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02-22-11 Town Council Packets SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA FEBRUARY 22, 2011 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 4:00 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: DISCUSSION OF THE RENEWABLE ENERGY OFFSET PROGRAM (REOP) FEES (Time: 90 Minutes) ACTION REQUESTED OF COUNCIL: Determine if there should be any changes to the current fee structure. -Mark Kittle Pagel (TAB A) Item No. 5: DISCUSSION BIANNUAL DEED RESTRICTED HOUSING QUALIFICATIONS AND ENFORCEMENT (Time: 45 Minutes) ACTION REQUESTED OF COUNCIL: Council will determine if the current guidelines are acceptable for monitoring the ownership qualifications of deed restricted employee housing on a biannual basis. -Joe Coffey Page 58 (TAB B) Item No .6: SUMMARY OF COUNCIL RETREAT (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Listen to presentation and provide feedback -Russ Forrest Page 64 (TAB C) Item No. 7: MANAGER'S REPORT (Time: 10 minutes) Russell Forrest ...........................Page 84 (TAB D) Item No. 8: AGENDA FOR NEXT TOWN COUNCIL MEETING: March 7, 2011 I Page 87 (TAB E) 02 -22 -11 TC Page 2 of 2 Item No. 9: APPROVAL OF MEETING MINUTES FOR: January 3, 2011 Regular Meeting January 18, 2011 Regular Meeting Page 89 (TAB F) Item No. 10: COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS Page 104 (TAB G) Item No. 11: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 3 hours (excluding items 1 -3 and 8 —11) 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. MEMORANDUM TO: Snowmass Village Town Council FROM: Mark Kittle, Chief Building Official DATE: February 22, 2011 SUBJECT: Renewable Energy Offset Program (REOP) I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Provide direction to staff on whether Ordinance 11, Series of 2008 should remain, be revised or eliminated. II. BACKGROUND ON REOP A. Purpose and History In 2008 an ordinance was passed by the Town Council which created the Renewable Energy Offset Program or REOP Attachment A. REOP had two purposes: to require increased energy efficiency and use of renewable energy in new construction and additions and created provisions to restrict exterior energy uses and encourage renewable offsets to those uses. The complete history of the deliberations of REOP are included in Attachment D. The original intent behind this policy was to develop a policy similar to the REMP policy in Aspen and Basalt which is managed by CORE. B. New standards for Energy Efficiency with New Construction A Home Energy Rating System (HERS) system was utilized for the new construction and additions. The lower a home's HERS index, the more efficient it is. A home built to code scores a HERS index of 100, while a net zero energy home scores a HERS index of 0. Each 1 -point decrease in the HERS index corresponds to a 1 reduction in energy consumption compared to the HERS reference home. Thus, a home with a HERS index of 70 is 30% more energy efficient than the reference home. 02 -22 -11 REOP Memo Page 2 of 7 For commercial occupancies, a simulated energy performance computer program such as COMcheck or DOE -2 shall be utilized to assess the energy consumption of the project. To comply with the current ordinance the project must exceed the International Energy Conservation Code or ASHRA 90.1 by at least 30 If, in either residential or commercial applications, the applicant chooses not to meet these requirements a "fee -in -lieu" shall be required. C. Exterior Energy Use For exterior energy uses, such as snowmelt, pools, spas and heated garages, an Annual Energy Use (AEU) per component, per square foot is calculated. Under the current legislation, an applicant is required to "offset" this energy use with renewable energy such as hot water solar panels, solar photo voltaic panels or other approved methods. If the applicant chooses not to mitigate the energy use with renewable energy a "fee in- lieu based upon square footage is required. This provision is the same for both residential and commercial applications. D. Recent discussions regarding REOP Modifications Upon final approval by Town Council Ordinance #11, Series 2008 was approved in November of 2008. The provisions for residential (HERS) and Commercial (COMcheck DOE -2) were met with very little opposition by owners and developers. On the other hand however, the "Exterior Energy Use" section and the fees per square foot associated with such were met with opposition. Many applications were withdrawn or revised. Only three, out of approximately 15 to 20 applications, went forward to completion due to the economic hardship expressed by the applicants. Council soon heard about the discontent voiced by several constituents and directed staff to reevaluate the ordinance and make changes if necessary. Meetings with Community Office for Resource Efficiency (CORE), Building Board of Appeals (BOA), the EAC, lodging property managers and various individuals from the community were held to gather input from the different entities. After many weeks of discussion, staff made some revisions to the ordinance which included minor adjustments to the HERS categories by adding one additional category and revising the minimum numbers by, on average, 5 There was an additional category added to the commercial provisions as well and the "30% better than code" provision was decreased to 15% because of the overall code increased efficiency between the 2003 IECC and the 2009. In other words, the 2009 IECC is 15% more efficient than 02 -22 -11 REOP Memo Page 3 of 7 the 2003 and as such we are still attaining a 30% increase over the 2003 code. Exterior energy uses was revised to allow "off- site" mitigation and revised the overall calculations to include "credits" rather than the AEU as originally outlined. This allows applicants to mitigate some of the use with renewable energy and pay the fee -in -lieu for the remainder which was not included as an option in the original ordinance. This mirrors the provisions that are in place in Aspen and Pitkin County. Under the new proposed ordinance snowmelt systems would be limited to 10% of the developable area of the lot or parcel. Snowmelt systems utilized to comply with the provisions of Chapter 11, Accessibility, of the 2009 International Building Code to provide an "accessible route" to all building elements and accessible areas are now exempted under the new ordinance. The final significant change to the original ordinance was to require a minimum efficiency of 90% AFUE for all hot -water boilers used for exterior snowmelt systems. Attachment B includes the last proposed revision to REOP. There was support from both the Environmental Advisory Committee and many of the property managers that participated in discussions on this topic. III. EXAMPLES The following provides several examples of how REOP might work for both a Residential and Commercial property. (Based upon the new Ordinance 15, Series of 2010) Commercial Occupancy Given: A (50) room ski -lodge is proposing a new 90 square foot spa for their facility along with 4200 square feet of snowmelt. Proposed boiler has a 90% efficiency. Spa 90 square feet 64 square feet (exempt area) 26 square feet subject to REOP. 02 -22 -11 REOP Memo Page 4 of 7 26 square feet x $176.00 (spa fee per square foot) divided by .90 (boiler efficiency) x 50% $2,542.00 REOP fee. OR $2,542.00 divided by $125.00 (solar panel credit per square foot) 20.3 square feet of solar panels. OR A combination of solar panels and fee. Snowmelt Exempt areas: 50 square feet per unit x 50 2500 square feet exempt. Accessible route to all building elements 36" wide 300 square feet. Total snowmelt exemptions 2800 square feet. Proposed snowmelt of 4200 square feet 2800 (exempt area) 1400 square feet subject to REOP provisions. 1400 x $34.00 (snowmelt fee per square foot) divided by .90 (boiler efficiency) x 50% $26,444.44 REOP fee OR $26,444.44 divided by $125.00 (solar panel credit per square foot) 211.6 square feet of solar panels. OR A combination of solar panels and fee. Conversion for Solar Photo voltaic: Spa $2,542.00 divided by $6.25 (photo voltaic credit per watt) 407 watts or (3) 200 watt solar panels. Snowmelt $26,444.44 divided by $6.25 (photo voltaic credit per watt) 4,231 watts or (22) 200 watt solar panels. OR 02 -22 -11 REOP Memo Page 5 of 7 A combination of solar panels and fee. Residential Occupancy Given: A new single family residence proposes to install a 64 square foot spa, 800 square feet of snowmelt and a 550 square foot heated garage. Boiler efficiency is 90 Spa Spa is exempt. Snowmelt 800 square feet x $34.00 (snowmelt fee per square foot) divided by .90 (boiler efficiency) x 50 $15,111.11 REOP fee. OR $15,111.11 divided by $125.00 (solar panel credit per square foot) 120.88 square feet of solar panels. OR A combination of solar panels and fee. Heated Garage 550 square feet x $8.00 (garage fee per square foot) divided by .90 (boiler efficiency) x 50% $2,444.44 REOP fee. OR $2,444.44 divided by $125.00 (solar panel credit per square foot) 19.55 are feet of solar panels. OR A combination of solar panels and fee. Conversion for Solar Photo voltaic: Snowmelt $15,111.11 divided by $6.25 (photo voltaic credit per watt) 2418 watts or (13) 200 watt solar panels. OR 02 -22 -11 REOP Memo Page 6 of 7 A combination of solar panels and fee. Heated Garage $2,444.44 divided by $6.25 (photo voltaic credit per watt) 392 watts or (2) 200 watt solar panels. OR A combination of solar panels and fee. IV. STAFF RECOMMENDATIONS AND FINDINGS Staff recommends approving the changes to the existing ordinance outlines in Attachment B. The new ordinance still achieves the goals originally expressed by Council with more flexibility for the applicant to comply with the provisions without causing an undue hardship. The EAC recommendation is provided below and the Lodging Community's opinion is provided in attachment "E V. EAC OFFICIAL STATEMENT ON REOP After many months of pouring over the REOP verbiage, and after careful consideration, the TOSV Environmental Advisory Committee (EAC) is generally comfortable with the most recent version of the REOP ordinance; the version submitted on October 18, 2010. The committee feels a successful compromise has been made to ensure harmony between construction /development in our community, and the natural environment in which we live. It is the EACs responsibility to provide input on projects, processes and programs that will have a direct impact on the environment. We feel the current REOP ordinance, as it stands, not does directly conflict with the overall goal of environmental sustainability and a sustainable energy economy. It is not the EACs responsibility to drill down deeply into the business of building codes and compliance. We thank Mark Kittle for his commitment to this compromise and well as his willingness to work toward a solution that aims to protect our environment. VI. NEXT STEPS 1. Council to affirm that no changes should be made to the existing Ordinance #11, Series of 2008. 2. Council to affirm that the proposed changes to Ordinance #11, Series of 2008, be approved and adopted. 3. Council to direct staff to make changes, add or delete provisions, and bring back to council for review. 02 -22 -11 REOP Memo Page 7 of 7 Attachments Attachment A Original REOP Ordinance, Number 11 Series of 2008 Attachment B Ordinance Number 15 Series of 2010 Attachment C Proposed changes to the original Ordinance No. 11, Series of 2008 Attachment D Complete history on the deliberation of the REOP Ordinance Attachment E Letter from Dave Spence Attachment A TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 11 SERIES OF 2008 AN ORDINANCE TO BE IMPLEMENTED INTO CHAPTER 18 OF THE TOWN OF SNOWMASS VILLAGE MUNICIPAL CODE TO ESTABLISH BUILDING EFFICIENCY STANDARDS AND A RENEWABLE ENERGY OFFSET PROGRAM (REOP). WHEREAS, the Town Council supports and promotes energy conservation and the use of energy efficient building practices within the Town of Snowmass Village; and WHEREAS, the Town Council supports and promotes renewable energy generation within the Town of Snowmass Village; and WHEREAS, the Town Council finds it necessary and beneficial to establish building efficiency standards that exceed those required under the Town's Energy Conservation Code, and WHEREAS, the Town Council finds it necessary and beneficial to require on -site renewable energy generation to offset the energy demand of outdoor amenities such as pools and hot tubs, snowmelt systems, and heated garages, and WHEREAS, the Town Council finds it necessary and beneficial to establish in- lieu fee options for property owners that choose not to employ energy efficient building practices, or that wish to build highly energy consumptive outdoor amenities, and WHEREAS, the revenues derived from such in -lieu fees will establish a funding mechanism to facilitate the development of renewable energy generation projects and programs to enhance energy efficiency throughout the Village; and WHEREAS, the Town Council finds that the adoption of this Ordinance is in the best interest of the Town and is reasonably necessary to promote and preserve the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Snowmass Village, as follows: A. Chapter 18 of the Snowmass Village Municipal Code is hereby amended by the addition of the following: Sec. 18 -224. Building Efficiency Standards and Renewable Energy Offset Program (REOP) 1. Residential Construction This section shall apply to all residential new construction, and to any residential addition of at least 1,000 square feet. In order to provide evidence of compliance with this Section, a Home Energy Rating System (HERS) rating shall be submitted at the time of 08 -11 TC Page 2 of 6 building permit application. A final HERS rating certificate, based upon field inspections and testing conducted during construction, shall be submitted prior to receiving a Certificate of Occupancy. a. Residential building projects up to 5,000 square feet are required to achieve a minimum Home Energy Rating System (HERS) Index of 70, or less, utilizing the Colorado Energy Star Home Energy Rating System, and. i. In lieu of achieving the required HERS Index, owners may pay a fee of $5.00 per square foot. b. Residential building projects between 5,000 and 9,999 square feet are required to achieve a minimum HERS Index of 65 points, or less. i. In lieu of achieving the required HERS Index, owners may choose to comply with the HERS Index requirements of Section 18- 224.1.a. above, and pay a fee of $3.00 per square foot. c. Residential building projects of 10,000 square feet, or more, are required to achieve a HERS Index of 60 points, or less. i. In lieu of achieving the required HERS Index, owners may choose to comply with the HERS Index requirements of Section 18- 224.1.b. above, and pay a fee of $4.00 per gross square foot. If a residential building project includes exterior energy uses, then a separate and additional fee may be required pursuant to Section 3. Exterior Energy Use, below. 2. Non Residential and Mixed -Use Construction This section shall apply to all non residential or mixed -use new construction, and to any non residential or mixed -use addition of more than 1,000 square feet. For buildings or additions up to 5,000 square feet, COMcheck documentation or a DOE -2 based energy simulation shall be submitted as evidence of compliance with this section. For buildings greater than 5,000 square feet, a DOE -2 based energy simulation shall be required. a. Based upon total energy usage for the building or addition being proposed, non residential or mixed -use building projects are required to exceed the performance of the Town's Energy Conservation Code in place at the time the building permit is issued by at least 30 i. For building projects pursuing Leadership in Energy and Environmental Design (LEED) certification, energy efficiency requirements and performance reviews may be based upon the standards established by the US Green Building Council (i.e., American Society of Heating, Refrigerating and Air Conditioning Engineers ASHRAE Standard 90.1)_ ii. In lieu of achieving the required energy performance standards, owners may pay a fee of $8.00 per square foot and shall meet the performance standards required pursuant to the Town's Energy q 600b 08 -11 TC Page 3 of 6 Conservation Code in place at the time the building permit is issued. If a non residential or mixed -use building project includes exterior energy use then a separate and additional fee may be required pursuant to Section 3. Exterior Energy Use, below. 3. Exterior Energy Use. This section shall apply to outdoor pools, hot tubs, snowmelt systems, and heated garages. a. At least 50% of the Annual Energy Use accountable to outdoor pools and hot tubs, snowmelt systems, and heated garages, as defined in Section 18- 224.3.b and Section 18- 224.3.c, and in excess of the "Fee Exempt Area" described therein, shall be offset with renewable energy generated on site. b. Heated Garages. Any garage heated by a boiler or furnace system must be controlled by a separate thermostat and zone. A REOP fee shall apply for these types of applications, as described below. c. In lieu of producing the required amount of renewable energy on site, owners may pay a fee calculated in accordance with the following fee schedule and calculation example: L Single- Family Residential Energy Use Annual Energy Use Fee Exempt Fee per SF Type BTU /SQ. Ft. Area Above Exempt Area Snowmelt System 81,800 200 sq. ft. 34 (See Note) Spa 430,000 64 sq. ft. 176 Pool 332,000 N/A 136 Heated Garage 19,500 See Section 18- 224.3.b 8 NOTE The Fee Exempt Area for snowmelt systems shall apply to driveways and driveway aprons only, and shall be equal to the greater of 200 square feet, or that portion of the on -site driveway that exceeds 8% slope plus 200 square feet. The Fee Exempt Area for snowmelting shall not apply to decks, patios, or walkways unless the Chief Building Official determines that snowmelting of these areas represents a life safety issue and is essential to building ingress or egress. Applicants may appeal decisions regarding the necessity of providing snowmelted decks, patios, or walkways to the Town's Board of Appeals and Examiners.) 08 -11 TC Page 4 of 6 ii. Multi Family Residential Energy Use Annual Energy Use Fee Exempt Fee per SF Type BTU /Sq. Ft. Area Above Exempt Area Snowmelt System 81,800 50 sq. ft. 34 (See Note 1) Spa 430,000 64 sq. ft. 176 (See Note 2) Pool 332,000 N/A 136 Heated Garage 19,500 N/A 8 NOTE 1: The Fee Exempt Area for snowmelt systems shall apply to driveways and driveway aprons only, and shall be equal to the greater of 50 square feet per unit, or that portion of the on -site driveway that exceeds 8% slope plus 200 square feet. The Fee Exempt Area for snowmelting shall not apply to decks, patios, or walkways unless the Chief Building Official determines that snowmelting of these areas represents a life safety issue and is essential to building ingress or egress. Applicants may appeal decisions regarding the necessity of providing snowmelted decks, patios, or walkways to the Town's Board of Appeals and Examiners. NOTE 2 The Fee Exempt Area for Spas shall be equal to the greater of 64 square feet, or 3 square feet per unit.) iii. Non- Residential and Mixed Use Energy Use Annual Energy Use Fee Exempt Fee per SF Type BTU /Sq. Ft. Area Above Exempt Area Snowmelt System 81,800 (See Note 1) 34 Spa 430,000 64 sq. ft. 176 (See Note 2) Pool 332,000 N/A 136 Heated Garage 19,500 N/A 8 (NOTE 1: The Fee Exempt Area for snowmelt systems shall apply to driveways and driveway aprons only, and shall be equal to the greater of 200 square feet, 50 square feet per unit, or that portion of the on -site driveway that exceeds 8% slope plus 200 square feet. The Fee Exempt Area for snowmelting shall not apply to decks, patios, or walkways unless the Chief Building Official determines that snowmelting of these areas represents a life- safety issue and is essential to building ingress or egress. Applicants may appeal decisions regarding the necessity of providing snowmelted decks, patios, or walkways to the Town's Board of Appeals and Examiners.) (NOTE 2: The Fee Exempt Area for Spas shall be equal to the greater of 64 square feet, or 3 square feet per unit.) 08 -11 TC Page 5 of 6 d. The fees described in the schedule above shall be applied on a per square foot basis for exterior energy uses exceeding the "Fee Exempt Area," if 50% of such energy use is not offset with on -site renewables. Fees shall be calculated and adjusted to account for mechanical equipment efficiency as illustrated by the following calculation EXAMPLE A driveway snowmelt system of 700 square feet is proposed for a relatively flat single family home site with a boiler efficiency of 85 The 200 square foot "Fee Exempt Area" is excluded from the fee calculation. A fee of $34 per sq. ft. applies to the remaining 500 sq. ft. ($34 x 500 $17,000). That amount is adjusted by an efficiency rating of 0.85 ($17,000 0.85 $20,000), resulting in a total in -lieu fee of $20,000. 4. Energy Code Review Fee. An Energy Code Review fee equal to the lesser of One Thousand Dollars ($1,000) or Ten Percent (10 of the project's Building Permit Fee shall be paid prior to Building Permit issuance in order to cover the Town's administrative costs associated with verifying compliance with this Section 18 -224 and calculating the required REOP Fees, if any. Energy Code Review Fees shall be required regardless of whether an owner elects to meet the applicable building efficiency standards, or pays a fee in -lieu. 5. Fee Collection Fees will be collected by the Town of Snowmass Village Building Department prior to Building Permit issuance. Collected fees shall be deposited to the Town's Renewable Energy Offset Program Fund. A building project will not be eligible to receive a Building Permit until the project owner has demonstrated that the required energy performance standards and /or on -site renewable energy generation requirements have been achieved, or that the Town has received payment of the in -lieu fee. 6. Management and Appropriation of REOP Funds. Fees collected and deposited into the REOP account are to be managed by the Town Manager, or their designee, as such designee may be determined by Resolution of the Town Council of the Town of Snowmass Village. Expenditures of REOP funds shall be used for the following purposes: a. planning, design, and implementation of renewable energy generation projects, b. purchase of renewable energy offsets (credits), c. providing a community grant and /or rebate program for energy efficiency enhancements or renewable energy generation projects, and d. funding other resources and administrative costs associated with green building and environmental sustain a bility- oriented efforts. now— 08 -11 TC Page 6 of 6 Expenditures shall be consistent with the Renewable Energy Offset Program Protocols, as such Protocols shall be described and approved by Resolution of the Town Council of the Town of Snowmass Village prior to the effective date of this Ordinance. 7. Effective Date and Applicability. This Ordinance shall become effective on November 1, 2008, and shall apply to all Building Permit applications received after that date. a. Planned Unit Developments that have received Final Approval prior to the effective date shall not be subject to the provisions of this Ordinance. b. The Town Council shall review the fees established by this ordinance within one year of the ordinance's effective date. 8. Waivers. Upon receipt of a written waiver request from a project applicant, the Town Council may elect to waive any or all of the. provisions of this ordinance based upon a finding of community benefit, or public safety need. 9. Severability. If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are severable. READ, APPROVED AND ADOPTED, by the Town Council of the Town of Snowmass Village on the First Reading on August 4, 2008 upon a motion by Mayor Mercatoris second of Council Member Sparhawk, and upon a vote of 3 in favor and 0 opposed. Council Members Mordkin and Wilkinson were absent. READ, APPROVED AND ADOPTED, by the Town Council of the town of Snowmass Village on Second Reading on September 8, 2008 upon a motion by Council Member Sparhawk, the second of Council Member Wilkinson, and upon a vote of 4 in favor and Oopposed. Council Member Lewis was absent:, TOW OF WMASS VILL Do la er toris, ayor AT Rhonda Coxon, Town Clerk APP�OVED A' TO FORM: t John Dresser, Town Attorney 1 ATTACHMENT B 2 3 Town of Snowmass Village 4 Town Council 5 6 Ordinance No. 15 7 Series of 2010 8 9 AN ORDINANCE TO REPLACE SECTION 18 -224 OF THE TOWN OF 10 SNOWMASS VILLAGE MUNICIPAL CODE 11 12 WHEREAS, the Town Council supports and promotes energy conservation and 13 the use of energy efficient building practices within the Town of Snowmass Village, and 14 15 WHEREAS, the Town Council supports and promotes renewable energy 16 generation within the Town of Snowmass Village, and 17 18 WHEREAS, the Town Council finds it necessary and beneficial to establish 19 building efficiency standards that exceed those required under the Town's Energy 20 Conservation Code, and 21 22 WHEREAS, the Town Council finds it necessary and beneficial to require on -site 23 or community sited renewable energy generation to offset the energy demand of outdoor 24 amenities such as pools, hot tubs, snowmelt systems and heated garages, and 25 26 WHEREAS, the Town Council finds it necessary and beneficial to establish in- 27 lieu fee options for property owners that choose not to employ energy efficient building 28 practices, or that wish to build highly energy consumptive outdoor amenities, and 29 30 WHEREAS, the revenues derived from such in -lieu fees will establish a funding 31 mechanism to facilitate the development of renewable energy generation projects and 32 programs to enhance energy efficiency throughout the Village, and 33 34 WHEREAS, the Town Council finds that the adoption of this Ordinance is in the 35 best interest of the Town and is reasonably necessary to promote and preserve the public 36 health, safety and welfare. 37 38 NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of 39 Snowmass Village, as follows: 40 41 REPLACE IN ITS ENTIRETY: 42 Section 18 -224 Building Efficiency Standards and Renewable Energy Offset Program 43 (REOP) 44 45 WITH: 46 Section 18 -224 Home Energy Rating System (HERS) and Renewable Energy Offset 47 Program (REOP) 48 1. Residential Construction 49 50 This Section shall apply to all new residential construction regulated by the International 51 Residential Code including additions of 1,000 square feet or more. Compliance with this 52 Section will require the submission of a Home Energy Rating System (HERS) rating in 53 conjunction with the Building Permit application. Prior to receiving a Certificate of 54 Occupancy or Completion a final HERS rating certificate, based upon field inspections 55 and testing done during and at the end of construction, shall be submitted to the Building 56 Department to verify compliance. 57 58 TABLE 1 59 60 Size of Project HERS Index Fee in Lieu 61 62 1000 3000 SF 80 3.00 SF 63 3001 5000 SF 75 4.00 SF 64 5001 10,000 SF 70 5.00 SF 65 Over 10,000 SF 65 6.00 SF 66 67 Applicants are required to achieve the required HERS Index or pay the fee in lieu as 68 listed in Table 1. 69 70 This Section shall apply to interior energy uses only. For exterior energy uses, see 71 Section Three. 72 73 2. Commercial Construction 74 75 This Section shall apply to all new commercial construction regulated by the 76 International Building Code including additions of 1,000 square feet or more. 77 Compliance with this Section requires the documentation of either COMcheck or DOE -2 78 simulated energy performance as listed in Table 2. This simulated energy performance 79 criteria, shall exceed the requirements of the International Energy Conservation Code or 80 ASHRAE 90. 1, whichever is applicable, by at least 15% 81 82 TABLE 2 83 84 Size of Project Required Submittal Fee in Lieu 85 86 1000 5000 SF COMcheck or DOE -2 6.00 SF 87 Over 5000 SF DOE -2 7.00 SF 88 89 Applicants are required to comply with the Submittal documents or pay the fee in lieu as 90 listed in Table 2 91 92 This Section shall apply to interior energy uses only. For exterior energy uses, see 93 Section Three. 94 95 3. Exterior Energy Uses 96 97 This Section shall apply to exterior energy uses including, but not limited to, outdoor 98 pools and spas, snowmelt systems and heated garages. 50% of the Annual Energy Use 99 (AEU) of all exterior systems shall be offset with on -site or off -site community 100 renewable energy systems approved by the Chief Building Official. Calculations for this 101 Section can be found in Table 3. Renewable credits for this Section can be found in 102 Table 4. 103 104 Snowmelt systems shall be limited to not more than 10% of the developable area of the 105 parcel. 106 107 Hot water fossil fuel and electric boilers utilized for exterior energy uses shall have a 108 minimum efficiency of 90% AFUE. 109 110 111 TABLE 3 112 113 System Type REOP Payment Option 114 115 Snowmelt 34.00 SF 116 117 Swimming Pool 136.00 SF 118 119 Spa 176.00 SF 120 121 Heated Garage 8.00 SF 122 123 124 125 TABLE 4 126 127 Renewable Energy System Allowed Credit 128 129 Solar Hot Water 125.00 SF 130 131 Photo voltaic $6.25 watt 132 133 Ground Source Heat Pump (GSHP) 6.75 /100,000BTU /yr 134 (System must supply 20% of peak load for building heating and all exterior energy use) 135 136 Micro -hydro generation Case Specific 137 138 Wind generation Case Specific 139 140 Replacement of existing boiler $400.00 1% of increased 141 efficiency 142 143 144 145 146 147 148 Exemptions: 149 150 1. Residential snowmelt applications are allowed an exemption of 200 SF. 151 152 2. Residential snowmelt driveways exceeding 8 slope. (Specific case 153 review) 154 155 3. Commercial multi dwelling occupancies are allowed a snowmelt 156 exemption of 50 SF per dwelling. 157 158 4. Commercial and residential spas not more than 64 SF in surface area. 159 160 5. Accessible Route (as defined in the IBC and ANSI Al 17.1) 161 a. Site arrival points. Accessible routes (a clear and unobstructed 162 path) within the site shall be provided from public transportation 163 stops; accessible parking; accessible passenger loading zones; and 164 public streets or sidewalks to the accessible building entrance 165 served. 166 167 b. Within a site. At least one accessible route shall connect 168 accessible buildings, accessible facilities, accessible elements and 169 accessible spaces that are on the same site. 170 171 c. Connected spaces. When a building or a portion of a building is 172 required to be accessible, an accessible route shall be provided to 173 each portion of the building, to accessible building entrances 174 connecting accessible pedestrian walkways and the public way. 175 176 Snowmelt can be utilized to achieve these provisions without 177 offset or fees. 178 179 6. Pre existing Systems. Pre existing snowmelt, pools or spas that are 180 being altered or renovated qualify for exterior energy credit. This credit 181 can only be applied towards an installation of exterior energy on the same 182 parcel. The calculation of the credit shall be based on Table 4 of this 183 Section. An energy cost analysis of the existing system compared to the 184 proposed system will be required to satisfy this exemption. 185 186 7. Repairs. Repairs to building components, systems or equipment which 187 do not increase their pre- existing energy consumption need not comply 188 with this Section. All replacement equipment shall be subject to current 189 code provisions. 190 191 8. Appeals. An application that has been denied by the Chief Building 192 Official may be submitted to the Building Department Board of Appeals 193 for review. 194 195 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 photo voltaic 196 197 4. Energy Code Review Fee 198 199 An Energy Code Review fee of $1,000 or 10% of the project's building permit fee, 200 whichever is less, shall be paid prior to issuance of the main building permit. This fee 201 will cover the administrative costs associated with the plan review and field inspections 202 to verify compliance with this Section. 203 204 5. Fee Collection 205 206 Fees will be collected by the Town of Snowmass Village Building Department prior to 207 issuance of the main permit for the project. Collected fees shall be retained in a separate 208 account classified as the Town of Snowmass Village Renewable Energy Offset Program. 209 210 A building project will not be eligible to receive a Building Permit until the Permit 211 Applicant has demonstrated compliance with this Section by meeting the applicable 212 energy efficiency standards or paying the fees in lieu. 213 214 6. Management and Appropriation of REOP Funds 215 216 Fees collected and retained in the REOP account are to be managed by the Town 217 Manager, or their designee and such designee may be determined by Resolution of the 218 Town Council of the Town of Snowmass Village. 219 220 Expenditures of REOP funds shall be used for the following purposes: 221 222 a. Planning, design and implementation of renewable energy generation projects. 223 224 b. Purchase of renewable energy offsets (credits). 225 226 c. Providing a I community grant and/or rebate program for energy efficiency 227 enhancements or renewable energy generation projects. 228 229 d. Funding other resources and administrative costs associated with green 230 building and environmental sustainability oriented efforts. 231 232 Expenditures shall be consistent with the Renewable Energy Offset Program protocols; as 233 such protocols shall be described and approved by Resolution of the Town Council of the 234 Town of Snowmass Village prior to the effective date of this Ordinance. 235 236 7. Effective Date and Applicability 237 238 This Ordinance shall become effective on December 1, 2010 and shall apply to all 239 Building Permit applications received after that date. 240 '241 8. Waivers 242 243 Upon receipt of a written waiver request from a project applicant, the Town Council may 244 elect to waive any or all of the provisions of this ordinance based upon a finding of 245 community benefit or public safety need. 246 247 9. Severability 248 249 If any provision of this Ordinance or application hereof to any person or circumstance is 250 held invalid, the invalidity shall not affect any other provision or application of this 251 Ordinance which can be given effect without the invalid provision or application, and, to 252 this end, the provisions of this Ordinance are severable. 253 254 READ, APPROVED AND ADOPTED, by the Town Council of 255 the Town of Snowmass Village at the First Reading on upon a motion 256 by Council Member the second of Council 257 Member and upon a vote of in favor 258 and opposed. 259 260 READ, APPROVED AND ADOPTED, by the Town Council of 261 the Town of Snowmass Village at the Second Reading on upon a motion 262 by Council Member the second of Council 263 Member and upon a vote of in favor and 264 opposed. 265 266 267 268 TOWN OF SNOWMASS VILLAGE 269 270 271 Bill Boineau, Mayor 272 273 274 ATTEST: 275 276 277 Rhonda Coxon, Town Clerk 278 279 28o APPROVED AS TO FORM: 281 282 283 John Dresser, Town Attorney 284 285 286 287 288 289 290 291 292 Attachment C REOP RENEWABLE ENERGY OFFSET PROGRAM Proposed changes to the original Ordinance No. 11, Series of 2008 Residential HERS (Home Energy Rating System) Project Size Original New 1000 to 3000 70/$5.00 80/$3.00 3001 to 5000 70/$5.00 75/$4.00 5001 to 10,000 65/$3.00 70/$5.00 Over 10,000 60/$4.00 65/$6.00 Commercial The simulated energy performance criteria shall exceed the requirements of the International Energy Conservation Code or ASHRAE 90. 1, whichever is applicable, by at least 30 Due to increased efficiency in the new code this number was changed to 15% Project Size Original New 1000 to 5000 $8.00 SF $6.00 SF Over 5000 $8.00 SF $7.00 SF Exterior Energy Uses it Off-site community renewable energy systems" was added for greater flexibility to offset on -site energy use. °Snowmelt systems shall be limited to not more than 10% of developable area of the parcel" was added to the text. "Hot water fossil -fuel and electric boilers utilized for exterior energy uses shall have a minimum efficiency of 90% AFUE" was added to the text. woo "Renewable Credits" was added, as follows, and "Annual Energy Use" was deleted to simplify the requirements and calculations. Renewable Energy System Allowed Credit Solar Hot Water $125.00 SF Photo voltaic 6.25 SF Ground Source Heat Pump (GSHP) $6.75 100,000 Btu Micro -hydro generation Case Specific Wind Generation Case Specific Replacement of existing boiler $400.00 1% of increased efficiency Exemptions: Old New Single Family driveway 200 SF 200 SF Multi family driveway 50 SF 50 SF Driveways over 8% slope Entire area Entire area Spas Hot Tubs 64 SF 64 SF Accessible Route NO YES Pre existing systems NO YES Repairs NO YES Appeals YES YES This is the extent of the proposed changes to the Ordinance 11, Series of 2008. Attachment D MEMORANDUM TO: Snowmass Village Town Council FROM: Jason Haber, Economic Resource Director Mark Kittle, Chief Building Official DATE: April 7, 2008 SUBJECT: FIRST READING OF ORDINANCE NO. 6, SERIES OF 2008 RENEWABLE ENERGY MITIGATION PROGRAM (REMP) I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL 1. Receive a presentation discussing various structuring options for a Renewable Energy Mitigation Program (REMP) 2. Approve the First Reading of Ordinance No. 6, Series of 2008, an Ordinance to be Implemented into Chapter 18 of the Town Of Snowmass Village Municipal Code to Establish a Renewable Energy Mitigation Program (REMP). II. DISCUSION On March 18, 2008, Council directed staff to prepare a summary of the economics and operational mechanics associated with two structuring options for establishing a Renewable Energy Mitigation Program (REMP) for Snowmass Village. At that time, the primary question centered around whether the Town would prefer to participate in a "cooperative" REMP program along with the City of Aspen and Pitkin County, or establish a "stand- alone" program. Staff was asked to provide additional analysis of the two options, which is provided in this report. Staff is recommending participation in the cooperative REMP program, and has presented Ordinance No. 6, Series of 2008, for Council's consideration of approving participation in such a program. As there has been a very limited public outreach effort associated with this proposal, staff would further recommend that, if Council were to adopt Ordinance No 6, Series of 2008 on first reading, 2n reading approval should be postponed until the May 5, 2008 Council Meeting in order to allow staff to better communicate with the various stakeholder groups affected by this ordinance. 1. CORE Overview In developing the Ordinance presented herewith, staff has collaborated closely with the Community Office for Resource Efficiency (CORE). CORE is a nonprofit organization that promotes renewable energy, energy efficiency and green building in western Colorado and beyond. Gary Goodson, CORE's Executive Director as of November 2007, has been with CORE since 2005. CORE's partnerships with individuals, governments, and businesses have led to a remarkable series of accomplishments (see "An Overview of CORE's Achievements, attached). In 1994, The Town of Snowmass Village entered into an Interorganizational Agreement (IOA) between the City of Aspen, Pitkin County, The Town of Snowmass Village, Holy Cross Electric Association, Rocky Mountain Natural Gas, Division of KN Energy, Inc., and the Energy 2000 Committee for the establishment and operation of the Community Office for Resource Efficiency (CORE). In that agreement, a joint funding structure was established to provide the operational and overhead start -up costs associated with the new endeavor. The Town committed to fund $10,000 in the first year and nothing beyond that. The other three signatories still operating in the area (City of Aspen, Pitkin County, and Holy Cross) have continued their funding contributions to CORE on an annual basis. Furthermore, seats on the CORE Board of Trustees were assigned among the original parties to the IOA. The Town of Snowmass Village has maintained representation on the Board since its inception. In 2000, and as described in more detail in the "Overview of CORE's Achievements" noted above, CORE helped start the world's first Renewable Energy Mitigation Program (REMP), which has raised nearly $8,000,000 over the last seven years. This money is used to fund various grant programs to lower carbon emissions in the Roaring Fork Valley. To date, $140,000 in REMP grant funds have been directly appropriated to projects located within the Town of Snowmass Village (see attached). The 2008 CORE budget is also attached for Council reference. 2. Ordinance No. 6. Series of 2008 The proposed ordinance would establish the Town's authority to require specific, more aggressive levels of energy efficiency and building performance in most new construction, building renovations, and additions. A fee structure is outlined to provide an in -lieu option for those project owners not wishing to pursue the required levels of efficiency in their building projects. In addition, a fee schedule is described to apply to project components requiring significant amounts of exterior energy usage (i.e., outdoor pools, hot tubs, snowmelt systems, and heated garages). Finally, an administrative Energy Code Review fee would be established, and administrative protocols are presented to describe the manner in which revenues collected under the REMP are to be handled and appropriated. a. Colorado Energy Star and Home Energy Rating Score (HERS) A home energy rating is an analysis of a home's projected energy efficiency in comparison to a 'reference home' based on the 2006 International Energy Conservation Code (the Town's adopted energy code). A home energy rating involves both an analysis of a home's construction plans, as well as onsite inspections and testing by a certified Home Energy Rater. A Home Energy Rater uses specially designed software to analyze the expected energy use of the home based on the home's construction plans. This analysis yields a projected, pre construction rating score for this home (called a HERS Index). When the rating is being conducted for the purposes of achieving a particular HERS score, the rater then works with the builder to identify the energy efficiency improvements needed to ensure the house will meet the required performance targets. The rater then conducts onsite inspections, typically including a blower door test (to test the leakiness of the house) and a duct test (to test the leakiness of the ducts). Results of these tests, along with data from the software analysis, are used to generate a final HERS Index score for the home. Under the process proposed for Snowmass Village, the cost of this analysis and testing would be borne by the project owner. The lower a home's HERS Index, the more energy efficient it is. A home built to code scores a HERS Index of 100, while a net zero energy home scores a HERS Index of 0. Each 1 -point decrease in the HERS Index corresponds to a 1 reduction in energy consumption compared to the HERS Reference Home. Thus a home with a HERS Index of 70 is 30% more energy efficient than the reference home and a home with a HERS Index of 60 is 40% more energy efficient. Again, under the proposed process, the applicant would be required to submit an Energy Worksheet showing compliance with the adopted scoring requirements and /or the REMP fee calculations. For residential projects this will include an E -Star report. Commercial projects applicants would be required to include the energy simulation reports from an industry recognized computer simulation program, such as DOE -2, BLAST or EnergyPlus. 3. Renewable Energy Mitigation Program Structuring Options In this section we will return to the analysis of whether a cooperative (Snowmass Village /Aspen /Pitkin) REMP program, versus a stand -alone program, would be preferable to the Town. In an attempt to provide a balanced discussion of the pros and cons of each option, several questions posed by Council and staff are addressed, as follows: a. Describe the mechanics of the "cooperative" versus the "stand- alone" REMP Program. i. In the cooperative structure: 1. It is envisioned that a Joint Resolution would be executed among the Town of Snowmass Village, the City of Aspen, and Pitkin County, establishing a Renewable Energy Mitigation Program Protocol depicting the manner in which CORE is to manage program administration, revenue collections, fund management, and funding appropriations. 2. Revenues accumulated in the REMP Fund would be pooled to create a funding source and the CORE Board of Trustees would present a recommended slate of grants and other appropriations to be made from the available funds. 3. On an annual basis, each of the participating jurisdictions would review and approve the proposed expenditures by Joint Resolution. Each of the jurisdictions would have veto power to ensure that appropriations are distributed in an equitable and mutually beneficial manner. 4. From a staffing perspective, the Town's Building Department would review and verify technical analyses presented by applicants, and would collect fees at the time of Building Permit issuance. CORE staff would provide all of the functions outlined in the attached document entitled "Management of REMP Residential Rebate Program." ii. In the stand -alone structure: 1. The Town would have unilateral decision making power regarding the protocols for program management and funding authorizations. In addition, responsibility for program administration would fall entirely to Town staff. b. Describe the economics of the "cooperative" versus the "stand- alone" REMP Program. i. In the cooperative structure: 1. In acknowledgement of the executive, staffing, and overhead costs associated with program administration (and considering that those costs are likely to fluctuate in proportion to the amount of fee revenue generated, managed, and dispersed in a given year), the Town would aim commit to making an annual contribution to CORE in an amount equal to the greater of 5% of the REMP fees generated in Snowmass Village, or $20,000. 2. The City of Aspen currently contributes $30,000 annually, while Pitkin County contributes $90,000 per year to CORE for administrative costs. 3. Administrative cost contributions from the Town would be made from REMP generated revenues, thereby representing no new impact to the Town's General (or any other) Fund. ii. In the stand -alone structure: 1. The Town would absorb a cost estimated at $100,000 per year for staffing needs alone (either hired or contracted), similar to actual costs realized under the Town of Carbondale's stand -alone program. 2. Again, these costs could be paid from REMP generated revenue. c. What kind of grant returns would be anticipated for Snowmass Village under the proposed REMP Program? i. Grant revenues applied /awarded for projects within the Town would be commensurate with the REMP fees generated therein. If the cooperative REMP structure were selected CORE staff would advertise grants in the Snowmass Sun and on radio and TV to solicit grant applications. The applications would be reviewed with Town staff and the CORE Board of Trustees to ensure that there was an adequate fund balance to cover the grant requests. By virtue of the need to have a fully executed joint resolution among all participating jurisdictions, each governmental entity would be able to ensure that funds are distributed equitably across jurisdictions. Furthermore, each jurisdiction would be able to vote down a particular funding request (or recommended appropriation) in any given year, although it should be noted that this has NOT typically occurred in the past. ii. The fee amounts for a homeowner that does not decide to meet the performance goals depends on the size of the home and whether or not they have external loads or mitigate those external loads on -site. For a 4,000 sq. ft. home with a 100 sq. ft. spa they would pay about $27,000. If there were 20 such homes paying into the fund over the course of a year there would be an aggregate residential REMP fee paid of $540,000. For Commercial space (using a hypothetical example): if a developer has a 20,000 sq. ft. building and decides that they do not want to pursue a high performance design then they would pay $5.00 x 20,000 sq. ft. for a total of $100,000. Assuming no external energy loads. If there were 10 such buildings paying into the fund over the course of a year there would be an aggregate REMP fee paid of $1,000,000. The total for such a year would be $1,540,000 (please note that these estimates have not been keyed to TOSV growth models, nor does this include retrofits of homes /buildings which would add to this estimated total). This estimate is on par with what is collected in Pitkin County on an annual basis. 1C;X0 wo d. Would the Town be giving up control and burdening itself with a more bureaucratic and complicated process by selecting the "cooperative" structure? i. While the cooperative structure, by its nature, may create an additional burden in terms of the mutual effort and political collaboration required, both Town staff and CORE staff believe that this program framework represents a greater opportunity in terms of overall program effectiveness, as compared to the stand -alone structure. This is due primarily to the fact that: A. CORE's Board of Trustees (acting as an independent third party) makes the annual grant recommendations, thereby eliminating some likelihood of the political face -offs experienced in other similar decision making formats; and B. the expanded opportunities created through a pooled funding mechanism, along with the efficiencies created by having shared overhead and staffing costs creates enhanced opportunities to maximize use of the available funding resources and effectuate a broader reach for the greater good. iii. By all accounts, as this cooperative approach has been implemented historically between the City of Aspen and Pitkin County, it has resulted in a highly collaborative process resulting in an equitable and cooperative grant making process. e. What if, after a particular timeframe, the Town decides it is no longer interested in participating in the "cooperative" structure? i. At their sole discretion, the Town Council may choose to discontinue CORE's management of future REMP fees generated within Snowmass Village, with 30 days written notice. Ill. CONCLUSION In considering the information above, staff recommends that Council commit to participation in the "cooperative" REMP program structure and approve on first reading Ordinance No. 6, Series of 2008, to Establish a Renewable Energy Mitigation Program (REMP) for the Town of Snowmass Village. IV. NEXT STEPS If Council approves the First Reading of Ordinance No. 6, the item will be placed on the May 5, 2008 agenda for Second Reading. In the meantime, staff would conduct a public outreach effort to engage the stakeholders most affected by this proposal. The new Ordinance would become effective 15 days after Council's approval at Second Reading. Z�l Town of Snowmass Village Town Council: Ordinance No. 6 Series of 2008 AN ORDINANCE TO BE IMPLEMENTED INTO CHAPTER 18 OF THE TOWN OF SNOWMASS VILLAGE MUNICIPAL CODE TO ESTABLISH A RENEWABLE ENERGY MITIGATION PROGRAM (REMP). WHEREAS, In 1994, The Town of Snowmass Village entered into an Interorganizational Agreement (IOA) between the City of Aspen, Pitkin County, The Town of Snowmass Village, Holy Cross Electric Association, Rocky Mountain Natural Gas, Division of KN Energy, Inc., and the Energy 2000 Committee for the establishment and operation of the Community Office for Resource Efficiency (CORE); and WHEREAS, the Town of Snowmass Village has retained a seat on the CORE Board of Trustees since its inception; and WHEREAS, in 2000, the City of Aspen and Pitkin County launched the Renewable Energy Mitigation Program (REMP); and WHEREAS, CORE manages the REMP generated funds with approval oversight from those participating jurisdictions; and WHEREAS, on March 18, 2008, the Snowmass Village Town Council directed staff to collaborate with the Community Office for Resource Efficiency (CORE) to develop a framework for the Town of Snowmass Village to implement and /or participate in the Renewable Energy Mitigation Program (REMP); and WHEREAS, the Town Council finds it necessary to establish a Renewable Energy Mitigation Program (REMP) funding mechanism to promote the use of renewable energy and energy efficiency, and to pursue the long -term goals of reducing air pollution and greenhouse gas emissions; and WHEREAS, the Town Council finds that the adoption of this Ordinance is in the best interest of the Town and is reasonably necessary to promote and preserve the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Snowmass Village, as follows: A. Chapter 18 of the Snowmass Village Municipal Code is hereby amended by the addition of the following: —1:29 do, Sec. 18 -224. Renewable Energy Mitigation Program (REMP) Ord. 08 -06 Page 2 of 5 1. Residential Construction This section shall apply to any residential new construction, renovation, and /or addition of more than 1,000 square feet, and to any residential building project with a valuation of more than $300,000. For the purposes of this section, building project valuation shall be determined pursuant to Chapter 18, Article 11, Section 18- 42(h). a. All residential building projects are required to achieve a minimum performance rating of 70 points, or less, utilizing the Colorado E -Star Home Energy Rating System (HERS) http:// www.coloradoenergystarhomes.org In lieu of achieving the required HERS score, owners may pay a fee of $5.00 per gross square foot. i. Residential building projects between 5,000 and 9,999 gross square feet shall have the option to achieve a HERS score of 60 points,. or less. In lieu of achieving a HERS score of 60 points, or less, owners may choose to comply with the requirements of Section 18- 224.1.a. above, and pay an additional fee of $1.00 per gross square foot. ii. Residential building projects of 10,000 gross square feet, or more, shall have the option to achieve a HERS score of 50 points, or less. In lieu of achieving a HERS score of 50 points, or less, owners may choose to comply with the requirements of Section 18- 224.1.a. above, and pay an additional fee of $2.00 per gross square foot. If a residential building project includes exterior energy uses, then a separate and additional fee is required as outlined below in Section 3. Exterior Energy Use. 2. Commercial Construction This section shall apply to any commercial or mixed -use new construction, renovation, and /or addition of more than 1,000 gross square feet, and to any commercial or mixed use building project with a valuation of more than $300,000. For the purposes of this section, building project valuation shall be determined pursuant to Chapter 18, Article 11, Section 18- 42(h). a. Based upon total energy usage, commercial or mixed -use building projects are required to exceed the performance of the Town's energy codes in place at the time the building permit is issued by at least 50 In lieu of achieving the required performance levels of this section, owners may pay a fee of $5.00 per gross square foot and shall meet the performance levels required pursuant to the Town's energy codes in place at the time the building permit is issued. If a commercial or mixed -use building project includes exterior energy uses, then a separate and additional fee is required as outlined below in Section 3. Exterior Energy Use. —cirl- Ord. 08 -06 Page 3of5 3. Exterior Energy Use. This section shall apply to project components incorporating exterior energy usage, including snowmelt systems, spas, pools, and heated garages. a. Calculation of the Exterior Energy Use REMP Fee is made pursuant to the following schedule and formula: Energy Use Annual Energy Use Fee Exempt Fee per Sq. Ft. Type BTU /Sq. Ft. Area Above Exemption Snowmelt System 81,800 200 sq. ft. 14 Spa 430,000 64 sq. ft. 176 Pool 332,000 N/A 136 Heated Garage 19,500 N/A 8 The fees described in the schedule above shall be applied on a per square foot basis for exterior energy uses exceeding the "Fee Exempt Area." Fees shall be calculated and adjusted to account for mechanical equipment (boiler) efficiency as illustrated by the following EXAMPLE A driveway snowmelt system of 500 square feet is proposed with a boiler efficiency of 85 The 200 square foot "Fee Exempt Area" is excluded from the fee calculation. A fee of $14 per sq. ft. would apply to the remaining 300 sq. ft. ($14 x 300 $4,200). That amount would be adjusted by an efficiency rating of 0.85 ($4,200 0.85 $4,941), resulting in a total REMP Fee of $4,941 for Exterior Energy Use. b. Regardless of the size of a project component requiring exterior energy use, 100% of the project shall be "Fee Exempt" if at least 50% of the Annual Energy Use (as defined in the schedule above) is produced with renewable energy generated on site via solar electric, solar hot water or geothermal power. 4. Energy Code Review Fee. An Energy Code Review fee equal to 10% of the project's Building Permit Fee shall be paid prior to Building Permit issuance in order to cover the administrative costs associated with evaluating a project's compliance with the Town's Energy Conservation Code and calculating the required REMP Fees, if any. Energy Code Review Fees shall not exceed $1,000 for any project. Energy Code Review fees will accrue directly to the Town of Snowmass of Village, and shall be required regardless of whether a project/owner elects to meet the energy efficiency standards described above, or pays a fee in -lieu. 5. REMP Fee Collection Ord. 08 -06 Page 4 of 5 REMP fees will be collected by the Town of Snowmass Village Building Department prior to Building Permit issuance. Collected fees shall be deposited and clearly accounted for in the REMP Fund. A building project will not be eligible to receive a Certificate of Occupancy until the project owner has demonstrated either that the required energy performance standards have been achieved, or that the Town has received payment of the in lieu fee(s). 6. Management and Appropriation of REMP Funds. Unless otherwise determined by the Town Council of the Town of Snowmass Village, REMP Fees collected in Snowmass Village and deposited into the REMP Fund are to be managed by the staff and Board of Trustees of the Community Office for Resource Efficiency. At their sole discretion, the Town Council may choose to discontinue CORE's management of future REMP Fees generated within Snowmass Village with 30 days written notice. Expenditures of REMP funds generated in Snowmass Village and managed by CORE shall follow the Renewable Energy Mitigation Program Protocol, as such Protocol shall be described and approved on an annual basis in a Joint Resolution of the Town Council of the Town of Snowmass Village, The Aspen City Council, and the Pitkin County Board of Commissioners. REMP spending proposals shall meet the screening criteria of affordable housing, cost effectiveness, public visibility, education, environmental benefits, energy efficiency, leverage, unique opportunity, new technologies and /or green design. Section Three Effective Date. This Ordinance shall become effective on 2008. Section Four Severability. If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance. are severable. READ, APPROVED AND ADOPTED, by the Town Council of the Town of Snowmass Village on the First Reading on May 19, 2008 upon a motion by Council Member Sparhawk, the second of Council Member Wilkinson, and upon a vote of 5 in favor and 0 opposed. READ, APPROVED AND ADOPTED, failed by the Town Council of the town of Snowmass Village on Second Reading on August 4, 2008 Mayor Douglas Mercatoris called the question and the vote failed with a vote of 0 in favor and 3 opposed. Council Members Mordkin and Wilkinson were absent. -81 Ord. 08 -06 Page 5 of 5 TOWN S O MA S VILLAGE Douglas Mercatoris, May r ATTEST: Donna J. Gar a -Spa ding, Deputy Town Clerk APPROVER AS TO FORM: John Dresser, Town Attorney �Sv TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 11 SERIES OF 2008 AN ORDINANCE TO BE IMPLEMENTED INTO CHAPTER 18 OF THE TOWN OF SNOWMASS VILLAGE MUNICIPAL CODE TO ESTABLISH BUILDING EFFICIENCY STANDARDS AND A RENEWABLE ENERGY OFFSET PROGRAM (REOP). WHEREAS, the Town Council supports and promotes energy conservation and the use of energy efficient building practices within the Town of Snowmass Village; and WHEREAS, the Town Council supports and promotes renewable energy generation within the Town of Snowmass Village; and WHEREAS, the Town Council finds it necessary and beneficial to establish building efficiency standards that exceed those required under the Town's Energy Conservation Code, and WHEREAS, the Town Council finds it necessary and beneficial to require on -site renewable energy generation to offset the energy demand of outdoor amenities such as pools and hot tubs, snowmelt systems, and heated garages, and WHEREAS, the Town Council finds it necessary and beneficial to establish in- lieu fee options for property owners that choose not to employ energy efficient building practices, or that wish to build highly energy consumptive outdoor amenities, and WHEREAS, the revenues derived from such in -lieu fees will establish a funding mechanism to facilitate the development of renewable energy generation projects and programs to enhance energy efficiency throughout the Village; and WHEREAS, the Town Council finds that the adoption of this Ordinance is in the best interest of the Town and is reasonably necessary to promote and preserve the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Snowmass Village, as follows: A. Chapter 18 of the Snowmass Village Municipal Code is hereby amended by the addition of the following: Sec. 18 -224. Building Efficiency Standards and Renewable Energy Offset Program (REOP) 1. Residential Construction This section shall apply to all residential new construction, and to any residential addition of at least 1,000 square feet. In order to provide evidence of compliance with this Section, a Home Energy Rating System (HERS) rating shall be submitted at the time of Z_ 2 08 -11 TC Page 2 of 6 building permit application. A final HERS rating certificate, based upon field inspections and testing conducted during construction, shall be submitted prior to receiving a Certificate of Occupancy. a. Residential building projects up to 5,000 square feet are required to achieve a minimum Home Energy Rating System (HERS) Index of 70, or less, utilizing the Colorado Energy Star Home Energy Rating System, and i. In lieu of achieving the required HERS Index, owners may pay a fee of $5.00 per square foot. b. Residential building projects between 5,000 and 9,999 square feet are required to achieve a minimum HERS Index of 65 points, or less. i. In lieu of achieving the required HERS Index, owners may choose to comply with the HERS Index requirements of Section 18- 224.1.a. above, and pay a fee of $3.00 per square foot. c. Residential building projects of 10,000 square feet, or more, are required to achieve a HERS Index of 60 points, or less. i. In lieu of achieving the required HERS Index, owners may choose to comply with the HERS Index requirements of Section 18- 224.1.b. above, and pay a fee of $4.00 per gross square foot, If a residential building project includes exterior energy uses, then a separate and additional fee may be required pursuant to Section 3. Exterior Energy Use, below. 2. Non Residential and Mixed -Use Construction This section shall apply to all non residential or mixed -use new construction, and to any non residential or mixed -use addition of more than 1,000 square feet. For buildings or additions up to 5,000 square feet, COMcheck documentation or a DOE -2 based energy simulation shall be submitted as evidence of compliance with this section. For buildings greater than 5,000 square feet, a DOE -2 based energy simulation shall be required. a. Based upon total energy usage for the building or addition being proposed, non residential or mixed -use building projects are required to exceed the performance of the Town's Energy Conservation Code in place at the time the building permit is issued by at least 30 i. For building projects pursuing Leadership in Energy and Environmental Design (LEED) certification, energy efficiency requirements and performance reviews may be based upon the standards established by the US Green Building Council (i.e., American Society of Heating, Refrigerating and Air Conditioning Engineers ASHRAE Standard 90.1). ii. In lieu of achieving the required energy performance standards, owners may pay a fee of $8.00 per square foot and shall meet the performance standards required pursuant to the Town's Energy coo 08 -11 TC Page 3 of 6 Conservation Code in place at the time the building permit is issued. If a non residential or mixed -use building project includes exterior energy uses, then a separate and additional fee may be required pursuant to Section 3. Exterior Energy Use, below. 3. Exterior Energy Use. This section shall apply to outdoor pools, hot tubs, snowmelt systems, and heated garages. a. At least 50% of the Annual Energy Use accountable to outdoor pools and hot tubs, snowmelt systems, and heated garages, as defined in Section 18- 224.3.b and Section 18- 224.3.c, and in excess of the "Fee Exempt Area" described therein, shall be offset with renewable energy generated on site. b. Heated Garages. Any garage heated by a boiler or furnace system must be controlled by a separate thermostat and zone. A REOP fee shall apply for these types of applications, as described below. c. In lieu of producing the required amount of renewable energy on site, owners may pay a fee calculated in accordance with the following fee schedule and calculation example: L Single- Family Residential Energy Use Annual Energy Use Fee Exempt Fee per SF Type BTU /Sp. Ft. Area Above Exempt Area Snowmelt System 81,800 200 sq. ft. 34 (See Note) Spa 430,000 64 sq. ft. 176 Pool 332,000 N/A 136 Heated Garage 19,500 See Section 18- 224.3.b 8 NOTE The Fee Exempt Area for snowmelt systems shall apply to driveways and driveway aprons only, and shall be equal to the greater of 200 square feet, or that portion of the on -site driveway that exceeds 8% slope plus 200 square feet. The Fee Exempt Area for snowmelting shall not apply to decks, patios, or walkways unless the Chief Building Official determines that snowmelting of these areas represents a life safety issue and is essential to building ingress or egress. Applicants may appeal decisions regarding the necessity of providing snowmelted decks, patios, or walkways to the Town's Board of Appeals and Examiners.) 08 -11 TC Page 4 of 6 ii. Multi Family Residential Energy Use Annual Energy Use Fee Exempt Fee per SF Type BTU /Sq. Ft. Area Above Exempt Area Snowmelt System 81,800 50 sq. ft. 34 (See Note 1) Spa 430,000 64 sq. ft. 176 (See Note 2) Pool 332,000 N/A 136 Heated Garage 19,500 N/A 8 NOTE 1: The Fee Exempt Area for snowmelt systems shall apply to driveways and driveway aprons only, and shall be equal to the greater of 50 square feet per unit, or that portion of the on -site driveway that exceeds 8% slope plus 200 square feet. The Fee Exempt Area for snowmelting shall not apply to decks, patios, or walkways unless the Chief Building Official determines that snowmelting of these areas represents a life safety issue and is essential to building ingress or egress. Applicants may appeal decisions regarding the necessity of providing snowmelted decks, patios, or walkways to the Town's Board of Appeals and Examiners. NOTE 2 The Fee Exempt Area for Spas shall be equal to the greater of 64 square feet, or 3 square feet per unit.) iii. Non Residential and Mixed Use Energy Use Annual Energy Use Fee Exempt Fee per SF Type BTU /Sq. Ft. Area Above Exempt Area Snowmelt System 81,800 (See Note 1) 34 Spa 430,000 64 sq. ft. 176 (See Note 2) Pool 332,000 N/A 136 Heated Garage 19,500 N/A 8 (NOTE 1: The Fee Exempt Area for snowmelt systems shall apply to driveways and driveway aprons only, and shall be equal to the greater of 200 square feet, 50 square feet per unit, or that portion of the on -site driveway that exceeds 8% slope plus 200 square feet. The Fee Exempt Area for snowmelting shall not apply to decks, patios, or walkways unless the Chief Building Official determines that snowmelting of these areas represents a life- safety issue and is essential to building ingress or egress. Applicants may appeal decisions regarding the necessity of providing snowmelted decks, patios, or walkways to the Town's Board of Appeals and Examiners.) (NOTE 2: The Fee Exempt Area for Spas shall be equal to the greater of 64 square feet, or 3 square feet per unit.) 08 -11 TC Page 5of6 d. The fees described in the schedule above shall be applied on a per square foot basis for exterior energy uses exceeding the "Fee Exempt Area," if 50% of such energy use is not offset with on -site renewables. Fees shall be calculated and adjusted to account for mechanical equipment efficiency as illustrated by the following calculation EXAMPLE A driveway snowmelt system of 700 square feet is proposed for a relatively flat single family home site with a boiler efficiency of 85 The 200 square foot "Fee Exempt Area" is excluded from the fee calculation. A fee of $34 per sq. ft. applies to the remaining 500 sq. ft. ($34 x 500 $17,000). That amount is adjusted by an efficiency rating of 0.85 ($17,000 0.85 $20,000), resulting in a total in -lieu fee of $20,000. 4. Energy Code Review Fee. An Energy Code Review fee equal to the lesser of One Thousand Dollars ($1,000) or Ten Percent (10 of the project's Building Permit Fee shall be paid prior to Building Permit issuance in order to cover the Town's administrative costs associated with verifying compliance with this Section 18 -224 and calculating the required REOP Fees, if any. Energy Code Review Fees shall be required regardless of whether an owner elects to meet the applicable building efficiency standards, or pays a fee in -lieu. 5. Fee Collection Fees will be collected by the Town of Snowmass Village Building Department prior to Building Permit issuance. Collected fees shall be deposited to the Town's Renewable Energy Offset Program Fund. A building project will not be eligible to receive a Building Permit until the project owner has demonstrated that the required energy performance standards and /or on -site renewable energy generation requirements have been achieved, or that the Town has received payment of the in -lieu fee. 6. Management and Appropriation of REOP Funds. Fees collected and deposited into the REOP account are to be managed by the Town Manager, or their designee, as such designee may be determined by Resolution of the Town Council of the Town of Snowmass Village. Expenditures of REOP funds shall be used for the following purposes: a. planning, design, and implementation of renewable energy generation projects, b, purchase of renewable energy offsets (credits), c. providing a community grant and /or rebate program for energy efficiency enhancements or renewable energy generation projects, and d. funding other resources and administrative costs associated with green building and environmental sustainability- oriented efforts. 08 -11 TC Page 6 of 6 Expenditures shall be consistent with the Renewable Energy Offset Program Protocols, as such Protocols shall be described and approved by Resolution of the Town Council of the Town of Snowmass Village prior to the effective date of this Ordinance. 7. Effective Date and Applicability. This Ordinance shall become effective on November 1, 2008, and shall apply to all Building Permit applications received after that date. a. Planned Unit Developments that have received Final Approval prior to the effective date shall not be subject to the provisions of this Ordinance. b. The Town Council shall review the fees established by this ordinance within one year of the ordinance's effective date. 8. Waivers. Upon receipt of a written waiver request from a project applicant, the Town Council may elect to waive any or all of the provisions of this ordinance based upon a finding of community benefit, or public safety need. 9. Severability. If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are severable. READ, APPROVED AND ADOPTED, by the Town Council of the Town of Snowmass Village on the First Reading on August 4, 2008 upon a motion by Mayor Mercatoris second of Council Member Sparhawk, and upon a vote of 3 in favor and 0 opposed. Council Members Mordkin and Wilkinson were absent. READ, APPROVED AND ADOPTED, by the Town Council of the town of Snowmass Village on Second Reading on September 8, 2008 upon a motion by Council Member Sparhawk, the second of Council Member Wilkinson, and upon a vote of 4 in favor and Oopposed. Council Member Lewis wasgbsent. TOW OF WMASS VILLAGE Do la er atoris, N yor A Rhonda Coxon, Town Clerk APP�OVD A TO FORM: 9 John Dresser, Town Attorney -39 MEMORANDUM TO: Snowmass Village Town Council FROM: Jason Haber, Economic Resource Director DATE: September 8, 2008 SUBJECT: SECOND READING OF ORDINANCE N0, 11, SERIES OF 2008 BUILDING EFFICIENCY STANDARDS AND RENEWABLE ENERGY OFFSET PROGRAM (REOP) t. PURPOSE AND ACTIONS REQUESTED OF COUNCIL. 1. Ordinance No. 11 would establish aggressive energy efficiency standards for all new construction and additions of 1,000 square feet or greater. It would also establish a Renewable Energy Offset Program (similar to REMP) for the Town of Snowmass Village. 2. Staff is recommending that Council approve the Second Reading of Ordinance No. 11, Series of 2008. II. DISCUSSION 1. Summary of Ordinance No. 11, Series of 2008 Ordinance No. 11 would establish energy efficiency standards for new construction and additions greater than 1,000 sf. In -lieu fees would provide options for those unable to achieve the required energy efficiency standards in their projects. Renewable energy generation requirements would be established to offset energy demand accountable to outdoor pools and hot tubs, snowmelt systems, and heated garages. In lieu fees would provide options for those wishing to build these amenities without offsetting their energy load with on -site renewables. Fees collected would be managed by the Town and used to establish a fund for renewable energy projects, a grant making or rebate program, or other sustainability- oriented projects. Finally, an Energy Code Review fee would be established to cover the Town's administrative costs associated with adoption of the Building Efficiency Standards and implementation of the Renewable Energy Offset Program (REOP). 2. Background On August 4, 2008, Council approved the first reading of Ordinance No. 11, Series of 2008. At that time, staff was directed to continue community outreach efforts regarding the proposed ordinance, and as such, a public meeting was held to discuss the topic on August 27, 2008. Since February 2008, the proposed legislation has been presented and discussed at six (6) Council meetings. In addition, eight (8) other public meetings have been held to discuss the matter, including meetings with the Town's Building Board of Appeals, the Second Homeowners Advisory board, and the Snowmass Homeowners Association Design Committee. On July 1 and 15' the Town hosted public workshops aimed at developing a Community Environmental Sustainability Plan. The Draft Community Environmental Sustainability Plan (copies available upon request from the Town Clerk) that has emerged from that effort includes several goals and action items that are either consistent with, or speak directly to the concept of the program proposed under the subject ordinance. Most directly, under the "Energy Conservation and Climate Protection" heading, Goal #2 states that the Town should "Significantly increase energy efficiency across all sectors of the community... Action Item #3 under the same heading suggests that the Town "Develop a 'fee -bate' program to offset impacts of inefficient building design and outdoor energy use... Under the heading of "Locally- Generated Renewable Energy," Goal #1 states that we should "Increase the use of locally generated, non polluting, renewable energy across all sectors of the community." It is staffs opinion that Ordinance No. 11 is highly consistent with these goals, and would be an effective way for the Town to act quickly to implement one of the plan's recommended action items. Input received during public meetings, along with assistance from the City of Aspen, Pitkin County, and the Community Office for Resource Efficiency (CORE) has greatly informed the latest iteration of this ordinance, Additional technical analysis and consultant support have been provided by Jeff Dickinson at Biospaces, Inc., Rick Heede of Climate Mitigation Services, and Lauren Martindale of the Colorado E -Star program. 3. Snowmelting versus snowplowing... In response to questions raised regarding the environmental trade -offs between snowplowing and snowmelting driveways, Rick Heede of Climate Mitigation Services www.climatemitigation.com and Jeff Dickinson of Biospaces, Inc. http:// EneEgyandSustainab [eDesign.com have provided the attached analysis (Attachment 1). While it is acknowledged that a lot more detailed and field- tested analysis is required to get a true understanding of this comparison, the preliminary analysis indicates that (depending on the assumptions used) snowmelting generates somewhere between 5- and 40 times more carbon dioxide than snowplowing. 4. What has changed since first reading? Changes affecting several aspects of the proposed ordinance have been incorporated based upon Council input received at first reading, and additional technical analysis conducted since that time. These include: i. Residential performance standards and in -lieu fees... Clarifications regarding documentation required to demonstrate energy compliance have been added. Residential energy efficiency standards have been increased as follows: Homes up to 5,000 sf must achieve a Home Energy Rating System (HERS) Index of 70 (changed from 80 at first reading). Homes between 5,000 and 9,999 sf must achieve a HERS Index of 65 (changed from 70 after first reading). In -lieu fees have been reduced on a per square foot basis for the two home size categories of 5,000 sf and greater. This is in acknowledgement of the fact that homes in these size categories would still be required to meet the HERS Index of 70, even if they choose not to achieve the performance goal required (i.e., HERS Index 65 or 60). While acknowledging the cost required to achieve the mandatory HERS Index of 70, the per square foot fees have been amended to maintain an incentive for the applicant to achieve the incremental performance enhancement, without being excessive. Previous fee -in -lieu figures did not account for the cost of achieving the HERS Index of 70, and as such, were found to be too high. ii. Non residential performance standards... Clarifications regarding documentation required to demonstrate energy compliance have been added. For building projects pursuing Leadership in Energy and Environmental Design (LEED) certification, energy efficiency requirements and performance reviews may be based upon the standards established by the US Green Building Council (i.e., ASHRAE 90.1 vs. IECC 2003). The non residential and mixed -use in -lieu fee has been increased from $7 per square foot to $8 per square foot in order to remain consistent with that for the largest residential category (10,000 sf or greater), and to create an effective incentive for property owners to achieve the required energy efficiency standards. iii. Exterior Energy Uses... 50% of the annual energy use associated with outdoor pools and hot tubs, snowmelt systems and heated garages (in excess of the "Fee Exempt Area shall be offset with renewable energy generated on -site (changed from 30% at first reading). Fee Exempt Areas for Snowmelt Systems have been reduced as follows, o For Single Family Greater of 200 sf (changed from 400 sf at first reading), or 8% driveway slopes plus 200 sf o For Non residential and Mixed Use Greater of 200 sf (changed from 400 sf at first reading), 50 sf per unit, or 8% driveway slopes plus 200 sf. Provisions have been added for all project types indicating that: o The Fee Exempt Area for snowmelting shall not apply to decks, patios, or walkways unless the Chief Building Official determines that snowmelting of these areas represents a life safety issue and is essential to building ingress or egress o Decisions regarding the necessity of providing snowmelted decks, patios, or walkways may be appealed to the Town's Building Board of Appeals. The fee calculation example has been altered to reflect the reduced "Fee Exempt Area" of 200 sf. Heated Garage has been defined. The definition and applicability of REOP fees for heated garages is derived from the Town of Basalt's model. Snowmelt System "Fee per SF Above Exempt Area The $14 figure remains consistent with the ordinance that was approved at first reading. However, analysis conducted between first and second reading indicates that this figure is too low, thereby creating a strong incentive for applicants to pay the fee rather than implement on -site renewables. This error is attributable to the fee not being updated to reflect new data indicating higher energy loads for snowmelt systems (i.e., 81,800 BTU /SF/YR as opposed to a previous calculation of 34,425 BTU /SF/YR): Essentially, the fee in -lieu is based on old data that is no longer valid. In fact, each of the "Fee per SF" figures used for pools, hot tubs, and heated garages equate approximately to $1 of fee per 2,442 BTUs /SF/YR. Given the current data regarding annual energy use from snowmelt systems (81,800 BTU /SF/YR), a fee of $14 per SF equates to $1 per 5,842 BTU /SF/YR (less than half that for the other outdoor amenities). In order to bring this fee in line with the others, it would have to be raised to $34 per SF. For comparison, the cost of offsetting 50% of the energy load generated by snowmelt with a solar photovoltaic system (solar electric) would be approximately $43 per square foot. The cost of offsetting 50% of the energy load generated by snowmelt with a solar thermal system (solar hot water) would be approximately $17 per square foot. A $14 per SF-fee would be an attractive choice for any applicant considering a snowmelt system in excess of the Fee Exempt Area. By contrast, a $34 per SF fee would create an incentive for that applicant to offset the energy demand with a solar hot water system, and given the lifecycle energy cost savings represented by a solar electric system, may create a greater impetus to go in that direction as well. iv. Appropriation of REOP Funds... Expenditures of REOP funds shall be made in accordance with protocols to be adopted by Council Resolution prior to the effective date of Ordinance No. 11. o Immediately following adoption of Ordinance No. 11, staff will begin work on drafting the REOP expenditure protocols. In concept, staff would likely propose a bi- annual application and funding process, with the first funding cycle beginning 6-months after the effective date of Ordinance No. 11. Funding applications would then be reviewed every 6- months, based upon fund usage and availability. Applications would be solicited and accepted from Snowmass Village community members, homeowners, and businesses, as well as builders, developers, public agencies, special districts, and non profits. The Town would also be eligible to use REOP funds upon Council authorization. Staff would review and present applications received for Council consideration. Council would decide which funding applications to approve, and may choose to spend the full amount of available REOP funds, or may choose to reserve and roll over available funds for future appropriations. Expenditures of REOP are now stated to be used for the following purposes: o planning, design, and implementation of renewable energy generation projects, MIA purchase of renewable energy offsets (credits), providing a community grant and /or rebate program for energy efficiency enhancements or renewable energy generation projects, and funding other resources and administrative costs associated with green building or sustainability- oriented efforts. V. Effective Date and Applicability... The Ordinance's effective date is proposed to be November 1, 2008 (previously January 1, 2009). All projects requesting building permits after November 1, 2008.would be subject to the provisions of Ordinance No. 11. An exemption for Planned Unit Developments that have received Final Approval prior to the ordinance's effective date has been added. This concept was identified as an item for consideration during first reading, but no closure was achieved on the matter. vi. Waivers... A section was added giving Council the ability to waive any aspect of this ordinance upon a finding of excessive hardship, community benefit, or public safety need. Ill. CONCLUSION Staff believes that many of the concerns raised to date have been addressed in the proposed ordinance. We are confident that any outstanding issues can be addressed during the second reading review and would recommend approval of the second reading of Ordinance No. 11 once those issues are resolved. GOP SNOWMELT /SNOWPLOWING COMPARISONS Jeff Dickinson, Biospaces, Inc. Information provided by Rick Heede, Climate Mitigation Services, www.climatemitigation.com Disclaimer: A lot more research needs to be done monitoring actual systems for performance and consumption in order to verify these numbers. Snowmelt needs a lot more research. I think I am using the data you sent a year ago (34,425 Btu /sf -yr), which implies 230 hrs of boiler on per year and, assuming a 1,000 sf driveway, suggests 4,814 lb CO2e per year. (New data suggests 81,800 Btu /sf -yr, is more accurate for Snowmelt systems, 11,438 lb CO2e per year.- Jeff Dickinson addition). This estimate could well be low, it does not account for systems working improperly, or poorly designed. If we assume plowing instead and 20 plows per year at 0.5 gallons of diesel fuel for each plow plus (at 30 mile roundtrip per plow divided among 15 accounts for each of 20 plows) 3.3 gallons for plower driving, or a total of 298 lb CO2 pear season. If we double this to 1 gallon per plow and 60 miles roundtrip drive, then 597 lb CO2 per season, or even quadruple to account for 40 plows per year 1,194 lb CO2 per year). All of these assumptions can be challenged. But I am not assuming that a plow driver lives 1S or 30 miles away just to come to TOSV for one plow account but (in my case) 15 accounts in TOSV. In any case, 4,814 lb CO2e is unfavorable if compared to the plowing alternatives of 298, 597, or 1,194 lb CO2 per season. Really, this should be investigated using measured data on driveway melt systems, driveway size, operating hours, boiler size, system management, and so forth. ATTACHMENT 1 now, If go 1 Town of Snowmass Village 2 Town Council 3 4 Ordinance No. 11 5 Series of 2008 6 7 8 AN ORDINANCE TO BE IMPLEMENTED INTO CHAPTER 18 OF THE TOWN OF 9 SNOWMASS VILLAGE MUNICIPAL CODE TO ESTABLISH BUILDING EFFICIENCY 10 STANDARDS AND A RENEWABLE ENERGY OFFSET PROGRAM (REOP). 11 12 WHEREAS, the Town Council supports and promotes energy conservation and 13 the use of energy efficient building practices within the Town of Snow' mass Village; and 14 15 WHEREAS, the Town Council supports and promotes renewable energy 16 generation within the Town of Snowmass Village; and 17 18 WHEREAS, the Town Council finds it necessary and beneficial to establish 19 building efficiency standards that exceed those required under the Town's Energy 20 Conservation Code, and 21 22 WHEREAS, the Town Council finds it necessary and beneficial to require on -site 23 renewable energy generation to offset the energy demand of outdoor amenities such as 24 pools and hot tubs, snowmelt systems, and heated garages, and 25 26 WHEREAS, the Town Council finds it necessary and beneficial to establish in- 27 lieu fee options for property owners that choose not to employ energy efficient building 28 practices, or that wish to build highly energy consumptive outdoor amenities, and 29 30 WHEREAS, the revenues derived from such in -lieu fees will establish a funding 31 mechanism to facilitate the development of renewable energy generation projects and 32 programs to enhance energy efficiency throughout the Village; and 33 34 WHEREAS, the Town Council finds that the adoption of this Ordinance is in the 35 best interest of the Town and is reasonably necessary to promote and preserve the 36 public health, safety and welfare. 37 38 NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Snowmass 39 Village, as follows: 40 41 A. Chapter 18 of the Snowmass Village Municipal Code is hereby amended by the 42 addition of the following: 43 44 Sec. 18 -224. Building Efficiency Standards and Renewable Energy Offset 45 Program (REOP) 46 47 1. Residential Construction 48 49 This section shall apply to all residential new construction, and to any residential addition 50 of at least 1,000 square feet. in order to provide evidence of compliance with this 51 Section, a Home Energy Rating System (HERS) rating shall be submitted at the time of 52 building permit application. A final HERS rating certificate, based upon field inspections 53 and testing conducted during construction, shall be submitted prior to receiving a 54 Certificate of Occupancy. 55 56 a. Residential building projects up to 5,000 square feet are required to achieve a 57 minimum Home Energy Rating System (HERS) Index of,970, or less, utilizing 58 the Colorado Energy Star Home Energy Rating System and 59 60 i. In lieu of achieving the required HERS Index, owners may pay a 61 fee of $55.00 per square foot. 62 63 b. Residential building projects between 5,000 and 9,999 square feet are 64 required to achieve a minimum HERS Index of 8578 points, or less. 65 66 i. In lieu of achieving the required HERS Index, owners may choose 67 to comply with the HERS Index requirements of Section 18- 68 224.1.a. above, and pay a fee of $36.00 per square foot. 69 70 c. Residential building projects of 10,000 square feet, or more, are required to 71 achieve a HERS Index of 60 points or less. 72 73 i. In lieu of achieving the required HERS Index, owners may choose 74 to comply with the HERS Index requirements of Section 18- 75 224.1.be. above, and pay a fee of $17.00 per gross square foot, 76 77 If a residential building project includes exterior energy uses, then a separate and 78 additional fee may be required pursuant to Section 3. Exterior Energy Use, below. 79 80 2. Non Residential and Mixed -Use Construction 81 82 This section shall apply to all non residential or mixed -use new construction, and to any 83 non residential or mixed -use addition of more than 1,000 square feet. For buildings or 84 additions up to 5,000 square feet, COMcheck documentation or a DOE -2 based energy 85 simulation shall be submitted as evidence of compliance with this section. For buildings 86 greater than 5,000 square feet, a DOE -2 based energy simulation shall be required. 87 88 a. Based upon total energy usage for the building or addition being proposed, 89 non residential or mixed -use building projects are required to exceed the 90 performance of the Town's Energy Conservation Code in place at the time 91 the building permit is issued by at least 30 92 93 i. For building proiects pursuing Leadership in Energy and 94 Environmental Design (LEED) certification, energy efficiency 95 requirements and performance reviews may be based upon the 96 standards established by the US Green Building Council (i.e. 97 American Society of Heating Refrigerating and Air Conditioning 98 Engineers ASHRAE Standard 90.1). 99 100 iii. In lieu of achieving the required energy performance standards, 101 owners may pay a fee of $78.00 per square foot and shall meet 102 the performance standards required pursuant to the Town's 103 Energy Conservation Code in place at the time the building permit 104 is issued. 105 106 If a non residential or mixed -use building project includes exterior energy uses, then a 107 separate and additional fee may be required pursuant to Section 3. Exterior Energy Use, 108 below. 109 110 3. Exterior Energy Use. 111 112 This section shall apply to outdoor pools, hot tubs, snowmelt systems, and heated 113 garages. 114 115 a. At least 3 of the Annual Energy Use accountable to outdoor pools and 116 hot tubs, snowmelt systems, and heated garages, as defined in Section 18- 117 224.3.b and Section 18- 224.3.c and in excess of the "Fee Exempt Area" 118 described therein, shall be offset with renewable energy generated on site. 119 120 b. Heated Games. s. Any garage heated by a boiler or furnace system must be 121 controlled by a separate thermostat and zone. A REOP fee shall apply for 122 these types of applications, as described below. 123 124 b-c. In lieu of producing the required amount of reviewable energy on site, 125 owners may pay a fee calculated in accordance with the following fee 126 schedule and calculation example; 127 128 129 130 L Single- Family Residential 131 Energy Use Annual Energy Use Fee Exempt Fee per SF 132 Type BTU /Sq. Ft. Area Above Exempt Area 133 134 Snowmelt System 81,800 4200 sq. ft. 7 _1 4-4 135 (See Note) 136 Spa 430,000 64 sq. ft. 176 137 Pool 332,000 N/A 136 138 Heated Garage 19,500 6:1A See Section 18- 224.3.b 139 '8 140 141 NOTE The Fee Exempt Area for snowmelt systems shall apply to driveways and 142 driveway aprons only, and shall be equal to the greater of 4200 square feet, or that 143 portion of the on -site driveway that exceeds 8% slope plus 200 square feet. The Fee 144 Exempt Area for snowmelting shall not apply to decks, patios, or walkways unless the 145 Chief Buildinq_Official determines that snowmelting of these areas represents a life 146 safety issue and is essential to building ingress or egress. Applicants may appeal 147 decisions regarding the necessity of providing snowmelted decks, patios, or walkways to 148 the Town's Building Board of Appeals.H 149 150 ii, Multi Family Residential 151 Energy Use Annual Energy Use Fee Exempt Fee per SF 152 Type BTU /Sq. Ft. Area Above Exempt Area 153 154 Snowmelt System 81,800 50 sq. ft. 144 155 (See Note 1) 156 Spa 430,000 64 sq. ft. 176 157 (See Note 2) 158 Pool 332,000 N/A 136 159 Heated Garage 19,500 N/A 8 160 161 tN2TE 1: The Fee Exempt Area for snowmelt systems shall apply to driveways and 162 driveway aprons only, and shall be equal to the greater of 50 square feet per unit, or that 163 portion of the on -site driveway that exceeds 8% slope plus 200 square feet. The Fee 164 Exempt Area for snowmelting shall not apply to decks, patios, or walkways unless the 165 Chief Building Official determines that snowmelting of these areas represents a life 166 safety issue and is essential to building_ ingress or egress. Applicants may appeal 167 decisions regarding the necessity of providing snowmelted decks, patios or walkway 168 the Town's Building Board of Appeals. )-3 169 NOTE 2 The Fee Exempt Area for Spas shall be equal to the greater of 64 square feet, 170 or 3 square feet per unit.) 171 172 173 174 175 iii. Non Residential and Mixed Use 176 177 Energy Use Annual Energy Use Fee Exempt Fee per SF 178 Type BTU /Sq. Ft. Area Above Exempt Area 179 180 Snowmelt System 81,800 (See Note 1) 144 181 Spa 430,000 64 sq. ft. $176 182 (See Note 2) 183 Pool 332,000 N/A 136 184 Heated Garage 19,500 N/A 8 185 186 (NOTE 1: The Fee Exempt Area for snowmelt systems shall apply to driveways and 187 driveway aprons only, and shall be equal to the greater of 4200 square feet, 50 square 188 feet per unit, or that portion of the on-site driveway that exceeds 8% slope plus 200 189 square feet. The Fee Exempt Area for snowmelting shall not apply to decks, patios, or I90 walkways unless the Chief Building Official determines that snowmeltinq of these areas 191 represents a life- safety issue and is essential to building ingress or egress Applicants 192 may appeal decisions regarding the necessity of providing snowmelted decks, patios, or 193 walkways to the Town's Building Board of Appeals. 194 195 (NOTE 2: The Fee Exempt Area for Spas shall be equal to the greater of 64 square feet, I96 1 or 3 square feet per unit.) Um— qg 197 198 ds. The fees described in the schedule above shall be applied on a per square 199 foot basis for exterior energy uses exceeding the "Fee Exempt Area," if 530% 200 of such energy use is not offset with on -site renewables. Fees shall be 201 calculated and adjusted to account for mechanical equipment efficiency as 202 illustrated by the following calculation EXAMPLE 203 204 A driveway snowmelt system of 700 square feet is proposed for a relatively 205 flat single family home site with a boiler efficiency of 85 The 4200 square 206 foot "Fee Exempt Area" is excluded from the fee calculation. A fee of $14 per 207 sq. ft. applies to the remaining 3500 sq. ft. ($144 x 3500 208 That amount is adjusted by an efficiency rating of 0.85 ($4289 0.85 209 $4- ,941- resulting in a total in -lieu fee of 210 211 4. Energy Code Review Fee. 212 213 An Energy Code Review fee equal to the lesser of One Thousand Dollars ($1,000) or 214 Ten Percent (10 of the project's Building Permit Fee shall be paid prior to Building 215 Permit issuance in order to cover the Town's administrative costs associated with 216 verifying compliance with this Section 18 -224 and calculating the required REOP Fees, if 217 any. Energy Code Review Fees shall be required regardless of whether an owner elects 218 to meet the applicable building efficiency standards, or pays a fee in -lieu. 219 220 221 222 5. Fee Collection 223 Fees will be collected by the Town of Snowmass Village Building Department prior to 224 Building Permit issuance. Collected fees shall be deposited to the Town's General 225 Fund, and shall be accounted for in a Renewable Energy Offset Program account. 226 227 A building project will not be eligible to receive a Building Permit until the project owner 228 has demonstrated that the required energy performance standards and/or on -site 229 renewable energy generation -requirements have been achieved, or that the Town has 230 received payment of the in -lieu fee. 231 232 6. Management and Appropriation of REOP Funds. 233 234 Fees collected and deposited into the REOP account are to be managed by the Town 235 Manager, or their designee, as such designee may be determined by Resolution of the 236 Town Council of the Town of Snowmass Village. 237 238 Expenditures of REOP funds shall primaFily be used for the following purposes: 239 a_ di FOGtod tow planning, design, and implementation of renewable energy 240 generation projects, 241 b. purchase of renewable energy offsets (credits), 242 c. providing a community grant and /or rebate program for energy efficiency 243 enhancements or renewable energy generation projects, and 244 d. funding other resources and administrative costs associated with preen 245 building and environmental sustainability- oriented efforts. Fenewable eneFg 246 247 248 249 by the TGWR COURGil. 250 251 Expenditures shall be consistent with the Renewable Energy Offset Program Protocols, 252 as such Protocols shall be described and approved by Resolution of the Town Council of 253 the Town of Snowmass Village prior to the effective date of this Ordinance 254 255 7. Effective Date and Applicability This Ordinance shall become effective on day 256 November 1, 20089 and shall apply to all Building Permit applications received after that 257 date 258 a. Planned Unit Developments that have received Final Approval prior to the 259 effective date shall not be subiect to the provisions of this Ordinance. 260 261 8. Waivers. Upon receipt of a written waiver request from a project applicant the Town 262 Council may elect to waive any or all of the provisions of this ordinance based upon a 263 finding of excessive hardship, community benefit, or public safety need. eed. 264 265 9. Severability. If any provision of this Ordinance or application hereof to any person or 266 circumstance is held invalid, the invalidity shall not affect any other provision or 267 application of this Ordinance which can be given effect without the invalid provision or 268 application, and, to this end, the provisions of this Ordinance are severable. 269 270 READ, APPROVED AND ADOPTED, by the Town Council of the Town of 271 Snowmass Village on the First Reading on August 4, 2008 upon a motion by Council 272 Member the second of Council Member 273 and upon a vote of in favor and opposed. 274 275 READ, APPROVED AND ADOPTED, by the Town Council of the town of 276 Snowmass Village on Second Reading on September 8, 2008 277 upon a motion by Council Member the second of Council 278 Member and upon a vote of in favor 279 and opposed. 280 281 TOWN OF SNOWMASS VILLAGE 282 283 284 Douglas Mercatoris, Mayor 285 ATTEST: 286 287 288 Rhonda Coxon, Town Clerk 289 290 APPROVED AS TO FORM: 291 292 293 John Dresser, Town Attorney 1 Town of Snowmass Village 2 Town Council 3 4 Ordinance No. 11 5 Series of 2008 6 7 8 AN ORDINANCE TO BE IMPLEMENTED INTO CHAPTER 18 OF THE TOWN OF 9 SNOWMASS VILLAGE MUNICIPAL CODE TO ESTABLISH BUILDING EFFICIENCY 10 STANDARDS AND A RENEWABLE ENERGY OFFSET PROGRAM (REOP). 11 12 WHEREAS, the Town Council supports and promotes energy conservation and 13 the use of energy efficient building practices within the Town of Snowmass Village; and 14 15 WHEREAS, the Town Council supports and promotes renewable energy 16 generation within the Town of Snowmass Village; and 17 18 WHEREAS, the Town Council finds it necessary and beneficial to establish 19 building efficiency standards that exceed those required under the Town's Energy 20 Conservation Code, and 21 22 WHEREAS, the Town Council finds it necessary and beneficial to require on -site 23 renewable energy generation to offset the energy demand of outdoor amenities such as 24 pools and hot tubs, snowmelt systems, and heated garages, and 25 26 WHEREAS, the Town Council finds it necessary and beneficial to establish in- 27 lieu fee options for property owners that choose not to employ energy efficient building 28 practices, or that wish to build highly energy consumptive outdoor amenities, and 29 30 WHEREAS, the revenues derived from such in -lieu fees will establish a funding 31 mechanism to facilitate the development of renewable energy generation projects and 32 programs to enhance energy efficiency throughout the Village; and 33 34 WHEREAS, the Town Council finds that the adoption of this Ordinance is in the 35 best interest of the Town and is reasonably necessary to promote and preserve the 36 public health, safety and welfare. 37 38 NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Snowmass 39 Village, as follows: 40 41 A. Chapter 18 of the Snowmass Village Municipal Code is hereby amended by the 42 addition of the following: 43 44 Sec. 18 -224. Building Efficiency Standards and Renewable Energy Offset 45 Program (REOP) 46 47 1. Residential Construction 48 49 This section shall apply to all residential new construction, and to any residential addition 50 of at least 1,000 square feet. In order to provide evidence of compliance with this 51 Section, a Home Energy Rating System (HERS) rating shall be submitted at the time of 52 building permit application. A final HERS rating certificate, based upon field inspections 53 and testing conducted during construction, shall be submitted prior to receiving a 54 Certificate of Occupancy. 55 56 a. Residential building projects up to 5,000 square feet are required to achieve a 57 minimum Home Energy Rating System (HERS) Index of 70, or less, utilizing 58 the Colorado Energy Star Home Energy Rating System, and 59 60 i. In lieu of achieving the required HERS Index, owners may pay a 61 fee of $5.00 per square foot. 62 63 b. Residential building projects between 5,000 and 9,999 square feet are 64 required to achieve a minimum HERS Index of 65 points, or less. 65 66 i. In lieu of achieving the required HERS Index, owners may choose 67 to comply with the HERS Index requirements of Section 18- 68 224.1.a. above, and pay a fee of $3.00 per square foot. 69 70 c. Residential building projects of 10,000 square feet, or more, are required to 71 achieve a HERS Index of 60 points, or less. 72 73 i. In lieu of achieving the required HERS Index, owners may choose 74 to comply with the HERS Index requirements of Section 18- 75 224,1.b. above, and pay a fee of $4.00 per gross square foot. 76 77 If a residential building project includes exterior energy uses, then a separate and 78 additional fee may be required pursuant to Section 3. Exterior Energy Use, below. 79 80 2. Non Residential and Mixed -Use Construction 81 82 This section shall apply to all non residential or mixed -use new construction, and to any 83 non residential or mixed -use addition of more than 1,000 square feet. For buildings or 84 additions up to 5,000 square feet, COMcheck documentation or a DOE -2 based energy 85 simulation shall be submitted as evidence of compliance with this section. For buildings 86 greater than 5,000 square feet, a DOE -2 based energy simulation shall be required. 87 88 a. Based upon total energy usage for the building or addition being proposed, 89 non residential or mixed -use building projects are required to exceed the 90 performance of the Town's Energy Conservation Code in place at the time 91 the building permit is issued by at least 30 92 93 i. For building projects pursuing Leadership in Energy and 94 Environmentai Design (LEED) certification, energy efficiency 95 requirements and performance reviews may be based upon the 96 standards established by the US Green Building Council (i.e., 97 American Society of Heating, Refrigerating and Air Conditioning 98 Engineers ASHRAE Standard 90.1), 99 100 ii. In lieu of achieving the required energy performance standards, 101 owners may pay a fee of $8.00 per square foot and shall meet the 102 performance standards required pursuant to the Town's Energy 103 Conservation Code in place at the time the building permit is 104 issued. 105 106 If a non residential or mixed -use building project includes exterior energy uses, then a 107 separate and additional fee may be required pursuant to Section 3. Exterior Energy Use, 108 below. 109 .110 3. Exterior Energy Use. 111 112 This section shall apply to outdoor pools, hot tubs, snowmelt systems, and heated 113 garages. 114 115 a. At least 50% of the Annual Energy Use accountable to outdoor pools and hot 116 tubs, snowmelt systems, and heated garages, as defined in Section 18- 117 224.3.b and Section 18- 224.3.c, and in excess of the "Fee Exempt Area" 118 described therein, shall be offset with renewable energy generated on site. 119 120 b. Heated Garages. Any garage heated by a boiler or furnace system, must be 121 controlled by a separate thermostat and zone. A REOP fee shall apply for 122 these types of applications, as described below. 123 124 c. In lieu of producing the required amount of renewable energy on site, 125 owners may pay a fee calculated in accordance with the following fee 126 schedule and calculation example: 127 128 129 L Single- Family Residential 130 Energy Use Annual Energy Use Fee Exempt Fee per SF 131 Type BTU /Sq. Ft. Area Above Exempt Area 132 133. Snowmelt System 81,800 200 sq. ft. 14 134 (See Note) 135 Spa 430,000 64 sq. ft. 176 136 Pool 332,000 NIA 136 137 Heated Garage 19,500 See Section 18- 224.3.b 8 138 139 NOTE The Fee Exempt Area for snowmelt systems shall apply to driveways and 140 driveway aprons only, and shall be equal to the greater of 200 square feet, or that 141 portion of the on -site driveway that exceeds 8% slope plus 200 square feet. The Fee 142 Exempt Area for snowmelting shall not apply to decks, patios, or walkways unless the 143 Chief Building Official determines that snowmelting of these areas represents a life 144 safety issue and is essential to building ingress or egress. Applicants may appeal 145 decisions regarding the necessity of providing snowmelted decks, patios, or walkways to 146 the Town's Building Board of Appeals.) 147 now- S7?> 600 148 ii. Multi Family Residential 149 Energy Use Annual Energy Use Fee Exempt Fee per SF 150 Type BTU /Sri. Ft. Area Above Exempt Area 151 152 Snowmelt System 81,800 50 sq. ft. 14 153 (See Note 1) 154 Spa 430,000 64 sq. ft. 176 155 (See Note 2) 156 Pool 332,000 N/A 136 157 Heated Garage 19,500 N/A 8 158, 159 NOTE 1: The Fee Exempt Area for snowmelt systems shall apply to driveways and 160 driveway aprons only, and shall be equal to the greater of 50 square feet per unit, or that 161 portion of the on -site driveway that exceeds 8% slope plus 200 square feet. The Fee 162 Exempt Area for snowmelting shall not apply to decks, patios, or walkways unless the 163 Chief Building Official determines that snowmelting of these areas represents a life 164 safety issue and is essential to building ingress or egress. Applicants may appeal 165 decisions regarding the necessity of providing snowmelted decks, patios, or walkways to 166 the Town's Building Board of Appeals. 167 NOTE 2 The Fee Exempt Area for Spas shall be equal to the greater of 64 square feet, 168 or 3 square feet per unit.) 169 170 171 iii. Non Residential and Mixed Use 172 173 Energy Use Annual Energy Use Fee Exempt Fee per SF 174 Type BTU /Sq. Ft. Area Above Exempt Area 175 176 Snowmelt System 81,800 (See Note 1) 14 177 Spa 430,000 64 sq. ft. 176 178 (See Note 2) 179 Pool 332,000 N/A 136 180 Heated Garage 19,500 N/A 8 181 182 (NOTE 1: The Fee Exempt Area for snowmelt systems shall apply to driveways and 183 driveway aprons only, and shall be equal to the greater of 200 square feet, 50 square 184 feet per unit, or that portion of the on -site driveway that exceeds 8% slope plus 200 185 square feet. The Fee Exempt Area for snowmelting shall not apply to decks, patios, or 186 walkways unless the Chief Building Official determines that snowmelting of these areas 187 represents a life- safety issue and is essential to building ingress or egress. Applicants 188 may appeal decisions regarding the necessity of providing snowmelted decks, patios, or 189 walkways to the Town's Building Board of Appeals.) 190 191 (NOTE 2: The Fee Exempt Area for Spas shall be equal to the greater of 64 square feet, 192 or 3 square feet per unit.) 193 mom 194 d. The fees described in the schedule above shall be applied on a per square 145 foot basis for exterior energy uses exceeding the "Fee Exempt Area," if 50% 196 of such energy use is not offset with on -site renewables. Fees shall be 197 calculated and adjusted to account for mechanical equipment efficiency as 198 illustrated by the following calculation EXAMPLE 199 200 A driveway snowmelt system of 700 square feet is proposed for a relatively 201 flat single family home site with a boiler efficiency of 85 The 200 square 202 foot "Fee Exempt Area" is excluded from the fee calculation. A fee of $14 per 203 sq. ft. applies to the remaining 500 sq. ft. ($14 x 500 $7,000). That amount 204 is adjusted by an efficiency rating of 0.85 ($7,000 0.85 $8,235), resulting, 205 in a total in -lieu fee of $8,235. 206 207 4. Energy Code Review Fee. 208 209 An Energy Code Review fee equal to the lesser of One Thousand Dollars ($1,000) or 210 Ten Percent (10 of the project's Building Permit Fee shall be paid prior to Building 211 Permit issuance in order to cover the Town's administrative costs associated with 212 verifying compliance with this Section 18 -224 and calculating the required REOP Fees, if 213 any. Energy Code Review Fees shall be required regardless of whether an owner elects 214 to meet the applicable building efficiency standards, or pays a fee in -lieu. 215 216 5. Fee Collection 217 Fees will be collected by the Town of Snowmass Village Building Department prior to 218 Building Permit issuance. Collected fees shall be deposited to the Town's General 219 Fund, and shall be accounted for in a Renewable Energy Offset Program account. 220 221 A building project will not be eligible to receive a Building Permit until the project owner 222 has demonstrated that the required energy performance standards and /or on -site 223 renewable energy generation requirements have been achieved, or that the Town has 224 received payment of the in -lieu fee. 225 226 6. Management and Appropriation of REOP Funds. 227 228 Fees collected and deposited into the REOP account are to be managed by the Town 229 Manager, or their designee, as such designee may be determined by Resolution of the 230 Town Council of the Town of Snowmass Village. 231 232 Expenditures of REOP funds shall be used for the following purposes: 233 a. planning, design, and implementation of renewable energy generation 234 projects, 235 b. purchase of renewable energy offsets (credits), 236 c, providing a community grant and /or rebate program for energy efficiency 237 enhancements or renewable energy generation projects, and 238 d. funding other resources and administrative costs associated with green 239 building and environmental sustainability- oriented efforts. 240 241 Expenditures shall be consistent with the Renewable Energy Offset Program Protocols, 242 as such Protocols shall be described and approved by Resolution of the Town Council of 244 243 the Town of Snowmass Village prior to the effective date of this Ordinance. 245 7. Effective Date and Applicability. This Ordinance shall become effective on 246 November 1, 2008, and shall apply to all Building Permit applications received after that 247 date. 248 a. Planned Unit Developments that have received Final Approval prior to the 249 effective date shall not be subject to the provisions of this Ordinance. 250 251 8. Waivers, Upon receipt of a written waiver request from a project applicant, the Town 252 Council may elect to waive any or all of the provisions of this ordinance based upon a 253 finding of excessive hardship, community benefit, or public safety need. 254 255 9. Severability. If any provision of this Ordinance or application hereof to an 256 circumstance is held invalid, the invalidity shall not affect an other provision person or 257 application of this Ordinance which can be given effect without the invalid rov on or 258 application, and, to this end, the provisions of this Ordinance are severable. 259 260 READ, APPROVED AND ADOPTED, by the Town Council of the Town of 261 Snowmass Village on the First Reading on August 4, 2008 upon a motion by Council 262 Member the second of Council Member 263 and upon a vote of in favor and 264 opposed. 265 READ, APPROVED AND ADOPTED, by the Town Council of the town of 266 Snowmass Village on Second Reading onSeptember 8, 2008 upon a motion by Council 267 Member the 268 Member second of Council 269 and opposed and upon a vote ofin favor 270 271 272 TOWN OF SNOWMASS VILLAGE 273 274 275 ATTEST: Douglas Mercatoris, Mayor 276 277 278 Rhonda Coxon, Town Clerk 279 280 APPROVED AS TO FORM: 281 282 283 John Dresser, Town Attorney Attachment E ON Is 1 0", The Top Of the Village Association February 14, 2011 Town Council Town of Snowmass Village Snowmass Village, CO 81515 RE: REOP Dear Council: I understand that you are going to take up a review of the Renewable Energy Offset Program at that the upcoming Council Meeting. The REOP as it stands presents serious problems for the existing lodging community, and as you may recall 1 have attended two EAC meetings and I think three Council Meetings, beginning early last August, to work on changes to make the REOP more workable for the existing properties that are in need of installing snowmelt areas for the safety of their guests. I think we are all in favor of limiting or penalizing the excessive heating of driveways, walkways and decks, and I think the REOP as originally written does a good job in addressing that issue for private homes. However, one shoe does not fit all, and it has become very apparent that there are areas that should be snowmelted for the good of the guests, for the good of the properties, and for the good of Snowmass. Unfortunately the current REOP levies exorbitant fees upon a property like TOV which should consider snowmelting the carport lanes for safety reasons but would be subject to a $250,000 REOP fee for doing so. At the request of the Town Council and through the hard work of Mark Kittle and the Town Staff, plus several of us from the lodging community, some suggested changes had been developed that would make the Ordinance more rational and applicable to the situation with the lodging. The last version to go before Council reflected very good progress and I had thought that the all the work was not in vain. It included the concept of an exemption for an "accessible route" from the public transportation drop off areas and parking areas to the buildings, plus a 3 or 4 foot wide sidewalk to the condo entrances. There were also discussions of what a reasonable exempt area should be around swimming pools and hot tubs, where black ice invariably forms on cold nights. I did not feel that all situations were covered, and that an appeal process needed to still exist in the event of an unforeseen circumstance, but after all the hard work I thought that the Council, staff and lodging community were very close to having a good resolution to the deficiencies of the original REOP. I sincerely hope that all this work not only by myself but by managers at Interlude, Timberline, Stonebridge Condos and Tamaracks, as well as Town Staff will not be overlooked and that our time and effort will not be wasted, Thank you for your consideration, VA44P�� David F Spence, GM Top of the Village Condominiums ■I sox 5442 Snowmass Village, Colorado 81615 (970) 923 -3673 MEMORANDUM TO: Snowmass Village Town Council FROM: Joe Coffey, Housing Director DATE: February 22, 2011 SUBJECT: Discussion: Enforcement of Deed Restricted Employee Housing Ownership Guidelines 1. PURPOSE AND ACTION REQUESTED OF COUNCIL: Council requested a discussion with staff to determine if the deed restricted employee housing homeowners guidelines in place are sufficient. The biennial housing affidavit process was mentioned as a topic of discussion. 2. BACKGROUND After a through review of the Housing Guidelines with the first Housing Advisory Committee and the Town Council in 2002 a biennial affidavit process was started in July, 2003. The affidavit process is used to check and determine if a deed restricted homeowner is meeting the housing qualifications for ownership. I have attached the Snowmass Village Affidavit and the Aspen /Pitkin County Housing Authority (APCHA) Requalification Affidavit to this memo. These affidavits have similar questions and both APCHA and Snowmass Village mail these affidavits to the respective deed restricted homeowners every two years. The Snowmass Village affidavit has more questions to verify residency then the APCHA affidavit. Please note a true affidavit which is a legal document requires the document to be notarized and our affidavit.does not require the notarization like the APCHA affidavit. At the time our affidavit was created it was determined that a notarization was not necessary. All homeowners must qualify initially to purchase deed restricted housing and the affidavit process serves as a method to insure the homeowners continue to remain in compliance with the homeowner guidelines and qualifications. The Housing department has collected affidavits in 2006, 2008, and 2010 from all the deed restricted homeowners. In 2010 our inventory consists of 169 for sale deed restricted housing units The Housing Department ago 02 -22 -11 Housing Memo Page 2 of 4 has collected signed affidavits from all of the 169 deed restricted housing units. Due to the joint ownership of numerous units we have collected 248 signed affidavits for 2010. The 2010 signed affidavits collected indicate that all of the deed restricted homeowners (169units) are in compliance with the guidelines and qualifications for deed restricted housing ownership. The biennial affidavit provides verification on the four major requirements of deed restricted property ownership; 1. Verifies the occupancy of the deed restricted property for eight months a year or more. 2. Establishes poof of Colorado residency with questions regarding being a current registered voter in Snowmass Village or possession of a Colorado driver's license and filing a Colorado tax return for the two years prior to the affidavit. 3. Disallows ownership of another residential dwelling unit in the Roaring Fork Drainage including the city of Rife and the No Name Area. 4. Establishes employment/retirement eligibility with employees being required to work a minimum of 1400 hours per year during 8 months or more per calendar year for the last two years or, if the owner has become eligible for social security benefits after being the owner of a housing unit for not less then five years. Shortly after we began the biennial affidavit process we discovered that the affidavit process has effectually brought some complaints to the Housing Department's attention about homeowners that may not be meeting the qualifications. This affidavit process continues to act in a self policing manner and homeowners continue to identify other homeowners sometimes neighbors that may not be meeting the housing ownership qualifications with each affidavit process. As always the Housing Department will investigate all written complaints and we do investigate obvious violations of the deed restricted guidelines. 3. Housing Unit Rental Enforcement In a previous Council meeting a question was raised about deed restricted homeowners renting their housing unit. The Housing Manager must approve all the long term rentals of six months or less if the homeowner is not going to occupy the unit. The Town Manager is consulted when a 02 -22 -11 Housing Memo Page 3 of 4 rental of greater then six months is requested. No short term rentals are allowed. During the last five years only one lease of six months has been granted to a homeowner for immediate family health matters. Owners may rent one bedroom in a housing unit to a maximum of two tenants provided the owner must occupy one bedroom in the housing unit. The Housing Manager has only had a few problems with unit rentals and this allows more employees to live in Snowmass Village. The complex's Homeowners Association must also approve the rental of a housing unit. All deed restricted rental violations are investigated when reported. 4. OPTIONS Council has several options to consider: 1. Determine if the current affidavit process is sufficient to enforce the qualifications of deed restricted property ownership. 2. Direct staff to revise the affidavit form to include a notary signature requirement which will make this a legal affidavit. 3. Provide staff direction with housing guidelines and qualification enforcement. 5. STAFF RECOMMENDATION: Staff believes the current biennial affidavit process is working and is an adequate method to determine if.the deed restricted homeowners are remaining in compliance with the ownership guidelines and qualifications. However, this is not a legal affidavit and if the Council determines that this document should become a legal document this will require a notarization process. If this change is made the Housing Department could implement this change in 2012 with the next affidavit process. The Housing Department recognizes that a notarized affidavit would be beneficial if litigation is required for the enforcement of the ownership guidelines and qualifications. An affidavit notary requirement will require a significant amount of additional housing staff time to administer and all the deed restricted homeowners will have to sign the affidavit in front of a notary before 02 -22 -11 Housing Memo Page 4 of 4 submitting the affidavit. Both the Town and Housing Department have notaries available. 2010 BIENNIAL REQUALIFICATION AFFIDAVIT TOWN OF SNOWMASS VILLAGE HOUSING DEPARTMENT To: Town Of Snowmass Village Housing Complex: Crossings Lot 28 41 Pinto Circle As per Town Council ordinance No. 2 amending the Housing Guidelines of Chapter 17, Article i of the Municipal Code on August 26, 2002 all owners of Deed Restricted Employee Housing condominiums and single family homes must confirm the following: Please check the appropriate boxes. Yes No 1 have physically occupied my housing unit as my principle place of residence for a minimum of eight (8) months during the 2008 and 2009 calendar years. Or Yes No o Due to the recent purchase of my housing unit 1 understand that I must physically occupy this housing unit as my principle place of residence for a minimum of eight (8) months each calendar year. Yes No I am eligible to be a registered voter in the Town of Snowmass Village. Yes No I possess or I am eligible to possess a valid Colorado drivers license. Yes No Have you acquired a residential dwelling unit within the Roaring Fork Drainage situated in Pitkin, Eagle, or Garfield Counties, or within the Colorado River Drainage from and including the unincorporated No Name area to and including the city of Rifle after the closing of the acquisition of a Snowmass Village Deed Restricted Housing unit. Yes No I have filed a Colorado Tax Return for the 2008 and 2009 years. Yes No 1 have been actively employed during the 2008 and 2009 Calendar years by an employer whose principle place of business is in Pitkin County for a minimum of eight months per calendar year and have worked a minimum of one thousand four hundred (1400) hours during these 8 months out of a calendar year. OR Yes No 1 have attained the age of sixty two (62) or am eligible for social security benefits after having been the owner of the housing unit for not less than five years. The undersigned affiant agrees that the requalification information on this affidavit is true and accurate. Please return this affidavit to the Housing Department within 30 days, by November 16, 2010. Town Of Snowmass Village DATE WW REQUALIFICATION AFFIDAVIT «Projecb> «Owner» «Unit Address» The majority of information is provided via email. Please provide your email address: Please read the following statements then check the appropriate box. Please sign in fi•ont of a notary and return the form to the Housing Office by March 31, 2011. All owners of the unit must sign the form. A notary can be found at a bank or the Housing Office, All signatures must be acknowledged in person and you must show ID. 1. Are you employed 1,500 hours or more per year in Pitkin County (for a business that serves Pitkin County residents)? Yes No (If no, please explain) Retired (name and age of retiree) 2. Do you reside full -time in the deed restricted home for 9 months or more per year? Yes No (If no, please explain) 3. Is this property the only residence you own in the Ownership Exclusion Zone Yes No (If no, please explain) *Ownership Exclusion Zone Any developed residential property that has an address within the Roaring Fork Drainage situated in Eagle, Pitkin Garfield or Gunnison Counties, or within the Colorado River Drainage from and including the unincorporated No Name area to and including Rifle, and including, but not limited to, the towns of Aspen, Basalt, Carbondale, E1 Jebel, Glenwood Springs, Marble, Meredith, New Castle, No Name, Redstone, Rifle, Snowmass, Snowmass Village, Woody Creek. Persons owning improved residential property within the Ownership Exclusion Zone, residing in affordable housing prior to May 1. 1994 will be allowed to retain ownership of that residential property and still be eligible to reside in affordable housing. However, the person residing in affordable housing may not acquire additional residential property. Persons owning in New Castle, No Name or Rifle prior to September 1. 2009 may retain ownership of such property; however, no other property can be purchased within those areas specified in the Ownership Exclusion Zone. By signing below, you are declaring the above statements are true and accurate. You further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as pei jury in the second degree under Colorado Revised Statute 18 -8 -503. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year above first written. OWNER: Signature Signature STATE OF COLORADO ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this day of 2011, by Witness my hand and official seal; My commission expires: 1 Notary Public TO: Snowmass Village Town Council FROM: Russell Forrest, Town Manager SUBJECT: Draft 2011 Work Plan DATE: February 22, 2011 Attached is a draft 2011 work plan for the Town Council's review and consideration. The purpose of this work plan is to articulate the Town Council's vision for the future and what it would like to accomplish in the next 1 -2 years to move the Town towards that vision. This body of work is based on the Council retreat on January 10, 2011. The Town Council is requested to make any changes they desire to the work plan so that it can be finalized after the Council meeting on February 22"d 2011 Town of Snowmass Village Council Work Plan Draft so e m r� z ,.Y .I 1 2011 Town Council Work Plan Table of Contents I. Introduction /Summary II. Expectations III. Community Character and Vision IV. Base Village V. Urban Renewal Authority VI. Capital Improvements VII. Public Safety VIII. Local Economy /Fiscal Issues IX. Ice Age Discovery X. Housing XI. Public Works XII. Transportation XIII. Environment XIV. Staff Development XV. TOSV Fiscal Sustainability XVI. Summary of Actions 2 2011 Work Plan -Draft Snowmass Village Town Council January 10, 2011 I. INTRODUCTION SUMMARY The purpose of this work plan is to articulate the Town Council's vision for the future and what it would like to accomplish in the next 1 -2 years to move the Town towards that vision. This body of work is based on the Council retreat on January 10, 2011. At that retreat, staff provided a white paper to help frame issues for the Council's consideration and the Council discussed and prioritized topics to address in the future. This work plan is intended to be dynamic because issues and opportunities will arise that are not foreseeable at this time. Council prioritized areas to be addressed with a 1, 2, or 3 (1 meaning address first and 3 may still be an important action however it is less urgent). II. EXPECTATIONS The initial discussion at the retreat focused on talking about expectations for the Council, staff, and the Town's relationship with the Community. The following summarizes those agreements and understandings: What does the community need most from this team of elected officials? An informed, representative leadership with a strategic vision and a work plan that is consistent with, and supports, that vision. This will lead to an economically viable and successful community. What does the Staff need from the Council? Same as above, an informed representative leadership Provide clear policy direction and goals while allowing staff to implement that direction and manage day to day operations. Ensure that direction given to staff reflects the "will of the Council." Ensure communication to staff is appropriately facilitated through the Town Manager. What does the Council need from the Staff? Staff shall implement the direction of Council and support its decisions. The Council would like to receive Staff's professional recommendations along with pros and cons on policy questions and alternatives. How do we (the Council) best serve one another? Recommit to make use of all Ground Rules listed in Council Chambers. Limit meetings to four hours in lengt 3 Have more work sessions to discuss challenging and /or complicated policy questions. Do an occasional "check -in" (process check) in order to maintain performance (Consider late summer). Disclose "one on one" conversations had with key stakeholders in the community. Approach Mayor to facilitate "issues" with Council members. III. COMMUNITY CHARACTER AND VISION The Town Council reviewed the Town's Aspiration Statement in the Comprehensive Plan. The Aspiration Statement in Chapter 2 says: "We aspire to be the leading multi- season, family- oriented inclusive mountain resort community. We will do this by creating, marketing, and delivering distinctive choices for fun, excitement, challenge, learning, and togetherness. All this is done amidst our unique, natural splendor ...as part of a memorable Aspen /Snowmass experience. Further, we wish to be seen by others as welcoming, dynamic, convenient, and successful. We will always be responsible stewards of our environment, economy, and society. When successful, Snowmass Village will have achieved the quality of life and economic vitality that will assure our future as a sustainable resort community." The community wanted to be economically sustainable, a leading resort community, but still have a comfortable mountain community. The Aspiration Statement and Chapter 2 discuss taking a balanced approach by considering proposals against being good stewards of our mountain environment and living within the Town's carrying capacities. For that reason there is a major emphasis in the Plan of minimizing traffic related impacts along with living within other carrying capacity thresholds. After reviewing this statement, the Council affirmed it and discussed its thoughts on what it may mean in making strategic decisions for the Town. There was significant discussion on whether the phrase of being a "leading multi- season, family oriented inclusive mountain community" was to aggressive of a statement. However in reading the chapter as a whole, with the emphasis on having a balanced approach to growth, Council agreed that this aspiration statement was appropriate. Other high level considerations in defining success over the next 10 years included: The physical renaissance of Snowmass Village has been restarted, refined as necessary and as appropriate, and largely completed in 10 years. This may also involve reviewing, revalidating and /or updating the assumptions used in 2001 -2004 as. appropriate. The Town is financially sustainable and providing services on an ongoing basis, as efficiently as possible, for its residents and guests at the same level of service as provided in 2008 (pre recession). 4 IV. BASE VILLAGE A. Issue A significant issue for the community is how the Town may respond to the eventual owner of Base Village requesting to extend the vesting for the project and /or amend the PUD. B. Background There is a significant body of information related to the PUD approvals and the development agreements associated with Base Village which is available from the Town. C. Council Direction The Council expressed strong interest in completing the Base Village Development and responding in an effective and legally sound way to potential future PUD amendments or requests to amend development agreements. Priority: 1 Timing: Once foreclosure is complete and the new owner desires to proceed. V. URBAN RENEWAL AUTHORITY A. Issue: Creating an Urban Renewal Authority has been a question under consideration for the last year. The Town Council needs to determine the purpose of creating an Urban Renewal Authority before moving forward with this project B. Background On October 4, 2010 Council directed staff to move forward with the creation of a URA. After the election, Council asked that this project be put on hold until the retreat. A URA is a complicated process to create. It involves creating a new legal authority and then approving a plan that gives the Authority specific powers allowed under Colorado State Law. Other taxing entities are typically very sensitive to a new URA and how it might affect their future revenue. The primary question is why create a URA in Snowmass Village? Two potential purposes include: 1) Creating the ability to use Tax Increment Financing (TIF) may be useful in paying for public improvements needed in Base Village and could help improve the financial sustainability of the General Improvement District (GID) and potentially the Metro Districts. TIF can pay for public improvements within that district. 2) Condemnation may be needed to deal with property conflicts or achieve the Town's goals. This is a significant action and should only be taken after very wool 63 5 deliberate planning and with the input of legal counsel. A URA is one of the only legal avenues to condemn land for an economic purpose. C. Council Direction Council expressed interest in considering next steps with a URA after there is additional clarity on the future of Base Village. Staff can review the background, next steps, and costs associated with creating a URA at any time since a detailed scope of work and background materials are complete. However, the Council will need to articulate the purpose for creating a URA if it chooses to move forward. Priority: 2 Timing: When a purpose can be clearly articulated for a URA VI. CAPITAL IMPROVEMENTS A. Issues: One of the most significant issues for Public Works, Transportation, Finance, and the Town Manager's office is to obtain direction from Council on Capital Improvement Projects (CIP). As part of the annual budget review, the Council reviews a CIP list. This planning is critical in maintaining the Town's infrastructure and directly impacts operational costs both positively and negatively. Staff has recently reviewed a historical list of public improvements and found that many of the capital projects identified in previous capital plans have been implemented. Staff has also discovered that certain areas of capital planning have not been fully considered. A major area that needs to be included in our financial planning is capital replacement for new buildings such as Town Hall, Operations Facility, Parcel C, Town Park Station and the Recreation Center. In addition, our older buildings need a capital replacement schedule. Also, the Town has not reviewed and ranked capital projects in some time and there are several projects such as the roundabout at Wood Road and Brush Creek Road that affect safety. Staff would suggest a critical goal be: To "provide a presentation from staff in the next 4 months and rank capital projects." That ranking would be used to prioritize planning and completion of capital projects and be used for future budgets. B. Background Staff has identified approximately 25 CIP projects for the Council to review. Some of these projects have been "on the docket" for some time but have not been identified as a priority, or face complex challenges for completion. Almost all of the projects were either listed in the Comprehensive Plan, the Forward Plan process of the early 2000's, the annual budget documents or were contained on previous CIP lists. Currently staff has created a CIP Policies and Procedures document (based on input from FAB and Council), a one -page project description for each project, a Criteria List and Scoring Matrix, and a Project Ranking summary sheet. Staff is ready to present the CIP to the Town Council and it is recommended doing so in at least two meetings. The first meeting 6 would be similar to the first meeting where a developer presents a land use project to the Town. Between the first and second meeting the Council would rank staff's list of projects (according to their own criteria), and add or delete projects from the list. At the second meeting Council would prioritize the project list together and direct staff to present it to the FAB for their recommendations regarding budgetary implications. Staff has developed a process for evaluating capital projects as well as a proposed capital replacement schedule for Town infrastructure (including its old and new buildings). Since resources are limited, the scheduling of capital maintenance and new projects is needed to budget resources in responsible manner. This project has significant impacts on multiple functions in Town and is the highest priority for Public Works, Transportation, Finance Department and the Town Manager. C. Council Direction The Council directed staff to bring the CIP process forward to prioritize critical public projects. There was also discussion regarding the need for certain public improvements such as the Wood Road and Brush Creek Round about that are critical from a safety standpoint. Priority: 3 (Important but there are no significant resources for projects in 2011, this should occur prior to the 2012 budget process) Proposed time frame: July 5 th and 18 2011 VII. PUBLIC SAFETY A. Goal: Every department places a high priority on public safety however the Police Department takes the lead on safety and security in the community. The Police Department would like to remind Council that they reduced their staffing by one officer in 2009. Also, a public safety issue related to the above mentioned CIP project process includes determining where crosswalks should be located to improve pedestrian safety on major roads. Transportation, Public Works and the Police Department will be working together to develop a process for evaluating where improvements need to occur to improve pedestrian safety. B. Background There are obvious pedestrian crossing problems in the community such as Wood Road and Brush Creek. The Town has received requests for other pedestrian crossings at Owl Creek and Brush Creek. In research conducted by Town staff, crosswalks, if located improperly, may create a false sense of safety and actually make pedestrian crossing less safe. Staff would like to develop an approach for improving pedestrian crossing and review that with Council. 41 as 7 C. Council Direction It was acknowledged that there have been multiple requests for cross walks in Snowmass Village, many of them in conjunction with bus stops. Priority: 3 Timing: August 1, 2011 VIII. LOCAL ECONOMY /FISCAL ISSUES A. Issues: The Snowmass Tourism Office (STO) will complete a Stakeholder Report in early February which shows results by specific messages /outputs and their collective impact on the three key metrics: Lodging Occupancy and Sales Tax Revenue by season and annual Group Sales Revenue. The Town Council has asked that a meeting be scheduled to discuss the structure of the Marketing and Special Events Board. By March 1, the STO will complete Phase I in the development of a Summer Brand to differentiate this resort from competitors and help improve economic sustainability for the summer. The Finance Department will complete a critical sales tax study in January to share with both the Financial Advisory Board and the Town Council. The Town will need to closely monitor revenues and expenditures during these uncertain times. B. Background 1. The STO will complete a Stakeholder Report in early February which shows results by specific messages /outputs and their collective impact on the three key metrics: Lodging Occupancy and Sales Tax Revenue by season and annual Group Sales Revenue. Result: STO continues to track performance of various marketing and sales outputs with the ultimate metrics being seasonal performance of lodging occupancy and sales tax revenue as well as group sales revenue. Event attendance is forecasted, and results, which are greatly impacted by weather and competitive events activities, are estimated. Determining specific ROI for special events continues to be problematic given sales tax is reported on a monthly basis and the Town doesn't 'own' any spending transactions to have data to analyze conclusively. Anecdotal connections to lodging occupancy and events can be made, and responses W*:01 8 from guest surveys help support the assumptions. A summary of performance for 2010 will be completed in February of 2011 in the form of a Stakeholder Report. 2. The Town Council has asked that a discussion take place on the structure of the Marketing and Special Events Board. Result: Staff discussed this further with the Town Council at the retreat and received direction to schedule time to respond to this question. 3. By March 1, the STO will complete Phase I in the development of a Summer Brand to differentiate the resort from competitors and help improve economic sustainability for the summer. Result: Phase I includes a positioning platform, competitive differentiation, consumer definition, quantitative and qualitative research validation, and messaging architecture. Once this is completed, it should be a topic of discussion in a joint meeting between Council and the Marketing Board. 4. The Finance Department will complete a critical sales tax study in January to share with both the Financial Advisory Board and the Town Council. Result: This is complete and was reviewed by the Financial Advisory Board on February 9 It will be taken to Council. 5. The Town will need to closely monitor revenues and expenditures during these uncertain times. Result: Staff will continue to provide Council with regular financial updates. The next significant update will be at the end of March or early April. C. Council Direction This category had a variety of financial /fiscal related issues. This was an extremely important area for the Council to work on and given a "1" priority. Priority: 1 Timing: STO stakeholder report Summer Plan— March 21 Marketing Board Structure- April 4th Sales Tax Analysis After FAB has a recommendation- March 7 2010 Year End Financial Update- April 4th 9 IX. ICE AGE DISCOVERY A. Issue: The objectives of the Ice Age Discovery Committee include: 1.) Develop a proposed education /communication plan, i.e., a business plan for the discovery. The IADC should think holistically about the discovery in conjunction with other scientific /education opportunities. This would include a preliminary budget for any capital and operational needs for the project. This plan should also provide recommendations on sites and facilities for this discovery. 2.) The IADC will also provide a recommendation on whether a new or different organizational structure is needed to implement the business plan. The IADC should provide a recommendation on the branding going forward. The name IADC was chosen by TOSV staff and the committee has license to change it. 3.) Develop a fundraising and /or capital campaign strategy to implement the educational /communication plan for the discovery. 4.) The IADC will be the conduit for community input, ideas and suggestions on the discovery. B. Background Snowmass Tourism Office (STO) has initiated short term actions for this winter and the Town Council has created the IADC. This discovery may provide a valuable means of differentiating the Town of Snowmass Village from other resorts, particularly in the summer. The IADC has been asked to complete a business plan for the Discovery within the next 6 months. C. Council Direction Completion of a business plan by the IADC is a high priority for the Council. The IADC is formed and will provide regular progress reports to the Council. Priority: 1 Timing: Anticipate completion of a business Plan by July 2011. X. HOUSING A. Issues: Housing goals are.specifically mentioned in the updated Comprehensive Plan. Several immediate issues Council will be dealing with include: 10 Is a 70% housing mitigation desired in the form of a land use code amendment? Should the Town move forward with a Housing Inventory? What Capital projects should be pursued in the future? B. Background In addition, to the above mentioned issues, the Housing Director would also like to inform the Council that a major goal will be to continue capital improvements which are called for in the Housing Departments long range budget and to also move forward with capital improvements that improve energy efficiency and reduce future maintenance expenses for a higher return on investment. The Housing bonds (Creekside, Brush Creek, Palisades and Villas North) will retire in 2014. The annual bond debt service could be continued for a few years to fund the much needed exterior apartment renovations. There are several options for Council to consider with regard to new housing project opportunities. 1) The Timbers Housing project includes 18 units for employees. The Town has been involved with litigation on this project and has considered purchasing all or some of this project. 2) The Town has been approached by the owner of the Carriage Way apartments to purchase this property that is currently occupied by employees. It is not deed restricted. The owner would like to sell it for the value of the bank note, but this price is negotiable at this time. 3) Finish the Rodeo Place project when there is market demand. There are still three single family and four duplex units to be built at Rodeo. This last phase was put on, hold when it was determined that there is not significant market demand for additional units with the down turn in the economy 4) The proposed draw site development is directly uphill from Town Hall. It has been planned for a rental housing project. However, it has significant site costs due to its topography and limited access. Some feasibility work has been done. However, the Housing Director would recommend pursuing other options mentioned above before this project is undertaken. 5) Investigate the structural integrity for the Brush Creek apartments before undertaking significant capital improvements on this property. This is one of the oldest rental housing projects that the Town owns. The Council was curious about whether it would be better to demolish and rebuild this project (with more units) versus investing more in capital improvements on this project. 11 6) Evaluate if there are viable infill opportunities around Mt. View and Brush Creek apartments to build additional housing units. C. Council Direction Council gave the completion of the Housing Policy work a high priority "1 Policy changes are being reviewed by the Planning Commission and its recommendations will be forwarded to Council as soon as they are available. The projects described above were considered important by the Town Council. However, they were not as urgent given current market demand for affordable housing. Priority: 1 Housing Policy /3- Housing Project Review Timing: Housing Policy in February /March Housing Projects will be reviewed on March 7th XI. PUBLIC WORKS A. Issues: The major issue of the Public Works Department is the CIP plan. In addition to the CIP project, Public Works would like to raise the issue of the Town's program for collecting residential trash. The Town has had a goal of charging solid waste fees based on volume. A volume based fee system creates an incentive for customers to reduce their trash, reuse it, or recycle it. However for the 500+ single family homes that uses the four residential dumpster locations, this incentive doesn't exist because each home is charged a flat fee. The part time resident that is here only two weeks a year is charged the same annual rate as a full time resident. In addition, because these collection sites are uncontrolled, hazardous material, construction trash, commercial trash, and non- resident trash is deposited there. B. Background Prior to 1993, the Town collected Solid Waste and Recyclables on a non -fee basis, and it was expensed 100% in the General Fund. Since it became apparent TOSV couldn't sustainably collect Solid Waste out of the Town's revenue stream, the Town Council passed Ordinance No. 4, Series of 1993 which established a volume based fee system and set goals for increasing our collection of recyclables. Back then, and now, all commercial trash (from the three commercial nodes and multi family properties) is collected on a volume based basis. The rate structure creates an incentive for the customer to reduce his trash bill by consolidating dumpsters in one location, reducing the frequency of pick up, and recycling more. The Horse Ranch subdivision, the Crossings, Rodeo Place, Fairway Drive, and Beaver Court single family home customers are on a volume based fee system because they are picked up "curbside Just like the commercial customer they can reduce their trash bill by using a smaller container and recycling. When staff recommended that the old single family home subdivisions be converted to curbside to make the whole Town volume based, residents of those :&00 12 subdivisions complained and Council accepted the status quo. As a result of this decision, the Town invested over $200,000 to upgrade the Brush Creek Road collection sites at Sinclair and Meadow Roads. The intention was to upgrade the Faraway Road and other residential dumpster sheds, but funding was not available. If the Town wants to improve recycling and reduce waste volumes and potentially reduce its costs by eliminating inappropriate dumping (hazardous materials, commercial waste etc) it should consider a different approach for the residential collection dumpsters. There are several different volume based options the Town could consider to improve residential trash collection. Since solid waste and recyclable collection is a sustainability issue, staff recommends forwarding this issue to the Environmental Advisory Committee. C. Council Direction: There was not significant discussion on this topic. However, the Council agreed that this topic should be reviewed with Council. Priority: 3 Timing: July 18th XII. TRANSPORTATION A. Issue: Many of the Transportation Department issues are addressed above (CIP, future of Base Village in relationship to the other nodes and requests for bus stops and crossings). A significant lingering issue that should be addressed includes: what does the Town want to do regarding a bus storage and transit facility at the Mall which has been proposed for some time? The EOTC continues to budget $6.5 million for improvements to a regional facility. The total cost of the last sketch plan addressing the redevelopment of the bus, parking and road network could be over $30 million. The main components of that design included: 1) Offices for the Transportation Department and visitor information center 2) Bus Storage for most of the fleet and driver check in 3) Bus Depot that consolidates both local and regional services 4) Roadway improvements to reduce pedestrian and vehicle conflicts 5) Parking structure to consolidate and increase parking tangent to the Mall 6) Pedestrian circulation improvements to connect the mall to both the Transit depot and parking 7) Freeing up space or making capital improvements to improve the delivery of goods 01-T 010 13 Another important issue in the Transportation Department is the issue of staffing. The growing flux in daily transit demand in the winter and the dynamics of special events are a concern in relation to TOSV's current staffing levels. This flux in demand is happening between weeks over the course of the winter and within the days of a week as well: e.g. social guests drive peaks at Christmas /New Years, X -Games and Presidents Weekend and demand for service on the weekends can range from 25% to double over the week day average. The flux in demand can be even greater in the summer when special events are held. On Thursday night concerts or for an event like Chili Festival the demand can be double to triple the demand over the rest of the week. We have been ratcheting down the staffing levels and services since 2000 to balance our budget. In 1998 we had a winter staff of 35 drivers that worked an average of 38 hours a week. This winter the department has a staff of 28 drivers averaging 36 hours per week. The reduction in staff and service levels is making it harder to react to the peak periods of demand. In the current employer's market we have enough employees to compensate for the peak demand. Should the labor market return to historic lack of employees, then we may not be able to meet the demand for services in our peak periods. This could mean that we would not be able to staff for peak periods, Aspen Valley Ski Club days or a Labor Day festival. B. Background There have been several planning efforts to design a transportation facility and enhance the parking in West Village. It has been envisioned that the Mall would provide the home for the primary bus stop in Snowmass Village. Federal funding has been pursued for this project and we are still potentially eligible for funding for a transportation facility. It is recommended that the Mall transit project be discussed in detail after the fundamental questions in section III are answered by the Council. With regard to the staffing issue, it should be recognized that the Department may not be able to accommodate events and peak times as it has done in the past. C. Council Direction This project will be part of the Capital Projects presented to Council in July (5 and 18 th It was agreed that this topic should be deliberated once there is greater clarity on the future of Base Village. Priority: 3 Timing: July 5 th and 18 14 XIII. ENVIRONMENT A. Issue: The Town has begun to take a leadership role on environmental issues. Aspen still provides a benchmark to many communities from an environmental standpoint. The Town of Snowmass Village, like all mountain resorts, depends on snow and its natural beauty for its economic livelihood. Environmental quality was a very important issue in the Comprehensive Plan. The question as the Council discuses the Renewable Energy Offset Program (REOP) and other environmental issues is: Where the does Town want to be in the continuum of sustainability and energy efficiency? Do we want to be leaders? Economic sustainability and environmental leadership are not mutually exclusive. We can have both but we need to be clear on our over arching goals in this area. B. Background Three topics have tested the Town recently. Proposed changes have been considered to REOP but there has been a split on Council with regard to how to proceed with these changes. The carbon footprint report provided data on carbon emissions. Do we want to do more with this information? Does the Town want to do more with solar energy or other renewable energy projects? Making decisions on these policy questions is difficult without an underpinning goal or direction. It is recommended that the Council determine a goal for sustainability or reaffirm the Town's Environmental Sustainability Plan. The Town's forum for environmental issues has been the Environmental Advisory Committee (EAC). The committee has accomplished much in its short history, but they are an ad -hoc group, not appointed by Council, and members come and go. The question has been raised whether it now needs to turn into a formal committee appointed by the Council? C. Council Direction Council continues to debate its stance on environmental issues. Council wants to strike a balance on environmental issues by not unduly causing economic hardship but also raising the bar for the Town on sustainability. Completing the debate on REOP and the future of the Environmental Advisory Committee was given a priority of "2." Council has recently given staff direction to explore turning the current EAC into a formal Town Board, appointed by Council, as per the Municipal Code. Priority: 2 Timing: EAC structure February 7th REOP on February 22n cop 15 XIV. STAFF DEVELOPMENT A. Issues: TOSV wants the very best staff members who are well trained and highly motivated to serve the community. Our staff has stated that they want to be the best service organization among mountain resorts but many ingredients are needed to achieve this goal: Alignment, Competitive Pay and Benefits and Training and Personnel Development. In addition, many of our senior staff members are approaching 25 and even 30 years of service. Succession planning is now a topic of conversation. As the Town Manager, I would like to invest in both succession planning and leadership development for both existing managers and potential future leaders. B. Background Senior staff has had several discussions about developing leadership training. However, with the economic downturn, creating additional training opportunities has been limited. This type of training is extremely valuable for succession planning and creating a common understanding of leadership and management. There are several leadership programs in the Valley such as Roaring Fork Leadership but many of these programs are expensive and have cancelled training opportunities due to lack of registration. I have found a number of outstanding local leadership resources that could create a leadership training program that I believe would be more cost effective in providing leadership development.for the organization. I have seen firsthand how this type of training can: a) increase efficiency b) tear down silos /improve team work and c) enhance customer service. I would like to bring several options to Council for consideration and funding approval. I will bring thoughts on how to pay for this type of training. We would also ask Council to consider participating in this development opportunity. Another ongoing issue is providing an effective resource for performance reviews. In 2010, staff improved the performance tool to increase alignment and accountability as well as improving our metrics for measuring performance. Utilizing this improved performance tool with new metrics for measuring performance will continue in 2011. C. Council Direction: Council discussed the need for succession planning and leadership development. Priority: 3 but there was interest in having a discussion on this topic in the spring. Timing: April 18 16 XV.TOSV FISCAL SUSTAINAIBLITY A. Issues: The Town of Snowmass Village, along with most mountain resort towns, is very dependent on Sales Tax. During economic downturns the Town's revenue will be impacted and basic community services may have to be reduced. B. Background The General Fund, which pays for a bulk of the Town's operations, is $11,847,000 as budgeted for in 2011. Property tax as a source of revenue is only 3% of the General Fund. Ski resorts typically need to provide more services than other communities with a similar permanent population. Services in resort communities must factor in the thousands of guests that come to those resort communities and sales tax is often the means of paying for those incrementally higher services. However, sales tax is more volatile and subject to the ups and downs of the economy. Property Tax is relatively more stable, but still subject to change with fluctuations in property values. Below is a break out of revenue sources for the General Fund. Town of Snowmass Village General Fund Operating Revenues 2011 Total $11,847,037 Other Financing Transfers from Sources Other Funds 0% Sales Taxes 27% $1,200 27% $3,124,394 $3,240,254 Property Taxes Miscellaneous 3 "/0 2 $327,000 $298,532 Other Taxes r Contributions Y 6% 11% $690,905 $1,243,195 Intergovernmental Fines and Forfeits Revenue 1% Charges for Licenses /Permits 5% $49,600 Services 2% $693,744 16% $226,923 $1,951,290 to 17 C. Council Direction: Council expressed the desire to review revenue sources for the Town and to evaluate options for reducing the risk of having to cut back on basic services in an economic downturn. Priority: 3 Timing: August 15th XVI. SUMMARY OF ACTIONS The following Table is a summary of the action plan from the various topics discussed at the retreat.. Action Prioritv Timinq Who Base Village 1 When Foreclosure is completed Economic /Fiscal Actions 1 STO Metrics -March 21 Susan Hamley Board Structure -April 4th Susan Hamley Summer Events/ -March 21 Susan Hamley Marketing Sales Tax Study -March after FAB Marianne Rakowski completes review Financial Updates -April 4 th (2010 Year Marianne Rakowski End Ice Age Discovery 1 Long Term/Tusk July 2011 Tusk Force Force /Complete Business Plan 2011 short term February 7 th Susan Hamley actions Housing Housing Policy 1 February for P.C. Chris Conrad Housing Projects 3 March 7 th Joe Coffe Environment 2 EAC Structure February 7 th Lesley /EAC REOP Policy February 22 Mark Kittle Discussion Urban Renewal Authority 2 At any point Council Russell Forrest would like to have this discussion -need a ur ose statement —&ram 18 Capital Improvement 3 July 5 18 1h Hunt Walker, Process Solid Waste Collection 3 Staff is Hunt Walker recommending EAC review and then review with Council in summer Jul 18 Pedestrian Crossing 3 August 1st Art Smythe, David Recommendations Peckler, Hunt Walker West Village Transportation 3 Will review with the David Peckler Facilities CIP July 5th 18th Staff Development 3 Aril 18 Russ Forrest Town Fiscal Sustainability 3 August 15 Marianne and Russ Forrest 19 TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: MANAGER'S REPORT DATE: FEBRUARY 22, 2010 Next CAST Meeting -March 17 The next CAST meeting will be in Denver on Thursday March 17 The meeting starts at 12:00 on the 17 at the CML offices and concludes with dinner that night meeting with state legislators. Speakers during the afternoon meeting include: Michael Cheroutes, HPTE Director, CDOT Al White, Director, Colorado Tourism Office Christine Scanlan, Director of Legislative Affairs Melanie Mills, President CEO, CSCUSA Sam Mamet, Executive Director, CIVIL Please contact Barb Peckler for reservations and to RSVP. EOTC Meeting The next meeting of the Elected Officials Transportation Committee (EOTC) will be March 24, .2011 at 4:00 PM in the Aspen City Council Chambers. This will be the only EOTC meeting prior to the beginning of the construction season and summer activities. If Council has an item that they would like to discuss at the EOTC meeting, staff would need time to prepare information for the packet. Key items in the current EOCT budget are: 1. An update on revenue collections to date would shed light on the current discretionary fund balance. 2. Commitment to subsidize No Fare bus service between Aspen, Snowmass Village and Woody Creek is good until the end of the 2012/2013 ski season. It was requested that a good faith effort be made to find alternative funding for this project. If alternative funding involves a ballot question, then there needs to be time to craft a ballot question for the November 2012 election. Pending Actions Last Updated February 15, 2010 The following is a summary of actions that either the Council has requested or actions staff has proposed and is working on for the Town Council. Staff Action Status Date to follow-up Contact I I w/ Council Housing Housing Housing Policy The Comprehensive Plan has a Housing Code Department mitigation goal of 70% for developers. amendments being Staff is preparing code language to reviewed and implement the updated Comprehensive discussed with the Plans goals Planning Commission. Housing For -Sale Deed Review current policy on doing February 22nd Department Restriction biannual reviews of deed restricted Enforcement homeowners qualifications. Finance Marianne GID Advisory Once the foreclosure is complete, bring After Base Village Board back the discussion of the GID Foreclosure is Advisory Board to the GID Board. complete but before the budget process begins for 2012 budget Marianne Sales Tax Finance Department was requested to FAB reviewed the Evaluation evaluate sales tax collection between analysis on between the commercial nodes and by sector. January 12 and commercial This is planned to be forwarded to FAB February 9th nodes in January. Other Mark Kittle REOP Based on input from various February 22nd stakeholders, proposed changes have been forwarded to the Council for their consideration. Most recently Council has requested that stakeholders again review the proposed changes and p rovide their input to Council. Russ URA On November 15 Ih, the Town Council After next steps Forrest authorized on October 4 th moving are clear on Base forward with the next steps to create an Village Urban Renewal Authority. Council requested that no further action on this be taken until after the Council retreat scheduled for January 1 o th Russ IADC Committee is formed. The initial March 7th Forrest meeting was on February 9 th and a site visit to the Denver Museum is planned for February 24th mop 3rd Draft SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA MARCH 7, 2011 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 4:00 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: APPRECIATION RESOLUTION NO, 10 11 12,13 14,16 AND 18 SERIES OF 2011 (Time: 35 Minutes) RESOLUTION NO. 10, SERIES OF 2011 —A RESOLUTION IN APPRECIATION TO MARY LOU FARRELL FOR HER SERVICE AS A MEMBER OF THE CITIZEN'S GRANT REVIEW BOARD RESOLUTION NO. 11, SERIES OF 2011 -A RESOLUTION IN APPRECIATION TO JOAN BEMIS FOR HER SERVICE AS A MEMBER OF THE SNOWMASS ARTS ADVISORY BOARD RESOLUTION NO. 12, SERIES OF 2011 A RESOLUTION IN APPRECIATION TO LISA VOGEL FOR HER SERVICE AS A MEMBER OF THE SNOWMASS ARTS ADVISORY BOARD RESOLUTION NO. 13, SERIES OF 2011 A RESOLUTION IN APPRECIATION TO KAT PARKIN FOR HER SERVICE AS A MEMBER OF THE SNOWMASS ARTS ADVISORY BOARD RESOLUTION NO. 14, SERIES OF 2011 A RESOLUTION IN APPRECIATION TO JANINE BARTH FOR HER SERVICE AS A MEMBER OF THE LIQUOR LICENSING AUTHORITY RESOLUTION NO. 16, SERIES OF 2011 A RESOLUTION IN APPRECIATION TO MERY BUTLER FOR HER SERVICE AS A MEMBER OF THE PART TIME RESIDENTS ADVISORY BOARD 03 -07 -11 TC Page 2 of 2 RESOLUTION NO. 17, SERIES OF 2011 A RESOLUTION IN APPRECIATION TO JENNY SMITH FOR HER SERVICE AS A MEMBER OF THE MARKETING GROUP SALES AND SPECIAL EVENTS BOARD Rhonda B. Coxon /Mayor Boineau Item No. 5: HOUSING PROJECT DISCUSSION HOUSING ADVISORY COMMITTEE RECOMMENDATIONS (Time: 90 Minutes) ACTION REQUESTED OF COUNCIL: Discussion and action on Committee recommendations. -Joe Coffey Item No. 6: REVIEW OF PROPOSED HOUSING MITIGATION CHANGES (Time: 75 Minutes) ACTION REQUESTED OF COUNCIL: Listen to presentation and provide feedback to staff. -Chris Conrad Item No. 7: MANAGER'S REPORT (Time: 10 minutes) Russell Forrest P g (A a e T B Item No. 8: AGENDA FOR NEXT TOWN COUNCIL MEETING P A age (T B Item No. 9: APPROVAL OF MEETING MINUTES FOR: ...........................Page (TAB Item No. 10: COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS ...........................Page (TAB Item No. 11.: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 2 hours (excluding items 1 -3 and 8 —11) 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. a 00 1 2 SNOWMASS VILLAGE 3 REGULAR MEETING MINUTES 4 JANUARY 3, 2011 5 6 CALL TO ORDER AT 4:00 P.M. 7 8 Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town 9 Council on Monday, January 3, 2011 at 4:03 p.m. 10 11 Item No. 1 ROLL CALL 12 COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, John Wilkinson, Markey Butler, Jason Haber, and Fred Kucker. 13 14 COUNCIL MEMBERS ABSENT: All council members were present. 15 STAFF PRESENT: Russ Forrest, Town Manager; John Dresser, Town 16 Attorney; Hunt Walker, Public Works Director; Chris 17 Conrad, Planning Director; Jim Wahlstrorri, Senior 18 Planner; Donna Garcia, Deputy Town Clerk; Rhonda i9 B. Coxon, Town Clerk 20 PUBLIC PRESENT: Madeleine Osberger, Mark Hogan, Mel Blumenthal, 21 Tom Todd, David, Corbin, Susan Cross, Rhonda Basil, 22 Robert Campbell, Jeff Edelson, John Mele, Kevin 23 Wright and other members of the public interested in 24 items on today's agenda. 25 26 Item No. 2 PUBLIC NON- AGENDA ITEMS 27 28 George Huggins a Snowmass Village resident and a member of the Environmental 29 Advisory Board (EAC) provided Council with highlights of the accomplishments of the 30 EAC. He also took this opportunity to thank some of the Town's "green stars" that have 31 gone above and beyond the call of duty in their respective departments. Joe Coffey and 32 his Housing staff, Greg Fitzpatrick from Transportation and Nick Reitter from Town 33 Facilities Maintenance. 34 35 Item No. 3 COUNCIL UPDATES 36 37 Ice Rink 38 Council Member Haber stated that the ice is ready and skating is now available for the 39 public. 40 41 Lights at Rink doo 03 -01 -11 tc Minutes Page 2 of 8 42 Council Member Butler requested the lights be checked as they appear to be very dim 43 and possibly a safety issue. 44 45 Brush Creek and Kearns Light 46 Mayor Boineau asked about the light at the intersection of Kearns and Brush Creek 47 near the Town Hall entrance. A bulb out and this creates a safety issue. 48 49 Discovery Center 50 Council Member Butler inquired where we are with this; Town Manager Russ Forrest 51 noted we are still looking for space. 52 53 Ice Age Brochure 54 Council Member Wilkinson received a brochure of the Ice Age discovery produced by 55 third grader Asher Hoyt from Teller Elementary School in Denver. He would like Susan 56 Hamley to send a thank you letter from the Town. 57 58 Base Village 59 Council Member Fred Kucker spoke to a conversation that he had with Jim DiFrancia in 60 regards to the foreclosure date and the Conference Center space in the Capital Peak 61 building. He would put forth Town Council think about discussing this item further. 62 63 Item No. 4 RESOLUTION NO. 1, SERIES OF 2011 DESIGNATION OF PUBLIC 64 NOTICE BOARDS CONSIDERATION OF A RESOLUTION DESIGNATING THE 65 LOCATION OF THE OFFICIAL PUBLIC NOTICE BOARDS FOR THE TOWN OF 66 SNOWMASS VILLAGE 67 68 Town Clerk noted that the only change in this resolution from years past is the 69 official Public Notice Board is now only the location in Town Hall. The notice board at 70 the Snowmass Center will still be utilized but not the official location due it not being a 71 secure location. 72 73 Markey Butler made the motion to approve Resolution No. 1, Series of 2011 74 Designation of Public Notice Boards for the Town of Snowmass Village for the year of 75 2011. Jason Haber seconded the motion. The motion was approved by a vote of 5 in 76 favor to 0 opposed. 77 78 Voting Aye: John Wilkinson, Jason Haber, Markey Butler, Fred Kucker and Mayor Bill 79 Boineau. 80 81 Voting Nay: None. 82 Item No. 5 RESOLUTION NO. 2, SERIES OF 2011 APPOINTING MUNICIPAL 83 JUDGE- A RESOLUTION APPOINTING H. LAWSON WILLS AS MUNICIPAL JUDGE 84 SETTING THE TERM OF OFFICE AND COMPENSATION. dop 03 -01 -11 tc Minutes Page 3 of 8 85 Judge H. Lawson Wills spoke to Council on philosophy and provided information on the 86 last twelve months of court activity. 87 88 Jason Haber made the motion to approve Resolution No. 2, Series of 2011 appointing 89 H. Lawson Wills as Municipal Judge for the Town of Snowmass Village for the year of 90 2011. Fred Kucker seconded the motion. The motion was approved by a vote of 5 in 91 favor to 0 opposed. 92 93 Voting Aye: Fred Kucker, John Wilkinson, Jason Haber, Markey Butler, and Mayor Bill 94 Boineau. 95 96 Voting Nay: None. 97 Item No. 6 RESOLUTION NO. 3, SERIES OF 2011 A RESOLUTION APPOINTING 98 MEMBERS TO NEW TERMS FOR BOARDS AND COMMISSIONS 99 100 Town Clerk Rhonda Coxon stated there is a total of 18 vacancies this year and she 101 reviewed the incumbents and new applicants for each board. Council interviewed the 102 applicants. After a secrecy vote, Council voted to appoint Michelle Bates to the Liquor 103 Licensing Board as there were two applicants for one position. 104 105 After discussion Council deferred the Ex- Officio position on the Marketing, Group Sales 106 and Special Events Board until the second meeting in February after the foreclosure 107 date for Base Village. 108 109 Markey Butler made the motion to approve Resolution No. 3, Series of 2011 appointing 110 all the incumbents that applied for the Boards, and Michelle Bates to Liquor Licensing 111 Authority and postpone the appointment of the Ex- Officio on the Marketing, Group Sales 112 and Special Events Board. Fred Kucker seconded the motion. The motion was 113 approved by a vote of 5 in favor to 0 opposed. 114 115 Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, Jason Haber, and Fred 116 Kucker. 117 118 Voting Nay: None. 119 Item No. 7 PUBLIC HEARING AND DISCUSSION CONSIDERATION OF THE 120 SPECIAL REVIEW APPLICATIONS FOR THE ELK CAMP RESTAURANT AND A 121 NIGHT LIGHTING PLAN FOR NIGHTTIME OPERATIONS TO 1200 MIDNIGHT 122 TOGETHER WITH THE ASSOCIATED MINOR PLANNED UNIT DEVELOPMENT 123 (PUD) AMENDMENT TO SNOWMASS MOUNTAIN 124 125 At 4:49 p.m. 126 .0off 03 -01 -11 tc Minutes Page 4 of 8 127 Mayor Boineau opened the Continuation of the Public Hearing for comments from the 128 Public. 129 130 Representing the Aspen Skiing Company Chris Riley and David Corbin discussed the 131 Elk Camp Restaurant and follow up the review and discussion from the December 20th 132 2010 meeting and consider the applicant's responses on the issues identified today. 133 134 Kevin Wright from the Division of Wildlife stated the Division's concern of more and 135 more activity on the mountain and the impacts this activity has on the deer, elk and 136 other wildlife in this area. Wright noted that two areas of compromise would be to turn 137 amplified music away from Burnt Mountain and after a certain hour have all amplified 138 music inside when possible. The applicant is in agreement to add these items within the 139 conditions of approval. 140 141 Town Council reviewed the lighting plan, construction vehicles, skier access, and the 142 construction management plan. At this time Jim Wahlstrom Senior Planner stated that 143 he will prepare a resolution and an ordinance for the next meeting which is January 18, 144 2011. This will include the Amendment to Snowmass Mountain PUD guide. 145 146 AT 5:57 p.m. 147 Mayor Boineau continued the Public Hearing to January 18th, 2011. 148 149 Town Council took a break at this time. 150 151 Item No, 9 RESOLUTION NO. 5, SERIES OF 2011 IGA 152 153 Mayor Boineau recused himself as he is the President of the Wildcat Fire Protection 154 District Board. Town Attorney John Dresser stated that the purpose of this 155 Intergovernmental Agreement (IGA) with the Snowmass Wildcat Fire Protection District 156 (SWFPD) is to share revenue generated by false alarms pursuant to the emergency 157 Alarm program in Snowmass Village Municipal Code Section 18 -141 et.seq. He noted 158 that this section establishes an Emergency Alarm program that among other things 159 provides service fees for responses to false alarms. TOSV classifies alarm requests as 160 fire /medical, intrusion or panic. TOSV is the primary response to intrusion and panic 161 requests and SWFPD is the primary response to fire /medical requests. The Emergency 162 Alarm program requires an annual alarm user permit at a cost of $35 per alarm system. 163 The SWFPD has suggested that because it is the primary response for fire /medical 164 alarms requests that it should receive the revenue from false fire /medical alarms to 165 which it responds. The Police department agrees this is equitable. Permit fees 166 generate approximately $20,000 annually which closely approximates the administrative 167 costs of the program. TOSV will continue to retain all user permit fees to administer the 168 program. Pursuant to the IGA, TOSV will track and annually pay to SWFPD the 169 revenue generated by the service fees for fire /medical false alarms reported to TOSV by 170 SWFPD. goo 03 -01 -11 tc Minutes Page 5 of 8 171 Markey Butler made the motion to approve as amended Resolution No. 5, Series of 172 2011 authorizing the entrance into an IGA with SWFPD. Jason Haber seconded the 173 motion. The motion was approved by a vote of 5 in favor to 0 opposed. 174 175 Voting Aye: Fred Kucker, John Wilkinson, Jason Haber, Markey Butler, and Mayor Bill 176 Boineau. 177 178 Voting Nay: None. 179 After discussion between staff and Council the consensus was to reinstate service at 180 the Homestead Bus stop and staff will bring back recommendations to Council on how 181 to make this as safe as possible. 182 183 Item No. 11 MANAGER'S REPORT 184 185 Town Manager Russ Forrest noted that due to the number of people in the audience 186 today wanting to speak to an item in the Manager's Report, Council has moved to the 187 Manager's Report. Forrest noted that at the last Council Meeting there was a 188 discussion about the Homestead Bus Stop. Several residents living on Brush Creek 189 Road, across from the Homestead Townhomes, are concerned about Shuttle service at 190 what has been an unsigned stop at the Homestead Townhomes. He noted there is 191 a memo in the packet from Transit Director David Peckler on this issue and it also 192 responds to several questions the Council had. After talking with the Transportation 193 staff and the Police Department, the decision to eliminate this unsigned stop was based 194 on valid safety concerns. 195 196 Forrest stated that at the end of the day he does not feel he can overturn the suggestion 197 from the Transportation Department and he referred to the memo on page 116 and 117 198 of today's packet. Peckler reviewed responses to questions that Council presented 199 regarding this issue. 200 201 Mayor Boineau and Council Member Kucker were in agreement with staff's 202 recommendation. 203 204 Rhonda Bazil resident of Snowmass Village asked that before Council makes a 205 decision they allow the homeowners to comment on the issue. She continued to 206 state that Peckler specifically told her there have been no accidents at this particular 207 bus stop, she also spoke to the safety issues on the bike path, the traffic issues, do not 208 eliminate it but let's try to work it out. She suggests a site visit in ski boots. 209 210 Bob Campbell a homeowner in Snowmass Village for 26 years and an owner in the 211 Homestead for 17 years spoke to the safety of the bike path and the Blue Roof stop is 212 not convenient for the Homestead and house single family homes on Brush Creek. He 213 noted this actually affects all the single family homes and a potential of 65 people. do 03 -01 -11 tc Minutes Page 6of8 214 Mike Estes President of the Homeowners Association at the Homestead has lived 215 at Homestead for 15 years. He also spoke to the safety issues of the bike path and 216 he noted that he took the time to measure the Sinclair Bus stop which is 14 feet and he 217 noted there is more than that at the Homestead pulls in. He noted that the buses are 218 able to pull completely off the road when dropping off passengers. He stated all the 219 homeowners ask that he bring their concerns forward. He also feels that this 220 will increase the number of cars being driven in Snowmass. 221 222 Mark Hogan resident of Snowmass Village on Brush Creek Road asked that Council 223 reinstate the bus service at the Homestead. Issues he brought up had to do with, no 224 communication to the residents using the bus stop before and after the Town 225 discontinued service, the proof of accidents, obtaining Police input after the decision 226 was made to discontinue service and there being a alternate alternative for 227 discontinuing service such as rookie and seasoned staff. He requested this bus stop be 228 reinstated. He also felt this was a decision was made in haste. 229 230 Baxter Breaux a 33 year resident of Snowmass Village on Brush Creek Road state he 231 has been riding a bus for 17 years. He feel the decision was made to discontinue 232 service way before Mr. Peckler's facts came out and he does not feel there have been 233 any problems in 17 years and he is requesting the service be reinstated and that the 234 facts were made up to fit the circumstances. 235 236 Tom Todd a resident of 3887 Brush Creek Road a lawyer and spouse of Rhonda Bazil 237 spoke to safety and liability issues and the Snowmass Village Comprehensive Plan. He 238 noted that it is hard to talk about distances in Snowmass Village without talking about 239 grades due to Snowmass Village being built on a hill. He also noted the current routes 240 within Snowmass Village built within quarter mile from each other and asked that 241 Council reconsider their decision. 242 243 Council Member Butler would like staff to find a way to solve the safety and liability 244 issues without spending tons of money. Mayor Boineau has the same concerns and 245 would like to make this stop work for the resident of this area. 246 247 Mike Estes resident of Snowmass Village and the Homestead, provided copies of some 248 pictures he took today of both sides of the Brush Creek road, these were submitted to 249 the Clerk for the record. 250 251 Council consensus was to reinstate the bus service at the Homestead as soon as 252 operationally possible and report back to Council recommendations that would make 253 the bus stop safer. 254 255 Item No. 10 RESOLUTION NO. 6, SERIES OF 2011 -AUTHORIZATION TO SELL 256 CCV #1210 AND REMOVE ALL DEED RESTRICTIONS 257 WqYMOO 03 -01 -11 tc Minutes Page 7 of 8 258 There being no discussion Council made a motion. 259 260 John Wilkinson made the motion to approve Resolution No. 6, Series of 2011 261 authorizing the sale of Country Club Villa 1210. Markey Butler seconded the motion. 262 The motion was approved by a vote of 5 in favor to 0 opposed. 263 264 Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, Jason Haber, and Fred 265 Kucker. 266 267 Voting Nay: None. 268 Item No. 8 DISCUSSION FOR APPOINTMENTS FOR THE ICE AGE DISCOVERY 269 COMMITTEE 270 271 Town Manager Russ Forrest stated that the action required at today's meeting is 272 deciding on whom to interview for the final two positions on the IADC: Education and 273 Citizen -At -Large seats. Included in today's packet are the responses to the follow -up 274 questions submitted by the candidates for both of these positions. 275 276 Council decided to ask Sandy Jackson, Sara Schmidt and Andre Wille to come before 277 them for an interview for the Education position. The Council also picked Colleen 278 Doyle, Janis Huggins, Jack Rafferty and Chuck Barth for the Citizen at large 279 position. These applicants will be invited to the Monday January 18, 2011 meeting for 280 individual interviews. 281 282 At this time Council finished the discussion of the Manager's Report. 283 284 Tree Recycle 285 Christmas tree recycle at the Black Saddle through next Friday. 286 287 Council Retreat 288 Council Retreat will now be held at the TOSV Council Chambers. Forrest reviewed the 289 format of the agenda and items to be discussed. 290 291 Interim Building 7 292 Town Manager Russ Forrest stated that all the obligations have been fulfilled for this 293 Building so the bond can be released. 294 295 Item No. 12 AGENDA FOR NEXT TOWN COUNCIL MEETING 296 297. Town Manager Russ Forrest noted that we will move the REOP discussion and put on a 298 future agenda. He also noted that Jim Horowitz would like some time on the January 299 18th agenda and there also be an IGA presented for the Droste Property. 300 03 -01 -11 tc Minutes Page 8 of 8 301 Item No. 13 APPROVAL OF MEETING MINUTES FOR 302 December 6, 2010 303 Markey Butler made the motion to approve as amended the Minutes of the Regular 304 Meeting of December 6, 2010. Fred Kucker seconded the motion. The motion was 305 approved by a vote of 5 in favor to 0 opposed. 306 307 Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, Jason Haber, and Fred 308 Kucker. 309 310 Voting Nay: None. 311 Item No. 14 COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS 312 313 RFTA 314 Council Member Wilkinson noted there is a RTFA meeting on January 13, 2011. 315 316 CAST 317 Town Manager Russ Forrest noted that the Town of Snowmass Village will be hosting a 318 CAST meeting on January 27th and 28th. This will be dinner on the 27th and a meeting 319 on the morning of the 28th in the Council Chambers from 8:00 a.m. 12 noon. 320 321 Item No. 15 ADJOURNMENT 322 323 At 8:00 p.m. 324 325 Fred Kucker made the motion to adjourn the Regular Meeting of the Snowmass Village 326 Town Council on Monday January 3, 2011. Markey Butler seconded the motion. The 327 motion was approved by a vote of 5 in favor to 0 opposed. 328 329 Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, Jason Haber, and Fred 330 Kucker. 331 332 Voting Nay: None. 333 Submitted By, 334 335 336 Rhonda B. Coxon, Town Clerk 337 jar 1 2 SNOWMASS VILLAGE 3 REGULAR MEETING MINUTES 4 TUESDAY, JANUARY 18, 2011 5 6 CALL TO ORDER AT 4:00 P.M. 7 Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town 8 Council on Tuesday, January 18, 2011 at 4:03 p.m. 9 10 Item No. 1 ROLL CALL 11 COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, John Wilkinson, Markey Butler, Fred Kucker, and Jason Haber. 12 COUNCIL MEMBERS ABSENT: All council members were present. 13 14 STAFF PRESENT: Russ Forrest, Town Manager; John Dresser, Town 15 Attorney; Hunt Walker, Public Works Director; Chris 16 Conrad, Planning Director; Jim Wahlstrom, Senior 17 Planner; Rhonda B. Coxon, Town Clerk 18 PUBLIC PRESENT: Madeleine Osberger, Greer Fox, Colleen Doyle, Jack 19 Rafferty, Janis Huggins, Chuck Barth, Sarah Schmidt, 20 Sandy Jackson, Jim Campbell, David Corbin, Chris 21 Kiley and other, members of the public .interested in 22 items on today's agenda. 23 24 Item No. 2 PUBLIC NON- AGENDA ITEMS 25 26 There were no Public Non Agenda Items. 27 28 Item No. 3 COUNCIL UPDATES 29 30 Plastic Bags 31 Council Member Haber attended a meeting with other jurisdictions throughout the Valley 32 to discuss the discontinuation of plastic bags in grocery stores and with other merchants 33 throughout the Valley. 34 35 Compost 36 Council Member Haber also stated that the City of Aspen Environmental Department is 37 looking for people who may be interested in food compost. There is a drop site at the 38 Snowmass Club and anyone is invited to use this site for compost recycle and they may 39 contact Dave Ogren for additional information. 40 41 Item No. 4 FINAL INTERVIEWS THE ICE AGE DISCOVERY COMMITTEE 970M 01 -18 -11 tc Minutes Page 2 of 7 42 43 Mayor Boineau asked all applicants wait in the lobby of Town Hall and Council will 44 interview each individually. 45 46 At this time Council interviewed the applicants for the Education and Citizen -At -Large 47 positions. First was the Education position. Council interviewed Sandy Jackson and 48 Sara Schmidt. Andre Wille was unable to make the meeting due to an emergency at 49 home. After interviewing both Jackson and Schmidt the Council decided to appoint both 50 applicants to the Education position. 51 52 Council Member Butler arrived at 5:50 p.m. 53 54 At this time Town Council interviewed the applicants for the Citizen -At -Large position 55 which included Jack Rafferty, Colleen Doyle, Janis Huggins and Chuck Barth. Council 56 voted for two people to be assigned to this position and they were Chuck Barth and 57 Colleen Doyle. 58 59 Town Manager Russ Forrest reviewed the objectives of the IADC and is also asking for 60 a motion from the Council to approve the request for staff to obtain the services of 61 Valerie Borthwick from Executive Services Corp to facilitate the IADC and to approve 62 $5,750 for funding the IADC. 63 64 Markey Butler made the motion to approve hiring Valerie Borthwick for a facilitator and 65 the $5,750 budget. Fred Kucker seconded the motion. The motion was approved by a 66 vote of 5 in favor to 0 opposed. 67 68 Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, Fred Kucker, and Jason 69 Haber. 70 71 Voting Nay: None. 72 Town Council took a break at this time. 73 74 Item No. 6 RESOLUTION NO. 9, SERIES OF 2011 APPOINTING NEW MEMBER 75 TO THE MARKETING, GROUP SALES AND SPECIAL EVENTS BOARD 76 77 Town Clerk Rhonda Coxon indicated there was still an opening on the Marketing Group 78 Sales and Special Event Board and after additional advertising an application was 79 received from John Henschel for the retail spot. Mr. Henschel is the owner of Incline 80 Ski Shop and Blazing Adventures in Snowmass Village. Coxon noted that Mr. Henschel 81 is in the audience and available to answer any questions Council may have at this time. 82 83 John Wilkinson made the motion to approve Resolution No. 9, Series of 2011, appoint 84 new member to the Marketing, Group Sales and Special Events Board. Markey Butler 85 seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 01 -18 -11 tc Minutes Page 3 of 7 86 Voting Aye: Jason Haber, John Wilkinson, Fred Kucker, Markey Butler, and Mayor Bill 87 Boineau. 88 89 Voting Nay: None. 90 Item No.5 DISCUSSION JAZZ ASPEN SNOWMASS 91 92 Representing Jazz Aspen Snowmass Joe Lang and Marc Breslin are before Council 93 today to formally request relief from costs associated (roughly $50,000) with producing 94 the 2011 Labor Day Festival through the municipal departments of transportation, public 95 works and police. They stated at this time, Jazz Aspen Snowmass (JAS) is committed 96 to maintaining a "world- class" level of presentation that not only the Town, but all 97 Festival attendees have come to expect from this event, to the tune of $2 million plus in 98 costs. They noted that with the current volatility of the concert industry in general, JAS 99 as a non profit organization, they need to explore very potential cost saving measure 100 available to them. After a discussion the Council consensus was that due to budget 101 cuts and staff not receiving raises in a number of years they did not feel they could 102 approve this request at this time. 103 104 The TOSV Marketing Department has contributed in 2010 $150,000 last year, 2009 105 $175,000 and in 2008 $200,000. The Council suggested that JAS look to other entities 106 for contributions such as EOTC. Council stated they will be taking another look and the 107 budget and sales tax number in March and that would be a better time to 108 determine where we stand for this season. 109 110 Item No. 7 CONTINUATION OF PUBLIC HEARING RESOLUTION NO. 4 SERIES 111 OF 2011 SPECIAL REVIEW APPLICATIONS FOR THE ELK CAMP RESTAURANT 112 AND A LIGHTING PLAN FOR NIGHTTIME OPERATIONS TO 1200 MIDNIGHTAND 113 FIRST READING ORDINANCE NO. 1, SERIES OF 2011 MINOR PLANNED UNIT 114 DEVELOPMENT (PUD) AMENDMENT TO SNOWMASS MOUNTAIN 115 116 At 7:32 p.m. 117 Mayor Boineau opened the Continuation of the Public Hearing for Public Comment. 118 119 Fred Kucker made the motion to approve as amended Resolution No 4, Series of 2011 120 special review application for the Elk Camp Restaurant. Markey Butler seconded the 121 motion. The motion was approved by a vote of 5 in favor to 0 opposed. 122 123 Voting Aye: Jason Haber, John Wilkinson, Fred Kucker, Markey Butler, and Mayor Bill 124 Boineau. 125 126 Voting Nay: None. 127 Senior Planner Jim Wahlstrom noted that Resolution No. 4, Series of 2011 is a Special 128 Review application for the Elk Camp Restaurant and a Lighting Plan for nighttime Aq alb 01- 18 -11tc Minutes Page 4 of 7 129 operations until midnight. At this time Council reviewed the resolution and provided 130 language changes to staff. Representing the Aspen Skiing Company Chris Kiley and 131 David Corbin were present to answer any questions of Council. 132 133 John Wilkinson made the motion to approve First Reading of Ordinance No. 1 Series of 134 2011 Minor PUD Amendment to Snowmass Mountain. Markey Butler seconded the 135 motion. The motion was approved by a vote of 5 in favor to 0 opposed. 136 137 Voting Aye: Jason Haber, John Wilkinson, Fred Kucker, Markey Butler, and Mayor Bill 138 Boineau. 139 140 Voting Nay: None. 141 At 8:09 p.m. 142 Mayor Boineau continued the Public Hearing until February 7, 2011. 143 144 Item No. 8 RESOLUTION NO. 07, SERIES OF 2011 APPROVING UPDATES TO 145 THE TITLE VI CIVIL RIGHTS PLAN WHICH INCLUDES LIMITED ENGLISH 146 PROFICIENCY (LEP) PLAN. 147 148 Transit Manager David Peckler stated that this is amendment to the Plan that Council 149 adopted in 2008. Staff is requesting approval of this Resolution to ensure that the 150 services provided by the Town, with funding from the Federal Transit Administration 151 (FTA) under Section 5311 Non Urbanized Area Formula Program operating assistance 152 grant and TIGGER 11 energy grant, shall in no way exclude any person from 153 participations in, benefits of, or in any way subject someone to discrimination on the 154 grounds of race, color or nation origin. The Town receives grants from the FTA, for the 155 provision of service on routes 3 and 8 on a year -round basis and for capital purchases. 156 FTA grants in 2011 are for: $190,785 in Administration and Operating assistance, 157 carryover of $238,000 in Capital funding from a Section 5311 Capital grant for a vehicle 158 purchase, $45,000 in Section 5309 Bus and Bus Facility grant for a vehicle purchase, 159 $73,936 in a TIGGER II energy grant. Jurisdictions that receive combined FTA grant 160 funding in excess of $250,000 are required to adopt a Title VI Plan as part of the Master 161 Agreement's Certifications and Assurances (Adopted under Resolution #43, Series of 162 2010 on November 15, 2010). The Title VI Plan includes assurances that information 163 and services are accessible to individuals with Limited English Proficiency (LEP Plan), 164 and that there is a formal procedure for handling complaints under Title VI of the Civil 165 Rights Act of 1967. Our capital grants for vehicle replacements under FTA Section 166 5309 and Section 5311 are exempt from the formula to determine if the combined 167 grants exceed $250,000. The 5311 Administration Operating grant and the TIGGER II 168 grant totals $264,721. Peckler stated our current plan has expired and is subject to 169 renew in 2011. There are minor changes to dates and demographic information to keep 170 the plan up to date. There will be a small cost of approximately $3,500 hold public 171 hearing, to translate our route information and forms into Spanish, and produce 172 materials for distribution. Peckler reviewed with Council some minor changes. 01 -18 -11 tc Minutes Page 5 of 7 173 Markey Butler made the motion to approve Resolution No. 7, Series of 2011 update to 174 Title VI Civil Rights Plan. Fred Kucker seconded the motion. The motion was approved 175 by a vote of 5 in favor to 0 opposed. 176 177 Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, Fred Kucker, and Jason 178 Haber. 179 180 Voting Nay: None. 181 Item No. 9 RESOLUTION NO. 08, SERIES OF 2011 APPROVING UPDATES TO 182 SUBSTANCE ABUSE POLICY FOR EMPLOYEES SUBJECT TO DRUG AND 183 ALCOHOL TESTING. 184 185 Fred Kucker made the motion to approve Resolution No. 8, Series of 2011 approving 186 updates to the Substance Abuse Policy. Markey Butler seconded the motion. The 187 motion was approved by a vote of 5 in favor to 0 opposed. 188 189 Transit Manager David Peckler is requesting Council's approval of Resolution No. 8, 190 Series of 2011 that adopts amendments to our current drug and alcohol policy covering 191 employees who work in safety sensitive positions so that we are in compliance with the 192 latest updates. 193 Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, Fred Kucker, and Jason 194 Haber. 195 196 Voting Nay: None. 197 Item No. 10 RESOLUTION NO. 18, SERIES OF 2011 -A RESOLUTION APPROVING 198 THE ENTRANCE INTO AN INTERGOVERNMENTAL AGREEMENT WITH PITKIN 199 COUNTY TO PURCHASE THE DROSTE OPEN SPACE 200 201 John Wilkinson made the motion to approve Resolution No. 18, Series of 2011 202 approving entrance into an IGA with Pitkin County to purchase Droste Open Space. 203 Jason Haber seconded the motion. The motion was approved by a vote of 5 in favor to 204 0 opposed. 205 206 Voting Aye: Jason Haber, John Wilkinson, Fred Kucker, Markey Butler, and Mayor Bill 207 Boineau. 208 209 Voting Nay: None. 210 211 Town Manager Russ Forrest stated the purpose of this IGA is to formalize the Town's 212 commitment to pay Pitkin County $2 million over a 7 year period for the Town's portion 213 of the Droste open space acquisition. 214 01- 18 -11tc Minutes Page 6 of 7 215 Item No. 11 MANAGER'S REPORT 216 217 Retreat 218 Town Manager Russ Forrest thanked the Council for their time and attendance at the 219 retreat and he noted he will provide a summary at a future Council meeting. 220 221 Planning Commission Meeting 222 Town Manager Russ Forrest noted there is a Planning Commission meeting on January 223 19, 2011 and one of the agenda items will be the Housing Policies. 224 225 CAST 226 Town Manager Russ Forrest stated that TOSV will be hosting the Colorado Association 227 of Ski Towns on January 27th and 28th. Please RSVP to Admin Assistant Barb Peckler 228 if you plan on attending. 229 230 Item No. 12 AGENDA FOR NEXT TOWN COUNCIL MEETING February 7, 2011 231 The Council and staff discussed the next agenda for February 7, 2011. Mayor Boineau 232 asked that staff be put at the beginning of the meetings to avoid comp time, and get 233 them in and out on a timely basis. 234 235 Item No. 13 APPROVAL OF MEETING MINUTES FOR November 15, 2010 Regular Meeting December 13, 2010 Special Meeting 236 237 Jason Haber made the motion to approve as amended the Regular Minutes of the 238 Snowmass Village Town Council from Monday, November 15, 2010. Fred Kucker 239 seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 240 241 Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, Fred Kucker, and Jason 242 Haber. 243 244 Voting Nay: None. 245 Fred Kucker made the motion to approve as amended the Special Meeting Minutes 246 from the Snowmass Village Town Council from Monday, December 13, 2010. John 247 Wilkinson seconded the motion. The motion was approved by a vote of 5 in favor to 0 248 opposed. 249 250 Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, Fred Kucker, and Jason 251 Haber. 252 253 Voting Nay: None. goo 4W 01- 18 -11tc Minutes Page 7 of 7 254 Item No. 14 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS 255 256 RFTA Discounted Passes 257 Due to the dissolution of SVRA there are no discounted passes for Snowmass 258 Businesses. It is a benefit to a membership as ACRA and Basalt Chambers, our 259 businesses pay a tax not a membership. 260 261 Kearns and Brush Creek Light 262 Mayor Boineau asked about the light that is still out on Brush Creek and Kearns and if 263 we could contact the owner to get it fixed for those crossing the street at night. 264 265 Item No. 15 ADJOURNMENT 266 267 AT 8:40 p.m. 268 269 Fred Kucker made the motion to adjourn the Regular Meeting of the Snowmass Village 270 Town Council on Tuesday, January 18, 2011. Jason Haber seconded the motion. The 271 motion was approved by a vote of 5 in favor to 0 opposed. 272 273 Voting Aye: Jason Haber, John Wilkinson, Fred Kucker, Markey Butler, and Mayor Bill 274 Boineau. 275 276 Voting Nay: None. 277 Submitted By, 278 279 Rhonda B. Coxon, Town Clerk 280 Fe IUY U� Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 12 Town Council Meeting 4:00 m. 13 14 15 16 17 18 19 Valentines Day 20 21 22 23 24 25 26 Town President's Council Day Meeting 4:00 m. Town Offices Closed 27 28 e Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 12 Town Council Meeting 13 14 15 16 17 18 19 Daylight t Savings Time Beginsn St Patrick's Da 20 21 22 23 24 25 26 Town EOTC Council MEETING Meeting 4:00 P.M. 4:00 M. Aspen City Hall 27 28 29 30 31 I