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09-20-10 Town Council Packets SNOWMASS VILLAGE TOWN CO OP REGULAR MEETING AGENDA SEPTEMBER 20, 2010 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 5:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON AGENDA ITEMS (5- minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: RESOLUTION NO. 38, SERIES OF 2010 IN OPPOSITION OF STATEWIDE BALLOT ISSUE (Time: 5 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Resolution No. 38, Series of 2010 -Russ Forrest ...........................Page 1 (TAB A) Item No. 5: _RESOLUTION NO. 37, SERIES OF 2010 APPRECIATION FOR JAN GRENDA (Time: 5 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Resolution No. 37, Series of 2010 Rhonda Coxon ...........................Page 4 (TAB B) Item No 6: FIRST READING AND DISCUSSION ON ORDINANCE NO. 15 SERIES OF 2010 AMENDING THE REOP FEES (Time: 45 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny First Reading of Ordinance No. 15, Series of 2010 -Mark Kittle ...........................Page 6 (TAB C) Item No. 7: CLEAN ENERGY COLLECTIVE PROPOSAL FOR SOLAR PANELS ABOVE MOUNTAIN VIEW /RECOMMENDATION FROM FINANCIAL ADVISORY BOARD (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Provide direction to staff on proposal Lesley Compagnone /Fred Kucker Page 19 (TAB D) 09 -20 -10 TC Page 2 of 2 Item No. 8: LOT 44, WOOD RUN UNIT ONE RETT EXEMPTION APPLICATION APPEAL OF DENIAL OF EXEMPTION (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Approve or deny the request -Russ Forrest/John Dresser .........................Page 71 (Tab E) Item No. 9: MANAGER'S REPORT (Time: 10 minutes) Russell Forrest ...........................Page 90 (TAB F) Item No. 10: APPROVAL OF MEETING MINUTES FOR: August 16, 2010 August 23, 2010 ...1 Page 92 (TAB G) Item No. 11: AGENDA FOR NEXT TOWN COUNCIL MEETING October 4, 2010 ...........................Page 102 (TAB H) Item No. 12: COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS ...........................Page 104 (TAB 1) Item No. 13: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 3 hours (excluding items 1 -3 and 9 —13) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923 -3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. PLEASE JOIN TOWN COUNCIL FOR A SOCIAL AT TASTER'S AFTER TONIGHT'S MEETING. (If the Meeting ends before 9:00 p.m.) MEMORANDUM TO: Snowmass Village Town Council FROM: Russ Forrest DATE: September 20, 2010 SUBJECT: Resolution No. 38, Series of 2010 I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Consideration and approval of Resolution No. 38 opposing the statewide ballot question known as Amendment 61 to the Colorado Constitution and urging Snowmass Village voters to vote against Amendment 61. II. SUMMARY OF PROJECT Amendment 61 will severely compromise municipal governments ability to finance long -term capital projects overtime. III. BACKGROUND The Colorado Municipal League as well as leaders around the state are urging defeat of Amendment 61. IV. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS Should TOSV oppose and urge opposition to Amendment 61? V. STAFF RECOMMENDATIONS AND FINDINGS Staff recommends Town Council approve resolution No. 38. The ballot question language is attached. I TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 RESOLUTION NO. 38 5 SERIES OF 2010 6 7 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS 8 VILLAGE EXPRESSING OPPOSITION TO THE STATEWIDE BALLOT QUESTION 9 REGARDING PROPOSED AMENDMENT 61 TO THE COLORADO CONSTITUTION 10 11 12 WHEREAS, voters in the State of Colorado will have the opportunity at the November 2 13 general election to protect the fiscal health of local government by defeating proposed 14 Amendment 61 to the Colorado Constitution; and 15 16 WHEREAS, during this current economic downturn the Town of Snowmass Village has 17 already cut services and budgets dramatically in such areas as transportation services, 18 road funds, recreation services, landscaping, building and planning services, law 19 enforcement services and administration services; and 20 21 WHEREAS, because Amendment 61 reduces the time that indebtedness may be repaid 22 to ten (10) years, limits the amount of debt municipalities may undertake for capital 23 investments and overturns all laws, rules and practices currently imposed by TABOR; 24 and 25 26 WHEREAS, Amendment 61 directly affects the ability of municipalities to finance long 27 term capital projects such as transportation facilities and shuttle buses, recreational 28 facilities, parks, affordable housing projects and collectively with the other statewide 29 ballot questions, Amendment 60 and Proposition 101, significantly reduce or otherwise 30 restrict both state and local revenues in a number of different ways including but not 31 limited to: specific ownership taxes, telecommunication taxes, state income taxes, state 32 shared revenues to assist municipalities with local street and transit improvements, other 33 state grants and loans to help local government, and property taxes; and 34 35 WHEREAS, a number of prominent individuals, leaders on both sides of the political 36 spectrum newspapers, and organizations including our own Colorado Municipal League 37 are voicing opposition to these measures as not being in the best interests of Colorado 38 and of local communities; and 39 40 WHEREAS, state law permits the Town Council of the Town of Snowmass Village to put 41 forth this resolution as a statement of opposition to Amendment 61 to the Colorado 42 Constitution; and 43 44 45 NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass 46 Village, Colorado: 47 48 1. That the Town Council of the Town of Snowmass Village opposes the statewide 49 ballot question known as Amendment 61 to the Colorado Constitution. 50 51 52 53 1 TC RESO No. 10 -38 Page 2 of 2 54 55 56 57 2. That the Town Council of the Town of Snowmass Village urges all citizens of 58 Snowmass Village to vote against Amendment 61 to the Colorado Constitution. 59 60 61 INTRODUCED, READ AND ADOPTED, as amended by the Town Council of the Town 62 of Snowmass Village, Colorado, on the 20` day of September, 2010 upon a motion 63 made by Council Member and seconded by Council Member 64 and by a vote of in favor and opposed. 65 66 67 68 TOWN OF SNOWMASS VILLAGE 69 70 71 72 73 Bill Boineau, Mayor 74 75 76 77 78 ATTEST: 79 80 81 82 Rhonda B. Coxon, Town Clerk 83 84 85 86 APPROVED AS TO FORM: 87 88 89 90 John C. Dresser, Jr., Town Attorney MEMORANDUM TO: Snowmass Village Town Council FROM: Barbara Peckler, Arts Advisory Board Liaison DATE:. September 20, 2010 SUBJECT: RESOLUTION NO. 37 EXPRESSING APPRECIATION TO JAN GRENDA FOR HER SERVICE AS A MEMBER OF THE ARTS ADVISORY BOARD. 1. PURPOSE AND ACTION REQUESTED OF COUNCIL A. Recognition for a retiring member of the Snowmass Village Arts Advisory Board. II. DISCUSSION Jan Grenda will be moving to Boulder and will be leaving the board. She has been a great asset to the board and will be missed.. III. STAFF RECOMMENDATION The Snowmass Village Arts Advisory Board recommends that the Council give final approval for the recognition of Jan Grenda. SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 37 SERIES OF 2010 A RESOLUTION EXPRESSING APPRECIATION TO JAN GRENDA FOR HER SERVICE AS A MEMBER OF THE ARTS ADVISORY BOARD. WHEREAS, Jan Grenda was appointed by the Town Council of Snowmass Village to serve as a Member of the Arts Advisory Board on January 01, 2001 and continued serving through December 31, 2010; and WHEREAS, Jan's hard work and excellent attendance record have been an asset to the Arts Advisory Board; and WHEREAS, the Town Council appreciates Jan's dedication as a Member of the Arts Advisory Board; and WHEREAS, Mrs. Grenda's dedication, leadership, and contributions to this Town Board will be missed. NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado. The Citizens of Snowmass Village, the Snowmass Village Town Council, the Snowmass Village Art's Advisory Board, and the entire Town Staff hereby express their sincere gratitude and appreciation to Jan Grenda for her contribution to promoting a strong community and enhancing the quality of life for our citizens. INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on the 2 0 TH day of September 2010 upon a motion made by Mayor Bill Boineau, seconded by Council Member John Wilkinson and upon a vote of 5 in favor and 0 opposed. TOWN OF SNOWMASS VILLAGE BILL BOINEAU, Mayor ATTEST: Rhonda Coxon Town Clerk MEMORANDUM TO: Snowmass Village Town Council FROM: Mark Kittle. Chief Building official DATE: September 20, 2010 SUBJECT: Review of Renewable Energy Offset Program 1. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: 1. To review Ordinance 15, Series of 2010. 2. Obtain feedback from staff and the public. 3. Direct staff to: a. Approve Ordinance at 1st Reading, set Public Hearing 2nd Reading b. Amend Ordinance at 1st Reading, set Public Hearing 2nd Reading c. Deny Ordinance II. BACKGROUND Ordinance 11, Series of 2008 was implemented in the early fall of 2008. Its purpose was to regulate the fossil fuel energy use for both residential and commercial applications through on -site renewable energy methods or by paying a fee in -lieu. This section of the ordinance applies to both residential and commercial exterior energy uses including spas, swimming pools, snowmelt and heated garages. The second part of the ordinance pertains to residential building energy uses, specifically HERS (Home Energy Rating System) ratings and compliance with such. The third element of the ordinance addresses the energy uses of commercial buildings. Due to the amount of changes involved in Ordinance 11, Series of 2008, It has completely reorganized the ordinance and it is now Ordinance 15, Series of 2010. Page 2 of 3 III. APPLICABLE REGULATIONS Article XI, Section 18 -224 Town of Snowmass Village Municipal Code IV. OTHER HEADINGS RELATED TO THE TOPIC How exterior energy use compares to Aspen Pitkin County Snowmass Village APC Residential Snowmelt $34 /SF $34 /SF Residential Pool $136/SF $136/SF Residential Spa $176/SF $176/SF Commercial Snowmelt $34 /SF $60 /SF Commercial Pool $136/SF $170 /SF Commercial Spa $176/SF $176/SF Snowmass Village currently requires payment of the fee or 50% of the annual energy use to be renewable. Aspen /Pitkin issues credits per kilowatt or square feet of solar hot water, for example: A credit of $6,241.20 is given for each kilowatt of a Photovoltaic system. A credit of $1244.65 is given for each square foot of solar hot water. This method is much more flexible than our current ordinance which is an all or nothing" approach, either pay the fees or provide 50% renewable on site. The Aspen Pitkin ordinance allows partial fees with the balance in renewable credits. Please find enclosed in your packet a memorandum from the Environmental Advisory Committee outlining the latest changes and their recommendations. V. DISCUSSION ITEMS Snowmass Village currently adheres to the same provisions of exterior energy use as Aspen, Pitkin County and Basalt with Aspen being slightly more restrictive in the commercial applications, especially snowmelt. The Building Department has not encountered a great deal of opposition to the Ordinance in terms of "interior" energy use, but has had numerous discussions regarding both the commercial and residential aspects of "exterior" energy use. To date, we have only collected REOP fees on (2) projects, one being the Deerbrook Condominium renovation of the site's Page 3 of 3 exterior stairs and walkways and the other being a heated garage at Rodeo Place. Most applicants have discontinued their plans for exterior energy uses when they realized the fees involved As far as commercial "interior" energy uses, the 2009 IECC is now about 15 to 20 percent more energy efficient than the previous 2003 IECC (the code in effect at the time this Ordinance was adopted) which, in turn, makes it very difficult to comply with the code. This is the primary reason for decreasing the energy requirements for commercial buildings from the existing 30% to the revised 15% "better than the code in effect at the time This provision needs to be revised as it is almost impossible to comply. Essentially, a commercial building would have to be 50% more energy efficient than the 2003 IECC. At August 2, 2010 Regular Town Council Meeting staff proposed an Ordinance to amend the REOP program, after receiving input from both the lodging community, CORE and the Environmental Committee the Town Council requested additional collaboration between those parties. Since that time several meeting have occurred with representatives mentioned above. Based on those meetings staff has developed the attached Ordinance No. 15, Series of 2010 VI. STAFF RECOMMENDATIONS AND FINDINGS 1. Obtain citizen feedback. 2. Approve, Modify or Deny Ordinance No. 15, Series of 2010 VII. NEXT STEPS 1. No changes to draft; set Public Hearing 2. Amend draft; set Public hearing 1 Town of Snowmass Village 2 Town Council 3 4 Ordinance No. 15 5 Series of 2010 6 7 AN ORDINANCE TO REPLACE SECTION 18 -224 OF THE TOWN OF 8 SNOWMASS VILLAGE MUNICIPAL CODE 9 10 WHEREAS, the Town Council supports and promo ener conservation and 11 the use of energy efficient building practices within the To nowmass Village, and 12 13 WHEREAS, the Town Council supports n promo enewable energy 14 generation within the Town of Snowmass Village 15 16 WHEREAS, the Town Council fi ecessa and benefice establish 17 building efficiency standards that exceed thos der the T wn's Energy 18 Conservation Code, and 19 20 WHEREAS, the Town Counc necessary a ficial to require on -site 21 or community sited renewable energy e offset th ergy demand of outdoor 22 amenities such as pools, hot tubs, snowm s e d garages, and 23 24 WHEREAS, ouncil fin it necess ry and beneficial to establish in- 25 lieu fee options fo erty o rs that cho e not to employ energy efficient building 26 practices, or that wish ild hly energy c mptive outdoor amenities, and 27 28 W e re s deriv om such in -lieu fees will establish a funding 29 mecha to faci he ment of renewable energy generation projects and 30 pro to enhance e effic throughout the Village, and 31 32 W AS, the n Council finds that the adoption of this Ordinance is in the 33 best interest o Town is reasonably necessary to promote and preserve the public 34 health, safety an far 35 36 NOW, THEREFO BE IT ORDAINED by the Town Council of the Town of 37 Snowmass Village, as follows: 38 39 REPLACE IN ITS ENTIRETY: 40 Section 18 -224 Building Efficiency Standards and Renewable Energy Offset Program 41 (REOP) 42 43 WITH: 44 Section 18 -224 Home Energy Rating System (HERS) and Renewable Energy Offset 45 Program (REOP) 46 1. Residential Construction 47 48 This Section shall apply to all new residential construction regulated by the International 49 Residential Code including additions of 1,000 square feet or more. Compliance with this 50 Section will require the submission of a Home Energy Rating System (HERS) rating in 51 conjunction with the Building Permit application. Prior to receiving a Certificate of 52 Occupancy or Completion a final HERS rating certificate, based upon field inspections 53 and testing done during and at the end of construction, shall be submitted to the Building 54 Department to verify compliance. 55 56 TABLE 1 57 58 Size of Project HERS Index Fee ieu 59 60 1000 3000 SF 80 $3.00/ 61 3001 5000 SF 75 4.00 SF 62 5001 10,000 SF 70 5.00 SF 63 Over 10,000 SF 65 .00 SF 64 65 Applicants are required to achieve equired HER ex or pay the fee in lieu as 66 listed in Table 1. 67 68 This Section shall apply to interior en y u exterior energy uses, see 69 Section Three. 70 71 2. Commerc' nst tion 72 73 This Sectio 1 app mercial construction regulated by the 74 Internati Co cluding additions of 1,000 square feet or more. 75 Comp ce with thi on r es e documentation of either COMcheck or DOE -2 76 sim nergy perfo ce as d in Table 2. This simulated energy performance 77 criteria s xceed the r irem nts of the International Energy Conservation Code or 78 ASHRAE 9 hichever applicable, by at least 15% 79 8o TABLE 2 81 82 Size of Proj ct Required Submittal Fee in Lieu 83 84 1000 5000 SF COMcheck or DOE -2 6.00 SF 85 Over 5000 SF DOE -2 7.00 SF 86 87 Applicants are required to comply with the Submittal documents or pay the fee in lieu as 88 listed in Table 2 89 90 This Section shall apply to interior energy uses only. For exterior energy uses, see 91 Section Three. 92 93 3. Exterior Energy Uses 94 95 This Section shall apply to exterior energy uses including, but not limited to, outdoor 96 pools and spas, snowmelt systems and heated garages. 50% of the Annual Energy Use 97 (AEU) of all exterior systems shall be offset with on -site or off -site community 98 renewable energy systems approved by the Chief Building Official. Calculations for this 99 Section can be found in Table 3. Renewable credits for this tion can be found in 100 Table 4. 101 102 103 TABLE 3 104 105 System Type R Pay ent Option 106 107 Snowmelt 4 108 109 Swimming Pool 13 SF 110 111 Spa 176.00/ 112 113 Heated G SF 114 115 116 117 4 118 119 Rene Ene em Allowed Credit 120 121 Solar Hot er 125.00 SF 122 123 o -volt $6.25 watt 124 125 Grou ource Heat Pump (GSHP) 6.75 /100,000BTU /yr 126 (Syst must supply 20% of peak load for building heating and all exterior energy use) 127 128 Micro -hydro generation Case Specific 129 130 Wind generation Case Specific 131 132 Replacement of existing boiler $400.00 I% of increased 133 efficiency 134 135 136 137 138 139 140 Exemptions: 141 142 1. Residential snowmelt applications are allowed an exemption of 200 SF. 143 144 2. Residential snowmelt driveways exceeding 8 slope. (Specific case 145 review) 146 147 3. Commercial multi dwelling occupancies a lowed a snowmelt 148 exemption of 50 SF per dwelling. 149 150 4. Commercial and residential spas r than 64 surface area. 151 152 5. Accessible Route (as defi the IB and ANSI A 153 a. Site arrival points. cc e ro a clear and bstructed 154 path) within the site shall be d from public transportation 155 stops; accessi parking; acces assenger loading zones; and 156 public streets o alks to the a 'ble building entrance 157 served. 158 159 b. Within a site. At a e e route shall connect 160 buildings, essible f ities, accessible elements and 161 ccessi paces that on the same site. 162 163 C. ces. n a building or a portion of a building is 164 req to an accessible route shall be provided to 165 ch p of the building, to accessible building entrances 166 ectin ible pedestrian walkways and the public way. 167 168 *S n elt can be utilized to achieve these provisions without 169 of or fees. 170 171 6. ing Systems. Pre existing snowmelt, pools or spas that are 172 being ered or renovated qualify for exterior energy credit. This credit 173 can only be applied towards an installation of exterior energy on the same 174 parcel. The calculation of the credit shall be based on Table 4 of this 175 Section. An energy cost analysis of the existing system compared to the 176 proposed system will be required to satisfy this exemption. 177 178 7. Repairs. Repairs to building components, systems or equipment which 179 do not increase their pre- existing energy consumption need not comply 180 with this Section. All replacement equipment shall be subject to current 181 code provisions. 182 8. Double exemptions are not allowed under this section. 183 184 EXAMPLE 1 Snowmelt area of 1200 SF: $34.00 X 1200 .92(efFiciency rating of boiler)= $44,347.83 x 50 $22,173.92 $22,173.92 $125.00 178 SF of solar hot water panels, OR $22,173.92 $6.25 3548 watts of solar hoto aic 185 EXAMPLE 2 Ask A Lodge Property with 100 un' 100 units X 50SF per unit= 500 xe tion 5000SF 3000SF for AccesWffe Routes iK 2000SF 2000SF left for additional e sn 186 187 4. Energy Code Review Fe 188 189 An Energy Code Review fee of $1,00 or 1 e sect's building permit fee, 190 whichever is less, shall id prior to i e of in building permit. This fee 191 will cover the admini is associat with the an review and field inspections 192 to verify complian 'th this tion. 193 194 5. Fee C n 195 196 Fees be collected e To Snowmass Village Building Department prior to 197 issuanc e main pe or th roject. Collected fees shall be retained in a separate 198 account cl ed as the T n of Snowmass Village Renewable Energy Offset Program. 199 200 A building prod ill t be eligible to receive a Building Permit until the Permit 201 Applicant has de ted compliance with this Section by meeting the applicable 202 energy efficiency st ards or paying the fees in lieu. 203 204 6. Management and Appropriation of REOP Funds 205 206 Fees collected and retained in the REOP account are to be managed by the Town 207 Manager, or their designee and such designee may be determined by Resolution of the 208 Town Council of the Town of Snowmass Village. 209 210 Expenditures of REOP funds shall be used for the following purposes: 211 212 a. Planning, design and implementation of renewable energy generation projects. 213 214 b. Purchase of renewable energy offsets (credits). 215 216 c. Providing a community grant and /or rebate program for energy efficiency 217 enhancements or renewable energy generation projects. 218 219 d. Funding other resources and administrative costs associated with green 220 building and environmental sustainability oriented efforts. 221 222 Expenditures shall be consistent with the Renewable Energy set Program protocols; as 223 such protocols shall be described and approved by Resol n e Town Council of the 224 Town of Snowmass Village prior to the effective date o is Or e. 225 226 7. Effective Date and Applicabili 227 228 This Ordinance shall become effective on Nov e 2 0 and sha apply to all 229 Building Permit applications received after that date. 230 231 8. Waivers 232 233 Upon receipt of a writte ver request proje icant, the Town Council may 234 elect to waive any o provision f this o inance based upon a finding of 235 community benefit ublic s need. 236 237 9. Severab' 238 239 If an ovision of th inan plication hereof to any person or circumstance is 240 hel 1 the invali shall affect any other provision or application of this 241 Ordinanc ch can be n of ct without the invalid provision or application, and, to 242 this end, the sions of Ordinance are severable. 243 244 READ, OVED AND ADOPTED, by the Town Council of 245 the Town of Snow s Village at the First Reading on upon a motion 246 by Council Member the second of Council 247 Member and upon a vote of in favor 248 and opposed. 249 250 READ, APPROVED AND ADOPTED, by the Town Council of 251 the Town of Snowmass Village at the Second Reading on upon a motion 252 by Council Member the second of Council 253 Member and upon a vote of in favor and 254 opposed. 255 256 257 258 TOWN OF SNOWMASS VILLAGE 259 260 261 Bill Boineau, Mayor 262 263 264 ATTEST: 265 266 267 Rhonda Coxon, Town Clerk 268 269 27o APPROVED AS TO FORM: 271 272 273 John Dresser, Town Attorney 274 275 276 277 278 279 280 281 Ytl 282 STAFF MEMO September 20, 2010 TO: Mayor Town Council FROM: Mark Kittle, Chief Building Official SUBJECT: Ordinance 15, Series of 2010 Municipal Code Chapter 18, Section 224, Home Energy Rating System (HERS) and Renewable Energy Offset Program (REOP). A meeting was convened at 7:30 am September 14th with the Town of Snowmass Village Building Department Board of Appeals to discuss the revised Ordinance. The revisions to the Ordinance were discussed and changes were requested by the Building Board of Appeals as follows: 1. Delete the 50SF per unit exemption for multi- family complexes. 2. Add 90% minimum fossil fuel boiler efficiency for exterior energy uses. (2009 IECC currently requires 80% minimum.) 3. Add snowmelt moisture /temperature control requirements. (2009 IECC currently requires 50 degrees or less and moisture) 4. Add a mechanism to allow an applicant to apply for an additional exemption due to hazardous conditions or unusual circumstances. This can be done through the Building Department Board of Appeals. *These changes are not reflected in Ordinance 15 and could be included for second reading if the Council so chooses. Snowmass Village Environmental Advisory Committee Memorandum DATE: September 8, 2010 TO: Snowmass Village Town Council FROM: Anita Manchester, Chair Snowmass Village Environmental Advisory Committee SUBJECT: Efficient Building Standards and Renewable Energy Offset Program For the past month, the Environmental Advisory Committee (EAC) has been working with the Building Department, CORE, local residents and business owners to consider potential changes to the Town's Efficient Building Standards and Renewable Energy Offset Program (REOP). The Town passed the REOP ordinance in 2008 in order to ensure that new residential and commercial construction prioritizes energy efficient and renewable energy measures throughout design and building processes. Under REOP, property owners are encouraged to implement energy improvements, which help reduce utility costs and enhance long term financial stability, improve comfort levels, and decrease reliance on fossil fuels. Given recent changes in the Town's building code and the current economic environment, representatives from the lodging community, the Building Department and the EAC agreed that it was appropriate to revisit some of the requirements instated by REOP and alter them accordingly. The Chief Building Official has worked diligently to develop a compromise, which upholds the intent and integrity of REOP while also addressing concerns regarding the cost of compliance and allowable exemptions. The EAC is confident that these changes reflect the needs of the Town and its residents and are suitable alterations to the code. The EAC strongly recommends that the Council adopt the proposed changes. The following is a summary of the proposed amendments: 1. Residential Construction: Suggested changes to REOP require that new home construction receive at least a rating of 80 on the HERS Index. In our climate zone, all new homes with a HERS rating of 80 or less are eligible to receive the Energy Star label. Energy Star is a nationally recognized certification that adds value to a home, increases the home's performance and comfort, and helps homeowners reduce utility bills. The suggested changes are more lenient than the original code in order to reflect today's economic environment. 2. Commercial Construction: Suggested changes to REOP require that new commercial construction exceed current building code by at least 15 This was Snowmass Village Environmental Advisory Committee Memorandum altered from the original 30% in order to reflect changes to the Town's building code. Since implementing REOP, Snowmass Village has adopted the 2009 International Energy Conservation Code (IECC), which includes more stringent energy standards than the 2006 IECC, which was previously in place. 3. Exterior Energy Use: Suggested changes to REOP establish a new system for calculating offsets, which is more user friendly and easier to administer. Changes also incorporate the allowance of offsets through Ground Source Heat Pumps, Micro -hydro systems, Wind systems, and off -site community renewable energy systems as approved by the Chief Building Official. 4. Exemptions: Suggested changes to REOP give property owners more flexibility in where and how they utilize allowable exemptions. These changes were incorporated in order to accommodate concerns regarding the necessity of snow melting accessible routes, particularly in the lodging community. The new exemptions allow property owners to snowmelt accessible routes with no fee or offset requirement, if the accessible route area is equal to or less than the total exemption area. (Total exemption area 50 SF x number of units). For example, a property with 100 units is allowed 5,000 SF of exempted snowmelt. If the property has 3,000 SF of accessible routes, these snow melted routes are exempt from REOP and the property owner still has a 2,000 SF exemption leftover. (ex. 5,000- 3,000= 2,000 SF) However, if the property owner has 6,000 SF of accessible routes to snowmelt, the property owner must pay a fee or offset the remaining 1, 000 SF not covered by his /her exemption (ex. 5,000- 6,000= 1,000 SF). The EAC recommends that this section be amended to include an example to clarify how to calculate allowable exemptions. Lastly, the exemptions section includes suggested changes for existing systems and repairs. These changes were included in order to allow property owners to upgrade or replace systems without being subject to a fee or offset if energy consumption is not increased. TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER, LESLEY COMPAGNONE, COMMUNITY RELATIONS DIRECTOR SUBJECT: TOSV MOUNTAIN VIEW COMMUNITY SOLAR CONCEPT PLAN DATE: SEPTEMBER 20, 2010 1. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: The Town Council is requested to review the solar farm concept, with a recommendation from the FAB, and make a decision as to whether TOSV will go forward with the project as is, or deny the request. Council is being asked, in its role as a property owner, whether the concept of a solar farm located adjacent to, and north of, the Mountain View Housing project should be considered further and be allowed to go through the development review process. 2. BACKGROUND: Last year, Council approved the Town's Environmental Sustainability Plan. The first goal in that plan is: a.) Energy Conservation and Climate Protection a) Significantly reduce consumption of non renewable energy and fuels b) Increase use of locally generated, non polluting, renewable energy c) Significantly reduce greenhouse gas emissions With that goal in mind, Town staff and the Environmental Advisory Committee (EAC) set out to find actions /solutions around this goal. The EAC has been working with Clean Energy Collective and Paul Spencer for many months on the possibility of a Solar Array /Farm here in TOSV. The upfront, cash cost to the Town is zero. What the Town will have to pay up front is in land, and that is where the logistics, negotiations, and specifics will need to be addressed. 3. UPDATE ON CEC AND PROPOSAL: CEC activity in the last 4 months Since the last presentation to Council, the CEC has completed its first community -owned solar array in Holy Cross Energy's territory. The completed array is 80 kW (340 panels) on 1/3 of an acre and is located at the Mid Valley Metro District water treatment plant just down valley from El Jebel. This $480,000 facility is completely sold out (prior to construction completion) and started providing clean energy to Holy Cross in mid August. We invite any council and town staff members to join us in a private tour of the facility at your convenience. The CEC has also completed its lease of 5 acres at the Garfield County Airport in Rifle and will begin construction on a 1 MW array on this site in October. Garfield County, the airport and the FAA were all important partners in designating the low -cost use of this land for community -solar ownership. CEC is actively working with Pitkin County to pursue other sites in the upper valley as well as to create supportive building codes. There is an immediate opportunity for all local municipalities and counties to encourage their residents and businesses to own community -solar in any of our facilities, whether the facilities are located in the immediate area or not. Local governments are also eligible to own in these facilities. Proposed Snowmass Village site The proposed mountain valley site has gone through FAB review as well as a visual simulation test with actual panels erected. Concerns continue to remain centered on the positive or negative visual aspects, especially as it applies to local tourism. As such, we have requested input from the Aspen Skiing Company on the site and its potential tourism and image impacts (ecotourism) from their perspective. We hope to have this feedback for the town council at the upcoming meeting. We have also looked at several other sites with staff, but none have fit the design requirements for an applicable solar array. Compensation as part of our presentation to the FAB committee, we included several considerations in return for the town's allowance to use the land at a low lease rate. These include: Reserving 75% of the array for TOSV residents and businesses for 6 months; a direct benefit to TOSV's town residents. Offering to provide wholesale pricing for TOSV solar purchasing, up to 5% of the total array capacity. A direct savings of up to $60,000 over market rates. Providing an excellent option for TOSV customers to directly meet REOP requirements with local clean energy. The CEC proposes donating solar ownership to the TOSV equivalent in size to 1 of the installed array as the full lease payment for the property. The TOSV can designate the electricity from the solar ownership towards one of its electricity needs (affordable housing, town facilities, etc.), directly reducing the town's operational costs. At full anticipated build out, this ownership would represent roughly 4 kW of solar (initial market value of $28,000), producing roughly $124,000 of power to the town over its lifetime. 4. FAB RECOMMENDATION FOR COMMUNITY SOLAR PLAN: The Financial Advisory Board strongly urges the Town not to lease land to Clean Energy Collective. The economic return to the Town is minimal at best and the land is tied up for 50 years. At some point in the future, the land may become appropriate for employee housing. That option should not be lost for virtually no economic return. Finally the FAB is concerned that placing a solar array of that size in such a prominent place would make the Town look more like an industrial park than a ski resort. 5. EAC RECOMMENDATION FOR COMMUNITY SOLAR PLAN: The EAC fully supports the use of the Mountain View site for the solar array; it was a unanimous decision to support this site. However, if that site were to be denied, the EAC wants to aggressively pursue other sites, both within the Town of Snowmass Village, and elsewhere in the Roaring Fork Valley. 6. DEAN GORDON (SGM) INPUT ON COMMUNITY SOLAR PLAN: Dean Gordon visited the site at the Town Manager's direction and also reviewed the original construction drawings and talked about the history of the site with Joe Coffey: 1. The area north of the parking lot was not disturbed as part of the construction. 2. The area however was used to dispose of excess excavation as part of the grading of the site. 3. The current bank has up to 15' of placed soil. The soil was not placed in anticipation of providing a structural base. 4. The material as placed has not shown signs of movement or erosion. Solar Array Use of the area as a solar array would require that individual arrays "float" on the placed fill. They could be constructed with shallow footers but individual modules would need to be reinforced such that they could move as a unit and move independent of adjacent modules. As long as connections between modules were "flexible arrays could be place on the site. Additional Housing This site is similar in site restraints and topography to The Draw area above Town Hall. Units could be constructed off the existing parking lot using a garage under concept with the foundation placed on the underlying soils. Construction further up the hillside would require the removal of the placed materials or the use of piles to penetrate the placed materials for adequate foundation. Access roads would require the removal of placed materials for adequate sub -grade support. 7. BENEFITS AND DISADVANTAGES Benefits: This is an innovative public /private partnership through a Cooperative that is a leader in sustainable energy. This project would give the Town a leadership position in providing sustainable energy and act as a demonstration project to help promote other projects in the Valley. The Cooperative provides an avenue for TOSV to pursue renewable energy without utilizing public dollars. Energy created by the array goes "back into the grid essentially providing energy for Town -owned buildings and residents in Town limits. This is a responsible thing to do for the environment. It has an intrinsic value in creating a renewable energy source which is difficult to quantify. This action is consistent with the Town's Environmental Sustainability Plan. Disadvantages: Visual Impact residents and guests will be able to see the array from the mountain, the Numbered Lots and maybe the Mall. A 40 -year land lease is requested from the Town. This land, based on input from the Town Engineer, has constraints for future housing but is similar to the Draw site which has continued to be considered for a housing project. There is not an economic pay off to the Town. Other sites that are larger are more cost effective for a renewable energy project. 8. ACTION REQUESTED OF COUNCIL: Council is requested to provide direction on next steps. Options for next steps include: A) Take no further action on the proposal B) Continue to investigate the idea. Next steps would include a more specific legal overview of the lease and other documents associated with the proposal. Then a land use submittal would need to occur. C) Work with regional partners to identify other sites that are less visually prominent and may be more cost effective to explore. Attachments: Solar Farm Picture.doc Solar Energy FAB.pdf r �h��� #ytyt f s j ?rt`1; t S �S� rtt j P4 t ;l f iY 5 t t t! t r: t t t r :E?44� i E}'��r S It I..Fr `#3 ;y E� 1 J3 f 3t€ yi r �)tl 5r E3 Y i tr 7 �k{' Y 2 D kyt br kl a� t��Y'l`fJ 4`}4�i� i :i f 1 {S� r {.4l y5? J a 72.Y14 Y i f f J £ff 4y }E.l t E! H, 'kt`� e t a to ,Y;, 7 r �v t E j 1 r r t sYtxtz"'���Y {F a�C iJ h �,ts wi trr t� rtt rtt t����zYf �t ti tr� E }z 5, f a s s et s ,.,E ;t.. a 3< t #P �k�Y air #i y J c t �#:'2t 1j t�`3 t s i tz iE t z+S s t t �tt ��1`��;t� j .l it '?f`x�.'iE?i1 y3 Y'I },1. 1 €z Y��: �"gll z n;� tyi1 k3 i �Srf n 1 1 tgit '}}��i f t.. C t'tYr t t i:4 "y�sz ya� €k`ss�'�`�d ti,� v t i 1 }r�:.Y� 5f47 J s j., s5+ j {3. y t) fx 2 f....rt r4 r{ `><tst tt) �.1F tti��i s x< Vi i {�3 s n 2�f���Y�a r i }i��ti ''y�x�:`t�`5�h�ft�k'e �4'#;�. ctt '�t� iza c. �y t 4 #r� 34 n z s' ��E 'z'� c� �t�1r43, s`?�'�t� r4 �i A� t r zj�Y�S�t�i{ i 4�'�ttta�'� ?��{��:t ��r:�a�� �x t �;r; }a,�x ������t� f t �,4 �E {a=�,,.i�,? Y <�r t y �1t", �x` rs,. a... �w.ria..r TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER, LESLEY COMPAGNONE, COMMUNITY RELATIONS DIRECTOR SUBJECT: TOSV MOUNTAIN VIEW COMMUNITY SOLAR CONCEPT PLAN DATE: MAY 3, 2010 PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Receive a presentation on the process required to build a solar array /farm in Snowmass Village and provide feedback. Council is being asked, in their role as a property owner, whether the concept of a solar farm located adjacent to, and north of, the Mountain View Housing project should be considered further and be allowed to go through the development review process. BACKGROUND: Last year, Council approved the Town's Environmental Sustainability Plan. The first Goal in that plan is: 1.) Energy Conservation and Climate Protection a) Significantly reduce consumption of non-renewable energy and fuels b) Increase use of locally generated, non polluting, renewable energy c) Significantly reduce greenhouse gas emissions With that goal in mind, Town staff and the Environmental Advisory Committee (EAC) set out to find actions /solutions around this goal. The EAC has been working with Clean Energy Collective and Spencer for many months on the possibility of a Solar Array /Farm here in the Town of Snowmass Village. The upfront, cash cost to the Town is zero. What the Town will have to pay up front is in land, and that is where the logistics, negotiations and specifics will need to be addressed. Paul Spencer will provide a presentation on exactly how the Collective works; the benefits to the Town, its residents and the environment. Benefits and Disadvantages: Benefits`. This is an innovative public /private partnership through a Cooperative that is a leader in sustainable energy. The'Cooperative provides an avenue for TOSV to pursue renewable energy without utilizing public dollars. Energy created by the array goes "back into the grid essentially providing energy for Town -owned buildings and residents in Town limits. This is a responsible thing to do for the environment. Disadvantages: Visual Impact residents and guests will be able to see the array from the mountain, the Numbered Lots and maybe the Mall. A 40 -year land lease is requested from the Town. ACTION REQUESTED OF COUNCIL: Listen to presentation and provide direction to staff on whether to pursue a Solar Farm in the Town of Snowmass Village. Attachments. Solar Farm Specifics.pdf Clean Energy Collective TOSV.pdf Solar Farm Council Presentation. pdf TOSV Draft Solar Farm Lease. pdf 0 Cfean Energy GLLECT v' To.: Russell Forrest, Town Manager, Town of Snowmass Village From: Paul Spencer, the Clean Energy Collective Re: TOSV Mountain View Community Solar Array Concept Plan Date: April 7, 2010 Name of the person or entity making the request Paul Spencer, President, Clean Energy Collective (CEC) 401 Tree Farm Drive, Carbondale, CO 81623 Contact: 970: 948-6309, PAul@easycleanenergy.com Location: Northeast comer of Mountain View Affordable Housing. Please see attached map. Total Area: Approximately 2.7 acres Proposed use (commercial/private) The parcel will host approximately a 750 kW community-owned photovoltaic elect system (solar array). This system will be fully owned by customers of Holy Cross Energy (HCE) whom choose to purchase solar in the community-owned array, therefore providing greater access to renewable energy ownership to customers in the Town of Snowmass Village and the HCE territory. HCE is a full partner in the project and plans to offer customers in the community-array equivalent benefits to what it delivers for roof- mount'solar projects (power credits, rebates, REC Payments). The CEC will develop, manage and maintain the project on behalf of its HCE customers. Upon approval, the CEC plans to immediately prepare the site, including installing the transformer, 3 Phase line extension and the Power equipment box. The actual PV panels will be installed over the course of approximately 2-3 years in 100 kW 200 kW tranches. The installation pace will be determined by how quickly HCE customers purchase within the array. Buildings: A small power equipment box, not to exceed 255sf, is proposed on-the property to serve as storage for electrical equipment and tools. The dimensions will be approximately 8.5 feet wide by 29 feet long. The power box will not exceed 12 feet in height and will Comply with all building permit requirements. r. Roads and Parking: Minimal, if any, grading will be needed for this project. There are no permanent roads or parking requirements for the site. After the construction phases are complete the site will not need regular access by vehicles. We anticipate that maintenance trucks will be able to drive directly onto the property without the need for road grading given the shallow slope and minimal vegetation on the property. Other structures: Rows of solar racking and panels will span the parcel from east to west, .facing 10 *east of solar south. The racking and solar panels will not interfere with any other existing property operations. Security cameras may be placed throughout the parcel and fencing installed, pending additional research. The solar racking will not exceed 15 feet in height. Please see attached racking cutaway diagram. Utility Connection: A transformer will be placed on the site and will be directly connected to the existing 3 Phase power line in coordination with Holy Cross Electric. Lease proposal The proposed land lease agreement will be between the Town of Snowmass Village and the Clean Energy Collective. The CEC will serve as the facility's maintenance and hosting organization for the solar array on behalf of Holy Cross customers. The power production of the solar panels will feed directly into Holy Cross Energy's transmission system and serve a variety of immediate commercial and residential customers in Holy Cross' territory, most prominently the Mountain View affordable housing units. In order to support a project with maximum benefit to the Town of Snowmass Village residents the CEC proposes a long -term, no -cost land lease agreement of 40 years with renewal options. The Lessee (CEC) shall carry general liability and other applicable insurance as deemed necessary by the Town, at the CEO's sole expense. Should the CEC cease to exist for any reason, our Operation and Maintenance Agreement and Escrow Agreement detail that the escrow agent shall appoint'a replacement operation and maintenance contractor for which the owners (local residents and businesses) will adopt in a timely €ashion or all ownership of the array and the associated escrow accounts shall pass to the Town of Snowmass Village as the Lessor. Ownership The ownership of the solar array will reside with those Town of Snowmass Village and Holy Cross Energy residents and businesses that elect to purchase solar equipment within the facility. The ownership of the base common infrastructure for the array will reside with the CEC with an agreement of perpetual no -cost use to the solar array owners. Maintenance n Operation The operation and maintenance of the facility is performed by the CEC and funded by independently held M&O Escrow funds, managed by a third party escrow agent or trustee. 2 Proposed timetable for development plan The CEC will work with the Town of Snowmass- village staff to submit a minor facility application with the town. Construction of infrastructure improvements will begin within eight weeks of all needed approvals. 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C.7- 0 V w L O O `o 4-j C cn C U 11,J C 'T3 _0 c cri Lt V) LL as CO co L E L 0 co N w (D E o s w U .w cm C L C .Q, L am w 0 L 0 C C: U -a CO u co C co L- 0 0 w E s U C O -Q E s 0 0 co p -a c .0 w 0 a� C: 0 co CD i CIO O Q� cn V c cz CL V c ,O O V O co c W U U V to 4-J CL CL C: c o u co C: C" O .am V O O O 0 0 4 4-J solow O v to 4-J 4� 4-J a) R3 4--) c E a) to V cl. CL ci c� Q o O -C 4—) 4-J L.. 4-J �as ca Q? cu u o Q.C.) co c x CC%. a 0 C� o t� co E CD LU CO tLo 0 r 4 M co O r y 6 yt U) CO a� u o c E C C cu O co E7 w z w CA w Lij 0) Lij d U LLJ f MONO 0 a o m r 0 0 ca rl L v 0 CL 7) c� c� s a LEASE AGREEMENT TOWN OF SNOWMASS VILLAGE T r7QaQR and THE CLEAN ENERGY COLLECTIVE LESSEE This land lease agreement made this day of 2010 between the Town of Snowmass Village "TOSV whose address is P.O. Box 5010 Snov ass Village, CO 8161$ "Lessor and the Clean Energy Collective, LLC ("CEC whose address is 401 Tree Farm Drive, Carbondale, CO 81623 "Lessee WHEREAS the Lessor owns certain real property cominanly known as Snowmass Village, CO 81614 its Pitkin County, Colorado, which is more particularly described on Exhibit A andss'hown 6nExhibit B (the "Property and WHEREAS the Lessor is authorized to make such decisions concerning the Property as it sees expedient and conductible to its interests; and WHEREAS Lessee wishes to Iease a portion of t ;'roperty in order to conduct community -owned renewable energy generation activities.for use by Holy Cross Energy customers, which portion of the Property;cansts of approxtfriately acres within the location depicted on Exhibit C (the "Leased Parcel! -);3C o: WHEREAS the parties hereto have agreeq upon terms and conditions of said lease and wish to reduce their oral agreerrYnt to a written contract involving a term of years and certain terms and conditions; and: NOW THEREFORE-,.:in consideration of the foregoing premises, the mutual covenants contained herein andthe,.pliYment of the rent specified herein, the sufficiency of which is hereby acknowledged, ffie Lessor and Lessee agree as follows: 1. The above RECITALS' are true and correct. 2. LEASED PA9CEL. The Lessor hereby leases to Lessee upon the terms and conditions of this agreement, a parcel of land situated in the Property, commonly known as Snowmass Village, CO 81615, comprising of approximately acres "Leased Parcel more generally shown on Exhibit C attached hereto and incorporated herein. Within sixty (60) days of the mutual execution of this Agreement, the parties shall stake the Leased Parcel on the Property and Lessor shall have the Leased Parcel surveyed at Lessee's expense. This survey shall become Exhibit Cl to this Agreement and shall be fully incorporated herein. 3. USES. Confidential 0 Copyright 2010 Clean Energy Collective 1 A. Lessee shall use the Leased Parcel for the following specified community owned solar array and no other purpose. Lessee is fully responsible for the construction, security and maintenance of the solar array at its sole expense. B. Lessee may install solar panels, racking, inverters, equipment housing structure, transformers and necessary electrical interconnections in order to complete and maintain a functioning solar electric (PV- photovoltaic) system. C. Lessee may clear only the minimal amount of land needed for community owned solar array up to the aforesaid Leased Parcel and must abide by any applicable Colorado Department of Health air :.quality permitting requirements and any applicable requirements of the 1 E9-1e County Land Use or Building Code, including but not limited t& any necessary excavation permits. Lessee will not build .parking spaces gg road access or any other disturbance not appr�wed in writing by"the Lessor during the life of this Agreement. D. The permitted uses, as described alzgfi, shall- ptherwise be in accordance with all applicable Municipal, Courn State and Federal Codes and Regulations as amended. 4. TERM. A. The Term of this agreem�iiti: hall_begin on f the day of 20I0 no matter the date of exeon a��ire on the day of 2040 "Base Term uialess .sbbner terminated under provisions of Paragraph 10, below. Lessee;Il have the right to extend the term for one (I) additional oP.ertty (20) year period of time, in accordance with Sections 4.B below.. B. Option ta'.Extend- •Ttlrough Year 2060. L "20 -Year :Extension. The Lessee shall have the right to extend the 4—a- T'erm of the Agreement for a period of twenty (20) years, 06,0" _day of 2040, through the r day of 20615.(. -2- D -Year Extension Term provided that the Lessee is not in defkilt under the terms of the Agreement and that the Leased Parcel and associated improvements are determined by the Lessor to be in good.and serviceable condition. Option Exercise. The Lessee shall notify the Lessor in writing, at the address, facsimile and "email set forth below, of its intention to exercise the option for the .20 -Year Extension Term at least three (3) months prior-to the expiration of the Base Term. Lessor's Repair and Maintenance "Punch List. Upon written notice from the Lessee that it is exercising the Option to the 20- Year Extension Term, Lessor shall advise the Lessee that either no repair or maintenance is needed or shall provide the Lessee with a "punch list" of repair and items to be completed at the Lessee's expense on or before the expiration of the Base Term. Confidential 0 Copyright 2010 Clean Energy Collective iv. Lessor's Options Upon Non Extension. Upon ending of the Base Term without exercise by Lessee of the option to extend, the Lessor shall have the following options: I. Upon approval by the Lessor and consistent with all applicable municipal, county, state or federal codes and regulations, the Lessee may remove the solar equipment and associated improvements and shall re -grade and otherwise reclaim the Leased Parcel within 90 days of the expiration of the Base Term. 2. If the Lessor determines that that the Lessees has abandoned the'Leased Parcel, title to the equipmenftshall automatically pass to the Lessor. a. The Leased Premises shall* be deerriidabandoned thirty (30) calendar dayk after the exp tr�fijn date of Lease if the Lessee has failed to provide written Notice of its intention to assign the lease under Paragraph 3,1%iy,1 or to -ptmove the solar equipment under Paragrap&3 B,7?a;2. Said notice shall be delivered to Lessor`Iz way of U.S. Registered or Certified Mail, Retu*- Requested, at the addre�_specifled in Paragraph 14 of this Agrepment. b. The: shall be deemed abandoned one tlriji cl<ed and twenty (120) calendar days after the expiration date of the Lease if the Lessee has failed-ld:essign the lease under Paragraph 3, B, iv, I or completed removal of the solar equipment under Paragraph 3, B, iv,2. i. Lessor shall at its sole discretion have the option to extend the one hundred and twenty (120) calendar day requirement. 5. RENT AMOUNT AND TERMS OF PAYMENT A. Amounf. Lessee, without further demand or request, shall pay the sum of $10 per year. B. Place of payment and late fee /interest. Payment shall be made to the order of Town of Snowmass Village'and delivered to the office of TOSV at P.O. Box 5010 Snowmass Village, CO 81615. In the event that the payment is not received by the close of business the 5th day of January of each year, the Lessee shall be in default hereunder, and if payment is not received within seven calendar days of the due date, a late fee of 5% of the payment shall be paid be the Lessee along with the rental amount due. 6. ALTERATIONS OR IMPROVEMENTS. Lessee shall not install any non removable structures or fixtures on the Leased Premises, other than as allowed in Confidential Copyright 20I0 Clean Energy Collective I this Agreement. This Agreement allows fencing of the Leased Parcel at Lessee's sole description and cost, and permits signage, transformers, a line extension and the solar array as described in Paragraph 3.13, above. Lessor must approve the fencing design and specifications prior to Lessee's construction thereof. 7. ACCESS. Lessor shall provide a means of continual vehicle access to the leased premise for Lessee. Such means shall constitute a road suitable for utility vehicle access. 8. LIENS BY THIRD PARTIES. In the event any individual or entity attempts to assert a lien against the Leased Parcel, Lessee shall hold the Lessor harmless from such claim, including the costs of defense, which shall i4dtude attorneys' fees, and shall provide the Lessor with a Release of Lien. 9. INDEMNITY AND INSURANCE A. Indemnification Lessee shall and hereby agrees to indemnify and forever hold the Lessor, any employees, direetrs, officers, successors, assigns, or legal representatives of the Lessor and the Property and Leased Parcel free and harmless from and against: i. Any and all iia�ii penalties, losses, damages, costs and expenses, causes of action otairris; or judgments arising from or growing out of any injury or injuries to any person or persons or any damage or damages to any property as a result of any accident or other -000urrence idj ring the term of this Agreement occasioned by tiiiy act or acts, .Omission or omissions of the Lessee, its mombers, managers, employees, agents, servants, subtenants, contractors guests, invitees, or licensees, or arising from or grov4ng out of the condition, use, maintenance, occupation, or operation of the Leased Parcel during the term of this Agreement; and ii: From and against all legal costs and charges, including reasonable attorneys' fees, investigative costs and fees incurred in and about such matters and the defense of any action arising out of the same or in discharging the Leased Parcel or any part thereof from any and all liens, charges, or judgments which may accrue or be placed thereon by reason thereof; and iii. Lessee agrees that it will indemnify Lessor as to each and every employee and independent contractor that visits or works for CEC for any damage that may occur in which said person attempts to hold Lessor responsible for any act or omission arising from a claim which results from the condition of the Property or Leased Parcel in any way. B. Insurance. During the term of this Agreement, including any extensions, Confidential Cy Copyright 2010 Clean Energy Collective 4 Lessee shall maintain insurance applicable to its occupancy of and operations on the Leased Parcel, in at least the following minimal amounts and shall name Lessor as an additional insured on all any General Liability policy: GENERAL LIABILITY: $500,000.00 per person, $1;000,000.00 per occurrence; AUTOMOBILE LIABILITY: $250,000.00 per person, $600,000.00 per occurrence; WORKERS COMPENSATION: As required by Colorado law. Prior to construction, Lessee shall provide Lessor with a copy of all such policies. 8. MAINTENANCE AND SECURITY. Lessee shall keep the• Leased Parcel in good order and condition and shall deliver the Leased Parcel to the Lessor at the termination of this Agreement in as good order and condition as the beginning of the term, normal wear and tear excepted. This Agreement shall nOi, create in the Lessor any obligation to provide security for the Leased Parcel. 9. UTILITIES AND WATER RIGHTS. Utilities are not provided to the Leased Parcel. Lessee is permitted to extend power to the Leased Parcel at its sole cost. Further, the Leased Parcel is not irrigated and no water rights of any type, for agricultural purposes or otherwise, are conveyed to the Lessee under this Agreement. Lessee shall not disturb, disrupt or interfere with any irrigation laterals located on the Leased Parcel. 10. ADDITIONAL TERMS AND CONDITIONS. A. Operation and J ,(aintenance Agreement All of the terms and conditions of the paragraphs entitled "Dissolution Event" and "Indemnification" attached hereto as Exhibit.D•"shall be included by Lessee in all of Lessee's Oper4'bn and, Maintenance Agreements with the Owners served by power from the scalar array located on the Leased Parcel, and shall be enforceable by Lessor -es Lessor is the "Solar Host" as defined therein. 13 escrow Agreement All of the terms and conditions of the paragraph entitled' "Dissolution" as attached hereto as Exhibit E shall be included by Lessee: in all of the Lessee's Escrow Agreements with the Owners served by po-Wer from the solar array located on the Leased Parcel and shall be enforceable by Lessor as Lessor is the "Solar Host" as defined therein. C, Reference to this Agreement in all Agreements with Owners .Lessee shall Include the following language in all Operation and Maintenance Agreements and Escrow Agreements that it enters into with all Owners served by power from the solar array located on the Leased Parcel: "This Agreement is subject to the terms and conditions of the Ground Lease entered into between CEC and.TOSV dated 2010." D. Relocation of Solar Arra on the Property In the event Lessor, in its sole discretion, determines that it needs the Leased Parcel for its own and exclusive use, Lessor shall have the right to relocate the solar array, along with all other personal property and improvements of Lessee to any other Confidential Copyright 2010 Clean Energy Collective 5 Part of the Property, at Lessor's sole cost, after providing Lessee 30 days written notice of such determination. The relocation site is subject to Lessee's approval, which approval shall not be unreasonably withheld. I I. TERMINATION. A. Without cause. Unless renewed pursuant to section 3, this Agreement shall terminate pursuant to the expiration of the Base Term, defined in Paragraph 3, above, and Lessee may terminate this Agreement upon sixty (60) days written notice to the Lessor of Lessee's intent to. terminate. B. Lessee's breach. This Agreement may also be terminated by the Lessor upon breach by Lessee of any term or condition contained herein. In the event Lessee's possession is terminated by reasQp. of Lessee's default prior to expiration of the term of this Agreement, Lessee shalt be resp.©nsible for the rent for the remainder of the term, subject to the Lessor duty to mitigate such damages. i. In the event of Lessee's breach .,af any monetary or insurance covenants contained herein, the Lessor, in addition to any other rights to which it may be entitled by law, will give thirty (30) calendar days written requiring. payment of money then due and owing and/or proof of irfAtrance or, in the alternative, surrender of possession .df the Leased Parcel. Said notice shall be delivered to Lessee by: way of U.S. Registered or Certified Mail, Return Receipt Requested, at the address specified in Paragraph 14, below. 4f such a!- default remains uncorrected after the thirty (�0) day cure period, the Lessor, at its option, may terminate this Agreement and enter and repossess the Leased Parcel and all improvements, with or without process of law, without liability for trespass or forcible entry, and without prejudice to any other remedies to which the Lessor may be entitled. In such event, Lessee agrees to peaceably surrender the Leased Premises to the ;Lessor. Upon termination, Lessee shall have ninety (90) days to teturn the premise to its original state. ii. In the event of default by Lessee in the performance of its covenants, agreements, and obligations hereunder, other than those described in Subsection B. i., above, or in the event of abandonment by Lessee of its possession of the Leased Premises, in addition to any other rights to which the Lessor may be entitled by law, the Lessor will give Lessee thirty (30) days written notice requiring remedy of the stated default or, in the alternative, surrender of possession of the Leased Premises. Said notice shall be delivered to Lessee by way of U.S. Registered or Certified Mail, Return, Receipt Requested, at the address specified in Paragraph 14, below. If such default or abandonment remains uncorrected Confidential (D Copyright 2010 Clean Energy Collective 6 after the thirty (30) day cure period, the Lessor, at its option, may terminate this Agreement and enter and retake possession of the Leased Premises and all improvements, with or without process of law, without liability for trespass or forcible entry, and without prejudice to any other remedies to which the Lessor may be entitled. In such event, Lessee agrees to peaceably surrender the Leased Premises to the Lessor. C. Perso_ n_ al property anon termination Upon termination, Lessee must remove its personal property from the Leased Premises, suoject, however, to the claims of the Lessor for payment of any financ izl' arrearage. If Lessee fails to remove any and all personal propel: 'located upon the Leased Premises within three (3) months after rinination of this Agreement, by its terms or otherwise, then the.:L sli41 become sole owner of said property located upon the Leaned Parcel, frei d clear of any claims by Lessee or Owners who ha=ae contracted with lessee for power. through the solar array. The foregoing PMvision not withstanding, if any property remaining upon the Leased_ 'reel has no value to the Lessor, Lessee shall be liable to the'assor.-for the cost of removing said property from the Leased Parcel. D. Termination due to nonuse. This AgreemeRtshall terminate and have no force and effect in the eydiif1essee has failed to commence construction of the solar array pursuant -to the`t�tit:�-oftMs Lease within one year of the effective date hereof. 12. SUBLEASE, ASSIGNN— MNT, MORTGAGE. This Agreement shall not be assigned in whole or in part by Lessee without Lessor's written approval, which approval shall nii`t 'be unreasonably withheld, and no portion of the Leased Parcel shall be sublet. Lessee -shall- not have the right to pledge its leasehold interest as security for any purpose. 13. INSPECTION. The Lessor and its. authorized designees shall have the right to enter the Leased Parcel at any reasonable time and, except in the event of an emergency, upon reasonable notice for the purpose of inspection in the exercise of its governmental or police powers and, specifically, to investigate compliance .with the terms of this Agreement. 14. COMPLIANCE WITH LAWS AND RULES AND REGULATIONS. The right to use and occupy the Leased Parcel shall be exercised in conformity with the sfatutes, ordinances, resolutions, codes, rules and regulations pertinent to Lessee's tenancy of the Leased Parcel and conduct of operations on the Leased Parcel, as such may be promulgated from time to time by the Lessor, the State of Colorado, the Federal Government, and other governmental and quasi governmental entities. Lessee shall be responsible that its employees, representatives, contractors, agents, guests, and business invitees comply with such and shall be liable for any and all fines and penalties assessed to the Lessor as a result of action or omission Confidential Copyright 2010 Clean Energy Collective 7 by Lessee or its employees, representatives, contractors, agents guests, and business invitees. Without limiting the generality of the covenants contained in this Paragraph 14, Lessee specifically agrees to pay all taxes levied upon its possessory interest and personal property and to obtain and pay for all licenses, permits and other authorization required in order to operate its business, as described herein, on the Leased Parcel. 15. NOTICE. Every notice of other communication required by this Agreement shall be delivered in writing to the address stated below, unless a raw address is provided by written notice of one party to the other. Such notice of a change of address or of the identity of the contact person shall :riot require formal amendment to this Agreement. LESSOR: Town of Snowmass Village Russell Forrest Town Manager P.O. Box 501.0 Snowmass Village, CO 81615 phone fax LESSEE: The Clean Ener- gy:Collective ("CEC") Paul Spence><i President: 401 Tree Farrn,EVNii Cart Oq, Colorado 81623 16. CONTROLLING LAW VENUE, FEES AND COSTS. This Agreement shall be gft reed by the laws •of the State of Colorado and venue for all action shall be in Eagle County, Colorado. Should this Agreement become the subject of litigation to resolve a claim of default, the prevailing party shall be entitled to recover its reasonable attorney's fees, expenses and court costs, and such rights shall survive the termination of this Agreement. 17. WAIVER. No failure to strictly enforce the terms of this Agreement shall be deemed a waiver by either party unless such waiver is in writing and executed by the party against whom enforcement of the waiver is sought. No waiver by either party of any failure of a party to comply with any term or condition of this Agreement shall be construed to be a waiver of any other failure by such parry to comply with the same or any other term or condition of this Agreement. 18. GENERAL PROVISIONS. This Agreement is binding upon and shall inure to Confidential Copyright 2010 Clean Energy Collective S the benefit of the parties and their respective successors in interest. The headings and paragraph numbering used herein are for convenience of reference and are not intended to define or limit the scope of any provision of this Agreement. If any term of this Agreement is held to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect. 19. AMENDMENT. All amendments to this Agreement shall be made in writing and shall be executed with the same formality as this Agreement, except for changes in notice, as detailed in Paragraph 15, above, and changes in rmt, detailed in Paragraph 5, above. 20. HOLDING -OVER. If, after the expiration of the term of this- treement, Lessee remains in possession of the Leased Premises and contintiies to pay 9011t, without a written agreement as to such possession, then such tenancy shall beMgarded as a month -to -month tenancy, subject to the terms. and of this Agreement, at the monthly rent then in effect in accordance with Paragraph 5, above, payable in advance. 21. RELEASE OF LIABILITY. It is expressly understood that the Lessor cannot be legally bound by the represenwiff6 fs. s f any of its officers or agents or their designees except in accordance With TOS 'V's R.ttles and Regulations and local, state and federal laws, and that when _dealing with the Lessor, Lessee acts at its own risk as to any representation ax undertaking by the Lessor's officers, agents or designees which is. ently Meld unlawful by a court of law. 22. CAPTIONS. e`captiow in this_Agreement are inserted only for the purpose of convenient xderence .an&in no'.way define, limit or prescribe the scope or intent of this Agre6M01 R or any part thereof. 23. INVALID PROVIs1pNS. If any provision of this Agreement shall be determine to be void by any court of competent jurisdiction, then such determination shall not affect any other provision hereof, all of which other provisions shall remain in full force and effect, and such void provision shall be replaced with a valid Provision which most closely sets forth the intentions of the parties. It is the intention of the parties hereto that, if any provision of this Agreement is capable of two constructions, one of which would render the provision void and the other that would render the provisions valid, then the provision shall have the meaning that renders it valid. 24. COMPLETE AGREEMENT. This Agreement constitutes the entire and complete agreement of the parties on the subject matter herein. No promise or undertaking has been made by any party, and no understanding exists with respect .to the transaction herein contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the parties Confidential C Copyright 2010 Clean Energy Collective Q are embodied and merged into. this Agreement. Confidential Copyright 2010 CIean Energy Collective 10 IN WITNESS WHEREOF, the Lessor and the Lessee have set their hands and seals this day of 2010. Town of Snowniass Village LESSOR: Date: Print Name: Signature: Title: STATE OF COLORADO COUNTY OF ss. The foregoing instrument was acknowledged before me on this day of 2010, by as of Town of Snowmass Village. Witness my hand and official seal. My commission expires: Notary Public Confidential Q Copyright 2010 Clean Energy Collective 17 The Clean Energy Collective "CEC LESSEE: Date: Print Name: Paul Spencer Signature: Title: President STATE OF COLORADO COUNTY OF ss. The foregoing instrument was acknowledged before me on this day of 2010, by Paul Spencer as President of the CEC. Witness my and 01ficial seal. My commissimexpires: Notary Public Confidential C Copyright 2010 Clean Energy Collective 12 Exhibit D OPERATION AND MAINTENANCE AGREEMENT INCLUSIONS DISSOLUTION EVENT: Clean Energy Collective Dissolution: In the event that the 'CIean Energy Collective is voluntarily or involuntarily dissolved. The Owner(s) shall have thirty (30) calendar days after receiving Trustee notice to either- 1. Accept the assignment of this Agreement to an independent third party operation and maintenance contractor "Replacement Operator chosen by the Trustee assigned, -rider the Escrow Agreement or ii. To remove the Owner's Alternative Ett'ergy System from -xhe Site at the Owner's sole cost. Removal of the Owner's Alternative Energy System must be in accordance with. the Co- Location Agreement and Escrow Agreements incorporated herein via reference. iii. In the event the Owner does not elect to accept the assignment of this Agreement per the terms of article I O.a.i. or remove Owner's Alternative Energy System per the terms of article IO.a.ii within the allotted thirty (30) calendar day period, title to the Alternative Energy System and Owner's funds remaining in the Operation and Maintenance Escrow Fund shall automatically pass to the Solar Host with or without process of law, without liability for trespass or forcible•entry, and without prejudice to any other remedies to ,Which the Solar HosLmay be entitled. In such event, Owner agrees to peaceably surrender the.Alternative Energy .System to the Solar Host. INDEMNIFICATION Scope of Indemnification: iv.. The Owner shall indemnify, defend and hold harmless the Operator, its Affiliates and its and their respective directors, officers, employees and agents "Operator Indemnified Persons from and against any liability, loss, damage, claim, cost, charge or expense of any kind or nature, including reasonable attorneys' fees, expenses and other costs of litigation (collectively "Damages incurred by any Operator Indemnified Person in connection with (i) injury to or death of any person or damage to the property including the Facility (ii) any claims by third parties, in each case, as a result of or otherwise relating to (A) the breach by the Owner of any of its obligations under this Agreement, (B) the gross negligence or willful misconduct of the Owner, its Affiliates and Confidential 0 Copyright 2010 Clean Energy Collective its and their respective directors, Officers, employees and agents, or (C) the Facility; provided that the Owner shall not be liable to indemnify any such Operator Irdemnified Person for any Damages to the extent that such Damages are to be indemnified by the Operator pursuant to Section 6.a(ii) or are the result of the gross negligence or willful misconduct of the Operator or, in respect of any such Operator Indemnified Person. v. Subject to the limitation of liability under article I2 Operator shall indemnify, defend and hold harmless the Owaler, its Affiliates and its and their respective directors, officers, exriployees and agents "Owner Indemnified Persons from:Nn dl_ ainst any Damages incurred by any Owner indemnified Person connection with (i) injury to or death of any persot..or damage W Pro perty including the Facility and (ii) any chins by third parties; in each case, as a result of (A) the breach -by the Operator of any of its obligations under this Agreement or (the gross -negligence or willful misconduct of the Operater, i Affiliates and its and their respective directors, officers, erloyees and agents; provided that the Operator shalt not be liable to it Ott nify any such Owner Indemnified Person• Io the..extent Darriages are the result of the negligence or wilful m1sMJ10tW fthe Owner or any such Owner Indemnified Person` or the- breach by the Owner of any of its obligations under tFQs greement. Vi. Owtfer and. Operator l lI indemnify and hold harmless any Solar ,most, its ©ff ceX_ employees, agents and assignees from and 4ainst:4f1' claims and damages of any kind, including attorney's ees, �Fought by anyone, arising out of this Agreement or out of Ow»r's or Operator's or its contractors', agents', guests', business invit1 es'.or employees' use and occupancy of and/or operations on the Situ; other than those resulting from the negligence or willful misconduct of the Solar Host its officers, agents, employees, and assigns. Confidential Copyright 2010 Clean Energy Collective 1 A Exhibit E ESCROW AGREEMENT INCLUSIONS Dissolution In the event that the Operator is voluntariiy or involuntarily dissolved: a. The Trustee shall have the right and obligation to appoint and assign the Operation and Maintenance Agreement, the Co- LocatiollAgreement, and this Agreement to an independent third party, opemtion and maintenance contractor "Replacement Operator )�ihin sixty (60) days of receiving written notice of such dissolute the Operator or otherwise determining within it is reasonable dfii cretion that the Operator has been dissolved. i. The Trustee shall provide wmd6n notitt.to the Owner within ten (I 0) calendar days of appointing and assigning contracts to a "Replacement Operator ii. Owner has thirty (30) calendar day "fter receiving written notice identifying lie_ "Replacemeni'OOerator" to accept the Trustee's appcsiYCted RepJg0_ Operator or to remove Owner's Alternative- Energy System from the Site at the Owner's sale exp:j) a and in accordance with the Co- Location Agm_'9 ant. I _In the evenf:the Owner elects to remove the Owner's AlternatiVi Energy System from the Site, the escrow funds shall be handled in accordance with Article 10 of this Agreement. iii. Ix the event the Owner does not elect to accept the assignment of h Agreement per the terms of article 9.a.i. or, remove Owner's Alternative Energy System per the terms of article 9.a.ii within the allotted thirty (30) calendar day period, title to the Alternative Energy System and Owner's funds remaining in the Operation and Maintenance Escrow Fund shall automatically pass to the Solar Host with or without process of law, without liability for trespass or forcible entry, and without prejudice to any other remedies to which the Solar Host may be entitled. In such event, Owner agrees to peaceably surrender the Alternative Energy System to the Solar Host. 2. Indemni Confidential Copyright 2010 Clean Energy Collective 15 a. The Owner shall indemnify, defend and hold harmless the Operator, its Affiliates and its and their respective directors, officers, employees and agents "Operator Indemnified Persons from and against any liability, loss, damage, claim, cost, charge or expense of any kind or nature, including reasonable attorneys' fees, expenses and other costs of litigation (collectively, "Damages incurred by any Operator Indemnified Person in connection with (i) injury to or death of any person or damage to the property including the Facility (ii) any claims by third parties, in each case, as a result of or otherwise resting to (A) the breach by the Owner of any of its obligations und Agreement, (B) the gross negligence or willful misconduct of thebwner, its Affiliates and its and their respective directors, ofFu" -0,r�Ecpmployees and agents, or (C) the Facility; provided that the Owner shallmot be liable to indemnify any such Operator Indemnified-kerson for anybin to the extent that such Damages are to be indemnified by the Operator pursuant to Section I Lb. or are the resiilt of the-gross negligence or willful, misconduct of the Operator ter, in res�pbct of any such Operator Indemnified Person. b. Subject to the limitation of liability under. article 12, the Operator shall indemnify, defend and the miner, its Affiliates and its and their respective d fectors,'bffr eM;- and agents "Owner Indemnified Persons irom and against any Damages incurred by any Owner indemnified Per$ _iri connection with (i) injury to or death of any person qs damage to'p operty including the Facility and (ii) any claims. by'ihird j arties, in.:� .ch case, as -a result of (A) the breach by the Operor of any of its., bligations under this Agreement or (B) the gross n exigence .ciiuiifffififiisconduct of the Operator, its Affiliates and its affd.�?lf'ei.r:-F�6spective directors, officers, employees and agents; provided that ffie, Qperator shall not be Iiable to. indemnify any such Owner hidemnified:Person to the extent Damages are the result of the hdg`ligence`Or willful misconduct of the Owner or any such Owner Indmnified Person or the breach by the Owner of any of its obligations unifier this Agreement. c: Owner and Operator shall indemnify and hold harmless the Escrow Agent; or Trustee, its officers., employees, agents and assignees from and against all claims and damages of any kind, including attorney's fees, brought by anyone, arising out of this Agreement or out of Owner's or Operator's or its contractors', agents', guests'., business invitees' or employees' use and occupancy of and/or operations on the Site, other than those resulting from the negligence or willful misconduct of the Solar Host, its officers, agents, employees, and assigns. Confidential (D Copyright 2010 Clean Energy Collective 16 d. Owner and Operator shaII indemnify and hold harmless any Solar Host, its officers, employees, agents and assignees from and against all claims and damages of any kind, including attorney's fees, brought by anyone, arising out of this Agreement or out of Owner's or Operator's or its contractors', agents', guests', business invitees' or employees' use and occupancy of and/or operations on the Site, other than those resulting from the negligence or willful misconduct of the Solar Host, its officers, agents, employees, and assigns. Confidential Copyright 2010 Clean Energy Collective 17 MEMORANDUM TO: Snowmass Village Town Council FROM: John Dresser DATE: September 20, 2010 SUBJECT: Lot 44, Wood Run Unit One RETT Exemption Application Appeal of Denial of Exemption I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: East Aspen Three, LLC "EA3 is appealing the Town Manager's denial of their requested exemption from the Real Estate Transfer Tax "RETT relating to EA3's purchase of Lot 44, Wood Run Unit One Subdivision (the "Lot Town Council, acting in its quasi-judicial capacity, is requested to hear the appeal and make a determination on the appeal of the denial of exemption. II. SUMMARY OF APPEAL EA3 purchased the Lot from First Community Bank (the "Bank after the Bank had foreclosed the Bank's loan. At the foreclosure sale conducted by the Public Trustee for Pitkin County (the "Trustee the Bank was the high bidder and received a Certificate of Purchase from the Trustee. The Bank subsequently sold the Lot to EA3 and assigned the Certificate of Purchase to EA3 which entitled EA3 to receive a Confirmation Deed from the Trustee. EA3 contends that the transfer is exempt from RETT pursuant to Snowmass Village Municipal Code "SVMC Section 4- 95(14) as amended by Ordinance No. 14, Series of 2010 August 2, 2010 which states: 14) a) Any transfer by deed in lieu of foreclosure, on the condition that. i. Such transfer shall be exempt only if the grantee in such deed is the same person or entity which is the holder, payee, or beneficiary (as determined at the time of the transfer by deed) of the debt or instrument which is being canceled, in whole or in part, in exchange for the transfer; and ii. Such transfer shall be exempt only to the extent of the current amount of the debt which is being canceled in exchange for the transfer. 1 b) Any transfer by sheriffs deed, trustee's deed or other conveyance of real property in connection with an execution sale, foreclosure sale by the public trustee under a power of sale, court decree foreclosing a mortgage, deed of trust or other security instrument, or court decree of lien foreclosure, on the condition that: i. Such transfer shall be exempt only if the grantee in such deed is the same person or entity which is the holder, payee, or beneficiary (as determined at the time of the commencement of foreclosure or execution) of the debt or instrument which is the basis of the proceeding, or such person or entity is a junior lienor exercising redemption rights pursuant to a lien that was recorded prior to commencement of the foreclosure or execution; and ii. Such transfer shall be exempt only to the extent of the current amount of the obligation satisfied at the execution or foreclosure sale, plus any obligations to prior lien holders paid from the sale; and iii. The certificate of purchase or other evidence of purchase issued by the person or entity conducting the sale shall, if the above described conditions are met, be exempt from the within transfer tax. If the conditions are not so satisfied, there shall be a tax imposed as provided herein, at the time of the issuance of the certificate of purchase or other evidence of purchase issued by the person or entity conducting the sale, which payment shall be made to the Town in escrow. If no redemption is made by the owner, the tax shall become absolute to the Town upon expiration of owner's redemption periods. If redemption is made by owner, the tax shall be refunded to the person who paid it to the Town. A transfer of the certificate of purchase or other evidence of purchase issued by the person or entity conducting the sale shall be subject to a transfer tax. The deed issued by the person or entity conducting the sale is not a transfer subject to the transfer tax. In denying the Application for Exemption, the Town of Snowmass Village "TOSV determined that, pursuant to the Code language above, the foreclosure sale by the Trustee to the Bank was the transfer to which an exemption under SVMC Section 4- 95(14) applied. TOSV determined that the Bank's subsequent sale of the Lot to EA3C was not exempt. Secondly, TOSV found that, pursuant to 2 SVMC Section 4 -91, the RETT tax is due upon transfer of the Lot and said transfer in this case occurred August 18, 2010. III. BACKGROUND EA3's argues that because it contracted with the Bank to purchase the Certificate of Purchase on August 2, 2010 that it should not be bound by the amendment that provided clarification of exemption No. 14. EA3 states that "The amendment effectively levies a tax on transactions that had not been subject to a tax." EA3 further states "...we believe fairness dictates that the ordinance should be applied to this transaction as it was in effect at the time East Aspen Two agreed to purchase the property" EA3 also states "All of the negotiations were conducted with the understanding that the transaction would be exempt from the tax, and the price for the Certificate of Purchase was established on that basis." IV. APPLICABLE REGULATIONS Snowmass Village Municipal Code "SVMC Section 4 -91 provides: "Said tax shall be due and payable at the time of transfer and contemporaneously therewith" SVMC Section 4 -93 provides definitions: Consideration means the gross consideration paid for the real property affected by the transfer and shall include actual cash paid, the fair market value of real and personal property delivered or conveyed in exchange for the transfer, or contracted to be so paid, delivered or conveyed in return for the transfer, and shall include the amount of any lien, mortgage, contract indebtedness or other encumbrance or debt, either given to secure the purchase price, or any part thereof, or remaining unpaid on the property at the time of the transfer. The term consideration does not include as an addition to gross consideration the amount of an outstanding lien or encumbrance in favor of the United States, the State or a municipal or quasi- municipal corporation or district for taxes or assessments for special or local benefits or improvements. In the event the transaction or transfer is by lease agreement not specifically exempted in Section 4 -95 below, the consideration shall be deemed to be the capitalized value of the average annual rental under the lease, computed as follows: the average annual rental over the entire term of the lease (including any renewal term, plus the actual consideration, other than rent, paid or to be paid) shall be computed and the average annual rent multiplied by ten (10) shall equal the capitalized value. The payment of ad 3 valorem real property taxes, insurance and the assumption of maintenance obligations under any lease agreement shall not be included in the annual rent- capitalization computation; however, capital improvements required to be made shall be part of the actual consideration. When the average annual rental cannot be determined for a lease agreement, or at the election of the Town Manager, the consideration therefor shall be based upon the appraised total value of the property covered by the lease as determined by an independent appraisal obtained by the Town Manager and paid for by the purchaser, or upon the capitalized value of the rentals and other consideration in terms of the present worth of the stream of rentals and other consideration under the lease and any other economic considerations to reflect the capitalized value of the transferred or leased property. SVMC Section 4 -96(b) provides the procedure for an appeal of a denial of a request for exemption from the Real Estate Transfer Tax "RETT as follows: Any person whose claim of exemption duly applied for under the provisions of this Section is denied by the Town Manager may immediately appeal to the Town Council for a determination of such exemption, and such appeal shall be considered by the Town Council within thirty (30) days of receipt of the same. In the event of a determination by the Town Council favorable to the appellant, any amount previously deposited, or so much thereof as may be allowed by the Town Council, shall be promptly refunded to the person paying or depositing the same. If a decision is not made by the Town Council within thirty (30) days of the receipt of the appeal, the decision will be deemed favorable to the appellant, unless the appellant has obtained a continuance of the matter, in which case the Town Council shall make its decision within six (6) months after receipt of the appeal. SVMC Section 4- 100(c) provides: Notwithstanding the provisions of Section 4 -95, if an artifice or device is employed in connection with the transfer of real property, which term artifice or device means a transaction or transactions a substantial purpose of which is to evade the provisions of this Article and the imposition of the tax hereunder, then such transfer will nevertheless be subject to the land transfer tax. Artifice or device includes, but is not limited to, (1) a transfer to a corporation, partnership, limited partnership, joint venture, business trust or other association or organization followed within three (3) years by an assignment of the controlling interest in such association or organization, and (2) such a transfer plus the intent at the time of transfer to ultimately assign the controlling interest in such association or organization. 4 V. DISCUSSION ITEM Is the transfer of Lot 44 from the Bank to EA3 exempt from RETT? VI. STAFF RECOMMENDATIONS AND FINDINGS Staff has already made a determination that it believes the transfer is not exempt and denied the request for exemption. Staff reasoned that the tax is not due until the transfer of the property and not at the time of negotiation or contract. Staff reasoned that the RETT tax was not due in this case until the transfer took place on August 18, 2010. Ordinance No. 14, Series of 2010 (the Ordinance that clarified the extent of RETT exemption No 14.) was effective August 2, 2010 and had been in effect for 15 days by August 18, 2010.. It is unchallenged that pursuant to the clarification of the exemption accomplished by Ordinance No 14, the transfer is not exempt. Staff also reasoned that if, as stated by EA3, the entire transaction was negotiated and contracted with avoidance of RETT as a substantial purpose, then SVMC Section 4- 100(c) should apply. In the alternative, staff reasoned that if the clarification of Ordinance No. 14 was not applicable, that while on its face the transaction appears to be "pursuant to a foreclosure" as provided by the prior exemption in the Code, staff believes that the questioned transfer is not a transfer "pursuant" to a foreclosure, but rather it is actually a transfer "subsequent" to the foreclosure proceeding and not exempt from RETT. The consideration paid for the property was paid by EA3 to the Bank, not the Trustee, after the Bank had acquired the rights to the property. The foreclosure of the lien was complete at that time. Staff believes that the exemption was originally provided in order that lenders would not have to pay a transfer tax when they recover the property that was security for a loan that has failed, not so that any number of subsequent purchasers could buy the property without being subject to the transfer tax so long as they simply continued assigning the Certificate of Purchase without taking a Confirmation Deed. 5 Quattlebaum, Grooms, Tull Burrow A PROFESSIONAL LIMITED LIABILITY COMPANY 111 Center Street Suite 1900 Little Rock, Arkansas 72201 (501) 379 -1700 (501) 379 -1701— Fax Daniel D. Boland Direct Dial dboland @qgtb.com 501- 379 -1710 Direct Fax 501- 379 -3810 September 7, 2010 Via email to r arrest0.,to,sv.com Mr. Russell Forrest, Town Manager Town of Snowmass Village Re: Appeal from denial of Application for Exemption from Real Estate Transfer Tax Lot 44, Wood Run Unit One Dear Mr. Forrest: Please accept this letter as East Aspen Three, LLC's appeal to the Town Council of the denial of its Application for Exemption from the Town of Snowmass Village Real Estate Transfer Tax in connection with the conveyance of the above referenced property from the Pitkin County Public Trustee to East Aspen Three, LLC. The chain of events leading to the transaction in question is as follows: 1. First Community Bank foreclosed a deed of trust encumbering the subject property. The Public Trustee of Pitkin County held the foreclosure sale on July 28, 2010. 2. First Community Bank was the successful bidder at the foreclosure sale, and the Public Trustee issued a Certificate of Purchase to the Bank. 3. Hunter East, the owner of East Aspen Two, LLC, then negotiated with the Bank to buy the Certificate of Purchase. The negotiations were completed and the Bank and East Aspen Two, LLC entered into a Letter of Intent on Monday, August 2 during the day. 4. The Town Council amended the transfer tax ordinance the evening of August 2. We did not know the Town Council was meeting that evening to consider the amendment and did not learn of the amendment until Tuesday, August 3. 5. On August 18, East Aspen Three, LLC, as assignee of East Aspen Two, LLC, closed the purchase of the Certificate of Purchase and used it to obtain a Confirmation Deed to the property from the Public Trustee. Prior to the August 2 amendment, Section 4 -95 (14) of the transfer tax ordinance exempted from the tax "Transfers pursuant to judicial or public trustee foreclosure of a mortgage lien or deed of trust." The amendment to the ordinance on August 2 changed this exemption so that it no longer exempts transactions such as the one that is the subject of this appeal. The amendment effectively levies a tax on transactions that had not been subject to a tax. Based on Section 4.10 of the Town Charter, it appears that the amendment should not have been made to go into effect immediately on an emergency basis. It appeared to us throughout the negotiations to acquire the Certificate of Purchase, that the transaction was exempt from the tax under the exemption as in effect at that time. All of the negotiations were conducted with the understanding that the transaction would be exempt from the tax, and the price for the Certificate of Purchase was established on that basis. East Aspen Three would like to avoid testing the matter in court, but under the circumstances, we believe fairness dictates that the ordinance should be applied to this transaction as it was in effect at the time East Aspen Two agreed to purchase the property. I have attached copies of the Certificate of Purchase, the Confirmation Deed, and the August 2 Letter of Intent. Thank you for your consideration of this matter. Very truly yours, QUATTLEBAUM, GROOMS, TULL BURROW PLLC Daniel D. Boland Janice K. Vos Caudill, Pitkin County, co Y— vv PUBLIC TRUSTEE'S CERTIFICATE OF PURCHASE CRS §3 8-38 -401 Public Trustee Foreclosure Sale No. 09-77 1, the undersigned Public Trusteq, certify that pursuant to the power and authority vested in me by law and by the Deed of Ttrrst described as follows: Ongural G 1 141 Wood Run, LLC an Illinois Limited Liability Company Original Beneficiary(ics) First Community Bank Current holder of Evidence of Debt First Community Bank Date of Doed of Trust Suns 26, 2009 County of Recording pig Rowrdng Date of Deed of Trust August 01, 2009 Reception No. and/or Book No. and Pago No. 527068 Original Principal Amount s 2,900.000.00 AND, upon Notice of Election and Demand being filed with me and recorded in said County as follows: Recording Date of Notice Of 21=tion and Demand Septembor 29, 2009 Recording Reception No. 563242 Pursuant to -103, first mailed a Combined Notiec to the original grantor(s) of said Deed of Trust and to any persons required to be noted by CRS §38- 38.100.3, §38- 38.103, and §3 &38 -305. I further published the Combined Notice, in Tate Aspen Times Weekly, a newspaperof general circulation in said Pitkin County as prescribed by law. AND, on July 28, 2010 at 10:00 A.M., at Pitkin County Courthousq at the south front door, 506 E Main St, Aspen, Colorado, l exposed to public sale the property situate in the aforesaid Pitkin County, State of Colorado, described as follows: Lot 44, Wood Run Unit One, according to the Plot recorded December 211966 in Plat Book 3 at Page 116 under Reception Na 126197, County of Pitkin, State of Colorado Also known by street and number as: 1191 Wood Road, SNOWMAS% CO 81615 At said salq First Community Bank, hercina:fter "Purebasee', whose legal address is 4582 S ULSTER STREET, SUITE 650, DENVER, CO 80237, bid the sum of $3,402,437.68 for said property. Being the highest and best bid received thcrefo the said property was struck off and sold to the said P6urchaser. Unless a redemption is made, the said Purchaser or assignee of the Certificate of purchase, shall be entitled to a confirmation deed for said property at the end of all redemption periods allowed by law to all subsequent lienors, and other persona entitled to redeem. A copy of the. executed Order Authorizing Sale and the Mailing List(s) submitted to the Public Trustee for this foreclosure are attached to and made a part of this Certificate of Purchase, The public trustee shall retain the recorded certificate of purchase in the public trusted's records. Executed on July 28, 2010 Thomas Carl Oken, Public Trustee in and for the County of Pitkin, State of Colorado •'�pSPEN 'lt` By. Tiffany Waricura, Chief Deputy Public Trustee o �ZLbRt0.'� r When Recorded Retum to: Pitkin County Public Trustee ecoloado Public Trustcc5 Assoduion devised 1 Yl10a9 l RECEPTION 572748, 08/18/2010 at 02 :52:24 PM, 1 OF 1, R $11.00 !]F $0.00 Janice K, Vos Caudill, Pitkin County, CO ff 1 CON"MMATION DEED (CRS §3 8-3 8-502) Publie Trustee's Foreclosure Sale No. 09 -77 THIS DEED is made August 18, 2010 between Thomas Carl Oken as the Public Trustee in and for the County of Pitkin, State of Colorado, grantor and EAST ASPEN THREE, LLC, grantee, the holder of the certificate of purchase whose legal address is 1 PALISADES DRIVE, LITTLE ROCK, AR 72207, by virtue of an assignment from First Community B whose legal address is 4582 S ULSTER STREET, SUM 650, DENVER, CO 80237. WHEREAS, the Grantor(s) described below did convey to the public trustee, In trust, the property hereinafter described to secure the payment of the brdebtness provided in said deed of trust: Original B or(s) Original Berle 1191 Wood Run, LLC an Illinois Limited Liability Company cncficiar} (ies} First Community Bank Current Holder of Evidence of Debt First Community Bank Date of Deed of Trust June 26, 2009 County of Recording Pitkin Recording Date ofDccd of Trust August 0l, 2009 Rceordinglnfonna tion(Recoption and/or Book &Page) 527068 WHEREAS, a violation was made in certain of the terns and covenants of said deed of trust as shown by the notice of election and demand for sale filed with the Public Trustee; the said property was advertised for public sale at the place and in i the manner provided by law and by said deed of trust; combined notice of sale and right to cure and redeem was giv as required by law; said property was sold according to said combined notice; and a certificate of purchase thereof was en made t and recorded in the office of said county Clerk and Recorder, and WHEREAS, all periods of redemption have expired. NOW, THEREFORE, the Public Trustee, pursuant to the power and authority vested by law and by the said deed of trust, confirms the foreclosure sale and stills and convoys 10 grantee the following described property located in the County of Pitkin, State of Colorado, to wit: Lot 44, Wood Run Unit One, according to the plat recorded December 23, 1966 in Plat Book 3 at Pago 116 under Reception No. 126197, County of Pitkin, State of Colorado Also known by sweet and number as: 1191 WoodRoad SNOV1"8. CO 81615 To have and to hold the same, with all appurtenances, forever, 1 Executed on: August 18, 20Y0 f Thomas Carl OkcN Public Trustee in and for the County ofPitl in, State of C;,olorado T1 j„ eW,SM by: T cu u f Deputy Public Trustee When Recorded Retun to: Pitldn County Public Trustee i 0 Colorado Public TnrsmeS Assoeiadon Revised =009 EAST AsPEN Two, LLC 1 PALISADES DRIvE LITTLE Roca, ARKANSAS 72207 August 2, 2010 Mr. Curt Rautenstraus Attorney for First Community Bank Rautenstraus Joss, P.C. 824 Pine Street Louisville, CO 80027 Re: LOT 44, WOODRUN UNIT ONE, According to the recorded plat thereof recorded December 21, 1966 in Plat Book 3 at Page 116 as Reception No. 126197 COUNTY OF PITKIN, STATE OF COLORADO, also known as 1191 Wood Run, Snowmass Village, Colorado (the "Property") Dear Mr. Rautenstraus: I understand that: (i) your client, First Community Bank, was the successful bidder at the public auction of the above referenced Property held on July 28, 2010, pursuant to a Notice of Election and Demand for Sale by Public Trustee recorded September 29, 2009 as Reception No. 563242, in connection with the Deed of Trust from 1 191 Wood Run, LLC for the use of First Community Bank, dated July 26, 2006 and recorded August 26, 2006 as Reception No. 527068; (ii) as a result of its successful bid, First Community Bank holds a Certificate of Purchase (the "Certificate of Purchase with respect to the Property issued by the Public Trustee of Pitkin County, Colorado (the "Public Trustee and (iii) the Certificate of Purchase is freely assignable and, subject to rights of redemption afforded by Colorado law, entitles the holder thereof to receive a deed of the Property from the Public Trustee. This letter will serve as the offer of East Aspen Two, LLC "East to purchase the Certificate of Purchase, and all rights afforded the holder of said Certificate of Purchase from and after the date hereof, from First Community Bank for a price of $3,200,000.00, subject to the following terms and conditions: (a) East's obligation to close will be contingent upon East's receipt from Stewart Title Guaranty Company or another title insurance company acceptable to East, of a commitment for an owner's policy of title insurance in favor of East in the amount of the purchase price insuring good and merchantable title in East free of liens, encumbrances or rights of redemption and containing no requirements other than the assignment of the Certificate of Purchase to East, the issuance of the deed to the Property by the Public Trustee, customary evidence of East's and First Community Bank's authority to carry out said transactions and such other requirements as are acceptable to East in East's reasonable discretion. East shall also be reasonably satisfied that the Public Trustee stands ready and willing to issue the deed to East upon presentation of the Certificate of Purchase and the assignment thereof to East. (b) East represents that East has inspected the Property to East's satisfaction and is aware of all existing damage to and defects in the improvements to the Property. East will accept the Property in its present condition, and East's obligation to close will NOT be contingent upon an inspection of the Property, other than an inspection immediately prior to closing to verify that the Property has not suffered any material additional damage after the date hereof. (c) Upon acceptance of this offer, East will deposit with Stewart Title, Aspen Division, the sum of $100,000 as earnest money to be applied against the purchase price at closing. In the event the purchase does not close due to the failure to satisfy the conditions set forth in this letter or otherwise through no fault of East, the earnest money will be refunded to East. CIosing will take place on or before August 26, 2010, at which time the purchase price will be paid by East and risk of loss will pass to East. (d) A commission of 2% of the purchase price will be payable to Gary Kelly of Joshua Company at closing. East and First Community Bank will each pay half of this commission. First Community Bank will pay for an owner's policy of title insurance in favor of East, will pay all property taxes, assessments, county taxes, water and sewer charges, dumpster fees and other governmental charges with respect to the Property, prorated through the date of closing, and will pay for any materials or services furnished with respect to the Property which could be asserted as a lien on the Property, including, if they are lienable, claims for services performed by Lines in Space (survey), Sherlock Holmes (tree removal) and Mighty Mouse. Settlement or closing fees will be shared equally by First Community Bank and East. If the terms outlined above are acceptable to First Community Bank, please have First Community Bank sign below to indicate its intent to sell the Certificate of Purchase on these terms and to negotiate in good faith a comprehensive purchase agreement reflecting these terms. This offer will expire unless accepted before 4:00 p.m. Mountain Time on Monday, August 2, 2010. Sincerely, EAST ASPEN TWO, LLC By: James Hunter East Revocable Trust, Member By: _a I A James Hunter East, Trustee ACCEPTED: First Community Bank S:V/ B. September 1, 2010 Daniel D. Boland Quattlebaum, Grooms, Tull Burrow, PLLC 111 Center St., Suite 1900 Little Rock, AR 72201 RE. Town of Snowmass V11age Real Estate Transfer Tax Exemption Application Lot 44, Wood Run Unit One Dear Mr. Boland: I am in receipt of the Application for Exemption from Real Estate Transfer Tax dated August 23, 2010 you submitted on behalf of East Aspen Three, LLC regarding the transfer of Lot 44 in Wood Run Unit One situate in the Town of Snowmass Village from First Community Bank to East Aspen Three, LLC. I am also in receipt of your letter of August 24, 2010 providing supplemental information in support of the requested exemption. Unfortunately, I do not believe the transaction is an exempt transfer pursuant to the Snowmass Village Municipal Code and cannot certify that the transaction is exempt from the Snowmass Village Real Estate Transfer Tax. I have concluded the transaction is not exempt because it does not qualify pursuant to Town of Snowmass Village Ordinance No. 14, Series of 2010. That Ordinance provides a clarification of Exemption No. 14 codified in the Snowmass Village Municipal at Section 4- 95(14). It provides as follows: a) Any transfer by deed In lieu of foreclosure, on the condition that: I. Such transfer shall be exempt only If the grantee In such deed is the same person or entity which is the holder, payee, or beneficiary (as determined at the time of the transfer by deed) of the debt or Instrument which is being canceled, in whole or in part, In exchange for the transfer; and ii. Such transfer shall be exempt only to the extent of the current amount of the debt which Is being canceled in exchange for the transfer. b) Any transfer by sheriffs deed, trustee's deed or other conveyance of real property in connection with an execution sale, foreclosure sale by the public trustee under a power of sale, court decree foreclosing a mortgage, deed of trust or other security Instrument, or court decree of Hen foreclosure, on the condition that: I. Such transfer shall be exempt only if the grantee in such deed Is the same person or entity which is the holder, payee, or beneficiary (as determined at the time of the commencement of foreclosure or execution) of the debt or instrument which Is the basis of the proceeding, or such person or entity is a junior lienor exercising redemption rights pursuant to a lien that was recorded prior to commencement of the foreclosure or execution; and H. Such transfer shall be exempt only to the extent of the current amount of the obligation satisfied at the execution or foreclosure sale, plus any obligations to prior lien holders paid from the sale; and Ill. The certificate of purchase or other evidence of purchase issued by the person or entity conducting the sale shall, if the above described conditions are met; be exempt from the within transfer tax. if the conditions are not so satisfied, there shall be a tax imposed as provided herein, at the time of the issuance of the certificate of purchase or other evidence of purchase issued by the person or entity conducting the sale, which payment shall be made to the Town in escrow. if no redemption is made by the owner, the tax shall become absolute to the Town upon expiration of owner's redemption periods. If redemption is made by owner, the tax shall be refunded to the person who paid it to the Town. A transfer of the certificate of purchase or other evidence of purchase Issued by the person or entity conducting the sale shall be subject to a transfer tax. The deed issued by the person or entity conducting the sale is not a transfer subject to the transfer tax. I would also point out that the tax in question is not due until the transfer of the real estate and because the above Ordinance was enacted as an emergency measure it was effective immediately on passage which was prior to the tax being due. Please be advised that East Aspen Three, LLC may appeal this decision to the Town Council pursuant to Article Five of Chapter Four of the Snowmass Village Municipal Code. Sincerely, Russell Forrest Town Manager Quattlebaum, Grooms, Tull Burrow A PROM 81ONAL LIMITED LIABILITY COMPANY 1I1 Center Street Suite 1900 Daniel D. Boland Little Rock, Arkansas 72201 (501) 379 -1700 dboland @ggtb.com Telecopier (501) 379 -1701 Writer's Direct Dial (501) 379 -1710 August 24, 2010 Via email to rforrest @tosv. com Mr. Russell Forrest, Town Manager Town of Snowmass Village Re: Application for Exemption from Real Estate Transfer Tax Lot 44, Wood Run Unit One Dear Mr. Forrest: Attached you will find an Application for Exemption from the Town of Snowmass Village Real Estate Transfer Tax in connection with the conveyance of the above referenced property from the Pitkin County Public Trustee to my client, East Aspen Three, LLC. The basis for the requested exemption is Section 4 -95 (14) of the tax ordinance, which was amended by vote of the Town Council on Monday evening, August 2, 2010. Prior to the amendment, the ordinance exempted "Transfers pursuant to judicial or public trustee foreclosure of a mortgage lien or deed of trust." The deed of the property from the Public Trustee to East Aspen Three, LLC was pursuant to a foreclosure of a deed of trust encumbering the property on behalf of First Community Bank, the holder of the deed of trust. First Community Bank was the successful bidder at the foreclosure sale of the property held on July 28, 2010, and the Public Trustee issued a Certificate of Purchase to the Bank. Hunter East, the owner of East Aspen Two, LLC, then negotiated with the Bank to buy the Certificate of Purchase from the Bank. The Bank and East Aspen Two, LLC entered into a Letter of Intent on Monday, August 2 during the day. The Town Council amended the ordinance that evening. We did not know the Town Council was meeting that night to consider the amendment and did not learn of the amendment until Tuesday, August 3. (I believe the Town's website still shows the ordinance in its pre- amendment form.) It appears to us, and appeared to us throughout the negotiations to acquire the Certificate of Purchase, that the transaction was exempt from the tax under the ordinance as in effect at that time. All of the negotiations were conducted with the understanding that the transaction would be exempt from the tax, and the price for the Certificate of Purchase was established on that basis. Under the circumstances, we believe fairness dictates that the ordinance should be applied to this transaction as it was in effect at the time East Aspen Two agreed to purchase the property. (The agreement was actually closed in the name of a new entity, East Aspen Three, LLC, pursuant to the agreement negotiated by East Aspen Two, LLC). In addition to the Application for Exemption, I have attached copies of the Certificate of Purchase, the Confirmation Deed, and the August 2 Letter of Intent. Thank you for your consideration of this matter, and should you need any additional information, please do not hesitate to contact me. Very truly yours, QUATTLEBAUM, GROOMS TULL BURROW PLLC Daniel D. Boland t E PLEASE INCLUDE AN ADDRESS WHERE A SIGNER COPY OF THIS FORM MAY BE RETURNED Application for Exemption from Real Estate Transfer Tax PLEASE ENCLOSE $25.00 PROCESSING FEE PER EXEMPTION INSTRUCTIONS TWO (2) DUPLICATE ORIGINALS OF THIS FORM MUST BE COMPLETED BY THE PURCHASER OR A REPRESENTATIVE AND PRESENTED TO THE TOWN MANAGER TOGETHER WITH A COPY OF THE DEED OR OTHER INSTRUMENT OF CONVEYANCE THAT INDICATES NO MONIES HAVE EXCHANGED HANDS ON THE 3RD PAGE PLEASE COMPLETE ALL INFORMATION THAT IS MARKED WITH A CHECK PLEASE REFERENCE THE SECTION OF THE MUNICIPAL CODE THAT RELATES TO THIS EXEMPTION r BE SURE TO FILL IN THE LEGAL DESCRIPTION NO INCOMPLETE; APPLICATIONS WILL BE PROCESSED The undersigned hereby applies for an exemption from the payment of the Real Estate Transfer Tax for the conveyance r from C ax t> ,rl,u c2k, 4, L 4 GTv���� ����r Cr� C� (Seller) to 0(54 4 SAX,, ­7�1, �n� c� (Purchaser), dat d, recorded as Reception Number in the Office of the Clerk and Recorder of Pitkin County, Colorado, conveying the following described real property situate in the Town of Snowmass Village, County of Pitkin State of Colorado, to wit: (Applicant enter legal description in the space provided below) Lo�'� tiv >�clYr l� �Ir� Qt ic�'(�11f �C�c�i "I c ?1 /Jr., J'�'� I 1, cc., The basis of the exemption is a conveyance for no consideration as follows and attached is a letter explaining the transaction: Section 4 -95 (1 -19) O 1. A government is the grantor or the grantee; O 2. A gift with love and affection or charitable donation as the only consideration; O 3. Termination of a joint tenancy with no additional consideration of value; 4. By reason of death; O 5. A reorganization, merger or consolidation of a corporation without consideration_ O 6, Pursuant to an order from the United States banxruptcy court; 7. Correction deed: 81 Court order quieting, determining or vesting title, except for a decree of foreclosure; O 91 Cemetery lots; 10.. A lease, provided it does not constitute a de facto conveyance: 11. Non lease of right to use Time Share estate; 12. Minerals or royalties; 13 Security for a debt or other obligation or the release thereof; 14. Pursuant to judicial or public trustee foreclosure, 15. Contract for deed of less than three (3) years' duration: 16. Housing Authority PMH unit; 17. Raising of investment or equity funds or capital to facilitate development or redevelopment wherein transferor retains a significant interest*, 18, An IRS Section 1031 exchange to a straw man or intermediary. Person to contact egarding questions pertaining to this Application: qn 0 I y tA 41tyh a ­71411 dC,� oul Name /I/ C�8'& s�ZL'o aco 21 9r S goa 7:z:z Cit Sate Zip So)) 37q-/ a ol Gxc .God Telephone No. I hereby certify this V day of A, 2010under penalty of perjury that the foregoing statements are true and correct. 1 1. ock 6t 4 A 4 t3y ­71 0 pplicant Applicant STATE OF Ge4:GRADO ,4Vgg1 JAi44�) COUNTY OF�;t.T.l 1Q()L0(5g I The foregoing instrument was acknowledged before me this :day of 20LQbyJq Pru iApplicant. Witness my hand and official seal. My commission expjres:,,,k11, Notary Public t PO BOX 5010/ SNOWMASS VILLAGE, COLORADo 81615 /1970) 923 -37771 (FAX) (970) 923 -6083 PO BOX 5010 SNOWMASS VILLAGE, COLORADO 81515 (970) 923 -3777 (FAX) (970) 923 -6083 Real Estate Transfer Tax Certificate of Exemption (Applicant: Complete all information that is marked with a check 2 copies) DATE OF CONVEYANCE: DEED RECEPTION NO. SELLER'S NAME: TAl Q C ./l 11L 7i11 PURCHASER'S NAME �4pz�q, LEGAL DESCRIPTION OF PROPERTY: a c c o 1; rft�q�' h�a7� f-0 c�r� -�c� ��`�O�B� I 19,f lUv i Mcoo,�,..3 a,�' i'�t w,40,- 11:?—e �/1t �tld a /;z t cpwej 0"' joj�k N *t 0 C�lDVc4to Q EXEMPTION BASIS:) Section 4 -95 number I have included documentation supporting the above exemption I hereby certify this day of 20_, that the above described conveyance is exempt from the Real Estate Transfer Tax required by Ordinance No. 5, Series of 1980, as amended. Russell W. Forrest, Town Manager Snowrnass Village, Colorado Only this page needs to be recorded with the Pitkin County Clerk Recorder TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: MANAGER'S REPORT DATE: SEPTEMBER 20, 2010 Next EOTC Meeting The next EOTC meeting is scheduled for Thursday, October 21, 2010 at 4:00 p.m.. The Town of Snowmass Village will be hosting the meeting. The primary purpose of this meeting is to set the EOTC budget for 2011. Pending Strategic Actions Last Updated September 13, 2010 Staff Action Status Date to follow -up w/ Contact Council Land Use John Dresser Demolition Council asked that an ordinance Land Use Amendments be prepared to provide a period of being prepared were time to review demolition permits presented to PC on August before demolition of a building 18 The first round of occurred. code changes should be completed on September Council agreed that staff should 15 Council will review develop language for future PUDs and consider approval after to identify critical integral PC provides components of a PUD that must recommendation. continue to exist over time. Planning Other Land Use The comprehensive plan has been Land Use Amendments Department Code Issues approved. The Town Council has being prepared were provided direction on the priorities presented to PC on August 18 The first round of code changes should be completed on September 15 Council will review and consider approval after PC provides recommendation. Housin Housing Draw Site /Land On Nov. 2, 2009 Council directed Revisit in 2011 budget Department Inventory staff to take no action on this topic process other than to continue identifying sites that should be further investigated. Council asked that this project be revisited as part of the 2011 budget. Housing Housing Policy The consultant has completed a Housing code changes are Department rational nexus study and can being prepared for review begin to work with the Town on a by the Planning new housing policy. The Planning Commission. Commission is also reviewing housing goals as part of the Comp. Plan review. Staff will schedule two agenda items based on the input from Council on October 6 (these could be on the same dates) which would be 1) policy discussion to modify the current land use code related to affordable housing; and 2) a review of deed restriction policy. Finance Marianne GID Mil Levy Discuss option to increase the GID budget options will be GID mil levy for Base Village with considered as part of the the GID Advisory Committee and budget process for 2010 return back to the GID with that should occur in the options. An update occurred on September /October time April 19, 2010. frame. Marianne Budget Update The last budget update occurred As part of the 2011 budget on July 6 th presentation in the September /October 2010 time frame. Other Russ URA- Phase 1 Council authorized on August October 4, 2010 Forrest 2 nd to move forward with a preliminary study to determine the pros and cons of a URA in Snowmass Village along with whether the community would meet the legal criteria for a URA 1 2 SNOWMASS VILLAGE TOWN COUNCIL 3 REGULAR MEETING MINUTES 4 AUGUST 16, 2010 5 CALL TO ORDER AT 5:00 P.M. 6 7 Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town 8 Council on Monday, August 16, 2010 at 5:04 p.m. 9 10 Item No. 1 ROLL CALL 11 COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, Reed Lewis, and Arnold 12 Mordkin. Markey Butler arrived at 5:14 p.m. COUNCIL MEMBERS ABSENT: John Wilkinson. 13 14 15 STAFF PRESENT: Russ Forrest, Town Manager; John Dresser, Town 16 Attorney; Hunt Walker, Public Works Director; Chris 17 Conrad, Planning Director; Marianne Rakowski, 18 Finance Director, Rhonda B. Coxon, Town Clerk, 19 Lesley Compagnone, Community Relations 20 PUBLIC PRESENT: George Bletsas, Estelle Bletsas, Mel Blumenthal, 21 Victor Rauch, Monroe Summers, Bob Sirkus, Dales 22 Rands, Paul Fee, Tim Belinski, Jim Paulsa and other 23 members of the public interested in items on today's 24 agenda. 25 26 Item No. 2 PUBLIC NON AGENDA ITEMS 27 28 Victor Rauch President of the Part Time Residents Advisory Board submitted a letter for 29 the record stating road areas that need to be striped for the safety of the public. 30 31 Item No. 3 COUNCIL UPDATES 32 33 Community Picnic 34 Council Member Reed Lewis thanked Town Clerk Rhonda Coxon for her work on the 35 Community Picnic and presented her with a gift basket. He also noted that the donation 36 bucket that was on the food table disappeared and he asked that it be returned to the 37 Police Department. Mayor Boineau thanked everyone who helped with the Community 38 Picnic that was held on August 13, 2010. 39 40 08-16-1 OTC Minutes Page 2 of 7 41 Item No. 4 DISCUSSION RESULTS OF CARBON FOOTPRINT DATA ANALYSIS 42 PROJECT 43 44 Community Relations Director Lesley Compagnone noted that when TOSV's 45 Sustainability Plan was adopted in 2009, one of the Town's goals was to complete a 46 comprehensive Carbon Footprint Analysis to provide baseline data of carbon emissions 47 within the Town limits. She noted that this baseline would provide a starting point in 48 which to develop policies and procedures aimed at reducing our carbon footprint. 49 Climate Mitigation Services (CMS) was commissioned by TOSV to conduct this 50 comprehensive community -wide energy and greenhouse gas inventory for 2009. The 51 report is included in today's packet summarizes the results in tables and charts. She 52 noted that in discussion with Rick Heede from CMS it was decided to adopt the 53 inventory protocol and boundary definition used in the Aspen inventories of 2004 and 54 2007 to foster comparison of emissions in both jurisdictions. 55 56 Council Member Butler arrived at 5:14 p.m. 57 58 Rick Heede with Climate Mitigation Services presented TOSV's Carbon Footprint Data 59 Analysis to the Town Council. 60 61 Council Consensus was to send the information presented today to the Part Time 62 Residents Advisory Board and the Environmental Advisory Committee to put together a 63 brochure or checklist for homeowners in Snowmass Village to help reduce our carbon 64 footprint. Victor Rauch noted the PTRAB would be happy to help with educating 65 homeowners. 66 67 Item No. 5 RESOLUTION NO. 27 SERIES OF 2010 -RESOLUTION APPROVING 68 THE BALLOT QUESTIONS FOR TRANSPORTATION 69 70 Town Manager Russ Forrest noted that at this time we will discuss Item No. 5 through 71 Item No. 9 which is Resolution No. 27 through 31, Series of 2010. Forrest stated that in 72 light of the request from Pitkin County to partner with them in the purchase of the Droste 73 property, staff has provided additional resolutions 30 and 31.The Town Manager and 74 Finance Director reviewed the scenarios of potential ballot language and President of 75 the Financial Advisory Board (FAB), Fred Kucker explained in detail the FAB's 76 recommendations. 77 78 County Commissioner's George Newman and Jack Hatfield, with Dale Will the Director 79 of the Open Space and Trails Board, and Tom Oken Pitkin County Finance Director 80 were available to provide information and answer questions regarding the purchase of 81 the Droste property. 82 83 Estell Bletsas a part time resident in Snowmass Village spoke against spending money 84 on purchasing the Droste open space. 08- 16 -10TC Minutes Page 3 of 7 85 Monroe Summer, lease holder of the Cozy Point and the Cozy Point South properties 86 spoke to the definite advantage and convenience this property would make the 87 equestrian population of Pitkin County. 88 89 Arnold Mordkin made the motion to approve direction to staff to reject all the 90 Resolutions and bring forward two new resolutions. Reed Lewis seconded the motion. 91 The motion was approved by a vote of 4 in favor to 0 opposed. Council Member 92 Wilkinson was absent. 93 94 Voting Aye: Mayor Bill Boineau, Reed Lewis, Arnold Mordkin, and Markey Butler. 95 96 Voting Nay: None. 97 98 Town Attorney John Dresser reviewed the direction provided by Council before Council 99 took a break. Council reconfirmed two resolutions one fixed mill levy at .29 with the 100 escalator in the year 6 and 7 and the other would be a resolution representing .81 mills 101 to produce $200,000 a year through 5 years and $500,000 in year 6 and 7. 102 103 Item No. 6 RESOLUTION NO. 28 SERIES OF 2010 RESOLUTION APPROVING 104 THE BALLOT QUESTION FOR PARKS AND RECREATION 105 Discussed above under Item No. 5 106 107 Item No. 7 RESOLUTION NO. 29 SERIES OF 2010 RESOLUTION APPROVING 108 THE BALLOT QUESTION FOR MILL LEVY INCREASE AND BONDING AUTHORITY 109 TO PURCHASE DROSTE PROPERTY 110 Discussed above under Item No. 5 111 112 Item No. 8 RESOLUTION NO. 30 SERIES OF 2010 RESOLUTION APPROVING 113 THE BALLOT QUESTION FOR DROSTE PROPERTY TAX INCREASE 5 YEAR 114 OPTION 115 Discussed above under Item No. 5 116 117 Item No 9 RESOLUTION NO. 31, SERIES OF 2010 RESOLUTION APPROVING 118 THE BALLOT QUESTION FOR TRANSPORTATION MILL LEVY 5 YEAR OPTION 119 Discussed above under Item No. 5 120 121 Item No. 10 WINTER PARKING PLAN FOR 2011 122 123 Transportation Director David Peckler stated that each year the Transportation 124 Department and the Police Department meet with Aspen Skiing Company and 125 Destination Snowmass Services staff to review the proposed parking plan for the 126 upcoming winter. The entities discussed the status of parking Lot C and Base Village 127 Parking Garage. Peckler noted the agreement is included in today's packet and it 128 covers: 08-16-1 OTC Minutes Page 4 of 7 129 The goals of the parking agreement relative to the Comprehensive Plan and 130 Ordinance #9 of 1994 (the approval of the ski area expansion onto Burnt 131 Mountain); 132 The distribution of parking within the community and the cap on day use parking 133 of 2,425 spaces (Core Area 1,375, Two Creeks 400 and Town Park 650); 134 Descriptions of the various permits and their respective prices; 135 The regulation of what permit types are allowed in a specific parking lot; 136 The duration of the parking enforcement in the Numbered Lots; and 137 The designation of the management and maintenance responsibilities of the 138 Town, the Aspen Skiing Company (ASC) and Destination Snowmass Services 139 (DSS) in the operation of the parking system. 140 He noted that Council should establish the pricing and guidelines for the parking 141 program for the coming winter and direct staff on the following issues: Determine the 142 amount and distribution of the parking, Determine the permit prices, Determine the 143 duration of enforcement of permit parking in the numbered lots and Confirm the 144 maintenance responsibilities defined in the agreement. 145 After discussion, Council would like to continue with status quo from last year on the 146 permit prices for this year and directed staff to look at more one hour or ninety minute 147 parking in lower lot five. Susan Cross, representing the Aspen Ski Company, will 148 provide this information to the Ski Company for approval. Council also directed Chief 149 Smythe to talk to the lodges and have them monitor guest parking. 150 151 Item No. 11 FIRST READING OF ORDINANCE NO. 13 SERIES OF 2010 -ROOF 152 SHINGLES IN SNOWMASS VILLAGE 153 154 Chief Building Inspector Mark Kittle stated that at the December 7th, 2009 Town Council 155 meeting, Council directed staff to bring forward an ordinance banning the use of wood 156 shakes and shingles used for roof coverings within the limits of the Town of Snowmass 157 Village. He noted this is first reading of that ordinance. 158 159 Arnold Mordkin made the motion to approve first reading of Ordinance No. 13, Series of 160 2010 banning wood shakes and shingles for roofs in Snowmass Village. Markey Butler 161 seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. 162 163 Voting Aye: Mayor Bill Boineau, Reed Lewis, Arnold Mordkin, and Markey Butler. 164 165 Voting Nay: None. 166 Item No. 12 ASPEN SCHOOL DISTRICT REQUEST FOR OWL CREEK ROAD ONE 167 LANE CLOSURE 168 08-16-1 OTC Minutes Page 5 of 7 169 Representing the Aspen School District Michael O'Connor from Resort Opportunities 170 Investments reviewed with Council the reasoning behind requesting a one lane road 171 closure on Owl Creek Road in September. The letter is included in the Council packet. 172 After discussion with the applicant the Council provided approval for this one lane 173 closure with conditions attached. 174 175 Item No. 13 MANAGER'S REPORT 176 177 Town Manager Russ Forrest reminded everyone of the meetings tomorrow August 17, 178 2010 for the Base Village Receivership, one at 9:00 a.m. and one 5:30 in the Highlands 179 Park Conference room in the Capitol Peak building. These are public meetings. 180 181 Town Manager Russ Forrest also noted that there will be a facade for Building 8. 182 183 Item No. 14 APPROVAL OF MEETING MINUTES FOR July 19, 2010 184 Markey Butler made the motion to approve the Regular Meeting Minutes for the 185 Snowmass Village Town Council for Monday, July 19, 2010. Reed Lewis seconded the 186 motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council 187 Member Wilkinson was absent. 188 189 Voting Aye: Mayor Bill Boineau, Reed Lewis, Arnold Mordkin, and Markey Butler. 190 191 Voting Nay: None. 192 Item No. 15 AGENDA FOR NEXT TOWN COUNCIL MEETING 193 194 Town Manager Russ Forrest noted that the Marketing, Group Sales and Special Events 195 Board will be on this agenda to recap summer. 196 197 Item No. 16 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS 198 199 Council Member Lewis stated disappointment in the Consultant for the Carbon Footprint 200 Date Project. 201 202 203 At 8:37 p.m. 204 205 This item was not listed on today's agenda. 206 Mayor Bill Boineau made the motion to enter into closed session August 16, 2010. 207 Arnold Mordkin seconded the motion. The motion was approved by a vote of 4 in favor 208 to 0 opposed. Council Member Wilkinson was absent. 209 08-16-1 OTC Minutes Page 6 of 7 210 Voting Aye: Mayor Bill Boineau, Reed Lewis, Arnold Mordkin, and Markey Butler. 211 212 Voting Nay: None. 213 214 EXECUTIVE SESSION 215 Town Council will now meet in Executive Session pursuant to C.R.S. 24 -6- 216 402(4) and Snowmass Village Municipal Code Section 2- 45(c), to 217 specifically discuss two items: 218 a) Determining positions relative to matters that may be subject to 219 negotiations, developing strategy for negotiations, instructing 220 negotiators pursuant to C.R.S. 24- 6- 402(4)(e) and Snowmass 221 Village Municipal Code Section 2- 45(c)(5); and 222 b) Conferences with an attorney for the purposes of receiving legal 223 advice on specific legal questions pursuant to C.R.S. 24 -6- 224 402(4)(c) and Snowmass Village Municipal Code Section 2- 225 45(c)(2); 226 Provided, there is an affirmative vote of two thirds of the quorum present 227 at this meeting to hold an Executive Session and for the sole purpose of 228 considering items (a) and (b) above. Provided further, that no adoption of 229 any proposed policy, position 230 At 8:55 p.m. 231 232 Mayor Bill Boineau made the motion to approve reconvening to the Regular Meeting of 233 the Snowmass Village Town Council on August 16, 2010. Arnold Mordkin seconded the 234 motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council 235 Member Wilkinson was absent. 236 237 Voting Aye: Mayor Bill Boineau, Reed Lewis, Arnold Mordkin, and Markey Butler. 238 239 Voting Nay: None. 240 241 Item No. 17 ADJOURNMENT 242 243 At 8:56 p.m. 244 245 Reed Lewis made the motion to approve continuing the Regular Meeting of the 246 Snowmass Village Town Council to Monday, August 23, 2010 at 8:00 a.m. Arnold 247 Mordkin seconded the motion. The motion was approved by a vote of 4 in favor to 0 248 opposed. Council Member Wilkinson was absent. 08 -16 -1 OTC Minutes Page 7 of 7 249 250 Voting Aye: Mayor Bill Boineau, Reed Lewis, Arnold Mordkin, and Markey Butler. 251 252 Voting Nay: None. 253 Submitted By, 254 255 256 Rhonda B. Coxon, CMC 257 Town Clerk 1 2 SNOWMASS VILLAGE TOWN COUNCIL 3 REGULAR MEETING MINUTES 4 CONTINUATION OF AUGUST 16, 2010 5 TO AUGUST 23, 2010 6 7 CALL TO ORDER AT 800 A.M. 8 9 Mayor Boineau called to order the Continued Meeting of the Snowmass Village Town 10 Council from August 16, 2010 on August 23, 2010 at 8:02 a.m. 11 12 Item No. 1 ROLL CALL 13 COUNCIL MEMBERS PRESENT: Arnold Mordkin, Mayor Bill Boineau, Markey Butler, Reed Lewis, and John Wilkinson. 14 COUNCIL MEMBERS ABSENT: All council members were present. 15 16 STAFF PRESENT: Russ Forrest, Town Manager; John Dresser, Town 17 Attorney; Marianne Rakowski, Finance Director; 18 Rhonda B. Coxon, Town Clerk 19 PUBLIC PRESENT: Tom Oken, Jack Hatfield, Steve Parmalee, Greer Fox 20 and other members of the public interested in items 21 on today's agenda 22 23 Item No. 2 PUBLIC NON AGENDA ITEMS 24 25 There were no Public Non Agenda Items. 26 27 Item No. 3 RESOLUTION NO. 32 SERIES OF 2010 A RESOLUTION SUBMITTING 28 A BALLOT ISSUE QUESTION TO THE ELECTORATE AT THE TOWN'S REGULAR 29 MUNICIPAL ELECTION Droste Tax Increase 7 Yrs .81 mills 30 31 Town Manager Russ Forrest explained how we got to the scenarios listed in the 32 Resolutions for the Ballot Questions for the November 2, 2010 Coordinated Election 33 with Pitkin County. 34 35 Steve Parmelee a Resident of Snowmass Village spoke to why this is not a good time 36 to raise taxes and he provided comments on the Droste Property. 37 38 Greer Fox representing the Part Time Residents Advisory Board stated support for 39 Resolution No. 34 and 35, Series of 2010. 40 41 At this time Town Council and staff discussed Item 3 through Item 6. 08-23-1 OTC Minutes Page 2 of 3 42 After a very lengthy discussion between Council and staff, Resolution No. 34 and 43 Resolution No. 35, Series of 2010 were voted on. 44 45 Item No. 4 RESOLUTION NO. 33 SERIES OF 2010 A RESOLUTION SUBMITTING 46 A BALLOT ISSUE QUESTION TO THE ELECTORATE AT THE TOWN'S REGULAR 47 MUNICIPAL ELECTION Transportation Mill Lew 5 Yrs 81 Mills 48 49 50 Item No. 5 RESOLUTION NO. 34 SERIES OF 2010 A RESOLUTION 51 SUBMITTING A BALLOT ISSUE QUESTION TO THE ELECTORATE AT THE TOWN'S 52 REGULAR MUNICIPAL ELECTION Droste Tax Increase 7 Yrs Fixed 53 54 Arnold Mordkin made the motion to approve Resolution No. 34, Series of 2010 55 approving ballot language. Reed Lewis seconded the motion. The motion was 56 approved by a vote of 5 in favor to 0 opposed. 57 58 Voting Aye: Arnold Mordkin, Mayor Bill Boineau, Markey Butler, Reed Lewis, and John 59 Wilkinson. 60 61 Voting Nay: None. 62 Tom Olken Finance Director of Pitkin County spoke to Resolution No. 34, Series of 63 2010 which only gets $1.6 million and the County will now have to bond for the 64 remaining money. 65 66 Jack Hatfield Pitkin County Commissioner thanked the Council for their support on the 67 Droste Property. 68 69 Item No. 6 RESOLUTION NO. 35 SERIES OF 2010 A RESOLUTION SUBMITTING 70 A BALLOT ISSUE QUESTION TO THE ELECTORATE AT THE TOWN'S REGULAR 71 MUNICIPAL ELECTION Transportation Mill Levy 5 Yrs Fixed 72 73 Arnold Mordkin made the motion to approve Resolution No. 35, Series of 2010 74 approving ballot language. Markey Butler seconded the motion. The motion was 75 approved by a vote of 5 in favor to 0 opposed. 76 77 Voting Aye: Arnold Mordkin, Mayor Bill Boineau, Markey Butler, Reed Lewis, and John 78 Wilkinson. 79 80 Voting Nay: None. 81 Item No. 7 ADJOURNMENT 82 83 At 8:55 a.m. 84 08 -23 -1 OTC Minutes Page 3 of 3 85 Arnold Mordkin made the motion to adjourn the continued Regular Meeting of the 86 Snowmass Village Town Council on Monday August 23, 2010. Reed Lewis seconded 87 the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 88 89 Voting Aye: Arnold Mordkin, Mayor Bill Boineau, Markey Butler, Reed Lewis, and John 90 Wilkinson. 91 92 Voting Nay: None. 93 Submitted By, 94 95 96 Rhonda B. Coxon, CMC 97 Town Clerk 98 4th Draft SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA OCTOBER 4, 2010 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 5:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON AGENDA ITEMS (5- minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: RESOLUTION NO. 39 SERIES OF 2010 IN OPPOSITION OF STATEWIDE BALLOT ISSUE (Time: 5 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Resolution No. 39, Series of 2010 -Russ Forrest ...........................Page (TAB Item No. 5: ASPEN SKIING COMPANY BI- ANNUAL REPORT (Time: 45 Minutes) ACTION REQUESTED OF COUNCIL: Listen to presentation and provide feedback. -David Corbin, Steve Sewell, David Perry ........Page (TAB) Item No. 6: URBAN RENEWAL AUTHORITY (Time:45- Minutes) ACTION REQUESTED OF COUNCIL: Provide direction to staff on next steps. -Russ Forrest Page 32 (Tab H) Item No. 7: LAND USE CODE AMENDMENTS (Time: 60 Minutes) ACTION REQUESTED OF COUNCIL: Review amendments and provide direction to staff -Chris Conrad ...........................Page (TAB Item No. 8: SECOND READING ORDINANCE NO. 15 SERIES OF 2010 CONSIDERATION OF A REVISION OF THE RENEWABLE ENERGY OFFSET PROGRAM (REOP) FEES (Time: 5 Minutes) 10-04-10 TC Page 2 of 2 ACTION REQUESTED OF COUNCIL: Determine if there should be any changes to the current fee structure. --Mark Kittle ...........................Page (TAB) Item No. 9: MANAGER'S REPORT (Time: 10 minutes) --Russell Forrest ...........................Page (TAB Item No. 10: AGENDA FOR NEXT TOWN COUNCIL MEETING Page (TAB Item No. 11: APPROVAL OF MEETING MINUTES FOR: Page (TAB Item No. 12: COUNCIL COMMENTS /COMMITTEE REPORTS/CALENDARS Page (TAB) Item No. 13: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 3 hours (excluding items 1-3 and 9 —13) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. PLEASE JOIN TOWN COUNCIL FOR A SOCIAL AT TASTER'S AFTER TONIGHT'S MEETING. (If the Meeting ends before 9:00 p.m.) Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 Town Labor Day Council Meeting 5:00 p.m. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Town Council Meeting 5:00 p.m. 0 26 27 28 29 30 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 Town Council Meeting 5:00 p.m. IN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Town Council EOTC MTG Meeting Snowmass 5:00 p.m. Council Chambers 4:00 p.m. 24 25 26 27 28 29 30 31 t