMERS END 0.00 0.00 1,200.002023 EMPLOYEE RECOGNITION EXPENSE 180.00100-136-62801 Budget Detail Description Units Price AmountBudget Code EMPLOYEE RECOGNITION 3.00 60.00 180.002023 FOOD & BEVERAGES 30,180.00100-136-62802 Budget Detail Description Units Price AmountBudget Code AVONLIVE 0.00 0.00 825.002023 BATTLE OF THE BANDS 0.00 0.00 250.002023 COMMUNITY PICNIC 0.00 0.00 14,000.002023 GENERAL 0.00 0.00 500.002023 HEART & SOUL 0.00 0.00 950.002023 PADDLE BATTLES 0.00 0.00 500.002023 SALUTE TO THE USA 0.00 0.00 11,565.002023 115 SUMMER'S END 0.00 0.00 1,240.002023 SUNSTESUP RACE 0.00 0.00 350.002023 CLOTHING & UNIFORMS 2,500.00100-136-62805 Budget Detail Description Units Price AmountBudget Code GENERAL 0.00 0.00 2,500.002023 OTHER MISC OPERATING SUPPLIES 200.00100-136-62899 Budget Detail Description Units Price AmountBudget Code GENERAL 0.00 0.00 200.002023 SOFTWARE 588.00100-136-62904 Budget Detail Description Units Price AmountBudget Code GENERAL 0.00 0.00 588.002023 OTHER PROFESSIONAL SERVICES 32,250.00100-136-63199 Budget Detail Description Units Price AmountBudget Code EGG HUNT 0.00 0.00 6,800.002023 HEART & SOUL 0.00 0.00 11,000.002023 PADDLE BATTLES 0.00 0.00 250.002023 SALUTE TO THE USA 0.00 0.00 11,200.002023 SUMMER'S END 0.00 0.00 3,000.002023 PRINTING & REPRODUCTION 11,128.00100-136-63203 Budget Detail Description Units Price AmountBudget Code AVONLIVE 0.00 0.00 1,164.002023 BATTLE OF THE BANDS 0.00 0.00 100.002023 COMMUNITY PICNIC 0.00 0.00 114.002023 EGG HUNT 0.00 0.00 500.002023 HEART & SOUL 0.00 0.00 2,746.002023 SALUTE TO THE USA 0.00 0.00 3,801.002023 SUMMER'S END 0.00 0.00 2,489.002023 SUNSETLIVE 0.00 0.00 100.002023 SUNSETSUP RACES 0.00 0.00 114.002023 AUDIO/VISUAL SERVICES 109,513.00100-136-63305 Budget Detail Description Units Price AmountBudget Code AVONLIVE 0.00 0.00 32,300.002023 BATTLE OF THE BANDS 0.00 0.00 2,500.002023 COMMUNITY PICNIC 0.00 0.00 2,000.002023 EGG HUNT 0.00 0.00 2,000.002023 HEART & SOUL 0.00 0.00 32,363.002023 PADDLE BATTLES 0.00 0.00 1,400.002023 SALUTE TO THE USA 0.00 0.00 18,450.002023 SUMMER'S END 0.00 0.00 18,500.002023 SECURITY SERVICES 58,983.00100-136-63306 Budget Detail Description Units Price AmountBudget Code AVONLIVE 0.00 0.00 11,880.002023 HEART & SOUL 0.00 0.00 4,000.002023 SALUTE TO THE USA 0.00 0.00 36,645.002023 SUMMER'S END 0.00 0.00 6,458.002023 RENTALS-TRAFFIC CONTROL EQUIP 31,579.00100-136-63606 Budget Detail Description Units Price AmountBudget Code GENERAL 0.00 0.00 4,000.002023 HEART & SOUL 0.00 0.00 1,150.002023 SALUTE TO THE USA 0.00 0.00 25,629.002023 SUMMER'S END 0.00 0.00 800.002023 RENTALS-PORTABLE FACILITY 41,193.00100-136-63607 116 Budget Detail Description Units Price AmountBudget Code AVONLIVE 0.00 0.00 5,460.002023 BATTLE OF THE BANDS 0.00 0.00 498.002023 COMMUNITY PICNIC 0.00 0.00 495.002023 EGG HUNT 0.00 0.00 1,000.002023 GENERAL 0.00 0.00 9,412.002023 HEART & SOUL 0.00 0.00 2,310.002023 LAKESIDE CINEMA 0.00 0.00 4,458.002023 SALUTE TO THE USA 0.00 0.00 15,640.002023 SUMMER'S END 0.00 0.00 1,920.002023 OTHER MISCELLANEOUS RENTALS 4,013.00100-136-63699 Budget Detail Description Units Price AmountBudget Code AVONLIVE 0.00 0.00 625.002023 SALUTE TO THE USA 0.00 0.00 3,150.002023 SUMMER'S END 0.00 0.00 238.002023 ADMISSIONS FEE EXPENSE 10,496.00100-136-63998 Budget Detail Description Units Price AmountBudget Code GENERAL 0.00 0.00 10,496.002023 OTHER PURCHASED & CONTRACTED SERVICES 494,249.00100-136-63999 Budget Detail Description Units Price AmountBudget Code AVONLINVE 0.00 0.00 140,273.002023 BATTLE OF THE BANDS 0.00 0.00 4,300.002023 BEST OF THE WEST 0.00 0.00 1,800.002023 COMMUNITY PICNIC 0.00 0.00 3,100.002023 EGG HUNT 0.00 0.00 1,175.002023 GENERAL 0.00 0.00 39,267.002023 HEART & SOUL 0.00 0.00 75,670.002023 LAKESIDE CINEMA 0.00 0.00 13,463.002023 PADDLE BATTLES 0.00 0.00 8,891.002023 SALUTE TO THE USA 0.00 0.00 131,515.002023 SUMMER'S END 0.00 0.00 59,570.002023 SUNSET SUP RACES 0.00 0.00 2,975.002023 SUNSETLIVE 0.00 0.00 12,250.002023 PROFESSIONAL DEVELOPMENT 1,375.00100-136-64101 Budget Detail Description Units Price AmountBudget Code GENERAL 0.00 0.00 1,375.002023 DUES, LICENSES & MEMBERSHIPS 2,505.00100-136-64102 Budget Detail Description Units Price AmountBudget Code GENERAL 0.00 0.00 2,505.002023 MILEAGE REIMBURSEMENT & TRAVEL 3,050.00100-136-64103 Budget Detail Description Units Price AmountBudget Code GENERAL 0.00 0.00 3,050.002023 MEETING EXPENSES 1,437.00100-136-64104 Budget Detail Description Units Price AmountBudget Code GENERAL 0.00 0.00 1,437.002023 CELLULAR & PAGING 2,388.00100-136-64206 Budget Detail Description Units Price AmountBudget Code GENERAL 0.00 0.00 2,388.002023 PERMIT & LICENSING FEES 2,853.00100-136-64306 117 Budget Detail Description Units Price AmountBudget Code AVONLIVE 0.00 0.00 200.002023 EGG HUNT 0.00 0.00 100.002023 GENERAL 0.00 0.00 1,953.002023 HEART & SOUL 0.00 0.00 200.002023 SALUTE TO THE USA 0.00 0.00 200.002023 SUMMER'S END 0.00 0.00 200.002023 BANK SERVICES CHARGES & CC FEES 2,157.00100-136-64307 Budget Detail Description Units Price AmountBudget Code AVONLIVE 0.00 0.00 1,177.002023 BATTLE OF THE BANDS 0.00 0.00 100.002023 HEART & SOUL 0.00 0.00 100.002023 SALUTE TO THE USA 0.00 0.00 680.002023 SUMMER'S END 0.00 0.00 100.002023 SALES TAX 5,187.00100-136-64308 Budget Detail Description Units Price AmountBudget Code AVONLIVE 0.00 0.00 2,035.002023 BATTLE OF THE BANDS 0.00 0.00 152.002023 HEART & SOUL 0.00 0.00 400.002023 SALUTE TO THE USA 0.00 0.00 2,200.002023 SUMMER'S END 0.00 0.00 400.002023 ADVERTISING/LEGAL NOTICES 52,883.00100-136-64901 Budget Detail Description Units Price AmountBudget Code AVONLIVE 0.00 0.00 14,350.002023 BATTLE OF THE BANDS 0.00 0.00 800.002023 COMMUNITY PICNIC 0.00 0.00 200.002023 EGG HUNT 0.00 0.00 1,750.002023 HEART & SOUL 0.00 0.00 16,510.002023 LAKESIDE CINEMA 0.00 0.00 900.002023 PADDLE BATTLES 0.00 0.00 2,300.002023 SALUTE TO THE USA 0.00 0.00 1,858.002023 SUMMER'S END 0.00 0.00 3,515.002023 SUNSET SUP RACES 0.00 0.00 200.002023 SUNSETLIVE 0.00 0.00 10,500.002023 FIN DONATIONS & CONTRIBUTIONS 145,000.00100-136-64902 Budget Detail Description Units Price AmountBudget Code CONTINGENCY 0.00 0.00 50,000.002023 THIRD PARTY PRODUCERS 0.00 0.00 95,000.002023 COMPUTERS & PERIPHERALS 2,118.00100-136-66402 Budget Detail Description Units Price AmountBudget Code GENERAL 0.00 0.00 2,118.002023 FURNITURE & FIXTURES 1,200.00100-136-66404 Budget Detail Description Units Price AmountBudget Code GENERAL 0.00 0.00 1,200.002023 Total Program: 136 - SPECIAL EVENTS:1,081,375.00 Program: 137 - COMMUNITY GRANTS DUES, LICENSES & MEMBERSHIPS 250.00100-137-64102 Budget Detail Description Units Price AmountBudget Code EAGLE COUNTY HISTORICAL SOCIETY 0.00 0.00 250.002023 FIN DONATIONS & CONTRIBUTIONS 120,000.00100-137-64902 118 Budget Detail Description Units Price AmountBudget Code COMM. GRANTS - ORGANIZATIONS TBD BY COMMITTEE 0.00 0.00 120,000.002023 Total Program: 137 - COMMUNITY GRANTS:120,250.00 Program: 139 - Sustainability EMPLOYEE RECOGNITION 60.00100-139-62801 Budget Detail Description Units Price AmountBudget Code EMPLOYEE RECOGNITION 1.00 60.00 60.002023 BOOKS & PERIODICALS 1,000.00100-139-62905 Budget Detail Description Units Price AmountBudget Code BOOKS 0.00 0.00 1,000.002023 OFFICE SUPPLIES & MATERIALS 200.00100-139-62999 Budget Detail Description Units Price AmountBudget Code OFFICE SUPPLIES 0.00 0.00 200.002023 OTHER PROFESSIONAL SERVICES 5,000.00100-139-63199 Budget Detail Description Units Price AmountBudget Code FEASIBILITY STUDY FOR COMPOSTING 0.00 0.00 5,000.002023 PRINTING & REPRODUCTION 15,000.00100-139-63203 Budget Detail Description Units Price AmountBudget Code EDUCATIONAL SIGNS 0.00 0.00 7,500.002023 EDUCATIONAL STICKERS 0.00 0.00 2,500.002023 OTHER PRINTED EDUCATIONAL MATERIALS 0.00 0.00 5,000.002023 OTHER PURCHASED & CONTRACTED SERVICES 12,500.00100-139-63999 Budget Detail Description Units Price AmountBudget Code ARTIST DESIGN (STORMDRAIN DECALS PHASE II)0.00 0.00 2,000.002023 DATA PURCHASES FROM COUNTY OR MISC 0.00 0.00 1,000.002023 FREELANCE SERVICES FOR RECYCLING PROGRAM ROLLOUT 0.00 0.00 1,500.002023 GRAPHIC DESIGN SERVICES 0.00 0.00 2,500.002023 ONLINE COURSE PLATFORM 0.00 0.00 500.002023 VIDEO EDITING SERVICES 0.00 0.00 5,000.002023 PROFESSIONAL DEVELOPMENT 1,500.00100-139-64101 Budget Detail Description Units Price AmountBudget Code MISC MEETINGS & TRAININGS 0.00 0.00 1,500.002023 DUES, LICENSES & MEMBERSHIPS 3,050.00100-139-64102 Budget Detail Description Units Price AmountBudget Code ACTIVELY GREEN 0.00 0.00 1,500.002023 ICLEI (INT'L COUNCIL FOR LOCAL ENVIRONMENTAL INITI 0.00 0.00 1,200.002023 RECYCLE COLORADO 0.00 0.00 350.002023 MEETING EXPENSES 10,000.00100-139-64104 Budget Detail Description Units Price AmountBudget Code PURE SIGNUP EVENTS 4.00 1,250.00 5,000.002023 SUSTAINABILITY WORKSHOPS 0.00 0.00 5,000.002023 ADVERTISING/LEGAL NOTICES 8,860.00100-139-64901 Budget Detail Description Units Price AmountBudget Code DIGITAL ADVERTISING 0.00 0.00 4,000.002023 PRINT ADVERTISING 0.00 0.00 3,000.002023 SOCIAL MEDIA ADS MANAGEMENT SERVICE 0.00 0.00 1,500.002023 STOCK FOOTAGE (STORYBLOCK)0.00 0.00 360.002023 FIN DONATIONS & CONTRIBUTIONS 7,000.00100-139-64902 119 Budget Detail Description Units Price AmountBudget Code EAGLE RIVER WATERSHED COUNCIL (STORMDRAIN DECALS P 0.00 0.00 7,000.002023 AUDIO/VISUAL EQUIPMENT 6,600.00100-139-66403 Budget Detail Description Units Price AmountBudget Code AUDIO RECORDER 0.00 0.00 250.002023 BODYPACK MICROPHONE 0.00 0.00 400.002023 CAMERA 0.00 0.00 3,500.002023 CAMERA BAG 0.00 0.00 250.002023 LENS 0.00 0.00 2,200.002023 Total Program: 139 - Sustainability:70,770.00 Program: 141 - FINANCE EMPLOYEE RECOGNITION EXPENSE 420.00100-141-62801 Budget Detail Description Units Price AmountBudget Code 7 EMPLOYEES 7.00 60.00 420.002023 SOFTWARE 1,000.00100-141-62904 Budget Detail Description Units Price AmountBudget Code ADOBE ACROBAT 0.00 0.00 300.002023 MISCELLANEOUS SOFTWARE 0.00 0.00 550.002023 WEBROOT 0.00 0.00 150.002023 BOOKS & PERIODICALS 2,810.00100-141-62905 Budget Detail Description Units Price AmountBudget Code AICPA AUDIT GUIDE 0.00 0.00 160.002023 CHECKPOINT SUBSRIPTION 0.00 0.00 2,200.002023 GRANTS MANAGEMENT GUIDE 0.00 0.00 250.002023 U.S. MASTER TAX GUIDE 0.00 0.00 200.002023 OFFICE SUPPLIES & MATERIALS 1,750.00100-141-62999 Budget Detail Description Units Price AmountBudget Code FINANCE SPECIFIC OFFICE SUPPLIES 0.00 0.00 1,500.002023 STATIONARY 0.00 0.00 250.002023 AUDIT & ACCOUNTING SERVICES 29,000.00100-141-63102 Budget Detail Description Units Price AmountBudget Code 2022 ANNUAL AUDIT 0.00 0.00 25,000.002023 2022 SINGLE AUDIT 0.00 0.00 4,000.002023 OTHER PROFESSIONAL SERVICES 5,000.00100-141-63199 Budget Detail Description Units Price AmountBudget Code SALES TAX AUDIT PROGRAM 0.00 0.00 5,000.002023 PRINTING & REPRODUCTION 1,450.00100-141-63203 Budget Detail Description Units Price AmountBudget Code LASER CHECKS 1.00 550.00 550.002023 MISC PRINTING 0.00 0.00 500.002023 W2 ENVELOPES 0.00 0.00 400.002023 COMPUTER SERVICES 95,610.00100-141-63304 Budget Detail Description Units Price AmountBudget Code CLEARGOV ANNUAL SUB 0.00 0.00 10,000.002023 DEBTBOOK ANNUAL SUBSCRIPTION 0.00 0.00 7,000.002023 KRONOS SUPPORT 0.00 0.00 8,400.002023 LODGINGREVS 0.00 0.00 12,000.002023 MUNIREVS 0.00 0.00 17,460.002023 MUNIREVS CHANGE ORDERS 0.00 0.00 7,000.002023 TYLER ANNUAL FEES 0.00 0.00 30,000.002023 120 TYLER CASHIERING MODULE 0.00 0.00 3,750.002023 R&M-OFFICE EQUIP & COMPUTERS 1,800.00100-141-63504 Budget Detail Description Units Price AmountBudget Code XEROX COPIER PRINT CHARGES 0.00 0.00 1,800.002023 RENTALS-OFFICE EQUIPMENT 1,788.00100-141-63603 Budget Detail Description Units Price AmountBudget Code XEROX COPIER MONTHLY LEASE 0.00 0.00 1,788.002023 PROFESSIONAL DEVELOPMENT 13,500.00100-141-64101 Budget Detail Description Units Price AmountBudget Code CGFOA STAFF TRAINING 0.00 0.00 1,000.002023 CGFOA STATE CONFERENCE (3 EMPLOYEES)0.00 0.00 3,000.002023 CPFO TRAINING & CERTIFICATE (FINANCE MANAGER)0.00 0.00 3,500.002023 FINANCE DIRECTOR CPE (20 HRS. @ $50/HR)0.00 0.00 1,000.002023 GFOA NATIONAL CONFERENCE 0.00 0.00 2,000.002023 TYLER CONFERENCE (2)0.00 0.00 3,000.002023 DUES, LICENSES & MEMBERSHIPS 1,270.00100-141-64102 Budget Detail Description Units Price AmountBudget Code AMERICAN INSTITUTE OF CPAS 1.00 150.00 150.002023 CGFOA MEMBERSHIPS 6.00 65.00 390.002023 CPFO ANNUAL MEMBERSHIP 2.00 175.00 350.002023 GFOA MEMBERSHIP 2.00 170.00 340.002023 NOTARY LICENSES 2.00 20.00 40.002023 MEETING EXPENSES 1,550.00100-141-64104 Budget Detail Description Units Price AmountBudget Code PAYROLL ASSOCIATION MEETINGS 2.00 150.00 300.002023 STAFF AND ORGANIZATIONAL LUCHES 4.00 175.00 700.002023 TAX COALITION MEETINGS 0.00 0.00 250.002023 WESTERN SLOPE COALITION MEETING 2.00 150.00 300.002023 CELLULAR & PAGING 1,896.00100-141-64206 Budget Detail Description Units Price AmountBudget Code 2023 VERIZON FINANCE 110.00 12.00 1,320.002023 JOEL CELLPHONE ALLOWANCE 12.00 48.00 576.002023 POSTAGE & DELIVERY COSTS 100.00100-141-64301 Budget Detail Description Units Price AmountBudget Code FEDEX DELIVERY CHARGES 0.00 0.00 100.002023 BANK SERVICES CHARGES & CC FEES 6,200.00100-141-64307 Budget Detail Description Units Price AmountBudget Code 1ST BANK FEES 50.00 12.00 600.002023 SALES TAX ACCOUNT 12.00 450.00 5,400.002023 SUTS CC FEES 1.00 200.00 200.002023 OTHER ADMINISTRATIVE FEES 3,500.00100-141-64399 Budget Detail Description Units Price AmountBudget Code GFOA CERTIFICATE OF EXCELLENCE 0.00 0.00 500.002023 SIMPLIFILE / EAGLE COUNTY RECORDINGS 0.00 0.00 3,000.002023 Total Program: 141 - FINANCE:168,644.00 Program: 143 - INFORMATION SYSTEMS EMPLOYEE RECOGNITION EXPENSE 120.00100-143-62801 Budget Detail Description Units Price AmountBudget Code 2 EMPLOYEES @ $60 EA 2.00 60.00 120.002023 121 SOFTWARE 750.00100-143-62904 COMPUTER SERVICES 259,312.00100-143-63304 Budget Detail Description Units Price AmountBudget Code 2 SNAGIT LICENSES 2.00 54.00 108.002023 3 CORE SW NEW 2022 ORDERED NOT YET RECEIVED 0.00 0.00 4,000.002023 4 AP 1Y MAINT SPECIAL EVENTS 4.00 142.00 568.002023 4 NEW EDGE SW 2022 ORDERED NOT YET RECEIVED 0.00 0.00 3,500.002023 ANY DESK 2 LICENSES 0.00 0.00 550.002023 AUDIOCODES RENEWAL 0.00 0.00 3,500.002023 AZURE 3 CLOUD SERVERS 2 FOR SMARTTAP 1 TEAMS 0.00 0.00 2,335.002023 AZURE AD PREMIUM P1 135 X $6 MONTH 0.00 0.00 9,720.002023 AZURE STORAGE $19.89 PER TB 5TB 0.00 0.00 1,194.002023 AZURE VPN GATEWAY 0.00 0.00 1,665.002023 BARRACUDA BACKUP SERVER + CLOUD SERVICE 1Y MAINT 0.00 0.00 14,076.002023 BARRACUDA EMAIL ARCHIVER 1Y MAINT 0.00 0.00 3,670.002023 BU-VMHOST WZP23200U05 1Y MAINT A-ID 19112 0.00 0.00 900.002023 DC-VMHOST-01 WMP242600P0 1Y MAINT A-ID 00027 0.00 0.00 958.002023 DC-VMHOST-02 WMP242600PN 1Y MAINT A-ID 00026 0.00 0.00 958.002023 DC-VMHOST03 WZP23200U0H 1Y MAINT A-ID 19111 0.00 0.00 900.002023 DOCUSIGN ANNUAL MAINT 0.00 0.00 13,200.002023 E-911 TEAMS 0.00 0.00 6,000.002023 ELECTRONIC RECYCLING 0.00 0.00 400.002023 FIREWALL WITH FIREPOWER JMX2140G0B9 1Y MAINT A-ID 0.00 0.00 4,323.002023 GREEN ROOM AP 0.00 0.00 153.002023 JAM TREESIZE 0.00 0.00 60.002023 KEMP VITRUAL LOAD BALANCER 0.00 0.00 1,265.002023 LASERFICHE 20 HOUR SUPPORT BLOCK 0.00 0.00 3,000.002023 LASERFICHE ANNUAL SUPPORT 0.00 0.00 9,500.002023 MICROSOFT DEFENDER FOR CLOUD APPS 1 X $3.50 MONTH 0.00 0.00 42.002023 MICROSOFT OFFICE 365 BACKUP 146 X $4 0.00 0.00 7,008.002023 MICROSOFT OFFICE 365 E1 50 X $8 MONTH 0.00 0.00 4,800.002023 MICROSOFT OFFICE 365 E5 105 X $38 MONTH 0.00 0.00 47,888.002023 MICROSOFT TEAMS PHONE STANDARD 1 $8 MONTH 0.00 0.00 96.002023 MICROSOFT TEAMS ROOM SYSTEM - 2 ROOMS $15 MONTH 0.00 0.00 360.002023 NEW AP / LICENSES ORDERED NOT YET RECEIVED 0.00 0.00 700.002023 NEW COMPUTER IMAGING SOLUTION AND PATCH MANAGEMENT 0.00 0.00 5,000.002023 OFFICE PRO PLUS SA 5 LICENSES 0.00 0.00 625.002023 OFFICE STD SA 20 LICENSES 0.00 0.00 1,800.002023 OLD VMHOST NEW DC FCH1938V2MH A-ID 1996 0.00 0.00 1.002023 PEI LABOR W/ MANAGED SERVICES 0.00 0.00 7,000.002023 PEI LICENSE MANAGEMENT $75 X 12 0.00 0.00 900.002023 PEI MANAGED SERVICES 1 YR 1,800 / MONTH 0.00 0.00 21,600.002023 PHONE HEADSET REPLACEMENTS REPLACED AS NEEDED 0.00 0.00 1,500.002023 PRIVATE DSL LINES R60 W60 S150 0.00 0.00 3,240.002023 PROOFPOINT SPAM FILTER 1YR SUB 200 X $2.25 X 12 MO 0.00 0.00 5,400.002023 SENTINALONE MDR/EDR 12.00 1,600.00 19,200.002023 SQL SERVIER STD SA 5 LICENSES 0.00 0.00 9,850.002023 SW FLEET-SW02 FCW1937B1NV 1Y MAINT 0.00 0.00 917.002023 SW NTH-FL1SW01 FJC2218W1Q8 1Y MAINT A-ID 18015 0.00 0.00 918.002023 SW NTHFL2SW01 FOC2417L8FC 1Y MAINT A-ID 00023 0.00 0.00 918.002023 SW NTH-FL3SW01 FJC2218W1S6 1Y MAINT A-ID 18016 0.00 0.00 918.002023 SW NTH-FL3SW02 FJC2218W1MV 1Y MAINT A-ID 18017 0.00 0.00 918.002023 SW PSF-CORE01-1 FCW2116C0RA 1Y MAINT 0.00 0.00 2,112.002023 SW PSF-CORE01-2 FOC2116U0UA 1Y MAINT 0.00 0.00 2,112.002023 SW PSF-CORE01-3 FOC2116X0RF 1Y MAINT 0.00 0.00 2,112.002023 SW PSF-SW01 FOC2051S1YX 1Y MAINT 0.00 0.00 972.002023 SW REC-02 FJC2328W0CW 1Y MAINT A-ID 19114 0.00 0.00 918.002023 SW REC-02 FJC2328W0CW 1Y MAINT A-ID 19114 0.00 0.00 918.002023 SW REC-FL1SW01 FJC2218W1SH 1Y MAINT A-ID 18018 0.00 0.00 918.002023 SW SRVSW01 FOC2417L8BZ 1Y MAINT A-ID 00021 0.00 0.00 918.002023 SW SRVSW02 FOC2417L8E9 1Y MAINT A-ID 00022 0.00 0.00 918.002023 SW TOA-BB01 FJC24111267 1Y MAINT A-ID 19113 0.00 0.00 918.002023 SW TOA-BB02 FJC2328W02D 1Y MAINT A-ID 19115 0.00 0.00 918.002023 SW TOA-BB03 FJC2328W05L 1Y MAINT A-ID 19116 0.00 0.00 918.002023 VISIO SA 0.00 0.00 600.002023 122 VMWARE 1 Y MAINT 0.00 0.00 7,300.002023 WI-FI ACCESS POINTS INCLUDING PAVILION AP'S 0.00 0.00 2,119.002023 WINDOWS ENTERPRISE SA 7 LICENSES 0.00 0.00 385.002023 WINDOWS SERVER CAL SA 162 LICENSES 162.00 18.00 2,916.002023 WINDOWS SERVER STANDARD SA 80 DUAL CORE 0.00 0.00 1,900.002023 WIRELESS CONTROLLER FOL244800HW A-ID 0.00 0.00 1,338.002023 R&M-OFFICE EQUIP & COMPUTERS 4,150.00100-143-63504 Budget Detail Description Units Price AmountBudget Code REPLACMENT OF APC UPS BATTERIES 4.00 600.00 2,400.002023 REPLACMENT OF BROKEN HARDWARE 0.00 0.00 1,750.002023 PROFESSIONAL DEVELOPMENT 13,300.00100-143-64101 Budget Detail Description Units Price AmountBudget Code CGAIT CONFERENCE 0.00 0.00 800.002023 LASERFICHE CONFERENCE 0.00 0.00 2,500.002023 TRAINING CLASS ONE EACH FOR WALT AND ROBERT 2.00 3,000.00 6,000.002023 VMWORLD CONFERENCE 0.00 0.00 4,000.002023 DUES, LICENSES & MEMBERSHIPS 330.00100-143-64102 Budget Detail Description Units Price AmountBudget Code CGAIT DUES 0.00 0.00 330.002023 Total Program: 143 - INFORMATION SYSTEMS:277,962.00 Program: 149 - NONDEPARTMENTAL GASOLINE 600.00100-149-62401 Budget Detail Description Units Price AmountBudget Code GASOLINE FOR ADMIN CHECKOUT VEHICLES 0.00 0.00 600.002023 FOOD & BEVERAGES 2,500.00100-149-62802 Budget Detail Description Units Price AmountBudget Code MONTHLY STAFF COFFEES 0.00 0.00 1,500.002023 TOWN HALL COFFEE 0.00 0.00 1,000.002023 AUDIO/VISUAL SUPPLIES 30,000.00100-149-62902 Budget Detail Description Units Price AmountBudget Code AV SUPPLIES 3RD FLOOR CONFERENCE ROOM 0.00 0.00 30,000.002023 OFFICE SUPPLIES & MATERIALS 2,500.00100-149-62999 Budget Detail Description Units Price AmountBudget Code PRINT PAPER & GENERAL SUPPLIES TH 0.00 0.00 2,500.002023 PRINTING & REPRODUCTION 3,000.00100-149-63203 Budget Detail Description Units Price AmountBudget Code MISC PRINTING & REPRODUCTION 0.00 0.00 2,000.002023 TOA ENVELOPES 0.00 0.00 1,000.002023 AUDIO/VISUAL SERVICES 5,664.00100-149-63305 Budget Detail Description Units Price AmountBudget Code AV SYSTEM SUPPORT 0.00 0.00 5,664.002023 R&M-OFFICE EQUIP & COMPUTERS 120.00100-149-63504 Budget Detail Description Units Price AmountBudget Code MONTHLY XEROX COPIER PRINT CHARGES 0.00 0.00 120.002023 RENTALS-OFFICE EQUIPMENT 2,388.00100-149-63603 Budget Detail Description Units Price AmountBudget Code MONTHLY XEROX COPIER LEASE 12.00 199.00 2,388.002023 123 OTHER PURCHASED & CONTRACTED SERVICES 4,551.00100-149-63999 Budget Detail Description Units Price AmountBudget Code EBMS FLEXIBLE SPENDING ACCOUNT FEES 0.00 0.00 1.002023 EMPLOYEE ECO TRANIST BUS PASSES - VALLEY FLOOR 30.00 85.00 2,550.002023 EMPLOYEE ECO TRANSIT BUS PASSES - LEADVILLE 10.00 200.00 2,000.002023 TELEPHONE 76,320.00100-149-64201 Budget Detail Description Units Price AmountBudget Code LEVEL3 SIP SERVICE 0.00 0.00 5,500.002023 NEW HORIZON ANALOGUE PHONE LINES FOR ALARMS, FAX,12.00 4,235.00 50,820.002023 VISIONARY INTERNET AND BACKUP POINT TO POINT 0.00 0.00 20,000.002023 POSTAGE & DELIVERY COSTS 4,500.00100-149-64301 Budget Detail Description Units Price AmountBudget Code CMS SUPPLIES 0.00 0.00 500.002023 NEOPOST 0.00 0.00 4,000.002023 TREASURER FEES 40,500.00100-149-64303 Budget Detail Description Units Price AmountBudget Code EAGLE COUNTY TREASURER FEES 0.00 0.00 40,500.002023 VAA RSF COLLECTION FEES 13,000.00100-149-64309 Budget Detail Description Units Price AmountBudget Code VAA RSF COLLECTION FEES 0.00 0.00 13,000.002023 OTHER ADMINISTRATIVE FEES 10,540.00100-149-64399 Budget Detail Description Units Price AmountBudget Code FIRST WESTERN FEES - FT 457 PLAN 0.00 0.00 2,200.002023 FIRST WESTERN FEES - PTS 457 PLAN 0.00 0.00 800.002023 PRINCIPAL QUARTERLY 457 PLAN FEES 0.00 0.00 7,540.002023 FLEET MAINTENANCE 5,186.00100-149-64401 Budget Detail Description Units Price AmountBudget Code FLEET MAINTENANCE CHARGES 0.00 0.00 5,186.002023 EQUIPMENT REPLACEMENT CHARGES 175,640.00100-149-64402 Budget Detail Description Units Price AmountBudget Code EQUIPMENT REPLACEMENT CHARGES 0.00 0.00 175,640.002023 WASH BAY CHARGES 728.00100-149-64403 Budget Detail Description Units Price AmountBudget Code WASH BAY CHARGES 0.00 0.00 728.002023 INSURANCE PREMIUMS 157,766.00100-149-64905 Budget Detail Description Units Price AmountBudget Code 2023 PROPERTY/CASUALTY COVERAGE 0.00 0.00 146,072.002023 EXCESS CRIME 0.00 0.00 675.002023 EXCESS CYBER 0.00 0.00 6,971.002023 FIDUCIARY LIABILITY - RETIREMENT BOARDS 0.00 0.00 3,504.002023 TREASURER BOND - FINANCE DIRECTOR 0.00 0.00 350.002023 VAMP 0.00 0.00 194.002023 Total Program: 149 - NONDEPARTMENTAL:535,503.00 124 Program: 212 - PLANNING EMPLOYEE RECOGNITION EXPENSE 180.00100-212-62801 Budget Detail Description Units Price AmountBudget Code PLANNER 1 0.00 0.00 60.002023 PLANNING DIR 0.00 0.00 60.002023 SENIOR PLANNER 0.00 0.00 60.002023 SOFTWARE 600.00100-212-62904 Budget Detail Description Units Price AmountBudget Code ADOBE CREATIVE CLOUD 0.00 0.00 600.002023 OFFICE SUPPLIES & MATERIALS 450.00100-212-62999 Budget Detail Description Units Price AmountBudget Code BUILDING & PLANNING SUPPLIES (CONSOLIDATED)0.00 0.00 450.002023 LEGAL SERVICES 5,500.00100-212-63101 Budget Detail Description Units Price AmountBudget Code LAND USE CASE REVIEW/TOWN ATTORNEY REIMBURSEMENTS 0.00 0.00 5,500.002023 OTHER PROFESSIONAL SERVICES 48,500.00100-212-63199 Budget Detail Description Units Price AmountBudget Code EAGLE COUNTY GIS 0.00 0.00 1,500.002023 EAST AVON MASTER PLANNING-MATCH 0.00 0.00 20,000.002023 GIS TRAINING FOR COM DEV 0.00 0.00 5,000.002023 SUN RD MASTER PLANNING-MATCH 0.00 0.00 20,000.002023 VALLEY HOME STORE RESALE & QUALIFICATIONS 0.00 0.00 2,000.002023 PRINTING & REPRODUCTION 500.00100-212-63203 Budget Detail Description Units Price AmountBudget Code LARGE FORMAT COPIES 0.00 0.00 500.002023 COMPUTER SERVICES 13,175.00100-212-63304 Budget Detail Description Units Price AmountBudget Code DEPARTMENT SOFTWARE 0.00 0.00 12,350.002023 DUDE MERCHANT CONNECTOR 0.00 0.00 825.002023 R&M-OFFICE EQUIP & COMPUTERS 2,600.00100-212-63504 Budget Detail Description Units Price AmountBudget Code HP LARGE FORMAT PLOTTER MAINTENANCE 0.00 0.00 800.002023 HP LARGE FORMAT PLOTTER MATERIALS 0.00 0.00 800.002023 XEROX PRINTER CHARGES 0.00 0.00 1,000.002023 RENTALS-OFFICE EQUIPMENT 1,500.00100-212-63603 Budget Detail Description Units Price AmountBudget Code XEROX LEASE 0.00 0.00 1,500.002023 PROFESSIONAL DEVELOPMENT 3,800.00100-212-64101 Budget Detail Description Units Price AmountBudget Code APA STATE CONFERENCE 3.00 850.00 2,550.002023 DEVELOPMENT/LEADERSHIP TRAINING 0.00 0.00 1,000.002023 GRANT WRITING TRAINING 0.00 0.00 250.002023 DUES, LICENSES & MEMBERSHIPS 1,275.00100-212-64102 Budget Detail Description Units Price AmountBudget Code APA STATE 0.00 0.00 75.002023 APA/AICP 2.00 600.00 1,200.002023 MEETING EXPENSES 500.00100-212-64104 125 Budget Detail Description Units Price AmountBudget Code DEPARTMENT MEETINGS 0.00 0.00 500.002023 POSTAGE & DELIVERY COSTS 2,500.00100-212-64301 Budget Detail Description Units Price AmountBudget Code STR MAILINGS & HOUSING VERIFICATIONS 0.00 0.00 2,500.002023 RECORDING FEES 350.00100-212-64302 Budget Detail Description Units Price AmountBudget Code EAGLE COUNTY CLERK & RECORDER 0.00 0.00 350.002023 ADVERTISING/LEGAL NOTICES 1,500.00100-212-64901 Budget Detail Description Units Price AmountBudget Code VAIL DAILY ADVERTISEMENT AND LEGAL 0.00 0.00 1,500.002023 COMPUTERS & PERIPHERALS 1,950.00100-212-66402 Budget Detail Description Units Price AmountBudget Code HEADSETS 2.00 350.00 700.002023 MT WHITNEY ROOM COMPUTER 0.00 0.00 1,250.002023 Total Program: 212 - PLANNING:84,880.00 Program: 213 - BUILDING INSPECTION GASOLINE 550.00100-213-62401 Budget Detail Description Units Price AmountBudget Code HYBRID 0.00 0.00 550.002023 EMPLOYEE RECOGNITION EXPENSE 180.00100-213-62801 Budget Detail Description Units Price AmountBudget Code BUILDING STAFF 3.00 60.00 180.002023 SOFTWARE 1,080.00100-213-62904 Budget Detail Description Units Price AmountBudget Code ACROBAT LICENSE 0.00 0.00 360.002023 ICC DIGITAL CODE 0.00 0.00 720.002023 BOOKS & PERIODICALS 950.00100-213-62905 Budget Detail Description Units Price AmountBudget Code ICC CODE BOOK SET 0.00 0.00 950.002023 OTHER PROFESSIONAL SERVICES 6,500.00100-213-63199 Budget Detail Description Units Price AmountBudget Code MICROFICHE SCANNING OF HISTORIC FILES 0.00 0.00 6,500.002023 PROFESSIONAL DEVELOPMENT 140.00100-213-64101 Budget Detail Description Units Price AmountBudget Code 2021 IPC CODE STUDY PACK 0.00 0.00 140.002023 DUES, LICENSES & MEMBERSHIPS 345.00100-213-64102 Budget Detail Description Units Price AmountBudget Code ICC CERTIFICATION; PERMIT TECH 0.00 0.00 95.002023 ICC CERTIFICATIONS: INSPECTOR 0.00 0.00 250.002023 CELLULAR & PAGING 2,090.00100-213-64206 Budget Detail Description Units Price AmountBudget Code INSPECTOR CELL PHONES 2.00 745.00 1,490.002023 IPAD CELLULAR 0.00 0.00 600.002023 126 FLEET MAINTENANCE 252.00100-213-64401 Budget Detail Description Units Price AmountBudget Code FLEET MAINTENANCE CHARGES 0.00 0.00 252.002023 WASH BAY CHARGES 728.00100-213-64403 Budget Detail Description Units Price AmountBudget Code WASH BAY CHARGES 0.00 0.00 728.002023 COMPUTERS & PERIPHERALS 3,700.00100-213-66402 Budget Detail Description Units Price AmountBudget Code (NEW) BUILDING INSPECTOR COMPUTER 0.00 0.00 2,400.002023 (NEW) BUILDING INSPECTOR HEADSET 0.00 0.00 350.002023 (NEW) BUILDING INSPECTOR MONITORS 0.00 0.00 300.002023 IPAD FOR INSPECTIONS 0.00 0.00 650.002023 AUTOMOBILES AND LIGHT-DUTY TRUCKS 94,990.00100-213-66501 Budget Detail Description Units Price AmountBudget Code UTILITY EV - VW ID.4 (2)0.00 0.00 94,990.002023 Total Program: 213 - BUILDING INSPECTION:111,505.00 Program: 220 - PLANNING AND ZONING COMMISSION EMPLOYEE RECOGNITION EXPENSE 180.00100-220-62801 Budget Detail Description Units Price AmountBudget Code BUILDING STAFF 3.00 60.00 180.002023 PROFESSIONAL DEVELOPMENT 3,600.00100-220-64101 Budget Detail Description Units Price AmountBudget Code APA CO CONFERENCE 3.00 1,200.00 3,600.002023 MEETING EXPENSES 3,300.00100-220-64104 Budget Detail Description Units Price AmountBudget Code FOOD & SUPPLIES 22.00 150.00 3,300.002023 Total Program: 220 - PLANNING AND ZONING COMMISSION:7,080.00 Program: 311 - POLICE ADMINISTRATION GASOLINE 7,685.00100-311-62401 Budget Detail Description Units Price AmountBudget Code GAS FOR ADMIN VEHICLES 0.00 0.00 7,685.002023 EMPLOYEE RECOGNITION EXPENSE 2,000.00100-311-62801 Budget Detail Description Units Price AmountBudget Code EMPLOYEE INCENTIVES, COMMENDATION AWARDS, RECOGNIT 0.00 0.00 2,000.002023 FOOD & BEVERAGES 4,700.00100-311-62802 Budget Detail Description Units Price AmountBudget Code FAMILY NIGHT 0.00 0.00 700.002023 FOOD FOR MEETINGS, INERVIEWS, ETC 0.00 0.00 1,900.002023 NATIONAL NIGHT OUT (PAID BY DONATIONS)0.00 0.00 1,200.002023 TEAM MEALS $200 X 4; $100 X1 0.00 0.00 900.002023 CLOTHING & UNIFORMS 1,850.00100-311-62805 Budget Detail Description Units Price AmountBudget Code ADMIN UNIFORMS 3.00 150.00 450.002023 CHIEF AND DC UNIFORMS 2.00 700.00 1,400.002023 CONSUMABLE TOOLS/SMALL EQUIP 2,775.00100-311-62807 127 Budget Detail Description Units Price AmountBudget Code FURNITURE 0.00 0.00 2,000.002023 MISCELLANEOUS EQUIPMENT 0.00 0.00 775.002023 PROMOTIONAL & MARKETING MATERIALS 5,620.00100-311-62808 Budget Detail Description Units Price AmountBudget Code APD SHIRTS 0.00 0.00 1,400.002023 CHALLENGE COINS 200.00 10.60 2,120.002023 NATIONAL NIGHT OUT 0.00 0.00 800.002023 PHOTOGRAPHS 0.00 0.00 800.002023 STICKERS, PENS, GIVEAWAY 0.00 0.00 500.002023 DUPLICATING SUPPLIES 600.00100-311-62901 Budget Detail Description Units Price AmountBudget Code COPIER, PAPER, TONER, MISC 0.00 0.00 600.002023 AUDIO/VISUAL SUPPLIES 1,000.00100-311-62902 Budget Detail Description Units Price AmountBudget Code AUDIO/ VISUAL 0.00 0.00 1,000.002023 SOFTWARE 10,004.00100-311-62904 Budget Detail Description Units Price AmountBudget Code ADOBE ACROBAT FOR NEW DESKTOPS IN 2023 X 3 3.00 400.00 1,200.002023 GUARDIAN IA SOFTWARE 0.00 0.00 5,000.002023 POWER DMS CALEA LICENSES 0.00 0.00 3,804.002023 BOOKS & PERIODICALS 1,000.00100-311-62905 Budget Detail Description Units Price AmountBudget Code CRS BOOKS 0.00 0.00 350.002023 ID MANUAL 0.00 0.00 150.002023 POCKET PRESS MINI LAW BOOKS 0.00 0.00 500.002023 OFFICE SUPPLIES & MATERIALS 3,000.00100-311-62999 Budget Detail Description Units Price AmountBudget Code MISC SUPPLIES, PENS, NOTE PADS, MEMORY CARDS, FOLD 0.00 0.00 2,500.002023 NOTARY STAMPS 0.00 0.00 500.002023 PRINTING & REPRODUCTION 3,000.00100-311-63203 Budget Detail Description Units Price AmountBudget Code BUSINESS CARD, STATIONARY, PAMPHLETS, COURT ENVELO 0.00 0.00 3,000.002023 MEDICAL SERVICES & EXAMS 3,000.00100-311-63301 Budget Detail Description Units Price AmountBudget Code PSYCH EXAM & POLYGRAPHS 0.00 0.00 3,000.002023 OTHER PURCHASED & CONTRACTED SERVICES 10,661.00100-311-63999 Budget Detail Description Units Price AmountBudget Code ABANDON VEHICLES 0.00 0.00 1,000.002023 CALEA ACCREDITATION FEE 0.00 0.00 4,065.002023 FLOOR MAT CLEANING 26.00 96.00 2,496.002023 VEHICLE TOWING 0.00 0.00 3,100.002023 PROFESSIONAL DEVELOPMENT 17,450.00100-311-64101 Budget Detail Description Units Price AmountBudget Code CACP CONFERENCES 0.00 0.00 1,000.002023 DC MEMORIAL WEEK 0.00 0.00 4,500.002023 EVIDENCE CERTIFICATION 0.00 0.00 500.002023 IACP CONFERENCE CHIEF & DEPUTY CHIEF 0.00 0.00 4,000.002023 PROFESSIONAL 0.00 0.00 4,000.002023 128 PUBLIC SAFETY AWARDS 550.00 0.00 0.00 550.002023 RECORDS CERTIFICATIONS 0.00 0.00 400.002023 RMAN 0.00 0.00 1,500.002023 SWAT 0.00 0.00 1,000.002023 DUES, LICENSES & MEMBERSHIPS 2,880.00100-311-64102 Budget Detail Description Units Price AmountBudget Code CACP MEMBERSHIP 0.00 0.00 810.002023 CCRN 0.00 0.00 100.002023 COLORADO CHIEFS 0.00 0.00 300.002023 CONSOLIDATED COMM NETWORK OF CO 0.00 0.00 100.002023 EAGLE RIVER YOUTH 0.00 0.00 250.002023 FBI DUES 0.00 0.00 240.002023 IACP DALY & COSPER MEMBERSHIP 0.00 0.00 380.002023 IAPE 0.00 0.00 50.002023 NTOA DALY 0.00 0.00 50.002023 RMTTA DALY 0.00 0.00 50.002023 ROCKY MTN ACCREDIDATION NETWORK 0.00 0.00 100.002023 WHEN I WORK 0.00 0.00 450.002023 CELLULAR & PAGING 1,600.00100-311-64206 Budget Detail Description Units Price AmountBudget Code CELL PHONE (2)0.00 0.00 1,600.002023 POSTAGE & DELIVERY COSTS 1,400.00100-311-64301 Budget Detail Description Units Price AmountBudget Code POSTAGE & DELIVERY COST OF EVIDENCE ITEMS 0.00 0.00 1,400.002023 FLEET MAINTENANCE 9,015.00100-311-64401 Budget Detail Description Units Price AmountBudget Code FLEET MAINTENANCE CHARGES 0.00 0.00 9,015.002023 EQUIPMENT REPLACEMENT CHARGES 27,222.00100-311-64402 Budget Detail Description Units Price AmountBudget Code EQUIPMENT REPLACEMENT CHARGES 0.00 0.00 27,222.002023 WASH BAY CHARGES 1,092.00100-311-64403 Budget Detail Description Units Price AmountBudget Code WASH BAY CHARGES 0.00 0.00 1,092.002023 INSURANCE PREMIUMS 59,264.00100-311-64905 Budget Detail Description Units Price AmountBudget Code CIRSA PROPERTY/CASUALTY 0.00 0.00 59,264.002023 Total Program: 311 - POLICE ADMINISTRATION:176,818.00 Program: 312 - PATROL POLICE OPERATING & FIELD SUPPLIES 16,000.00100-312-62101 Budget Detail Description Units Price AmountBudget Code FIELD EQUIPMENT 0.00 0.00 8,000.002023 STOP STICKS 0.00 0.00 8,000.002023 FIREARMS & WEAPONS SUPPLIES 36,900.00100-312-62102 Budget Detail Description Units Price AmountBudget Code FIREARMS SUPPLIES / AMMUNITION 0.00 0.00 20,000.002023 SOU FIREARMS 0.00 0.00 1,000.002023 TASER 7- YEAR 5 OF 5 YEAR PLAN 0.00 0.00 15,900.002023 GASOLINE 48,230.00100-312-62401 129 Budget Detail Description Units Price AmountBudget Code GASOLINE FOR (13) PATROL VEHICLES 0.00 0.00 48,230.002023 TRAINING SUPPLIES 2,000.00100-312-62804 Budget Detail Description Units Price AmountBudget Code DEFENSIVE TACTICS/ ARREST CONTROL EQUIPMENT 0.00 0.00 2,000.002023 CLOTHING & UNIFORMS 21,800.00100-312-62805 Budget Detail Description Units Price AmountBudget Code FLEX BADGES 0.00 0.00 2,500.002023 MISC UNIFORMS 0.00 0.00 6,000.002023 UNIFORMS (12 OFFICERS, 1 PT SGT, 4 SGT & 2 RANGERS 0.00 0.00 13,300.002023 SAFETY MATERIALS & SUPPLIES 21,001.00100-312-62806 Budget Detail Description Units Price AmountBudget Code BALLISTIC VEST 0.00 0.00 3,600.002023 FLARES, CONES, SAFETY EQUIPMENT, WINTER BOOTS 0.00 0.00 11,400.002023 NARCAN REPLACE IN 2025 0.00 0.00 1.002023 SHIELDS 0.00 0.00 6,000.002023 CONSUMABLE TOOLS/SMALL EQUIP 1,300.00100-312-62807 Budget Detail Description Units Price AmountBudget Code NARCOTICTS TESTING NIK KITS, SWABS 0.00 0.00 1,300.002023 SOFTWARE 1,020.00100-312-62904 Budget Detail Description Units Price AmountBudget Code INPUT ACE 0.00 0.00 1,020.002023 LABORATORY SERVICES 988.00100-312-63302 Budget Detail Description Units Price AmountBudget Code BLOOD KITS 200.00 4.94 988.002023 COMPUTER SERVICES 72,471.00100-312-63304 Budget Detail Description Units Price AmountBudget Code AGENCY 360-FTO PROGRAM 0.00 0.00 2,197.002023 AXON AIR- DRONE ( YEAR 4 OF 5)0.00 0.00 900.002023 AXON BWC FEES, EVIDENCE. COM & RESPOND (YEAR 2 OF 0.00 0.00 29,888.002023 AXON IN CAR CAMERA SYSTEM (YEAR 3 OF 6)0.00 0.00 29,952.002023 AXON REDACTION ASSISTANT 0.00 0.00 2,592.002023 DRONE SIMULATOR DESKTOP 0.00 0.00 3,000.002023 LIVESCAN FINGERPRINT SYSTEM MAINTENANCE 0.00 0.00 3,942.002023 PROFESSIONAL DEVELOPMENT 69,000.00100-312-64101 Budget Detail Description Units Price AmountBudget Code ACADEMY 0.00 0.00 9,000.002023 KRAV (POST I-70)0.00 0.00 20,000.002023 MISC TRAINING, BIKE PATROL, COMMUNITY POLICING ETC 0.00 0.00 40,000.002023 DUES, LICENSES & MEMBERSHIPS 3,400.00100-312-64102 Budget Detail Description Units Price AmountBudget Code INT. HOMICIDE 0.00 0.00 50.002023 IPMBA 0.00 0.00 60.002023 LUMEN LICENSING 21X125 OFFICERS 21.00 125.00 2,625.002023 MISC 0.00 0.00 60.002023 NATIONAL ASSOCIATION SCHOOL RESOURCE OFFICER 0.00 0.00 80.002023 NTOA LOVINS, STAMP, DAMMEN, JAMISON, BALDWIN 0.00 0.00 200.002023 ROCKY MONTAIN TACTICAL TEAM 0.00 0.00 150.002023 ROCKY MOUNTAIN INFO NETWORK 0.00 0.00 175.002023 CELLULAR & PAGING 12,182.00100-312-64206 130 Budget Detail Description Units Price AmountBudget Code CELL PHONES (ALL THE OFFICERS)0.00 0.00 12,182.002023 FLEET MAINTENANCE 75,878.00100-312-64401 Budget Detail Description Units Price AmountBudget Code FLEET MAINTENANCE CHARGES 0.00 0.00 75,878.002023 EQUIPMENT REPLACEMENT CHARGES 193,289.00100-312-64402 Budget Detail Description Units Price AmountBudget Code EQUIPMENT REPLACEMENT CHARGES 0.00 0.00 193,289.002023 WASH BAY CHARGES 6,552.00100-312-64403 Budget Detail Description Units Price AmountBudget Code WASH BAY CHARGES 0.00 0.00 6,552.002023 OPERATING FEES & CHARGES 507,317.00100-312-64904 Budget Detail Description Units Price AmountBudget Code 800 MHZ SYSTEM FEE 0.00 0.00 33,451.002023 BDA PM 0.00 0.00 1,350.002023 BOARDING PRISONERS 0.00 0.00 750.002023 COMCAST $129.90 INTERNET MTH INTERNET $49.95 MTH 12.00 180.00 2,160.002023 CRIME STOPPERS 0.00 0.00 500.002023 DOG FOOD/ GROOMING 0.00 0.00 2,500.002023 EAGLE COUNTY ANIMAL SERVICES $1,500 X12 +$100 FOR 0.00 0.00 20,000.002023 E-TICKETING E CRASH MAINT, DOR INTERFACE (TYLER TE 0.00 0.00 5,150.002023 EVIDENCE ON Q 375X12 + EQUIPMENT 2500.00 0.00 0.00 7,000.002023 HOPE CENTER/CRISI 0.00 0.00 19,500.002023 NSWC NIGHT VISION 0.00 0.00 1,500.002023 RIVER BRIDGE CHILD 0.00 0.00 5,000.002023 SOTAR SEX OFFENDER 0.00 0.00 1,500.002023 STARTING HEARTS $1500 DUE 2024 0.00 0.00 1,500.002023 TRASUNION FEE $175X12 MONTHS 12.00 175.00 2,100.002023 TREETOP CHILD FORENSIC 0.00 0.00 5,000.002023 TYLER TECHNOLOGY CO, STOP DATA CONNECTING CITATION 0.00 0.00 2,500.002023 VAIL DISPATCH SERVICES 0.00 0.00 395,756.002023 VOIANCE SIGN LANGUAGE APP 0.00 0.00 100.002023 COMPUTERS & PERIPHERALS 13,000.00100-312-66402 Budget Detail Description Units Price AmountBudget Code HAVIS ELECTRONIC MDT DESKS 0.00 0.00 13,000.002023 PUBLIC SAFETY EQUIPMENT 53,000.00100-312-66406 Budget Detail Description Units Price AmountBudget Code BREACHING EQUIPMENT 0.00 0.00 11,000.002023 RADARS 0.00 0.00 10,000.002023 RADIOS 0.00 0.00 30,000.002023 SOU EQUIPMENT 0.00 0.00 2,000.002023 AUTOMOBILES AND LIGHT-DUTY TRUCKS 108,700.00100-312-66501 Budget Detail Description Units Price AmountBudget Code FORD F150 HYBRID SGT VEHICLE (C/O FROM 2022)0.00 0.00 50,700.002023 FORD F150 HYBRID SGT VEHICLE (C/O FROM 2022)0.00 0.00 58,000.002023 Total Program: 312 - PATROL:1,264,028.00 Program: 313 - INVESTIGATIONS POLICE OPERATING & FIELD SUPPLIES 1,500.00100-313-62101 Budget Detail Description Units Price AmountBudget Code GLOVES, EVIDENCE BAGS, GUN BOXES 0.00 0.00 1,500.002023 GASOLINE 9,216.00100-313-62401 131 Budget Detail Description Units Price AmountBudget Code GAS FOR INVESTIGATION VEHICLES 0.00 0.00 9,216.002023 CLOTHING & UNIFORMS 1,400.00100-313-62805 Budget Detail Description Units Price AmountBudget Code DETECTIVES UNIFORMS 2.00 700.00 1,400.002023 SAFETY MATERIALS & SUPPLIES 200.00100-313-62806 Budget Detail Description Units Price AmountBudget Code GLOVES AND PPE'S 0.00 0.00 200.002023 CONSUMABLE TOOLS/SMALL EQUIP 150.00100-313-62807 Budget Detail Description Units Price AmountBudget Code MISC SUPPLIES 0.00 0.00 150.002023 MEDICAL SERVICES & EXAMS 4,200.00100-313-63301 Budget Detail Description Units Price AmountBudget Code SEX ASSAULT MEDICAL 7.00 600.00 4,200.002023 CELLULAR & PAGING 1,872.00100-313-64206 Budget Detail Description Units Price AmountBudget Code CELL PHONE $130X12 +20 % FOR EXTRAS 0.00 0.00 1,872.002023 FLEET MAINTENANCE 5,899.00100-313-64401 Budget Detail Description Units Price AmountBudget Code FLEET MAINTENANCE CHARGES 0.00 0.00 5,899.002023 EQUIPMENT REPLACEMENT CHARGES 15,705.00100-313-64402 Budget Detail Description Units Price AmountBudget Code EQUIPMENT REPLACEMENT CHARGES 0.00 0.00 15,705.002023 WASH BAY CHARGES 728.00100-313-64403 Budget Detail Description Units Price AmountBudget Code WASH BAY CHARGES 0.00 0.00 728.002023 Total Program: 313 - INVESTIGATIONS:40,870.00 Program: 411 - PW OPERATIONS ADMIN EMPLOYEE RECOGNITION EXPENSE 100.00100-411-62801 FOOD & BEVERAGES 1,000.00100-411-62802 OTHER MISC OPERATING SUPPLIES 500.00100-411-62899 SOFTWARE 14,218.00100-411-62904 Budget Detail Description Units Price AmountBudget Code ADOBE ACROBAT 2 SUBSCRIPTIONS 2.00 359.00 718.002023 AUTOCAD CIVIL 3D 1 ANNUAL RENEWAL 0.00 0.00 2,500.002023 PUBWORKS 0.00 0.00 11,000.002023 OFFICE SUPPLIES & MATERIALS 500.00100-411-62999 PROFESSIONAL DEVELOPMENT 1,500.00100-411-64101 TRAINING 1,500.00100-411-64105 CELLULAR & PAGING 1,440.00100-411-64206 Budget Detail Description Units Price AmountBudget Code 2 Phones x12x$59.99 24.00 60.00 1,440.002023 COMPUTERS & PERIPHERALS 3,000.00100-411-66402 Total Program: 411 - PW OPERATIONS ADMIN:23,758.00 132 Program: 412 - ENGINEERING GASOLINE 400.00100-412-62401 Budget Detail Description Units Price AmountBudget Code 2 ENG VEHICLES 1.00 400.00 400.002023 EMPLOYEE RECOGNITION EXPENSE 240.00100-412-62801 Budget Detail Description Units Price AmountBudget Code 4 Employees 4.00 60.00 240.002023 CONSUMABLE TOOLS/SMALL EQUIP 250.00100-412-62807 Budget Detail Description Units Price AmountBudget Code ENGINEERING TOOLS 1.00 250.00 250.002023 SOFTWARE 9,350.00100-412-62904 Budget Detail Description Units Price AmountBudget Code ADOBE ACROBAT LICENSE 4TH ENG 1.00 400.00 400.002023 AUTO CAD LICENSE 2.00 300.00 600.002023 GIS FIELD LICENSE 5.00 350.00 1,750.002023 GIS LICENSE 11.00 600.00 6,600.002023 OTHER PROFESSIONAL SERVICES 10,000.00100-412-63199 Budget Detail Description Units Price AmountBudget Code TRAFFIC COUNTS 1.00 10,000.00 10,000.002023 RENTALS-OFFICE EQUIPMENT 1,800.00100-412-63603 Budget Detail Description Units Price AmountBudget Code XEROX AT ARTF SECOND FLOOR 12.00 150.00 1,800.002023 PROFESSIONAL DEVELOPMENT 4,000.00100-412-64101 Budget Detail Description Units Price AmountBudget Code GIS TRAINING FOR STAFF 1.00 4,000.00 4,000.002023 DUES, LICENSES & MEMBERSHIPS 485.00100-412-64102 Budget Detail Description Units Price AmountBudget Code AMERICAN SOCIETY OF CIVIL ENGINEER 1.00 285.00 285.002023 STATE ENGINEERING LICENSE 2.00 100.00 200.002023 CELLULAR & PAGING 6,830.00100-412-64206 Budget Detail Description Units Price AmountBudget Code CELLPHONE (STIPEND)2.00 576.00 1,152.002023 CELLPHONE (TOWN)2.00 879.00 1,758.002023 IPAD 4.00 500.00 2,000.002023 IPAD DATA PLAN 4.00 480.00 1,920.002023 FLEET MAINTENANCE 1,000.00100-412-64401 Budget Detail Description Units Price AmountBudget Code FLEET MAINTENANCE CHARGES 0.00 0.00 1,000.002023 EQUIPMENT REPLACEMENT CHARGES 1,324.00100-412-64402 Budget Detail Description Units Price AmountBudget Code EQUIPMENT REPLACEMENT CHARGES 0.00 0.00 1,324.002023 WASH BAY CHARGES 728.00100-412-64403 Budget Detail Description Units Price AmountBudget Code WASH BAY CHARGES 0.00 0.00 728.002023 ADVERTISING/LEGAL NOTICES 750.00100-412-64901 133 Budget Detail Description Units Price AmountBudget Code LEGAL NOTICES FOR PROJECTS 1.00 750.00 750.002023 COMPUTERS & PERIPHERALS 1,650.00100-412-66402 Budget Detail Description Units Price AmountBudget Code COMPUTER - 4TH ENG 1.00 1,650.00 1,650.002023 AUTOMOBILES AND LIGHT DUTY TRUCKS 94,990.00100-412-66501 Budget Detail Description Units Price AmountBudget Code UTILITY EV - VW ID.4 (2)0.00 0.00 94,990.002023 Total Program: 412 - ENGINEERING:133,797.00 Program: 413 - ROADS AND BRIDGES STREET REPAIR & MAINT MATERIALS AND SUPPLIES 37,000.00100-413-62201 Budget Detail Description Units Price AmountBudget Code ASPHALT/COLD PATCH 0.00 0.00 12,000.002023 BRICK SEALER-CROSSWALKS 0.00 0.00 5,000.002023 PRE-MARK STRIPING 0.00 0.00 12,000.002023 REPLENISH GUARDRAIL 0.00 0.00 4,000.002023 STREET PAINT 0.00 0.00 4,000.002023 SAND & GRAVEL 71,750.00100-413-62202 Budget Detail Description Units Price AmountBudget Code CINDERS 0.00 0.00 51,750.002023 SHOULDER MATERIAL 0.00 0.00 20,000.002023 STREET SIGN MATERIALS & SUPPLIES 57,750.00100-413-62203 Budget Detail Description Units Price AmountBudget Code BRACKET HARDWARE 0.00 0.00 1,000.002023 CONSTRUCTION SIGNS 0.00 0.00 1,000.002023 DELINEATORS/REFLECTORS 0.00 0.00 5,000.002023 FLASHING SPEED LIMIT SIGNS (4)0.00 0.00 24,000.002023 REPLENISH CONES/BARRELS 0.00 0.00 5,000.002023 SIGNS 0.00 0.00 8,000.002023 STAINS, BRUSHES 0.00 0.00 750.002023 STEEL POSTS 0.00 0.00 13,000.002023 CHEMICALS 25,100.00100-413-62305 Budget Detail Description Units Price AmountBudget Code ICE SLICER 0.00 0.00 21,000.002023 NEUTRO WASH/LUBRA SEAL 0.00 0.00 4,100.002023 GASOLINE 10,550.00100-413-62401 Budget Detail Description Units Price AmountBudget Code HISTORICAL AVERAGE PLUS 50%0.00 0.00 10,550.002023 DIESEL FUEL 54,525.00100-413-62402 Budget Detail Description Units Price AmountBudget Code HISTORICAL AVERAGE PLUS 50%0.00 0.00 54,525.002023 EMPLOYEE RECOGNITION EXPENSE 1,020.00100-413-62801 Budget Detail Description Units Price AmountBudget Code $60 X 17 employees 60.00 17.00 1,020.002023 FOOD & BEVERAGES 2,500.00100-413-62802 Budget Detail Description Units Price AmountBudget Code COFFEE SERVICES 0.00 0.00 1,000.002023 FOOD AND BEVERAGE 0.00 0.00 1,500.002023 134 CLOTHING & UNIFORMS 8,500.00100-413-62805 Budget Detail Description Units Price AmountBudget Code OUTER WEAR 0.00 0.00 2,500.002023 WORK CLOTHES/UNIFORMS 0.00 0.00 6,000.002023 SAFETY MATERIALS & SUPPLIES 8,600.00100-413-62806 Budget Detail Description Units Price AmountBudget Code GLOVES 0.00 0.00 1,000.002023 PERSONAL PROTECTIVE EQUIPMENT 0.00 0.00 2,600.002023 TYPE II CLOTHING 0.00 0.00 1,000.002023 WORK BOOTS 0.00 0.00 4,000.002023 CONSUMABLE TOOLS/SMALL EQUIP 9,700.00100-413-62807 Budget Detail Description Units Price AmountBudget Code AIR TOOLS 0.00 0.00 1,500.002023 COMPACTOR 0.00 0.00 2,600.002023 DEMO SAW (STIHL)0.00 0.00 2,600.002023 HAND TOOLS 0.00 0.00 3,000.002023 OTHER MISC OPERATING SUPPLIES 22,000.00100-413-62899 Budget Detail Description Units Price AmountBudget Code BRACKET HARDWARE 0.00 0.00 1,000.002023 MISCELLANEOUS HARDWARE 0.00 0.00 1,000.002023 Shadow Conduit Materials 0.00 0.00 20,000.002023 OFFICE SUPPLIES & MATERIALS 1,000.00100-413-62999 Budget Detail Description Units Price AmountBudget Code OFFICE SUPPLIES 0.00 0.00 1,000.002023 R&M-STREETS 211,000.00100-413-63502 Budget Detail Description Units Price AmountBudget Code BRICK REPAIR 0.00 0.00 60,000.002023 CRACKFILL MAINTENANCE 0.00 0.00 40,000.002023 GUARD RAIL REPAIR 0.00 0.00 10,000.002023 INFRA RED PATCHING 0.00 0.00 30,000.002023 MISC PATCHING (POT HOLES, SINK HOLES)0.00 0.00 25,000.002023 PAINTING LIGHT POLES 0.00 0.00 20,000.002023 REPAIR WALL AT RA# 4 0.00 0.00 26,000.002023 R&M-OFFICE EQUIP & COMPUTERS 1,200.00100-413-63504 Budget Detail Description Units Price AmountBudget Code COPIER PRINT CHARGES 0.00 0.00 1,000.002023 TONER CHARGES 0.00 0.00 200.002023 R&M-RADIO & COMMUNICATIONS EQUIP 13,400.00100-413-63506 Budget Detail Description Units Price AmountBudget Code 800 MHZ RADIO SERVICE 0.00 0.00 6,000.002023 800 MHZ RADIOS 0.00 0.00 6,400.002023 REPAIRS 0.00 0.00 1,000.002023 RENTALS-MACHINERY & EQUIP 17,280.00100-413-63608 Budget Detail Description Units Price AmountBudget Code ALL TRAFFIC SOLUTIONS 0.00 0.00 3,000.002023 FASTENAL 0.00 0.00 2,280.002023 MISC EQUIPMENT RENTALS 0.00 0.00 3,000.002023 UNCC 0.00 0.00 9,000.002023 OTHER PURCHASED & CONTRACTED SERVICES 306,000.00100-413-63999 135 Budget Detail Description Units Price AmountBudget Code CONCRETE REPAIRS 0.00 0.00 40,000.002023 DITCH MAINTENANCE (EMERGENCY REPAIRS)0.00 0.00 20,000.002023 DUMPSTERS (MISC. TRASH CLEANUP)0.00 0.00 10,000.002023 HAULING 0.00 0.00 100,000.002023 MISC. PAINTING 0.00 0.00 15,000.002023 SNOW REMOVAL AVON ELEMENTARY 0.00 0.00 5,000.002023 SNOW REMOVAL/HAND WORK 0.00 0.00 15,000.002023 STREET STRIPING 0.00 0.00 46,000.002023 VANDALISM 0.00 0.00 10,000.002023 WEED MITIGATION 0.00 0.00 45,000.002023 PROFESSIONAL DEVELOPMENT 28,600.00100-413-64101 Budget Detail Description Units Price AmountBudget Code COMMERCIAL DRIVER'S LICENSE (CDL) TESTING 0.00 0.00 6,500.002023 CONFERENCES - APWA TRAININGS, MANAGEMENT/SUPERVISO 0.00 0.00 3,000.002023 EQUIPMENT OPERATOR CERTIFICATION 0.00 0.00 8,100.002023 LODGING 0.00 0.00 5,000.002023 MEAL ALLOWANCE 0.00 0.00 2,000.002023 TECHNICAL TRAININGS - COLORADO LTAP 0.00 0.00 4,000.002023 DUES, LICENSES & MEMBERSHIPS 1,050.00100-413-64102 Budget Detail Description Units Price AmountBudget Code AMERICAN PUBLIC WORKS ASSOCIATION (APWA)0.00 0.00 700.002023 CO WEED ASSOCIATION 0.00 0.00 150.002023 CONSOLIDATED COMMUNCIATION NETWORK 0.00 0.00 200.002023 TRASH COLLECTION & RECYCLING 12,000.00100-413-64205 Budget Detail Description Units Price AmountBudget Code TRASH, LANDFILL (INCLUDES CLEANUP 0.00 0.00 12,000.002023 CELLULAR & PAGING 4,700.00100-413-64206 Budget Detail Description Units Price AmountBudget Code CELL PHONE SERVICE TO (2) VARIABLE MESSAGE BOARDS 0.00 0.00 1,200.002023 CELL PHONES 0.00 0.00 3,500.002023 POSTAGE & DELIVERY COSTS 400.00100-413-64301 Budget Detail Description Units Price AmountBudget Code POSTAGE 0.00 0.00 400.002023 FLEET MAINTENANCE 231,587.00100-413-64401 Budget Detail Description Units Price AmountBudget Code FLEET MAINTENANCE CHARGES 0.00 0.00 231,587.002023 EQUIPMENT REPLACEMENT CHARGES 245,060.00100-413-64402 Budget Detail Description Units Price AmountBudget Code EQUIPMENT REPLKACEMENT CHARGES 0.00 0.00 245,060.002023 WASH BAY CHARGES 9,424.00100-413-64403 Budget Detail Description Units Price AmountBudget Code WASH BAY CHARGES 0.00 0.00 9,424.002023 OTHER MACHINERY & EQUIPMENT 522,730.00100-413-66499 Budget Detail Description Units Price AmountBudget Code ASPHALT REPAIR UNIT 0.00 0.00 38,815.002023 FLASHCAM (CAMERA)0.00 0.00 8,000.002023 GRINDER 0.00 0.00 19,000.002023 VACTOR TRUCK C/O 2022 0.00 0.00 456,915.002023 AUTOMOBILES AND LIGHT-DUTY TRUCKS 45,732.00100-413-66501 136 Budget Detail Description Units Price AmountBudget Code UTILITY 4X4 (REPLACES #338H) C/O FROM 2022 0.00 0.00 45,732.002023 Total Program: 413 - ROADS AND BRIDGES:1,960,158.00 Program: 415 - PARKS SAND & GRAVEL 8,500.00100-415-62202 Budget Detail Description Units Price AmountBudget Code ATHLETIC FIELD TOP DRESSING 0.00 0.00 5,000.002023 DECORATIVE ROCK 0.00 0.00 2,000.002023 SAND 0.00 0.00 1,500.002023 STREET SIGN MATERIALS & SUPPLIES 7,500.00100-415-62203 Budget Detail Description Units Price AmountBudget Code PARK SIGNAGE 0.00 0.00 5,000.002023 POCKET PARK IDENTIFICATION SIGNS 0.00 0.00 2,500.002023 CONST MAINT & PERMANENT MATERIALS 31,500.00100-415-62204 Budget Detail Description Units Price AmountBudget Code ENGINEERED WOOD FIBER FOR PLAYGROUNDS 0.00 0.00 23,500.002023 HARDWARE 0.00 0.00 1,000.002023 MISC LUMBER 0.00 0.00 2,500.002023 MISC OTHER ITEMS 0.00 0.00 3,500.002023 WEED BARRIER 0.00 0.00 1,000.002023 PLUMBING SUPPLIES 20,500.00100-415-62205 Budget Detail Description Units Price AmountBudget Code CONTROLLER REPLACEMENT 0.00 0.00 3,000.002023 IRRIGATION ELECTRICAL 0.00 0.00 4,000.002023 MISC OTHER PLUMBING 0.00 0.00 3,000.002023 NOZZLES 0.00 0.00 1,000.002023 PVC (PIPE)0.00 0.00 2,000.002023 ROTORS 0.00 0.00 4,000.002023 VALVES 0.00 0.00 3,500.002023 LANDSCAPING & PLANT MATERIALS 25,000.00100-415-62206 Budget Detail Description Units Price AmountBudget Code GRASS SEED 0.00 0.00 1,000.002023 MISC OTHER ITEMS 0.00 0.00 1,500.002023 MULCH 0.00 0.00 4,000.002023 PERENNIALS 0.00 0.00 4,000.002023 RIPARIAN PLANTINGS 0.00 0.00 5,000.002023 SOD 0.00 0.00 1,000.002023 TOPSOIL/COMPOST 0.00 0.00 6,000.002023 TREES 0.00 0.00 2,500.002023 CHEMICALS 9,500.00100-415-62305 Budget Detail Description Units Price AmountBudget Code FERTILIZER 0.00 0.00 4,500.002023 GRAFFITTI REMOVER 0.00 0.00 1,000.002023 PESTICIDES 0.00 0.00 2,000.002023 SNOW MELT 0.00 0.00 2,000.002023 GASOLINE 13,960.00100-415-62401 Budget Detail Description Units Price AmountBudget Code GASOLINE 0.00 0.00 13,960.002023 DIESEL FUEL 2,404.00100-415-62402 Budget Detail Description Units Price AmountBudget Code DIESEL 0.00 0.00 2,404.002023 137 FOOD & BEVERAGES 1,450.00100-415-62802 Budget Detail Description Units Price AmountBudget Code FALL MEETING 0.00 0.00 400.002023 MISC MEETINGS 0.00 0.00 650.002023 SPRING MEETING 0.00 0.00 400.002023 JANITORIAL CLEANING SUPPLIES 9,350.00100-415-62803 Budget Detail Description Units Price AmountBudget Code COMPOST LINERS 0.00 0.00 400.002023 DOG WASTE BAGS 0.00 0.00 3,000.002023 MISC CLEANING SUPPLIES 0.00 0.00 750.002023 RECYCLE LINERS 0.00 0.00 2,600.002023 TRASH LINERS 0.00 0.00 2,600.002023 CLOTHING & UNIFORMS 8,520.00100-415-62805 Budget Detail Description Units Price AmountBudget Code OUTER WEAR 0.00 0.00 2,055.002023 WORK CLOTHES 0.00 0.00 6,465.002023 SAFETY MATERIALS & SUPPLIES 8,877.00100-415-62806 Budget Detail Description Units Price AmountBudget Code GLOVES 0.00 0.00 1,070.002023 PPE 0.00 0.00 2,729.002023 TYPE II CLOTHING 0.00 0.00 1,078.002023 WORK BOOTS 0.00 0.00 4,000.002023 CONSUMABLE TOOLS/SMALL EQUIP 5,900.00100-415-62807 Budget Detail Description Units Price AmountBudget Code AERIFIER TINES 0.00 0.00 2,000.002023 SMALL EQUIPMENT 0.00 0.00 1,200.002023 TOOLS 0.00 0.00 2,700.002023 OTHER MISC OPERATING SUPPLIES 42,450.00100-415-62899 Budget Detail Description Units Price AmountBudget Code FLAGS 0.00 0.00 3,000.002023 LED HOLIDAY LIGHTS 0.00 0.00 13,000.002023 MISC 0.00 0.00 4,500.002023 OTHER REC CENTER REQUSTS 0.00 0.00 2,250.002023 REC CENTER SITE FURNISHINGS 0.00 0.00 12,200.002023 RECREATION SUPPLIES 0.00 0.00 3,000.002023 SPECIAL EVENTS MATERIALS 0.00 0.00 4,500.002023 R&M-PARKS & ATHLETIC FACILITIES 18,500.00100-415-63503 Budget Detail Description Units Price AmountBudget Code COURTS R&M 0.00 0.00 2,000.002023 ICE RINKS 0.00 0.00 4,000.002023 LOWER FIELD R&M 0.00 0.00 2,000.002023 PLAYGROUND(S) R&M 0.00 0.00 6,500.002023 UPPER FIELD R&M 0.00 0.00 4,000.002023 RENTALS-MACHINERY & EQUIP 19,500.00100-415-63608 Budget Detail Description Units Price AmountBudget Code COMPRESSOR RENTAL 0.00 0.00 3,500.002023 LIFT RENTAL 0.00 0.00 15,000.002023 OTHER 0.00 0.00 1,000.002023 OTHER PURCHASED & CONTRACTED SERVICES 466,696.00100-415-63999 Budget Detail Description Units Price AmountBudget Code ASPHALT MAINTENANCE 0.00 0.00 20,000.002023 CONTRACT LANDSCAPE SERVICES 0.00 0.00 180,000.002023 138 GIS DEVELOPMENT 0.00 0.00 9,000.002023 LANDSCAPE DEBRIS DUMPSTER 0.00 0.00 2,500.002023 NOTTINGHAM LAKE ICE MAINTENANCE 0.00 0.00 26,696.002023 NOTTINGHAM PARK FENCE REPLACEMENT 0.00 0.00 75,000.002023 NOTTINGHAM POUDRE DITCH AT SWIFT GULCH TREE REMOVA 0.00 0.00 65,000.002023 NOXIOUS WEED SPRAYING 0.00 0.00 15,000.002023 POL SERVICES 0.00 0.00 17,500.002023 RODENT CONTROL 0.00 0.00 30,000.002023 SEEDING 0.00 0.00 3,000.002023 STATUE MAINTENANCE 0.00 0.00 7,000.002023 TREE CARE 0.00 0.00 10,000.002023 TURF WEED & FEED 0.00 0.00 6,000.002023 PROFESSIONAL DEVELOPMENT 21,495.00100-415-64101 Budget Detail Description Units Price AmountBudget Code CDL TRAINING 0.00 0.00 6,500.002023 CONFERENCE(S)0.00 0.00 1,470.002023 LODGING 0.00 0.00 5,600.002023 MEAL ALLOWANCE 0.00 0.00 1,800.002023 TECHNICAL TRAINING(S)0.00 0.00 6,125.002023 DUES, LICENSES & MEMBERSHIPS 6,750.00100-415-64102 Budget Detail Description Units Price AmountBudget Code LICENSES 0.00 0.00 3,000.002023 MEMBERSHIP DUES 0.00 0.00 1,750.002023 SUBSCRIPTIONS 0.00 0.00 2,000.002023 CELLULAR & PAGING 1,287.00100-415-64206 Budget Detail Description Units Price AmountBudget Code PARK PHONES 0.00 0.00 1,287.002023 POSTAGE & DELIVERY COSTS 3,000.00100-415-64301 Budget Detail Description Units Price AmountBudget Code POSTAGE FOR NOXIOUS WEED VIOLATIONS 0.00 0.00 3,000.002023 FLEET MAINTENANCE 46,967.00100-415-64401 Budget Detail Description Units Price AmountBudget Code FLEET MAINTENANCE CHARGES 0.00 0.00 46,967.002023 EQUIPMENT REPLACEMENT CHARGES 154,920.00100-415-64402 Budget Detail Description Units Price AmountBudget Code EQUIPMENT REPLACEMENT CHARGES 0.00 0.00 154,920.002023 WASH BAY CHARGES 5,080.00100-415-64403 Budget Detail Description Units Price AmountBudget Code WASH BAY CHARGES 0.00 0.00 5,080.002023 OTHER MACHINERY & EQUIPMENT 101,200.00100-415-66499 Budget Detail Description Units Price AmountBudget Code BACKPACK BLOWERS 0.00 0.00 800.002023 BOBCAT T66 TRAC LOADER 0.00 0.00 87,400.002023 GENERATORS 0.00 0.00 2,700.002023 STANDING MOWER 0.00 0.00 9,500.002023 STRING TRIMMERS 0.00 0.00 800.002023 Total Program: 415 - PARKS:1,040,806.00 139 Program: 418 - BUILDINGS AND FACILITIES CONST MAINT & PERMANENT MATERIALS 21,499.00100-418-62204 Budget Detail Description Units Price AmountBudget Code AVON LOGO MAT REC 1.00 1,900.00 1,900.002023 CHANGING STATIONS - REC 3.00 1,675.00 5,025.002023 ENTRY MATS REC 2.00 1,000.00 2,000.002023 EXTERIOR BUILDING MATERIAL 0.00 0.00 2,000.002023 HARDWARE 0.00 0.00 1,500.002023 INTERIOR BUILDING MATERIAL 0.00 0.00 3,098.002023 LUMBER 0.00 0.00 2,000.002023 PAINT 0.00 0.00 1,900.002023 WATER FOUNTAIN - REC CENTER 0.00 0.00 2,076.002023 PLUMBING SUPPLIES 8,200.00100-418-62205 Budget Detail Description Units Price AmountBudget Code BOILER & PUMP PARTS 0.00 0.00 3,000.002023 PLUMBING FITTINGS 0.00 0.00 2,200.002023 VALVES 0.00 0.00 3,000.002023 ELECTRICAL SUPPLIES 23,605.00100-418-62207 Budget Detail Description Units Price AmountBudget Code 16 FT LIGHT HEADS 5.00 1,600.00 8,000.002023 BOLLARD LIGHT REPLACEMENTS 3.00 1,535.00 4,605.002023 GENERAL SUPPLIES 0.00 0.00 6,000.002023 HEAT TAPE - MODULARS 0.00 0.00 2,000.002023 LIGHT BULBS 0.00 0.00 1,000.002023 OFFICES LED COVERSION - REC CENTER 0.00 0.00 2,000.002023 MECHANICAL - HVAC 2,750.00100-418-62208 Budget Detail Description Units Price AmountBudget Code FILTERS, BELTS , GLYCOL 0.00 0.00 2,750.002023 MECHANICAL - OTHER 12,400.00100-418-62209 Budget Detail Description Units Price AmountBudget Code CHILLER PARTS 0.00 0.00 1,000.002023 DUCT WORK 0.00 0.00 500.002023 MOTORS 0.00 0.00 1,000.002023 PUMPS 0.00 0.00 3,400.002023 REC CENTER PUMP REPLACEMENTS 1.00 6,000.00 6,000.002023 SENSORS 0.00 0.00 500.002023 GASOLINE 2,200.00100-418-62401 Budget Detail Description Units Price AmountBudget Code FUEL FOR 5 VEHICLES 0.00 0.00 2,200.002023 DIESEL FUEL 200.00100-418-62402 Budget Detail Description Units Price AmountBudget Code PSF GENERATOR 0.00 0.00 200.002023 EMPLOYEE RECOGNITION EXPENSE 420.00100-418-62801 Budget Detail Description Units Price AmountBudget Code $60 X 6 7.00 60.00 420.002023 JANITORIAL CLEANING SUPPLIES 40,250.00100-418-62803 Budget Detail Description Units Price AmountBudget Code JANITORIAL CLEANING SUPPLIES 0.00 0.00 40,250.002023 CLOTHING & UNIFORMS 1,540.00100-418-62805 140 Budget Detail Description Units Price AmountBudget Code WORK CLOTHING 7.00 220.00 1,540.002023 SAFETY MATERIALS & SUPPLIES 1,380.00100-418-62806 Budget Detail Description Units Price AmountBudget Code ELECTRICIAN SAFETY GEAR 0.00 0.00 155.002023 PPE 7.00 40.00 280.002023 SAFETY FOOTWEAR 7.00 135.00 945.002023 CONSUMABLE TOOLS/SMALL EQUIP 5,749.00100-418-62807 Budget Detail Description Units Price AmountBudget Code PRO PRESS 0.00 0.00 3,549.002023 SMALL EQUPMENT 0.00 0.00 1,100.002023 SMALL TOOLS 0.00 0.00 1,100.002023 MEDICAL & 1ST AID SUPPLY 8,736.00100-418-62809 Budget Detail Description Units Price AmountBudget Code FLEET & FACILITIES 12.00 103.00 1,236.002023 MUNI 12.00 88.00 1,056.002023 PARKS 12.00 213.00 2,556.002023 PD 12.00 107.00 1,284.002023 REC 12.00 110.00 1,320.002023 TRANSIT 12.00 107.00 1,284.002023 OTHER MISC OPERATING SUPPLIES 1,975.00100-418-62899 Budget Detail Description Units Price AmountBudget Code HARDWARE (NUTS, BOLTS, ETC)0.00 0.00 850.002023 LOCKER PARTS 0.00 0.00 725.002023 SECURITY HARDWARE (DOOR)0.00 0.00 400.002023 ENGINEERING SERVICES 3,000.00100-418-63104 Budget Detail Description Units Price AmountBudget Code REPAIR & PROJECT CONSULTING 0.00 0.00 3,000.002023 SECURITY SERVICES 23,700.00100-418-63306 Budget Detail Description Units Price AmountBudget Code ANNUAL INSPECTIONS (FIRE/MONITOR)0.00 0.00 1,000.002023 ANNUAL MONITORING (MUNI, REC, CABIN, PAVILLIION, F 0.00 0.00 18,000.002023 FIRE EXTINGUISHER MAINTENANCE (169)0.00 0.00 1,000.002023 MACHINERY REPAIR 0.00 0.00 1,700.002023 PANEL/SYSTEM REPAIR 0.00 0.00 2,000.002023 R&M-BUILDING & FACILITY 119,486.00100-418-63501 Budget Detail Description Units Price AmountBudget Code BOILER REPAIRS 0.00 0.00 5,000.002023 BUILDING INSPECTIONS 0.00 0.00 2,500.002023 CHILLER HVAC MAINT.0.00 0.00 3,700.002023 ELEVATOR MAINT. CONTRACT 4.00 1,900.00 7,600.002023 ELEVATOR YEARLY INSPECTIONS (NWCCOG)4.00 250.00 1,000.002023 FLEET HVAC MAINT. CONT.0.00 0.00 3,100.002023 HEAT RECOV. HVAC MAINT. CONT 0.00 0.00 1,300.002023 HVAC REPAIRS 0.00 0.00 10,000.002023 MOD. HVAC MAINT. CONT.0.00 0.00 2,400.002023 PAINTING ANNEX BUILDING 0.00 0.00 18,250.002023 PIPING REPAIRS 0.00 0.00 3,000.002023 PSF ELEVATOR 0.00 0.00 3,436.002023 PSF HVAC MAINT. CONT.0.00 0.00 19,000.002023 REC CENTER BUILDING MAINT.0.00 0.00 15,000.002023 REC CENTER HVAC MAIN. CONT.0.00 0.00 10,100.002023 REPAIR CONDUIT CHAPEL PLACE 0.00 0.00 10,000.002023 SECURITY LOCK SERVICES 0.00 0.00 2,000.002023 141 TOWN HALL HVAC MAINT. CONT.0.00 0.00 2,100.002023 R&M-OFFICE EQUIP & COMPUTERS 550.00100-418-63504 Budget Detail Description Units Price AmountBudget Code PER PAGE COPIER CHARGES 0.00 0.00 300.002023 PRINTER CARTRIDGES 0.00 0.00 250.002023 R&M-OTHER SPECIALIZED EQUIP 19,300.00100-418-63549 Budget Detail Description Units Price AmountBudget Code CARDIO & FITNESS EQUIPMENT REPAIRS 0.00 0.00 8,500.002023 FITNESS AREA MIRRORS 0.00 0.00 5,000.002023 FITNESS EQUIP. & MAINT. CONT.0.00 0.00 2,800.002023 HEAT RECOVERY REPAIRS 0.00 0.00 3,000.002023 LAUNDRY & CLEANING SERVICES 12,000.00100-418-63551 Budget Detail Description Units Price AmountBudget Code CARPET CLEANING 0.00 0.00 7,500.002023 WINDOW CLEANING 0.00 0.00 4,500.002023 JANITORIAL & CUSTODIAL SERVICES 192,059.00100-418-63552 Budget Detail Description Units Price AmountBudget Code FT CUSTODIAN VACATION COVERAGE 0.00 0.00 2,800.002023 GREEN ROOM 0.00 0.00 1,015.002023 MOBILITY CENTER 0.00 0.00 15,080.002023 MODULAR 0.00 0.00 9,880.002023 POLICE DEPT 0.00 0.00 20,592.002023 REC CENTER 0.00 0.00 120,852.002023 TOWN HALL 0.00 0.00 21,840.002023 OTHER MAINTENANCE SERVICES 14,000.00100-418-63599 Budget Detail Description Units Price AmountBudget Code BUILDING PEST CONTROL 0.00 0.00 14,000.002023 RENTALS-OFFICE EQUIPMENT 456.00100-418-63603 Budget Detail Description Units Price AmountBudget Code XEROX PRINTER 0.00 0.00 456.002023 OTHER MISCELLANEOUS RENTALS 2,400.00100-418-63699 Budget Detail Description Units Price AmountBudget Code WALGREENS VMS BOARD LEASE 0.00 0.00 2,400.002023 OTHER PURCHASED & CONTRACTED SERVICES 26,400.00100-418-63999 Budget Detail Description Units Price AmountBudget Code 40-FT STREETLIGHT REPAIR 0.00 0.00 8,000.002023 AED DEVICES, MAINTENANCE & WARRANTIES 0.00 0.00 5,000.002023 HEAT RECOVERY CHEM TEST 0.00 0.00 1,050.002023 LAKE STREET CONCRETE BASE REMOVAL 0.00 0.00 4,000.002023 PAINT LIGHT POLES 0.00 0.00 2,500.002023 PSF HVAC CHEM TEST 0.00 0.00 450.002023 REC CENTER SNOW REMOVAL 0.00 0.00 4,400.002023 SIGNS 0.00 0.00 1,000.002023 PROFESSIONAL DEVELOPMENT 6,620.00100-418-64101 Budget Detail Description Units Price AmountBudget Code BACKFLOW INPECTION CERTIFICATION (DENVER)0.00 0.00 3,920.002023 BUILDING TECH TRAINING 4.00 375.00 1,500.002023 ELECTRICIAN TRAINING & LICENSE 2.00 600.00 1,200.002023 DUES, LICENSES & MEMBERSHIPS 5,436.00100-418-64102 142 Budget Detail Description Units Price AmountBudget Code SHERWOOD MEADOWS HOA DUES 12.00 453.00 5,436.002023 GAS 121,000.00100-418-64202 Budget Detail Description Units Price AmountBudget Code GAS 0.00 0.00 121,000.002023 ELECTRIC 248,500.00100-418-64203 Budget Detail Description Units Price AmountBudget Code ELECTRICITY 0.00 0.00 248,500.002023 WATER & SANITATION 68,004.00100-418-64204 Budget Detail Description Units Price AmountBudget Code WATER 0.00 0.00 68,004.002023 TRASH COLLECTION & RECYCLING 29,000.00100-418-64205 Budget Detail Description Units Price AmountBudget Code TRASH SERVICES 0.00 0.00 29,000.002023 CELLULAR & PAGING 3,822.00100-418-64206 Budget Detail Description Units Price AmountBudget Code CELL PHONES 0.00 0.00 3,822.002023 FLEET MAINTENANCE 10,448.00100-418-64401 Budget Detail Description Units Price AmountBudget Code FLEET MAINTENANCE CHARGES 0.00 0.00 10,448.002023 EQUIPMENT REPLACEMENT CHARGES 59,883.00100-418-64402 Budget Detail Description Units Price AmountBudget Code EQUIPMENT REPLACEMENT CHARGES 0.00 0.00 59,883.002023 WASH BAY CHARGES 820.00100-418-64403 Budget Detail Description Units Price AmountBudget Code WASH BAY CHARGES 0.00 0.00 820.002023 COMPUTERS & PERIPHERALS 1,200.00100-418-66402 Budget Detail Description Units Price AmountBudget Code COMPUTER AND MONITOR 0.00 0.00 1,200.002023 OTHER MACHINERY & EQUIPMENT 7,839.00100-418-66499 Budget Detail Description Units Price AmountBudget Code GYM EQUIPMENT - DEADLIFT PLATFORM 0.00 0.00 4,000.002023 GYM EQUIPMENT - HIP THRUSTER 0.00 0.00 3,839.002023 AUTOMOBILES AND LIGHT-DUTY TRUCKS 126,179.00100-418-66501 Budget Detail Description Units Price AmountBudget Code FORD LIGHTNING EV (REPLACES #280H) C/O 2022 0.00 0.00 50,702.002023 FORD LIGHTNING EV (REPLACES #322H) C/O 2022 0.00 0.00 50,702.002023 FORD MAVERICK HYBRID (REPLACES #279H) C/O 2022 0.00 0.00 24,775.002023 Total Program: 418 - BUILDINGS AND FACILITIES:1,233,006.00 Program: 514 - RECREATION ADMINISTRATION GASOLINE 4,070.00100-514-62401 Budget Detail Description Units Price AmountBudget Code BASED ON HISTORICAL PLUS 50%1.00 4,070.00 4,070.002023 EMPLOYEE RECOGNITION EXPENSE 720.00100-514-62801 143 Budget Detail Description Units Price AmountBudget Code $60 x 12 EMPLOYEES 12.00 60.00 720.002023 FOOD & BEVERAGES 500.00100-514-62802 Budget Detail Description Units Price AmountBudget Code FOOD FOR MEETINGS & TRAININGS 1.00 500.00 500.002023 OTHER MISC OPERATING SUPPLIES 3,655.00100-514-62899 Budget Detail Description Units Price AmountBudget Code OTHER SUPPLIES 1.00 3,655.00 3,655.002023 OFFICE SUPPLIES & MATERIALS 3,300.00100-514-62999 Budget Detail Description Units Price AmountBudget Code COPY PAPER 1.00 1,100.00 1,100.002023 OFFICE SUPPLIES 1.00 2,200.00 2,200.002023 COMPUTER SERVICES 12,842.00100-514-63304 Budget Detail Description Units Price AmountBudget Code COMCAST INTERNET SERVICE 1.00 1,920.00 1,920.002023 REACH MEDIA PLAYER 1.00 269.00 269.002023 REACH MEDIA PLAYER LICENSES 3.00 355.00 1,065.002023 SMART REC SOFTWARE FEES 12.00 799.00 9,588.002023 R&M-OFFICE EQUIP & COMPUTERS 2,300.00100-514-63504 Budget Detail Description Units Price AmountBudget Code PER PAGE PRINT CHARGES 1.00 1,800.00 1,800.002023 TONER CARTRIDGES 1.00 500.00 500.002023 RENTALS-OFFICE EQUIPMENT 2,510.00100-514-63603 Budget Detail Description Units Price AmountBudget Code COPIER LEASE 1.00 2,510.00 2,510.002023 OTHER PURCHASED & CONTRACTED SERVICES 3,588.00100-514-63999 Budget Detail Description Units Price AmountBudget Code FUTURIAN AV SERVICE & SUPPORT 12.00 299.00 3,588.002023 PROFESSIONAL DEVELOPMENT 11,210.00100-514-64101 Budget Detail Description Units Price AmountBudget Code CERTIFIED PARKS & REC PROFESSIONAL COURSE 4.00 455.00 1,820.002023 CEUS AND TRAININGS 1.00 1,000.00 1,000.002023 CO PARKS & REC ANNUAL CONFERENCE 5.00 600.00 3,000.002023 NATL PARKS & REC ANNUAL CONFERENCE 2.00 2,695.00 5,390.002023 DUES, LICENSES & MEMBERSHIPS 2,425.00100-514-64102 Budget Detail Description Units Price AmountBudget Code CO PARKS & REC ASSOC. AGENCY MEMBERSHIP 1.00 1,550.00 1,550.002023 NATL PARKS & REC ASSOC. AGENCY MEMBERSHIP 1.00 875.00 875.002023 MEETING EXPENSES 1,080.00100-514-64104 Budget Detail Description Units Price AmountBudget Code HEALTH & REC COMMITTEE MEETINGS 6.00 180.00 1,080.002023 CELLULAR & PAGING 3,296.00100-514-64206 Budget Detail Description Units Price AmountBudget Code CELL PHONES (4)1.00 2,921.00 2,921.002023 TABLET (1)1.00 375.00 375.002023 POSTAGE & DELIVERY COSTS 200.00100-514-64301 144 Budget Detail Description Units Price AmountBudget Code POSTAGE 1.00 200.00 200.002023 SALES TAX 500.00100-514-64308 Budget Detail Description Units Price AmountBudget Code SALES TAX ON RESALE ITEMS 1.00 500.00 500.002023 FLEET MAINTENANCE 1,384.00100-514-64401 Budget Detail Description Units Price AmountBudget Code FLEET MAINTENANCE CHARGES 0.00 0.00 1,384.002023 EQUIPMENT REPLACEMENT CHARGES 19,532.00100-514-64402 Budget Detail Description Units Price AmountBudget Code EQUIPMENT REPLACEMENT CHARGES 0.00 0.00 19,532.002023 WASH BAY CHARGES 1,456.00100-514-64403 Budget Detail Description Units Price AmountBudget Code WASH BAY CHARGES 0.00 0.00 1,456.002023 INSURANCE PREMIUMS 4,592.00100-514-64905 Budget Detail Description Units Price AmountBudget Code PROPERTY/CASUALTY COVERAGE- CIRSA 0.00 0.00 4,592.002023 COMPUTERS & PERIPHERALS 700.00100-514-66402 Budget Detail Description Units Price AmountBudget Code HEADSETS (2)2.00 350.00 700.002023 Total Program: 514 - RECREATION ADMINISTRATION:79,860.00 Program: 515 - ADULT PROGRAMS GENERAL PROGRAM SUPPLIES 7,918.00100-515-62301 Budget Detail Description Units Price AmountBudget Code SPORTS EQUIPMENT 1.00 1,300.00 1,300.002023 TOURNAMENT/LEAGUE PRIZES 1.00 1,000.00 1,000.002023 VOLLEYBALL NET SYSTEM 1.00 5,618.00 5,618.002023 CLOTHING & UNIFORMS 300.00100-515-62805 Budget Detail Description Units Price AmountBudget Code SPORTS ATTENDANT UNIFORMS 1.00 300.00 300.002023 Total Program: 515 - ADULT PROGRAMS:8,218.00 Program: 516 - AQUATICS GENERAL PROGRAM SUPPLIES 6,622.00100-516-62301 Budget Detail Description Units Price AmountBudget Code BUOYS FOR LAKE 1.00 1,948.00 1,948.002023 LAP SWIM EQUIPMENT 1.00 200.00 200.002023 LIFEJACKETS 1.00 810.00 810.002023 POOL FLOATS 1.00 1,000.00 1,000.002023 TRAINING COURSE MATERIALS 1.00 1,664.00 1,664.002023 WATER EXERCISE EQUIPMENT 1.00 1,000.00 1,000.002023 CHEMICALS 28,495.00100-516-62305 Budget Detail Description Units Price AmountBudget Code CALCIUM HYPOCHLORITE 1.00 15,272.00 15,272.002023 CO2 1.00 5,253.00 5,253.002023 FLOCCULANT 1.00 300.00 300.002023 MURIATIC ACID 1.00 2,200.00 2,200.002023 OXIDIZER 1.00 2,970.00 2,970.002023 REAGENTS & TEST KITS 1.00 750.00 750.002023 145 SODA ASH 1.00 350.00 350.002023 SODIUM BICARBONATE 1.00 550.00 550.002023 THIOSULFATE 1.00 550.00 550.002023 TILE CLEANER 1.00 300.00 300.002023 CLOTHING & UNIFORMS 5,189.00100-516-62805 Budget Detail Description Units Price AmountBudget Code FEMALE GUARD SHORTS 1.00 800.00 800.002023 FEMALE LIFEGUARD SWIMSUITS 1.00 1,000.00 1,000.002023 HIP PACKS 1.00 600.00 600.002023 LAKE UNIFORMS/EQUIPMENT 1.00 300.00 300.002023 LIFEGUARD SHIRTS 1.00 798.00 798.002023 LIFEGUARD TANKS 1.00 852.00 852.002023 MALE GUARD SHORTS 1.00 784.00 784.002023 SUNSCREEN 1.00 55.00 55.002023 SAFETY MATERIALS & SUPPLIES 3,880.00100-516-62806 Budget Detail Description Units Price AmountBudget Code AIR HORNS 1.00 100.00 100.002023 CPR MANNEQUIN LUNGS 1.00 200.00 200.002023 EMERGENCY RESPONSE BAG 1.00 80.00 80.002023 PERSONAL PROTECTIVE EQUIPMENT 1.00 500.00 500.002023 RADIO CHARGING UNITS & BATTERIES 1.00 2,000.00 2,000.002023 RESCUE TUBES 1.00 1,000.00 1,000.002023 MEDICAL & 1ST AID SUPPLY 3,500.00100-516-62809 Budget Detail Description Units Price AmountBudget Code BANDAGES, GAUZE, ETC 1.00 450.00 450.002023 CPR MASKS/DEVICES 1.00 600.00 600.002023 ICE PACKS 1.00 250.00 250.002023 NITRILE GLOVES 1.00 2,000.00 2,000.002023 OXYGEN SUPPLIES 1.00 200.00 200.002023 OTHER MISC OPERATING SUPPLIES 1,600.00100-516-62899 Budget Detail Description Units Price AmountBudget Code POOL EQUIPMENT/TOOLS 1.00 600.00 600.002023 SUP YOGA BOARDS 1.00 1,000.00 1,000.002023 R&M-BUILDING & FACILITY 5,744.00100-516-63501 Budget Detail Description Units Price AmountBudget Code AREA SIGNAGE 1.00 500.00 500.002023 BUOYS/ROPE FOR SWIM AREA 1.00 150.00 150.002023 CHANNEL GRATE 1.00 250.00 250.002023 CLEANING SUPPLIES 1.00 250.00 250.002023 POOL CLOSURE SUPPLIES 1.00 500.00 500.002023 POOL DECK FURNITURE 1.00 1,494.00 1,494.002023 PULSAR CHLORINATOR REPAIR 1.00 1,100.00 1,100.002023 SOLENOID VALVES/TIMERS 1.00 1,500.00 1,500.002023 R&M-OTHER SPECIALIZED EQUIP 11,021.00100-516-63549 Budget Detail Description Units Price AmountBudget Code LANE LINE REPLACEMENT 1.00 3,500.00 3,500.002023 POOL R&M - TIMERS AND SENSORS 1.00 2,500.00 2,500.002023 POOL VACUUM REPLACEMENT 1.00 4,131.00 4,131.002023 REPLACEMENT SKIMMER BASKETS 1.00 170.00 170.002023 SPA WAND 1.00 120.00 120.002023 STENNER PUMPS & PARTS 1.00 600.00 600.002023 PROFESSIONAL DEVELOPMENT 500.00100-516-64101 Budget Detail Description Units Price AmountBudget Code CERTIFIED POOL OPERATOR COURSE 1.00 300.00 300.002023 146 CONTINUING EDUCATION COURSES 1.00 200.00 200.002023 DUES, LICENSES & MEMBERSHIPS 6,160.00100-516-64102 Budget Detail Description Units Price AmountBudget Code BACKGROUND CHECKS 1.00 120.00 120.002023 DIGIQUATICS MANAGEMENT SOFTWARE 1.00 1,000.00 1,000.002023 LIFEGUARD COURSE 1.00 1,600.00 1,600.002023 OXYGEN ADMIN COURSE 1.00 440.00 440.002023 PUBLIC CPR/FIRST AID COURSE 1.00 2,000.00 2,000.002023 RED CROSS ANNUAL FEES 1.00 600.00 600.002023 WATER SAFETY INSTRUCTOR COURSE 1.00 400.00 400.002023 OTHER ADMINISTRATIVE FEES 1,450.00100-516-64399 Budget Detail Description Units Price AmountBudget Code LAKE WATER TESTING 1.00 750.00 750.002023 WATER SLIDE REGISTRATION 1.00 700.00 700.002023 EQUIPMENT REPLACEMENT CHARGES 17,149.00100-516-64402 Budget Detail Description Units Price AmountBudget Code EQUIPMENT REPLACEMENT CHARGES 0.00 0.00 17,149.002023 COMPUTERS & PERIPHERALS 2,740.00100-516-66402 Budget Detail Description Units Price AmountBudget Code COMPUTER MONITOR STAND 1.00 80.00 80.002023 COMPUTER MONITORS 2.00 130.00 260.002023 LAPTOP COMPUTER (NEW)1.00 2,400.00 2,400.002023 Total Program: 516 - AQUATICS:94,050.00 Program: 518 - FITNESS GENERAL PROGRAM SUPPLIES 4,020.00100-518-62301 Budget Detail Description Units Price AmountBudget Code GROUP FITNESS PROGRAM SUPPLIES 0.00 0.00 1,000.002023 GYM FLOOR CLOCKS 6.00 120.00 720.002023 TABLET FOR WELLBEATS 0.00 0.00 1,000.002023 UNIFORMS 0.00 0.00 1,300.002023 OTHER MISC OPERATING SUPPLIES 1,000.00100-518-62899 Budget Detail Description Units Price AmountBudget Code FITNESS FLOOR SUPPLIES & REPAIR 0.00 0.00 1,000.002023 PROFESSIONAL DEVELOPMENT 2,475.00100-518-64101 Budget Detail Description Units Price AmountBudget Code FIRST AID/CPR/AED CERTIFICATION 15.00 45.00 675.002023 FITNESS CONFERENCES 2.00 300.00 600.002023 TRAINER/INSTRUCTOR RECERT 8.00 150.00 1,200.002023 DUES, LICENSES & MEMBERSHIPS 6,096.00100-518-64102 Budget Detail Description Units Price AmountBudget Code STAGES SPIN BIKE SUBSCRIPTION 6.00 400.00 2,400.002023 WELLBEATS SUBSCRIPTION 12.00 308.00 3,696.002023 EQUIPMENT REPLACEMENT CHARGES 170,815.00100-518-64402 Budget Detail Description Units Price AmountBudget Code EQUIPMENT REPLACEMENT CHARGES 0.00 0.00 170,815.002023 ATHLETIC AND RECREATION EQUIPMENT 8,000.00100-518-66407 Budget Detail Description Units Price AmountBudget Code DEADLIFT PLATFORM 1.00 4,000.00 4,000.002023 147 GLUTE DRIVE MACHINE 1.00 4,000.00 4,000.002023 Total Program: 518 - FITNESS:192,406.00 Program: 519 - GUEST SERVICES GENERAL PROGRAM SUPPLIES 12,575.00100-519-62301 Budget Detail Description Units Price AmountBudget Code GENERAL SUPPLIES 1.00 1,500.00 1,500.002023 ICE SKATES & SHARPENING 1.00 2,000.00 2,000.002023 MEMBERSHIP PASSES 1.00 3,200.00 3,200.002023 PARK & CABIN SUPPLIES 1.00 1,200.00 1,200.002023 TABLET FOR FRONT DESK 1.00 1,175.00 1,175.002023 TOWELS 1.00 3,500.00 3,500.002023 MERCHANDISE FOR RESALE 8,250.00100-519-62304 Budget Detail Description Units Price AmountBudget Code LOCKS 1.00 250.00 250.002023 NOSE CLIPS 1.00 250.00 250.002023 SWIM CAPS 1.00 1,000.00 1,000.002023 SWIM DIAPERS 1.00 750.00 750.002023 SWIM GOGGLES 1.00 3,000.00 3,000.002023 TOWN APPAREL 0.00 0.00 3,000.002023 FOOD & BEVERAGES 500.00100-519-62802 Budget Detail Description Units Price AmountBudget Code QUARTERLY STAFF MEETING FOOD 4.00 125.00 500.002023 CLOTHING & UNIFORMS 2,000.00100-519-62805 Budget Detail Description Units Price AmountBudget Code STAFF UNIFORMS 1.00 2,000.00 2,000.002023 OTHER MISC OPERATING SUPPLIES 1,440.00100-519-62899 Budget Detail Description Units Price AmountBudget Code 6 FT TABLES 2.00 210.00 420.002023 FOLDING CHAIRS 20.00 51.00 1,020.002023 PROFESSIONAL DEVELOPMENT 1,600.00100-519-64101 Budget Detail Description Units Price AmountBudget Code PTS WORKSHOPS & TRAINING 1.00 1,600.00 1,600.002023 CELLULAR & PAGING 1,728.00100-519-64206 Budget Detail Description Units Price AmountBudget Code FT STAFF CELL PHONE REIMBURSEMENT X3 3.00 576.00 1,728.002023 BANK SERVICES CHARGES & CC FEES 66,500.00100-519-64307 Budget Detail Description Units Price AmountBudget Code CREDIT CARD PROCESSING FEES 1.00 66,500.00 66,500.002023 Total Program: 519 - GUEST SERVICES:94,593.00 Program: 521 - YOUTH PROGRAMS GENERAL PROGRAM SUPPLIES 9,000.00100-521-62301 Budget Detail Description Units Price AmountBudget Code AFTER-SCHOOL SUPPLIES 1.00 2,000.00 2,000.002023 FAMILY PROGRAMMING SUPPLIES 1.00 3,000.00 3,000.002023 SCHOOL'S OUT SUPPLIES 1.00 1,500.00 1,500.002023 SUMMER CAMP SUPPLIES 1.00 2,500.00 2,500.002023 FOOD & BEVERAGES 5,000.00100-521-62802 Budget Detail Description Units Price AmountBudget Code AFTER-SCHOOL SNACKS 1.00 1,700.00 1,700.002023 148 SCHOOL'S OUT SNACKS 1.00 800.00 800.002023 STAFF MEALS 1.00 500.00 500.002023 SUMMER CAMP SNACKS 1.00 2,000.00 2,000.002023 CLOTHING & UNIFORMS 1,300.00100-521-62805 Budget Detail Description Units Price AmountBudget Code STAFF SHIRTS 1.00 1,300.00 1,300.002023 MEDICAL & 1ST AID SUPPLY 200.00100-521-62809 Budget Detail Description Units Price AmountBudget Code FIRST AID SUPPLIES 1.00 200.00 200.002023 TRAINING FACILITATORS 3,200.00100-521-63103 Budget Detail Description Units Price AmountBudget Code EMPLOYEE FINGERPRINTS CBI/FBI 1.00 720.00 720.002023 FIRST AID/CPR TRAINING 1.00 400.00 400.002023 MED ADMIN CLASS 1.00 200.00 200.002023 MED ADMIN TRAINING DELEGATION 1.00 200.00 200.002023 OUT OF STATE BACKGROUND CHECKS 1.00 200.00 200.002023 STAFF TRAINING MEETINGS/TEAM BUILDING 1.00 1,000.00 1,000.002023 TRAILS BACKGROUND CHECK 1.00 480.00 480.002023 PROFESSIONAL DEVELOPMENT 800.00100-521-64101 Budget Detail Description Units Price AmountBudget Code TRAVEL/HOTEL 1.00 600.00 600.002023 WORKSHOPS/TRAININGS 1.00 200.00 200.002023 CELLULAR & PAGING 1,152.00100-521-64206 Budget Detail Description Units Price AmountBudget Code CELL PHONE REIMBURSEMENT 2.00 576.00 1,152.002023 PERMIT & LICENSING FEES 510.00100-521-64306 Budget Detail Description Units Price AmountBudget Code INSPECTIONS 1.00 60.00 60.002023 LICENSE 1.00 450.00 450.002023 OTHER ADMINISTRATIVE FEES 8,500.00100-521-64399 Budget Detail Description Units Price AmountBudget Code CAMP FIELD TRIPS 1.00 8,500.00 8,500.002023 COMPUTERS & PERIPHERALS 2,000.00100-521-66402 Budget Detail Description Units Price AmountBudget Code NEW LAPTOP 1.00 2,000.00 2,000.002023 AUTOMOBILES AND LIGHT-DUTY TRUCKS 29,500.00100-521-66501 Budget Detail Description Units Price AmountBudget Code CHEVROLET EXPRESS VAN (REPLACES #501H) C/O 2022 0.00 0.00 29,500.002023 Total Program: 521 - YOUTH PROGRAMS:61,162.00 Program: 523 - COMMUNITY SWIM PROGRAM GENERAL PROGRAM SUPPLIES 4,310.00100-523-62301 Budget Detail Description Units Price AmountBudget Code SWIM LESSON SUPPLIES 1.00 500.00 500.002023 SWIM TEAM POWER RACK 1.00 2,635.00 2,635.002023 SWIM TEAM SUPPLIES 1.00 1,175.00 1,175.002023 FOOD & BEVERAGES 300.00100-523-62802 149 Budget Detail Description Units Price AmountBudget Code TEAM BONDING EVENTS 1.00 300.00 300.002023 CLOTHING & UNIFORMS 610.00100-523-62805 Budget Detail Description Units Price AmountBudget Code COACH UNIFORMS 1.00 160.00 160.002023 INSTRUCTOR RASH GUARDS 1.00 450.00 450.002023 PROFESSIONAL DEVELOPMENT 3,560.00100-523-64101 Budget Detail Description Units Price AmountBudget Code NATL SWIM COACH TRAINING 1.00 3,360.00 3,360.002023 SWIM COACH WORKSHOPS 1.00 200.00 200.002023 DUES, LICENSES & MEMBERSHIPS 3,074.00100-523-64102 Budget Detail Description Units Price AmountBudget Code ASCA MEMBERSHIP 2.00 78.00 156.002023 MEET MOBILE SUBSCRIPTION DUES 1.00 50.00 50.002023 TEAM UNIFY SUBSCRIPTION DUES 1.00 1,500.00 1,500.002023 USA COACH MEMBERSHIPS 1.00 518.00 518.002023 USA COACHING 101 CERT 1.00 200.00 200.002023 USA COACHING 201 CERT 1.00 200.00 200.002023 USA TEAM MEMBERSHIP 1.00 450.00 450.002023 MILEAGE REIMBURSEMENT & TRAVEL 22,890.00100-523-64103 Budget Detail Description Units Price AmountBudget Code GASOLINE 1.00 2,150.00 2,150.002023 HOTEL 1.00 15,040.00 15,040.002023 MEAL ALLOWANCE 1.00 5,700.00 5,700.002023 CELLULAR & PAGING 576.00100-523-64206 Budget Detail Description Units Price AmountBudget Code Cellular & Paging 1.00 576.00 576.002023 OPERATING FEES & CHARGES 14,340.00100-523-64904 Budget Detail Description Units Price AmountBudget Code REC SUMMER LEAGE FEE 1.00 110.00 110.002023 REC SUMMER MEET FEES 1.00 180.00 180.002023 USA SWIMMING MEET FEES 1.00 14,000.00 14,000.002023 WESTERN SLOPE LEAGUE FEE 1.00 50.00 50.002023 Total Program: 523 - COMMUNITY SWIM PROGRAM:49,660.00 Total Fund: 100 - GENERAL FUND:10,066,285.00 150 Fund: 220 - AVON URBAN RENEWAL FUND Program: 148 - AVON URBAN RENEWAL AUTHORITY TREASURER FEES 55,043.00220-148-64303 Budget Detail Description Units Price AmountBudget Code 3% COUNTY TREASURER FEES 0.00 0.00 55,043.002023 ADVERTISING/LEGAL NOTICES 1,000.00220-148-64901 Budget Detail Description Units Price AmountBudget Code LEGAL NOTICES 0.00 0.00 1,000.002023 Total Program: 148 - AVON URBAN RENEWAL AUTHORITY:56,043.00 Program: 933 - SERIES 2017 URA TIF REVENUE BONDS PRINCIPAL - 2017 TIF BONDS 192,175.00220-933-65101 Budget Detail Description Units Price AmountBudget Code PRINCIPAL - SERIES 2017 TIF REVENUE BONDS 0.00 0.00 192,175.002023 INTEREST - 2017 TIF BONDS 55,908.00220-933-65102 Budget Detail Description Units Price AmountBudget Code INTEREST - SERIES 2017 TIF REVENUE BONDS 0.00 0.00 55,908.002023 FISCAL CHARGES - 2017 TIF BONDS 400.00220-933-65103 Budget Detail Description Units Price AmountBudget Code PAYING AGENT FEE - UMB BANK 0.00 0.00 400.002023 Total Program: 933 - SERIES 2017 URA TIF REVENUE BONDS:248,483.00 Program: 934 - SERIES 2020 URA TIF REVENUE REFUNDING BONDS PRINCIPAL - 2020 TIF BONDS 442,000.00220-934-65101 Budget Detail Description Units Price AmountBudget Code PRINCIPAL - SERIES 2020 TIF REVENUE BONDS 0.00 0.00 442,000.002023 INTEREST - 2020 TIF BONDS 58,953.00220-934-65102 Budget Detail Description Units Price AmountBudget Code INTEREST - SERIES 2020 TIF REVENUE BONDS 0.00 0.00 58,953.002023 FISCAL AGENT FEES - 2020 TIF BONDS 500.00220-934-65103 Budget Detail Description Units Price AmountBudget Code UMB PAYING AGENT FEES - 2020 TIF BONDS 0.00 0.00 500.002023 Total Program: 934 - SERIES 2020 URA TIF REVENUE REFUNDING BONDS:501,453.00 Total Fund: 220 - AVON URBAN RENEWAL FUND:805,979.00 151 Fund: 230 - COMMUNITY ENHANCEMENT FUND Program: 416 - COMMUNITY ENHANCEMENT FUND TRAINING 20,000.00230-416-64105 Budget Detail Description Units Price AmountBudget Code BUILDING CONFERENCE ON ELECTRIFICATION 0.00 0.00 20,000.002023 Total Program: 416 - COMMUNITY ENHANCEMENT FUND:20,000.00 Total Fund: 230 - COMMUNITY ENHANCEMENT FUND:20,000.00 152 Fund: 240 - WATER FUND Program: 424 - WATER UTILITIES LEGAL SERVICES 10,000.00240-424-63101 Budget Detail Description Units Price AmountBudget Code ONGOING WATER-RELATED LEGAL COSTS 0.00 0.00 10,000.002023 ENGINEERING SERVICES 31,000.00240-424-63104 Budget Detail Description Units Price AmountBudget Code DAM MAINTENANCE AND REPORTING SUPORT 1.00 6,000.00 6,000.002023 NOTTINGHAM RESERVOIR SEEPAGE ANALYSIS 1.00 25,000.00 25,000.002023 OTHER PURCHASED & CONTRACTED SERVICES 25,000.00240-424-63999 Budget Detail Description Units Price AmountBudget Code Benchmark Dam Landscape Matts 1.00 5,000.00 5,000.002023 DITCH MAINTENANCE 1.00 20,000.00 20,000.002023 FIN DONATIONS & CONTRIBUTIONS 28,500.00240-424-64902 Budget Detail Description Units Price AmountBudget Code EAGLE RIVER CLEANUP 1.00 1,000.00 1,000.002023 EAGLE RIVER WATERSHED COUNCIL 1.00 4,000.00 4,000.002023 STORMWATER EDUCATION 1.00 10,000.00 10,000.002023 WATER QUALITY MONITORING SUPPORT 1.00 13,500.00 13,500.002023 MOUNTAIN STAR TAP FEE REIMBURSEMENT 4,000.00240-424-66601 Budget Detail Description Units Price AmountBudget Code TAP FEE REBATE 1.00 4,000.00 4,000.002023 Total Program: 424 - WATER UTILITIES:98,500.00 Total Fund: 240 - WATER FUND:98,500.00 153 Fund: 250 - COMMUNITY HOUSING FUND Program: 193 - COMMUNITY HOUSING PROGRAM PRINTING & REPRODUCTION 1,000.00250-193-63203 Budget Detail Description Units Price AmountBudget Code MI CASA PRINTING 0.00 0.00 1,000.002023 PRELIMINARY DESIGN 794,000.00250-193-63402 Budget Detail Description Units Price AmountBudget Code EAST PARCELS HOUSING STUDY - CHF10002 0.00 0.00 90,000.002023 SWIFT GULCH HOUSING PROJECT - CHF10001 0.00 0.00 704,000.002023 DEED RESTRICTION PAYMENTS 1,200,000.00250-193-64502 Budget Detail Description Units Price AmountBudget Code 2023 MI CASA DEED RESTRICTION PROGRAM 0.00 0.00 1,200,000.002023 Total Program: 193 - COMMUNITY HOUSING PROGRAM:1,995,000.00 Total Fund: 250 - COMMUNITY HOUSING FUND:1,995,000.00 154 Fund: 270 - EXTERIOR ENERGY OFFSET FUND Program: 219 - ENERGY EFFICIENCY PROJECTS FIN DONATIONS & CONTRIBUTIONS 41,000.00270-219-64902 Budget Detail Description Units Price AmountBudget Code CLEER DONATION FOR EV CAMPAIGN 0.00 0.00 1,000.002023 WALKING MOUNTAINS ENERGY PROGRAMS 0.00 0.00 40,000.002023 Total Program: 219 - ENERGY EFFICIENCY PROJECTS:41,000.00 Total Fund: 270 - EXTERIOR ENERGY OFFSET FUND:41,000.00 155 Fund: 280 - DISPOSABLE PAPER BAG FEE FUND Program: 135 - WASTE REDUCTION AND RECYCLING PROMOTIONAL & MARKETING MATERIALS 25,100.00280-135-62808 Budget Detail Description Units Price AmountBudget Code FLAGPOLE BANNER BAGS 0.00 0.00 10,000.002023 SIGNS 0.00 0.00 100.002023 SPECIAL EVENT MATERIALS 0.00 0.00 5,000.002023 STAINLESS STEEL CUPS 0.00 0.00 10,000.002023 TRASH COLLECTION & RECYCLING 6,740.00280-135-64205 Budget Detail Description Units Price AmountBudget Code COMPOST BAGS 0.00 0.00 500.002023 COMPOST SERVICES 12.00 195.00 2,340.002023 TRASH COLLECTION & RECYCLING 0.00 0.00 3,900.002023 FIN DONATIONS & CONTRIBUTIONS 2,000.00280-135-64902 Budget Detail Description Units Price AmountBudget Code EARTH DAY EVENT 0.00 0.00 2,000.002023 Total Program: 135 - WASTE REDUCTION AND RECYCLING:33,840.00 Total Fund: 280 - DISPOSABLE PAPER BAG FEE FUND:33,840.00 156 Fund: 310 - BOND REDEMPTION FUND Program: 926 - SERIES 2014B COPS PRINCIPAL - SERIES 2014B COPS 260,000.00310-926-65101 Budget Detail Description Units Price AmountBudget Code PRINCIPAL - SERIES 2014B COPS 0.00 0.00 260,000.002023 INTEREST - SERIES 2014B COPS 59,994.00310-926-65102 Budget Detail Description Units Price AmountBudget Code INTEREST- SERIES 2014B COPS 0.00 0.00 59,994.002023 FISCAL CHARGES - SERIES 2014B COPS 1,500.00310-926-65103 Budget Detail Description Units Price AmountBudget Code UMB PAYING AGENT FEES - SERIES 2014B COPS 0.00 0.00 1,500.002023 CASH MANAGEMENT FEES - SERIES 2014B COPS 50.00310-926-65109 Budget Detail Description Units Price AmountBudget Code UMB CASH MANAGEMENT FEES - SERIES 2014B COPS 0.00 0.00 50.002023 Total Program: 926 - SERIES 2014B COPS:321,544.00 Program: 927 - SERIES 2016 COPS PRINCIPAL - SERIES 2016 COPS 300,000.00310-927-65101 Budget Detail Description Units Price AmountBudget Code PRINCIPAL - SERIES 2016 COPS 0.00 0.00 300,000.002023 INTEREST - SERIES 2016 COPS 145,175.00310-927-65102 Budget Detail Description Units Price AmountBudget Code INTEREST - SERIES 2016 COPS 0.00 0.00 145,175.002023 FISCAL CHARGES - SERIES 2016 COPS 2,250.00310-927-65103 Budget Detail Description Units Price AmountBudget Code UMB PAYING AGENT FEES 0.00 0.00 2,250.002023 CASH MANAGEMENT FEES - SERIES 2016 COPS 50.00310-927-65109 Budget Detail Description Units Price AmountBudget Code UMB CASH MANAGEMENT FEES - SERIES 2016 COPS 0.00 0.00 50.002023 Total Program: 927 - SERIES 2016 COPS:447,475.00 Program: 928 - SERIES 2020 COPS PRINCIPAL - SERIES 2020 COPS 174,000.00310-928-65101 Budget Detail Description Units Price AmountBudget Code PRINCIPAL - SERIES 2020 REFUNDING COPS 0.00 0.00 174,000.002023 INTEREST - SERIES 2020 COPS 17,823.00310-928-65102 Budget Detail Description Units Price AmountBudget Code INTEREST - SERIES 2020 REFUNDING COPS 0.00 0.00 17,823.002023 FISCAL CHARGES - SERIES 2020 COPS 2,250.00310-928-65103 Budget Detail Description Units Price AmountBudget Code PAYING AGENT FEES - SERIES 2020 COPS 0.00 0.00 2,250.002023 CASH MANAGEMENT FEES - SERIES 2020 COPS 50.00310-928-65109 Budget Detail Description Units Price AmountBudget Code UMB CASH MANAGEMENT FEES - SERIES 2020 COPS 0.00 0.00 50.002023 Total Program: 928 - SERIES 2020 COPS:194,123.00 Total Fund: 310 - BOND REDEMPTION FUND:963,142.00 157 Fund: 520 - MOBILITY FUND Program: 431 - MOBILITY ADMINISTRATION MECHANICAL - HVAC 1,150.00520-431-62208 Budget Detail Description Units Price AmountBudget Code FILTERS AND BELTS 1.00 1,150.00 1,150.002023 EMPLOYEE RECOGNITION EXPENSE 1,500.00520-431-62801 Budget Detail Description Units Price AmountBudget Code 25X$60 25.00 60.00 1,500.002023 OTHER MISC OPERATING SUPPLIES 3,850.00520-431-62899 Budget Detail Description Units Price AmountBudget Code FACILITIES DEPARTMENT SUPPLIES 1.00 1,100.00 1,100.002023 LIGHTING REPAIR 1.00 2,200.00 2,200.002023 TRANSIT OPERATING SUPPLIES 0.00 0.00 550.002023 SOFTWARE 2,050.00520-431-62904 Budget Detail Description Units Price AmountBudget Code ADOBE SOFTWARE 2.00 400.00 800.002023 Valence E-Bus Management Software )0.00 0.00 1,250.002023 OFFICE SUPPLIES & MATERIALS 2,200.00520-431-62999 Budget Detail Description Units Price AmountBudget Code OFFICE SUPPLIES 0.00 0.00 1,200.002023 PAPER 0.00 0.00 1,000.002023 PRINTING & REPRODUCTION 500.00520-431-63203 Budget Detail Description Units Price AmountBudget Code PRINTING SERVICES 0.00 0.00 500.002023 SECURITY SERVICES 6,950.00520-431-63306 Budget Detail Description Units Price AmountBudget Code ALARM & SPRINKLER 1.00 4,200.00 4,200.002023 FIRE EXTINGUISHER MAINTENANCE 1.00 600.00 600.002023 SECURITY SERVICES 1.00 2,150.00 2,150.002023 R&M-BUILDING & FACILITY 56,000.00520-431-63501 Budget Detail Description Units Price AmountBudget Code BOILER INSPECTION 1.00 2,000.00 2,000.002023 BUILDING MAINTENANCE 0.00 0.00 5,500.002023 BUS BARN SAFETY MARKING 0.00 0.00 1,500.002023 ELEVATOR MAINTENANCE 0.00 0.00 4,500.002023 GARAGE DOOR MAINTENANCE 0.00 0.00 12,000.002023 HVAC MAINTENANCE 0.00 0.00 11,000.002023 HVAC WATER QUALITY TESTING 0.00 0.00 500.002023 REPAIR AND STAIN AVON STATION BUS SHELTER 0.00 0.00 15,000.002023 REPAIR AND STAIN LAKE ST STATION SHELTER 0.00 0.00 4,000.002023 R&M-OFFICE EQUIP & COMPUTERS 1,000.00520-431-63504 OTHER MAINTENANCE SERVICES 1,200.00520-431-63599 Budget Detail Description Units Price AmountBudget Code PEST CONTROL SERVICES 0.00 0.00 1,200.002023 RENTALS-OFFICE EQUIPMENT 1,600.00520-431-63603 Budget Detail Description Units Price AmountBudget Code COPIER RENTAL 0.00 0.00 1,600.002023 OTHER PURCHASED & CONTRACTED SERVICES 2,600.00520-431-63999 158 Budget Detail Description Units Price AmountBudget Code ROCKY MOUNTAIN AQUATEC 0.00 0.00 2,600.002023 PROFESSIONAL DEVELOPMENT 2,250.00520-431-64101 Budget Detail Description Units Price AmountBudget Code CONFERENCES 0.00 0.00 2,250.002023 TRAINING 2,250.00520-431-64105 Budget Detail Description Units Price AmountBudget Code CPR TRAINING - BIANNUALLY 25.00 60.00 1,500.002023 MISC TRAINING FOR DRIVERS 0.00 0.00 750.002023 GAS 37,116.00520-431-64202 Budget Detail Description Units Price AmountBudget Code HISTORICAL + 44%0.00 0.00 37,116.002023 ELECTRIC 37,000.00520-431-64203 Budget Detail Description Units Price AmountBudget Code ELECTRIC - HISTORICAL +10%0.00 0.00 37,000.002023 WATER & SANITATION 5,500.00520-431-64204 Budget Detail Description Units Price AmountBudget Code WATER 0.00 0.00 5,500.002023 POSTAGE & DELIVERY COSTS 50.00520-431-64301 Budget Detail Description Units Price AmountBudget Code POSTAGE & DELIVERY COSTS 0.00 0.00 50.002023 INSURANCE PREMIUMS 57,498.00520-431-64905 Budget Detail Description Units Price AmountBudget Code CIRSA PROPERTY & CASUALTY 0.00 0.00 57,498.002023 CAPITAL LEASE PAYMENTS 41,755.00520-431-65201 Budget Detail Description Units Price AmountBudget Code LEASE FOR ARTF SOLAR PANELS 0.00 0.00 41,755.002023 COMPUTERS & PERIPHERALS 2,000.00520-431-66402 Budget Detail Description Units Price AmountBudget Code REPLACE EVA'S COMPUTER 1.00 2,000.00 2,000.002023 AUDIO/VISUAL EQUIPMENT 2,300.00520-431-66403 Budget Detail Description Units Price AmountBudget Code PROJECTORS, MOUNTS, AND VIDEO CASTING (2)0.00 0.00 2,300.002023 Total Program: 431 - MOBILITY ADMINISTRATION:268,319.00 Program: 432 - TRANSIT OPERATIONS GASOLINE 4,000.00520-432-62401 DIESEL FUEL 158,360.00520-432-62402 Budget Detail Description Units Price AmountBudget Code ADDITIONAL SERVICE - 2 BUSES ALL DAY 0.00 0.00 23,360.002023 BASED ON HISTORICAL AVERAGES 0.00 0.00 135,000.002023 EMPLOYEE RECOGNITION EXPENSE 2,000.00520-432-62801 FOOD & BEVERAGES 2,000.00520-432-62802 CLOTHING & UNIFORMS 5,800.00520-432-62805 Budget Detail Description Units Price AmountBudget Code DRIVER CLOTHING 0.00 0.00 3,300.002023 159 SLIP RESISTANT SHOES 20.00 125.00 2,500.002023 OTHER MISC OPERATING SUPPLIES 2,600.00520-432-62899 Budget Detail Description Units Price AmountBudget Code OPERATING SUPPLIES 0.00 0.00 1,100.002023 PPE 0.00 0.00 1,500.002023 MEDICAL SERVICES & EXAMS 1,500.00520-432-63301 Budget Detail Description Units Price AmountBudget Code CDOT MEDICAL EXAMS 12.00 125.00 1,500.002023 R&M - VEHICLES 5,000.00520-432-63505 R&M-RADIO & COMMUNICATIONS EQUIP 16,500.00520-432-63506 Budget Detail Description Units Price AmountBudget Code 800 MHZ FEES 0.00 0.00 13,000.002023 EQUIPMENT REPLACEMENT 0.00 0.00 3,500.002023 OTHER PURCHASED & CONTRACTED SERVICES 22,200.00520-432-63999 Budget Detail Description Units Price AmountBudget Code CARPET CLEANING AT ARTF 2.00 900.00 1,800.002023 JANITORIAL SERVICES 0.00 0.00 16,600.002023 TRILLIUM GTFS 0.00 0.00 3,800.002023 DUES, LICENSES & MEMBERSHIPS 3,000.00520-432-64102 Budget Detail Description Units Price AmountBudget Code CASTA MEMBERSHIP 0.00 0.00 3,000.002023 ELECTRIC 15,000.00520-432-64203 Budget Detail Description Units Price AmountBudget Code Electric Bus Charging 0.00 0.00 15,000.002023 CELLULAR & PAGING 3,168.00520-432-64206 Budget Detail Description Units Price AmountBudget Code 10% CONTINGENCY 0.00 0.00 288.002023 CELL PHONES 4.00 720.00 2,880.002023 FLEET MAINTENANCE 278,514.00520-432-64401 Budget Detail Description Units Price AmountBudget Code FLEET MAINTENANCE CHARGES 0.00 0.00 278,514.002023 EQUIPMENT REPLACEMENT CHARGES 17,314.00520-432-64402 Budget Detail Description Units Price AmountBudget Code EQUIPMENT REPLACEMENT CHARGES 0.00 0.00 17,314.002023 WASH BAY CHARGES 14,664.00520-432-64403 Budget Detail Description Units Price AmountBudget Code BUSES 9.00 1,508.00 13,572.002023 VEHICLES 0.00 0.00 1,092.002023 AUTOMOBILES AND LIGHT-DUTY TRUCKS 98,197.00520-432-66501 Budget Detail Description Units Price AmountBudget Code FORD F150 LIGHTNING EV (REPLACES #291H) C/O 2022 0.00 0.00 50,702.002023 UTILITY EV - VW ID.4 (REPLACES #800H) C/O 2022 0.00 0.00 47,495.002023 BUSES & PEOPLE MOVING VEHICLES 1,130,000.00520-432-66503 160 Budget Detail Description Units Price AmountBudget Code DIESEL BUSES (CDOT FASTER GRANT)2.00 565,000.00 1,130,000.002023 Total Program: 432 - TRANSIT OPERATIONS:1,779,817.00 Program: 436 - WASHBAY MECHANICAL - HVAC 550.00520-436-62208 Budget Detail Description Units Price AmountBudget Code FILTERS & BELTS 0.00 0.00 550.002023 OTHER MISC OPERATING SUPPLIES 6,300.00520-436-62899 Budget Detail Description Units Price AmountBudget Code BUS SOAP & MISC SUPPLIES (MOBILTY)0.00 0.00 2,200.002023 BUS SOAP & MISC SUPPLIES FOR FACILITIES 0.00 0.00 2,500.002023 NOZZLES R&R 0.00 0.00 500.002023 WATER SOFTENER SALT 0.00 0.00 1,100.002023 R&M-BUILDING & FACILITY 7,250.00520-436-63501 Budget Detail Description Units Price AmountBudget Code AMS HVAC MAINTENANCE 0.00 0.00 1,750.002023 GARAGE DOOR REPAIR 0.00 0.00 5,000.002023 HVAC CHEM TEST 0.00 0.00 500.002023 R&M-OTHER SPECIALIZED EQUIP 4,000.00520-436-63549 Budget Detail Description Units Price AmountBudget Code PUMP & MOTOR REPAIR 0.00 0.00 4,000.002023 OTHER PURCHASED & CONTRACTED SERVICES 9,600.00520-436-63999 Budget Detail Description Units Price AmountBudget Code SLUDGE PIT CLEANING 0.00 0.00 7,000.002023 WASHEBAY PREVENTITIVE MAINTENANCE 4.00 650.00 2,600.002023 WATER & SANITATION 10,500.00520-436-64204 EQUIPMENT REPLACEMENT CHARGES 106,016.00520-436-64402 Budget Detail Description Units Price AmountBudget Code EQUIPMENT REPLACEMENT CHARGES 0.00 0.00 106,016.002023 Total Program: 436 - WASHBAY:144,216.00 Program: 437 - MOBILITY PROGRAMS OTHER PURCHASED & CONTRACTED SERVICES 9,000.00520-437-63999 Budget Detail Description Units Price AmountBudget Code RTA IMPLEMENTATION AND TRANSITION SUPPORT 0.00 0.00 8,000.002023 SOLE POWER SPONSORSHIP 1.00 1,000.00 1,000.002023 ELECTRIC 5,500.00520-437-64203 Budget Detail Description Units Price AmountBudget Code EV CHARGER NEAR CHRISTY SPORTS 1.00 5,500.00 5,500.002023 FIN DONATIONS & CONTRIBUTIONS 335,218.00520-437-64902 Budget Detail Description Units Price AmountBudget Code EAGLE VALLEY BIKE SHARE PROGRAM 0.00 0.00 100,000.002023 GONDOLA CONTRIBUTION 0.00 0.00 235,218.002023 Total Program: 437 - MOBILITY PROGRAMS:349,718.00 Total Fund: 520 - MOBILITY FUND:2,542,070.00 161 Fund: 610 - FLEET MAINTENANCE FUND Program: 434 - FLEET MAINTENANCE OPERATIONS GASOLINE 3,678.00610-434-62401 Budget Detail Description Units Price AmountBudget Code GASOLINE 0.00 0.00 3,678.002023 DIESEL FUEL 850.00610-434-62402 Budget Detail Description Units Price AmountBudget Code DIESEL FUEL 0.00 0.00 850.002023 PARTS - STOCK 577,224.00610-434-62404 Budget Detail Description Units Price AmountBudget Code PARTS - STOCK FOR THIRD PARTY VEHICLES 0.00 0.00 317,117.002023 PARTS - STOCK FOR TOA VEHICLES 0.00 0.00 260,107.002023 EMPLOYEE RECOGNITION EXPENSE 540.00610-434-62801 Budget Detail Description Units Price AmountBudget Code EMPLOYEE RECOGNITION EXPENSE $60 X 9 9.00 60.00 540.002023 FOOD & BEVERAGES 700.00610-434-62802 Budget Detail Description Units Price AmountBudget Code COFFE FOR FLEET STAFF 0.00 0.00 400.002023 FOOD FOR FLEET STAFF 0.00 0.00 300.002023 CLOTHING & UNIFORMS 1,475.00610-434-62805 Budget Detail Description Units Price AmountBudget Code BOOTS $150 X 9 9.00 150.00 1,350.002023 WINTER AND SUMMER GLOVES 0.00 0.00 125.002023 CONSUMABLE TOOLS/SMALL EQUIP 10,450.00610-434-62807 Budget Detail Description Units Price AmountBudget Code HAND AND MISCELLANEOUS SPECIALTY TOOLS 0.00 0.00 10,450.002023 PROMOTIONAL & MARKETING MATERIALS 850.00610-434-62808 Budget Detail Description Units Price AmountBudget Code CUSTOMER APPRECIATION 0.00 0.00 750.002023 HOLIDAY CARDS TO CUSTOMERS 0.00 0.00 100.002023 OTHER MISC OPERATING SUPPLIES 28,935.00610-434-62899 Budget Detail Description Units Price AmountBudget Code CHEMICALS 0.00 0.00 5,400.002023 FILL WELDING BOTTLE 0.00 0.00 500.002023 PARSK FUEL TANK REGISTRATION 0.00 0.00 35.002023 REPAIR RELATED HARDWARE 0.00 0.00 5,400.002023 SHOP SUPPLIES 0.00 0.00 17,600.002023 OFFICE SUPPLIES & MATERIALS 1,000.00610-434-62999 Budget Detail Description Units Price AmountBudget Code FLEET OFFICE SUPPLIES 0.00 0.00 1,000.002023 R&M-BUILDING & FACILITY 2,500.00610-434-63501 Budget Detail Description Units Price AmountBudget Code MISC BUILDING REPAIRS 0.00 0.00 2,500.002023 R&M-OFFICE EQUIP & COMPUTERS 500.00610-434-63504 Budget Detail Description Units Price AmountBudget Code R&M OFFICE EQUIP & COMPUTERS 0.00 0.00 500.002023 162 R&M-VEHICLES (SUBLET REPAIRS)44,000.00610-434-63505 Budget Detail Description Units Price AmountBudget Code R&M_VEHICLES (SUBLET REPAIRS)0.00 0.00 44,000.002023 SHOP TOOLS & EQUIPMENT REPAIRS 12,000.00610-434-63549 Budget Detail Description Units Price AmountBudget Code R&M OTHER SPECIALIZED EQUIPMENT 0.00 0.00 12,000.002023 LAUNDRY & CLEANING SERVICES 2,700.00610-434-63551 Budget Detail Description Units Price AmountBudget Code LAUNDRY SERVICES 0.00 0.00 2,700.002023 OTHER MAINTENANCE SERVICES 6,500.00610-434-63599 Budget Detail Description Units Price AmountBudget Code PARTS WASHER SERVICE 0.00 0.00 5,000.002023 TIRE DISPOSAL FEES 0.00 0.00 500.002023 WASTE OIL AND FILTER DISPOSAL 0.00 0.00 1,000.002023 OTHER PURCHASED & CONTRACTED SERVICES 9,000.00610-434-63999 Budget Detail Description Units Price AmountBudget Code OTHER CONTRACT SERVICES 0.00 0.00 9,000.002023 PROFESSIONAL DEVELOPMENT 12,650.00610-434-64101 Budget Detail Description Units Price AmountBudget Code AC CERTIFICATIONS 0.00 0.00 100.002023 ANNUAL FIRE MECHANICS ACADEMY 0.00 0.00 2,500.002023 ASE CERTIFICATIONS 0.00 0.00 1,150.002023 CAFM CERTIFICATIONS 0.00 0.00 1,000.002023 EVT CERTIFICATIONS 0.00 0.00 900.002023 LODGING AND PER DEUM FOR ALL TRANING, AND ALL OTHE 0.00 0.00 5,000.002023 PIERCE CHASIS ELECTRICAL TRAINING AND CERTIFICATIO 0.00 0.00 2,000.002023 DUES, LICENSES & MEMBERSHIPS 665.00610-434-64102 Budget Detail Description Units Price AmountBudget Code ANNUAL CEVTA MEMBERSHIP 0.00 0.00 65.002023 ANNUAL CMCA MEMBERSHIP 0.00 0.00 600.002023 GAS 33,250.00610-434-64202 Budget Detail Description Units Price AmountBudget Code GAS FOR BUILDING 0.00 0.00 33,250.002023 ELECTRIC 20,500.00610-434-64203 Budget Detail Description Units Price AmountBudget Code ELECTRIC FOR BUILDING 0.00 0.00 20,500.002023 WATER & SANITATION 5,500.00610-434-64204 Budget Detail Description Units Price AmountBudget Code WATER & SANITATION FOR BUILDING 0.00 0.00 5,500.002023 CELLULAR & PAGING 576.00610-434-64206 Budget Detail Description Units Price AmountBudget Code CELL PHONE REIMBURSEMENT FOR FLEET MANAGER 12.00 48.00 576.002023 POSTAGE & DELIVERY COSTS 1,000.00610-434-64301 Budget Detail Description Units Price AmountBudget Code POSTAGE 0.00 0.00 1,000.002023 FLEET MAINTENANCE 4,074.00610-434-64401 163 Budget Detail Description Units Price AmountBudget Code FLEET MAINTENANCE CHARGES 0.00 0.00 4,074.002023 EQUIPMENT REPLACEMENT CHARGES 19,966.00610-434-64402 Budget Detail Description Units Price AmountBudget Code EQUIPMENT REPLACEMENT CHARGES 0.00 0.00 19,966.002023 WASH BAY CHARGES 1,452.00610-434-64403 Budget Detail Description Units Price AmountBudget Code WASH BAY CHARGES 0.00 0.00 1,452.002023 INSURANCE PREMIUMS 2,878.00610-434-64905 Budget Detail Description Units Price AmountBudget Code CIRSA PROPERTY & CASUALTY 0.00 0.00 2,878.002023 PRINCIPAL - SERIES 2020 COPS 179,000.00610-434-65101 Budget Detail Description Units Price AmountBudget Code PRINCIPAL - 2020 REFUNDING COPS 0.00 0.00 179,000.002023 INTEREST - SERIES 2020 COPS 18,204.00610-434-65102 Budget Detail Description Units Price AmountBudget Code INTEREST - 2020 REFUNDING COPS 0.00 0.00 18,204.002023 OTHER MACHINERY & EQUIPMENT 1,007,812.00610-434-66499 Budget Detail Description Units Price AmountBudget Code FOUR WIRELESS PORTABLE LIFTS 0.00 0.00 249,937.002023 HEAVY DUTY IN GROUND CYLINDER LIFT PAIR 0.00 0.00 44,975.002023 WASH BAY IN GROUND HEAVY DUTY SCISSOR LIFT 0.00 0.00 712,900.002023 Total Program: 434 - FLEET MAINTENANCE OPERATIONS:2,010,429.00 Total Fund: 610 - FLEET MAINTENANCE FUND:2,010,429.00 164 Fund: 630 - EQUIPMENT REPLACEMENT FUND Program: 811 - FLEET AND HEAVY EQUIPMENT AUTOMOBILES AND LIGHT DUTY TRUCKS 843,783.00630-811-66501 Budget Detail Description Units Price AmountBudget Code PARKS PICKUP W/ PLOW (REPLACES #200) C/O 2022 0.00 0.00 47,000.002023 PARKS PICKUP W/ PLOW (REPLACES #223)0.00 0.00 47,000.002023 POLICE INTERCEPTOR HYBRID (REPLACES #353)0.00 0.00 67,642.002023 POLICE INTERCEPTOR HYBRID (REPLACES #355)0.00 0.00 67,642.002023 POLICE INTERCEPTOR HYBRIDS ( 6 NEW)0.00 0.00 470,004.002023 R&B PICKUP W/ PLOW (REPLACES #210) C/O 2022 0.00 0.00 47,000.002023 ROADS & BRIDGES FLATBED PICKUP (REPLACES #211)0.00 0.00 50,000.002023 UTILITY 4X4 EV (REPLACES #401) C/O 2022 0.00 0.00 47,495.002023 HEAVY TRUCKS AND MOVING EQUIPMENT 931,048.00630-811-66502 Budget Detail Description Units Price AmountBudget Code BACKHOE (REPLACES #282)0.00 0.00 153,162.002023 FLEET SERVICE TRUCK (REPLACES #700) C/O FROM 2022 0.00 0.00 175,000.002023 LIFT TRUCK (REPLACES #104) C/O FROM 2022 0.00 0.00 175,683.002023 PLOW TRUCK (REPLACES #205)0.00 0.00 300,000.002023 TOOLCAT (REPLACES #214) C/O FROM 2022 0.00 0.00 60,594.002023 TRACTOR (REPLACES 286/217) C/O FROM 2022 0.00 0.00 66,609.002023 Total Program: 811 - FLEET AND HEAVY EQUIPMENT:1,774,831.00 Program: 812 - RECREATION CENTER EQUIPMENT ATHLETIC AND RECREATION EQUIPMENT 359,005.00630-812-66407 Budget Detail Description Units Price AmountBudget Code ARC TRAINERS 0.00 0.00 40,267.002023 CYBEX TREADMILLS 0.00 0.00 104,072.002023 ELLIPTICALS 0.00 0.00 33,180.002023 FREEMOTION TREADMILLS 0.00 0.00 50,796.002023 INTEREACTIVE SPIN BIKES 0.00 0.00 28,218.002023 MISC. FITNESS EQUIP. (BENCHES, BALLS, ETC.)0.00 0.00 19,490.002023 RECUMBANT BIKES 0.00 0.00 23,667.002023 STAIRMASTERS (2)0.00 0.00 36,698.002023 UPRIGHT BIKES (3)0.00 0.00 22,617.002023 Total Program: 812 - RECREATION CENTER EQUIPMENT:359,005.00 Program: 813 - COMPUTER AND OFFICE EQUIPMENT COMPUTERS & PERIPHERALS 71,600.00630-813-66402 Budget Detail Description Units Price AmountBudget Code 2023 SWITCH UPGRADE 0.00 0.00 39,746.002023 FIREWALL REFRESH & GUEST WIFI CONFIG 0.00 0.00 30,028.002023 NAS HARD DRIVES 0.00 0.00 1,826.002023 AUDIO/VISUAL 2,660.00630-813-66403 Budget Detail Description Units Price AmountBudget Code (2) AXIS CAMERAS (ARTF)0.00 0.00 2,660.002023 FURNITURE & FIXTURES 4,555.00630-813-66404 Budget Detail Description Units Price AmountBudget Code REPLACEMENT SERVER CABINENT 0.00 0.00 4,555.002023 Total Program: 813 - COMPUTER AND OFFICE EQUIPMENT:78,815.00 165 Program: 815 - HEAT RECOVERY HEAT DISTRIBUTION SYSTEMS 87,500.00630-815-66704 Budget Detail Description Units Price AmountBudget Code HEAT RECOVERY HEAT PUMP - FINAL PYMT 0.00 0.00 87,500.002023 Total Program: 815 - HEAT RECOVERY:87,500.00 Total Fund: 630 - EQUIPMENT REPLACEMENT FUND:2,300,151.00 Report Total:20,876,396.00 166 ATTACHMENT B 970.748.4446 mlabagh@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Michael Labagh, Recreation Director RE: 2023 Budget – Recreation Department Review DATE: November 3, 2022 SUMMARY: This report provides Council with the supplemental information requested at the Budget Retreat on Friday, October 28. BACKGROUND: The Recreation Department currently has 10 full-time positions and is comprised of two main divisions, Recreation Services and Aquatics. Recreation Services includes three subdivisions: Guest Services, Fitness, Youth and Adult Programs. Aquatics includes two subdivisions: Operations and Programming. PROPOSED NEW POSITIONS: Programs Supervisor: This position is responsible for ongoing development, implementation and daily operation of the Adult and Youth Program division at the Avon Recreation Center. This position works within the Recreation Services division and functions out of the 515-Adult Programs and 521-Youth Programs budgets. The Programs Supervisor will act as a “Lead” Youth Counselor regularly (approximately 40% of their time) and as a Sports Attendant or Guest Services Attendant on an as needed basis. The remainder of their time will be spent on program planning and administration. There is an ongoing demand to recruit and retain qualified staff to work the Recreation Department’s Afterschool Program, School’s Out Camp and Summer Camp. Per the State childcare requirements, we are required to have a certain amount of “Lead” qualified employees to supervise children and support other staff. “Lead” qualified staff must have at least 460 contact hours working with children and maintain higher level trainings through the State of Colorado Shines training portal. In 2021 and 2022, the department did not have enough qualified “Lead” staff for summer camps and was only able to accommodate 26-30 children per day, opposed to the potential of 50 children per day. Throughout the summer of 2022, there was anywhere between 6 to 29 children on the waiting list for our summer day camps. Our maximum participant number is based on how many qualified “Lead” staff we have available. This new position will provide depth to the Youth Programs division, play an essential role maintaining existing offerings and expanding overall programming for the Avon community. Aquatics Coordinator: The Aquatics Coordinator functions within the 516-Aquatics and 523-Community Swim Program budgets. This position performs a variety of professional aquatic duties including safeguarding the activities of the patrons of the Avon Recreation Center and assisting the Aquatics Superintendent with the overall management of the Aquatics division. The Aquatics Coordinator will spend most of their working hours as a Lifeguard or Swim Coach , while their remaining hours will be dedicated to pool maintenance and staff training. The department chose to reduce pool operating hours by 4 hours per week in March 2022 and by an additional 16 hours per week in August 2022 to curb staff burnout and ensure its ability to maintain a safe pool environment. Youth swim lesson programming also had to be cut by 50%. Depending on bather load and scheduled rentals or activities, the Recreation Center pools require between 2 to 6 Lifeguards to safely manage the aquatic area. Recruiting and retaining Lifeguards and Swim Coaches continues to be a common issue at the local, state and national level. An additional Aquatics Coordinator position will provide the department the ability to maintain normal aquatic area operating hours and programming. Page 2 of 4 OVERTIME WAGE ANALYSIS: Overtime wages are a necessary expense to ensure quality operations of the Recreation Center and its programs. Staff often act in several different roles throughout their workday and navigate an unpredictable environment which includes hundreds of daily facility users and program participants. If approved, the additional positions proposed will increase staffing depth and decrease overtime wages in 515-Adult Programs, 521-Youth Programs, 516-Aquatics and 523-Community Swim Program. It is estimated these overtime wages can be decreased by $6,000 for 2023. RECREATION CENTER FEES: Recreation Department staff conducted research and compared admission and program fees of peer facilities including, Gypsum Recreation Center (Mountain Recreation), Vail Recreation District, Silverthorne, Breckenridge, Glenwood Springs, Steamboat Springs , Aspen and Fraser Valley (Winter Park). Staff are proposing all updated admission rates be effective beginning Sunday, January 1, 2023. If Council is comfortable with the proposed admission fee increases, Staff can conservatively estimate an increase in admissions revenue of $100,000 for 2023. Daily Rates: Staff are proposing a $3.00 increase to standard (guest) rates only. Adult standard rates would increase from $15.00 to $18.00 and Child/Senior rates would increase from $11.00 to $14.00. Daily admission rates have minimally increased since 2006. Punch Passes: Avon Recreation’s punch passes do not have any residency requirements but are non- refundable, transferrable and currently do not have an expiration date. Staff are proposing a $1.00 increase to the 5-punch pass, an $11.00 increase to the 10-punch pass and a $20.00 increase to the 25- punch pass. Punch pass rates have not increased since 2007. Staff are also proposing adding a two-year expiration from the purchase date, on all punch passes. Through research and peer community comparisons, Staff found that this policy is uncommon and not best practice. Page 3 of 4 Monthly Rates: Staff are proposing an $8.00 increase to all standard rate (non-Avon residents) monthly memberships. Monthly rates were modestly increased in 2006, 2013, 2017 and 2020. Standard rate monthly memberships have not increased since 2013. In 2020, only the monthly rates for Avon residents were increased by $2.00. Community members have the option to purchase a 6-month or 12-month membership and save between 15% - 30%. The multi-month memberships will be adjusted proportionally after the 2023 monthly rate is confirmed. Page 4 of 4 Seasonal Sales: The Recreation Department offers two seasonal membership sales each year; the Black Friday Seasonal Membership and Anniversary “Punch Card” Sale. Our sales are well-known and embraced by locals and visitors every year. The Black Friday Seasonal Membership provides patrons the opportunity to purchase a membership for the Winter season (5 months) only, Black Friday through April 30 of the following year. The 5 -month seasonal membership currently costs $225.00 ($45/month) and does not have residency requirements. The Recreation Center celebrates its anniversary of opening the facility, (December 10, 1995) each year by holding an annual “Punch Card” Sale which occurs on or around December 10. The department offers “retro” pricing on all punch passes which provides discounts at approximately 50% off. RECOMMENDATION: Based on the Recreation Department’s increased operating expenses, staff research and extensive review from the Health and Recreation Committee, I recommend adjusting Recreation Center admission fees and policies as proposed. The admission fee increases will help Avon stay competitive in the Recreation/Fitness industry while also maintaining affordability for our community. I also recommend the approval of the proposed full-time positions, Programs Supervisor and Aquatics Coordinator, based on increased visitation numbers, community demand for extended facility hours and need for expanded youth activities, afterschool and summer camp programs. Thank you, Michael ATTACHMENT A – Recreation Department Organization Chart – 2022 ATTACHMENT B – Proposed Recreation Department Organization Chart - 2023 RECREATION DIRECTOR Aquatics DEPARTMENTS Guest Services Attendants II Recreation Services Recreation Services Supervisor Fitness Instructors & Personal Trainers Fitness Coordinator (PT) Recreation Services Coordinator Programs Coordinator After School, School’s Out & Summer Camp Counselors Guest Services Attendants I Drop-in Sports Attendants & Referees Aquatics Coordinator Swim Program Supervisor Recreation Services Superintendent Lifeguards II Lifeguards I Aquatics Coordinator Aquatics Supervisor Swim Instructors & Coaches 2022 RECREATION DEPARTMENT ORGANIZATIONAL CHART Aquatics Superintendent RECREATION DIRECTOR Aquatics DEPARTMENTS Guest Services Attendants II Recreation Services Recreation Services Supervisor Fitness Instructors & Personal Trainers Fitness Coordinator (PT) Recreation Services Coordinator Programs Coordinator After School, School’s Out & Summer Camp Counselors Guest Services Attendants I Drop-in Sports Attendants & Referees Swim Program Supervisor Recreation Services Superintendent Lifeguards II Lifeguards I Aquatics Coordinator - Programs Aquatics Supervisor Swim Instructors & Coaches 2023 RECREATION DEPARTMENT ORGANIZATIONAL CHART - PROPOSED Aquatics Superintendent Programs Supervisor Aquatics Coordinator - Operations (2) RECREATION DIRECTOR Aquatics DEPARTMENTS Guest Services Attendants II Recreation Services Recreation Services Supervisor Fitness Instructors & Personal Trainers Fitness Coordinator (PT) Recreation Services Coordinator Programs Coordinator After School, School’s Out & Summer Camp Counselors Guest Services Attendants I Drop-in Sports Attendants & Referees Aquatics Coordinator Swim Program Supervisor Recreation Services Superintendent Lifeguards II Lifeguards I Aquatics Coordinator Aquatics Supervisor Swim Instructors & Coaches 2022 RECREATION DEPARTMENT ORGANIZATIONAL CHART Aquatics Superintendent RECREATION DIRECTOR Aquatics DEPARTMENTS Guest Services Attendants II Recreation Services Recreation Services Supervisor Fitness Instructors & Personal Trainers Fitness Coordinator (PT) Recreation Services Coordinator Programs Coordinator After School, School’s Out & Summer Camp Counselors Guest Services Attendants I Drop-in Sports Attendants & Referees Swim Program Supervisor Recreation Services Superintendent Lifeguards II Lifeguards I Aquatics Coordinator - Programs Aquatics Supervisor Swim Instructors & Coaches 2023 RECREATION DEPARTMENT ORGANIZATIONAL CHART - PROPOSED Aquatics Superintendent Programs Supervisor Aquatics Coordinator - Operations (2) ATTACHMENT C Summary of Fleet Division’s Shop Rate Comparisons The last time shop rates were raised was 5 years ago. Many private shops have been raising rates annually to keep up with inflation. The Fleet Division operates as an Enterprise Fund and its operating expenses should be covered by revenue. In addition to recovering labor costs and overhead, the increase in rates will also allow Fleet to keep up with inflation. Public Hearing November 8, 2022 TOWN COUNCIL 2023 BUDGET November 8, 2022 Eric Heil Town Manager Scott Wright Finance Director Public Hearing November 8, 2022 Budget Adoption Process Sept 30 Oct 28 Nov 8 Dec 13 Budget Retreat Outcomes -Council direction for revisions -Council requests for additional information, analysis or options Public Hearings -November 8, 15 and December 13 -Any additional Council direction or discussion of budget items may occur Public Hearing and Adoption -Dec 13 (Must certify mill levy by Dec 15) -Adoption of Resolutions Adopting Budgets and Certifying Mill Levy Nov 15 Budget Retreat November 8, 2020 Revenue Projections Sales Tax Summary Original Budget for Sales Taxes –4.8% Increase from 2021 or $545,775 YTD through August tax up 15.92% or $1,142,528 Final Revised Budget Increased from Original by $920,640 Proposed 2023 Budget –No Increase from 2022 Accommodation Tax Summary Original Budget for Accommodation Taxes –12.46% increase or $251,425 YTD through August up 29.48% Final Revised Budget Increased from Original by $402,299 Proposed 2023 Budget –No Increase from 2022 Budget Retreat November 8, 2022 General Fund •2022 2023 Operating Revenue $25,315,275 $24,196,338 Transfer In (CIP)$ 494,593 $ 600,473 Total Revenue $25,809,868 $24,796,811 Expenditures $22,936,239 $25,370,038 Net Source (Use) of Funds $ 2,873,629 ($ 573,227) Fund Balance $17,441,190 $16,867,963 Budget Retreat November 8, 2022 Department Budget Impacts General Gov Separate Sustainability Budget Program Created Carryover of Fleet Purchases Finance Finance Director Transition Human Resources Director Position Eliminated Community Dev Long-range service proposed (combination of contracting consultants and long-range planner position for partial year) Recreation New positions: Program & Aquatic Supervisors Police Dispatch Fee Increased Public Works New positions: Building Technician, Geographic Information Systems Manager for partial year Mobility Expanded Evening Transit Services Fleet Shop Rate Increase Avon Town Council Budget Retreat November 8, 2022 New Positions Estimated Costs is $439,169 Position Title Department Position Justification Program Supervisor Recreation Full Time * Serves as Youth Counselor regularly and as Sports Attendant or Guest Services Attendant Aquatics Coordinator Recreation Full Time *Performs variety of professional aquatic duties including safeguarding the activities of patrons and assisting Rec Superintendent -Aquatics with overall management of aquatics division; spends most hours as Lifeguard and/or Swim Coach. Building Technician Public Works Full Time *Supports a proactive building and facility maintenance plan. Geographic Information Services Manager (GIS) Public Works Partial year at six months * Develops mapping system for town assets and services that will serve as an information platform storing layers of data related to utilities, drainage, streetscapes and park assets, right-of-way signage, parking spaces, etc.; responsible for maintaining the base mapping data; supports town departments for a variety of important planning efforts. Long-Range Planner Com Dev Partial year at six months * Helps develop formation & implementation of the Downtown Development Authority, supports redevelopment of several Avon subareas, facilitates planning at Village (at Avon), assists with Community Housing planning. Avon Town Council Budget Retreat November 8, 2022 Special Events Program Budget Savings S.E. Production Assistant (position eliminated)$(112,699.00) Battle of the Bands (moved to AvonLIVE!)$(10,000.00) Town Clean Up (no music)$1,700.00 Summer's End Monday Concert (AvonLIVE! level concert on Monday)$(79,537.50) Heart & Soul (eliminated in 2023)$(149,973.87) SunsetLIVE! (sound rolled out of Summer’s End)$1,060.00 XTERRA (cash contribution eliminated)$(10,000.00) TOTAL $(359,450.37) Direction to reduce Special Event Expenses Optional Event for Discussion Adding Winter Fireworks event in 2023 $ 88,900.00 Budget Retreat November 8, 2022 Capital Projects Fund •2022 2023 Revenue $ 8,029,076 $ 8,876,250 Expenditures $11,414,550 $12,992,056 Net Source (Use) of Funds ($ 3,385,474) ($ 7,483,062) Fund Balance $10,328,846 $ 2,845,784 Revenues are generated from the 2% real estate transfer tax and occasionally grant funds and transfers-in from other funds. Projects support: 1) maintenance of existing infrastructure, 2) transitioning fleet purchases from lease purchases to cash purchase, 3) other projects prioritized by Council. Capital Projects Fund 5 Year Plan (pages 61-63 of proposed budget document). 2023 Project Descriptions (pages 69-84 of proposed budget document). Budget Retreat November 8, 2022 Debt Service Fund •2022 2023 Revenue $959,708 $963,142 Expenditures $961,208 $963,142 Net Source (Use) of Funds -$ 1,500 $ 0 Fund Balance $ 34,933 $ 34,933 Revenues are transferred in from the Capital Projects Fund. There are 3 payments (principal an interest) made on the following issuances: 1)Series 2020 Refunding Certificates of Participation issued for the Regional Transportation Facility 2)Series 2014B Certificates of Participation issued for street improvements 3)Series 2016 Certificates of Participation that were issued to finance the construction of a new public safety facility Budget Retreat November 8, 2022 Community Housing Fund •2022 2023 Revenue $1,680,767 $1,831,440 Expenditures $1,811,309 $2,595,000 Fund Balance $1,172,765 $409,205 Revenue reflects collection of short-term rental tax (2% imposed with voter approval in 2021) and transfer of real estate transfer tax from CIP Fund )up to 10%). Expenditures include continued work on potential housing at Swift Gulch ($704K), East Avon Parcel ($90K) and Mi Casa Deed Restriction Program ($1.2M). Tract Y commitment estimated up to $600K to be included in 2023 budget. Budget Retreat November 8, 2022 Questions & Public Input Welcome AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 25, 2022 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO THE ELECTIONS IN AVON TOWN HALL 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:00:01 The meeting was hosted in a virtual format, using Zoom.us. Mayor Smith Hymes called the Council regular meeting to order at 5:00 p.m. A roll call was taken, and Council members virtually present were Tamra Underwood, RJ Andrade, Lindsay Hardy, and Amy Phillips. Council members Scott Prince and Chico Thuon were absent. Also virtually present were Recreation Director Michael Labagh , 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 Deputy Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:36 Mayor Smith Hymes mentioned that the agenda in the packet was updated with the addition of item 5.10. Councilor Thuon and Councilor Prince virtually joined the meeting at 5:02 p.m. Councilor Underwood pulled off agenda item 7.1 Election Update written report to be discussed, which Mayor Smith Hymes moved as item 5.11. Councilor Underwood moved to approve the agenda as amended. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 7 to 0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:03:01 No conflicts of interest were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:03:11 Mayor Smith Hymes explained how to participate via video/audio, via telephone, or via email, and that this public comment section is intended for items not listed in the agenda and is limited to 3 minutes. Tawnya Godinez joined to help present the skate park topic, but Mayor Smith Hymes explained that topic was in the agenda as item 5.2. Brian Brandl, Gypsum Resident, introduced himself and mentioned he is running as a candidate for Eagle County Commissioner in District 3, against Jeanne McQueeney. 5. BUSINESS ITEMS 5.1. PRESENTATION: SPEAKUP REACHOUT (PROGRAM AND EVENTS DIRECTOR LAURA ALVAREZ) Video Start Time: 00:08:14 Laura Alvarez presented on behalf of SpeakUp ReachOut . She said their mission is simple: to prevent suicide through training, awareness, and hope. She talked about statistics and upcoming events and explained their programs and initiatives . She ended her presentation making everyone aware of the local resources during crisis and the suicide prevention lifeline. She thanked Council for their support. AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 25, 2022 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO THE ELECTIONS IN AVON TOWN HALL 5.2. PRESENTATION: AVON SKATE PARK COALITION (AMY LEWIS, AVON SKATE COALITION) Video Start Time: 00:18:38 Amy Lewis with the Avon Skate Coalition (ASC) presented the skate park proposal and asked for Council approval for the intention to proceed with plans for Tract Y. She said this does not mean a certain commitment for the land, but a commitment to participa te in a planning process. Mayor Smith Hymes asked Council if they agree to do a letter of support. Councilor Andrade said yes to the letter, but it should specify that the Town is working to identify a site and do not commit to that one site and better leave options open to explore other locations. Councilor Hardy agreed with his comment. Mayor Pro Tem Phillips said it is important this goes t hrough the Planning and Zoning Commission process before the Town commits to which Track it would be and she expressed her conc ern with the restrooms issue . Councilor Underwood agreed with her comments on the restrooms as that is a high cost. She said she is in favor of exploring this with this energetic group and thanked them for bringing this to town . Councilor Thuon said the kids need to get out somewhere to recreate and this is a great use of this land, and he is fully in support of this project. Councilor Prince commented that it has to be a very thoughtful planning process and he mentioned that the Edwards S kate Park is successful because of all the amenities around it, like restrooms, the field, a playground, the Recreational Center, the High School, housing, etc. and this location is not close to other recreational amenities. Mayor Smith Hymes called for public commen ts and Rachael Stroker, Edwards Resident, commented. She expressed she has live d next to the Edwards Skate Park in Miller Ranch for many years and that her 9 y/o son is a skateboard competitor, so as a parent she has a great background and understanding on the importance of a skate park that provides a level of progression and creates a sense of community. Council consensus was to move forward with the planning phase. 5.3. WORK SESSION: VERO BROADBAND P ROVIDER (TOWN MANAGER ERIC HEIL) Video Start Time: 00:52:13 Town Manager Eric Heil mentioned this is a follow up from the last two work sessions on broadband. Evan Biagi, Vero Broadband Chief Revenue Officer, presented the PPT presentation included in the packet and explained the VERO networks. Councilor Thuon questioned why the Town should join the Thor project and spending that much money instead of splitting this cost with internet providers and let them take on this as a private company instead of the Town being in this business. He expressed that, at that moment, he did not support the Thor project. Councilor Underwood asked how they get the internet signal into the fiber in the Village in Avon. Evan Biagi answered several Council questions. There was no Council action. AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 25, 2022 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO THE ELECTIONS IN AVON TOWN HALL 5.4. WORK SESSION: JOINT CASE/C OUNCIL (CASE MANAGER DANITA DEMPSEY) Video Start Time: 01:41:05 CASE Manager Danita Dempsey joined the virtual meeting and presented the PPT presentation with photos from past events and said that the main direction she is looking for tonight is on the fireworks. She introduced the CASE Committee members. Virtually present were Lisa Mattis, Doug Jimenez, Pedro Campos, Justin Chesney, Ruth Stanley, and Kim Hannold. The majority of CASE committee expressed support for fireworks in the summer. Councilor Andrade did not support fireworks neither in the summer or winter. Councilor Underwood, Councilor Thuon, and Councilor Prince supported a big/traditional display of fireworks in the summer, if safe, and have fireworks in the winter only if they were not used in the summer. Councilor Hardy agreed. She also agreed with Lisa Mattis comment to perfect the events the Town currently has first and then work on a great winter event for future years. Mayor Pro Tem Phillips also wanted to stick with the fireworks in the summer and was supportive of having a consistent winter event. Mayor Smith Hymes expressed her concerns on sustainability but said she has heard from the citizens that they want fireworks and supported continuing with a full blown Third of July as long as it is safe. Then Council asked questions about the 2022 events recap and the 2023 proposed events calendar. Councilor Underwood thanked staff and the committee for their hard work. She praised the sustainability successes and the Art in Avon program, and she said she does not support discontinuing the Town Cleanup Day and absolutely loves Dancing in the Park. She did not support a huge increase in expenses for events in 2023 and said Council will have to make tough choices at the Friday's budget retreat. Councilor Hardy mentioned she loved the Summer's End but said the name was confusing as it was still full summer, and there was another event after that weekend. She would like staff to rethink the layout of bouncy castles as the shaded area by the trees is popular but gets blocked with the bouncy castles. Councilor Prince wants to think about what Avon does well and what Avon struggles with and expressed he does not support the timing of Heart & Soul as it is on the weekend of the Octoberfest event. He said this event is not unique and he does not support a $150K spend on it. Councilor Thuon thanked the staff for all their work and the incredible schedule. He seconded Councilor Prince comment about the budget and suggested to shave it / value-engineer it to make it work instead of just saying no. Mayor Pro Tem Phillips said that the events budget still needs some work and expressed it is imperative to add a third full-time year-round special events position to the team. She said that if the budget needs to be tweaked, then Heart & Soul could be removed, but add the light show element of that event that was absolutely spectacular to Salute to the USA to have more activity. Mayor Smith Hymes echoed all comments about how amazing the staff is. She expressed that the survey questions need to be very clear on what the Town is really asking and said that in her eight years on Council, the dynamic in mountain towns has changed dramatically and towns no longer aim to attract visitors but focus on managing the crowds. AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 25, 2022 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO THE ELECTIONS IN AVON TOWN HALL She agreed that the Town Cleanup event needs to stay and adding a weed pulling component is a great idea. She also does not support increasing the events budget in 2023 and said she would rather do one good event, combining the Summer's End and Heart & Soul events. She mentioned she would like a small holiday in the wintertime. She looked at the per person cost for some events and has concerns with budget and staff burnout. She said she does not support hotel rooms for the artists of the Art Around Avon program as not many people attend the art walk, and she supports figuring out a better piece for Roundabout 4. CASE Manager Danita Dempsey addressed some of those comments. Lisa Mattis asked Council to please not ask staff to do more with less. Mayor Smith Hymes clarified she said less is more, not do more. Councilor Prince agreed on not adding more. 5.5. WORK SESSION: REVIEW OF AVON ART PIECES (CASE MANAGER DANITA DEMPSEY) Video Start Time: 02:42:56 CASE Manager Danita Dempsey took Council through a PPT presentation with the bronze sculptures inventory and explained there are 25 sculptures , 9 are owned by Knox Galleries and are for sale to the Town, 2 that are library owned and 14 that are Town owned. Councilor Underwood thanked Knox Galleries for generously putting them on loan for so many years and said she would like to retain Mother ’s Pride only, if the Town can negotiate a fair price. Councilor Andrade agreed with that and suggested to shuffle some Town owned pieces around. Pedro Campos pointed out that the artist requested the Sidewalk Society Collection, Town owned, to not be separated . He expressed he loves Lasso as it is a contemporary, different , and intriguing piece. Councilor Hardy said Lasso has a historical meaning as it was photographed a lot during the 2015 Ski Championships, and it was in many brochures . She said she would like to retain Mother ’s Pride and Lasso and perhaps Stilt Walkers. Councilor Prince said he does not support spending taxpayer dollars on art pieces, unless they have historic value and said Council has higher priorities. Councilor Thuon said he does not support purchasing art either and said he also likes Mother’s Pride. Mayor Pro Tem Phillips suggested a Council subcommittee to look at Mother ’s Pride, Stilt walkers, Lasso , and Enduring Navajo and negotiate for up to those 4 prices and then decide if this fits in the budget. Mayor Smith Hymes agreed purchasing art is expe nsive, but these sculptures will be missed if they are gone. She said Enduring Navajo is a great piece. Town Manager Eric Heil recapped, and Council consensus was to negotiate a fair price for Mother ’s Pride only. Councilor Underwood requested to consider relocating Checkmate back to roundabout 4 where it lived for many decades and people loved it. 5.6. WORK SESSION: BUILDING ELECTRIFICATION DATA AND BUILDING BENCHMARKING (PLANNER 1+ MAX MORGAN AND SUSTAINABILITY COORDINATOR CHARLOTTE LIN) Video Start Time: 03:20:02 Town Manager Eric Heil introduced the topic and Sustainability Coordinator Charlotte Lin and Planner 1+ Max Morgan took Council through the building electrification data and benchmarking PPT presentation . She explained the Town, the Climate Action Pla n, and the State AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 25, 2022 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO THE ELECTIONS IN AVON TOWN HALL Benchmarking Program goals . She said that the ultimate point of doing this at the beginning is to reduce greenhouse gas emissions that come from building energy use, and she laid out strategies the Town can deploy to accomplish that goal. Mayor Smith Hymes expressed she trust s staff's expertise to study options and work on this with the Town Manager. Council direct ion to staff was to take the lead and start where most effective and the Town’s best practices instead of where the state directs towns to start. 5.7. FIRST READING ORDINANCE 22-16: INTERNATIONAL BUILDING CODE TEXT AMENDMENTS (PLANNING DIRECTOR MATT P IELSTICKER ) Video Start Time: 04:06:32 Planning Director Matt Pielsticker and Building Official Derek Place presented first reading of Ordinance 22 -16 and answered Council questions. Planning Director Matt Pielsticker clarified that the Ordinance included in the packet is a clean version and staff worked with Town Attorney Karl Hanlon on this. Mayor Smith Hymes asked about the automatic sprinkler systems . Councilor Prince asked about costs. Councilor Hardy mentioned storage tanks. Councilor Underwood said that based on her experience, automatic sprinklers are more about saving the structure and less about life safety issues. She would be more in favor of implementing this if it is more about saving lives than the properties. Mayor Pro Tem Phillips said she is interested in seeing the difference in price of all additional expenses for a 2000 sqft town home vs a 3500 sqf t half-duplex vs a 6000 sqf t home. Councilor Prince asked if the Fire Marshal is recommending sprinkling under 6000 sqft properties. Building Official Derek Place confirmed this and suggested to invite him to the next discussion. Councilor Andrade moved to continue first reading of Ordinance 22-16, Approving the International Building Codes, with local amendments, until staff can bring back cost estimates and the Fire Marshal can be present . Mayor Pro Tem Phillips seconded th e motion and the motion passed with a vote of 7 to 0. 5.8. FIRST READING ORDINANCE 22-17: SALES TAX UPDATE (FINANCE DIRECTOR SCOTT WRIGHT) Video Start Time: 04:34:00 Finance Director Scott Wright presented Ordinance 22-17 and explained this is bringing provisions to be in line with state statutes. He expressed the memo is quite technical and was mainly drafted by Elizabeth Pierce -Durance , who could not be here this evening. Councilor Underwood expressed that overhauling the sales tax ordinance is a lot of work and very important and thanked staff for their work on this. Councilor Prince asked to clarify language about the zip code and timeline . Councilor Underwood moved to approve on First Reading of Ordinance 22-17 Repealing and Reenacting Chapter 3.08 of the Municipal Code Regarding Application of Sales Tax Provisions within the Town of Avon. Mayor Pro Tem Phillips seconded th e motion and the motion passed with a vote of 7 to 0. AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 25, 2022 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO THE ELECTIONS IN AVON TOWN HALL 5.9. RESOLUTION 22-23: APPROVING THE EXPENDITURE OF COMMUNITY ENHANCEMENT FUNDS FROM HOLY CROSS ENERGY (GENERAL GOVERNMENT MANAGER INEKE DE JONG ) Video Start Time: 04:43:40 General Government Manager Ineke de Jong presented Resolution 22-23 and answered Counc il questions. She explained the Town receives one percent of the gross revenues collected from the sale of electricity from within the Town’s borders and the funds are eligible to be expended for limited purposes . Councilor Hardy asked her to talk more about the 2022 Net Zero Building Conference on November 18 th and encouraged people to assist. Councilor Hardy move d to approve 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, Series of 2001 . Councilor Underwood seconded the motion and the motion passed with a vote of 7 to 0. 5.10. CONSIDERATION OF JOINING A MICUS 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) Video Start Time: 04:49:55 Town Attorney Karl Hanlon explained the petition and expressed the rail line issue is back for discussion and tonight he is looking for Council direction on willingness to join the Eagle County appeal which is due on Friday October 28th. Councilor Underwood expressed she is absolutely in favor. Mayor Pro Tem Phillips made a motion to participate in the Amicus brief regarding the waxy crude oil train through the Colorado River basin . Councilor Prince seconded that motion and it passed 7 to 0. 5.11. PULLED WRITTEN REPORT: 7.1. ELECTION UPDATE (DEPUTY TOWN MANAGER AND TOWN CLERK PATTY MCKENNY) Video Start Time: 05:02:29 Councilor Underwood requested that, after the election, report not only the affirmative votes for each candidate but to also report the undervotes from now on. Deputy Town Manager/Town Clerk Patty McKenny confirmed she is the Designated Election Official for this election, and she will do that. 6. MINUTES 6.1. APPROVAL OF OCTOBER 11, 2022, REGULAR COUNCIL MEETING MINUTES (DEPUTY TOWN MANAGER AND TOWN CLERK PATTY MCKENNY) Video Start Time: 05:03:45 Councilor Andrade moved to approve the minutes from October 11 , 2022, as presented. Mayor Pro Tem Phillips seconded th e motion and the motion passed with a vote of 7 to 0. AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 25, 2022 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO THE ELECTIONS IN AVON TOWN HALL 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) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 05:04:27 Mayor Smith Hymes inquired about the Recreation Center steam room repairs. Town Manager Eric Heil explained the Town faced a supply material issues to get the parts needed for repairs, but they are arriving soon. Councilor Prince reported the refurbished slide at the Recreation Center looks great with the Broncos colors. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 10:07 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: Brenda Torres, Deputy Town Clerk APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade (970) 748-4045 JHildreth@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Justin Hildreth, Town Engineer RE: Construction and Road Closure Update DATE: November 4, 2022 SUMMARY: This written report provides updates to Council on active construction projects that will have road closures or other potential impacts to the public. This written report will be included in future Council Packets. DISCUSSION: The following table lists the active construction/work projects around Town to inform residents and Council. The types of activity are listed under areas of Engineering/Capital Projects, Right of Way Permits and Development Projects. Council List of Active Construction/Work Projects and Road Closure Updates – November 8, 2022 Project Description Dates Engineering/Capital Projects Bus Shelters Installation Six new bus shelters (like the one at Comfort Inn) are being installed at Canyon Run, Eagle Bend, Buffalo Ridge, Westgate Plaza, ANB Bank and by Loaded Joe’s. The bus stops are closed until construction is completed. Completion: 11/25/2022 Harry A Nottingham Park – Sediment Pond Cleanout Cleanout of the pond (west of children’s playground) that collects incoming sediment will continue once the snow evaporates and the mud dries enough for removal. The sediment pond is drained until the project is completed. Completion: TBD Harry A Nottingham Park – Lake Slope Rock Protection The shoreline on the northeast side of the lake has been eroding from wave action. Rocks are being placed up to 5 feet below the high-water level to stabilize the shore. The lake level is 5-FT lower to accommodate the project. Completion: 11/11 Harry A Nottingham Park – Former Town Hall Site A landscaping contractor is cleaning up of the vacant lot including planting drought tolerant native grass seed. The parking lots are opened to the public. Completion: 11/11/2022 Avon Road I-70 Underpass The contractor is mostly complete and is finishing minor punch list items. No sidewalk or road closures planned. Completion: 11/11/2022 Emergency Notification Sirens Sirens were installed at Saddle Ridge Park, O’Neil Spur Park, Wildwood Annex, Mtn Star Water Tank, Wildridge Water Tank. Electrical installation in progress at all locations. Completion: 11/11/2022 Metcalf Road Culvert Repair The culvert repair contractor was unable to obtain concrete this year. Project is on hold till the spring. The culvert will be stabilized for the winter. No road closures are scheduled. Completion: 12/1/2022 (culvert stabilization) Post Blvd/US6 Wall Repair A vehicle ran into the wall, damaging the wall and guardrail. Contractor will mobilize on 11/7. Daytime sidewalk closures and intermittent lane closures. 11/25/2022 Page 2 of 2 Project Description Dates Right-Of-Way Permits Stonebridge Drive Site Wise (Xcel’s contractor) attempted to boring for a gas line under the UPRR tracks. The contractor experienced difficult ground conditions delaying project completion. There will be daytime lane closures in the area. Completion: Spring 2023 Old Trail Road Sage Telecommunications (Comcast) is demobilizing and will return in April to complete the project. No lane closures scheduled. Completion: Spring 2023 1782 Swift Gulch Road A new hotel is under construction. Two road cuts are complete and additional roadway work will resume in April 2023. No lane closures scheduled. Spring 2023 Development 95 Post Blvd (McGrady Acres) Contractor started site work and will shut down for the winter around December 1st. Eaglebend Pocket Park is closed for the next 3 weeks for utility installation. 2023 540 Nottingham Road A new duplex building is under construction. No lane closures are scheduled. 2023 COUNCIL ACTION: No Council action is required at this time. Thank you, Justin 970.748.4023 jskinner@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Jena Skinner, Senior Planner RE: Program 2022 Update DATE: October 26, 2022 SUMMARY: This report provides an update on the ¡Mi Casa Avon! program. BACKGROUND: Putting home ownership within reach of more Avon residents has been a priority for the Avon Town Council and the deed restricted housing program, ¡Mi Casa Avon!, was approved by the Avon Town Council in 2020. REVIEW OF PROGRAM: In 2020, the Town approved eight applications. In 2021, the Town has approved thirteen applications bringing the total to twenty-one by 12/31/2021. Since January 2022, we have added four more transactions to the program since the end of the first quarter. The full table containing this summary is on the next page. COMPARISON OF SUMMARIES 2022: FINANCIAL CONSIDERATIONS: The initial appropriation from the Avon Community Housing Fund approved by Council for 2020 was $650,000. Council approved funding in the amount of $900,000 for the program in 2021. The remaining fund balance rolled over into 2022 was $238,018. Total remaining funds is $378,158 or, 26% of funds available for the remainder of 2022. Thank you, Jena QUARTERLY UPDATES Sq Ft Bdms Sales Price Mi Casa $ % $ / Sq Ft January Update Average 1,182 2.2 $515,843 $62,475 11.9 $484 April Update 1,114 2 $528,417 $63,282 11.9 $523 July Update 1,070 2 $538,511 $62,489 11.9 $549 October Update 1,160 2 $680,700 $81,044 11.9 $632 Total Funds 2022 Funds Awarded 2022 Pending transactions 2022 Funds remaining 2022 $1,438,018 $934,460 $125,400 $378,158 Page 2 of 3 # Year Type Sq Ft Bdms Neighborhood Sales Price Mi Casa $ % $ / Sq Ft 20 2 0 1 08/20 Condo 935 2 Metcalf / Barrancas $399,000 $47,880 12.0% $427 2 09/20 Multi-family 1,987 4 Wildridge $645,000 $75,000 11.6% $325 3 10/20 Townhome 2,027 3 Wildridge / Saddleridge At Avon $630,000 $75,000 11.9% $311 4 10/20 Townhome 1,337 3 Nottingham / Bristol Pines $480,000 $57,600 12.0% $359 5 10/20 Condo 552 1 Nottingham / Sherwood Meadows $288,000 $34,560 12.0% $522 6 10/20 Condo 840 2 Hurd / Avon Crossing $431,000 $51,720 12.0% $513 7 10/20 Townhome 2,063 3 Wildridge / Coyote Creek Townhomes $675,000 $75,000 11.1% $327 8 11/20 Condo 768 2 West Beaver Creek Blvd / Liftview $400,000 $48,000 12.0% $521 20 2 1 9 03/21 Condo 768 2 West Beaver Creek Blvd / Sunridge $430,000 $51,600 12.0% $560 10 03/21 Condo 768 2 West Beaver Creek Blvd / Sunridge $370,000 $44,400 12.0% $482 11 05/21 Townhome 1770 3 Wildridge / Elk Run Townhomes $695,000 $83,400 12.0% $393 12 06/21 Condo 1019 2 Adj. Town Core / Greenbrier $449,000 $53,880 12.0% $441 13 07/21 Condo 935 2 Metcalf / Barrancas $498,000 $59,760 12.0% $533 14 07/21 Condo 1647 2 Nottingham / Balas Townhouse $645,000 $77,400 12.0% $392 15 08/21 Townhome 1228 2 Nottingham / Nightstar $750,000 $90,000 12.0% $611 16 09/21 Townhome 806 1 Wildwood / 1066 Wildwood Townhomes $515,000 $61,800 12.0% $639 17 09/21 Townhome 1176 3 Wildridge / Mountain View Townhomes $616,100 $73,932 12.0% $524 18 10/21 Townhome 2025 3 Wildwood / Wildcat Ridge Townhomes $880,000 $100K 11.4% $435 19 10/21 Condo 768 2 Metcalf / Barrancas $420,750 $50,490 12.0% $548 20 10/21 Condo 935 2 West Beaver Creek Blvd / Sunridge $480,000 $57,600 12.0% $513 21 11/21 Condo 464 1 Nottingham Lake / Beaver Bench $370,000 $44,400 12.0% $797 20 2 2 22 1/22 Condo 768 2 West Beaver Creek / Sunridge $500,000 $60,000 12.0% $651 23 1/22 Condo 768 2 West Beaver Creek Blvd / Liftview $540,000 $64,800 12.0% $703 24 1/22 Condo 768 2 West Beaver Creek Blvd / Liftview $522,000 $62,640 12.0% $680 25 2/22 Condo 552 1 Nottingham / Sherwood Meadows $390,000 $46,800 12.0% $707 26 3/22 Townhome 1468 3 Wildridge / Orchard $950,000 $100,000 10.5% $647 27 4/22 Condo 925 2 Metcalf / Barrancas $520,000 $62,400 12.0% $562 28 6/22 Condo 937 2 Metcalf / Barrancas $610,000 $73,200 12.0% $651 29 6/22 Condo 768 2 West Beaver Creek / Liftview $600,000 $72,000 12.0% $781 30 7/22 Condo 935 2 Metcalf / Barrancas $625,000 $75,000 12.0% $669 Page 3 of 3 # Year Type Sq Ft Bdms Neighborhood Sales Price Mi Casa $ % $ / Sq Ft 31 8/22 Townhome 1824 3 Wildridge / Suncrest $750,000 $90,000 12% 411.18 32 7/22 Condo 866 2 Hurd / Avon Crossing $700,000 $84,000 12% 808.31 33 9/22 Townhome 1380 3 Wildridge / Draw Spur Townhomes $860,000 $100,000 11.6% (MAX) 623.19 34 9/22 Condo 1228 2 Nottingham / Nightstar $730,000 $87,600 12% 594.46 35 10/22 Condo 503 1 West Beaver Creek / Benchmark $363,500 $43,620 12% 722.66 Average 1,100 2 $577,620 $66,687 11.9% $554 970-748-4083 clin@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Charlotte Lin, Sustainability Coordinator RE: Climate Action Partner Organizations DATE: April 22, 2022 SUMMARY: This report addresses Department Goal #12 Analyze all Climate Action Organizations, which is to create a list of our existing relationships and subscriptions to climate action related organizations and evaluate benefits of those relationships. BACKGROUND: Since 2016, the Town of Avon has been an active participant in Eagle County’s regional effort to accomplish goals in the Climate Action Plan. The systemic, interdisciplinary and collaborative nature of climate action requires multiple partner organizations to work together and support each other. Partner organizations also help the Town reach new heights in terms of project scope, staffing, expertise, advocacy, or other resources. The analysis section below provides details of our current climate action partner organizations, their benefits, as well as the Town’s financial investment and staff comments regarding these partnerships. No actions are required by Council for this report. ANALYSIS: Name of Organization Yearly Contribution Membership Benefits Climate Action Collaborative (CAC) $20,000 / year Directly participate in the decision-making process of enacting Eagle County’s Climate Action Plan. Receive timely and helpful support throughout the entire process of any climate strategy. Be a part of an active and enthusiastic community in Eagle County for the challenging tasks of climate actions. Colorado Communities for Climate Action (CC4CA) $5,000 / year Colorado Communities for Climate Action is a coalition of 40 local governments across the state advocating for stronger state and federal climate policy. This is especially helpful as most Towns are already busy with Members receive information on State and federal funding information and technical support. The comradery between all members from across Colorado is greatly supportive. Walking Mountains Actively Green: $250 / year EnergySmart: $40,000 / year Community Partnership Contribution $35,000 / year Walking Mountains, located in Avon, is the premier non-profit in Eagle County for sustainability. Apart from hosting the CAC, Avon participates in other WM programs such as Actively Green to work on municipal building’s sustainability standards, as well as EnergySmart, an energy-auditing and rebate program for homeowners to improve their energy efficiencies at home. Beyond these programs, WM provides a wealth of knowledge and support for all sustainability and climate action questions. Page 2 of 2 Local Governments for Sustainability (ICLEI) $1,200 / year ICLEI supports local governments both in the US and worldwide through projects like: GHG inventories, Climate Action Plans, Climate Risk and Vulnerability Assessment, Future Climate Conditions Reports, UN Sustainable Development Goals Alignment, Customized Regional Workshops on climate actions, and communication services like copywriting and social media for sustainability projects. TOA is participating in a DIY-style GHG inventory cohort with 18 other cities and towns to create an in-house GHG inventory. Throughout this cohort process, ICEL hosts workshops, support sessions and unlimited email support to facilitate members with individual and unique needs. Recycle Colorado $350 / year Recycle Colorado is the premier non-profit in the State of Colorado that focuses on waste management. For Avon’s purpose in 2023, Recycle Colorado will provide excellent support and resources for the entire process of implementing our new Recycling Ordinance, including composting. RECOMMENDATION: I recommend that Town of Avon continues current partnerships and engages in the new proposed partnership in 2023. Town of Avon’s strong regional leadership can help improve the efficacy of the Climate Action Collaborative so that it can truly thrive in its purpose. Thank you, Charlotte 970.748.4446 mlabagh@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Michael Labagh, Recreation Director RE: Colorado Lottery Starburst Award DATE: November 2, 2022 SUMMARY: The Town of Avon received a Colorado Lottery Starburst Award for the use of Great Outdoors Colorado (GOCO) funds completing the playground project in Harry A. Nottingham Park, “Destination Jump, Splash, Learn.” Recreation Department staff accepted this award on behalf of the Town at the Colorado Parks and Recreation Association (CPRA) Annual Conference and Awards Banquet on October 6, 2022. BACKGROUND: In 2017, the Town constructed the playground area in Harry A. Nottingham Park using matching funds through GOCO. In 2020, the Town applied for and was selected as a Colorado Lottery Starburst Award recipient. Since the annual CPRA conferences have been virtual until this year, award recipients from 2020 and 2021 were recognized at the 2022 in-person conference. Agencies who complete a project using Colorado Lottery Funds within the previous five years are eligible to apply for a Starburst Award. Per the Colorado Lottery website, “Starburst Awards recognize excellence in use of Lottery funds for community and conservation projects. Winners are chosen based on the creativity of the project, economic and social impact on the community, and whether the project achieved its goal.” More information about the Colorado Lottery Starburst Awards can be found here: https://www.coloradolottery.com/en/about/starburst-award/. Recreation Department Staff accepting the Colorado Lottery Starburst Award at the 2022 CPRA Annual Conference. Join me in celebrating the Town’s success and recognition of this impactful project! Thank you, Michael CASE COMMITTEE MEETING MINUTES THURSDAY, OCTOBER 20TH, 2022 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIRTUALLY ON ZOOM CASE COMMITTEE MEETING MINUTES, 20 OCTOBER 2022 PAGE 1 | 4 1. ROLL CALL Present: Committee Member Justin Chesney (virtually), Ruth Stanley, Thomas Walsh, Doug Jimenez, Pedro Campos (virtually) and Kim Hannold. Town Council: Mayor Pro Tem Amy Phillips Staff: Town Manager Eric Heil, Culture, Arts and Special Events Manager Danita Dempsey and Special Events Coordinator Chelsea Van Winkle Absent: Committee Members Committee Chair Lisa Mattis and Town Council Member Lindsay Hardy The meeting was called to order at 12:31 p.m. 2. PUBLIC COMMENT No public comments were made. 3. MINUTES Committee Member Stanley motioned to approve the minutes from September 15, 2022. Committee Member Jimenez seconded the motion and it passed unanimously. 4. STAFF UPDATE CASE Manager Dempsey explained that we will be reviewing fireworks for Salute to the USA and the options for recommendations to council. CASE Manager Dempsey then presented the committee packet which outlined Salute to the USA options, scenarios, and materials. Included in the committee packet (available at Avon.org). Town Manager Heil commented about his love for the fireworks but explains the challenges with weather. He stated, if we do have fireworks, it will put pressure on the date of when to decide to have them or not. He expressed that if we decide to move forward with fireworks, he would like to pair them with a winter event, so we are not wasting the cost of fireworks. He also explains that in the mountain towns, no one is doing fireworks so if The Town of Avon decides to do fireworks, we are probably going to see bigger crowds than ever. From 2022, we had great music and a great crowd, it felt very successful, community oriented and comfortable to manage without fireworks so that is something to consider as well. The Committee commented/inquired: A. The community loves to see the fireworks at the event, but we need to look at the future and look for an alternative to existing fireworks. B. In support of the fireworks, as we can use the fireworks in the winter. Don’t like the idea of shortening the program or a smaller show. C. Sadly, one day we will have to be realistic and know we will eventually not be able to do fireworks. Lean more towards an alternative to fireworks. D. Should plan to do them and uphold the tradition. Likes the flexibility of doing the fireworks show when the climate allows, it is appropriate, and we are in the financial place to do so. E. We should plan and hope to do fireworks but have the flexibility to move the fireworks to winter. CASE COMMITTEE MEETING MINUTES THURSDAY, OCTOBER 20TH, 2022 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIRTUALLY ON ZOOM CASE COMMITTEE MEETING MINUTES, 20 OCTOBER 2022 PAGE 2 | 4 F. Only way it makes sense is to have the option and stipulation to use them in them in the winter to not waste the money. People don’t remember the fires and issues that cause us to cancel. Believes there is still a 10-year transition that we need to try before knowing if it is a trend to cancel and the climate does not allow anymore. G. Stage needs to look like Heart & Soul (video walls, lighting), so the stage is more exciting in addition to fireworks. H. Do we have a survey the represented what the public wants? I. Has there been vandalism, injury, or other issues with the bigger crowds? J. Any drawback to having low profile in the winter? CASE Manager Dempsey stated the survey has been included in the packet and many people said they would like fireworks back. Only issue she is aware of was in 2016 when one of the fireworks tubes failed and a firework hit the crowd. CASE Manager Dempsey requested confirmation on census on having fireworks at Salute. Five members say always do fireworks, one member said no to fireworks to be good stewards but changed his mind at the end of the presentation and decided yes to fireworks unanimously. Logistics CASE Manager Dempsey showed the 2021 Salute to the USA map and explained the details of the fireworks and fall out zone. She then went into the attachments for different options for chain link fencing and security. Included in the committee packet (available at Avon.org). The Committee commented/inquired: A. Will the pickleball courts be open with the lower-level show? B. Confirmed that the fencing on the upper field has no change based on fireworks. C. Is there a reason we need chain link vs. barricade bike fencing? D. The messaging with the lower show is easier access to the event. E. Low profile show you will not be able to view from Beaver Creek potentially. F. Why would we consider going low profile? G. Is ice skating going to be open on Nottingham Lake? CASE Manager Dempsey stated that the fencing plan has not been vetted by the Fire Chief or Marshal and they will determine the closure. The upper field does not change based on fireworks. We need chain link due to the volume of people, safety, and liquor license perimeter; bike barricade is not enough to adequately control the crowds. Correct in assuming that the low-level show in winter will not have the same effect and you will not be able to view it everywhere. Town Manager Heil commented about ice skating and stated it is hard to determine if we will have the weather for ice skating based on climate. Options for Firework Program CASE Manager Dempsey asked the question to the committee 1) do we plan for a traditional show in 2023 2) if we cannot launch those fireworks, do we always plan for a winter show the year after? The Committee commented/inquired: CASE COMMITTEE MEETING MINUTES THURSDAY, OCTOBER 20TH, 2022 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIRTUALLY ON ZOOM CASE COMMITTEE MEETING MINUTES, 20 OCTOBER 2022 PAGE 3 | 4 A. In support of a traditional or low-level show and plan to do the winter fireworks no matter what. B. Yes, to traditional and pushing them to winter if they are not used for winter. C. Traditional is the way to go as the technology is not there and have a winter show if not. D. For the traditional show, the savings is not there for the low level, go big or go home. E. Traditional show and do a winter show. F. If we do winter fireworks, we need to beef up the budget and do a full-blown event not just fireworks. Winter needs to be high profile but must be more than just shooting off the fireworks. G. Develop the winter event into something uniquely Avon over the years. Town Manager Heil said he would like to always see a winter show. He said if we do a winter event to add music, sculptures, etc. Although we would like to see a larger winter event, there are dollar realities that are attached to all of this, and Council leans towards being fiscally responsible. Town Manager Heil’s recommendation to council is dropping Heart & Soul Music Festival and Summer’s End Monday Labor Day show. He supports keeping AvonLIVE! talent increase and would like to continue to own Wednesday nights. He would like to invest in making the events we are already do and continue to make them bigger and higher quality. CASE Manager Dempsey explained what happened in 2012 and 2019 after canceling fireworks the prior summers. The Fire and Ice event in 2013, had roughly 1,000 people. She also stated she does not have an opinion about fireworks but knows there is a lot more logistics and staff time to put on a large show. She then said as a reminder, that drought is not going to go away in the future looking ahead. The CASE committee consensus is yes to traditional fireworks at Salute to the USA with winter fireworks as a backup. Financial Considerations CASE Manager Dempsey pulled up the 2023 proposed budget scenarios and reviewed the 2022 budget and explained the areas of savings. Included in the committee packet (available at Avon.org). First cost scenario for 2023 is approximately $88,900 for winter fireworks, we are required to pay the 30% deposit of $13,500 from the 2022 fireworks. Currently, to do fireworks at Salute to the USA with the same full formant festival it is $293,000. She explained with the lower-level show, the major cost savings is chain link fencing and cost of fireworks. Town Manager Eric Heil said the low-level show cost savings is not the focus, the focus is the low-level show may be able to still happen with environmental drawbacks. The Committee commented/inquired: A. Asked for clarification on the winter fireworks number, does not have any of the additional festival events, this is just fireworks? B. What is the talent budget for 2023? C. Why would we want to do a shorter show? D. Have you had conversations with Chief Bauer about if we would get a yes vs. no on the regular or low-level show? E. If we are going to have them, we should just do a full-blown show. F. We need to think about the public message doing a low profile in fire danger. CASE COMMITTEE MEETING MINUTES THURSDAY, OCTOBER 20TH, 2022 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIRTUALLY ON ZOOM CASE COMMITTEE MEETING MINUTES, 20 OCTOBER 2022 PAGE 4 | 4 G. Why did we cancel so early in 2022? H. In winter are people going to enjoy the low profile since you cannot see it from balconies and over the entire town. I. Should we cut the cord on fireworks, so we don’t take the risk and do a drone show or laser show. Are we ready for that? J. Do not do fireworks this year, throw away the $13,500.00 and plan a bigger event in 2024. CASE Manager Dempsey confirmed that there would not be additional festival features if we were to pull off a winter firework show at $88,900, it would just be fireworks. Our current talent budget for 2023 Salute is $45,000 for the headliner and $15,000 for the open opener. She confirmed that the reason for a shorter show would be a cost savings and higher chance of being able to put on the show. Town Manager Heil responded that he has talked to Chief Bauer and that he only gives recommendations but does not make the decision. In addition, the fire department doesn’t say yes or no, they give recommendations. Due to high winds and drought, Carl’s recommendations were to not do fireworks in 2022. 2021 CASE / Council Work Session CASE Manager Dempsey explained that the Council and CASE work session is virtual, and we only have an hour, so we need to be strategic with our time. The Committee commented/inquired: A. For the format of the meeting, first start with discussions about using this year’s fireworks money. Then look at what we are doing this winter 2024. Think the 2024 budget is important in this case. B. The committee wants the winter event to be a mainstay year over year. Needs to become a signature winter event. Town Manager Eric Heil stated there are really only two options: 1. No fireworks and we don’t do anything in the winter 2. Keep the traditional show with backfall onto winter and a winter event no matter what. Town Manager Eric Heil talked about how a low-level show or drones doesn’t make sense and asked if that captured CASE consensus. The committee stated, yes. 5. ADJOURNMENT The meeting adjourned at 2:00 p.m. Respectfully submitted by: Chelsea Van Winkle Special Events Coordinator