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TC Packet 09-27-2016 TOWN OF AVON MEETINGS FOR TUESDAY, SEPTEMBER 27, 2016 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM REGULAR MEETING BEGINS AT 5:05 PM AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 6:45 PM AVON TOWN HALL, ONE LAKE STREET _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. 1 AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 2) REGULAR MEETING BEGINS AT 5:05 PM AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 6:45 PM (SEE SEPARATE AGENDA PAGE 3) 1. CALL TO ORDER & ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA 4. WORK SESSION 4.1. 2017 & 2018 BUDGET – ALL FUNDS & FIVE YEAR CAPITAL IMPROVEMENT PROGRAM (ASSISTANT TOWN MANAGER SCOTT WRIGHT) 5. MOTION TO CONTINUE THE REGULAR MEETING (FOR URA MEETING) 6. MOTION TO RECONVENE TO THE REGULAR MEETING 7. ROLL CALL 8. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA 9. WORK SESSION ITEMS 9.1. REVIEW OF RECOMMENDATION FOR CHANGES FOR PRIVATE PARKING LOT ENFORCEMENT, INCLUDING BOOTING (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) 10. ACTION ITEMS 10.1. ACTION ON A SALES TAX REBATE AGREEMENT BY AND BETWEEN THE TOWN OF AVON AND RETAIL CONCEPTS, INC., TO OPEN A SUN & SKI SPORTS RETAIL STORE IN THE VACATED SPORTS AUTHORITY SPACE AT 220 CHAPEL SQUARE PLACE (TOWN ATTORNEY ERIC HEIL) 10.2. CONSENT AGENDA 10.2.1. IGA WITH EAGLE COUNTY SCHOOL DISTRICT RE-50J REGARDING SHARED USAGE OF BUS STOPS LOCATED AT 907, 998 AND 1061 WEST BEAVER CREEK BOULEVARD (TOWN ATTORNEY ERIC HEIL) 10.2.2. APPROVAL OF THE SEPTEMBER 21, 2016 MINUTES (TOWN CLERK DEBBIE HOPPE) 11. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 12. MAYOR & COUNCIL COMMENTS 13. TOWN MANAGER UPDATE 14. ADJOURNMENT TOWN OF AVON MEETINGS FOR TUESDAY, SEPTEMBER 21, 2016 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN HALL, ONE LAKE STREET _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. 2 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. RENEWAL OF LIQUOR LICENSES 4.1. APPLICANT: VAIL VALLEY MEXICAN FOODS, LLC D/B/A AGAVE LOCATION: 1060 W. BEAVER CREEK BLVD TYPE: HOTEL AND RESTAURANT MANAGER: RICHARD WHEELOCK 4.2. APPLICANT: NORTHSIDE COFFEE & KITCHEN, LLC D/B/A NORTHSIDE COFFEE & KITCHEN LOCATION: 20 NOTTINGHAM ROAD UNIT # A & C TYPE: HOTEL AND RESTAURANT MANAGER: JIM PAVELICH 4.3. APPLICANT: PAZZO’S WEST, INC. D/B/A PAZZO’S PIZZERIA LOCATION: 82 E. BEAVER CREEK BLVD. TYPE: HOTEL AND RESTAURANT MANAGER: MARK COLWELL 5. ADJOURNMENT TOWN OF AVON MEETINGS FOR TUESDAY, SEPTEMBER 27, 2016 AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 6:45 PM AVON TOWN HALL, ONE LAKE STREET _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. 3 1. CALL TO ORDER & ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA 4. WORK SESSION 4.1. 2017 & 2018 URA BUDGET PRESENTATION (ASSISTANT TOWN MANAGER SCOTT WRIGHT) 5. ACTION ITEM 5.1. APPROVAL OF MINUTES FROM JANUARY 26, 2016 (AUTHORITY CLERK DEBBIE HOPPE) 6. ADJOURNMENT 2017-18 Budget Work Session ALL TOWN FUNDS Page 1 of 8 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Scott Wright, Finance Director Kelly Huitt, Budget Analyst Virginia C. Egger, Town Manager Date: September 27, 2016 Re: 2017 Budget Work Session – All Funds A PowerPoint presentation will be provided during the budget work session. PURPOSE OF THE BUDGET WORK SESSION The 2017 Town of Avon proposed budget has been prepared in accordance with the Town Charter and all applicable Town ordinances. In addition to the 2017 budget, Town staff has prepared projections for a Five Year Capital Improvements Plan for investment planning in the Capital Projects Fund. Staff has also developed 2018 budget forecasts for all remaining funds to provide for future planning and to measure the sustainability of 2017 budget decisions. At the August 23, 2016 budget work session, Council provided direction based on staff’s recommendations for revenue projections and fee increases. This Tuesday’s work session will be a review of all of the proposed budgets for the Town, including the General, Town Center West, Urban Renewal, Community Enhancement, Water, Affordable Housing, Capital Projects, Debt Service, Fleet, Transit, and Equipment Replacement Funds. In addition, the Capital Projects long-range plan will be presented. We will begin with a financial overview of the entire budget, with a PowerPoint presentation of the major initiatives funded in the budgets and significant variances from 2016. Council is asked at Tuesday’s meeting to provide direction for final preparation of the 2017 Budget, which is scheduled for Public Hearing and adoption on October 25, 2016. If additional work session time is needed, time has been reserved on Council’s October 11th agenda. SUMMARY OF PREVIOUS BUDGET WORK SESSIONS August 23 - Revenue Projections  Sales Tax Revenues: For 2017 and 2018 a projected 4% rate of growth on the sales tax base taking into consideration the loss of Sports Authority. The Sun & Ski Sports lease was completed on September 22nd for location in the vacated Sports Authority space. With action before Council to approve the sales tax rebate for the owner Retail Concepts, 2017-18 Budget Work Session ALL TOWN FUNDS Page 2 of 8 the budget does not reflect any potential new revenues from this development, which are estimated, if the rebate is approved, at a net of $140,000 in 2017.  Accommodation Taxes: For 2017 and 2018 a projected rate of growth of 6%.  Building Fees: No change at this time. However, potential new development projects may result in adjusting projected building fees at some point in either 2017 or 2018.  Avon Recreation Center Admission Fees: Town Council agreed to support an increase in resident monthly pass rates.  Fleet Maintenance Shop Rates: No change for shop labor rates for 2017 or 2018. However, the parts markup charge originally scheduled to increase in 2016 from 15% to 20% will now take effect on January 1, 2017.  Real Estate Transfer Taxes: Increased estimated RETT revenues by $100,000 to reflect general volume and market value increases. August 23 - Employee Compensation  Personnel Costs. For 2017 adjust personnel costs for the Salary/Step program. The average increase for both market adjustments and step increases combined is 3.6, or an increase of $207,073 over 2016 levels. For 2018, a placeholder of 2% has been incorporated into the budget.  Health Insurance. For 2017, due to an extremely good year so far in 2016 regarding the Town’s overall insurance claim levels and few catastrophic claims, health insurance premiums are projected to remain flat with no increase in premiums to either the Town or its employees. For 2017 an overall increase of 6% has been projected based on broad market forecasts for increases in medical costs and utilization.  Fund Balances and Reserves  General Fund – 3% Tabor Emergency Reserve; 25% Minimum Reserve Balance  Capital Projects Fund – $1,000,000 Minimum Reserve Balance August 23 – Community Grants  Town Council allocated a total of $205,000 for community funding that the Ad Hoc Review Committee’s funding recommendations shall not exceed. The Ad Hoc Review Committee’s recommendation is $170,560. SUMMARY OF MAJOR SERVICES, IMPROVEMENTS & PROJECTS 2017-2018 BUDGET SUMMARY OF FUND ACTIVITY The following information provides Revenue and Expenditure changes by Fund as well as major activities. The 2017 Proposed Budget provides department narratives, staffing levels, 2016 major accomplishments, performance metrics and line item detail. 2017-18 Budget Work Session ALL TOWN FUNDS Page 3 of 8 GENERAL FUND General Fund Budget: 2016 2017 2018 Total General Fund Revenues: $ 15,387,513 $ 15,638,578 $ 16,527,448 Total General Fund Expenditures: 16,416,562 15,460,542 16,464,993 Total Change $ (1,029,049) $ 178,036 $ 62,455 For 2016, General Fund transfers-out to the Capital Projects Fund are budgeted at $1,620,000. The majority of these transfers - $1,550,000 - represent estimated undesignated 2016 General Fund reserves over and above the Town’s 3% TABOR Emergency Reserve and the 25% minimum reserve balance, and any other assigned or committed fund balances. The remaining $120,000 in transfers-out to the Capital Projects Fund are required pursuant to the Town’s agreement with Traer Creek for the purpose of future asphalt overlays in the Village at Avon. Detailed Expenditures by Department General Government 2017 Proposed Budget $ 1,189,036 2018 Proposed Budget $ 1,191,864 2016 Revised Budget 1,060,876 2017 Proposed Budget 1,189,036 Total Change $ 128,160 Total Change $ 2,828 - For 2017 a Town clean-up day has been budgeted at $2,000. - Funding of $5,000 has been provided for the Town Council for consulting and training. In addition, $5,600 has been included for professional development for CAST meetings, the CML Conference, and the Creative Industries Summit. - In the Town Clerk budget $5,000 for records scanning has been included to help support the Town’s effort in going paperless. - In Community Relations, advertising in the amount of $22,000 has been proposed to consolidate the Vail Daily bi-weekly ad, Salute to the USA print advertising, and free event advertising. In addition, $25,000 has been included for a community survey. Human Resources Department 2017 Proposed Budget $ 431,677 2018 Proposed Budget $ 453,533 2016 Revised Budget 422,736 2017 Proposed Budget 431,677 Total Change $ 8,941 Total Change $ 21,856 - Late in 2015, the new position of Human Resources Director was added to the Town staff, and the human resources program was made an independent department separate from Finance and Administration. - $6,000 for town-wide leadership training has been included for 2017. Finance and IT Department 2017 Proposed Budget $ 1,733,430 2018 Proposed Budget $ 1,892,053 2016 Revised Budget 1,632,233 2017 Proposed Budget $ 1,733,430 Total Change $ 101,197 Total Change $ 158,623 2017-18 Budget Work Session ALL TOWN FUNDS Page 4 of 8 - Included $3,000 for workflow software that will reduce and possibly eliminate paper processing of purchase requisitions and purchase orders, and ultimately paper invoices. - Included $12,000 for optimization consulting which will review the Town’s purchasing and personnel hire-to-retire processes, along with meeting organizational goals and challenges to ensure that our business processes are efficient and effectively utilizing our software systems. - Moved all TOA janitorial cleaning services to the nondepartmental budget where they can be more effectively managed in one place. Total line item budget is $106,708. - Community Development Department 2017 Proposed Budget $ 935,279 2018 Proposed Budget $ 971,096 2016 Revised Budget 1,380,476 2017 Proposed Budget 935,279 Total Change $ (445,197) Total Change $ 35,817 - Continued IGA with Eagle County for GIS services. - Town Core Walkability Plan for $10,000 budgeted for 2017. - Valley Home Store services budgeted for $16,100. - Optimization consulting of $7,120 for reviewing building permitting and land use processes included. - Community grants accounted for in this department ($170,560, See Exhibit A). - Small Event Seed Funding - $50,000. Assignment of fund balance reserves of $390,000 for both 2017 and 2018 special events. - Continued seasonal employee for event production. Police Department 2017 Proposed Budget $ 3,361,215 2018 Proposed Budget $ 3,526,899 2016 Revised Budget 3,191,555 2017 Proposed Budget 3,361,215 Total Change $ 169,660 Total Change $ 165,684 - The department is fully staffed for 2017. Part-time wages for a seasonal community response office for 480 hours continues in the 2017 budget. In addition, the department has launched new resort community policing initiatives, including bike patrols, additional foot patrol hours, new relaxed uniforms, continued use of social media, and continued participation in the resort policing ski patrol program. Finally, $25,000 in overtime has been included for participation by the department in the County-wide drug task force GRANITE (see APPENDIX 1 – Police Cover Memo for more detail). - For 2017, software costs of $25,000 have been included for an upgrade to the County records management system in which the Town participates. An additional cost of $59,000 is project for 2018. These amounts represent the Town’s 15.12% share of the overall cost of the upgrade estimated at $550,000. - Additional ongoing fees are included in the 2017 budget including cloud-based storage fees for body cameras, and digital ticketing support fees. - On-going purchases of mobile 800 MHz radios ($20,000) and radars ($7,500) are included in capital outlay, as well as a new Livescan fingerprint system for the new public safety facility for $10,000. 2017-18 Budget Work Session ALL TOWN FUNDS Page 5 of 8 Public Works - (Roads and Streets and Parks divisions) 2017 Proposed Budget $ 3,050,093 2018 Proposed Budget $ 3,031,992 2016 Revised Budget 2,604,271 2017 Proposed Budget 3,050,093 Total Change $ 445,822 Total Change $ (18,101) - The Public Works Department is collaborating with both the Police Department and Community Development to ensure a safe, fund and memorable experience at the West Avon Preserve. This collaboration for Public Works includes funding for trail maintenance, weed mitigation, installing and maintaining signage, and performing monthly inspections (see APPENDIX 2 – West Avon Preserve memo for more detail). - Effective January 1, 2017 the Town Center West fund budget has been merged into the Parks budget. - A full-time Operator I position has been added and all part-time wages eliminated for 2017. - Crosswalk and brick repair totaling $45,000 is included for 2017. - Shared cost of asphalt sealing of the Avon Elementary school parking lot is included for $7,400. - Planned in 2017 is an expansion of the Nottingham Park beach and replacement of the current beach volleyball sand estimated at a cost of $20,000. In addition, a 10’ umbrella shelter is planned near the beach at a cost of $19,500. Engineering – (Town Engineer and Buildings and Facilities divisions) 2017 Proposed Budget $ 1,373,440 2018 Proposed Budget $ 1,332,366 2016 Revised Budget 1,390,111 2017 Proposed Budget 1,373,440 Total Change $ (16,671) Total Change $ (41,074) - Includes all janitorial services, utilities and repairs and maintenance for Town buildings except for the Avon Regional Transportation Facility and the Fleet Maintenance Facility. Those facilities reside in enterprise funds are are budgeted in their respective fund. In addition, consideration of an additional $30,975 for incremental new utilities for the new public safety facility for 5 months, and the new Town Hall for 12 months, has been included in the 2017 budget. - A new van for the Town electrician is included in the 2017 budget ($60,000). Recreation Department 2017 Proposed Budget $ 1,434,372 2018 Proposed Budget $ 1,475,190 2016 Revised Budget 1,284,437 2017 Proposed Budget 1,434,372 Total Change $ 149,935 Total Change $ 40,818 - As mentioned above, Town Council agreed to an increase in the resident admission rates beginning in 2017. This small increase recognizes the number of new improvements to the Recreation Center including: increased free weight room space, a bouldering wall, expanded pickleball courts, and the remodeled front entry and new front desk. - Recently, the Recreation Department implemented the Avon Community Swim Program after a thorough review of the previous program which was managed by an external not-for- 2017-18 Budget Work Session ALL TOWN FUNDS Page 6 of 8 profit agency. The findings, along with other input from the community determined that there was a need in the Avon community for a top tier community swim program. A budget was developed to add one full-time, supervisor level staff member to manage the program under the guidance of the Recreation Director. In addition, 3 to 5 part-time swim instructors will also be hired to ensure adequate resources for the success of the program. Total program expense for 2017 is $83,865 and is expected to recover direct fees of $42,180 (See APPENDIX 3 – Avon Community Swim Program for more detail). FLEET MAINTENANCE ENTERPRISE FUND Fleet operations for the maintenance of Town rolling stock and equipment, as well as third party contracts for fleet services are budgeted within the Fleet Maintenance Enterprise Fund 2017 Proposed Budget $ 1,652,546 2018 Proposed Budget $ 1,690,087 2016 Revised Budget 1,573,779 2017 Proposed Budget 1,652,546 Total Change $ 78,767 Total Change $ 37,541 - Historically, a subsidy from the General Fund has been made to Fleet maintenance to cover the capital cost of the Fleet Maintenance facility. The principal and interest on the debt for 2017 is $253,906. A $400,000 General Fund transfer is provided in both 2017 and 2018 to balance the budget. - Several staffing changes in 2017 resulting in a restructured department. In addition to hiring a new Fleet Director, a dedicated parts manager position was created that will allow mechanics to have more time dedicated to billable shop labor hours and streamline parts purchasing. - As mentioned above shop rates for both 2017 and 2018 will remain at their current 2016 levels. TRANSIT ENTERPRISE FUND Transit operations, management of the Avon Regional Transportation Facility and wash bay revenues and expenditures are budgeted within the Transit Enterprise Fund. 2017 Proposed Budget $ 1,948,359 2018 Proposed Budget $ 1,513,583 2016 Revised Budget 1,625,966 2017 Proposed Budget 1,941,469 Total Change $ 322,393 Total Change $ (427,886) - The total General Fund subsidy to support the Transit Fund in 2017 is $1,182,000. This compares favorably to the original 2016 budget of $1,282,000 and is an increase of $47,006 from the final revised 2016 budget. - Service hours for 2017 have been reduced to reflect low periods of ridership during the summer months. Winter service will remain the same as 2016 (See APPENDIX 4 – Transit Budget). - A $50,000 contingency line item for 2017 has been included for a transit pilot program to explore alternative methods of transportation that will assist in increasing bus ridership. - The capital outlay of $410,000 and associated 80% grant revenues for a new bus that were originally budgeted for in 2016 have been transferred to the 2017 budget. 2017-18 Budget Work Session ALL TOWN FUNDS Page 7 of 8 TOWN CENTER WEST MAINTENANCE FUND The Town Center West Maintenance Fund (TCW) receives revenue from the both the General Fund and the Avon Urban Renewal Fund for the summer and winter maintenance of the “pedestrian mall”. In 2016, revenue transferred to TCW is reduced to $50,000 from the Urban Renewal Fund, and $124,598 from the General Fund. For 2017 and later years, this fund is being absorbed into the Town’s Parks budget. 2017 Proposed Budget $ - 2018 Proposed Budget $ - 2016 Revised Budget 145,873 2017 Proposed Budget - Total Change $ (145,873) Total Change $ - COMMUNITY ENHANCEMENT FUND Monies accrue from Holy Cross Electric and then are dispersed on a project basis, with Holy Cross approval. - For 2016 $100,000 has been transferred to the Capital Projects Fund for undergrounding utility lines associated with the Eagle Valley Regional Trail segment. - For 2017, $158,000 is proposed to be transferred to the Capital Projects Fund to help fund the construction of the new Nottingham Park Playground. WATER FUND 2017 Proposed Budget $ 199,177 2018 Proposed Budget $ 96,753 2016 Revised Budget 1,133,286 2017 Proposed Budget 199,177 Total Change $ (934,109) Total Change $ (102,424) - In 2016, contributions for the Mountain Star water tank were made in the amount of $855,707. - In 2017, financial support for the Watershed Council ($4,000), water quality monitoring ($13,500), Eagle River cleanup ($1,000), water quality action plan ($8,000), and Mountain Star tap fee rebates ($10,000) have been budgeted. - Post Blvd. irrigation work for $45,000 has been included. - Transfers-out to the Capital Projects Fund of $41,200 representing the public safety tap fees from the Eagle River Fire Protection District. AFFORDABLE HOUSING FUND - $25,000 for project development has been included. DEBT SERVICE FUND 2017 Proposed Budget $ 1,027,469 2018 Proposed Budget $ 1,021,854 2016 Revised Budget 1,126,089 2017 Proposed Budget 1,027,469 Total Change $ (98,620) Total Change $ (5,615) - 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. 2017-18 Budget Work Session ALL TOWN FUNDS Page 8 of 8 - 2016 was the final year for levying property taxes used to pay the Town's Series 2004 General Obligation Refunding bonds, which were paid in full on December 1, 2016. - Debt service payments for the recently issued Series 2016 Certificates of Participation used to finance the construction of a new public safety facility begin in 2017. CAPITAL PROJECTS FUND 2017 Proposed Budget $ 8,565,766 2018 Proposed Budget $ 3,079,567 2016 Revised Budget 14,499,010 2017 Proposed Budget 8,565,766 Total Change $ (5,933,244) Total Change $(5,486,199) - Five Year Capital Improvements Plan details planned expenditures for years 2017-2021. - 2016 final revised budget includes bond proceeds and project construction budget for the public safety facility project. - Also included in the revised 2016 budget are bonds proceeds from the Avon Urban Renewal Authority for the Avon Town Hall tenant finish design. With construction planned to occur in 2017. - 2017 projects also include completion of the walkability project in the amount of $2.5 million, and the Nottingham Park Playground project for $798,300. EQUIPMENT REPLACEMENT INTERNAL SERVICE FUND 2017 Proposed Budget $ 387,200 2018 Proposed Budget $ 655,197 2016 Revised Budget 249,339 2017 Proposed Budget 387,200 Total Change $ 137,861 Total Change $ 267,997 - Annual expenditures are determined by equipment replacement schedules for equipment placed into the Fund at time of purchase; annual variations occur due to varying estimated useful lives. - In 2015, a loan in the amount of $717,989 was made to the Eagle River Fire Protection District. This loan was paid back in full in 2016 when the District obtained permanent financing for the new regional fire station at Buck Creek. - Significant replacements budgeted for 2017 include a snow plow for $185,000, and a new phone system in the new Town facilities for $85,000. ATTACHMENTS: APPENDIX 1 - Police Cover Memo APPENDIX 2 – West Avon Preserve Memo APPENDIX 3 – Avon Community Swim Program Memo APPENDIX 4 – Transit Budget EXHBIT A – Community Grant Program Requests and Recommendations To: Virginia Egger, Town Manager Scott Wright, Finance Director From: Greg Daly, Chief of Police Date: September 16, 2016 Topic: Resort Community Policing for 2017, Avon Road Safety, GRANITE RESORT COMMUNITY POLICING Resort community policing is perhaps best reflected through a core tenet of policing in a manner which increases communication with residents and visitors, outside of patrol calls, in order to build trust with our community. The objective is to learn about the community’s expectations and to interact with the community as a core member – not as outsiders – with transparency and accountability. Resort community policing is not new to the Avon Police Department. The department has a history of actively seeking opportunities to better connect with our community, for example through Citizen and Latino Academies, National Night Out, Cops, Kids and Hoops to name a few. These are traditions which have gained notoriety and success for the Avon Police Department. Since May 2016, the Police Department has launched new resort community policing actions. Some of the initiatives are immediate, while others are important changes which are being implemented in phases. To meet the Town Council’s 2017 Strategic Plan, we aspire to:  Complete the 9th Annual Citizen’s Police Academy, 5th Latino Police Academy, National Night Out, Cops, Kids and Hoops  For parking, dog waste and leash infractions, traffic stops for minor speeding, seat belts, etc., warnings may be granted whenever possible, dependent on previous police contacts and whether previous warnings or citations were issued.  Radar speed checks will be reduced in favor of driving, walking and biking patrols. This will not diminish our commitment to traffic safety and reducing traffic accidents in Avon through data driven directed traffic calming and enforcement.  In 2016, to date, bike patrol tallied 47.62 hours. In 2017, the bike patrol goal will be based on a bike season from late May through mid-October. We will set a goal of at least 1.5 hours of bike patrol per officer dependent on calls for service (on an average of 2 patrol officers per day shift). Based on 22 weeks of bike season, that will convert to approximately 460 hours of bike patrol, a 1000% increase from 2016 level. APPENDIX 1  343 hours of documented foot patrol have been logged in 2016. We will set a goal of not less than 600 hours in 2017.  Organize “Coffee with a Cop” events throughout Avon to further connect Avon police officers with our community on a monthly basis.  Evaluate and implement a softened uniform to enhance our community policing interactions while maintaining our professional look. This includes, but is not limited to, our recent purchase of bike polo shirts and khaki shorts.  Visit three resort communities in Colorado to observe and study resort policing activities, exchange ideas and evaluate what can be implemented in Avon.  Use social media to further foster trust with our community through transparency and to fully engage and educate our community and guests. A recent Facebook post regarding a humanitarian gesture by two Avon police officers garnered more than 10,300 views.  Continue CALEA national accreditation, ensuring nationally recognized policies and procedures reflecting community values  Train all sworn officers in Crisis Intervention and de-escalation to better communicate and address mental health issues in our community.  Increase the department’s capabilities in the Spanish language and cultural competency through internal and external trainings. This will provide greater opportunity to communicate and build further trust with our Latino community.  Increase resident’s use of the EC Alert system, so they can receive text alerts and emails for significant emergency events in town.  As time allows, continue the joint partnership of the Avon Police Department, the Eagle County Sheriff’s Office and the Beaver Creek Resort Company in the community resort policing ski patrol program. AVON ROAD SAFETY Staff at the Police Department conducted a spot check survey of compliance by vehicular traffic to pedestrian traffic at crosswalks on Avon Road. Intuitively there was significantly less yielding to pedestrians at the unmarked or non-lighted crosswalks. Community Development Director Matt Pielsticker, Engineering Director Justin Hildreth, Community Development Planner David Williams and Chief Greg Daly took a walking tour of Avon Road and collaborated on safety upgrades at the pedestrian crossings. There was concern in installing further cross walk blinking lighting as it may diminish the effect with over exposure of lighting. Therefore, we agreed to increase the fluorescent signage at a number of crossings on Avon Road. Roundabout 5: N side: 4 pedestrian crossing signs W side: 4 pedestrian crossing signs Hurd Lane/ Avon Road: 1 floppy “state law” sign 1 pedestrian crossing sign Roundabout 4: S Side: 4 pedestrian crossing signs Roundabout 3: S side: 4 pedestrian crossing signs Roundabout 2: N side: 4 pedestrian crossing signs GORE RANGE NARCOTIC INTERDICTION TEAM For the past two years, the Avon Police Department detectives and patrol officers have worked closely with the Gore Range Narcotic Interdiction Team (G.R.A.N.I.T.E.). The multi-agency team has three Vail Police Department detectives and one detective from the Eagle County Sheriff’s Office. The unit mission is to investigate and interdict drug trafficking in Eagle County, including Avon. The team, with the assistance of Avon officers, has opened 13 cases related to felony narcotic distribution emanating from the Avon area. There have been 15 arrests for felony level drug distribution in Avon since Jan 1st. The drugs seized in 2016 include 7.4 grams of cocaine with a street value of $750, 199; one gram of methamphetamine with a street value of $15,928, 100 doses of LSD with a street value of $1,500 and 1.7 grams of MDMA with a street value $100. The Town has been requested by GRANITE to fund one new full-time officer to join the team. Instead, in 2017 & 2018, the Avon Town Manager Virginia Egger has recommended approval of up to $25,000 for overtime to increase our assistance in eradicating drug dealing in Avon. If this work cannot be done during regular shift hours, the proposed overtime will allow Avon officers and detectives to take a more active role in addressing drug distribution incidents. The funding represents an average of nine hours per week for the Avon Police Department. This greater collaboration with GRANITE detectives will also enhance our officer’s knowledge, skills and experience in detecting, interdicting, apprehending and prosecuting drug dealers in our community. The objective is clear: to not allow drug dealing in Avon. To: Virginia Egger, Town Manager Scott Wright, Finance Director From: Gary Padilla, Public Works Director Meeting Date: September 27, 2016 Topic: West Avon Preserve: Maintenance, Improvements & Enforcement Since the West Avon Preserve (WAP) trails have been open to the public for use, the Public Works Department has set a goal to making the trails safe, fun and a memorable experience for everyone that uses them. Public Works, Community Development and the Police Department have collaborated with the following to ensure that the goal is met. Trail Maintenance & Winter Closures • Trail Maintenance • Annual inspection each April of all trails to see if there was any damage from the winter and spring runoff (drainage and erosion concerns). • General maintenance is in-house • Major rebuild or upgrade – contractor. The trails were constructed in a sustainable manner and, to date, have little maintenance needed  2016: $4,100 spent  2017: $5,500 budgeted • Monthly inspections, when trails are open, are conducted, with photos and documentation completed as part of the process. • The barb wire fence on the west side of the West Avon Preserve is being removed in 2016 • Winter Closures • The Public Works Department closes all trails, except Our Backyard and PB&J, to all users, December 15th through April 15th, with a portable split rail system to protect wildlife winter habitat Signage, ARTAG & Use Improvements: • Signage • Community Development ensures that placement of signs are done in accordance with the Management Plan, with the help of Public Works and ARTAG for installation. • Those signs include; regulatory, educational and directional signs mainly at the trailhead locations, with limited signs at trail intersections. • The Town develops, installs and maintains an effective trail signage system that is aesthetic, inconspicuous to the natural landscape and consistent with size limitations (less than twelve square feet). • Additionally interpretive signage, permitted by the Management Plan, is being designed for installation this fall to provide educational opportunities for the rare Penstemon flower and other flora on the property. • All signage improvements were fully budgeted in 2016 APPENDIX 2 • ARTAG • Community Development also provides staffing to the Avon Recreational Trails Advisory Committee (ARTAG). The group was instrumental in planning the wayfinding and interpretive signage, as well as serving as a referral body for special events. ARTAG meets on an “as needed” basis. Enforcement: In 2016, the Avon Police Department has taken a community policing approach to our community and guest users at the Avon West Preserve. A part-time, summer seasonal Community Response Officer (CRO) was funded in 2016, for up to 26 weeks, to be an ambassador and community educator for the Town of Avon. Total cost is $11,640, paid out of other police savings. The CRO and other patrol officers, now, throughout the year, have increased their patrol at all trail heads, and also do periodic walking and biking patrol on the trails. Their primary goal is use education, but officers have dealt issues such as alcohol consumption, smoking and dogs that have not been responsive to voice control commands. The overall community and guest response has been extremely positive and have enjoyed the police engagement. Funding for a part-time CRO is again recommended in the 2017 budget for 12 weeks; at a projected cost of $8,160. The officer also provides outreach at the Town beach, related parking and in the park, with a focus on dog leash laws and waste pick-up. TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: John Curutchet, Director of Recreation Meeting Date: September 27, 2016 Agenda Topic: Avon Community Swim Program Background Staff audits all recreation programs to ensure that the Avon Recreation Department is offering the best quality, most desirable programs at the best market price. The Recreation Department began in February of 2016, a thorough review of our swim program, which was being fully managed by a for-profit swim school. The department, with parents, felt it would be good to research and gather data from several other mountain region swim programs to ensure Avon was benefiting from the best practices in public recreation programs. The research findings were presented through a series of three public meetings. The findings and other input from parents and the community prompted a Request for Proposals for swim program services. The RFP process was completed in August, and reviewed by members of staff and a representative from the Avon business community. The ad hoc committee unanimously determined that the Town of Avon possesses the required resources to establish and build a top tier community swim program. Avon Community Swim Program The Town commenced the Avon Community Swim Program on September 6, 2016. Our full scope swim program includes: • Learn to Swim – A year-round learn to swim program will include Parent and Tot, preschool and levels 1-3. The Town will endeavor that all children will have the opportunity to learn to swim and will provide lessons during the school year in cooperation with the Avon Elementary School. • Swim Team Prep – A year–round program for those who are proficient beyond level three lessons and wish to continue swimming and refining their strokes • Non-USA Swim Team - Year-round, non USA registered swim team for ages 6-18; 3 local meets per year; flexible membership enrollments will be offered • USA Swimming registered competitive swim team - Year-round, USA registered competitive swim team for ages 6- 18 that includes opportunities to travel and compete against other Colorado USA Swimming teams; flexible membership enrollments will be offered • Private and Semi-Private Swim Lessons - Year-round offerings of private and semi-private swim lessons The detailed program structure and year-round schedule, USA Club information and competitive events, and fees, including the financial assistance program and application procedures is available on our website, or in hard copy at the Recreation Center. • The program features much lower rates, an increase in the number of competitive events, opportunities for monthly registrations, and an experienced and motivated coaching staff of professionals, who will employ the best known techniques for reaching the full potential of each swimmer. • Hiring qualified and motivated swim coaches and swim instructors presents opportunities for all ages and ability levels to learn to swim and to advance their swimming abilities and aspirations. • Tracking the success of each swimmer, through detailed recordkeeping of swim meet race times, and records of each participant’s progress in swimming progression, will aid in meeting swimmer growth in the sport. • Partnering with the Eagle County School District, and specifically with the Avon Elementary School, will be the best conduit to ensuring all children learn to swim. APPENDIX 3  Page 2 • Providing financial aid will increase swim program participation for all levels of our socioeconomic demographic. This is an important founding principle in our program. • Fully engaging with parents to ensure we, as staff, are meeting swimmer needs, providing the competitive challenge required and listening to concerns and ideas is a core value of our program. • Supporting the formation of a parent nonprofit booster club to promote the Town and parents work in collaboration to fully meet the needs of our swimmers. Budget Implications A budget was developed to hire one full time, supervisor level staff member to manage the program under the guidance of the Recreation Director. Three to five PTS swim instructors will join our staff to ensure adequate resources for the success of the program. We have experienced increased participation in the two weeks we have been managing the program, and do expect that trend to continue across the board, and most definitely within our Latino demographic. A breakdown of the current 2017 projected budget is as follows and shows an estimated General Fund subsidy of $41,685, in this first year of programming. With full marketing and outreach, it can be expected that the Avon Community Swim Program Once the program will recover all operational costs in 2018. PROGRAM ANNUAL PARTICIPATION SESSION5/FEES REVENUE PROGRAM EXPENSE *(PTS wages) Parent and Me Avg. 4/class =20 5 sessions/ $25 $500 $225 * LTS 1-3 Weekday Avg. 4/class = 108 5 sessions/$45 $4,860 $2,100* LTS 1-3 Saturday Avg. 4/class =60 5 session/ $25 $1,500 $750* Swim Team Prep Avg. 8/sessions = 24 3 sessions/$220 $5,280 $1,680* Non-USA Swim Avg. 12/non-summer 2 sessions/$320 $7,680 $1,680* Non-USA Swim Avg. 20/summer 1 session/$320 $6,400 $1,680* USA Swim Avg. 12/non-summer 2 sessions/$380 $9,120 $1,680* USA Swim Avg. 18 summer 1 Session/$380 $6,840 $1,680* Swim Meet travel expense 15 Meets 0 $5,200 FTE salary and benefits One FTE Program Supervisor 0 $67,190 Totals: $42,180 $83,865 To: Virginia Egger, Town Manager Scott Wright, Finance Director From: Jane Burden, Transit Director Meeting Date: September 21, 2016 Agenda Topic: Transit Services & 2017 Budget Ridership  Increases in overall ridership on both the Red and Blue Lines from the inaugural service start date of November 2014 through 2016 to date  Ridership remains below the industry standard  Peak ridership on both routes occurs from 6-8 a.m. and in the afternoon from 3-5 p.m. The Blue Line experiences a steadier passenger per hour count throughout the day than the Red Line. 2017 Bus Service For the FY 2017 transit budget, it is recommended service hours be reduced to reflect low periods of ridership during summer months. The proposed schedule is as follows: o Summer service on the Red and Blue Lines will consist of peak service from 6:30 a.m. to 8:30 a.m. and from 3:30 p.m. to 6:30 p.m. Mid-day service will be provided by one bus on a 45-60 minute frequency which may include route deviation and on demand service. Savings of $88,000 result from this service hour reduction. o Winter service will remain the same as last year with 15 minute service on the skier shuttle during peak times from 8:00 a.m.-11:30 a.m. and from 2:30 p.m. to 5:30 p.m. with 30 minute service available during mid-day. The Red and Blue lines will remain at a 30 minute frequency throughout the day from 6:30 a.m. to 6:30 p.m. Transit will continue to monitor rider demand in Avon resulting from Beaver Creek paid parking this coming winter season and parking changes instituted here in Avon. Hours have been budgeted to augment regularly scheduled service on the Avon Skier Shuttle routes during peak times should it be needed. Capacity is sufficient on the Blue and Red Lines. BUS ROUTE 2015 2016 AS OF 9/16/16 WINTER SUMMER BLUE 74,316 82,625 43 35 RED 52,747 57,479 33 23 TOTAL 127,063 140,104 DAILY LOOP RIDERSHIP/HOURYEARLY RIDERSHIP INDUSTRY STANDARD = 35 - 40/HOUR APPENDIX 4  Page 2 Beaver Creek Resort Company will partner with us again this year to support funding for the Skier Shuttle and Restaurant Shuttle Service. The Company provides 50% of the funding.  Transit Service Alternatives Staff will conduct a comprehensive overview of transit ridership service alternatives later this year to explore and evaluate methods to increase ridership – especially during low periods. Public/private partnerships with taxi/Uber start-ups, on-demand service, etc., new route deployment, including but not limited to deviated routes and express east-west service, plus technology applications (looking to the future) for autonomous vehicles are opportunities we believe are timely and conceivably can increase service and thereby ridership, as we move forward as a more walkable, bikeable, pedestrian friendly community. The budget includes $50,000 to pilot one or more of these concepts during winter and summer months. Marketing In the next two month, new shelter signage will be installed and our printed bus stop schedule will be completed– both will follow the Town’s marketing design guidelines. Bus decals will be next in keeping transit current with the town’s new branding platform. An expanded and repetitive marketing plan (print, radio and social) will be initiated in mid-November better “market” transit/parking/walkability in Avon, including interface with the Google transit platform to promote seamless transit experiences. This platform will allow users to see all of the transit agencies schedule information and enable them to trip plan easier. Redesign of the website will fully engage transit riders. All elements of these initiatives are funded in the 2017 budget. Entity Granted (CASH) 2014 Granted (CASH) 2015 Granted (CASH) 2016 Granted (IN- KIND) 2016 Requested (CASH) 2017 Committee Recommendation (CASH) 2017 Requested (IN-KIND) 2017 Committee Recommendation (IN-KIND) 2017 Explanation of 2017 Funding Request Committee Comments Vail Valley Partnership $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000 Regional Economic & Community Development Support - $7,500; Group Sales & Destination Marketing Support - $7,500 Award $15,000 as in 2016; No significant service increases identified. Vail Centre $ 12,500 $ 27,500 $ 7,500 $ 35,000 $ 5,000 Scholarship Support - $7,500; BaseCamp Support - $12,500; Education/Entrepreneurial Events Support - $15,000 Award $5,000 for the continued support of the BaseCamp facility; Award no funding for scholarship support or the "Demystifying Entrepreneurship" event. EGE Air Alliance $ 30,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 Support for Flight Service Programs in 2017 - $20,000 Award the requested amount. EGE has requested significant funding from several other municipalities, Eagle County and Beaver Creek Resort Company; Request is based on the estimated economic impacts of the flight service. High Altitude Entrepreneurs $ 2,900 SUB-TOTAL: ECONOMIC DEVELOPMENT - REGIONAL PROGRAMS $ 57,500 $ 62,500 $ 45,400 $ 70,000 $ 40,000 Alpine Arts Center $ 20,000 $ 7,500 $ 9,600 $ 20,000 $ - $ 9,600 $ 9,600 Support for the Social Art Series - $20,000 cash and $9,600 in-kind Committee recommends no cash funding. The program began in 2015 and the average 2015 subsidy per person was $112.36 per person. The exceedingly high subsidy in 2016 of a projected $51.72 per person can be expected to continue as a large participation is not anticipated due to the structure of the classes (three 2016 classes have yet to take place). Committee recommends awarding in- kind support in the form of complimentary use of the Avon Pavilion Plaza and Green Room for six (6) evenings and use of tables, chairs and tents. The 2015 Profit and Loss statement shows a net income of $16,407.41. 2017 Community Grant Program Requests and Recommendations Funding Summary ECONOMIC DEVELOPMENT: REGIONAL PROGRAMS ECONOMIC DEVELOPMENT: OUTSIDE PRODUCERS: SPECIAL EVENTS IN AVON - ART EXHIBIT A Vail Valley Art Guild $ 42,310 $ 5,260 Marketing and Program Support for "Art the Valley" Programs for 2017 - $42,310 Award $5,260 to include the following items: 1) Travel allowance for national and regional art instructors for art and photography workshops - $2,100; 2) Guest lecture receptions/demonstrations at Art of the Valley Gallery - $800; 3) Marketing concierge and private club materials - $500; 4) Vail Daily 1/2 page ads - $1,350; 5) Vail Weekly 1/4 page ads - $510; Committee recommends requesting feedback on who these funds will benefit. SUB-TOTAL: ECONOMIC DEVELOPMENT: SPECIAL EVENTS IN AVON - ART $ 20,000 $ 7,500 $ 9,600 $ 62,310 $ 5,260 $ 9,600 $ 9,600 Vail Valley Charitable Fund - Bec Tri $ 2,500 $ 3,000 $ 2,500 $ 500 $ 1,250 $ 2,000 $ 500 $ 500 Support for 10th Annual Bec Triathlon - $1,750 ($1,250 cash and $500 in-kind) Award $2,000 cash, which exceeds the request, and the requested $500 of in-kind support to support the long-term partnership with VVCF. Their 2015 Profit and Loss statement shows total net income of $119,118. Team Evergreen - Triple Bypass $ 2,500 $ 3,000 $ 2,500 $ 2,500 $ 8,000 $ 5,000 $ 3,000 $ 3,000 Sponsorship and support for Triple Bypass Bicycle Ride event - $8,000 cash and $3,000 in- kind Award $5,000 that will be contingent on the Town receiving the full color Town logo on the 5,000 Triple Bypass official jerseys, which is only available to sponsors contributing $8,000 and higher. Award the requested $3,000 of in-kind support. Vail Valley Foundation - Birds of Prey $ 40,000 $ 40,000 $ 50,000 Beaver Creek Resort Co. - Rodeo Series $ 2,500 $ 5,000 $ 5,000 $ 6,000 $ 6,000 Operation cost subsidy for 2017 Beaver Creek Rodeo Series - $6,000; In-kind support requested in the form of additional signage/marketing opportunities with the Town of Avon, including lamp post banners, bridge banners and electronic signage. Increase in funding requested is attributed to cost increases from key vendors, such as bleacher rentals. Approximately $40,000 has been solicited from various sponsors for the 2017 series. Award $6,000 cash and offer use of VMS boards in Town. Beaver Creek Resort Co. - Xterra $ 2,500 $ 2,000 $ 5,000 $ 2,500 $ 100 Support for operational costs of the 2017 Xterra Mountain Championships - $5,000 Award $2,500 as was awarded in 2016. Application provides no information for an increased need. Award in-kind support in the form of complimentary use of Nottingham Park and lake, and the Town will waive the special event permit fee. The America Cup, Inc. World Fly Fishing Championships $ 500 $ 500 ECONOMIC DEVELOPMENT: OUTSIDE PRODUCERS: SPECIAL EVENTS IN AVON - SPORTS EXHIBIT A Vail Valley Soccer Club $ 3,700 $ 5,300 $ 3,700 In-kind support in the form of 1) use of Avon upper and lower field space, striping, goals and field cleaning - $1,300; 2) Two (2) seasons of field use at the lower Avon field - $4,000 Award $3,700 of in-kind support, which is in line with what was granted in 2016, and provides VVSC with all of the in-kind support they are seeking. Application provides no justification for the increase in in-kind support. Vail Volleyball Club Speckled-Hound Racing $ 2,000 $ 1,000 Buddy Werner League $ 1,000 $ 1,000 $ 1,000 Support for BWL program expenses - $1,000 BWL provides an affordable ski program that Avon children participate in. The committee recommends the funding go towards support for the "Coaches Certification/Education" line item. The $1,000 of funding will put five coaches through the US Ski Association's Ski Fundamental Clinics to help strengthen their technical knowledge, safety and expertise. SUB-TOTAL: ECONOMIC DEVELOPMENT: SPECIAL EVENTS IN AVON - SPORTS $ 47,500 $ 54,000 $ 65,500 $ 7,700 $ 21,250 $ 16,500 $ 8,800 $ 7,300 Walking Mountains $ 17,500 $ 15,000 $ 22,500 $ 50,000 $ 32,500 Support for educational activities - $25,000; Funding for Sustainable Community Film Series - $2,500; Funding for Actively Green sustainable business training and certification program - $5,000; Funding for Energy Smart-CARE program - $17,500 Award $32,500 total. The funding will go towards support for educational activities at $25,000, the Film Series at $2,500, and the Actively Green program at $5,000. SUB-TOTAL: REGIONAL ENVIRONMENTAL PROGRAMS $ 17,500 $ 15,000 $ 22,500 $ 50,000 $ 32,500 Eagle River Youth Coalition $ 2,000 $ 4,000 $ 2,500 $ 324 $ 4,000 $ 2,500 $ 429 $ 429 Support for youth assessment activities, parent and community education efforts, and in-school substance use prevention programs - $4,000 Award $2,500 cash support as was awarded in 2016. Also, award the requested in-kind support of six 5-punch recreation punch cards, valued at $324, and three days of youth summer camp, valued at $105. InteGreat! $ 14,120 $ 7,060 $ 2,400 $ 1,200 Support for expansion of the InteGreat! Neighborhood Navigators program into the Town of Avon - $14,120; In-kind support in the form of use of the Pavilion for a one day, Battle of the Bands Food Aid fundraiser - $2,400. Application also requested in-kind support for sound management and equipment for the event, however, the Town will not be able accommodate the request as it outside of the Town's capabilities. Committee recommends awarding 50% of the cash ask, which amounts to $7,060. Committee would like to see clear accounting on how these funds are spent, as well as the number of Avon residents that are impacted by the expansion of the program into Avon. Committee recommends providing in-kind support of $1,200 for use of the Pavilion for the event detailed in the application. Roundup River Ranch $ 1,000 $ 1,200 HEALTH & HUMAN SERVICES REGIONAL ENVIRONMENTAL PROGRAMS EXHIBIT A YouthPower365 (Formerly Youth Foundation) $ 20,000 $ 15,000 $ 15,000 Support for PwrHrs Extended Learning Program and Parent Mentor Program - $15,000 Award $15,000 for the stated programs. The organization reaches and serves may Avon children and parents. Application states that in 2015-2016, 215 Avon students and families benefitted from the Town's $15,000 grant. Starting Hearts $ 6,500 $ 9,500 $ 5,000 Support for completion of Call.Push.Shock educational program to various entities, deployment of two additional AEDs in highly- trafficked public locations in the Town of Avon, and deployment of signage to identify defibrillator locations within town limits - $9,500 Award $5,000 total, with $2,500 going towards the purchase of an AED to be placed in Avon and $2,500 going towards the delivery of Call.Push.Shock training. Application states Starting Hearts will document the training of over 400 citizens of the Town of Avon in 2017. Red Ribbon Project $ 750 $ 750 $ 750 $ 54 $ 1,000 $ 1,000 $ 54 $ 54 Support for Youth Skills Building program - $1,000; In-kind support in the form of one 5-punch Avon Rec Center punch card, valued at $54. Award the requested $1,000 cash support and $54 in-kind support. RRP is a unique in- school program in Eagle County addressing risky behaviors of adolescents. Application showcases strong fundraising program with public and private entities. Education Foundation of Eagle County $ 59,400 $ 2,500 $ 2,500 $ 52,800 $ 26,400 Support/sponsorship for Wild West Days event in 2017 - $2,500; In-kind support in the form of complimentary use of two office spaces at the ARTF for 12 months, which is valued at $52,800. Committee recommends awarding $2,500 cash to support the stated event, and complimentary use of one office space at the ARTF for 12 months, which is valued at $26,400. In-kind provision of Town office space at the ARTF is a significant contribution to EFEC's budget. Early Childhood Partners $ 1,000 $ 3,600 $ 4,800 $ - Support for the Family Leadership Training Institute program; scholarships to three people to participate in the program- $4,800 Committee recommends no funding as the subsidy per person is exceedingly high at $1,600 per person. SpeakUp ReachOut $ 5,000 $ 5,000 $ 5,000 $ 5,000 Support for suicide prevention and stigma reduction initiative - $5,000 Award $5,000 for the following items: 1) Prevention trainings/materials/facilitator stipend - $2,000; 2) Training for the Trainer Working Minds - $500; 3) Advertising materials/marketing for trainings and stigma reduction - $1,500; 4) Executive Director personnel time for trainings, marketing, scheduling trainings for one year - $1,000. Committee recommends requiring SpeakUp ReachOut to request funding from other municipalities in the future if they plan to request funding from the Town of Avon, since the program is valley wide. Small Champions $ 5,600 $ 5,600 $ 7,800 $ 7,800 The $7,800 of requested funding would provide three qualifying Avon resident children through the programs in 2017. Award $7,800, as requested. The committee acknowledges and commends their efforts to improve outreach to minority populations. The 2015 Profit and Loss statement shows net income of $82,492. EXHIBIT A Mountain Family Health Centers - Avon School- Based Health Center (Avon SBHC) $ 20,400 $ 30,000 $ 30,000 Support for Avon School-Based Health Center, located at Avon Elementary School - $30,000 Committee recommends awarding the requested amount of $30,000 due to the appeal of the funds going towards the new clinic site , the Avon School-Based Health Center, located at Avon Elementary School. Application misstates 2016 award as $30,000; it was $20,400. Bright Future Foundation $ 2,500 $ 740 $ 5,000 $ 2,500 $ 740 $ 740 Support for Youth Violence Prevention services in the Avon community - $5,000 cash and $740 in- kind Award $2,500 to match what was granted in 2016. Award ten 10-punch Avon Rec Center punch cards, valued at $740. Agency provides county-wide services but Avon is the only municipality asked to provide funding. SOS Outreach $ 6,000 $ - Sponsorship request for a SOS Outreach cycle team during the 2017 Ride the Rockies cycle event - $6,000 The Committee recommends no funding. The request is a $6,000 cash sponsorship of a SOS Outreach cycle team participating in the Ride the Rockies cycling event. Committee would support providing funding to subsidize operational costs of SOS Outreach's programs or a local event. United Way of Eagle River Valley $ 4,680 $ - Funding request is a ticket subsidy for a comedy basketball event at Avon Elementary School featuring the Harlem Ambassadors - $4,680 The Committee recommends no funding. The subsidy for 344 attendees, including children and parents, is projected at $13.60. Committee feels there are other non-profit entities providing overlapping services. Ute Springs Experiential Learning Center $ 1,500 $ 1,500 Request is for in-kind support in the form of complimentary use of the Avon Performance Pavilion (Terrace and Green Room), Nottingham Lake and Park, three TOA tents, TOA fencing, TOA staff assistance, and space for event promotion on the railroad bridges twice in 2017 - $1,500 Committee recommends providing in-kind support for all items listed in the application, except for Town staff assistance during the event. Railroad bridge banner space will be provided twice, based on availability. Vail Valley Salvation Army $ 5,000 $ 5,000 Request is to continue and expand the Get Out and Grow Avon Project - $5,000; $4,500 will go towards supporting educators and $500 will go towards materials and resources required to execute this program Award the requested amount at $5,o00. Vail Valley Salvation Army's programs involve diverse groups of people and communities. The Get Out and Grow Avon event series encourages active lifestyles and healthy eating. SUB-TOTAL: HEALTH & HUMAN SERVICES $ 3,750 $ 18,950 $ 64,250 $ 61,718 $ 114,400 $ 83,360 $ 57,923 $ 30,323 TOTAL 2017 FUNDING REQUESTS & RECOMMENDATIONS $ 213,895 $ 197,850 $ 205,150 $ 79,018 $ 317,960 $ 177,620 $ 76,323 $ 47,223 EXHIBIT A AVON URBAN RENEWAL AUTHORITY REPORT To: Board Chairman and Commissioners From: Scott Wright, Avon URA Treasurer Date: September 27, 2016 Re: Budget Worksession – AURA 2017 Proposed Budget Attached is the proposed Avon Urban Renewal Authority 2017 proposed budget along with the final revised budget for 2016. The Avon Urban Renewal Fund is used to account for the activities of redevelopment undertaken by the Authority including issuing debt and constructing public improvements. No action on this budget is necessary on September 27. The date of the anticipated public hearing and adoption of the budget is October 25, 2016. Details and highlights of the proposed budget are as follows: • The AURA’s main source of annual revenue is property tax increment revenues for urban renewal plan areas within the Town. Currently, the only plan area within the Town is the Town Center West Urban Renewal Plan Area which was created in 2008. Plan areas have a life of 25 years whereby property tax increment revenues can be collected. • The Authority is considered a separate legal entity from the Town and is authorized by the Colorado Urban Renewal Act. For the most part, the budgetary process for adopting the Authority budget parallels the Town’s. However, the Authority does not certify a mill levy. • The Authority’s budget summary will be included in the Town’s budget summary as a component unit of the Town. • Property tax increment revenues for 2017 are based upon an increment of $17,224,470 and an overlapping mill rate of 58.650. This represents an increase of 5.66% in the increment. This increase is due primarily to market value increases in existing properties within the plan area. Additional TIF revenues are anticipated in 2018 from the construction of the Buck Creek Medical Plaza. • Funds available for the Town Center West Maintenance Fund are being reduced to $0 in 2017. • Tax Increment Financing Bonds are anticipated to be issued late in 2016 in the amount of approximately $3 million for use in the new Town Hall tenant finish project. Debt service on these bonds will begin in 2018 and are estimated at approximately $275,000 per year for principal and interest over a 15 year term. Attachments: A – Proposed 2017 Avon Urban Renewal Authority Budget, Pages 1-4 Page 1 Original or Final Prev. Amend.Revised Proposed Proposed Actual Budget Budget Budget Budget 2015 2016 2016 2017 2018 Personnel Services -$ -$ -$ -$ -$ Commodities - - - - - Contract Services - 700 5,200 3,200 3,200 Other Operating Costs - 250 250 250 250 Capital Outlay - - 32,603 - - Total -$ 950$ 38,053$ 3,450$ 3,450$ SEE CAPITAL PROJECTS & TOWN CENTER WEST MAINTENENANCE FUND 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 plan area within Avon; it has a 25-year life of increment finance. Debt issuance proceeds from tax increment financing in the amount of $3 million are anticipated in the final revised 2016 budget. These proceeds will be transferred to the Capital Projects Fund for the New Town Hall tenant finish project. Property tax increment revenues for 2017 are based upon an increment of $17,224,470 and an overlapping mill rate of 58.65, resulting in a 0.5% decrease in net revenues from the previous year. Additional tax increment revenues are anticipated in 2018 from the construction of the Buck Creek Medical Plaza. In 2017 and thereafter, funds transferred to the Town Center West Maintenance Fund have been reduced to zero due to its consolidation into the Parks budget. BUDGET SUMMARY: AVON URBAN RENEWAL FUND ADMINISTRATION OF THE DEPARTMENT The Urban Renewal Fund is administered by the Finance Director. DEPARTMENT FINANCIAL SUMMARY DEPARTMENT EXPENDITURES BY CATEGORY DEPARTMENT EXPENDITURES BY PROGRAM Page 2 Fund Summary Original or Final Prev. Amend.Revised Proposed Proposed Actual Budget Budget Budget Budget 2015 2016 2016 2017 2018 REVENUES Taxes 756,471$ 1,053,955$ 1,006,846$ 1,000,832$ 1,136,534$ Investment Earnings 3,617 4,712 3,769 4,712 7,853 Total Operating Revenues 760,088 1,058,667 1,010,615 1,005,544 1,144,387 Other Sources Debt Issuance Proceeds - - 3,000,000 - - TOTAL REVENUES 760,088 1,058,667 4,010,615 1,005,544 1,144,387 EXPENDITURES Current: General Government - 950 5,450 3,450 3,450 Capital Improvements - - 32,603 - - Debt Service: Principal 320,000 410,000 410,000 565,000 585,000 Interest 229,504 218,240 218,240 308,808 288,954 Bond Issuance Costs - - 90,000 - - Treasurer Fees 28,499 31,620 39,200 39,000 43,080 Fiscal Charges 300 1,000 500 500 500 Total Operating Expenditures 578,303 661,810 795,993 916,758 920,984 Other Uses Transfers Out - Capital Projects Fund - 500,000 3,150,000 - - Transfers Out - Town Center West Mtc. Fund 100,000 50,000 50,000 - - Total Other Uses 100,000 550,000 3,200,000 - - TOTAL EXPENDITURES 678,303 1,211,810 3,995,993 916,758 920,984 NET SOURCE (USE) OF FUNDS 81,785 (153,143) 14,622 88,786 223,403 FUND BALANCES, Beginning of Year 826,178 857,941 907,963 922,585 1,011,371 FUND BALANCES, End of Year 907,963$ 704,798$ 922,585$ 1,011,371$ 1,234,774$ FUND BALANCES: Restricted For: Debt Service 628,240$ 628,240$ 904,690$ 904,690$ 904,690$ Urban Renewal 279,723 76,558 17,895 106,681 330,084 TOTAL FUND BALANCES 907,963$ 704,798$ 922,585$ 1,011,371$ 1,234,774$ AVON URBAN RENEWAL AUTHORITY #22 Summary Page 3 Debt Service Summary Original or Final Prev. Amend.Revised Adopted Proposed Account Actual Budget Budget Budget Budget Number Description 2015 2016 2016 2017 2018 DEBT SERVICE 932 Series 2013, Tax Increment Revenue Bonds 65101 Principal 320,000$ 410,000$ 410,000$ 395,000$ 410,000$ 65102 Interest 229,504 218,240 218,240 203,808 189,904 933 Series 2016, Tax Increment Revenue Bonds 65101 Principal - - - 170,000 175,000 65102 Interest - - - 105,000 99,050 Fiscal Charges 65104 Bond Issuance Charges - - 90,000 - - 64303 Treasurer Fees 28,499 31,620 39,200 39,000 43,080 65103 Trustee Fees 300 1,000 500 500 500 60000 TOTAL DEBT SERVICE 578,303$ 660,860$ 757,940$ 913,308$ 917,534$ AVON URBAN RENEWAL AUTHORITY Debt Service Page 4 CIP Projects Inventory Original or Final Prev. Amend.Revised Adopted Proposed Account Actual Budget Budget Budget BudgetNumberDescription20152016201620172018 CAPITAL IMPROVEMENT PROJECTS Roads and Streets: Street Improvements: 32018 Nottingham Road Streetlights -$ -$ 32,603$ -$ -$ Total Capital Improvement Projects -$ -$ 32,603$ -$ -$ AVON URBAN RENEWAL AUTHORITY Capital Projects TOWN OF AVON, COLORADO MINUTES FOR THE URBAN RENEWAL AUTHORITY MEETING FOR JANUARY 26, 2016 AVON TOWN HALL, ONE LAKE STREET URA 1-26-2016 Minutes.docx Page 1 1. CALL TO ORDER & ROLL CALL Chairman Fancher called the meeting to order at 5:10 p.m. A roll call was taken and Authority members present were Sarah Smith Hymes, Scott Prince, Megan Burch, Matt Gennett, Buz Reynolds and Jake Wolf. Also present were Executive Director/Secretary Virginia Egger, Town Attorney Eric Heil, Treasurer Scott Wright, Recreation Director John Curutchet, Police Chief Bob Ticer, Executive Assistant to the Town Manager Preston Neill and Authority Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA No comments were made. 4. CONSENT AGENDA 4.1. RESOLUTION NO. 16-01 DESIGNATING LOCATIONS FOR POSTING THE NOTICES OF PUBLIC MEETINGS (TREASURER SCOTT WRIGHT) 4.2. APPROVAL OF DECEMBER 8, 2015 URA MEETING MINUTES (AUTHORITY CLERK DEBBIE HOPPE) Authority member Gennett moved to approve the consent agenda; Authority member Reynolds seconded the motion and it passed unanimously by those present. 5. ADJOURNMENT There being no further business to come before the Authority, the meeting adjourned at 5:12 p.m. RESPECTFULLY SUBMITTED: ______________________________ Debbie Hoppe, Authority Clerk APPROVED: Jennie Fancher ________________________________ Jake Wolf ________________________________ Matt Gennett ________________________________ Megan Burch ________________________________ Albert “Buz” Reynolds ________________________________ Scott Prince ________________________________ Sarah Smith Hymes ______________________________ TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Preston Neill, Executive Assistant to the Town Manager Date: September 27, 2016 Agenda Topic: Review of recommendation for changes for private parking lot enforcement, including booting OVERVIEW: In recent months, there has been a rise in complaints from patrons of private parking lots and businesses near these lots regarding the use of vehicle immobilization devices, or “boots,” particularly in the Avon Town core. The purpose of this memorandum is to provide a summary of the issue, potential options to address the issue, and Town staff’s recommended solution. SUMMARY: On June 14, 2016, Ordinance 16-11 was presented to Council to amend sections of the Avon Municipal Code concerning vehicle impoundment and immobilization. Council tabled the item and provided direction to Town staff to research the processes of vehicle impoundment and immobilization, and regulations for private booting companies in several other municipalities. Additionally, staff was directed to conduct outreach to local businesses and commercial property owners that contract with booting and/or towing companies, to gauge opinion and sentiments on the issue. On August 9, 2016, Council convened in a work session to review booting practices in Avon and comparable Colorado municipalities. Town staff presented the outreach and research that has been conducted on the subject. Summaries of the outreach and research are provided below. Outreach Two rounds of community outreach have been completed regarding vehicle immobilization procedures in Avon, particularly in the Town core. Prior to the August 9, 2016 Town Council meeting, Master Police Officer Chris Peck visited with a variety of business proprietors and property managers to survey their responses to a number of questions. Owners or managers of the following businesses were interviewed: Bob’s Place, Venture Sports, Avon Bakery, Beaver Liquors, Treasures Quality Consignments, High Gear Cyclery, Loaded Joe’s, Montana’s Smokehouse and Pazzo’s Pizzeria. In addition, property managers for Avon Center and Aspens Mobile Home Village were surveyed. A summary of their responses is included in the August 9, 2016 Town Council meeting packet. In preparation for the September 27, 2016 Town Council meeting, a memorandum, attached as Exhibit 1, was prepared and distributed to commercial property owners, retailers and lodge representatives to provide them a summary of the issue, potential options to address the issue, and Town staff’s recommended solution. They were asked to submit their feedback in writing to Town staff. All submittals have been collated and attached as Exhibit 2. Research As previously mentioned, staff was directed to conduct research on the processes of vehicle impoundment and immobilization, and regulations for private booting companies in several other municipalities. Staff researched the municipal codes and contacted representatives of the towns of Breckenridge and Vail and the city of Aspen. Aspen – The City of Aspen has not enacted any regulations for private booting companies. According to a representative with the Aspen Police Department, they rarely, if ever, have any issues regarding booting companies. It was emphasized that a booting issue would be between the property owner and the owner of the booted vehicle. Breckenridge – The Town of Breckenridge has not enacted any regulations for private booting companies. A sergeant with the Breckenridge Police Department, who oversees parking enforcement, said she has never encountered an issue related to booting. She explained that there are a couple of businesses that boot vehicles themselves if vehicles are parked illegally. They leave the boot on the vehicles until a tow truck company arrives. Those businesses that apply boots themselves rarely have to do it and their private parking lots are well-signed. Vail – The Town of Vail recently adopted an ordinance amending the Vail Town Code related to the private use of vehicle immobilizers. More specifically, no person in Vail is allowed to place a boot on any motor vehicle, except under the following circumstances: 1. The person is directed by a law enforcement officer to place a boot on the motor vehicle; 2. The person is a law enforcement officer authorized to place the boot on the motor vehicle; 3. The owner, authorized operator, or authorized agent of the owner of the motor vehicle requested that the boot be placed on the motor vehicle; or 4. The person placing the boot is a property owner who owns the boot and complies with the following: a. Affixes a notice to the motor vehicle in a conspicuous and obvious manner containing the name, address and telephone number of the person who placed the boot on the motor vehicle, the amount of the boot removal fee and the right to have the boot removed upon payment of the boot removal fee; and b. Maintains personnel able to remove the boot and release the vehicle to its owner or authorized operator upon the payment of a boot removal fee, with such personnel available twenty-four (24) hours per day, seven (7) days per week. If a boot is placed on a motor vehicle at the direction of a law enforcement officer, the person placing the boot shall: 1. Affix a notice to the motor vehicle in a conspicuous and obvious manner containing the name, address and telephone number of the person who placed the boot on the motor vehicle, the amount of the boot removal fee, the right to have the boot removed within ninety (90) minutes of contacting the Police Department, the signature of the person who placed the boot, and an advisement of the right to request a post seizure hearing for vehicle impoundment; 2. Maintain personnel authorized to remove the boot and release any motor vehicle to its owner or driver upon the payment of any boot removal fee; and 3. Provide a receipt upon payment, listing the fees charged and advisement of the right to request a post-seizure hearing for vehicle impoundment. OPTIONS: From the work of the past several months, four options are being considered and are outlined below. Town staff recommends the implementation of option four. Direction is requested from Council. I. OPTION ONE • Repeal the immobilization (booting) regulations established by Ordinance 09-10. Oversight and due process for parking enforcement companies that boot within the Town of Avon would be eliminated. II. OPTION TWO • Outlaw the practice of booting within the Town of Avon. III. OPTION THREE • Implement the Town of Vail program as summarized above IV. OPTION FOUR • Retain the regulations as currently in place with certain changes to address booting in residential and commercial areas of Avon, as provided below. New code changes are noted. RESIDENTIAL Maintain current regulations:  As identified in section 5.12.020 of the Avon Municipal Code, no parking enforcement company desiring to boot vehicles within the Town may engage in booting operations without first having obtained a license from the Town Clerk.  Parking enforcement companies must supply logs of the boots they have applied to the Avon Police Department on a monthly basis.  Parking enforcement companies must supply their contracts with property owners to the Avon Police Department. Amend regulations to include the following:  Permit payment by credit card in addition to payment by cash.  Clarify grounds for finding a lack of “moral character” that would justify suspending or revoking a license.  Change the standard to uphold a vehicle immobilization from “probable cause” to actual violation of parking rules and compliance with all vehicle impoundment rules.  Change the minimum hearing cost from $100 to an amount to be determined by the municipal court.  Permit the municipal court discretion to reverse or reduce an immobilization fee. COMMERCIAL Maintain current regulations:  As identified in section 5.12.020 of the Avon Municipal Code, no parking enforcement company desiring to boot vehicles within the Town may engage in booting operations without first having obtained a license from the Town Clerk.  Parking enforcement companies must supply logs of the boots they have applied to the Avon Police Department on a monthly basis.  Parking enforcement companies must supply their contracts with property owners to the Avon Police Department.  Require commercial private parking lots that utilize licensed parking enforcement companies to be adequately signed that illegally parked cars will be immobilized.  Require parking enforcement companies to remove the boot within ninety (90) minutes upon payment of the boot removal fee. Amend regulations to include the following:  Permit payment by credit card in addition to payment by cash.  Clarify grounds for finding a lack of “moral character” that would justify suspending or revoking a license.  Change the standard to uphold a vehicle immobilization from “probable cause” to actual violation of parking rules and compliance with all vehicle impoundment rules.  Change the minimum hearing cost from $100 to an amount to be determined by the municipal court.  Permit the municipal court discretion to reverse or reduce an immobilization fee.  Implement a one (1) hour grace period that prevents a parking enforcement company from immobilizing a vehicle until after the one hour mark. If the one hour mark is reached and the parking enforcement company, after documenting the violation by chalking a tire on the vehicle and taking photographs, believes the driver of the vehicle did not patronize any businesses on the property, the vehicle may be immobilized.  If commercial property owner desires, at the owner’s expense, implement a validation system in order to give patrons the ability to prove patronization of a business associated with a particular private parking lot. If commercial property owners elect to implement such a system, it must identified in the contract with a parking enforcement company. ATTACHMENTS: Exhibit 1 – Memorandum: Vehicle Immobilization Devices 9/15/2016 Exhibit 2 – Submitted Feedback MEMORANDUM To: Interested Parties Date: September 15, 2016 Topic: Vehicle Immobilization Devices OVERVIEW: In recent months, there has been a rise in complaints from patrons of private parking lots and businesses near these lots regarding the use of vehicle immobilization devices, or “boots,” particularly in the Avon Town core. The purpose of this memorandum is to provide you, other retailers and lodge representatives and our registered booting companies a summary of the issue, potential options to address the issue, and Town staff’s recommended solution. We are seeking your feedback prior to finalizing a recommendation to Town Council. Please take the time to review the options and let us know your preference. Feel welcome to modify the option as you may desire. We appreciate receiving your input by not later than September 21, 2016. Town staff will be completing a report to the Town Council not later than September 23rd for their discussion on the evening of September 27th. Please email your responses to pneill@avon.org or drop off a completed copy of this document to the reception window at Town Hall, located at 1 Lake Street. SUMMARY: On June 14, 2016, Ordinance 16-11 was presented to Council to amend sections of the Avon Municipal Code concerning vehicle impoundment and immobilization. Council tabled the item and provided direction to Town staff to research the processes of vehicle impoundment and immobilization, and regulations for private booting companies in several other municipalities. Additionally, staff was directed to conduct outreach to local businesses and commercial property owners that contract with booting and/or towing companies, to gauge opinion and sentiments on the issue. On August 9, 2016, Council convened in a work session to review booting practices in Avon and comparable Colorado municipalities. Town staff presented the outreach and research that has been conducted on the subject. Summaries of the outreach and research are provided below. Outreach The Avon Police Department has completed community outreach regarding vehicle immobilization procedures in Avon, particularly in the Town core. Master Police Officer Chris Peck visited with a variety of business proprietors and property managers to survey their responses to a number of questions. Owners or managers of the following businesses were interviewed: Bob’s Place, Venture Sports, Avon Bakery, Beaver Liquors, Treasures Quality Consignments, High Gear Cyclery, Loaded Joe’s, Montana’s Smokehouse and Pazzo’s Pizzeria. In addition, property managers for Avon Center and Aspens Mobile Home Village were surveyed. A summary of their responses is included in the August 9, 2016 Town Council meeting packet. Research As previously mentioned, staff was directed to conduct research on the processes of vehicle impoundment and immobilization, and regulations for private booting companies in several other municipalities. Staff researched the municipal codes and contacted representatives of the towns of Breckenridge and Vail and the city of Aspen. Aspen – The City of Aspen has not enacted any regulations for private booting companies. According to a representative with the Aspen Police Department, they rarely, if ever, have any issues regarding booting companies. It was emphasized that a booting issue would be between the property owner and the owner of the booted vehicle. Breckenridge – The Town of Breckenridge has not enacted any regulations for private booting companies. A sergeant with the Breckenridge Police Department, who oversees parking enforcement, said she has never encountered an issue related to booting. She explained that there are a couple of businesses that boot vehicles themselves if vehicles are parked illegally. They leave the boot on the vehicles until a tow truck company arrives. Those businesses that apply boots themselves rarely have to do it and their private parking lots are well-signed. Vail – The Town of Vail recently adopted an ordinance amending the Vail Town Code related to the private use of vehicle immobilizers. More specifically, no person in Vail is allowed to place a boot on any motor vehicle, except under the following circumstances: 1. The person is directed by a law enforcement officer to place a boot on the motor vehicle; 2. The person is a law enforcement officer authorized to place the boot on the motor vehicle; 3. The owner, authorized operator, or authorized agent of the owner of the motor vehicle requested that the boot be placed on the motor vehicle; or 4. The person placing the boot is a property owner who owns the boot and complies with the following: a. Affixes a notice to the motor vehicle in a conspicuous and obvious manner containing the name, address and telephone number of the person who placed the boot on the motor vehicle, the amount of the boot removal fee and the right to have the boot removed upon payment of the boot removal fee; and b. Maintains personnel able to remove the boot and release the vehicle to its owner or authorized operator upon the payment of a boot removal fee, with such personnel available twenty-four (24) hours per day, seven (7) days per week. If a boot is placed on a motor vehicle at the direction of a law enforcement officer, the person placing the boot shall: 1. Affix a notice to the motor vehicle in a conspicuous and obvious manner containing the name, address and telephone number of the person who placed the boot on the motor vehicle, the amount of the boot removal fee, the right to have the boot removed within ninety (90) minutes of contacting the Police Department, the signature of the person who placed the boot, and an advisement of the right to request a post seizure hearing for vehicle impoundment; 2. Maintain personnel authorized to remove the boot and release any motor vehicle to its owner or driver upon the payment of any boot removal fee; and 3. Provide a receipt upon payment, listing the fees charged and advisement of the right to request a post-seizure hearing for vehicle impoundment. OPTIONS: From the work of the past several months, four options are being considered and are outlined below. I. OPTION ONE  Repeal the immobilization (booting) regulations established by Ordinance 09-10. Oversight and due process for parking enforcement companies that boot within the Town of Avon would be eliminated. II. OPTION TWO  Outlaw the practice of booting within the Town of Avon. III. OPTION THREE  Implement the Town of Vail program as summarized above IV. OPTION FOUR  Retain the regulations as currently in place with certain changes to address booting in residential and commercial areas of Avon, as provided below. New code changes are noted. RESIDENTIAL Maintain current regulations:  As identified in section 5.12.020 of the Avon Municipal Code, no parking enforcement company desiring to boot vehicles within the Town may engage in booting operations without first having obtained a license from the Town Clerk.  Parking enforcement companies must supply logs of the boots they have applied to the Avon Police Department on a monthly basis.  Parking enforcement companies must supply their contracts with property owners to the Avon Police Department. Amend regulations to include the following:  Permit payment by credit card in addition to payment by cash.  Clarify grounds for finding a lack of “moral character” that would justify suspending or revoking a license.  Change the standard to uphold a vehicle immobilization from “probable cause” to actual violation of parking rules and compliance with all vehicle impoundment rules.  Change the minimum hearing cost from $100 to an amount to be determined by the municipal court.  Permit the municipal court discretion to reverse or reduce an immobilization fee. COMMERCIAL Maintain current regulations:  As identified in section 5.12.020 of the Avon Municipal Code, no parking enforcement company desiring to boot vehicles within the Town may engage in booting operations without first having obtained a license from the Town Clerk.  Parking enforcement companies must supply logs of the boots they have applied to the Avon Police Department on a monthly basis.  Parking enforcement companies must supply their contracts with property owners to the Avon Police Department.  Require commercial private parking lots that utilize licensed parking enforcement companies to be adequately signed that illegally parked cars will be immobilized.  Require parking enforcement companies to remove the boot within ninety (90) minutes upon payment of the boot removal fee. Amend regulations to include the following:  Permit payment by credit card in addition to payment by cash.  Clarify grounds for finding a lack of “moral character” that would justify suspending or revoking a license.  Change the standard to uphold a vehicle immobilization from “probable cause” to actual violation of parking rules and compliance with all vehicle impoundment rules.  Change the minimum hearing cost from $100 to an amount to be determined by the municipal court.  Permit the municipal court discretion to reverse or reduce an immobilization fee.  Implement a one (1) hour grace period that prevents a parking enforcement company from immobilizing a vehicle until after the one hour mark. If the one hour mark is reached and the parking enforcement company, after documenting the violation by chalking a tire on the vehicle and taking photographs, believes the driver of the vehicle did not patronize any businesses on the property, the vehicle may be immobilized.  If commercial property owner desires, at the owner’s expense, implement a validation system in order to give patrons the ability to prove patronization of a business associated with a particular private parking lot. If commercial property owners elect to implement such a system, it must identified in the contract with a parking enforcement company. NAME OF RESPONDENT: ____________________________________________ NAME OF BUSINESS: _______________________________________________ PREFERRED OPTION #: _____ COMMENTS: _____________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ _____________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ _____________________________________________________________________________ ________________________________________________________________________ Heil Law & Planning, LLC Office: 970.468.0635 1022 Summit Drive Dillon, CO 80435 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H E I L L AW TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Sales Tax Rebate Agreement for Retail Concepts DATE: September 22, 2016 SUMMARY: Sports Authority recently ceased operations and vacated the store in east Avon. Since that time, the Town Manager has been in communication with Traer Creek-EXWMT (“Traer Creek”) about potential opportunities for a new retail tenant. Traer Creek recently negotiated a lease with a sporting goods retailer, Sun & Ski Sports, owned and operated by Retail Concepts, Inc. As part of the lease negotiations and cost of refinishing the interior of the approximate 32,000 square foot retail space, both Traer Creek and Retail Concepts requested the Town’s consideration of a sales tax rebate as a financial incentive. As a result of those discussions and negotiations, a Sales Tax Rebate Agreement was prepared and is presented to Council for its consideration and approval. TERMS OF AGREEMENT: The Sales Tax Rebate Agreement would provide a maximum rebate to Retail Concepts of up to $100,000 per year for a maximum of 5 years (i.e. a maximum rebate of $500,000). The rebate is calculated at the amount of 45% of the actual sales tax paid to the Town by Retail Concepts. The conditions include providing evidence of a lease for a term of at least 10 years and opening the store by no later than January 15, 2017. Traer Creek has shared that the initial lease term is through April 30, 2027; with two five-year extension options of five years; and, a third extension of nine months. The sales tax projection and rebates over a 10 year period are described in the table below. The projection shows that the Town of Avon will be contributing 15% of the sales tax collected to the rebate. The Town’s obligation to provide the rebate is subject to annual budget and appropriation in order to comply with the TABOR’s restrictions on incurring multi-year fiscal obligations. The term of the rebate would be extended for one year for each year that the Town fails to budget and appropriate. Paragraph 16 - Assignment tracks the assignment language in the actual lease with Retail Concepts. TOWN POLICY FOR FINANCIAL INCENTIVES: The Town has adopted general policies regarding the use of financial incentives to promote appropriate and beneficial economic development. The Avon Comprehensive Plan states as Goal E.2: “Ensure the ability to fund and implement the necessary development and redevelopment by encouraging strategic use of town funds to leverage high quality private sector investment.” and Policy E.2.1: “Pursue economic development benefitting the Town of Avon by using local, county, state, or federal resources that are available including incentive programs and section criteria”. The Avon Town Council adopted the Community Revitalization Public-Private Partnership Guidelines by Resolution 2008-54, which states in part Purpose 4. “Promote the efficient use of incentives to maximize the public benefits to the Avon community;” and lists “Revenue Sharing” as one of several primary incentives. The Town Council may approve this Sales Tax Rebate Agreement by motion with the concurring vote of four Council members. REQUESTED MOTION: “I move to approve the Sales Tax Rebate Agreement with Retail Concepts, Inc.” Thank you, Eric ATTACHMENT: Sales Tax Rebate Agreement M E M O R A N D U M & PLANNING, LLC Avon Town Council Retail Concepts Sales Tax Rebate Agreement September 22, 2016 Page 2 of 2 REBATE SCENARIO TOTAL SALES TAX PROJECTION 4% TAX PROCEEDS 45% OF SALES TAX 45% OF SALES TAX UP TO $100K NET SALES TAX AFTER REBATE YEAR 1 $6,000,000 $240,000 $108,000 $100,000 $140,000 YEAR 2 $7,000,000 $280,000 $126,000 $100,000 $180,000 YEAR 3 $8,000,000 $320,000 $144,000 $100,000 $220,000 YEAR 4 $8,500,000 $340,000 $153,000 $100,000 $240,000 YEAR 5 $9,000,000 $360,000 $162,000 $100,000 $260,000 SUB-TOTAL $38,500,000 $1,540,000 $693,000 $500,000 $1,040,000 ESTIMATED PERCENT OF TAX REBATE - FIRST FIVE YEARS 32% YEAR 6 $9,000,000 $360,000 na na $360,000 YEAR 7 $9,000,000 $360,000 na na $360,000 YEAR 8 $9,000,000 $360,000 na na $360,000 YEAR 9 $9,000,000 $360,000 na na $360,000 YEAR 10 $9,000,000 $360,000 na na $360,000 SUB-TOTAL $45,000,000 $1,800,000 $1,800,000 TOTAL $83,500,000 $3,340,000 $693,000 $500,000 $2,840,000 ESTIMATED PERCENT OF TAX REBATE - FULL TEN YEARS 15% Heil Law & Planning, LLC Office: 970.468.0635 1022 Summit Drive Dillon, CO 80435 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: IGA with Eagle County Schools for use of Bus Stops DATE: September 23, 2016 SUMMARY: Eagle County Schools desires to use of three transit bus stops on West Beaver Creek Blvd. The attached IGA allows the shared use of the bus stops, acknowledges the application of $25,000 in cash- in-lieu fees received from the Red House (now Base Camp) townhome development towards the construction and improvement of the transit bus stops, and includes the Town’s standard legal-ease language for IGAs. The IGA can be terminated by either party with 7 days notice for cause and 30 days notice without cause. REQUESTED MOTION: “I move the approve the Intergovernmental Agreement between Eagle County School District RE-50J and the Town of Avon.” Thank you, Eric ATTACHMENTS: IGA between Eagle County School District and Town of Avon M EMORANDUM & PLANNING, LLC IGA: Eagle County School District-Town of Avon re: Bus Stops September 27, 2016 Page 1 of 3 INTERGOVERNMENTAL AGREEMENT Between Eagle County School District RE-50J and The Town of Avon This Intergovernmental Agreement (“Agreement”) by and between the Eagle County School District RE-50J (“District”) and the Town of Avon, a Colorado home rule municipality (“Avon”), (individually a “Party” and collectively the “Parties”), is made on September 27, 2016. WHEREAS, the District is hereby requesting the use and sharing, from Avon, of Avon’s transit bus stops located at: 901, 998 and 1061 West Beaver Creek Blvd., Avon, Colorado (“Bus Stops”); and WHEREAS, Avon is the local traffic regulatory authority on municipal streets; and WHEREAS, the District ensures that said Bus Stops are in compliance with § 42-4-1904(1), C.R.S.; and WHEREAS, the District has scheduled the above listed bus stops so that no students are crossing the roadway and therefore, the buses’ 4-way hazard lamp system is sufficient as a warning for passing motorists that the bus is either receiving or discharging students; and WHEREAS, the use of the 4 way hazards lamps are sufficient and will not impede local area traffic; and WHEREAS, C.R.S. §29-20-101 et seq. enables the Parties to enter into intergovernmental agreements and authorizes each of the Parties to perform the functions described herein, as provided in C.R.S. §29-20-105. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. USE OF BUS STOPS. Avon hereby authorizes the District’s transportation department to receive and discharge students at the Bus Stops. The District agrees to comply at all times with C.R.S. § 42-4-1901 et seq. and other applicable laws and regulations during the term of this Agreement. 2. EMERGENCY NOTICE. In case of an emergency, the Parties have provided the following primary contacts. Jane Burden, Transportation Manager Office 970-748-4111 Cell 970-390-2014 Fax 970-845-8589 E-Mail Address: jburden@avon.org Sandra Mutchler, Chief Operations Officer IGA: Eagle County School District-Town of Avon re: Bus Stops September 27, 2016 Page 2 of 3 Eagle County Schools Office: 970-328-2747 Cell: 970-435-5939 Fax: 970-328-1024 E-Mail Address: 3. EMERGENCY INFORMATION. Avon shall safeguard the use of and access to information regarding any emergency situations involving the District, provided that Avon shall at all times comply with the Colorado Open Records Act, CRS § 24-72-201 et. seq. 4. CONSTRUCTION AND IMPROVEMENT OF BUS STOPS. The Parties agree that Avon shall use $25,000 in funds received by the Avon as cash-in-lieu of school site land dedication for the construction or improvement of the Bus Stops. 5. TERM AND TERMINATION. This Agreement will be effective as of the effective date stated above and will continue until terminated. If either Party fails to substantially perform the duties and obligations set forth in this Agreement, either Party may terminate this Agreement upon seven (7) days written notice to the other Party, unless that Party cures the breach within the seven (7) day remedy period. Either Party may terminate this Agreement without cause upon providing thirty (30) days written notice to the other Party. 6. MODIFICATION. This Agreement contains the entire agreement between the Parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the Party against whom enforcement of such change, modification, or termination is sought. 7. INTERPRETATION. This Agreement shall be interpreted under applicable Colorado law. 8. LIABILITY. The District, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of Avon or of any officer or employee thereof. Likewise, Avon, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the District or by any officer or employee thereof. 9. NO WAIVER OF GOVERNMENTAL IMMUNITY. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Avon or the District, its officials, employees, contractors, or agents, or any other person acting on behalf of Avon or the District and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. 10. NO THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub-consultant or sub-contractor of Avon or District. Absolutely no third party beneficiaries are intended by this Agreement. Any third- party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. IGA: Eagle County School District-Town of Avon re: Bus Stops September 27, 2016 Page 3 of 3 EAGLE COUNTY SCHOOL DISTRICT RE-50J __________________________________________________ _________________ Name / Title Date ATTEST _____________________________________ Secretary TOWN OF AVON __________________________________________________ _________________ Jennie Fancher, Mayor Date ATTEST _____________________________________ Debbie Hoppe, Town Clerk APPROVED TO FORM: _____________________________________ Eric J. Heil, Town Attorney IGA: Eagle County School District-Town of Avon re: Bus Stops September 27, 2016 Page 1 of 3 INTERGOVERNMENTAL AGREEMENT Between Eagle County School District RE-50J and the Town of Avon This Intergovernmental Agreement (“Agreement”) by and between the Eagle County School District RE-50J (“District”) and the Town of Avon, a Colorado home rule municipality (“Avon”), (individually a “Party” and collectively the “Parties”), is made on September 27, 2016. WHEREAS, the District is hereby requesting the use and sharing, from Avon, of Avon’s transit bus stops located at: 901, 998 and 1061 West Beaver Creek Blvd., Avon, Colorado (“Bus Stops”); and WHEREAS, Avon is the local traffic regulatory authority on municipal streets; and WHEREAS, the District ensures that said Bus Stops are in compliance with § 42-4-1904(1), C.R.S.; and WHEREAS, the District has scheduled the above listed bus stops so that no students are crossing the roadway and therefore, the buses’ 4-way hazard lamp system is sufficient as a warning for passing motorists that the bus is either receiving or discharging students; and WHEREAS, the use of the 4 way hazards lamps are sufficient and will not impede local area traffic; and WHEREAS, C.R.S. §29-20-101 et seq. enables the Parties to enter into intergovernmental agreements and authorizes each of the Parties to perform the functions described herein, as provided in C.R.S. §29-20-105. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. USE OF BUS STOPS. Avon hereby authorizes the District’s transportation department to receive and discharge students at the Bus Stops. The District agrees to comply at all times with C.R.S. § 42-4-1901 et seq. and other applicable laws and regulations during the term of this Agreement. 2. EMERGENCY NOTICE. In case of an emergency, the Parties have provided the following primary contacts. Jane Burden, Transportation Manager Office 970-748-4111 Cell 970-390-2014 Fax 970-845-8589 E-Mail Address: jburden@avon.org Sandra Mutchler, Chief Operations Officer IGA: Eagle County School District-Town of Avon re: Bus Stops September 27, 2016 Page 2 of 3 Eagle County Schools Office: 970-328-2747 Cell: 970-435-5939 Fax: 970-328-1024 E-Mail Address: 3. EMERGENCY INFORMATION. Avon shall safeguard the use of and access to information regarding any emergency situations involving the District, provided that Avon shall at all times comply with the Colorado Open Records Act, CRS § 24-72-201 et. seq. 4. CONSTRUCTION AND IMPROVEMENT OF BUS STOPS. The Parties agree that Avon shall use $25,000 in funds received by the Avon as cash-in-lieu of school site land dedication for the construction or improvement of the Bus Stops. 5. TERM AND TERMINATION. This Agreement will be effective as of the effective date stated above and will continue until terminated. If either Party fails to substantially perform the duties and obligations set forth in this Agreement, either Party may terminate this Agreement upon seven (7) days written notice to the other Party, unless that Party cures the breach within the seven (7) day remedy period. Either Party may terminate this Agreement without cause upon providing thirty (30) days written notice to the other Party. 6. MODIFICATION. This Agreement contains the entire agreement between the Parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the Party against whom enforcement of such change, modification, or termination is sought. 7. INTERPRETATION. This Agreement shall be interpreted under applicable Colorado law. 8. LIABILITY. The District, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of Avon or of any officer or employee thereof. Likewise, Avon, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the District or by any officer or employee thereof. 9. NO WAIVER OF GOVERNMENTAL IMMUNITY. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Avon or the District, its officials, employees, contractors, or agents, or any other person acting on behalf of Avon or the District and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. 10. NO THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub-consultant or sub-contractor of Avon or District. Absolutely no third party beneficiaries are intended by this Agreement. Any third- party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. IGA: Eagle County School District-Town of Avon re: Bus Stops September 27, 2016 Page 3 of 3 EAGLE COUNTY SCHOOL DISTRICT RE-50J __________________________________________________ _________________ Name / Title Date ATTEST _____________________________________ Secretary TOWN OF AVON __________________________________________________ _________________ Jennie Fancher, Mayor Date ATTEST _____________________________________ Debbie Hoppe, Town Clerk APPROVED TO FORM: _____________________________________ Eric J. Heil, Town Attorney TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, SEPTEMBER 21, 2016 AVON TOWN HALL, ONE LAKE STREET FINAL - Avon Council Meeting 09-21-2016 Minutes.doc Page 1 1. A CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 5:31 p.m. A roll call was taken and Council members present were Sarah Smith Hymes, Scott Prince, Megan Burch, Matt Gennett, and Jake Wolf. Buz Reynolds was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Police Chief Greg Daly, Town Engineer Justin Hildreth, Executive Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT No public comments made. 4. PRESENTATION – NATIONAL NIGHT OUT COMMUNITY RECOGNITION (POLICE CHIEF GREG DALY) START TIME: 00:01:07 5. ACTION ITEM START TIME: 00:19:52 5.1. PUBLIC HEARING SECOND READING OF ORDINANCE 16-18, TO APPROVE DEED AND EASEMENTS FOR TRACT O AND LOT 39, BLOCK 4, WILDRIDGE (PLANNING DIRECTOR MATT PIELSTICKER) Mayor Fancher opened the Public Hearing and no comments were made. Councilor Gennett moved to approve second and final reading of Ordinance No. 16-18 approving the conveyance of a portion of Tract O and the acquisition of a portion of Lot 39, Wildridge Subdivision, Avon, Colorado; Councilor Burch seconded the motion and it passed unanimously by those present. Councilor Reynolds was absent. 6. WORK SESSION START TIME: OO:21:10 6.1. DIRECTION CONCERNING TERMINATION OF THE BENCHMARK PROTECTIVE COVENANTS (TOWN ATTORNEY ERIC HEIL) 7. CONSENT AGENDA Start Time: 00:25:30 7.1. APPROVAL OF THE SEPTEMBER 13, 2016 MINUTES (TOWN CLERK DEBBIE HOPPE) 7.2. APPROVAL TO CONSTRUCT THE BUCK CREEK TRAIL CONNECTOR WITH FUNDS FROM THE 2016 SOFT AND HARD TRAIL IMPROVEMENTS BUDGET IN THE CAPITAL PROJECTS FUND (ENGINEER JUSTIN HILDRETH) Councilor Burch moved to approve the consent agenda; Councilor Gennett seconded the motion and it passed unanimously by those present. Councilor Reynolds was absent. TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, SEPTEMBER 21, 2016 AVON TOWN HALL, ONE LAKE STREET FINAL - Avon Council Meeting 09-21-2016 Minutes.doc Page 2 8. WORK SESSION START TIME: 00:35:59 8.1. DISCUSSION OF THE REVIEW OF THE TOWN OF AVON SPECIAL EVENT VENUE AND FUNDING INVESTMENTS FOR THE PERIOD JANUARY 2013 – AUGUST 2016 AND DIRECTION FOR FUTURE PROGRAMMING AND FUNDING (FESTIVALS & SPECIAL EVENTS DIRECTOR DANITA DEMPSEY) Scott Stoughton, Tom Dobrez, Krista Benedetti, Lee Sims-Dobrez and Michael Cacioppo commented. 9. WRITTEN REPORTS 9.1. GIFT REPORTING –LAKE STREET UNION FESTIVAL DAY PASSES (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) 10. ADJOURNMENT There being no further business to come before the Council, the regular meeting adjourned at 10:23 p.m. RESPECTFULLY SUBMITTED: ______________________________________________ Debbie Hoppe, Town Clerk APPROVED: Jennie Fancher ________________________________ Jake Wolf ________________________________ Matt Gennett ________________________________ Megan Burch ________________________________ Albert “Buz” Reynolds ________________________________ Scott Prince ________________________________ Sarah Smith Hymes ________________________________