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08-16-10 Town Council Packets(3)<:� _�7� &5�0 , M1,W& Yl'), Rhonda Coxon From: Fox, Greer Litton [glfox @utk.edu] Sent: Saturday, August 21, 2010 4:05 PM To: Lesley Compagnone; Bill Boineau; butlermrky @aol.com; John Wilkinson; Arnie Mordkin; Reed Lewis Cc: Rhonda Coxon; barrett@purdue.edu; Colleen Doyle; George Bletsas; glfox @utk.edu; melpaul1 @earthlink.net; Mery Claire Butler; Russell Forrest; Rick Griffin; Victor Rauch Subject: Droste Piirnhaca Aim 7,A 7nln rinr Attachments: Droste The TCSV Part Time Residents Advisory Board will present the attached letter to the Council during the Public Comments portion of the TC meeting on August 23, 2010. The letter is alAW below. PART -TIME RESIDENTS ADVISORY BOARD August 23, 2010 Dear Mayor and Council Members, The majority of the Part -time Residents Advisory Board supports the Financial Advisory Board's recommendations to Council that the Town of Snowmass Village contribute $1,000,000 toward the purchase of the Droste property for open space; two of seven members support a contribution at the $2,000,000 level. We recognize the value of the taxpayers' money. We must always accurately and completely acknowledge the financial truths in order to make fully informed decisions. While the proposed funding for this transaction will not be a new tax, it is not revenue neutral. Whenever a tax is extended it costs taxpayers additional money. Whenever land is used for open space, potential future revenues and opportunity costs are lost, such as property taxes. In addition, the total purchase price for the Droste property may be excessive in the current market. Yet even in these difficult economic times, we also recognize that open space remains a valued asset in and for our community. The Financial Advisory Board's recommendation is fiscally and socially sound, and we ask you to follow it as you consider the Droste purchase. This is a legacy purchase — one that we recognize the Town of Snowmass Village has already invested five million dollars in for a conservation easement. To ensure the preservation of our town's right to the continued enjoyment of our conservation and view easement, we caution that this easement should be fully preserved and not merged with any other property rights in the open space purchase transactions. Although, as stated above, the majority of our Board does not support a $2,000,000 purchase price for the Droste property we do support those portions of Resolutions 34 and 35 which providefor fixed dollar funding for both Droste and transportation services and equipment which will protect transportation services and equipment funding from being subordinated to funding for the Droste purchase. Thank you, Part -time Residents Advisory Board Victor Rauch, Chair; Colleen Doyle, Greer Fox, John Barrett, George Bletsas, Mery Butler, Mel Blumenthal 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 RESOLUTION NO. 30 5 SERIES OF 2010 6 7 A RESOLUTION SUBMITTING A BALLOT ISSUE QUESTION TO THE ELECTORATE AT THE 8 TOWN'S REGULAR MUNICIPAL ELECTION. 9 10 WHEREAS, the Town of Snowmass Village, is a municipal corporation duly organized and 11 existing as a home -rule municipality pursuant to Article XX of the State Constitution and laws of 12 Colorado; and 13 14 WHEREAS, Article X, Section 20 of the Colorado Constitution, hereinafter referred to as 15 "TABOR ", requires the Town to submit certain questions to the electorate in the manner prescribed 16 therein; and 17 18 WHEREAS, November 2, 2010, is one of the election dates at which ballot issues may be 19 submitted to the eligible electors of the Town pursuant to TABOR; and 20 21 WHEREAS, pursuant to Section 2.2 of the Town Charter, the November 2, 2010 is a regular 22 election date of the Town; and 23 24 WHEREAS, pursuant to Section 2.1 of the Town Charter, all elections of the Town are 25 governed by the Colorado Municipal Election Code unless otherwise provided by ordinance; and 26 27 WHEREAS, Section 31 -10 -102.7 Colorado Revised Statutes, contained within the Municipal 28 Election Code, permits any municipality to elect by resolution to utilize the requirements and 29 procedures of the Uniform Election Code which will thereby permit the Town to participate in the 30 coordinated election being conducted by Pitkin County (the "County") on November 2, 2010; and 31 32 WHEREAS, the. Council now determines it is necessary to submit to the electors of the 33 Town, at the regular municipal election which will be held as a coordinated election with the County 34 on November 2, 2010 a ballot issue question; and 35 36 WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the 37 election; and 38 39 WHEREAS, the Town Council finds that the adoption of this Resolution is necessary for the 40 immediate preservation of the public health, safety and welfare. 41 42 NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass 43 Village, Colorado, as follows: 44 45 1. Ballot Question. Pursuant to the Town Charter, the Colorado Municipal Election Code of 46 1965 and the Uniform Election Code, and all laws amendatory thereof and supplemental thereto, a 47 regular municipal election shall be held on November 2, 2010, and there shall be submitted to the 48 eligible electors of the Town the question set forth as follows: 49 10 -30 Resolution Page 2 of 4 50 51 SHALL TOWN OF SNOWMASS VILLAGE TAXES BE INCREASED $200,000 ANNUALLY, 52 COMMENCING IN 2010 FOR COLLECTION IN 2011, AND BY SUCH GREATER OR LESSER 53 ANNUAL AMOUNT AS MAY BE DERIVED FROM AN AD VALOREM MILL LEVY NOT IN EXCESS 54 OF .29 MILLS ANNUALLY THEREAFTER FOR COLLECTION THROUGH DECEMBER 31, 55 20152020 (PROVIDED THAT SUCH MAXIMUM MILL LEVY SHALL BE ADJUSTED UP OR DOWN 56 TO ACCOUNT FOR CHANGES IN STATE LAW OR THE METHOD BY WHICH ASSESSED 57 VALUATION IS CALCULATED PURSUANT TO STATE LAW OCCURRING AFTER 2010, SO 58 THAT TO THE EXTENT POSSIBLE, THE ACTUAL TAX REVENUES GENERATED BY THE MILL 59 LEVY, AS ADJUSTED, ARE NEITHER DIMINISHED NOR ENHANCED AS A RESULT OF SUCH 60 CHANGES), THE REVENUES THEREFROM TO BE USED FOR THE PURPOSE OF FINANCING, 61 TOGETHER WITH PITKIN COUNTY, COLORADO, THE ACQUISITION OF A COUNTY OPEN 62 SPACE PARCEL KNOWN AS THE DROSTE PROPERTY; AND SHALL THE PROCEEDS OF 63 SUCH TAXES AND INVESTMENT INCOME THEREON BE COLLECTED AND SPENT BY THE 64 TOWN AS A VOTER - APPROVED REVENUE CHANGE IN CALENDAR YEARS 201 i 201 20 65 `Alin AND ­2 2011 THROUGH 2020 INCLUSIVE WITHOUT REGARD TO ANY SPENDING, 66 REVENUE - RAISING, OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 67 OF THE COLORADO CONSTITUTION, OR ANY OTHER LAW? 68 2. Conduct of the Election. The Council hereby provides that the Town shall utilize the 69 requirements and procedures of the Uniform Election Code of 1992, Articles 1 to 13 of Title 1 of 70 Colorado Revised Statutes as authorized pursuant to the Municipal Election Code with respect to 71 the regular election and that such election shall be coordinated with and conducted by the County as 72 provided therein. 73 74 3. Designated Election Official. The Town Clerk is hereby appointed as the designated 75 election official of the Town for the purposes of performing acts required or permitted by law in 76 connection with the election. Pursuant to Section 1 -1- 111(2) Colorado Revised Statutes, all powers 77 and authority granted to the Council may be exercised by the designated election official, including, 78 but not limited to the power to appoint election judges. 79 80 4. Direction to Certify the Ballot Issue. The Council hereby authorizes and directs the 81 designated election official to certify to the County Clerk of the County, on or before September 3, 82 2010, the question in the form set forth in Section 1 hereof. 83 84 5. Direction to enter into Intergovernmental Agreements. The officers of the Town are 85 authorized to enter into one or more intergovernmental agreements with the County Clerk of the 86 County pursuant to Section 1 -7 -116 of Colorado Revised Statutes contained in the Uniform Election 87 Code. Any such intergovernmental agreements heretofore entered into in connection with the 88 election are hereby ratified and approved. 89 90 6. Authority Upon Approval. If a majority of the votes cast on the question to authorize the 91 levy of ad valorem property taxes submitted at the election shall be in favor of incurring the levying 92 ad valorem property taxes as provided in such question, the Town acting through the Council shall 93 be authorized to proceed with the necessary action to levy ad valorem property taxes in accordance 94 with such question. 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 10 -30 Resolution Page 3 of 4 The authority to levy ad valorem property taxes, if conferred by the results of the election, shall be deemed and considered a continuing authority to levy the ad valorem taxes so authorized at any one time, or from time to time, and neither the partial exercise of the authority so conferred, nor any lapse of time, shall be considered as exhausting or limiting the full authority so conferred. 7. Ratification of Prior Action. All actions heretofore taken (not inconsistent with the provisions of this resolution) by the Town and its officers directed toward the election and the objects and purposes herein stated are hereby ratified, approved and confirmed. 8. Direction to Town Staff. The officers and employees of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution. 9. Severability. If any provision of this Resolution or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Resolution which can be given effect without the invalid provision or application, and, to this end, the provisions of this Resolution are severable. 10. Inconsistency. All acts, orders and resolutions, and parts thereof, inconsistent with this Resolution be, and the same hereby are, repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any act, order or Resolution, or part thereof, heretofore repealed. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on August 16, 2010, upon the motion of Council Member , the second of Council Member and upon a vote of _ in favor and _ opposed. Attest: Rhonda B. Coxon, Town Clerk TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor