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01-18-11 Town Council Minutes SNOWMASS VILLAGE REGULAR MEETING MINUTES TUESDAY, JANUARY 18, 2011 CALL TO ORDER AT 4:00 P.M. Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town Council on Tuesday, January 18, 2011 at 4:03 p.m. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, John Wilkinson, Markey Butler, Fred Kucker, and Jason Haber. COUNCIL MEMBERS ABSENT: All council members were present. STAFF PRESENT: Russ Forrest, Town Manager; John Dresser, Town Attorney; Hunt Walker, Public Works Director; Chris Conrad, Planning Director; Jim Wahlstrom, Senior Planner; Rhonda B. Coxon, Town Clerk PUBLIC PRESENT: Madeleine Osberger, Greer Fox, Colleen Doyle, Jack Rafferty, Janis Huggins, Chuck Barth, Sarah Schmidt, Sandy Jackson, Jim Campbell, David Corbin, Chris Kiley and other members of the public interested in items on today's agenda. Item No. 2 PUBLIC NON AGENDA ITEMS There were no Public Non Agenda Items. Item No. 3 COUNCIL UPDATES Plastic Bags Council Member Haber attended a meeting with other jurisdictions throughout the Valley to discuss the discontinuation of plastic bags in grocery stores and with other merchants throughout the Valley. Compost Council Member Haber also stated that the City of Aspen Environmental Department is looking for people who may be interested in food compost. There is a drop site at the Snowmass Club and anyone is invited to use this site for compost recycle and they may contact Dave Ogren for additional information. Item No. 4 FINAL INTERVIEWS THE ICE AGE DISCOVERY COMMITTEE 01 -18 -11 tc Minutes Page 2 of 7 Mayor Boineau asked all applicants wait in the lobby of Town Hall and Council will interview each individually. At this time Council interviewed the applicants for the Education and Citizen -At -Large positions. First was the Education position. Council interviewed Sandy Jackson and Sara Schmidt. Andre Wille was unable to make the meeting due to an emergency at home. After interviewing both Jackson and Schmidt the Council decided to appoint both applicants to the Education position. Council Member Butler arrived at 5:50 p.m. At this time Town Council interviewed the applicants for the Citizen -At -Large position which included Jack Rafferty, Colleen Doyle, Janis Huggins and Chuck Barth. Council voted for two people to be assigned to this position and they were Chuck Barth and Colleen Doyle. Town Manager Russ Forrest reviewed the objectives of the IADC and is also asking for a motion from the Council to approve the request for staff to obtain the services of Valerie Borthwick from Executive Services Corp to facilitate the IADC and to approve $5,750 for funding the IADC. Markey Butler made the motion to approve hiring Valerie Borthwick for a facilitator and the $5,750 budget. Fred Kucker seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, Fred Kucker, and Jason Haber. Voting Nay: None. Town Council took a break at this time. Item No. 6 RESOLUTION NO. 9, SERIES OF 2011 APPOINTING NEW MEMBER TO THE MARKETING GROUP SALES AND SPECIAL EVENTS BOARD Town Clerk Rhonda Coxon indicated there was still an opening on the Marketing Group Sales and Special Event Board and after additional advertising an application was received from John Henschel for the retail spot. Mr. Henschel is the owner of Incline Ski Shop and Blazing Adventures in Snowmass Village. Coxon noted that Mr. Henschel is in the audience and available to answer any questions Council may have at this time. John Wilkinson made the motion to approve Resolution No. 9, Series of 2011, appoint new member to the Marketing, Group Sales and Special Events Board. Markey Butler 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 Voting Aye: Jason Haber, John Wilkinson, Fred Kucker, Markey Butler, and Mayor Bill Boineau. Voting Nay: None. Item No.5 DISCUSSION JAZZ ASPEN SNOWMASS Representing Jazz Aspen Snowmass Joe Lang and Marc Breslin are before Council today to formally request relief from costs associated (roughly $50,000) with producing the 2011 Labor Day Festival through the municipal departments of transportation, public works and police. They stated at this time, Jazz Aspen Snowmass (JAS) is committed to maintaining a "world- class" level of presentation that not only the Town, but all Festival attendees have come to expect from this event, to the tune of $2 million plus in costs. They noted that with the current volatility of the concert industry in general, JAS as a non profit organization, they need to explore very potential cost saving measure available to them. After a discussion the Council consensus was that due to budget cuts and staff not receiving raises in a number of years they did not feel they could approve this request at this time. The TOSV Marketing Department has contributed in 2010 $150,000 last year, 2009 $175,000 and in 2008 $200,000 towards the transportation costs. The Council suggested that JAS look to other entities for contributions such as EOTC. Council stated they will be taking another look and the budget and sales tax number in March and that would be a better time to determine where we stand for this season. Item No. 7 CONTINUATION OF PUBLIC HEARING RESOLUTION NO. 4 SERIES OF 2011 SPECIAL REVIEW APPLICATIONS FOR THE ELK CAMP RESTAURANT AND A LIGHTING PLAN FOR NIGHTTIME OPERATIONS TO 1200 MIDNIGHTAND FIRST READING ORDINANCE NO. 1, SERIES OF 2011 MINOR PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT TO SNOWMASS MOUNTAIN At 7:32 p.m. Mayor Boineau opened the Continuation of the Public Hearing for Public Comment. Fred Kucker made the motion to approve as amended Resolution No 4, Series of 2011 special review application for the Elk Camp Restaurant. Markey Butler seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Jason Haber, John Wilkinson, Fred Kucker, Markey Butler, and Mayor Bill Boineau. Voting Nay: None. Senior Planner Jim Wahlstrom noted that Resolution No. 4, Series of 2011 is a Special Review application for the Elk Camp Restaurant and a Lighting Plan for nighttime 01 -18 -11 tc Minutes Page 4 of 7 operations until midnight. At this time Council reviewed the resolution and provided language changes to staff. Representing the Aspen Skiing Company Chris Kiley and David Corbin were present to answer any questions of Council. John Wilkinson made the motion to approve First Reading of Ordinance No. 1 Series of 2011 Minor PUD Amendment to Snowmass Mountain. Markey Butler seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Jason Haber, John Wilkinson, Fred Kucker, Markey Butler, and Mayor Bill Boineau. Voting Nay: None. At 8:09 p.m. Mayor Boineau continued the Public Hearing until February 7, 2011. Item No. 8 RESOLUTION NO. 07, SERIES OF 2011 APPROVING UPDATES TO THE TITLE VI CIVIL RIGHTS PLAN WHICH INCLUDES LIMITED ENGLISH PROFICIENCY (LEP) PLAN. Transit Manager David Peckler stated that this is amendment to the Plan that Council adopted in 2008. Staff is requesting approval of this Resolution to ensure that the services provided by the Town, with funding from the Federal Transit Administration (FTA) under Section 5311 Non Urbanized Area Formula Program operating assistance grant and TIGGER II energy grant, shall, in no way exclude any person from participations in, benefits of, or in any way subject someone to discrimination on the grounds of race, color or nation origin. The Town receives grants from the FTA, for the provision of service on routes 3 and 8 on a year -round basis and for capital purchases. FTA grants in 2011 are for: $190,785 in Administration and Operating assistance, carryover of $238,000 in Capital funding from a Section 5311 Capital grant for a vehicle purchase, $45,000 in Section 5309 Bus and Bus Facility grant for a vehicle purchase, $73,936 in a TIGGER II energy grant. Jurisdictions that receive combined FTA grant funding in excess of $250,000 are required to adopt a Title VI Plan as part of the Master Agreement's Certifications and Assurances (Adopted under Resolution #43, Series of 2010 on November 15, 2010). The Title VI Plan includes assurances that information and services are accessible to individuals with Limited English Proficiency (LEP Plan), and that there is a formal procedure for handling complaints under Title VI of the Civil Rights Act of 1967. Our capital grants for vehicle replacements under FTA Section 5309 and Section 5311 are exempt from the formula to determine if the combined grants exceed $250,000. The 5311 Administration Operating grant and the TIGGER II grant totals $264,721. Peckler stated our current plan has expired and is subject to renew in 2011. There are minor changes to dates and demographic information to keep the plan up to date. There will be a small cost of approximately $3,500 hold public hearing, to translate our route information and forms into Spanish, and produce materials for distribution. Peckler reviewed with Council some minor changes. 01- 18 -11tc Minutes Page 5 of 7 Markey Butler made the motion to approve Resolution No. 7, Series of 2011 update to Title VI Civil Rights Plan. Fred Kucker seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, Fred Kucker, and Jason Haber, Voting Nay: None. Item No. 9 RESOLUTION NO. 08, SERIES OF 2011 APPROVING UPDATES TO SUBSTANCE ABUSE POLICY FOR EMPLOYEES SUBJECT TO DRUG AND ALCOHOL TESTING. Fred Kucker made the motion to approve Resolution No. 8, Series of 2011 approving updates to the Substance Abuse Policy. Markey Butler seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Transit Manager David Peckler is requesting Council's approval of Resolution No. 8, Series of 2011 that adopts amendments to our current drug and alcohol policy covering employees who work in safety sensitive positions so that we are in compliance with the latest updates of the Substance Abuse Policy. Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, Fred Kucker, and Jason Haber. Voting Nay: None. Item No. 10 RESOLUTION NO. 18, SERIES OF 2011 -A RESOLUTION APPROVING THE ENTRANCE INTO AN INTERGOVERNMENTAL AGREEMENT WITH PITKIN COUNTY TO PURCHASE THE DROSTE OPEN SPACE John Wilkinson made the motion to approve Resolution No. 18, Series of 2011 approving entrance into an IGA with Pitkin County to purchase Droste Open Space. Jason Haber seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Jason Haber, John Wilkinson, Fred Kucker, Markey Butler, and Mayor Bill Boineau. Voting Nay: None. Town Manager Russ Forrest stated the purpose of this IGA is to formalize the Town's commitment to pay Pitkin County $2 million over a 7 year period for the Town's portion of the Droste open space acquisition. 01- 18 -11tc Minutes Page 6 of 7 Item No. 11 MANAGER'S REPORT Retreat Town Manager Russ Forrest thanked the Council for their time and attendance at the retreat and he noted he will provide a summary at a future Council meeting. Planning Commission Meeting Town Manager Russ Forrest noted there is a Planning Commission meeting on January 19, 2011 and one of the agenda items will be the Housing Policies. CAST Town Manager Russ Forrest stated that TOSV will be hosting the Colorado Association of Ski Towns on January 27th and 28th. Please RSVP to Admin Assistant Barb Peckler if you plan on attending. Item No. 12 AGENDA FOR NEXT TOWN COUNCIL MEETING February 7, 2011 The Council and staff discussed the next agenda for February 7, 2011. Mayor Boineau asked that staff be put at the beginning of the meetings to avoid comp time, and get them in and out on a timely basis. Item No. 13 APPROVAL OF MEETING MINUTES FOR November 15, 2010 Regular Meeting December 13, 2010 Special Meeting Jason Haber made the motion to approve as amended the Regular Minutes of the Snowmass Village Town Council from Monday, November 15, 2010. Fred Kucker seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, Fred Kucker, and Jason Haber. Voting Nay: None. Fred Kucker made the motion to approve as amended the Special Meeting Minutes from the Snowmass Village Town Council from Monday, December 13, 2010. John Wilkinson seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Markey Butler, Fred Kucker, and Jason Haber. Voting Nay: None. 01 -18 -11 tc Minutes Page 7 of 7 Item No. 14 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS RFTA Discounted Passes Due to the dissolution of SVRA there are no discounted passes for Snowmass Businesses. It is a benefit to a membership as ACRA and Basalt Chambers, our businesses pay a tax not a membership. Kearns and Brush Creek Light Mayor Boineau asked about the light that is still out on Brush Creek and Kearns and if we could contact the owner to get it fixed for those crossing the street at night. Item No. 15 ADJOURNMENT AT 8:40 p.m. Fred Kucker made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on Tuesday, January 18, 2011. Jason Haber seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Jason Haber, John Wilkinson, Fred Kucker, Markey Butler, and Mayor Bill Boineau. Voting Nay: None. This set of minutes was approved by the Snowmass Village Town Council at their Regular Meeting on Tuesday, February 22, 2011. Submitted By, &V ao- Rhonda B. Coxon, CMC Town Clerk